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HB 5362

AN ACT RELATED TO CRIMINAL PROCEDURE -- SENTENCING RECONSIDERATION ACT

2025 Regular Session Introduced by Justine Caldwell and 9 co-sponsors

Allows incarcerated individuals with at least 10 years to petition for sentence reductions based on rehabilitation, legal changes, or disparities, with a court hearing and possible

04/03/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5362

Summary — HB 5362: Sentencing Reconsideration Act (Rhode Island, 2025)

Status: Introduced Feb 7, 2025; referred to House Judiciary. Committee recommended hold for further study (04/03/2025). Companion: SB 2681. Introduced by Representatives Casimiro, Spears, Felix, Morales, Cruz, J. Lombardi, Place, McEntee, Caldwell, and Craven.

Purpose

Establishes a statutory process allowing incarcerated people to request judicial reconsideration of their sentences when rehabilitation, changes in law, sentencing disparities, or other compelling factors warrant reduction. The Act recognizes post‑sentencing change and provides standards and procedures for review.

Who is eligible / excluded

  • Eligible: Individuals who have served at least 10 years of their incarceration sentence.
  • Excluded: Persons serving life without parole and those subject to mandatory minimum sentences.

Key provisions

  • New chapter added to Title 12 (Criminal Procedure) creating the Sentencing Reconsideration Act (12‑19.4‑1 et seq.).
  • Grounds courts may consider: documented rehabilitation (education, treatment, vocational training), testimonials, efforts addressing underlying causes (substance use, mental health), relevant changes in federal or state law, sentencing disparities among codefendants, and compassionate factors (age, health).
  • Procedure:
    • Defendant or counsel files a motion with supporting documentation.
    • Court must hold a meaningful hearing where parties and witnesses may present evidence.
    • Indigent applicants are entitled to court‑appointed counsel and, as deemed appropriate by the court, stenographic/printing and other necessary costs.
    • Court evaluates eligibility, grounds, victim impact, nature of offense, and public safety risk.
  • Standard for relief: Court may reduce a sentence only if it finds grounds by clear and convincing evidence.
  • Remedies: Court may impose a reduced sentence, including probation or a suspended sentence; revised term cannot exceed the unserved portion of the original sentence. Court must state findings and enter judgment reflecting revised disposition.
  • Limit on successive motions: If denied, the defendant may not file another motion for at least 5 years.
  • Appeals: Aggrieved party may seek review by writ of certiorari under Supreme Court rules within 60 days.
  • Victim rights: Notice and opportunity to address the court (in person or in writing); Department of Attorney General must notify victims of disposition.
  • Severability clause included.
  • Amendment to §8‑2‑17: Superior Court jurisdiction explicitly covers motions under new chapter.

Retroactivity / Effective date

Takes effect upon passage and applies both retroactively and prospectively — sentences imposed before or after enactment are eligible.

Potential impacts

  • Provides a formalized avenue for long‑term incarcerated persons to seek reductions based on rehabilitation or legal change, increasing judicial discretion in release decisions.
  • Could affect prison populations, parole/supervision caseloads, prosecutorial and victim notification processes, and workload in Superior Court.
  • Excludes those with life without parole and mandatory sentences, preserving those mandatory outcomes.

Compiled from official sources — confirm details with the bill’s official record.

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