2019 -- S 0602

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LC001985

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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: Senators Cano, Metts, Quezada, Crowley, and Nesselbush

     Date Introduced: March 14, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

of district court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     12-13-1.3. Pretrial release.

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

bail if he or she fails to post bail.

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

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

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

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

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

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

     (1) Marital status.

     (2) Name and address of dependents.

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

length of employment.

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

prescribed by a licensed physician.

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

     (6) Education.

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

danger to the community if released without restrictions.

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

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

     (10) Financial resources.

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

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

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

court.

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

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

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

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

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

court dates.

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

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

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

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

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

community confinement pursuant to § 42-56-20.2.

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

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

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

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

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

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

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

when setting conditions of release or imposing monetary bail.

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

bail status at any time.

     12-13-24.1. Pretrial services unit.

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

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

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defendants.

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

     (i) The results of a risk screen;

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

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

assessment is needed post-arraignment; and

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

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

assessment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (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

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

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

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

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

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

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

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

     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

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

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

established hereunder.

      This act would take effect on January 1, 2020.

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