2022 -- H 7695

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LC005007

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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 -- PROBATION AND PAROLE SUPPORT ACT

     

     Introduced By: Representatives Knight, Cassar, Ajello, Vella-Wilkinson, Williams,
Ruggiero, Shanley, Craven, Caldwell, and Speakman

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-18.1-3 of the General Laws in Chapter 12-18.1 entitled "Probation

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and Parole Support Act" is hereby amended to read as follows:

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     12-18.1-3. Court costs.

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     (a) The court shall assess as court costs, in addition to those otherwise provided by law,

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against all defendants charged with a felony, misdemeanor, or petty misdemeanor, and who plead

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nolo contendere or guilty or who are found guilty of the commission of those crimes, as follows:

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     (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

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more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed

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on the defendant by the court, whichever is greater;

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     (2) Where the offense charged is a felony and carries a maximum penalty of less than five

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(5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine imposed

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on the defendant by the court, whichever is greater; and

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     (3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent

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(10%) of any fine imposed on the defendant by the court, whichever is greater.

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     (b) These court costs shall not be assessed whether or not when the defendant is sentenced

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to prison and in no case shall they be remitted by the court for thirty (30) days or more on any

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count, multiple counts, or multiple charges and shall be remitted if a defendant subsequently serves

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thirty (30) days or more on a violation.

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     (c) When there are multiple counts or multiple charges to be disposed of simultaneously,

 

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the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or

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charges above two (2) one.

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     (d) If the court determines that the defendant does not have the ability to pay the costs as

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set forth in this section, the judge may by specific order mitigate the costs in accordance with the

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court's determination of the ability of the offender to pay the costs. If a defendant is indigent, or

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demonstrates a limited or inability to pay, in accordance with the standards and procedures

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contained in §§ 12-20-10 and 12-21-20, the court costs contemplated by this section may be waived

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or reduced.

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     SECTION 2. Section 12-20-10 of the General Laws in Chapter 12-20 entitled "Costs" is

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hereby amended to read as follows:

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     12-20-10. Remission of costs -- Prohibition against remitting restitution to victims of

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crime -- Ability to pay -- Indigency.

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     (a) The payment of court costs, assessments, and fees in criminal cases may shall, upon

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application or sworn testimony, presented during sentencing or anytime thereafter, be remitted by

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any justice of the superior court; provided, that any justice of a district court may, in his or her

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discretion, remit the costs in any criminal case pending in his or her court, or in the case of any

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prisoner sentenced by the court, and from which sentence no appeal has been taken in whole based

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on a determination that a defendant is indigent pursuant to the standards set forth in this section.

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Notwithstanding any other provision of law, this section shall not limit the court's inherent power

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to remit any fine, fee, assessment or other costs of prosecution, provided no order of restitution

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shall be suspended by the court.

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     (b) For purposes of §§ 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv) and 21-

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28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and

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limited ability to pay:

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     (1) Qualification for and/or receipt of any of the following benefits or services by the

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defendant shall be prima facie evidence of the defendant’s indigency:

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     (i) temporary assistance to needy families;

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     (ii) social security including supplemental security income and state supplemental

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payments program;

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     (iii) public assistance;

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     (iv) disability insurance; or

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     (v) food stamps.

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     (2) Despite the defendant's good faith efforts to pay, outstanding court orders for payment

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in the amount of one-hundred dollars ($100) or more for any of the following:

 

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     (i) restitution payments to the victims of crime;

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     (ii) child support payments; or

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     (iii) payments for any counseling required as a condition of the sentence imposed

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including, but not limited to, substance abuse, mental health, and domestic violence.

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     (2) The superior and district courts may establish additional criteria and/or procedures for

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the determination of an ability to pay and for the administration of this section.

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     (b) If a defendant is not indigent, the payment of court costs, assessments and fees in

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criminal cases may, upon sworn testimony or application during sentencing or anytime thereafter,

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be remitted in whole or in part by any justice of the superior or district court or their designee

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pursuant to a determination of limited or inability to pay based upon the standards set forth in this

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section, or any other considerations the court may deem appropriate. Provided further that any

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judge of a district court may remit the court costs, assessments, and fees in criminal case(s) pending

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in his or her court, or in the case of any prisoner sentenced by the court, where no appeal of the

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sentence has been taken.

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     (1) In making its assessment of a defendant’s limited or inability to pay, the court may

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consider the defendant’s good faith efforts to pay, and/or his or her outstanding court orders for

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payments in the amount of one hundred dollars ($100) or more for any of the following:

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     (i) Restitution payments to the victims of crime;

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     (ii) Child support payments; or

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     (iii) Payments for any counseling required as a condition of the sentence imposed

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including, but not limited to, substance abuse, mental health, and domestic violence.

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     (iv) Fines imposed as part of the sentence.

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     (2) Notwithstanding any other provision of law, this section shall not limit the court’s

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inherent power to remit any fine, court costs, fees, assessments or other costs of prosecution,

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provided no order of restitution shall be suspended by the court.

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     SECTION 3. Section 12-21-20 of the General Laws in Chapter 12-21 entitled "Recovery

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of Fines, Penalties, and Forfeitures" is hereby amended to read as follows:

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     12-21-20. Order to pay costs and determination of ability to pay.

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     (a) If, upon any complaint or prosecution before any court, the defendant shall be ordered

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to pay a fine, enter into a recognizance or suffer any penalty or forfeiture, he or she shall also be

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ordered to pay all costs of prosecution, unless directed otherwise by law.

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     (b) In superior court, the judge shall make a preliminary assessment of the defendant's

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ability to pay immediately after sentencing by use of the procedures specified in this section.

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     (c) In district court, the judge shall make a preliminary assessment of the defendant's ability

 

LC005007 - Page 3 of 6

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to pay immediately after sentencing or nearly thereafter as practicable by use of the procedures

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specified in this section.

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     (b) If a defendant is determined to be indigent by the standards set forth in § 12-20-10(a)

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following the defendant’s sworn testimony or by submission of a financial assessment instrument,

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all court costs, assessments and fees shall be waived. The financial assessment instrument shall be:

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     (1) Created by the court based upon sound and generally accepted accounting principles

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and may be modified by the court from time to time;

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     (2) Include any and all relevant information relating to the defendant’s present ability to

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pay; and

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     (3) Be certified or made by the defendant under oath.

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     (c) Non-indigent defendants claiming a limited or inability to pay court costs, assessments

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and fees may request the court waive court costs, assessments, and fees upon submission of a

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completed financial assessment instrument. Upon submission of a completed financial assessment

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instrument, a defendant may during sentencing or any time after the disposition of the matter

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request an ability to pay determination to seek the remission or reduction of any fines, court costs,

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assessments, fees and other costs of prosecution, or changes to the terms of a payment schedule.

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     (d) The defendant's ability to pay and payment schedule shall be determined by use of

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standardized procedures including a financial assessment instrument. The financial assessment

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instrument shall be:

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     (1) based upon sound and generally accepted accounting principles;

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     (2) completed based on a personal interview of the defendant and includes any and all

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relevant information relating to the defendant's present ability to pay including, but not limited to,

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the information contained in § 12-20-10; and

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     (3) made by the defendant under oath.

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     (e) The financial instrument may, from time to time and after hearing, be modified by the

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court.

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     (f) When persons come before the court for failure to pay fines, fees, assessments and other

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costs of prosecution, or court ordered restitution, and their ability to pay and payment schedule has

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not been previously determined, the judge, the clerk of the court, or their designee shall make these

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determinations by use of the procedures specified in this section.

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     (g) Nothing in this section shall be construed to limit the court's ability, after hearing in

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open court, to revise findings about a person's ability to pay and payment schedule made by the

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clerk of the court or designee, based upon the receipt of newly available, relevant, or other

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information.

 

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     SECTION 4. 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 -- PROBATION AND PAROLE SUPPORT ACT

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     This act would modify current procedures for the application and collection of court costs,

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fees and assessments in all criminal matters. The act will eliminate all costs, assessments and fees

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for persons serving a prison sentence of over thirty (30) days and those determined to be indigent.

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     This act would take effect upon passage.

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