Professor Aliza Hochman Bloom Files Amicus Brief in Support of Mario’s Law

To support less severe criminal sentencing for youth and emerging adults, Professor Aliza Hochman Bloom today filed an amicus brief in the Rhode Island Supreme Court in support of R.I. § 13-8-13(e), also known as Mario’s Law, which retroactively expands parole eligibility for people convicted of crimes committed before the age of twenty-two.

Professor Aliza Hochman Bloom Files Amicus Brief in Support of Mario’s Law

02.19.24 — To support less severe criminal sentencing for youth and emerging adults, Professor Aliza Hochman Bloom today filed an amicus brief in the Rhode Island Supreme Court in support of R.I. § 13-8-13(e), also known as Mario’s Law, which retroactively expands parole eligibility for people convicted of crimes committed before the age of 22. In Rhode Island vs. Neves et al., Hochman Bloom argues that Mario Monteiro and three other individuals who have been incarcerated for more than 22 years are being unlawfully detained despite eligibility for parole and immediate release to the community. Hochman Bloom submitted her brief along with along with the Campaign for the Fair Sentencing of Youth and Human Rights for Kids.

“The Rhode Island Legislature passed this legislation in line with sweeping national change rejecting extreme sentences for youth and young adults,” said Hochman Bloom. “Interpretations of R.I. § 13-8-13(e) that preclude relief for respondents Neves, Nunes, Ortega, Monteiro and similarly situated youth and young adults undermine the purpose of these reforms and create unconstitutionally disproportionate sentences.”

In her brief, Hochman Bloom argues that reforms like Mario’s Law address extraordinarily long sentences and related constitutional deficiencies in several important ways:

  • First, they address the scientific consensus that the vast majority of youth “age out” of crime by allowing for review opportunities after a set number of years.
  • Second, they address and begin to undo a long legacy of racial injustice and harsher punishments for youth of color.
  • Third, they preserve judicial economy by providing broad relief to address several types of sentences and potential constitutional violations, and place that authority with decision makers equipped to evaluate rehabilitation and public safety.

“Along with other amici, we ask the Rhode Island Supreme Court to uphold the decision below from the Superior Court, and to release the respondents in accordance with their pre-existing parole decisions,” said Hochman Bloom.

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