2026 -- S 2161

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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 -- SENTENCE AND EXECUTION

     Introduced By: Senators Kallman, Quezada, Mack, Vargas, Paolino, Acosta, Euer,
Zurier, Urso, and McKenney

     Date Introduced: January 16, 2026

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

and Execution" is hereby amended to read as follows:

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

continuation of suspension.

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

execution of his or her sentence pursuant to § 12-19-13 violates is believed to have violated the

terms and conditions of his or her probation as fixed by the court by being formally charged with

committing a new criminal offense, the police or department of corrections division of

rehabilitative services shall cause the defendant to appear before the court. The department of

corrections division of rehabilitative services shall determine when a technical violation of the

terms and conditions of probation as fixed by the court that does not constitute a new criminal

offense has occurred and shall cause the defendant to appear before the court. For technical

violations, the division of rehabilitative services shall promptly render a written report relative to

the conduct of the defendant, including, as applicable, a description of the clear and articulable

public safety risk posed by a defendant accused of a technical violation, and, as available, the

information contained in any report under § 12-13-24.1. The division of rehabilitative services may

recommend that the time served up to that point is a sufficient response to a violation that is not a

new, alleged crime. The court may order the defendant held without bail for a period not exceeding

ten (10) days excluding Saturdays, Sundays, and holidays if the new criminal charge(s) constitutes

a violent crime as defined in the Rhode Island General Laws, a domestic violence crime, or a crime

involving driving under the influence or if the court determines in its discretion that public safety

concerns and/or concerns regarding the defendant’s likelihood to appear before the court warrant

holding the defendant without bail.

     (b) Whenever any person accused of violating the terms and conditions of his or her

probation is caused to appear before the court, the court shall set reasonable bail and may set other

reasonable conditions of release. In all cases involving a violation that does not constitute a new

criminal offense or an alleged violation involving low level substance use, there shall be a

presumption of release pending a defendant’s probation violation hearing. If the court believes that

the defendant presents a substantial risk of failing to appear at the probation violation hearing, then

the court shall place forward any non-monetary conditions deemed necessary for reasonable surety.

     (c) The court shall only detain the defendant if the court believes, based on the totality of

the circumstances, that the defendant presents a threat to the community or themselves or if no non-

monetary conditions or combination of conditions in the community will reasonably assure the

defendant’s appearance at the probation violation hearing. The court may consider factors

including, but not limited to, the alleged probation violator’s age, condition of health, criminal

record, the alleged facts of the new offense, and the bail set for the new offense. The court shall

explain its reasoning for denying release in writing or on the record.

     (b)(d) The court shall conduct a hearing within thirty (30) days of arrest; provided that, in

the event that the alleged probation violator was held without bail pursuant to this section, the

hearing shall take place within ten (10) days not including holidays, Saturdays, or Sundays, unless

waived by the defendant alleged probation violator, to determine whether the defendant violator

has violated the terms and conditions of his or her probation, at which hearing the defendant violator

shall have the opportunity to be present and to respond. Upon a determination by a fair

preponderance of the evidence that the defendant violator has violated the terms and conditions of

his or her probation, the court, in open court and in the presence of the defendant violator, may as

to the court may seem just and proper:

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

imposed, or on a lesser sentence;

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

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

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

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

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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 -- SENTENCE AND EXECUTION

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     This act would require courts to presume release for most probation violations, set

reasonable bail or non-monetary conditions, limit detention to cases of risk or danger, require

prompt hearings, and mandate written reasons for detention.

     This act would take effect upon passage.

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