Chapter 320

2008 -- S 2314 SUBSTITUTE A

Enacted 07/08/08

A N A C T

RELATING TO CRIMINAL PROCEDURE - BAIL AND RECOGNIZANCE

Introduced By: Senator Michael J. McCaffrey

Date Introduced: February 07, 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 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 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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LC00485/SUB A

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