2018 -- S 2590

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

     Introduced By: Senators Archambault, Metts, Lombardi, Jabour, and Lynch Prata

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

and Execution" is hereby amended to read as follows:

     12-19-19. Sentencing on plea of guilty or nolo contendere -- Deferment of sentence.

     (a) Whenever any person is arraigned before the superior court and pleads guilty or nolo

contendere, he or she may be at any time sentenced by the court; provided, that if at any time the

court formally defers sentencing, then the person and the court shall enter into a written deferral

agreement to be filed with the clerk of the court. The court may also defer sentencing in

accordance with this section. When a court formally defers sentence, the court may only impose

sentence up to five (5) years from and after the date of the written deferral agreement of the date

of the person's plea of guilty or nolo contendere, unless during the required period, the person

shall be declared to have violated the terms and conditions of the deferment pursuant to

subsection (b) in which event the court may impose sentence.

     (b) The court may require that the person agreeing to said deferment of sentence shall not

violate any condition of the written deferral agreement. It shall be an express condition of any

deferment of sentence in accordance with this section that the person receiving a deferment of

sentence shall at all times during the period of deferment keep the peace and be of good behavior.

A violation of any condition set forth by the written deferral agreement the court shall violate the

terms and conditions of the deferment of sentence and the court may impose a sanction or impose

sentence. The determination of whether a violation has occurred shall be made by the court in

accordance with procedures relating to violation of probation in court rules and §§ 12-19-2 and

12-19-14.

     (c) If a person, after the completion of the deferment period is determined by the court to

have kept the peace and been of good behavior and obeyed all conditions imposed by the court,

after a hearing to have complied with all of the terms and conditions of the deferral agreement

including, but not limited to, the payment in full of any court-ordered fines, fees, costs,

assessments, and restitution to victims of crime, then the person shall become immediately

eligible for consideration for expungement pursuant to the provisions of §§ 12-1.3-2 and 12-1.3-

3.

     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 remove the requirement that the attorney general consent to a deferment

of sentencing in a written deferral agreement, and grant the superior court traditional discretion in

sentencing matters.

     This act would take effect upon passage.

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