2022 -- H 7691

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LC004012

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - BAIL AND RECOGNIZANCE

     

     Introduced By: Representatives Williams, Felix, Giraldo, Alzate, and Morales

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-13-1.3 of the General Laws in Chapter 12-13 entitled "Bail and

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Recognizance" is hereby amended to read as follows:

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     12-13-1.3. Pretrial release.

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     (a) Unless otherwise provided, a detainee shall be eligible for pretrial release or reduced

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bail if he or she fails to post bail.

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     (b) If the arrested person is charged with no offense other than a misdemeanor, the court

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may not impose financial conditions of release on the person unless the person is charged with a

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domestic violence offense under chapter 29 of title 12; the person requests such financial

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conditions; or the court makes a finding on the record that there is a likely risk that:

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     (1) The arrested person will fail to appear in the court, as required; or

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     (2) The arrested person will obstruct or attempt to obstruct justice, or threaten, injure or

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intimidate or attempt to threaten, injure or intimidate a prospective witness or juror. In making a

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finding described in this subsection, the court shall consider information it receives pursuant to §

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12-13-24.1.

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     (b)(c) "Pretrial release" means release of a defendant without bail but upon an order to

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abide by the conditions as set by the court. Release on non-monetary conditions shall be applied to

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secure the presence of the accused and protect the safety of the community.

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     (c)(d) The department of corrections shall collect information concerning the background

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and circumstances of the pretrial detainee. The department's investigation shall include the

 

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following information and any other factors as shall be appropriate to the case:

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     (1) Marital status.

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     (2) Name and address of dependents.

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     (3) Past and present employment, including place of employment, position held and length

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of employment.

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     (4) Whether the defendant is under the care of a licensed physician or uses medication

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prescribed by a licensed physician.

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     (5) Any physical or mental condition affecting the defendant's behavior.

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     (6) Education.

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     (7) Prior criminal record, including facts indicating that the defendant is likely to be a

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danger to the community if released without restrictions.

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     (8) Prior court appearances and record of appearance or non-appearance.

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     (9) Ties to this community and to other communities.

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     (10) Financial resources.

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     (d)(e) If, as a result of this investigation, the department of corrections concludes that the

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pretrial detainee is an appropriate candidate to be considered by the court for pretrial release or

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reduced bail, the department shall present its findings to the court.

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     (e)(f) Upon a determination by the court that a defendant is suitable for release on

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recognizance subject to conditions set by the court, the court in its discretion may also impose the

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least onerous of the following conditions necessary to assure the defendant's appearance in court:

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     (1) Imposition of condition of release involving field supervision with or without special

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conditions. Field supervision shall require notification to defendants released prior to trial of their

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court dates.

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     (2) Imposition of condition of release involving placement of defendant on intensive

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supervision, with or without special conditions. Intensive supervision shall require contact with the

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officials designated by the courts and prompt notification to the court of all apparent violations of

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pre-trial release conditions or arrest of persons released to its custody.

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     (3) Imposition of a condition of release involving placement of the defendant on

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community confinement pursuant to § 42-56-20.2.

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     (f)(g) This section shall not be construed to preclude review by the court of a defendant's

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bail status at any time.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - BAIL AND RECOGNIZANCE

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     This act would provide that a person arrested for a misdemeanor shall be released without

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a financial condition unless the misdemeanor is for domestic violence or the court makes a finding

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on the record that there is a likely risk the arrested person will fail to appear in court or will obstruct

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justice or attempt to injure or intimidate a witness.

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     This act would take effect upon passage.

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