2022 -- S 2796 | |
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LC004973 | |
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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 Archambault, Burke, McCaffrey, F Lombardi, and Miller | |
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 of the General Laws in Chapter 12-13 entitled "Bail and |
2 | Recognizance" is hereby amended to read as follows: |
3 | 12-13-1. Right to release pending trial on giving of recognizance. |
4 | (a) Every person who is held on any criminal process to answer to any indictment, |
5 | information, or complaint against him or her shall be released upon giving recognizance with |
6 | sufficient surety or sureties before a justice of the supreme or superior court or before a justice of |
7 | the district court, when the complaint is pending in that court or the person is held to answer to that |
8 | court, in the sum named in the process, if any has been named in it, and if none is named, then in |
9 | any sum that the justice shall deem reasonable, to appear before the court where the indictment, |
10 | information, or complaint is pending against him or her, or to which he or she may be bound over |
11 | to appear, to answer to the indictment, information, or complaint, and to answer to it whenever |
12 | called upon so to do, and abide the final order of the court, and in the meantime keep the peace and |
13 | be of good behavior. Any justice may take the recognizance in any place within the state, and the |
14 | recognizance shall be returned to the court to which the accused has recognized to appear. |
15 | (b) At the request of, or in consultation with a mental health professional, a judge may |
16 | order an individual held at a locked in-patient mental health facility for the purpose of evaluation |
17 | and treatment. The order shall not be extended beyond five (5) days and may only be issued when |
18 | the alternative to such order is incarceration in the adult correctional institutions. |
19 | (c) Any order entered pursuant to subsection (b) of this section shall be reviewed within |
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1 | five (5) days from the time of commitment. At the hearing or review, a report from the mental |
2 | health facility shall be presented which shall set forth: |
3 | (1) An assessment of psychological functioning and all relevant diagnoses; |
4 | (2) Recommendations for treatment and a plan of discharge; |
5 | (3) Available community services for implementation of the treatment plan. |
6 | 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 permit a judge, after consultation with a mental health professional, to order |
2 | a person charged with any criminal offense, into a locked down mental health facility for a mental |
3 | health assessment as an alternative to incarceration. The person’s transfer to the mental health |
4 | facility shall not exceed five (5) days at which time a review will be held before the court to |
5 | determine the person’s mental health status. |
6 | This act would take effect upon passage. |
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