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| 5 | 5 | | 2023 -- S 0411 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001588 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON |
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| 16 | 16 | | Introduced By: Senators Kallman, Euer, Acosta, Miller, Mack, Bell, Quezada, F. |
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| 17 | 17 | | Lombardi, Burke, and Lauria |
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| 18 | 18 | | Date Introduced: February 16, 2023 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence 1 |
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| 24 | 24 | | and Execution" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 12-19-14. Violation of terms of probation — Notice to court — Revocation or 3 |
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| 26 | 26 | | continuation of suspension. 4 |
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| 27 | 27 | | (a) Whenever any person who has been placed on probation by virtue of the suspension of 5 |
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| 28 | 28 | | execution of his or her sentence pursuant to § 12-19-13 violates the terms and conditions of his or 6 |
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| 29 | 29 | | her probation as fixed by the court by being formally charged with committing a new criminal 7 |
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| 30 | 30 | | offense, the police or department of corrections division of rehabilitative services shall cause the 8 |
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| 31 | 31 | | defendant to appear before the court. The department of corrections division of rehabilitative 9 |
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| 32 | 32 | | services shall determine when a technical violation of the terms and conditions of probation as fixed 10 |
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| 33 | 33 | | by the court that does not constitute a new criminal offense has occurred and shall cause the 11 |
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| 34 | 34 | | defendant to appear before the court. For technical violations, the division of rehabilitative services 12 |
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| 35 | 35 | | shall promptly render a written report relative to the conduct of the defendant, including, as 13 |
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| 36 | 36 | | applicable, a description of the clear and articulable public safety risk posed by a defendant accused 14 |
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| 37 | 37 | | of a technical violation, and, as available, the information contained in any report under § 12-13-15 |
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| 38 | 38 | | 24.1. The division of rehabilitative services may recommend that the time served up to that point 16 |
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| 39 | 39 | | is a sufficient response to a violation that is not a new, alleged crime. The court may order the 17 |
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| 40 | 40 | | defendant held without bail for a period not exceeding ten (10) days excluding Saturdays, Sundays, 18 |
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| 41 | 41 | | and holidays if the new criminal charge(s) constitutes a violent crime as defined in the Rhode Island 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001588 - Page 2 of 3 |
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| 45 | 45 | | General Laws, a domestic violence crime, or a crime involving driving under the influence or if the 1 |
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| 46 | 46 | | court determines in its discretion that public safety concerns and/or concerns regarding the 2 |
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| 47 | 47 | | defendant’s likelihood to appear before the court warrant holding the defendant without bail shall 3 |
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| 48 | 48 | | set reasonable bail in accordance with the bail guidelines adopted by the court. 4 |
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| 49 | 49 | | (b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by the 5 |
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| 50 | 50 | | defendant, to determine whether the defendant has violated the terms and conditions of his or her 6 |
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| 51 | 51 | | probation, at which hearing the defendant shall have the opportunity to be present and to respond. 7 |
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| 52 | 52 | | Upon a determination by a fair preponderance of the evidence that the defendant has violated the 8 |
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| 53 | 53 | | terms and conditions of his or her probation, the court, in open court and in the presence of the 9 |
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| 54 | 54 | | defendant, may as to the court may seem just and proper: 10 |
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| 55 | 55 | | (1) Revoke the suspension and order the defendant committed on the sentence previously 11 |
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| 56 | 56 | | imposed, or on a lesser sentence; 12 |
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| 57 | 57 | | (2) Impose a sentence if one has not been previously imposed; 13 |
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| 58 | 58 | | (3) Stay all or a portion of the sentence imposed after removal of the suspension; 14 |
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| 59 | 59 | | (4) Continue the suspension of a sentence previously imposed; or 15 |
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| 60 | 60 | | (5) Convert a sentence of probation without incarceration to a suspended sentence. 16 |
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| 61 | 61 | | SECTION 2. This act shall take effect upon passage. 17 |
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| 62 | 62 | | ======== |
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| 63 | 63 | | LC001588 |
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| 64 | 64 | | ======== |
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| 65 | 65 | | |
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| 66 | 66 | | |
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| 67 | 67 | | LC001588 - Page 3 of 3 |
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| 68 | 68 | | EXPLANATION |
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| 69 | 69 | | BY THE LEGISLATIVE COUNCIL |
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| 70 | 70 | | OF |
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| 71 | 71 | | A N A C T |
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| 72 | 72 | | RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON |
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| 73 | 73 | | *** |
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| 74 | 74 | | This act would require the court to set reasonable bail for all those individuals who appear 1 |
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| 75 | 75 | | before it as probation violators. 2 |
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| 76 | 76 | | This act would take effect upon passage. 3 |
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| 77 | 77 | | ======== |
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| 78 | 78 | | LC001588 |
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