2022 -- S 2657

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LC005175

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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 CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     

     Introduced By: Senators Mack, Acosta, Calkin, Anderson, Miller, Mendes, Quezada,
Murray, Kallman, and Bell

     Date Introduced: March 10, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-19-9 of the General Laws in Chapter 12-19 entitled "Sentence and

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Execution" is hereby amended to read as follows:

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     12-19-9. Violation of terms of probation -- Notice to attorney general -- Revocation or

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continuation of suspension.

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     (a) Whenever any person who has been placed on probation pursuant to § 12-9-8 violates

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the terms and conditions of his or her probation as fixed by the court, the police or the probation

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authority shall inform the attorney general of the violation, and the attorney general shall cause the

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defendant to appear before the court. The department of corrections division of rehabilitative

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services shall promptly render a report relative to the conduct of the defendant, and the information

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contained in any report under § 12-13-24.1. The division of rehabilitative services may recommend

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that the time served up to that point is a sufficient response to a violation that is not a new alleged

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crime. The court shall release the defendant, pending a probation violation hearing, upon his or her

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own recognizance, unless reasonable surety is required to assure the defendant’s appearance in

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court; provided, however, that if the violation is for a crime of violence pursuant to § 11-47-2(5) or

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domestic violence pursuant to § 12-29-2, but not including domestic disorderly conduct under §

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11-45-1, then the court may order the defendant held without bail for a period not exceeding ten

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(10) days, excluding Saturdays, Sundays, and holidays.

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     (b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the

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defendant to determine whether the defendant has violated the terms and conditions of his or her

 

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probation, at which hearing the defendant shall have the opportunity to be present and to respond.

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Upon a determination by a fair preponderance of the evidence that the defendant has violated the

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terms and conditions of his or her probation, the court, in open court and in the presence of the

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defendant, may:

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     (1) Remove the suspension and order the defendant committed on the sentence previously

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imposed, or on a lesser sentence;

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     (2) Impose a sentence if one has not been previously imposed;

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     (3) Stay all or a portion of the sentence imposed after removal of the suspension;

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     (4) Continue the suspension of a sentence previously imposed; or

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     (5) Convert a sentence of probation without incarceration to a suspended sentence.

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     (c) The court shall sentence for a violation under subsection (b) of this section in

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accordance with judicial sentencing benchmarks.

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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 CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

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     This act would require the court to release any defendant presented as a violator of their

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probation upon personal recognizance unless reasonable surety is required to assure their

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appearance or unless the crime is a crime of violence under § 11-47-2(5) or a crime of domestic

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violence under § 12-29-2, except one of disorderly conduct, in which case, the court may hold them

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without bail.

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     This act would take effect upon passage.

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