2022 -- S 2779 | |
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LC004645 | |
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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 | |
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Introduced By: Senators Mendes, and Calkin | |
Date Introduced: March 24, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-13-1.3 of the General Laws in Chapter 12-13 entitled "Bail and |
2 | Recognizance" is hereby amended to read as follows: |
3 | 12-13-1.3. Pretrial release. |
4 | (a) Unless otherwise provided, a detainee shall be eligible for pretrial release or reduced |
5 | bail if he or she fails to post bail. |
6 | (b) The court may not impose financial conditions of release on any person. |
7 | (b)(c) "Pretrial release" means release of a defendant without bail but upon an order to |
8 | abide by the conditions as set by the court. Release on non-monetary conditions shall be applied to |
9 | secure the presence of the accused and protect the safety of the community. |
10 | (c)(d) The department of corrections shall collect information concerning the background |
11 | and circumstances of the pretrial detainee. The department's investigation shall include the |
12 | following information and any other factors as shall be appropriate to the case: |
13 | (1) Marital status. |
14 | (2) Name and address of dependents. |
15 | (3) Past and present employment, including place of employment, position held and length |
16 | of employment. |
17 | (4) Whether the defendant is under the care of a licensed physician or uses medication |
18 | prescribed by a licensed physician. |
19 | (5) Any physical or mental condition affecting the defendant's behavior. |
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1 | (6) Education. |
2 | (7) Prior criminal record, including facts indicating that the defendant is likely to be a |
3 | danger to the community if released without restrictions. |
4 | (8) Prior court appearances and record of appearance or non-appearance. |
5 | (9) Ties to this community and to other communities. |
6 | (10) Financial resources. |
7 | (d)(e) If, as a result of this investigation, the department of corrections concludes that the |
8 | pretrial detainee is an appropriate candidate to be considered by the court for pretrial release or |
9 | reduced bail, the department shall present its findings to the court. |
10 | (e)(f) Upon a determination by the court that a defendant is suitable for release on |
11 | recognizance subject to conditions set by the court, the court in its discretion may also impose the |
12 | least onerous of the following conditions necessary to assure the defendant's appearance in court: |
13 | (1) Imposition of condition of release involving field supervision with or without special |
14 | conditions. Field supervision shall require notification to defendants released prior to trial of their |
15 | court dates. |
16 | (2) Imposition of condition of release involving placement of defendant on intensive |
17 | supervision, with or without special conditions. Intensive supervision shall require contact with the |
18 | officials designated by the courts and prompt notification to the court of all apparent violations of |
19 | pre-trial release conditions or arrest of persons released to its custody. |
20 | (3) Imposition of a condition of release involving placement of the defendant on |
21 | community confinement pursuant to ยง 42-56-20.2. |
22 | (f)(g) This section shall not be construed to preclude review by the court of a defendant's |
23 | bail status at any time. |
24 | 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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1 | This act would prohibit the court from setting financial conditions of bail. |
2 | This act would take effect upon passage. |
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