Rhode Island Supreme Court Orders Parole Board to Consider Mario Monteiro’s Release in Response to ACLU Lawsuit

From a press release from the ACLU of Rhode Island:

In a major victory for criminal justice reform and the rights of young offenders, the Rhode Island Supreme Court Today it was decided that Mario Monteiro and other similarly situated youth and young adults are eligible for parole for release into the community after serving 20 years in prison. The decision was made in cases filed by the ACLU of Rhode Island Last year, the state ruled that a 2021 law passed by the General Assembly to give young offenders serving long sentences a chance at early parole, and which was ostensibly aimed at helping Monteiro, did not apply to him or others. Instead, the state had argued that in Monteiro’s case, he must serve an additional 15 years in prison before being eligible for parole. In a 4-1 decision, the state Supreme Court forcefully rejected the state’s position.

The law, often referred to as “Mario’s Law” based on Monteiro’s case, provides that “any person convicted of an offence before his twenty-second birthday” is eligible for parole after serving 20 years. The law was passed in recognition of the fact that, as the Supreme Court of the United States “Even when they commit terrible crimes,” minors lack the guilt of adults due to their immaturity and underdeveloped sense of responsibility and should therefore be given a second chance. Monteiro is 40 years old and has spent his entire adult life in prison after being sentenced to two life sentences for a murder he committed when he was 17.

Despite the clear language of the law, the Department of Correctional ServicesTHE Attorney General and, by acquiescence, the Parole Board All argued that the law did not apply to people like Monteiro who were serving more than one sentence, and that Monteiro, who had already served more than 20 years in prison, should serve another 15 years before he could be eligible for parole. The ACLU argued that this position would nullify the language of the law and frustrate its purpose, since most people currently serving life sentences were serving life sentences. Already eligible for parole after 20 years without the adoption of the Mario law.

The Rhode Island Supreme Court agreed today, noting that under the state’s interpretation of the law, it would not benefit anyone until at least 2035. As a result of the court’s decision, Monteiro will be referred to the parole board for consideration of possible release. The court’s decision also applies to other juvenile offenders who are similarly situated to Monteiro in terms of sentencing.

The appeal was handled by cooperating attorneys from the ACLU of Rhode Island Lynette Labinger, Lisa HolleyAnd Sonja DeyoeAttorney Deyoe said today, “We are very pleased with the court’s decision. The scientific evidence supports the position that juveniles and young adults do not have the same impulse control as adults. Therefore, if they can prove that they are rehabilitated, it makes sense to release these now adult men and women into the community.”

Attorney Holley added, “We are very pleased that the Rhode Island Supreme Court, in a comprehensive and well-reasoned opinion, has determined that “Mario’s Law” applies to juvenile offenders serving multiple sentences, and that the Court has recognized the scientific principles that the characteristics of juvenile offenders—impulsiveness, recklessness, and immaturity—must be considered in distinguishing them from adults. Our clients have convinced the Parole Board that they have been rehabilitated, and as a result, we look forward to their successful parole.”

A copy of the decision and additional information about the case can be found here.

I’ve been covering this story for six years. Here are some previous articles from my time at Uprise RI:

• May 17, 2023 – Second chance: Judge rules ‘Mario’s law’ applies to Monteiro, defenders hail victory for young offenders

• February 26, 2023, – ACLU to Rhode Island Supreme Court: Mario’s Law Should Apply to Mario

• March 31, 2022 – Judge orders release of illegally imprisoned juvenile offenders

• March 24, 2022 – ACLU accuses state of undermining law aimed at reducing incarceration of juvenile offenders

• March 18, 2022 – Gov. McKee blocks parole for men convicted as teenagers because ‘it’s an election year’

• May 24, 2021 – Shivani Nishar: It’s Time to Pass Mario’s Bill and Reform Juvenile Sentencing in Rhode Island

• March 4, 2021 – Juvenile Parole Act Would Give Second Chance at Life

• March 6, 2019 – The bill would allow the possibility of parole for juveniles sentenced to life in prison.

• March 2, 2019 – Mario Monteiro: sentenced to life in prison as a minor

• March 28, 2018 – The bill would prohibit juveniles from being sentenced to life imprisonment without the possibility of parole.