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
If enacted, S0733 would directly influence how probation violations are managed within the judicial system of Rhode Island. By requiring courts to favor personal recognizance and reasonable bail for probation violators, the bill aligns the treatment of these individuals more closely with the presumption of innocence until proven guilty. This represents a shift towards a more rehabilitative approach in the justice system, aiming to reduce the burdens on individuals charged with probation violations who are not accused of violent crimes.
Summary
S0733, introduced in the Rhode Island General Assembly, seeks to amend the criminal procedure related to probation violations. The legislation mandates that courts must set reasonable bail for individuals appearing before them for probation violations and establishes a presumption of personal recognizance for these individuals. This presumption would apply unless the new alleged offense is classified as a crime of violence, as defined by the act. The intent behind this bill is to facilitate more equitable treatment of probation violators, addressing concerns about excessive bail conditions.
Contention
One notable point of contention surrounding S0733 is the definition of 'crime of violence'. The bill outlines specific offenses, such as murder, assault, and domestic violence, that would lead to different treatment in terms of bail conditions. Opponents of the bill may argue that this distinction could complicate bail determinations and may not adequately consider the circumstances of individual cases, potentially leading to an inequitable application of the law. Supporters, however, emphasize the importance of presuming personal recognizance for those not accused of serious offenses, thus promoting fairness in the judicial process.
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.
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.
Provides any person charged with an offense for which bail may be denied that there is a presumption of dangerousness to the community and a risk of flight unless that presumption is rebutted by the defendant.
Increases sentences for carrying a firearm when committing a crime of violence and for possessing a stolen firearm and requires that a person convicted of these offenses serve a period of time in which they would not be eligible for parole or probation.
Establishes Rhode Island First Step program requiring DOC to assist offenders with reintegration into society, counseling, medical care, education, early sentence termination or pre-release confinement for elderly and terminally ill offenders.