2014 -- S 2586

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     

     Introduced By: Senator Michael J.McCaffrey

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Corrections)

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 modify a

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defendant's conditions of probation set at the time of sentence by either imposing additional

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conditions of probation or removing previously imposed conditions of probation to provide for

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more effective supervision of the defendant. Failure of the defendant to comply with modified

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conditions of probation may result in a violation of probation being filed pursuant to ยง 12-19-9.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

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     This act would allow for the probation and parole unit of the department of corrections to

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seek permission from the superior or district court to modify a defendant's conditions of probation

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to more effectively supervise the defendant.

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     This act would take effect upon passage.

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