Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0375 Compare Versions

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

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5	5	2023 -- S 0375
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7	7	LC000417
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE - BAIL AND RECOGNIZANCE
16	16	Introduced By: Senators Quezada, Euer, DiMario, Cano, Acosta, Lawson, Miller,
17	17	Valverde, Kallman, and Bell
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Judiciary
20	20
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 12-13-1.3 of the General Laws in Chapter 12-13 entitled "Bail and 1
24	24	Recognizance" is hereby amended to read as follows: 2
25	25	12-13-1.3. Pretrial release. 3
26	26	(a) Unless otherwise provided, a detainee shall be eligible for pretrial release or reduced 4
27	27	bail if he or she fails to post bail. 5
28	28	(b) If the arrested person is charged with no offense other than a misdemeanor, the court 6
29	29	may not impose financial conditions of release on the person unless the person is charged with a 7
30	30	domestic violence offense under chapter 29 of title 12; the person requests such financial 8
31	31	conditions; or the court makes a finding on the record that there is a likely risk that: 9
32	32	(1) The arrested person will fail to appear in the court, as required; or 10
33	33	(2) The arrested person will obstruct or attempt to obstruct justice, or threaten, injure or 11
34	34	intimidate or attempt to threaten, injure or intimidate a prospective witness or juror. In making a 12
35	35	finding described in this subsection, the court shall consider information it receives pursuant to § 13
36	36	12-13-24.1. 14
37	37	(b)(c) “Pretrial release” means release of a defendant without bail but upon an order to 15
38	38	abide by the conditions as set by the court. Release on non-monetary conditions shall be applied to 16
39	39	secure the presence of the accused and protect the safety of the community. 17
40	40	(c)(d) The department of corrections shall collect information concerning the background 18
41	41	and circumstances of the pretrial detainee. The department’s investigation shall include the 19
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45	45	following information and any other factors as shall be appropriate to the case: 1
46	46	(1) Marital status. 2
47	47	(2) Name and address of dependents. 3
48	48	(3) Past and present employment, including place of employment, position held and length 4
49	49	of employment. 5
50	50	(4) Whether the defendant is under the care of a licensed physician or uses medication 6
51	51	prescribed by a licensed physician. 7
52	52	(5) Any physical or mental condition affecting the defendant’s behavior. 8
53	53	(6) Education. 9
54	54	(7) Prior criminal record, including facts indicating that the defendant is likely to be a 10
55	55	danger to the community if released without restrictions. 11
56	56	(8) Prior court appearances and record of appearance or non-appearance. 12
57	57	(9) Ties to this community and to other communities. 13
58	58	(10) Financial resources. 14
59	59	(d)(e) If, as a result of this investigation, the department of corrections concludes that the 15
60	60	pretrial detainee is an appropriate candidate to be considered by the court for pretrial release or 16
61	61	reduced bail, the department shall present its findings to the court. 17
62	62	(e)(f) Upon a determination by the court that a defendant is suitable for release on 18
63	63	recognizance subject to conditions set by the court, the court in its discretion may also impose the 19
64	64	least onerous of the following conditions necessary to assure the defendant’s appearance in court: 20
65	65	(1) Imposition of condition of release involving field supervision with or without special 21
66	66	conditions. Field supervision shall require notification to defendants released prior to trial of their 22
67	67	court dates. 23
68	68	(2) Imposition of condition of release involving placement of defendant on intensive 24
69	69	supervision, with or without special conditions. Intensive supervision shall require contact with the 25
70	70	officials designated by the courts and prompt notification to the court of all apparent violations of 26
71	71	pre-trial release conditions or arrest of persons released to its custody. 27
72	72	(3) Imposition of a condition of release involving placement of the defendant on 28
73	73	community confinement pursuant to § 42-56-20.2. 29
74	74	(f)(g) This section shall not be construed to preclude review by the court of a defendant’s 30
75	75	bail status at any time. 31
76	76	SECTION 2. This act shall take effect upon passage. 32
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83	83	EXPLANATION
84	84	BY THE LEGISLATIVE COUNCIL
85	85	OF
86	86	A N A C T
87	87	RELATING TO CRIMINAL PROCEDURE - BAIL AND RECOGNIZANC E
88	88	***
89	89	This act would provide that a person arrested for a misdemeanor shall be released without 1
90	90	a financial condition unless the misdemeanor is for domestic violence or the court makes a finding 2
91	91	on the record that there is a likely risk the arrested person will fail to appear in court or will obstruct 3
92	92	justice or attempt to injure or intimidate a witness. 4
93	93	This act would take effect upon passage. 5
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