2001-H 6125 am
Enacted 7/5/2001

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Introduced By:  Representatives Shavers, Benson, Gallison, Iwuc and Cerra Date Introduced:  February 28, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 12-13 of the General Laws entitled "Bail and Recognizance" is hereby amended by adding thereto the following section:

12-13-24.1. Pre-trial services unit. -- (a) Creation of unit. There is hereby created within the district court a pre-trial services unit to provide pre-arraignment and post-arraignment services to defendants. Said services shall include, but not be limited to: bail information and screening, monitoring defendants released on bail including substance abuse treatment referrals and testing, referrals to the home confinement program, employment referrals, and such other referrals as may be necessary to carry out the intent of this section.

(b) Bail evaluation. 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, a judicial officer may cause to be conducted a pre-arraignment or post-arraignment screening of the accused and shall obtain such information, records and documents as may be useful to the judicial officer in determining the form and type of recognizance and conditions placed on said defendant.

(c) The report of the pre-arraignment or post-arraignment screening shall be delivered forthwith to the judicial officer before whom the accused shall be brought for the purpose of determining the form and conditions of recognizance and shall contain the information set forth in subsection (d).

(d) Form of report. The report of the pre-arraignment or post-arraignment screening shall contain the following information regarding the accused:

(1) name and address;

(2) date of birth;

(3) marital status;

(4) names and addresses of dependents;

(5) social security number;

(6) present employment including place of employment, position held and length of employment;

(7) whether or not the accused is under the care of a licensed physician or on any medication prescribed by a licensed physician;

(8) education;

(9) prior criminal record;

(10) prior court appearances;

(11) ties to the community; and

(12) such other information as may be required to make a determination on the amount and conditions of recognizance or bail.

(e) Confidentiality of communications. The accused shall be advised 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 representative of the pre-trial services unit. Communications between the accused and representatives of the pre-trial services unit shall be considered confidential pursuant to section 12-13-24.

SECTION 2. This act shall take effect upon passage.

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