2012 -- S 2642

=======

LC01938

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL OFFENSES - PROCEDURE CORRECTIONS - JAILS AND

PRISONS

     

     

     Introduced By: Senators Nesselbush, P Fogarty, DeVall, DaPonte, and Sheehan

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 11-25-15 of the General Laws in Chapter 11-25 entitled "Jails and

1-2

Prisons" is hereby repealed.

1-3

     11-25-15. Imprisonment for failure to pay fines or costs or give recognizance. --

1-4

Every person who has been or shall be committed or detained in the adult correctional institutions

1-5

for the nonpayment of his or her fine or costs, or both, or for failure to give the recognizance in

1-6

the amount required of him or her to keep the peace, shall be detained in the adult correctional

1-7

institutions after that person has served his or her sentence of imprisonment, if any shall have

1-8

been imposed, one day for each one hundred fifty dollars ($150) or any fraction of it, of the

1-9

amount of his or her fine or costs, or both, or of the recognizance so required of and not furnished

1-10

by that person. However, the director of corrections may order the release of any person held in

1-11

the adult correctional institutions solely for the nonpayment of his or her costs on any terms that

1-12

he or she shall fix for the payment of the costs by that person and any person so released may be

1-13

caused to be reimprisoned by the director for his or her failure to observe the terms of the release,

1-14

and his or her warrant for imprisonment shall be sufficient authority to all sheriffs, police officers,

1-15

jailers, and the agents of the director to retake and detain the person who shall upon his or her

1-16

return to the correctional institutions serve one day for each dollar or any fraction of it of his or

1-17

her costs then unpaid.

2-18

     SECTION 2. This act shall take effect upon passage.

     

=======

LC01938

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - PROCEDURE CORRECTIONS - JAILS AND

PRISONS

***

3-1

     This act would repeal that section of the general laws which allows for any person

3-2

committed or detained at the adult correctional institution for the nonpayment of a fine, costs or

3-3

failure to give recognizance in the amount ordered, from using time served, as a credit for the

3-4

reduction in the amount of such fine, cost or recognizance.

3-5

     This act would take effect upon passage.

     

=======

LC01938

=======

S2642