2023 -- S 0411
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LC001588
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON
Introduced By: Senators Kallman, Euer, Acosta, Miller, Mack, Bell, Quezada, F.
Lombardi, Burke, and Lauria
Date Introduced: February 16, 2023
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 1
and Execution" is hereby amended to read as follows: 2
12-19-14. Violation of terms of probation — Notice to court — Revocation or 3
continuation of suspension. 4
(a) Whenever any person who has been placed on probation by virtue of the suspension of 5
execution of his or her sentence pursuant to § 12-19-13 violates the terms and conditions of his or 6
her probation as fixed by the court by being formally charged with committing a new criminal 7
offense, the police or department of corrections division of rehabilitative services shall cause the 8
defendant to appear before the court. The department of corrections division of rehabilitative 9
services shall determine when a technical violation of the terms and conditions of probation as fixed 10
by the court that does not constitute a new criminal offense has occurred and shall cause the 11
defendant to appear before the court. For technical violations, the division of rehabilitative services 12
shall promptly render a written report relative to the conduct of the defendant, including, as 13
applicable, a description of the clear and articulable public safety risk posed by a defendant accused 14
of a technical violation, and, as available, the information contained in any report under § 12-13-15
24.1. The division of rehabilitative services may recommend that the time served up to that point 16
is a sufficient response to a violation that is not a new, alleged crime. The court may order the 17
defendant held without bail for a period not exceeding ten (10) days excluding Saturdays, Sundays, 18
and holidays if the new criminal charge(s) constitutes a violent crime as defined in the Rhode Island 19
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General Laws, a domestic violence crime, or a crime involving driving under the influence or if the 1
court determines in its discretion that public safety concerns and/or concerns regarding the 2
defendant’s likelihood to appear before the court warrant holding the defendant without bail shall 3
set reasonable bail in accordance with the bail guidelines adopted by the court. 4
(b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by the 5
defendant, to determine whether the defendant has violated the terms and conditions of his or her 6
probation, at which hearing the defendant shall have the opportunity to be present and to respond. 7
Upon a determination by a fair preponderance of the evidence that the defendant has violated the 8
terms and conditions of his or her probation, the court, in open court and in the presence of the 9
defendant, may as to the court may seem just and proper: 10
(1) Revoke the suspension and order the defendant committed on the sentence previously 11
imposed, or on a lesser sentence; 12
(2) Impose a sentence if one has not been previously imposed; 13
(3) Stay all or a portion of the sentence imposed after removal of the suspension; 14
(4) Continue the suspension of a sentence previously imposed; or 15
(5) Convert a sentence of probation without incarceration to a suspended sentence. 16
SECTION 2. This act shall take effect upon passage. 17
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON
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This act would require the court to set reasonable bail for all those individuals who appear 1
before it as probation violators. 2
This act would take effect upon passage. 3
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LC001588
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