For Rhode Islanders who are members of the immigrant community, a conviction of a misdemeanor charge can have a severe, overly punishing -- and unexpected -- impact. Despite being minor offenses, in Rhode Island, misdemeanors carry a potential prison sentence of up to one year. Most people who are charged with a misdemeanor do not actually get sentenced to, or serve, one year in prison. However, despite the actual sentence a person receives, because these crimes carry a potential prison sentence of up to one year, members of the immigrant community may be subject to detention and deportation under a federal law that addresses various crimes that have a potential sentence of one year or more. This means that a one-day difference in sentencing can be the deciding factor in whether a long-time Rhode Islander is able to stay with their family and community, or face the challenges of deportation.
As such, we strongly supported legislation that would decrease the maximum possible misdemeanor by one day, from 365 days to 364 days, to ensure that such harsh consequences do not flow from a minor offense. This bill successfully passed the Senate for the last 5 legislative sessions, but has faced significant pushback from the Attorney General.
