2023 -- S 0653 SUBSTITUTE A AS AMENDED

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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 -- BAIL AND RECOGNIZANCE

     Introduced By: Senators LaMountain, Burke, McKenney, Acosta, Mack, and Euer

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and

Recognizance" is hereby amended to read as follows:

     12-13-10. Deposit of money in lieu of bail.

     Any person who is held in custody or committed upon a criminal charge, if entitled to be

released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court,

give before the court in which he or she is held to appear his or her personal recognizance to appear

and do as ordered by the court, and shall be allowed to deposit, either individually or by another on

his or her behalf, with the court in money ten percent (10%) of the amount of bail which he or she

is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and

upon delivery of the certificate to the officer in whose custody he or she is shall be released from

custody, and the money shall be deposited in the registry of the court before which the person shall

be recognized to appear. Consistent with Article 1, § 9 of the Rhode Island Constitution, the giving

of surety, or in the alternative the deposit with the court of ten percent (10%) of the amount of bail

set, shall be the sole monetary conditions of the release on bail, except as set forth herein. No court

shall require the deposit of cash as the sole monetary condition of the release on bail, except in

those cases where the defendant owes court-imposed restitution. Upon the default of the defendant,

the court before which he or she is recognized to appear may, at any time thereafter, order the

money deposited in the registry of the court be forfeited, subject to the provisions of §§ 12-13-16,

12-13-16.1 and 12-13-16.2, and the money shall be paid to the general treasurer. If money has been

deposited and the defendant at any time before forfeiture shall appear before the court to which he

or she was recognized to appear, and shall surrender himself or herself, or shall recognize before

the court with sufficient surety or sureties, in such an amount, to appear and do as the court may

order, or be in any manner legally discharged, then the court shall order the return of the deposit to

the defendant. If the money remains on deposit at the time of a judgment ordering the payment of

restitution or any assessment made pursuant to § 12-25-28 that has not been waived by the court

for the payment of a fine and costs, restitution, or any other assessment issued by the court, the

clerk must apply the money in satisfaction of the judgment judgement’s restitution order , or

assessment and after satisfying the order or assessment fine and costs, restitution, or any other

assessment must refund the money surplus, if any, to the defendant or to the individual who posted

the money on behalf of the defendant, as the case may be.

     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 -- BAIL AND RECOGNIZANCE

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     This act would require the clerk of the court to first apply bail money to an order of

restitution and then return any remaining bail money posted by the defendant or the person who

provided the bail money.

     This act would take effect upon passage.

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