2023 -- S 0653 SUBSTITUTE A
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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 -- BAIL AND RECOGNIZANC E
Introduced By: Senators LaMountain, Burke, McKenney, Acosta, Mack, and Euer
Date Introduced: March 07, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and 1
Recognizance" is hereby amended to read as follows: 2
12-13-10. Deposit of money in lieu of bail. 3
Any person who is held in custody or committed upon a criminal charge, if entitled to be 4
released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court, 5
give before the court in which he or she is held to appear his or her personal recognizance to appear 6
and do as ordered by the court, and shall be allowed to deposit, either individually or by another on 7
his or her behalf, with the court in money ten percent (10%) of the amount of bail which he or she 8
is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and 9
upon delivery of the certificate to the officer in whose custody he or she is shall be released from 10
custody, and the money shall be deposited in the registry of the court before which the person shall 11
be recognized to appear. Consistent with Article 1, § 9 of the Rhode Island Constitution, the giving 12
of surety, or in the alternative the deposit with the court of ten percent (10%) of the amount of bail 13
set, shall be the sole monetary conditions of the release on bail, except as set forth herein. No court 14
shall require the deposit of cash as the sole monetary condition of the release on bail, except in 15
those cases where the defendant owes court-imposed restitution. Upon the default of the defendant, 16
the court before which he or she is recognized to appear may, at any time thereafter, order the 17
money deposited in the registry of the court be forfeited, subject to the provisions of §§ 12-13-16, 18
12-13-16.1 and 12-13-16.2, and the money shall be paid to the general treasurer. If money has been 19
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deposited and the defendant at any time before forfeiture shall appear before the court to which he 1
or she was recognized to appear, and shall surrender himself or herself, or shall recognize before 2
the court with sufficient surety or sureties, in such an amount, to appear and do as the court may 3
order, or be in any manner legally discharged, then the court shall order the return of the deposit to 4
the defendant. If the money remains on deposit at the time of a judgment ordering the payment of 5
restitution for the payment of a fine and costs, restitution, or any other assessment issued by the 6
court, the clerk must apply the money in satisfaction of the judgment judgement’s restitution order, 7
and after satisfying the order fine and costs, restitution, or any other assessment must refund the 8
money surplus, if any, to the defendant or to the individual who posted the money on behalf of the 9
defendant, as the case may be. 10
SECTION 2. This act shall take effect upon passage. 11
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANC E
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This act would require the clerk of the court to first apply bail money to an order of 1
restitution and then return any remaining bail money posted by the defendant or the person who 2
provided the bail money. 3
This act would take effect upon passage. 4
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