2017 -- S 1028

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LC003017

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

     Introduced By: Senator Stephen R. Archambault

     Date Introduced: September 19, 2017

     Referred To: Placed on Senate Calendar

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-13-10, 12-13-16 and 12-13-16.1 of the General Laws in

Chapter 12-13 entitled "Bail and Recognizance" are hereby amended to read as follows:

     12-13-10. Deposit of money in lieu of bail. -- Any person who is held in custody or

committed upon a criminal charge, if entitled to be released on bail, may at any time, instead of

giving surety or sureties, in the discretion of the court, give before the court in which he or she is

held to appear his or her personal recognizance to appear and do as ordered by the court, and shall

be allowed to deposit, either individually or by another on his or her behalf, with the court in

money ten percent (10%) of the amount of bail which he or she is ordered to furnish, and the

justice or clerk of the court shall give him or her a certificate, and upon delivery of the certificate

to the officer in whose custody he or she is shall be released from custody, and the money shall be

deposited in the registry of the court before which the person shall be recognized to appear.

Consistent with Article 1, § 9 of the Rhode Island Constitution the giving of surety or in the

alternative the deposit with the court of ten percent (10%) of the amount of bail set shall be the

sole monetary conditions of the release on bail, except as set forth herein. No court shall require

the deposit of cash as the sole monetary condition of the release on bail, except in those cases

where the defendant owes court-imposed restitution. Upon the default of the defendant the court

before which he or she is recognized to appear may, at any time thereafter, order the money

deposited in the registry of the court or in the discretion of the court the entire amount of the bail

set to be forfeited, subject to the provisions of §§12-13-16, 12-13-16.1 and 12-13-16.2, and the

money shall be paid to the general treasurer. If money has been deposited and the defendant at

any time before forfeiture shall appear before the court to which he or she was recognized to

appear, and shall surrender himself or herself, or shall recognize before the court with sufficient

surety or sureties, in such an amount, to appear and do as the court may order, or be in any

manner legally discharged, then the court shall order the return of the deposit to the defendant. If

the money remains on deposit at the time of a judgment for the payment of a fine and costs,

restitution, or any other assessment issued by the court, the clerk must apply the money in

satisfaction of the judgment, and after satisfying the fine and costs, restitution, or any other

assessment must refund the surplus, if any, to the defendant or to the individual who posted the

money on behalf of the defendant, as the case may be.

     12-13-16. Process on default of recognizance. -- (a) Whenever any person under

recognizance shall fail to perform the condition of his or her recognizance, or failed to appear as

required by the terms and conditions of their bail or recognizance, the default shall be recorded

and process shall be issued against the persons bound in the recognizance, or those of them as the

attorney general shall direct.

     (b) No process for forfeiture of bail nor any petition for forfeiture of bail may be filed by

the attorney general, or designee, or otherwise initiated prior to the expiration of forty-five (45)

days after any warrant issued by any court has been entered into the court's database, the database

of the bureau of criminal identification (BCI) for the state of Rhode Island and the database for

the National Crime Information Center (NCIC).

     12-13-16.1. Forfeiture of bail. -- (a) In any criminal case, whenever, after a hearing, it

has been shown to the satisfaction of the court that the defendant has left the jurisdiction of the

court or has failed to appear as required or has failed to perform the condition of his or her

recognizance, the court shall order that the bail and/or any security for bail be forfeited.

     (b) Any person who has had bail posted with the assistance of a licensed bondsperson,

and who is subsequently arrested on a bench warrant and brought before the court, or who fails to

appear and is subsequently brought before the court without the intervention of or through a

licensed bondsperson, shall not be released by the court on the same bail unless and until the

licensed bondsperson who posted the original bail has been notified and been provided an

opportunity to be heard regarding the licensed bondsperson's willingness to continue as surety for

the defendant/bailee. The court may however release the defendant within twenty-four (24) hours

if the licensed bondsperson cannot be located or otherwise fails to appear to address the court

relative to the original bail.

     SECTION 2. Chapter 12-13 of the General Laws entitled "Bail and Recognizance" is

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hereby amended by adding thereto the following section:

     12-13-16.2. Forfeiture of bail -- Licensed bondsperson. -- (a) In any criminal case,

whenever a forfeiture of bail has been ordered pursuant to §12-13-16.1 and where the bail and/or

security for bail has been posted by a licensed bondsperson registered with the court, the court

shall only order an amount to be forfeited up to, but not more than ten percent (10%) of the

original bail set and pledged as surety.

     (b) Subsequent to any forfeiture of bail pursuant to §12-13-16.2(a) and prior to the

forfeiture of further surety pledged by a licensed bondsperson provided herein, the court shall:

     (1) Provide the licensed bondsperson a period of time equal to six (6) months to return

the fugitive to the court before further pledged surety shall be forfeited. Before ordering further

forfeiture the court shall conduct a hearing and provide the licensed bondsperson an opportunity

to demonstrate all reasonable actions the bondperson took to locate, apprehend, and return the

fugitive to the court. The court shall consider the due diligence of the licensed bondsperson in

determining how much, if any, of the remaining amount of surety the bondsperson shall be

ordered to forfeit for the failure or inability to locate, apprehend and return the fugitive to the

court. The court at that time may provide the licensed bondsperson with additional time in which

to locate and return the fugitive.

     (2) In the event that the licensed bondsperson fails or is unable to locate and return the

fugitive, the court may order an amount to be forfeited up to, but not more than, ten percent

(10%) of the original bail set and pledged as surety, plus the reasonable expenses incurred by the

state in attempting to locate and apprehend the fugitive; and provided; further, that if the fugitive

is found and presented before the court within six (6) months of the issuance of the warrant, there

shall be no forfeiture.

     (3) The bondsperson shall be responsible to pay all fees and costs associated with the

entry of any warrant into the BCI or the NCIC prior to its entry into either database as required in

§12-13-16(b). Upon request of the bondsperson, the clerk of the court shall provide a certified

copy of the arrest warrant to the bondsperson without charge to insure the bondsperson's ability to

locate, apprehend and return the fugitive from outside the state of Rhode Island.

     SECTION 3. 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 -- BAIL AND RECOGNIZANCE

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     This act would limit the amount of bail that may be forfeited by the court upon a

defendant's violation of the terms and conditions of their bail, to ten percent (10%) of the surety

deposited with the court and would provide a licensed bondsperson additional time in which to

locate and return a fugitive to the court before ordering further forfeiture of any surety posted. It

would provide that the attorney general be prevented from filing a petition or beginning process

to forfeit bail until at least forty-five (45) days have passed from the entry of an arrest warrant

into the court’s database and the databases of the Bureau of Criminal Identification and National

Crime Information Center. In the event that the licensed bondsperson fails or is unable to locate

and return the fugitive to the court, the court may order the forfeiture of the balance of any

amount deposited by the bondsperson less reasonable expenses incurred by the state in attempting

to return the fugitive.

     This act would take effect upon passage.

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