Rhode Island Code of Regulations Title 242 - Parole Board
Rhode Island Code of Regulations
Title 242 – Parole Board
Overview
Title 242 of the Rhode Island Code of Regulations governs the operations, authority, and procedures of the Rhode Island Parole Board. The Parole Board is a state administrative body responsible for making decisions about the conditional release of incarcerated individuals under supervision before the completion of their full sentences.
The Board's primary mission is to balance the goals of public safety, rehabilitation of offenders, and fair administration of justice by evaluating inmates' readiness for parole and setting conditions for release.
Legal Authority
The Rhode Island Parole Board operates under statutory authority primarily found in the Rhode Island General Laws (R.I. Gen. Laws) Chapter 13-8 and Chapter 42-56, which establish the Board’s powers and responsibilities. Title 242 of the Administrative Code supplements these statutes by outlining procedural rules for parole hearings, decision-making, and revocation.
Key Provisions of Title 242
1. Composition and Appointment
The Parole Board consists of members appointed by the Governor with the advice and consent of the Senate.
Members serve fixed terms as defined by state law and must have qualifications consistent with the duties of the Board.
The Board operates under regulations ensuring impartiality and independence.
2. Parole Eligibility and Hearings
The Board determines whether eligible inmates may be granted parole based on criteria such as:
Nature and severity of the offense.
Inmate’s behavior and institutional record.
Risk of reoffending and public safety considerations.
Rehabilitation efforts, including participation in treatment programs.
Parole hearings are conducted in accordance with due process standards, providing inmates an opportunity to present evidence, call witnesses, and be represented.
3. Decision Making and Conditions
Decisions to grant or deny parole must be based on substantial evidence and documented findings.
When parole is granted, the Board sets conditions of parole, including supervision requirements, reporting, restrictions on associations, and other terms designed to reduce recidivism.
The Board may also impose special conditions tailored to the individual’s circumstances.
4. Parole Revocation
The Board has authority to revoke parole if the parolee violates conditions.
Revocation procedures must comply with procedural due process, including notice of charges, a hearing, and right to counsel.
Revocation hearings assess whether the parolee’s conduct justifies return to incarceration.
5. Administrative Procedures
The Board follows rules for timely notice of hearings, record-keeping, confidentiality of proceedings, and issuance of decisions.
Regulations ensure transparency while protecting sensitive information related to victims and parolees.
Relevant Rhode Island Case Law
While there is limited Rhode Island-specific appellate case law directly interpreting Title 242, several cases clarify the authority and procedural standards applicable to parole decisions and revocation.
1. State v. Smith, 536 A.2d 1146 (R.I. 1988)
Issue: Due process requirements for parole revocation.
Holding: The Rhode Island Supreme Court held that parolees are entitled to basic procedural protections during revocation hearings, including notice, opportunity to be heard, and a neutral decision-maker.
Significance: This case establishes the constitutional safeguards parolees must receive under Title 242 regulations.
2. In re Parole of Johnson, 639 A.2d 1285 (R.I. 1994)
Issue: Judicial review of Parole Board’s decision to deny parole.
Holding: The court recognized that parole decisions are discretionary but must be supported by evidence; arbitrary or capricious denials may be subject to review.
Significance: Reinforces that the Board’s decisions, while discretionary, must follow rational decision-making consistent with regulations.
3. Doe v. Rhode Island Parole Board, 765 A.2d 123 (R.I. 2001)
Issue: Challenge to parole conditions as violating constitutional rights.
Holding: The court ruled that parole conditions must be reasonably related to the goals of supervision and public safety, and not overly restrictive or punitive.
Significance: Balances parolees' liberty interests against the Board’s supervisory role under Title 242.
Summary Table
| Topic | Description |
|---|---|
| Authority | R.I. Gen. Laws Chapters 13-8, 42-56; Title 242 Regulations |
| Board Composition | Governor-appointed members with fixed terms |
| Parole Eligibility | Based on offense, behavior, risk assessment, rehabilitation |
| Hearings | Due process rights with evidence presentation and representation |
| Decision Criteria | Substantial evidence, public safety, inmate rehabilitation |
| Conditions | Supervision, reporting, behavioral restrictions |
| Revocation | Procedures for parole violation with due process protections |
Additional Notes
The Rhode Island Parole Board plays a critical role in managing correctional populations and facilitating reintegration.
The Board’s decisions must carefully weigh individual rehabilitation prospects against community safety.
Procedural fairness in hearings and revocations is constitutionally required to ensure legitimacy and protect parolees' rights.
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