2026 -- H 7280

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LC004338

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

     

     Introduced By: Representatives Place, Cruz, Potter, J. Lombardi, Newberry, Tanzi, Felix,
J. Brien, Hull, and Ajello

     Date Introduced: January 23, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 12-13 of the General Laws entitled "Bail and Recognizance" is

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hereby amended by adding thereto the following section:

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     12-13-26. Bail task force.

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     (a) Purpose. The purpose of this section is to analyze whether or not the judges of the

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district and superior courts:

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     (1) Should continue the use of monetary conditions of bail and if so, to what extent;

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     (2) To ensure that they have sufficiently robust, reliable, and effective options available to

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them that serve as alternatives to monetary conditions of bail that will ensure an accused’s

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appearance in court, enhance public safety, and honor the presumptions of innocence and non-

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monetary conditions of bail; and

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     (3) To further improve the already high quality of criminal justice in our state. In order to

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accomplish these goals, the general assembly creates a bail task force to study, identify, and

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recommend any necessary changes to current Rhode Island bail laws, court rules, procedures, and

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practices.

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     (b) Membership. The task force shall be comprised of the following ten (10) members or

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their designees:

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     (1) The chief justice of the Rhode Island supreme court who shall serve as the chairperson

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of the task force;

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     (2) The attorney general who shall serve as a co-chairperson of the task force;

 

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     (3) The public defender who shall serve as a co-chairperson of the task force;

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     (4) The president of the Rhode Island association of criminal defense lawyers;

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     (5) The president of the Rhode Island police chiefs’ association;

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     (6) The director of the Rhode Island department of corrections;

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     (7) The head of the economic progress institute;

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     (8) The president of Amos House;

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     (9) A representative of an impacted community appointed by the president of the senate

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and;

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     (10) A representative of an impacted community appointed by the speaker of the house.

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     (c) Vacancies in said task force shall be filled in like manner as the original appointment.

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     (d) The membership of said task force shall receive no compensation for their services.

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     (e) Consideration. In addressing the issues and related issues under consideration, the task

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force may:

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     (1) Access and consider any relevant information including, but not limited to:

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     (i) Testimony of witnesses including members of impacted communities;

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     (ii) Relevant data from any source that the task force deems appropriate and relevant; and

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     (iii) Compiled statistical information and any analyses of the data;

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     (2) Consult with experts in the criminal justice field; and

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     (3) Consider current procedures, practices, and training used in Rhode Island and other

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jurisdictions.

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     (f) Resources. All state agencies, entities, boards, and commissions shall fully cooperate

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with the task force by providing accurate and timely information upon request and the joint

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committee on legislative services is hereby authorized and directed to provide suitable quarters and

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services necessary for said task force.

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     (g) Procedures. The members of the task force shall meet and organize at the call of the co-

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chairpersons no later than September 1, 2026.

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     (h) Final report. Upon completion of its work the task force shall prepare a report

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containing its recommendations for any necessary changes to current Rhode Island bail law, court

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rules, procedures, and practices in the following areas:

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     (1) Continued use of monetary conditions of bail and if so, to what extent;

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     (2) The availability of sufficiently robust, reliable, and effective options that might serve

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as alternatives to monetary conditions of bail that shall ensure an accused’s appearance in court,

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enhance public safety, and honor the presumptions of innocence and non-monetary conditions of

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bail;

 

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     (3) Increased use of summons to appear in court rather than arrest;

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     (4) Increased use of home confinement;

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     (5) Use of reliable pre-trial risk assessment tools;

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     (6) Enhancing the availability of counsel at the initial appearance;

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     (7) In felony cases, enhancing and preserving the continuity of representation between the

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district and superior courts, providing effective notice to the defendant and counsel of upcoming

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court dates, and any information relative to changes in the information screening and charging

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process;

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     (8) Education and training for judges, clerks of the court, prosecutors, defense counsel, and

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other stakeholders;

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     (9) Effective use of pre-trial services; and

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     (10) Establishment of community bail funds.

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     (i) The final report shall be presented to the governor; the chief justice of the Rhode Island

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supreme court; the presiding justice of the superior court and presiding judge of the district court;

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the speaker of the house of representatives; the president of the senate; and the chairpersons of the

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judiciary committees of both the house of representatives and the senate no later than January 1,

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2028.

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     (j) Following the completion and submittal of the report as mandated in subsection (i) of

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this section, the task force shall continue to meet periodically in order to assess the impact of the

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recommendations it has made. A supplemental report from the task force shall be delivered in the

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same manner as its initial report but in no event, no later than July 1, 2029. The task force shall

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complete its supplemental report no later than May 1, 2030 and dissolve on July 1, 2030.

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     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 -- BAIL AND RECOGNIZANCE

***

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     This act would create a ten (10) member bail task force to study the need of monetary

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conditions of bail and to consider other methods for ensuring an accused’s appearance in court,

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enhance public safety and honor the presumption of innocence and to file a report by January 1,

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2028.

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     This act would take effect upon passage.

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