Rhode Island 2023 Regular Session

Rhode Island House Bill H5571 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5571
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7	7	LC000799
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON
16	16	Introduced By: Representatives Batista, Potter, Alzate, Felix, and Craven
17	17	Date Introduced: February 15, 2023
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 12-19-9 of the General Laws in Chapter 12-19 entitled "Sentence and 1
23	23	Execution" is hereby amended to read as follows: 2
24	24	12-19-9. Violation of terms of probation — Notice to attorney general — Revocation 3
25	25	or continuation of suspension. 4
26	26	(a) Whenever any person who has been placed on probation pursuant to § 12-19-8 violates 5
27	27	the terms and conditions of his or her probation as fixed by the court, the police or the probation 6
28	28	authority shall inform the attorney general of the violation, and the attorney general shall cause the 7
29	29	defendant to appear before the court. The department of corrections division of rehabilitative 8
30	30	services shall promptly render a report relative to the conduct of the defendant, and the information 9
31	31	contained in any report under § 12-13-24.1. The division of rehabilitative services may recommend 10
32	32	that the time served up to that point is a sufficient response to a violation that is not a new alleged 11
33	33	crime. The court may order the defendant held without bail for a period not exceeding ten (10) 12
34	34	days, excluding Saturdays, Sundays, and holidays. The court shall release the defendant, pending 13
35	35	a probation violation hearing, upon his or her own recognizance, unless reasonable surety is 14
36	36	required to ensure the defendant’s appearance in court. 15
37	37	(b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the 16
38	38	defendant to determine whether the defendant has violated the terms and conditions of his or her 17
39	39	probation, at which hearing the defendant shall have the opportunity to be present and to respond. 18
40	40	Upon a determination by a fair preponderance of the evidence that the defendant has violated the 19
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44	44	terms and conditions of his or her probation, the court, in open court and in the presence of the 1
45	45	defendant, may: 2
46	46	(1) Remove the suspension and order the defendant committed on the sentence previously 3
47	47	imposed, or on a lesser sentence; 4
48	48	(2) Impose a sentence if one has not been previously imposed; 5
49	49	(3) Stay all or a portion of the sentence imposed after removal of the suspension; 6
50	50	(4) Continue the suspension of a sentence previously imposed; or 7
51	51	(5) Convert a sentence of probation without incarceration to a suspended sentence. 8
52	52	(c) The court shall sentence for a violation under subsection (b) of this section in 9
53	53	accordance with judicial sentencing benchmarks. 10
54	54	SECTION 2. This act shall take effect upon passage. 11
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61	61	EXPLANATION
62	62	BY THE LEGISLATIVE COUNCIL
63	63	OF
64	64	A N A C T
65	65	RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON
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67	67	This act would require the court to release probation violators on their own recognizance 1
68	68	unless it determines that some reasonable surety is required to ensure the defendant’s appearance 2
69	69	in court. 3
70	70	This act would take effect upon passage. 4
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