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

     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:

     SECTION 1. Section 12-13-1 of the General Laws in Chapter 12-13 entitled "Bail and

Recognizance" is hereby amended to read as follows:

     12-13-1. Right to release pending trial on giving of recognizance.

     (a) Every person who is held on any criminal process to answer to any indictment,

information, or complaint against him or her shall be released upon giving recognizance with

sufficient surety or sureties before a justice of the supreme or superior court or before a justice of

the district court, when the complaint is pending in that court or the person is held to answer to that

court, in the sum named in the process, if any has been named in it, and if none is named, then in

any sum that the justice shall deem reasonable, to appear before the court where the indictment,

information, or complaint is pending against him or her, or to which he or she may be bound over

to appear, to answer to the indictment, information, or complaint, and to answer to it whenever

called upon so to do, and abide the final order of the court, and in the meantime keep the peace and

be of good behavior. Any justice may take the recognizance in any place within the state, and the

recognizance shall be returned to the court to which the accused has recognized to appear.

     (b) At the request of, or in consultation with a mental health professional, a judge may

order an individual held at a locked in-patient mental health facility for the purpose of evaluation

and treatment. The order shall not be extended beyond five (5) days and may only be issued when

the alternative to such order is incarceration in the adult correctional institutions.

     (c) Any order entered pursuant to subsection (b) of this section shall be reviewed within

five (5) days from the time of commitment. At the hearing or review, a report from the mental

health facility shall be presented which shall set forth:

     (1) An assessment of psychological functioning and all relevant diagnoses;

     (2) Recommendations for treatment and a plan of discharge;

     (3) Available community services for implementation of the treatment plan.

     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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     This act would permit a judge, after consultation with a mental health professional, to order

a person charged with any criminal offense, into a locked down mental health facility for a mental

health assessment as an alternative to incarceration. The person’s transfer to the mental health

facility shall not exceed five (5) days at which time a review will be held before the court to

determine the person’s mental health status.

     This act would take effect upon passage.

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