2023 -- H 5571

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LC000799

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

     RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     

     Introduced By: Representatives Batista, Potter, Alzate, Felix, and Craven

     Date Introduced: February 15, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-19-9 of the General Laws in Chapter 12-19 entitled "Sentence and

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Execution" is hereby amended to read as follows:

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     12-19-9. Violation of terms of probation — Notice to attorney general — Revocation

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or continuation of suspension.

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     (a) Whenever any person who has been placed on probation pursuant to § 12-19-8 violates

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the terms and conditions of his or her probation as fixed by the court, the police or the probation

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authority shall inform the attorney general of the violation, and the attorney general shall cause the

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defendant to appear before the court. The department of corrections division of rehabilitative

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services shall promptly render a report relative to the conduct of the defendant, and the information

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contained in any report under § 12-13-24.1. The division of rehabilitative services may recommend

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that the time served up to that point is a sufficient response to a violation that is not a new alleged

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crime. The court may order the defendant held without bail for a period not exceeding ten (10)

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days, excluding Saturdays, Sundays, and holidays. The court shall release the defendant, pending

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a probation violation hearing, upon his or her own recognizance, unless reasonable surety is

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required to ensure the defendant’s appearance in court.

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     (b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the

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defendant to determine whether the defendant has violated the terms and conditions of his or her

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probation, at which hearing the defendant shall have the opportunity to be present and to respond.

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Upon a determination by a fair preponderance of the evidence that the defendant has violated the

 

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terms and conditions of his or her probation, the court, in open court and in the presence of the

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defendant, may:

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     (1) Remove the suspension and order the defendant committed on the sentence previously

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imposed, or on a lesser sentence;

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     (2) Impose a sentence if one has not been previously imposed;

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     (3) Stay all or a portion of the sentence imposed after removal of the suspension;

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     (4) Continue the suspension of a sentence previously imposed; or

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     (5) Convert a sentence of probation without incarceration to a suspended sentence.

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     (c) The court shall sentence for a violation under subsection (b) of this section in

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accordance with judicial sentencing benchmarks.

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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 PROCEDURE -- SENTENCE AND EXECUTION

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     This act would require the court to release probation violators on their own recognizance

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unless it determines that some reasonable surety is required to ensure the defendant’s appearance

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in court.

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     This act would take effect upon passage.

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