2024 -- S 2776

========

LC005157

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

     RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     

     Introduced By: Senators Kallman, Acosta, Miller, Gu, Mack, Ujifusa, and Valverde

     Date Introduced: March 08, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

1

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

2

and Execution" is hereby amended to read as follows:

3

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

4

continuation of suspension.

5

     (a)(1) Whenever any person who has been placed on probation by virtue of the suspension

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

 

1

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

2

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

3

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

4

     (2) The court shall set reasonable bail and may set other reasonable conditions of release.

5

In determining the bail and conditions, the alleged probation violator shall have the presumption

6

that the bail shall be set at personal recognizance; provided, in the event that the alleged probation

7

violator is accused of committing a crime of violence, as defined in this section, the alleged

8

probation violator may be held without bail if the court determines that, based on the totality of the

9

circumstances, including, but not limited to, the alleged probation violator's age, condition of

10

health, criminal record and the alleged facts of the new offense, there are no conditions or

11

combination of conditions of release that will ensure the appearance of the accused in court or

12

ensure the safety of the community.

13

     (3) For purposes of this section, "crime of violence" means murder, manslaughter, first

14

degree arson, kidnapping with intent to extort, first and second-degree robbery, first degree sexual

15

assault, first and second-degree child molestation, assault with intent to commit first degree sexual

16

assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual

17

assault or larceny and any domestic crime that has an element of violence.

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

imposed, or on a lesser sentence;

26

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

27

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

28

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

29

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

30

     SECTION 2. This act shall take effect upon passage.

========

LC005157

========

 

LC005157 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

***

1

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

2

before it as probation violators and establish a presumption of personal recognizance unless the

3

new alleged offense is a crime of violence as defined in the act.

4

     This act would take effect upon passage.

========

LC005157

========

 

LC005157 - Page 3 of 3