2024 -- S 2776 | |
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LC005157 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION | |
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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 |
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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. |
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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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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. |
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