2022 -- S 2774 | |
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LC005066 | |
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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 | |
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Introduced By: Senator Michael J. McCaffrey | |
Date Introduced: March 24, 2022 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-18.1-3 of the General Laws in Chapter 12-18.1 entitled "Probation |
2 | and Parole Support Act" is hereby amended to read as follows: |
3 | 12-18.1-3. Court costs. |
4 | (a) The court shall assess as court costs, in addition to those otherwise provided by law, |
5 | against all defendants charged with a felony, misdemeanor, or petty misdemeanor, and who plead |
6 | nolo contendere or guilty or who are found guilty of the commission of those crimes, as follows: |
7 | (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or |
8 | more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed |
9 | on the defendant by the court, whichever is greater; |
10 | (2) Where the offense charged is a felony and carries a maximum penalty of less than five |
11 | (5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine imposed |
12 | on the defendant by the court, whichever is greater; and |
13 | (3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent |
14 | (10%) of any fine imposed on the defendant by the court, whichever is greater. |
15 | (b) These court costs shall not be assessed whether or not when the defendant is sentenced |
16 | to prison and in no case shall they be remitted by the court for thirty (30) days or more on any |
17 | count, multiple counts, or multiple charges and shall be remitted if a defendant subsequently serves |
18 | thirty (30) days or more on a violation. |
19 | (c) When there are multiple counts or multiple charges to be disposed of simultaneously, |
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1 | the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or |
2 | charges above two (2) one. |
3 | (d) If the court determines that the defendant does not have the ability to pay the costs as |
4 | set forth in this section, the judge may by specific order mitigate the costs in accordance with the |
5 | court's determination of the ability of the offender to pay the costs. If a defendant is indigent, or |
6 | demonstrates a limited or inability to pay, in accordance with the standards and procedures |
7 | contained in §§ 12-20-10 and 12-21-20, the court costs contemplated by this section may be waived |
8 | or reduced. |
9 | SECTION 2. Section 12-20-10 of the General Laws in Chapter 12-20 entitled "Costs" is |
10 | hereby amended to read as follows: |
11 | 12-20-10. Remission of costs -- Prohibition against remitting restitution to victims of |
12 | crime -- Ability to pay -- Indigency. |
13 | (a) The payment of court costs, assessments, and fees in criminal cases may shall, upon |
14 | application or sworn testimony, presented during sentencing or anytime thereafter, be remitted by |
15 | any justice of the superior court; provided, that any justice of a district court may, in his or her |
16 | discretion, remit the costs in any criminal case pending in his or her court, or in the case of any |
17 | prisoner sentenced by the court, and from which sentence no appeal has been taken in whole based |
18 | on a determination that a defendant is indigent pursuant to the standards set forth in this section. |
19 | Notwithstanding any other provision of law, this section shall not limit the court's inherent power |
20 | to remit any fine, fee, assessment or other costs of prosecution, provided no order of restitution |
21 | shall be suspended by the court. |
22 | (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- |
23 | 28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and |
24 | limited ability to pay: |
25 | (1) Qualification for and/or receipt of any of the following benefits or services by the |
26 | defendant shall be prima facie evidence of the defendant’s indigency: |
27 | (i) temporary assistance to needy families; |
28 | (ii) social security including supplemental security income and state supplemental |
29 | payments program; |
30 | (iii) public assistance; |
31 | (iv) disability insurance; or |
32 | (v) food stamps. |
33 | (2) Despite the defendant's good faith efforts to pay, outstanding court orders for payment |
34 | in the amount of one-hundred dollars ($100) or more for any of the following: |
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1 | (i) restitution payments to the victims of crime; |
2 | (ii) child support payments; or |
3 | (iii) payments for any counseling required as a condition of the sentence imposed |
4 | including, but not limited to, substance abuse, mental health, and domestic violence. |
5 | (2) The superior and district courts may establish additional criteria and/or procedures for |
6 | the determination of an ability to pay and for the administration of this section. |
7 | (b) If a defendant is not indigent, the payment of court costs, assessments and fees in |
8 | criminal cases may, upon sworn testimony or application during sentencing or anytime thereafter, |
9 | be remitted in whole or in part by any justice of the superior or district court or their designee |
10 | pursuant to a determination of limited or inability to pay based upon the standards set forth in this |
11 | section, or any other considerations the court may deem appropriate. Provided further that any |
12 | judge of a district court may remit the court costs, assessments, and fees in criminal case(s) pending |
13 | in his or her court, or in the case of any prisoner sentenced by the court, where no appeal of the |
14 | sentence has been taken. |
15 | (1) In making its assessment of a defendant’s limited or inability to pay, the court may |
16 | consider the defendant’s good faith efforts to pay, and/or his or her outstanding court orders for |
17 | payments in the amount of one hundred dollars ($100) or more for any of the following: |
18 | (i) Restitution payments to the victims of crime; |
19 | (ii) Child support payments; or |
20 | (iii) Payments for any counseling required as a condition of the sentence imposed |
21 | including, but not limited to, substance abuse, mental health, and domestic violence. |
22 | (iv) Fines imposed as part of the sentence. |
23 | (2) Notwithstanding any other provision of law, this section shall not limit the court’s |
24 | inherent power to remit any fine, court costs, fees, assessments or other costs of prosecution, |
25 | provided no order of restitution shall be suspended by the court. |
26 | SECTION 3. Section 12-21-20 of the General Laws in Chapter 12-21 entitled "Recovery |
27 | of Fines, Penalties, and Forfeitures" is hereby amended to read as follows: |
28 | 12-21-20. Order to pay costs and determination of ability to pay. |
29 | (a) If, upon any complaint or prosecution before any court, the defendant shall be ordered |
30 | to pay a fine, enter into a recognizance or suffer any penalty or forfeiture, he or she shall also be |
31 | ordered to pay all costs of prosecution, unless directed otherwise by law. |
32 | (b) In superior court, the judge shall make a preliminary assessment of the defendant's |
33 | ability to pay immediately after sentencing by use of the procedures specified in this section. |
34 | (c) In district court, the judge shall make a preliminary assessment of the defendant's ability |
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1 | to pay immediately after sentencing or nearly thereafter as practicable by use of the procedures |
2 | specified in this section. |
3 | (b) If a defendant is determined to be indigent by the standards set forth in § 12-20-10(a) |
4 | following the defendant’s sworn testimony or by submission of a financial assessment instrument, |
5 | all court costs, assessments and fees shall be waived. The financial assessment instrument shall be: |
6 | (1) Created by the court based upon sound and generally accepted accounting principles |
7 | and may be modified by the court from time to time; |
8 | (2) Include any and all relevant information relating to the defendant’s present ability to |
9 | pay; and |
10 | (3) Be certified or made by the defendant under oath. |
11 | (c) Non-indigent defendants claiming a limited or inability to pay court costs, assessments |
12 | and fees may request the court waive court costs, assessments, and fees upon submission of a |
13 | completed financial assessment instrument. Upon submission of a completed financial assessment |
14 | instrument, a defendant may during sentencing or any time after the disposition of the matter |
15 | request an ability to pay determination to seek the remission or reduction of any fines, court costs, |
16 | assessments, fees and other costs of prosecution, or changes to the terms of a payment schedule. |
17 | (d) The defendant's ability to pay and payment schedule shall be determined by use of |
18 | standardized procedures including a financial assessment instrument. The financial assessment |
19 | instrument shall be: |
20 | (1) based upon sound and generally accepted accounting principles; |
21 | (2) completed based on a personal interview of the defendant and includes any and all |
22 | relevant information relating to the defendant's present ability to pay including, but not limited to, |
23 | the information contained in § 12-20-10; and |
24 | (3) made by the defendant under oath. |
25 | (e) The financial instrument may, from time to time and after hearing, be modified by the |
26 | court. |
27 | (f) When persons come before the court for failure to pay fines, fees, assessments and other |
28 | costs of prosecution, or court ordered restitution, and their ability to pay and payment schedule has |
29 | not been previously determined, the judge, the clerk of the court, or their designee shall make these |
30 | determinations by use of the procedures specified in this section. |
31 | (g) Nothing in this section shall be construed to limit the court's ability, after hearing in |
32 | open court, to revise findings about a person's ability to pay and payment schedule made by the |
33 | clerk of the court or designee, based upon the receipt of newly available, relevant, or other |
34 | information. |
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1 | SECTION 4. This act shall take effect upon passage. |
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LC005066 | |
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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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1 | This act would modify current procedures for the application and collection of court costs, |
2 | fees and assessments in all criminal matters. The act will eliminate all costs, assessments and fees |
3 | for persons serving a prison sentence of over thirty (30) days and those determined to be indigent. |
4 | This act would take effect upon passage. |
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LC005066 | |
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