2012 -- S 2642 SUBSTITUTE A

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LC01938/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES - PROCEDURE CORRECTIONS - JAILS AND

PRISONS

     Introduced By: Senators Nesselbush, P Fogarty, DeVall, DaPonte, and Sheehan

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-25-15 of the General Laws in Chapter 11-25 entitled "Jails and

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Prisons" is hereby amended as follows:

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     11-25-15. Imprisonment for failure to pay fines or costs or give recognizance. --

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Every person who has been or shall be committed or detained in the adult correctional institutions

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for the nonpayment of his or her fine or costs, or both, or for failure to give the recognizance in

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the amount required of him or her to keep the peace, shall be detained in the adult correctional

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institutions after that person has served his or her sentence of imprisonment, if any shall have

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been imposed, one day for each one hundred fifty dollars ($150) or any fraction of it, of the

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amount of his or her fine or costs, or both, or of the recognizance so required of and not furnished

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by that person. However, the director of corrections may order the release of any person held in

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the adult correctional institutions solely for the nonpayment of his or her costs on any terms that

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he or she shall fix for the payment of the costs by that person and any person so released may be

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caused to be reimprisoned by the director for his or her failure to observe the terms of the release,

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and his or her warrant for imprisonment shall be sufficient authority to all sheriffs, police officers,

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jailers, and the agents of the director to retake and detain the person who shall upon his or her

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return to the correctional institutions serve one day for each dollar or any fraction of it of his or

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her costs then unpaid.

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     11-25-15. Imprisonment for failure to appear at a court ordered hearing. – (a) This

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section shall apply to every person who has been or shall be detained at or in the adult

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correctional institutions for failure to appear at a court ordered ability to pay hearing. After that

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person has completed his or her detention for lack of bail for failure to appear at an ability to pay

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hearing, he or she shall receive a reduction in fines and fees owed to the court, if any, in the

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amount of fifty dollars ($50.00) per day served (or any fraction thereof) to be applied against the

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amount of his/her outstanding fines or costs, or both.

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     (b) Provided further, any person detained at the adult correctional institution for failure to

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appear who also claims an inability to pay his or her fines or costs shall be entitled to an

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evidentiary hearing in the district court within forty-eight (48) hours of the detention on the issue

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of ability to pay. Should the forty-eight (48) hours fall on a weekend or holiday, the hearing shall

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be scheduled on the next available court date. If, after the hearing, it is determined there is no

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ability to pay, then that person shall immediately be released from detention. This section shall

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not deter or preclude any available alternatives to payment of the fines or costs.

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     SECTION 2. This act shall take effect upon passage.

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LC01938/SUB A/3

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - PROCEDURE CORRECTIONS - JAILS AND

PRISONS

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     This act would amend the section of the general laws relative to failing to appear at a

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court ordered ability to pay hearing.

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     This act would take effect upon passage.

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LC01938/SUB A/3

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