2020 -- S 2829

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LC005142

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL OFFENSES - JAILS AND PRISONS

     

     Introduced By: Senators Euer, and Lynch Prata

     Date Introduced: March 12, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-25-15 of the General Laws in Chapter 11-25 entitled "Jails and

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Prisons" is hereby amended to read as follows:

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     11-25-15. Imprisonment for failure to appear at a court ordered hearing.

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     (a) This section shall apply to every person who has been or shall be detained at or in the

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adult correctional institutions for failure to appear at a court ordered ability to pay hearing. After

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that person has completed his or her detention for lack of bail for failure to appear at an ability to

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pay hearing, he or she shall receive a reduction in fines and fees owed to the court, if any, in the

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amount of fifty dollars ($50.00) one hundred fifty dollars ($150) per day served (or any fraction

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thereof) to be applied against the amount of his/her outstanding fines or costs, or both.

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     (b) Provided further, any person detained at the adult correctional institution for failure to

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appear who also claims an inability to pay his or her fines or costs shall be entitled to an evidentiary

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hearing in the district court within forty-eight (48) hours of the detention on the issue of ability to

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pay. Should the forty-eight (48) hours fall on a weekend or holiday, the hearing shall be scheduled

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on the next available court date. If, after the hearing, it is determined there is no ability to pay, then

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that person shall immediately be released from detention. This section shall not deter or preclude

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any available alternatives to payment of the fines or costs.

 

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     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 OFFENSES - JAILS AND PRISONS

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     This act would credit those people detained in the adult correctional institution the amount

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of one hundred fifty dollars ($150) per day toward any fines or costs they owe to the court when

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held for lack of bail for failure to appear for a costs review hearing.

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     This act would take effect upon passage.

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