Requires the court to set reasonable bail for all those individuals who appear before it as probation violators and establish a presumption of personal recognizance unless the new alleged offense is a crime of violence as defined in the act.
Impact
The enactment of S2776 would alter existing laws regarding sentencing and bail, particularly focusing on individuals who have violated their probation. By creating a presumption of personal recognizance, the bill hopes to alleviate the burden on the courts and the penal system by reducing the number of individuals held without bail for technical violations. This reform could lead to a more rehabilitative approach toward managing probationers, rather than solely punitive measures, thereby reflecting a shift in legislative focus towards rehabilitation over incarceration.
Summary
Bill S2776 focuses on reforming the procedures surrounding probation violations and the setting of bail in Rhode Island. It mandates that courts establish reasonable bail conditions for individuals appearing as probation violators, establishing a presumption of personal recognizance for these individuals. This bill aims to ensure that probation violators are given fair treatment in the judicial system, particularly when their new alleged offenses do not constitute crimes of violence as defined by the act. The implications of this bill are significant, potentially leading to a shift in how probationers are treated within the legal system.
Contention
While the bill has its supporters, it could generate debate among lawmakers and constituents alike. Advocates for criminal justice reform may view it as a necessary step toward a more humane treatment of probation violators. However, concerns may arise regarding public safety and the risks of releasing individuals who have committed violations. The definition of what constitutes a 'crime of violence' is particularly contentious, as it impacts who may not benefit from the presumption of personal recognizance, potentially creating divides among legislators based on differing views of public safety and justice.