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1 Supreme Court No. 2020-103-M.P. In re: Request for Prison Census Control : In Response to COVID-19 O R D E R Before this Court is an Emergency Petition for Issuance of an Extraordinary Writ (Petition), which was filed by the Rhode Island Public Defender (Public Defender) on March 30, 2020. The Public Defender petitions this Court for a writ ordering the Superior Court and the District Court to reduce the sentences of those inmates at the Adult Correctional Institutions (A.C.I.) whose sentences are due to expire within ninety (90) days to time served. The Public Defender contends that such relief is necessary to alleviate the serious health risks posed to inmates, Department of Corrections (DOC) employees, and the general public by the outbreak of the novel coronavirus, COVID-19. Both the Rhode Island Office of the Attorney General (Attorney General) and the DOC filed responses to the Petition. On April 1, 2020, the Public Defender, Attorney General, and the DOC submitted a joint stipulation (Stipulation), in which seventy-six (76) inmates were identified as being appropriate for immediate release from the A.C.I., provided that such release is in accordance with a discharge plan that provides for release into a stable setting where the individual will be able to quarantine for fourteen (14) days pursuant to Department of Health (DOH) guidelines. A copy of the Stipulation is attached hereto. On April 3, 2020, the Public Defender, Attorney General, and the DOC submitted a supplemental stipulation (Supplemental Stipulation), in which fifty-two (52) inmates were identified as being appropriate for immediate release from the A.C.I., subject to the terms of the

Supreme Court - Rhode Island re Request for Prison Census Control (Order).pdf40 Howard Avenue Cranston, RI 02920 (401) 462-2546 . ATTACHMENT A . Rhode Island Department of Health $09

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Page 1: Supreme Court - Rhode Island re Request for Prison Census Control (Order).pdf40 Howard Avenue Cranston, RI 02920 (401) 462-2546 . ATTACHMENT A . Rhode Island Department of Health $09

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Supreme Court No. 2020-103-M.P.

In re: Request for Prison Census Control : In Response to COVID-19

O R D E R

Before this Court is an Emergency Petition for Issuance of an Extraordinary Writ (Petition),

which was filed by the Rhode Island Public Defender (Public Defender) on March 30, 2020. The

Public Defender petitions this Court for a writ ordering the Superior Court and the District Court

to reduce the sentences of those inmates at the Adult Correctional Institutions (A.C.I.) whose

sentences are due to expire within ninety (90) days to time served. The Public Defender contends

that such relief is necessary to alleviate the serious health risks posed to inmates, Department of

Corrections (DOC) employees, and the general public by the outbreak of the novel coronavirus,

COVID-19. Both the Rhode Island Office of the Attorney General (Attorney General) and the

DOC filed responses to the Petition.

On April 1, 2020, the Public Defender, Attorney General, and the DOC submitted a joint

stipulation (Stipulation), in which seventy-six (76) inmates were identified as being appropriate

for immediate release from the A.C.I., provided that such release is in accordance with a discharge

plan that provides for release into a stable setting where the individual will be able to quarantine

for fourteen (14) days pursuant to Department of Health (DOH) guidelines. A copy of the

Stipulation is attached hereto.

On April 3, 2020, the Public Defender, Attorney General, and the DOC submitted a

supplemental stipulation (Supplemental Stipulation), in which fifty-two (52) inmates were

identified as being appropriate for immediate release from the A.C.I., subject to the terms of the

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Stipulation plus the additional term that no inmate shall be released from the A.C.I. unless and

until any other holds relating to that inmate, arising out of cases other than the cases identified in

the attachment to the Supplemental Stipulation, are resolved. The parties stipulated that the list of

inmates attached to the Supplemental Stipulation supersedes and replaces the previous list attached

to the Stipulation. A copy of the Supplemental Stipulation is attached hereto.

The full Court having considered the Petition, the responses thereto, the Stipulation, and

the Supplemental Stipulation, the following is ordered:

For those fifty-two (52) inmates listed in Attachment C to the Supplemental Stipulation,

the Superior and District Courts shall be authorized and are hereby directed to enter orders (either

individually or in the form of an omnibus order) reducing the sentences of the named defendants

whose convictions emanated from their respective courts and providing for the inmates’ immediate

release subject to the conditions agreed upon by the parties in the Stipulation and Supplemental

Stipulation. For the limited purpose of this Order, the time limits imposed by Rule 35 of the

Superior and District Court Rules of Criminal Procedure for motions to reduce sentence shall be

waived. The Superior and District Courts shall be satisfied that the early release plan implemented

by the DOC, in accordance with the terms agreed to by the parties in the Stipulation and

Supplemental Stipulation, has been met. Should the Public Defender, Attorney General, and DOC

hereafter identify additional inmates who may be appropriate for early release in accordance with

the terms of the Stipulation and Supplemental Stipulation, and whose release date is within ninety

(90) days of the date of this Order, the Superior and District Courts are directed to enter additional

orders that comply with the terms of this Order and any future orders of this Court.

With respect to any A.C.I. inmate, subject to the restrictions set forth below, whose

sentence is due to expire within ninety (90) days of the date of this Order, for which the Public

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Defender, Attorney General, and DOC have not stipulated to the early release of, the following is

ordered:

The Superior and District Courts are directed to establish expedited emergency calendars

to be presided over by a single judicial officer in each court who shall consider motions to reduce

sentence in accordance with the criteria identified below, and in the Stipulation and Supplemental

Stipulation. For the limited purpose of this Order, the time limits imposed by Rule 35 of the

Superior and District Court Rules of Criminal Procedure for motions to reduce sentence shall be

waived. All movants, subject to his or her written consent, shall be represented by the Public

Defender. All resulting orders issued by the Superior and District Courts shall provide that the

early release plan shall be implemented by the DOC in accordance with the terms agreed to by the

parties in the Stipulation and Supplemental Stipulation. All such orders are final.

If an inmate whose sentence is due to expire within ninety (90) days of the date of this

Order meets any of the following criteria, he or she is not eligible to seek early release: (1) the

inmate is incarcerated for a domestic violence offense; (2) the inmate cannot establish to the

satisfaction of the DOC that he or she is not a risk to public safety; (3) the inmate is presently

subject to a no contact order involving a named person, or is incarcerated for having violated a no

contact order involving another person; (4) the inmate cannot establish to the satisfaction of the

DOC that he or she will be released to a stable setting; (5) the inmate has not agreed to quarantine

for fourteen (14) days following his or her release, monitor themselves for COVID-19, and submit

to public health monitoring by the State; (6) the inmate has tested positive for COVID-19; (7) the

inmate has manifested symptoms of COVID-19 and has not been cleared by DOC medical staff;

or (8) the inmate cannot otherwise satisfy any criteria for early release set by the DOC medical

staff and DOH.

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Entered as an Order of this Court this 3rd day of April 2020. By Order,

________/s/_____________________ Clerk

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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONSSUPREME COURT

IN RE: REQUEST FOR PRISON CENSUS .

CONTROL IN RESPONSE TO COVID-l9 : SU-2020-0103—M.P.

STIPULATION

This matter is before the Court pursuant to the Emergency Petition For Issuance Of

Extraordinary Writ that the Rhode Island Public Defender (“Public Defender”) filed 0n March 30,

2020, and on Which the Court held a conference 0n April 1.

Background

On March 9, 2020, the Governor declared a state of emergency due t0 the dangers t0 health

and life posed by the spread 0f the novel coronavirus, also referred t0 as COVID-19. Since that

time, COVID-19 has continued t0 spread throughout Rhode Island with rising hospitalizations and

fatalities.

In the opinion 0f the Director 0f the Department 0f Health, Dr. Nicole Alexander-Scott,

the early release 0f prisoners currently housed at the Adult Correctional Institutions (AC1) is

necessary and appropriate t0 prevent overcrowding and t0 continue to ensure the social distancing

measures necessary to prevent the spread 0f COVID-19, provided that these individuals are

released into a stable setting where they will be able to quarantine for a full 14-day period. (See

Memo 0f Director Nicole Alexander-Scott, dated April 1, 2020, attached here as Attachment A).

The Department of Corrections has also represented that, in its judgment, further reduction

in the inmate census is necessary to mitigate the risk 0f spread of COVID-19 within the AC1 and

infection 0f inmates and staff. In the opinion 0fDr. Jennifer Clarke, the Medical Program Director

at the ACI, “the fewer inmates the AC1 maintains, in a congregate living environment, the safer

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the inmates are from a COVID-19 outbreak within the secured facilities,” and “the fewer inmates incarcerated will strengthen DOC’s ability to keep the virus out of the secured facilities and contain it if an inmate becomes infected.” (See Declaration of Dr. Clarke dated March 31, 2020, attached here as Attachment B). At the same time, the Parties are cognizant that the risk to the health of inmates, correctional officers, and staff at the ACI must be weighed against the risk to public safety. The Rhode Island Public Defender has petitioned the Court for the early release of all inmates scheduled to be released from the ACI within the next 90 days. That list includes approximately 200 individuals, not counting those individuals scheduled to be released this week. The Attorney General, as stated previously, does not object to the release of certain nonviolent offenders and certain drug offenders provided that the Department of Corrections can comply with the directives of the Department of Health. However, the Attorney General objects to the early release of inmates incarcerated for violent offenses (including, but not limited to, murder, manslaughter, felony assault, simple assault, and domestic violence offenses), weapons offenses, breaking and entering offenses, drug distribution offenses, and certain other offenses including violations of no contact orders and reckless driving/DUI offenses which it deems pose an unreasonable risk to the public. The parties will continue to review the list of inmates who are scheduled to complete their sentences in the next ninety days and will advise the Court on or before April 3 as to whether they are able to stipulate to the eligibility for early release of any other inmates. The Parties understand that the Court may order further proceedings to address the early release of individuals for whom the Parties have not reached an agreement.

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Stipulated-to Early Release

Consistent With the recommendations 0f both the Rhode Island Department 0f Health and

the Rhode Island Department of Corrections, the Public Defender, the Office of the Attorney

General, and the Department 0f Corrections stipulate and agree t0 the following:

1. Each of the 76 inmates identified 0n the list attached as Attachment C should be

eligible to have the time-to—serve component of the sentence that he or she is currently

serving at the AC1 reduced to “time served” and for immediate release from the ACI

provided that such release is conducted pursuant t0 a discharge plan that provides for their

release into a “stable setting Where they will be able t0 quarantine for a full 14 day period”

consistent with Department 0f Health guidelines. See Attachment A.

2. N0 inmate shall have his 0r her sentence reduced 0r be released from the AC1

pursuant t0 this Order unless and until the inmate (a) establishes to the satisfaction of the

Department 0f Corrections that he or she will be released t0 a stable setting and (b) agrees

t0 quarantine for fourteen (14) days following his or her release, monitor themselves for

symptoms 0f COVID-19, and submit to public health monitoring by the state.

3. The Department 0f Correction may implement this early release plan over a period

0f ten days from the entry of any court order provided that n0 individual listed 0n

Attachment C may be held longer than his 0r her original sentence. The Department 0f

Corrections shall advise the Court, the Office 0f the Attorney General, and the Public

Defender Within five (5) days ofthe entry ofany court order of its progress in implementing

this early release program.

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Respectfully submitted, /s/ Adi Goldstein /s/ Matthew B. Toro /s/ Christopher Bush /s/ Lara E. Montecalvo ___________________________ ___________________________ Adi Goldstein (#6701) Matthew B. Toro (#5736) Christopher R. Bush (#5411) Lara E. Montecalvo (#6274) Office of the Attorney General Rhode Island Public Defender 150 South Main Street 160 Pine Street Providence, RI 02903 Providence, RI 02903 (401) 274-4400 (401) 222-1511 /s/ Kathleen M. Kelly ___________________________ Kathleen M. Kelly (#5501) Executive Counsel Department of Corrections 40 Howard Avenue Cranston, RI 02920 (401) 462-2546

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ATTACHMENT A

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Rhode Island Department of Health

$09E l

$444, Three Capitol Hmq. o Providence, RI 02908—5097

g L a .www.health.ri.gov

v; 1 *- avb e7$41 «2v

8N T 0§

Memo

T0: Adi Goldstein

Deputy Attorney General

From: Nicole Alexander—Scott, MD,'MPHf

{\"W

Direc'tor

Date: April 1, 2020

Subject: Early Release

In order t0 prevent overcrowding and t0 continue t0 ensure the

social distancifig measures necessary t0 prevent the spread of COVID-19, the Rhode Island Department 0f Health suppofis the release 0f

prisoners currently housed at the Adult Correctional Institutions

provided that any individuals must be released into a stable setting

where they will be able t0 quarantine for a full 14 day period. While

under quarantine any individuals released fiom the ACI will be required

t0 monitor for symptoms and be subject to public health monitoring bythe state.

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ATTACHMENT B

Page 12: Supreme Court - Rhode Island re Request for Prison Census Control (Order).pdf40 Howard Avenue Cranston, RI 02920 (401) 462-2546 . ATTACHMENT A . Rhode Island Department of Health $09

STATE OF RHODE ISLAND and PROVIDENCE PLANTATIONS

PROVIDENCE, SC. . SUPREME COURT

IN RE: REQUEST FOR PRISON CENSUS CONTROL :

I

SU-2020-103—MP‘

IN RESPONSE TO COVID—19

RHODE ISLAND DEPARTMENT 0F CORRECTIONS RESPONSE TO PUBLICDEFENDER’S EMERGENCY PETITION FOR ISSUANCE OF EXTRAORDINARYWRIT AND REQUEST FOR TELEPHONE CONFERENCE WITH DUTY JUSTICE

Now comes the Rhode Isiand Department 0f Corrections (“RIDOC”), and pursuant t0 the

Rhode Island Supreme Court’s order to respond to the Rhode Island Public Defender’s'Emergency

Petition for Issuanée of Extraordinary Writ, the Department of Correctiéns hereby submits the

following:

The COVID-19 virus is a new disease and there is limited information regarding risk

factors for severe illness resulting from contraction of the disease. Since the inception of this

extraordinary public health crisis the Department has sought numerous ways to mitigate the

population census in anticipation of widespread infection within the facilities of the Adult

Correctional InstitLitions. These efforts include, but are not limited to, encouraging the courts to

increase utilization 0fhome confinement for bail and short sentences, coordinating With the courts

to substantially increase the use 0f Video court and Video conferencing t0 reduce the number 0f

individuals entering and exiting the facilities, providing the Public Defender with a list of awaiting

trial inmates held 0n 10W bail amounts for their filing of motions t0 reduce bail, and reviewing

inmates for restoration of lost good time where appropriate in an effort to accelerate release

dates. While pursuing these initiatives the Department has remained cognizant of the limits ofthe

Page 13: Supreme Court - Rhode Island re Request for Prison Census Control (Order).pdf40 Howard Avenue Cranston, RI 02920 (401) 462-2546 . ATTACHMENT A . Rhode Island Department of Health $09

o Many conditions can cause a person to be immunocompromised, including cancer

treatment, smoking, bone marrow or organ transplantation, immune deficiencies,

poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other

immune weakening medications. See https://www.cdc.gov/coronavirus/2019-

ncov/specific-groups/people-at-higher—risk.html.”

7. Many of the inmates incarcerated at the AC1 are in one or more at—risk category which

means their mortality rate is elevated if they do become infected,

8. In my opinion, from a public health perspective, the fewer inmates the ACI maintains, in a

congregate living environment, the safer the inmates are from a COVID-19 outbreak within the

secured facilities.

9.'

In my opinion, fewer inmates incarcerated will strengthen DOC’s ability to keep the virus

out of the secured facilities and contain it if an inmate becomes infected.Mm1E IVER CLARKE M D.

STATE OF RHODEISLANDCOUNTY OF PROVIDENCE

Then personally appeared before me 0n this 5i day ofHWPLL , 2020, the above—named

Jennifer Clarke, M.D. Who acknowledged the foregoing statement to be true, t0 the best ofher

knowledge and belief.

Notary Public fix“Commission Expires?No

0k[000]”!RHOD

/”’mmmnmmw\““

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ATTACHMENT C

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ID# Last Name First Name Case Charge Description Good Time Date

139037 SCHREFFLER CHRISTOPHER K2200164A POSS CRACK 4/13/2020

137168 MERCER JAMES N2170217A POSS CONTROLLED SUBSTANCE/SCH I—V 4/13/2020

138325 MCGAW ZACHARY 212000215 SHOPLIFTING 4/14/2020

525541 BARLOG EDWARD 612001903 VAN DALISM 4/14/2020

567891 SHERMAN RICHARD 411900327 SHOPLIFTING 4/14/2020

156669 PENA BRYAN P2180739A RECEIVE STOLEN GOODS OVER $500 4/14/2020

93596 MARKS JOHN P2200106A POSS CONTROLLED SUBSTANCE/SCH I—V 4/16/2020

559140 WASHINGTON ROBERT 311911246 RECEIVE STOLEN GOODS OVER $500 4/16/2020

139252 BALDAYAC JOSUE 612002569 OBSTRUCT POLICE OFFICER 4/17/2020

122665 TAYLOR LEMUEL 611911338 SHOPLIFTING 4/18/2020

500355 CARRION JOSE 612000115 RESISTING ARREST 4/18/2020

563470 BLAIS STEVEN 311910468 SHOPLIFTING 4/19/2020

99994 REFINO ROBERT 612001460 SHOPLIFTING 4/19/2020

160939 TELEMIN DE JESUS ALEXI P2193300A MAINTAIN COMMON NUISANCE 4/19/2020

153091 REGIMBAL CASEY 311902243 FALSE 911 CALL 4/20/2020

159990 STORTI CHRISTOPHER 311904342 SHOPLIFTING 4/20/2020

155943 JONES SHYHIEM 212000214 OBTAIN PRESCRIPTION FALSE PRET. 4/20/2020

63880 TABISHESKY JOSEPH 311908494 TRESPASS ON PRIVATE PROPERTY 4/21/2020

152504 MORGAN ALEXANDER P2192677AD RESISTING ARREST 4/21/2020

124386 GADSON DARRYL P2193848A POSS CONTROLLED SUBSTANCE/SCH I—V 4/24/2020

537208 WILCOX RODNEY P2143512A POSS CONTROLLED SUBSTANCE/SCH I-V 4/26/2020

140848 GOODRICH JOSEPH P2163457AG POSS CONTROLLED SUBSTANCE/SCH I—V 4/27/2020

158957 MESSER PAUL P2196085A POSS CONTROLLED SUBSTANCE/SCH I—V 4/28/2020

560490 STEWART ERIC 311809302 FRAUD USE OF CREDIT CARDS UNDER $100 4/28/2020

74652 SCHREFFLER CHRISTOPHER P2112160A POSS CONTROLLED SUBSTANCE/SCH I—V 4/29/2020

553331 ARTEGA AKEENE 311812029 OBSTRUCT POLICE OFFICER 4/29/2020

525961 OROSCO MARY P2190356A POSS CONTROLLED SUBSTANCE/SCH I-V 5/1/2020

64963 JONES DAYMON 311904208 FORGE & COUNTERFEIT 5/2/2020

88890 ALGARIN ALBERT 612001907 TAMPER W/MOTOR VEHICLE 5/2/2020

159485 TEJEDA DAYANNA 611912766 SHOPLIFTING 5/2/2020

63751 NEALY ROBERT 612002655 LARCENY UNDER $1,500 5/3/2020

555171 OTIS CALIN 311903220 SHOPLIFTING 5/3/2020

159678 LACHAPELLE AMANDA 311902388 SHOPLIFTING 5/4/2020

147439 DEMELLO KYLE 211902349 LARCENY UNDER $1,500 5/5/2020

543981 NYSTROM TRISHA K2150442A FELONY SHOPLIFTING 5/6/2020

93178 HAZARD PETER 611911025 DISORDERLY CONDUCT 5/7/2020

563454 DETHSOUVANH RICKIE P2191525A POSS CONTROLLED SUBSTANCE/SCH I—V 5/9/2020

129742 VELEZ RANDY 311909460 POSS MARIJUANA 5/11/2020

138093 LEWIS JASON K2190806A POSS CONTROLLED SUBSTANCE/SCH I-V 5/12/2020

72509 MORRIS SCOTT 312000787 SHOPLIFTING 5/12/2020

82260 CORDEIRO JOHN P2200396A SHOPLIFTING 5/12/2020

153662 ROBERTS NATU 611905839 SHOPLIFTING 5/13/2020

90555 HOWARD RAMONDO 211900845 SHOPLIFTING 5/13/2020

93422 KNOWLES ERIC 611907291 OBSTRUCT POLICE OFFICER 5/14/2020

105535 HEGGS JOHN 612001885 LARCENY UNDER $500 5/14/2020

145864 TORRES ROBERTO P2190508A VAN DALISM 5/14/2020

157500 IASIMONE DONALD 311904470 CONSPIRACY 5/15/2020

538169 KIDD CHRISTOPHER 312001590 LARCENY UNDER $500 5/15/2020

564049 WINDSOR ARTIS 612001906 LARCENY UNDER $1,500 5/17/2020

147644 GORE RISHOD 611912756 )RIVING AFTER DENIAL REVOCATION OR SUSPr 5/17/2020

113144 CAMPOS DANIEL P2194024A FELONY SHOPLIFTING 5/19/2020

84455 FERRIS SHAWN P2201135A FELONY SHOPLIFTING 5/21/2020

113588 DIPANNI TROY K2140755A FELONY SHOPLIFTING 5/23/2020

122543 DEJESUS PEDRO 612002980 SHOPLIFTING 5/24/2020

69670 HAZARD WILLIAM K2190639A LARCENY OVER $1,500 5/25/2020

130040 MORALES LEONARDO P2163131A POSS CONTROLLED SUBS INT/DELIVER 5/28/2020

134037 OLSEN JOSHUA 311909950 TRESPASS ON PRIVATE PROPERTY 5/28/2020

141912 PAGLIA ANTHONY P2192680AD VAN DALISM 5/29/2020

152224 ADAMES JONATHAN 212000471 RECEIVE STOLEN GOODS UNDER $500 6/1/2020

155581 LIVERPOOL ANTON 611911164 DISORDERLY CONDUCT 6/1/2020

566527 DOSSANTOS MICHAEL 611909402 DRIVING WITH SUSPENDED LICENSE 6/1/2020

156499 DAIGLE NATHAN 312001787 OBSTRUCT POLICE OFFICER 6/1/2020

115510 WITHROW WENDI K2150685A POSS CONTROLLED SUBSTANCE/SCH I-V 6/3/2020

536960 ENGLISH EDWIN P2201023A FELONY SHOPLIFTING 6/5/2020

144186 GELINAS ANDREW 312000558 DISORDERLY CONDUCT 6/5/2020

160560 WEST AMANDA W2200123A POSS CONTROLLED SUBSTANCE/SCH I-V 6/6/2020

152404 CHMIEL ALISHA P2170863A POSS CONTROLLED SUBSTANCE/SCH I—V 6/7/2020

60290 JACQU ES ALBERT 311911926 SHOPLIFTING 6/7/2020

110071 GARNETTO WILLIAM 611908941 LARCENY UNDER $1,500 6/11/2020

558362 MCPARLIN DANIEL P2180115A POSS CONTROLLED SUBSTANCE/SCH I—V 6/16/2020

146866 ALMSTROM JESSE W2170068A LARCENY OVER $1,500 6/18/2020

561001 OTERO JOSHUA 611912069 RESISTING ARREST 6/21/2020

133786 DUNLOP MICHELE 212000085 LARCENY UNDER $1,500 6/23/2020

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97422 DASILVA DANIEL K2190372A LARCENY OVER $1,500 6/24/2020

120649 POLION KENNETH P2180733A CONSPIRACY 7/1/2020

159447 GONSALVES MICHELLE N2170145A LARCENY OVER $1,500 7/4/2020

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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPREME COURT

IN RE: REQUEST FOR PRISON CENSUS : CONTROL IN RESPONSE TO COVID-19 : SU-2020-0103-M.P.

SUPPLEMENTAL STIPULATION On April 1, 2020, the Rhode Island Public Defender (“Public Defender”), the Office of the Attorney General (“Attorney General”), and the Department of Corrections (“DOC”) filed a stipulation that identified seventy-six inmates that the parties agreed should be eligible to have the time-to-serve component of the sentence that he or she is currently serving at the Adult Correctional Institutions (“A.C.I.”) reduced to “time served” and for immediate release from the A.C.I. for the reasons and pursuant to the terms and conditions identified in that stipulation. The parties submit this supplemental stipulation for two reasons. First, the Public Defender, Attorney General, and D.O.C. stipulate and agree that no inmate listed in Attachment C shall be released from the A.C.I. unless and until any other holds relating to that inmate, arising out of cases other than the cases identified on Attachment C, are resolved. Second, the parties have continued to review the list of inmates who are scheduled to complete their sentences in the next ninety days. Based on that review, and for the reasons identified in the April 1 stipulation, the Public Defender, Attorney General, and D.O.C. stipulate and agree that the attached list supersedes and replaces the previous list provided to the Court. This list does not reflect individuals who (1) have already been released by D.O.C. based on their good time discharge date, (2) are not eligible for release due to other holds, and (3) includes four additional individuals for whom the parties have reached agreement. The 52 inmates identified

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2

on the list attached as Attachment C should be eligible to have the “time-to-serve” component of their sentences reduced to “time served” on the listed matters and for immediate release provided that the conditions identified here and in the April 1 stipulation, which are incorporated in full herein, are satisfied. The parties understand that the Court may order further proceedings to address the early release of individuals with good time release dates between April 6, 2020, and July 6, 2020, that were on the list that the D.O.C. circulated on April 1, 2020, entitled “New 90 Day List 040120 No Consecutive Sentences.xlsx” for whom the parties have not reached an agreement. Respectfully submitted, /s/ Adi Goldstein /s/ Matthew B. Toro /s/ Christopher Bush /s/ Lara E. Montecalvo ___________________________ ___________________________ Adi Goldstein (#6701) Matthew B. Toro (#5736) Christopher R. Bush (#5411) Lara E. Montecalvo (#6274) Office of the Attorney General Rhode Island Public Defender 150 South Main Street 160 Pine Street Providence, RI 02903 Providence, RI 02903 (401) 274-4400 (401) 222-1511 /s/ Kathleen M. Kelly ___________________________ Kathleen M. Kelly (#5501) Executive Counsel Department of Corrections 40 Howard Avenue Cranston, RI 02920 (401) 462-2546

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ATTACHMENT C

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Good TimeID# Last Name First Name Case Charge Description

Date

141303 RODRIGUES DANNY 611905127 RECEIVE STOLEN GOODS OVER $500 4/6/2020

93596 MARKS JOHN P2200106A POSS CONTROLLED SUBSTANCE/SCH l-V 4/6/2020

99994 REFINO ROBERT 612001460 SHOPLIFTING 4/9/2020

160939 TELEMIN DE JESUS ALEXI P2193300A MAINTAIN COMMON NUISANCE 4/9/2020

547965 RAMOS CARLOS 612002945 FRAUD USE OF CREDIT CARDS UNDER $100 4/9/2020

153091 REGIMBAL CASEY 311902243 FALSE 911 CALL 4/10/2020

155943 JONES SHYHIEM 212000214 OBTAIN PRESCRIPTION FALSE PRET. 4/10/2020

114241 COLEMAN RICKY 612002997 LARCENY UNDER $1,500 4/11/2020

138325 MCGAW ZACHARY 212000215 SHOPLIFTING 4/14/2020

124386 GADSON DARRYL P2193848A POSS CONTROLLED SUBSTANCE/SCH l-V 4/14/2020

139252 BALDAYAC JOSUE 612002569 OBSTRUCT POLICE OFFICER 4/17/2020

140848 GOODRICH JOSEPH P2163457AG POSS CONTROLLED SUBSTANCE/SCH l-V 4/17/2020

122665 TAYLOR LEMUEL 611911338 SHOPLIFTING 4/18/2020

500355 CARRION JOSE 612000115 RESISTING ARREST 4/18/2020

158957 MESSER PAUL P2196085A POSS CONTROLLED SUBSTANCE/SCH l-V 4/18/2020

563470 BLAIS STEVEN 311910468 SHOPLIFTING 4/19/2020

525961 OROSCO MARY P2190356A POSS CONTROLLED SUBSTANCE/SCH l-V 4/21/2020

88890 ALGARIN ALBERT 612001907 TAMPER W/MOTOR VEHICLE 4/22/2020

159678 LACHAPELLE AMANDA 311902388 SHOPLIFTING 4/24/2020

543981 NYSTROM TRISHA K2150442A FELONY SHOPLIFTING 4/26/2020

93178 HAZARD PETER 611911025 DISORDERLY CONDUCT 4/27/2020

74652 SCHREFFLER CHRISTOPHER P211216OA POSS CONTROLLED SUBSTANCE/SCH l-V 4/29/2020

72509 MORRIS SCOTT 312000787 SHOPLIFTING 5/2/2020

82260 CORDEIRO JOHN P2200396A SHOPLIFTING 5/2/2020

138093 LEWIS JASON K2190806A POSS CONTROLLED SUBSTANCE/SCH l-V 5/2/2020

63751 NEALY ROBERT 612002655 LARCENY UNDER $1,500 5/3/2020

90555 HOWARD RAMONDO 211900845 SHOPLIFTING 5/3/2020

93422 KNOWLES ERIC 611907291 OBSTRUCT POLICE OFFICER 5/4/2020

105535 HEGGS JOHN 612001885 LARCENY UNDER $500 5/4/2020

145864 TORRES ROBERTO P2190508A VANDALISM 5/4/2020

147439 DEMELLO KYLE 211902349 LARCENY UNDER $1,500 5/5/2020

147644 GORE RISHOD 611912756 )RIVING AFTER DENIAL REVOCATION OR SUSPr 5/7/2020

564049 WINDSOR ARTIS 612001906 LARCENY UNDER $1,500 5/7/2020

113144 CAMPOS DANIEL P2194024A FELONY SHOPLIFTING 5/9/2020

69670 HAZARD WILLIAM K2190639A LARCENY OVER $1,500 5/15/2020

157500 IASIMONE DONALD 311904470 CONSPIRACY 5/15/2020

538169 KIDD CHRISTOPHER 312001590 LARCENY UNDER $500 5/15/2020

134037 OLSEN JOSHUA 311909950 TRESPASS ON PRIVATE PROPERTY 5/18/2020

156499 DAIGLE NATHAN 312001787 OBSTRUCT POLICE OFFICER 5/22/2020

115510 WITHROW WENDI K2150685A POSS CONTROLLED SUBSTANCE/SCH l-V 5/24/2020

144186 GELINAS ANDREW 312000558 DISORDERLY CONDUCT 5/26/2020

536960 ENGLISH EDWIN P2201023A FELONY SHOPLIFTING 5/26/2020

60290 JACQU ES ALBERT 311911926 SHOPLIFTING 5/28/2020

152404 CHMIEL ALISHA P2170863A POSS CONTROLLED SUBSTANCE/SCH l-V 5/28/2020

152224 ADAMES JONATHAN 212000471 RECEIVE STOLEN GOODS UNDER $500 6/1/2020

160560 WEST AMANDA W2200123A POSS CONTROLLED SUBSTANCE/SCH l-V 6/6/2020

558362 MCPARLIN DANIEL P2180115A POSS CONTROLLED SUBSTANCE/SCH l-V 6/6/2020

146866 ALMSTROM JESSE W2170068A LARCENY OVER $1,500 6/8/2020

133786 DUNLOP MICHELE 212000085 LARCENY UNDER $1,500 6/13/2020

97422 DASILVA DANIEL K2190372A LARCENY OVER $1,500 6/14/2020

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159447 GONSALVES MICHELLE N2170145A LARCENY OVER $1,500 6/24/2020

120649 POLION KENNETH P2180733A CONSPIRACY 7/1/2020