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1996 Rhode Island Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagri0016 and id is 1 raw text is: ftatr of kbr 3sliub nub Trobibrurr flatutions DEPARTMENT OF ATTORNEY GENERAL 150 South Main Street, Providence, RI 02903 (401) 274-4400 Jeffrey B. Pine, Atorney General April 22, 1996 Official Opinion No. 96-01 George A. Vose, Jr., Esq. Director Department of Corrections 40 Howard Avenue Cranston, Rhode Island 02920 Dear Director Vose: You have requested an advisory opinion concerning the applicability of awaiting-trial time under R.I. Gen. Laws § 12-19-2 to the computation of statutory good time pursuant to R.I. Gen. Laws § 42-56-24. You seek advice concerning the computation of good time credits where an awaiting-trial inmate commits a disciplinary infraction prior to sentencing, and is later sentenced to serve time in prison. Your letter indicates that where an inmate awaiting trial is subsequently sentenced, the administration, pursuant to § 42-56-24(a), automatically awards good time credit for the period of time in which the inmate was awaiting trial (the period referred to in § 12-19-2). You state, however, that if such an awaiting-trial inmate commits a disciplinary infraction and suffers punitive segregation or loss of privileges, the inmate does not incur removal of good time credits, as provided for in § 42-56-24(c). You question whether, in awarding good time credits under 5 42-56-24, you may withhold/deduct such credits for infractions committed while awaiting trial, as set forth in § 42-56-24(c). In my view, if an inmate benefits from the application of § 42-56-24 with respect to time served while awaiting trial, then all of the provisions of § 42-56-24 must be applied to the pre-sentencing time served. In other words, if good time credits are awarded pursuant to § 45-56-24(a), then such credits are subject to the deductions set forth in § 45-56-24(c). TDD-453-04 10

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