2019 -- H 5196

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LC000892

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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 - COSTS

     Introduced By: Representatives Blazejewski, Diaz, Ruggiero, Barros, and Slater

     Date Introduced: January 25, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-20-10 of the General Laws in Chapter 12-20 entitled "Costs" is

hereby amended to read as follows:

     12-20-10. Remission of costs -- Prohibition against remitting restitution to victims of

crime -- Ability to pay -- Indigency.

     (a) The payment of costs in criminal cases may, upon application, be remitted by any

justice of the superior court; provided, that any justice of a district court may, in his or her

discretion, remit the costs in any criminal case pending in his or her court, or in the case of any

prisoner sentenced by the court, and from which sentence no appeal has been taken.

Notwithstanding any other provision of law, this section shall not limit the court's inherent power

to remit any fine, fee, assessment or other costs of prosecution, provided no order of restitution

shall be suspended by the court.

     (b) For purposes of §§ 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv) and 21-

28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and

limited ability to pay:

     (1) Qualification for and/or receipt of any of the following benefits or services by the

defendant:

     (i) temporary assistance to needy families

     (ii) social security including supplemental security income and state supplemental

payments program;

     (iii) public assistance

     (iv) disability insurance; or

     (v) food stamps; or

     (vi) qualifying for the services of the public defender as an "indigent person" pursuant to

§ 12-15-8 of the general laws.

     (2) Despite the defendant's good faith efforts to pay, outstanding court orders for payment

in the amount of one-hundred dollars ($100) or more for any of the following:

     (i) restitution payments to the victims of crime;

     (ii) child support payments; or

     (iii) payments for any counseling required as a condition of the sentence imposed

including, but not limited to, substance abuse, mental health, and domestic violence.

     (3) When the procedures prescribed by § 12-21-20 to determine a defendant's ability to

pay are not performed by the court.

     SECTION 2. Section 12-21-20 of the General Laws in Chapter 12-21 entitled "Recovery

of Fines, Penalties, and Forfeitures" is hereby amended to read as follows:

     12-21-20. Order to pay costs and determination of ability to pay.

     (a) If, upon any complaint or prosecution before any court, the defendant shall be ordered

to pay a fine, enter into a recognizance or suffer any penalty or forfeiture, he or she shall also be

ordered to pay all costs of prosecution, unless directed otherwise by law. No order requiring

payment shall enter unless and until the procedures prescribed by this section to determine a

defendant's ability to pay are performed by the court.

     (b) In superior court, the judge shall make a preliminary assessment of the defendant's

ability to pay immediately after sentencing by use of the procedures specified in this section.

     (c) In district court, the judge shall make a preliminary assessment of the defendant's

ability to pay immediately after sentencing or nearly thereafter as practicable by use of the

procedures specified in this section.

     (d) The defendant's ability to pay and payment schedule shall be determined by use of

standardized procedures including a financial assessment instrument. The financial assessment

instrument shall be:

     (1) based upon sound and generally accepted accounting principles;

     (2) completed based on a personal interview of the defendant and includes any and all

relevant information relating to the defendant's present ability to pay including, but not limited to,

the information contained in § 12-20-10; and

     (3) made by the defendant under oath.

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     (e) The financial instrument may, from time to time and after hearing, be modified by the

court.

     (f) When persons come before the court for failure to pay fines, fees, assessments and

other costs of prosecution, or court ordered restitution, and their ability to pay and payment

schedule has not been previously determined, the judge, the clerk of the court, or their designee

shall make these determinations by use of the procedures specified in this section.

     (g) Nothing in this section shall be construed to limit the court's ability, after hearing in

open court, to revise findings about a person's ability to pay and payment schedule made by the

clerk of the court or designee, based upon the receipt of newly available, relevant, or other

information.

     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 - COSTS

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     This act would provide that a defendant's qualification for the services of the public

defender constitutes prima facie evidence of their indigency and their limited ability to pay court

costs and that no costs shall be ordered unless procedures for determining ability to pay are

followed.

     This act would take effect upon passage.

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