244 R.I. Code R. 244-RICR-00-00-2.8

Current through December 3, 2024

Section 244-RICR-00-00-2.8 - Special Issues

2.8.1Split Program Completion

A. Circumstances may arise in which an individual seeks to fulfill a court mandate for batterers intervention through attending group sessions in different venues -that is, being credited for some portion of the required attendance in one jurisdiction, location or program and some portion in another jurisdiction, location or program.

1. Split program crediting shall be permissible under the following circumstances:

a. Completion of the mandate at the program attended initially is not possible.

b. Both the sending and receiving program providers have been certified in Rhode Island (or certified in the sending jurisdiction, if applicable);

c. The referring agency approves of and agrees to the transfer between certified in-state community-based programs, if applicable; and

d. The sending programs shall provide all appropriate information about offense, attendance, participation, topics covered, legal status, and other information needed to the referral source to ensure a smooth transition.

2. Split program crediting shall ordinarily not be permissible under the following circumstances:

a. Transfer has been completed unilaterally by client without consultation with and approval of programs and referring agency;

b. Prior transfer within the same cycle of 40 credit hours has already occurred (except based on program closings); or

c. Client has started but not completed a community-based program at the time of being sentenced to incarceration (that is, short of a complete 40-hour program, sessions attended prior to incarceration may not be credited). [See Special Issues related to prison-based programs, § 2.8.2 of this Part below.]

2.8.2Transfers From Prison-Based Programs

A. Incarcerated offenders who are subject to a court mandate to complete a batterers intervention program, and who are afforded the opportunity to initiate attendance at such a program while incarcerated under sentence at the Rhode Island Department of Corrections Adult Correctional Institutions, may seek to transfer into a community-based program upon release and may request that their documented participation in such program be accepted in satisfaction of some portion of their obligation to attend forty (40) hours of a certified batterers intervention program, subject to the qualifications below.

B. The Batterers Intervention Program Standards Oversight Committee shall ensure that all provisions of the Comprehensive Standards, including the standards specific to transfers from prison-based batterers programs, shall be made available to the Department of Corrections. If requested by the Department of Corrections, the Oversight Committee shall be available to consult on the development, implementation, and/or certification of a prison-based batterers program. Nothing in these provisions shall be construed in any way as a requirement or expectation that the Department of Corrections provide batterers intervention or any other form of programming.

1. Attendance at a batterers intervention program by offenders while incarcerated is subject to:

a. The availability of such programming, as determined by the Department of Corrections;

b. Terms and conditions of any such programming, whether provided by Department of Corrections staff, contracted vendor(s), or volunteers; and/or

c. Policies and procedures as determined by the Department of Corrections.

2. A creditable prison-based program must be consistent with the principles and requirements of the Comprehensive Standards, within the following guidelines:

a. Facilitator qualifications and supervision requirements shall meet all requirements of the Comprehensive Standards;

b. The curriculum content and principles shall be consistent with the requirements of the Comprehensive Standards, except that any program elements not consistent with Department of Corrections requirements may be eliminated or modified;

c. The curriculum safety plan may be modified to assist in the transition from prison to community;

d. The client contract and rules may be modified to recognize the primacy of prison security and other policy requirements, to require full release of confidential information with staff within the prison and Probation and Parole, and to reflect the absence of program fee payment by offenders during the period of incarceration;

e. All other Comprehensive Standards shall be in full force and effect, except that any standards not consistent with Department of Corrections requirements may be eliminated or modified; and

f. Within the guidelines herein enumerated, the prison-based program shall be subject to the same certification procedures as community-based batterers intervention programs.

3. Transfers Upon Release. Offenders who have attended a prison-based batterers program that meets the qualifications above may seek to be credited for some portion of the 40 credit hours, and to transfer into a community-based batterers program, subject to the following criteria.

a. The supervising Probation and Parole Officer has verified attendance at the prison-based program, including the certification status of the program, the number of hours satisfactorily completed, and review of any available information from the provider regarding the nature of the offender's participation;

b. Referral to a suitable community-based certified batterers intervention program is made and/or approved by Probation and Parole;

c. The number of hours to be credited is to be determined by the referring Probation and Parole Officer in consultation with the receiving program and the sending program;

d. Credit is awarded at the maximum rate of fifty percent (50%) of the hours completed in the prison program, up to a maximum number of ten (10) hours credit for completion of twenty (20) hours or more. [Depending on the number of hours credited, no fewer than thirty (30) hours would need to be completed at the community-based program];

e. Repeat offenders who have previously been credited for batterers program attendance while incarcerated are subject to close scrutiny by the Probation and Parole Officer and the community program when determining credit hours, and additional limitations may apply;

f. No offender's obligation to attend a batterers intervention program could be completed while incarcerated, regardless of the number of hours attended while in prison or whether the offender has attended some number of hours of a community- based program prior to incarceration;

g. No credit toward the mandate to complete a batterers intervention program would be given for attendance at any other prison-based or community-based program, such as anger management, substance abuse treatment, or other counseling or therapy; and

h. Such provisions shall apply only to those offenders who are released from incarceration on or after the date these provisions become effective, pursuant to the requirements of R.I. Gen. Laws Chapter 42-35 (the Administrative Procedures Act) and other applicable regulations.

244 R.I. Code R. 244-RICR-00-00-2.8

Adopted effective 1/20/2019