2019 -- H 5088

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - BAIL AND RECOGNIZANCE

     

     Introduced By: Representatives Barros, Knight, Shanley, Millea, and Blazejewski

     Date Introduced: January 10, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-10-6 of the General Laws in Chapter 12-10 entitled "Preliminary

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Proceedings in District Courts" is hereby amended to read as follows:

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     12-10-6. Recognizance or commitment on charge of offense beyond trial jurisdiction

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of district court.

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     Whenever any person shall be brought before the district court upon a complaint charging

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him or her with an offense which is not within the jurisdiction of the court to try and determine,

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and it shall appear to the court that the accused is probably guilty, the court shall, if the offense is

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bailable by it, require the accused to abide by conditions of pretrial release, as defined in §12-13-

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1.3, or to enter into a recognizance in any sum that the court shall direct, with sufficient surety to

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be approved by the court, with condition that the accused will appear at the superior court for the

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county in which the division is situated at the time fixed for the attendance of the grand jury in

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that court which is next after seven (7) days from the day when the recognizance was ordered,

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and not to depart the superior court without leave, and in the meantime keep the peace and be of

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good behavior toward all the people of this state. The recognizance shall be immediately certified

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as soon as may be by the district court to the court before which the accused shall recognize to

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appear. Whenever the district court shall require any person to enter into a recognizance for his or

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her appearance before it or before any other court, and shall not give the recognizance, the person

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shall be immediately committed to the adult correctional institutions, there to remain until he or

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she is discharged pursuant to law. If the required recognizance is for the appearance of the

 

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accused before the superior court, the fact of the commitment shall be immediately certified to the

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superior court before which the accused has been held to appear.

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     SECTION 2. Sections 12-13-1, 12-13-1.3 and 12-13-24.1 of the General Laws in Chapter

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

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     12-13-1. Right to release pending trial on giving of recognizance.

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     Every person who is held on any criminal process to answer to any indictment,

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information, or complaint against him or her shall be released upon conditions of pretrial release

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as defined in §12-13-1.3, or upon giving recognizance with sufficient surety or sureties before a

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justice of the supreme or superior court or before a justice of the district court, when the

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complaint is pending in that court or the person is held to answer to that court, in the sum named

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in the process, if any has been named in it, and if none is named, then in any sum that the justice

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shall deem reasonable, to appear before the court where the indictment, information, or complaint

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is pending against him or her, or to which he or she may be bound over to appear, to answer to

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the indictment, information, or complaint, and to answer to it whenever called upon so to do, and

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abide the final order of the court, and in the meantime keep the peace and be of good behavior.

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Any justice may take the recognizance in any place within the state, and the recognizance shall be

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returned to the court to which the accused has recognized to appear.

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     12-13-1.3. Pretrial release.

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     (a) Unless otherwise provided, a detainee shall be eligible for pretrial release or reduced

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bail if he or she fails to post bail.

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     (b) "Pretrial release" means release of a defendant without bail but upon an order to abide

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by the conditions as set by the court. Release on non-monetary conditions shall be applied to

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secure the presence of the accused and protect the safety of the community.

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     (c) The department of corrections or pretrial services shall collect information concerning

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the background and circumstances of the pretrial detainee. The department's investigation shall

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include the following information and any other factors as shall be appropriate to the case:

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     (1) Marital status.

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     (2) Name and address of dependents.

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     (3) Past and present employment, including place of employment, position held and

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length of employment.

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     (4) Whether the defendant is under the care of a licensed physician or uses medication

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prescribed by a licensed physician.

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     (5) Any physical or mental condition affecting the defendant's behavior.

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     (6) Education.

 

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     (7) Prior criminal record, including facts indicating that the defendant is likely to be a

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danger to the community if released without restrictions.

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     (8) Prior court appearances and record of appearance or non-appearance.

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     (9) Ties to this community and to other communities.

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     (10) Financial resources.

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     (d) If, as a result of this investigation, the department of corrections or pretrial services

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concludes that the pretrial detainee is an appropriate candidate to be considered by the court for

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pretrial release or reduced bail, the department or pretrial services shall present its findings to the

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court.

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     (e) Upon a determination by the court that a defendant is suitable for release on

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recognizance subject to conditions set by the court, the court in its discretion may also impose the

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least onerous of the following conditions necessary to assure the defendant's appearance in court:

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     (1) Imposition of condition of release involving field supervision with or without special

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conditions. Field supervision shall require notification to defendants released prior to trial of their

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court dates.

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     (2) Imposition of condition of release involving placement of defendant on intensive

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supervision, with or without special conditions. Intensive supervision shall require contact with

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the officials designated by the courts and prompt notification to the court of all apparent

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violations of pre-trial release conditions or arrest of persons released to its custody.

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     (3) Imposition of a condition of release involving placement of the defendant on

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community confinement pursuant to § 42-56-20.2.

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     (4) There shall be a presumption that any conditions of release imposed shall be non-

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monetary in nature and the court shall impose the least restrictive conditions or combination of

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conditions necessary to reasonably assure the appearance of the defendant for further court

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proceedings and protect the integrity of the judicial proceedings from a specific threat to a

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witness or participant. Conditions of release may include, but not be limited to, electronic home

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monitoring, curfews, drug counseling, no contact orders with any named victim and/or witness,

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and in-person reporting. The court shall consider the defendant's socio-economic circumstance

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when setting conditions of release or imposing monetary bail.

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     (f) This section shall not be construed to preclude review by the court of a defendant's

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bail status at any time.

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     12-13-24.1. Pretrial services unit.

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     (a) Creation of unit; definitions. There is created within the superior court and district

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court a pretrial services unit to provide pre-arraignment and post-arraignment services to

 

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defendants.

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     (1) "Pre-arraignment report" may include:

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     (i) The results of a risk screen;

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     (ii) For a defendant who scores as high risk on the risk screen, additional validated

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screens for mental health and substance use needs, to determine whether more in-depth

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assessment is needed post-arraignment; and

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     (iii) For a defendant charged with a domestic violence offense under § 12-29-2, and who

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has prior domestic violence offenses or other indications of risk, a lethality or dangerousness

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assessment.

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     (2) "Post-arraignment service" includes completion of the pre-arraignment report, a post-

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arraignment report, if necessary, and monitoring of defendants released on conditions that are

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informed by the pre-arraignment report, including substance abuse treatment referrals and testing;

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referrals to the home confinement program; employment referrals; and any other referrals that

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may be necessary to carry out the intent of this section.

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     (3) "Risk screen" means a validated, empirically based pretrial risk tool composed of a

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brief set of questions that may be answered without interviewing the defendant and are designed

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to predict failure to appear and risk to re-offend.

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     (4) "Risk assessment tool" means an empirically validated, evidence-based screening

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instrument that demonstrates reduced instances of a defendant's failure to appear for further court

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proceedings or prevents future criminal activity. Such risk assessment tool shall not discriminate

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on the basis of race, gender, education level, socio-economic status, or neighborhood.

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     (b) Pre-arraignment report. Whenever any person shall be taken into custody by any

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peace officer for the purpose of bringing that person before a court for arraignment or any other

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proceeding which may result in that person being detained pending a final adjudication of the

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charge, if the person is charged with a felony, or a misdemeanor domestic violence offense under

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§ 12-29-2 and has prior domestic violence offenses or other indications of risk, the pretrial

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services unit shall, time permitting, prepare a pre-arraignment report to assist the court in

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establishing bail for a defendant by assessing the defendant's likelihood of appearing at future

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court proceedings or determining if the defendant poses a real and present threat to the physical

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safety of any person or persons, and any post-arraignment screening of the accused deemed

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necessary by the court or the pretrial services unit, and shall. Pretrial services shall obtain relevant

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information, records, and documents that may be useful to the judicial officer in determining the

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form and type of recognizance and conditions placed on the defendant.

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     (c) Delivery of report. The pre-arraignment report and any post-arraignment screening

 

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shall be immediately delivered to the judicial officer before whom the accused shall be brought

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for the purpose of determining the form and conditions of recognizance.

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     (d) [Deleted by P.L. 2017, ch. 342, § 4 and P.L. 2017, ch. 353, § 4].

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     (e) Confidentiality of communications. The accused shall be advised orally and in a

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written waiver form for the signature of the accused that he or she has the right to remain silent

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and may voluntarily decline to respond to any or all questions that may be put by representatives

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of the pretrial services unit. Communications between the accused and representatives of the

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pretrial services unit shall be considered confidential pursuant to § 12-13-24.

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     SECTION 3. This act shall take effect on January 1, 2020.

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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 establish procedures for the Supreme, Superior and District Courts to

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establish non-monetary bail for pretrial release of detainees who are deemed eligible following an

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investigation and report submitted by the pretrial services unit utilizing the risk assessment tool

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established hereunder.

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      This act would take effect on January 1, 2020.

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