2023 -- S 0915

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LC001968

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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 Mack, Acosta, Kallman, Bell, Valverde, McKenney, and Euer

     Date Introduced: March 30, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-13-1 and 12-13-1.3 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.

     (a) Felony cases. 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 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.

     (b) Misdemeanor cases:

     (1) Every person who is subject to any misdemeanor criminal process shall be released

without bail, but on their own recognizance and an order to abide by any conditions set by the court.

     (2) Release on non-monetary conditions shall be applied to ensure the presence of the

accused in court as required and to protect the safety of the community.

     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 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.

     (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 concludes that the

pretrial detainee is an appropriate candidate to be considered by the court for pretrial release or

reduced bail, the department 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

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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.

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

status at any time.

     (g) Effective January 1, 2024, notwithstanding the provisions of this section or any general

or special law to the contrary:

     (1) When fixing the amount of bail under this chapter, the court shall not set a financial

condition of release based on a pre-established bail schedule, such as a schedule of bond amounts

fixed according to the nature of the charge.

     (2) If the court determines that a defendant will be released other than on personal

recognizance or an unsecured bond without special conditions, the court shall impose on the

defendant the least onerous condition or combination of conditions of release that will reasonably

ensure the appearance of the defendant and the safety of each alleged victim, other persons, and the

community.

     SECTION 2. This act shall take effect upon passage.

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LC001968

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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 amend the conditions of bail and recognizance to permit the release of a

person charged with a misdemeanor without financial conditions and prohibit the use of a fixed

bail schedule.

     This act would take effect upon passage.

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LC001968

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