Chapter 266 |
2023 -- H 5685 AS AMENDED Enacted 06/22/2023 |
A N A C T |
RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE |
Introduced By: Representatives Felix, Kislak, Giraldo, Henries, Tanzi, Morales, McNamara, Kazarian, Casimiro, and Batista |
Date Introduced: February 17, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and |
Recognizance" is hereby amended to read as follows: |
12-13-10. Deposit of money in lieu of bail. |
Any person who is held in custody or committed upon a criminal charge, if entitled to be |
released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court, |
give before the court in which he or she is held to appear his or her personal recognizance to appear |
and do as ordered by the court, and shall be allowed to deposit, either individually or by another on |
his or her behalf, with the court in money ten percent (10%) of the amount of bail which he or she |
is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and |
upon delivery of the certificate to the officer in whose custody he or she is shall be released from |
custody, and the money shall be deposited in the registry of the court before which the person shall |
be recognized to appear. Consistent with Article 1, § 9 of the Rhode Island Constitution, the giving |
of surety, or in the alternative the deposit with the court of ten percent (10%) of the amount of bail |
set, shall be the sole monetary conditions of the release on bail, except as set forth herein. No court |
shall require the deposit of cash as the sole monetary condition of the release on bail, except in |
those cases where the defendant owes court-imposed restitution. Upon the default of the defendant, |
the court before which he or she is recognized to appear may, at any time thereafter, order the |
money deposited in the registry of the court be forfeited, subject to the provisions of §§ 12-13-16, |
12-13-16.1 and 12-13-16.2, and the money shall be paid to the general treasurer. If money has been |
deposited and the defendant at any time before forfeiture shall appear before the court to which he |
or she was recognized to appear, and shall surrender himself or herself, or shall recognize before |
the court with sufficient surety or sureties, in such an amount, to appear and do as the court may |
order, or be in any manner legally discharged, then the court shall order the return of the deposit to |
the defendant. If the money remains on deposit at the time of a judgment ordering the payment of |
restitution or any assessment made pursuant to § 12-25-28 that has not been waived by the court |
for the payment of a fine and costs, restitution, or any other assessment issued by the court, the |
clerk must apply the money in satisfaction of the judgment, and after satisfying the fine and costs, |
restitution, or any other assessment judgement's judgment’s restitution order or assessment and |
after satisfying the order or assessment must refund the surplus, if any, the money surplus, if any, |
to the defendant or to the individual who posted the money on behalf of the defendant, as the case |
may be. |
SECTION 2. This act shall take effect upon passage. |
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LC001767 |
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