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| 7 | 7 | | LC002048/SUB A |
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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 -- BAIL AND RECOGNIZANC E |
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| 16 | 16 | | Introduced By: Senators LaMountain, Burke, McKenney, Acosta, Mack, and Euer |
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| 17 | 17 | | Date Introduced: March 07, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and 1 |
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| 23 | 23 | | Recognizance" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 12-13-10. Deposit of money in lieu of bail. 3 |
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| 25 | 25 | | Any person who is held in custody or committed upon a criminal charge, if entitled to be 4 |
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| 26 | 26 | | released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court, 5 |
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| 27 | 27 | | give before the court in which he or she is held to appear his or her personal recognizance to appear 6 |
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| 28 | 28 | | and do as ordered by the court, and shall be allowed to deposit, either individually or by another on 7 |
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| 29 | 29 | | his or her behalf, with the court in money ten percent (10%) of the amount of bail which he or she 8 |
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| 30 | 30 | | is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and 9 |
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| 31 | 31 | | upon delivery of the certificate to the officer in whose custody he or she is shall be released from 10 |
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| 32 | 32 | | custody, and the money shall be deposited in the registry of the court before which the person shall 11 |
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| 33 | 33 | | be recognized to appear. Consistent with Article 1, § 9 of the Rhode Island Constitution, the giving 12 |
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| 34 | 34 | | of surety, or in the alternative the deposit with the court of ten percent (10%) of the amount of bail 13 |
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| 35 | 35 | | set, shall be the sole monetary conditions of the release on bail, except as set forth herein. No court 14 |
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| 36 | 36 | | shall require the deposit of cash as the sole monetary condition of the release on bail, except in 15 |
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| 37 | 37 | | those cases where the defendant owes court-imposed restitution. Upon the default of the defendant, 16 |
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| 38 | 38 | | the court before which he or she is recognized to appear may, at any time thereafter, order the 17 |
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| 39 | 39 | | money deposited in the registry of the court be forfeited, subject to the provisions of §§ 12-13-16, 18 |
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| 40 | 40 | | 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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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002048/SUB A - Page 2 of 3 |
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| 44 | 44 | | deposited and the defendant at any time before forfeiture shall appear before the court to which he 1 |
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| 45 | 45 | | or she was recognized to appear, and shall surrender himself or herself, or shall recognize before 2 |
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| 46 | 46 | | the court with sufficient surety or sureties, in such an amount, to appear and do as the court may 3 |
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| 47 | 47 | | order, or be in any manner legally discharged, then the court shall order the return of the deposit to 4 |
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| 48 | 48 | | the defendant. If the money remains on deposit at the time of a judgment ordering the payment of 5 |
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| 49 | | - | restitution or any assessment made pursuant to § 12-25-28 that has not been waived by the court 6 |
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| 50 | | - | for the payment of a fine and costs, restitution, or any other assessment issued by the court, the 7 |
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| 51 | | - | clerk must apply the money in satisfaction of the judgment judgement’s restitution order , or 8 |
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| 52 | | - | assessment and after satisfying the order or assessment fine and costs, restitution, or any other 9 |
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| 53 | | - | assessment must refund the money surplus, if any, to the defendant or to the individual who posted 10 |
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| 54 | | - | the money on behalf of the defendant, as the case may be. 11 |
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| 55 | | - | SECTION 2. This act shall take effect upon passage. 12 |
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| 49 | + | restitution for the payment of a fine and costs, restitution, or any other assessment issued by the 6 |
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| 50 | + | court, the clerk must apply the money in satisfaction of the judgment judgement’s restitution order, 7 |
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| 51 | + | and after satisfying the order fine and costs, restitution, or any other assessment must refund the 8 |
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| 52 | + | money surplus, if any, to the defendant or to the individual who posted the money on behalf of the 9 |
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| 53 | + | defendant, as the case may be. 10 |
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| 54 | + | SECTION 2. This act shall take effect upon passage. 11 |
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