2022 -- S 2657 | |
======== | |
LC005175 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION | |
| |
Introduced By: Senators Mack, Acosta, Calkin, Anderson, Miller, Mendes, Quezada, | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-19-9 of the General Laws in Chapter 12-19 entitled "Sentence and |
2 | Execution" is hereby amended to read as follows: |
3 | 12-19-9. Violation of terms of probation -- Notice to attorney general -- Revocation or |
4 | continuation of suspension. |
5 | (a) Whenever any person who has been placed on probation pursuant to § 12-9-8 violates |
6 | the terms and conditions of his or her probation as fixed by the court, the police or the probation |
7 | authority shall inform the attorney general of the violation, and the attorney general shall cause the |
8 | defendant to appear before the court. The department of corrections division of rehabilitative |
9 | services shall promptly render a report relative to the conduct of the defendant, and the information |
10 | contained in any report under § 12-13-24.1. The division of rehabilitative services may recommend |
11 | that the time served up to that point is a sufficient response to a violation that is not a new alleged |
12 | crime. The court shall release the defendant, pending a probation violation hearing, upon his or her |
13 | own recognizance, unless reasonable surety is required to assure the defendant’s appearance in |
14 | court; provided, however, that if the violation is for a crime of violence pursuant to § 11-47-2(5) or |
15 | domestic violence pursuant to § 12-29-2, but not including domestic disorderly conduct under § |
16 | 11-45-1, then the court may order the defendant held without bail for a period not exceeding ten |
17 | (10) days, excluding Saturdays, Sundays, and holidays. |
18 | (b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the |
19 | defendant to determine whether the defendant has violated the terms and conditions of his or her |
| |
1 | probation, at which hearing the defendant shall have the opportunity to be present and to respond. |
2 | Upon a determination by a fair preponderance of the evidence that the defendant has violated the |
3 | terms and conditions of his or her probation, the court, in open court and in the presence of the |
4 | defendant, may: |
5 | (1) Remove the suspension and order the defendant committed on the sentence previously |
6 | imposed, or on a lesser sentence; |
7 | (2) Impose a sentence if one has not been previously imposed; |
8 | (3) Stay all or a portion of the sentence imposed after removal of the suspension; |
9 | (4) Continue the suspension of a sentence previously imposed; or |
10 | (5) Convert a sentence of probation without incarceration to a suspended sentence. |
11 | (c) The court shall sentence for a violation under subsection (b) of this section in |
12 | accordance with judicial sentencing benchmarks. |
13 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC005175 | |
======== | |
| LC005175 - Page 2 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION | |
*** | |
1 | This act would require the court to release any defendant presented as a violator of their |
2 | probation upon personal recognizance unless reasonable surety is required to assure their |
3 | appearance or unless the crime is a crime of violence under § 11-47-2(5) or a crime of domestic |
4 | violence under § 12-29-2, except one of disorderly conduct, in which case, the court may hold them |
5 | without bail. |
6 | This act would take effect upon passage. |
======== | |
LC005175 | |
======== | |
| LC005175 - Page 3 of 3 |