2025 -- H 6041
========
LC002335
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON
Introduced By: Representatives Batista, Felix, J. Lombardi, Potter, Cruz, Stewart, Alzate,
Morales, Shanley, and Solomon
Date Introduced: March 07, 2025
Referred To: House 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)(1) Whenever any person who has been placed on probation by virtue of the suspension 5
of execution of his or her sentence pursuant to § 12-19-13 violates the terms and conditions of his 6
or 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
LC002335 - Page 2 of 4
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. 3
(2) Except as provided in subsection (3) of this section, the court shall set reasonable bail 4
and may set other reasonable conditions of release. In determining the bail and conditions, the 5
alleged probation violator shall have the presumption that the bail on the alleged violation shall be 6
set at personal recognizance; provided, the court may require surety bail if, based on the totality of 7
the circumstances including, but not limited to, the alleged probation violator's age, condition of 8
health, criminal record and the alleged facts of the new offense, and bail set of the new offense, 9
that no other alternative will ensure the appearance of the accused in court or ensure the safety of 10
the community. 11
(3) In the event the alleged probation violator is accused of committing a crime of violence, 12
as defined in this section, the alleged probation violator may be held without bail if the court 13
determines, based on the totality of the circumstances including, but not limited to, the alleged 14
probation violator's age, condition of health, criminal record, the alleged facts of the new offense, 15
and bail set on the new offense, that no other alternative will ensure the appearance of the accused 16
in court or ensure the safety of the community. 17
(4) For purposes of this section, "crime of violence" means murder, manslaughter, first 18
degree arson, kidnapping with intent to extort, first and second-degree robbery, first degree sexual 19
assault, first and second-degree child molestation, assault with intent to commit first degree sexual 20
assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual 21
assault or larceny and any domestic crime that has an element of violence. 22
(b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by the 23
defendant, to determine whether the defendant has violated the terms and conditions of his or her 24
probation, at which hearing the defendant shall have the opportunity to be present and to respond. 25
Upon a determination by a fair preponderance of the evidence that the defendant has violated the 26
terms and conditions of his or her probation, the court, in open court and in the presence of the 27
defendant, may as to the court may seem just and proper: 28
(1) Revoke the suspension and order the defendant committed on the sentence previously 29
imposed, or on a lesser sentence; 30
(2) Impose a sentence if one has not been previously imposed; 31
(3) Stay all or a portion of the sentence imposed after removal of the suspension; 32
(4) Continue the suspension of a sentence previously imposed; or 33
(5) Convert a sentence of probation without incarceration to a suspended sentence. 34
LC002335 - Page 3 of 4
SECTION 2. This act shall take effect upon passage. 1
========
LC002335
========
LC002335 - Page 4 of 4
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTI ON
***
This act would require the court to set reasonable bail for all those individuals who appear 1
before it as probation violators and establish a presumption of personal recognizance unless the 2
new alleged offense is a crime of violence as defined in the act. 3
This act would take effect upon passage. 4
========
LC002335
========