law22200

Chapter 200

2022 -- S 2774
Enacted 06/27/2022

A N A C T

RELATING TO CRIMINAL PROCEDURE -- PROBATION AND PAROLE SUPPORT ACT

Introduced By: Senator Michael J. McCaffrey

Date Introduced: March 24, 2022

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-18.1-3 of the General Laws in Chapter 12-18.1 entitled "Probation

and Parole Support Act" is hereby amended to read as follows:

12-18.1-3. Court costs.

(a) The court shall assess as court costs, in addition to those otherwise provided by law,

against all defendants charged with a felony, misdemeanor, or petty misdemeanor, and who plead

nolo contendere or guilty or who are found guilty of the commission of those crimes, as follows:

(1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed

on the defendant by the court, whichever is greater;

(2) Where the offense charged is a felony and carries a maximum penalty of less than five

(5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine imposed

on the defendant by the court, whichever is greater; and

(3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent

(10%) of any fine imposed on the defendant by the court, whichever is greater.

(b) These court costs shall not be assessed whether or not when the defendant is sentenced

to prison and in no case shall they be remitted by the court for thirty (30) days or more on any

count, multiple counts, or multiple charges and shall be remitted if a defendant subsequently serves

thirty (30) days or more on a violation.

the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or

charges above two (2) one.

(d) If the court determines that the defendant does not have the ability to pay the costs as

set forth in this section, the judge may by specific order mitigate the costs in accordance with the

court's determination of the ability of the offender to pay the costs. If a defendant is indigent, or

demonstrates a limited or inability to pay, in accordance with the standards and procedures

contained in §§ 12-20-10 and 12-21-20, the court costs contemplated by this section may be waived

or reduced.

SECTION 2. Section 12-20-10 of the General Laws in Chapter 12-20 entitled "Costs" is

hereby amended to read as follows:

12-20-10. Remission of costs -- Prohibition against remitting restitution to victims of

crime -- Ability to pay -- Indigency -- Limted ability to pay -- Inherent power -- Prohibition

against remitting order of restitution.

(a) The payment of court costs, assessments, and fees in criminal cases may shall, upon

application or sworn testimony, presented during sentencing or anytime any time thereafter, be

remitted by any justice of the superior court; provided, that any justice of a district court may, in

his or her discretion, remit the costs in any criminal case pending in his or her court, or in the case

of any prisoner sentenced by the court, and from which sentence no appeal has been taken in whole

based on a determination that a defendant is indigent pursuant to the standards set forth in this

section. Notwithstanding any other provision of law, this section shall not limit the court's inherent

power to remit any fine, fee, assessment or other costs of prosecution, provided no order of

restitution shall be suspended by the court.

(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-

28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and

limited ability to pay:

(1) Qualification for and/or receipt of any of the following benefits or services by the

defendant shall be prima facie evidence of the defendant’s indigency:

(i) temporary Temporary assistance to needy families;

(ii) social Social security including supplemental security income and state supplemental

payments program;

(iii) public Public assistance;

(iv) disability Disability insurance; or

(v) food Food stamps.

(2) Despite the defendant's good faith efforts to pay, outstanding court orders for payment

in the amount of one-hundred dollars ($100) or more for any of the following:

(i) restitution payments to the victims of crime;

(ii) child support payments; or

(iii) payments for any counseling required as a condition of the sentence imposed

including, but not limited to, substance abuse, mental health, and domestic violence.

(2) The superior and district courts may establish additional criteria and/or procedures for

the determination of an ability to pay and for the administration of this section.

(b) If a defendant is not indigent, the payment of court costs, assessments, and fees in

criminal cases may, upon sworn testimony or application during sentencing or anytime any time

thereafter, be remitted in whole or in part by any justice of the superior or district court or their the

justice’s designee pursuant to a determination of limited or inability to pay based upon the

standards set forth in this section, or any other considerations the court may deem appropriate.

Provided further that any judge of a district court may remit the court costs, assessments, and fees

in criminal case(s) pending in his or her court, or in the case of any prisoner sentenced by the court,

where no appeal of the sentence has been taken.

(1) In making its assessment of a defendant’s limited or inability to pay, the court may

consider the defendant’s good faith efforts to pay, and/or his or her outstanding court orders for

payments in the amount of one hundred dollars ($100) or more for any of the following:

(i) Restitution payments to the victims of crime;

(ii) Child support payments; or

(iii) Payments for any counseling required as a condition of the sentence imposed

including, but not limited to, substance abuse, mental health, and domestic violence.; or

(iv) Fines imposed as part of the sentence.

(2) Notwithstanding any other provision of law, this section shall not limit the court’s

inherent power to remit any fine, court costs, fees, assessments, or other costs of prosecution,

provided no order of restitution shall be suspended by the court.

SECTION 3. Section 12-21-20 of the General Laws in Chapter 12-21 entitled "Recovery

of Fines, Penalties, and Forfeitures" is hereby amended to read as follows:

12-21-20. Order to pay costs and determination of ability to pay.

(a) If, upon any complaint or prosecution before any court, the defendant shall be ordered

to pay a fine, enter into a recognizance, or suffer any penalty or forfeiture, he or she shall also be

ordered to pay all costs of prosecution, unless directed otherwise by law.

(b) In superior court, the judge shall make a preliminary assessment of the defendant's

ability to pay immediately after sentencing by use of the procedures specified in this section.

to pay immediately after sentencing or nearly thereafter as practicable by use of the procedures

specified in this section.

(b) If a defendant is determined to be indigent by the standards set forth in § 12-20-10(a)

following the defendant’s sworn testimony or by submission of a financial assessment instrument,

all court costs, assessments, and fees shall be waived. The financial assessment instrument shall

be:

(1) Created by the court based upon sound and generally accepted accounting principles

and may be modified by the court from time to time;

(2) Include any and all relevant information relating to the defendant’s present ability to

pay; and

(3) Be certified or made by the defendant under oath.

and fees may request the court waive court costs, assessments, and fees upon submission of a

completed financial assessment instrument. Upon submission of a completed financial assessment

instrument, a defendant may during sentencing or any time after the disposition of the matter

request an ability to pay determination to seek the remission or reduction of any fines, court costs,

assessments, fees and other costs of prosecution, or changes to the terms of a payment schedule.

(d) The defendant's ability to pay and payment schedule shall be determined by use of

standardized procedures including a financial assessment instrument. The financial assessment

instrument shall be:

(1) based upon sound and generally accepted accounting principles;

(2) completed based on a personal interview of the defendant and includes any and all

relevant information relating to the defendant's present ability to pay including, but not limited to,

the information contained in § 12-20-10; and

(3) made by the defendant under oath.

(e) The financial instrument may, from time to time and after hearing, be modified by the

court.

(f) When persons come before the court for failure to pay fines, fees, assessments and other

costs of prosecution, or court ordered restitution, and their ability to pay and payment schedule has

not been previously determined, the judge, the clerk of the court, or their designee shall make these

determinations by use of the procedures specified in this section.

(g) Nothing in this section shall be construed to limit the court's ability, after hearing in

open court, to revise findings about a person's ability to pay and payment schedule made by the

clerk of the court or designee, based upon the receipt of newly available, relevant, or other

information.

SECTION 4. This act shall take effect upon passage.

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LC005066

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