2023 -- S 0411

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LC001588

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

     RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     Introduced By: Senators Kallman, Euer, Acosta, Miller, Mack, Bell, Quezada, F.
Lombardi, Burke, and Lauria

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

     12-19-14. Violation of terms of probation — Notice to court — Revocation or

continuation of suspension.

     (a) Whenever any person who has been placed on probation by virtue of the suspension of

execution of his or her sentence pursuant to § 12-19-13 violates the terms and conditions of his or

her probation as fixed by the court by being formally charged with committing a new criminal

offense, the police or department of corrections division of rehabilitative services shall cause the

defendant to appear before the court. The department of corrections division of rehabilitative

services shall determine when a technical violation of the terms and conditions of probation as fixed

by the court that does not constitute a new criminal offense has occurred and shall cause the

defendant to appear before the court. For technical violations, the division of rehabilitative services

shall promptly render a written report relative to the conduct of the defendant, including, as

applicable, a description of the clear and articulable public safety risk posed by a defendant accused

of a technical violation, and, as available, the information contained in any report under § 12-13-

24.1. The division of rehabilitative services may recommend that the time served up to that point

is a sufficient response to a violation that is not a new, alleged crime. The court may order the

defendant held without bail for a period not exceeding ten (10) days excluding Saturdays, Sundays,

and holidays if the new criminal charge(s) constitutes a violent crime as defined in the Rhode Island

General Laws, a domestic violence crime, or a crime involving driving under the influence or if the

court determines in its discretion that public safety concerns and/or concerns regarding the

defendant’s likelihood to appear before the court warrant holding the defendant without bail shall

set reasonable bail in accordance with the bail guidelines adopted by the court.

     (b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by the

defendant, to determine whether the defendant has violated the terms and conditions of his or her

probation, at which hearing the defendant shall have the opportunity to be present and to respond.

Upon a determination by a fair preponderance of the evidence that the defendant has violated the

terms and conditions of his or her probation, the court, in open court and in the presence of the

defendant, may as to the court may seem just and proper:

     (1) Revoke the suspension and order the defendant committed on the sentence previously

imposed, or on a lesser sentence;

     (2) Impose a sentence if one has not been previously imposed;

     (3) Stay all or a portion of the sentence imposed after removal of the suspension;

     (4) Continue the suspension of a sentence previously imposed; or

     (5) Convert a sentence of probation without incarceration to a suspended sentence.

     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 -- SENTENCE AND EXECUTION

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     This act would require the court to set reasonable bail for all those individuals who appear

before it as probation violators.

     This act would take effect upon passage.

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LC001588

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