| Chapter 267 |
| 2023 -- S 0653 SUBSTITUTE A AS AMENDED Enacted 06/22/2023 |
| A N A C T |
| RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE |
Introduced By: Senators LaMountain, Burke, McKenney, Acosta, Mack, and Euer |
| Date Introduced: March 07, 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 judgement’s judgment’s restitution |
| order , or assessment and after satisfying the order or assessment fine and costs, restitution, or any |
| other assessment must refund 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. |
| ======== |
| LC002048/SUB A |
| ======== |