2013 -- S 0657

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LC01668

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE -- PROBATION AND PAROLE

     

     

     Introduced By: Senators McCaffrey, and Walaska

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-19-8 of the General Laws in Chapter 12-19 entitled "Sentence

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and Execution" is hereby amended to read as follows:

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     12-19-8. Suspension of sentence and probation by superior or district court. -- (a)

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Except where the suspension of sentence shall otherwise be prohibited by law, whenever any

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defendant shall appear for sentence before the superior or district court, the court may impose a

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sentence and suspend the execution of the sentence, in whole or in part, or place the defendant on

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probation without the imposition of a suspended sentence. The suspension shall place the

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defendant on probation for the time and on any terms and conditions that the court may fix.

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      (b) The period of probation, where no sentence is imposed or where sentence is entirely

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suspended, may be for any period up to the maximum time of sentence provided by applicable

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statutes. Where sentence is imposed and suspended in part, the term ordered to be served and the

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period of probation together shall not exceed the maximum time of sentence provided by

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applicable statutes.

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     (c) At any time during the term of a sentence imposed, the probation and parole unit of

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the department of corrections may seek permission of the superior or district court to impose

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additional conditions of probation upon the defendant to provide for more effective supervision of

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the defendant. Failure of the defendant to comply with the additional conditions of probation will

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result in a violation of probation being filed in accordance with the provisions of section 12-19-9.

     

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SECTION 2. This act shall take effect upon passage.

     

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LC01668

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- PROBATION AND PAROLE

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     This act would grant the probation and parole unit of the department of corrections

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additional input on probation conditions for more effective supervision.

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     This act would take effect upon passage.

     

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LC01668

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S0657