Chapter 234
2008 -- H 7651
SUBSTITUTE A
Enacted 07/05/08
A N A C T
RELATING
TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE
Introduced
By: Representative Donald J. Lally
Date
Introduced: February 26, 2008
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, section 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 condition of release on bail
except as set forth herein. No court shall require the
deposit of cash as the sole monetary condition
of 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 or in the discretion
of the court the entire amount of the bail set to be
forfeited, 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 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, and after
satisfying the fine and costs, restitution, or any other
assessment must refund the 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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LC02048/SUB A
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