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Carcieri vetoes bills on jail time, bridge

01:00 AM EDT on Wednesday, July 2, 2008

By Cynthia Needham

Journal State House Bureau

PROVIDENCE — Governor Carcieri last night vetoed another batch of bills, including proposals that would spare probationers from prison if they are cleared of alleged violations, and a plan to name the new Sakonnet River Bridge for Anne Hutchinson.

In his veto message on the criminal procedure bills, Carcieri said “this legislation would undeservingly benefit individuals who have been convicted of a crime and are serving a sentence…” while taking the discretion out of the hands of Rhode Island judges.

As the law now stands, if someone on probation is arrested, he or she is sent to prison with no recourse should they be found innocent of the new crime, or if the charges are dropped.

The legislation –– passed with widespread support in two separate bills –– would free violators in those circumstances.

But Carcieri in his veto message said case law shows that a person on probation “enters into a contractual agreement with the state that requires ‘[k]eeping the peace and remaining on good behavior.’ ”

The governor cited a Rhode Island Supreme Court decision that suggests the burden of proof for a probation violation is “considerably lower than in a criminal case” and “does not require the commission of an illegal act.”

This is the second prison-related bill the governor has rejected in the last week. Last Monday he vetoed a plan to eliminate mandatory minimum prison sentences for drug dealers.

On the proposed “Anne Hutchinson Sakonnet Bridge,” Carcieri said he vetoed the measure because it wasn’t inclusive enough –– the new bridge connects Portsmouth and Tiverton, so both communities should have a role in naming it.

In his veto message, the governor said he will form “a blue ribbon commission” with representatives from both towns to recommend a name.

Portsmouth Rep. Amy G. Rice, who has fought for three years to see Hutchinson’s name on the crossing, called the veto an example of “pure political games.”

“This is unfortunate and absolutely ridiculous,” Rice said. “Anne Hutchinson is probably the most appropriate and historically significant person for that bridge.”

Rice blamed the veto on fellow East Bay Rep. Rep. John J. Loughlin, R-Tiverton. “This is not a Democrat, Republican thing, but [Loughlin] has made it so and the governor is playing along,” she said.

Carcieri’s final veto issued last night nixes a plan to change the name of “mortgage foreclosure consultants” to “certified personal finance consultants” and to create a board to oversee and regulate the profession.

In his veto message, the governor said while he has no problem with the name change, he wonders why it is necessary given that such consultants deal directly with foreclosures.

Of greater concern, Carcieri wrote, is the creation of an oversight board. The state already regulates foreclosure consultants. If that law is deemed somehow lacking, the governor said the state Department of Business Regulation can recommend changes to strengthen it.

Yesterday’s vetoes bring the governor’s tally to more than half a dozen since last week. A House spokesman last night said that House leaders are awaiting veto decisions on all bills and “haven’t made a determination yet whether they’ll be coming back for a veto override session.”

cneedham@projo.com