Rhode Island Supreme Court Affirms Emerging Adult Sentencing Reform

The Sentencing Project and its partners have long worked to bring impactful sentencing reform to Rhode Island, including recent campaigns to establish a second look and life without the possibility of parole.

On July 2nd, a significant victory happened for an incarcerated member of our community, Mario Monteiro, who has now gained the right to a meaningful opportunity for parole. The Sentencing Project joined with the Juvenile Law Center, the Gault Center, the National Association for Criminal Defense Lawyers, and Prison Policy Initiative in an amicus brief in support of parole review at 20 years, as previously authorized by the legislature.

The Youthful Offender Act, passed in 2021, is colloquially referred to as “Mario’s Law.” This law states that “any person sentenced for any offense prior to his or her twenty-second birthday” is eligible for parole review after serving 20 years, except for those serving life without parole. Despite the clear language of the statute, the state contended that the statute does not apply to multiple, consecutive prison terms. Under this reasoning, Monteiro would serve at least another 15 years before parole review, despite the fact that he has been imprisoned since age 17 and had already served 20 years. The ACLU of Rhode Island argued that this would defeat that statute’s purpose and the Supreme Court agreed, sending Monteiro back to the parole board to be considered for release.

“Mario’s Law” was hard won! State representative Casimiro fought for five years to help Monteiro, and others like him, after meeting him during a legislative prison visit. Through our work in Rhode Island we have gotten to know Monteiro, and have seen that he exemplifies the characteristics of rehabilitation, responsibility, and redemption. He and others like him deserve a thoughtful and thorough review by the parole board to be considered for release. Without this ruling in Mario’s favor, that opportunity would have evaporated.

The Sentencing Project applauds the decision of the Supreme Court, and thanks the ACLU of Rhode Island for its persistence in the pursuit of justice. We look forward to the 2025 Rhode Island legislative session where The Sentencing Project will continue to push for second look legislation in order to offer meaningful opportunities for release to people in prison.