Chapter 08-326

Chapter 326

2008 -- S 2234 SUBSTITUTE A AS AMENDED

Enacted 07/08/08

A N A C T

RELATING TO CRIMINAL PROCEDURE -- WARRANTS FOR ARREST

Introduced By: Senators Metts, Pichardo, C Levesque, Issa, and Goodwin

Date Introduced: February 06, 2008

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-6-7.1 of the General Laws in Chapter 12-6 entitled "Warrants

for Arrest" is hereby amended to read as follows:

12-6-7.1. Service of arrest warrants. -- (a) Whenever any judge of any court shall issue

his or her warrant against any person for failure to appear or comply with a court order, or for

failure to make payment of a court ordered fine, civil assessment, or order of restitution, the judge

may direct the warrant to each and all sheriffs and deputy sheriffs, the warrant squad, or any

peace officer as defined in section 12-7-21, requiring them to apprehend the person and bring him

or her before the court to be dealt with according to law; and the officers shall obey and execute

the warrant, and be protected from obstruction and assault in executing the warrant as in service

of other process. The person apprehended shall, in addition to any other costs incurred by him or

her, be ordered to pay a fee for service of this warrant in the sum of one hundred twenty-five

dollars ($125). Twenty-five dollars ($25.00) of the above fee collected as a result of a warrant

squad arrest shall be divided among the local law enforcement agencies assigned to the warrant

squad. Any person apprehended on a warrant for failure to appear for a cost review hearing in the

superior court may be released upon posting with a justice of the peace the full amount due and

owing in court costs as described in the warrant or bail in an other amount or form that will

ensure the defendant's appearance in the superior court at an ability to pay hearing, in addition to

the one hundred twenty-five dollars ($125) warrant assessment fee described above. Any person

detained as a result of the actions of the justice of the peace in acting upon the superior court cost

warrant shall be brought before the superior court at its next session. Such monies shall be

delivered by the justice of the peace to the court issuing the warrant on the next court business

day.

(b) Any person arrested pursuant to a warrant issued by a municipal court may be

presented to a judge of the district court, or a justice of the peace authorized to issue warrants

pursuant to section 12-10-2, for release on personal recognizance or bail when the municipal

court is not in session. The provisions of this section shall apply only to criminal and not civil

cases pending before the courts.

(1) be immediately brought before the court;

(2) if the court is not in session then the person shall be brought before the court at its

next session;

(3) be afforded a review hearing on his/her ability to pay within forty-eight (48) hours;

and

(4) if the court is not in session at the time of the arrest, a review hearing on his/her

ability to pay will be provided at the time for the first court appearance, as set forth in subsection

(c)(3) of this section.

SECTION 2. Section 12-18.1-3 of the General Laws in Chapter 12-18.1 entitled

"Probation and Parole Support Act" is hereby amended to read as follows:

12-18.1-3. Court costs. -- (a) The court shall assess as court costs, in addition to those

otherwise provided by law, against all defendants charged with a felony, misdemeanor, or petty

misdemeanor, and who plead nolo contendere or guilty or who are found guilty of the

commission of those crimes, as follows:

(1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed

on the defendant by the court, whichever is greater;

(2) Where the offense charged is a felony and carries a maximum penalty of less than

five (5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine

imposed on the defendant by the court, whichever is greater; and

(3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent

(10%) of any fine imposed on the defendant by the court, whichever is greater.

(b) These costs shall be assessed whether or not the defendant is sentenced to prison and

in no case shall they be remitted by the court.

the judge shall have the authority to suspend the obligation of the defendant to pay on all counts

or charges above ~~three (3)~~ two (2).

(d) If the court determines that the defendant does not have the ability to pay the costs as

set forth in this section, the judge may by specific order mitigate the costs in accordance with the

court's determination of the ability of the offender to pay the costs.

SECTION 3. Section 12-19-34 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

12-19-34. ~~Restitution payments~~ Priority of restitution payments to victims of crime.

-- (a) (1) If a person, pursuant to sections 12-19-32, 12-19-32.1, or 12-19-33, is ordered to make

restitution in the form of monetary payment the court may order that it shall be made through the

administrative office of state courts which shall record all payments and pay the money to the

person injured in accordance with the order or with any modification of the order; provided, in

cases where court ordered restitution totals less than two hundred dollars ($200) payment shall be

made at the time of sentencing if the court determines that the defendant has the present ability to

make restitution.

(2) Payments made on account when both restitution to a third-party is ordered, and court

costs, fines, and fees, and assessments related to prosecution are owed, shall be disbursed by the

administrative office of the state courts in the following priorities:

(i) court ordered restitution payments to person injured until such time as the court’s

restitution is fully satisfied; and

(ii) court costs, fines, fees, and assessments related to prosecution after the full payment

of restitution.

(3)~~(2)~~ Notwithstanding any other provision of law, any interest which has been accrued

by the restitution account in the central registry shall be deposited on a regular basis into the

violent crime indemnity fund, established by chapter 25 of this title. In the event that the office of

the administrator of the state courts cannot locate the person or persons to whom restitution is to

be made, the principal of the restitution payment shall be deposited into the general fund.

(b) The state is authorized to develop rules and/or regulations relating to assessment,

collection, and disbursement of restitution payments when any of the following events occur:

(1) The defendant is incarcerated or on home confinement but is able to pay some

portion of the restitution; or

(2) The victim dies before restitution payments are completed.

of a defendant who is assessed restitution, as well as to seek wage garnishment, consistent with

state and federal law.

SECTION 4. Section 12-20-10 of the General Laws in Chapter 12-20 entitled "Costs" is

hereby amended to read as follows:

12-20-10. ~~Remission of costs~~ Remission of costs-Prohibition against remitting

restitution to victims of crime-ability to pay-indigency. – (a) The payment of costs in criminal

cases may, upon application, be remitted by any justice of the superior court; provided, that any

justice of a district court may, in his or her discretion, remit the costs in any criminal case pending

in his or her court, or in the case of any prisoner sentenced by the court, and from which sentence

no appeal has been taken. Notwithstanding any other provision of law, this section shall not limit

the court’s inherent power to remit any fine, fee, assessment or other costs of prosecution,

provided no order of restitution shall be suspended by the court.

(b) For purposes of sections 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv)

and 21-28-4.17.1, the following conditions shall be prima facie evidence of the defendant’s

indigency and limited ability to pay:

(1) Qualification for and/or receipt of any of the following benefits or services by the

defendant:

(i) temporary assistance to needy families

(ii) social security including supplemental security income and state supplemental

payments program;

(iii) public assistance

(iv) disability insurance; or

(v) food stamps

(2) Despite the defendant’s good faith efforts to pay, outstanding court orders for

payment in the amount of one-hundred dollars ($100) or more for any of the following:

(i) restitution payments to the victims of crime;

(ii) child support payments; or

(iii) payments for any counseling required as a condition of the sentence imposed

including, but not limited to, substance abuse, mental health, and domestic violence.

SECTION 5. Section 12-21-20 of the General Laws in Chapter 12-21 entitled "Recovery

of Fines, Penalties, and Forfeitures" is hereby amended to read as follows:

12-21-20. ~~Order to pay costs~~ Order to pay costs and determination of ability to pay.

– (a) If, upon any complaint or prosecution before any court, the defendant shall be ordered to

pay a fine, enter into a recognizance or suffer any penalty or forfeiture, he or she shall also be

ordered to pay all costs of prosecution, unless directed otherwise by law.

(b) In superior court, the judge shall make a preliminary assessment of the defendant’s

ability to pay immediately after sentencing by use of the procedures specified in this section.

ability to pay immediately after sentencing or nearly thereafter as practicable by use of the

procedures specified in this section.

(d) The defendant’s ability to pay and payment schedule shall be determined by use of

standardized procedures including a financial assessment instrument. The financial assessment

instrument shall be:

(1) based upon sound and generally accepted accounting principles;

(2) completed based on a personal interview of the defendant and includes any and all

relevant information relating to the defendant’s present ability to pay including, but not limited to,

the information contained in section 12-20-10; and

(3) made by the defendant under oath.

(e) The financial instrument may, from time to time and after hearing, be modified by the

court.

(f) When persons come before the court for failure to pay fines, fees, assessments and

other costs of prosecution, or court ordered restitution, and their ability to pay and payment

schedule has not been previously determined, the judge, the clerk of the court, or their designee

shall make these determinations by use of the procedures specified in this section.

(g) Nothing in this section shall be construed to limit the court’s ability, after hearing in

open court, to revise findings about a person’s ability to pay and payment schedule made by the

clerk of the court or designee, based upon the receipt of newly available, relevant, or other

information.

SECTION 6. Section 12-25-28 of the General Laws in Chapter 12-25 entitled "Criminal

Injuries Compensation" is hereby amended to read as follows:

12-25-28. Special indemnity account for criminal injuries compensation. -- (a) It is

provided that the general treasurer establish a violent crimes indemnity account within the general

fund for the purpose of paying awards granted pursuant to this chapter. The court shall assess as

court costs in addition to those provided by law, against all defendants charged with a felony,

misdemeanor, or petty misdemeanor, whether or not the crime was a crime of violence, and who

plead nolo contendere, guilty or who are found guilty of the commission of those crimes as

follows:

(1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any

fine imposed on the defendant by the court, whichever is greater.

(2) Where the offense charged is a felony and carries a maximum penalty of less than

five (5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed

on the defendant by the court, whichever is greater.

(3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen

percent (15%) of any fine imposed on the defendant by the court, whichever is greater.

(b) These costs shall be assessed whether or not the defendant is sentenced to prison and

in no case shall they be waived by the court unless the court finds an inability to pay.

the judge shall have the authority to suspend the obligation of the defendant to pay on all counts

or charges above ~~three (3)~~ two (2).

(d) Up to five percent (5%) of the state funds raised under this section, as well as federal

matching funds, shall be available to pay administrative expenses necessary to operate this

program. Federal funds for this purpose shall not supplant currently available state funds, as

required by federal law.

SECTION 7. This act shall take effect upon passage.

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LC00880/SUB A

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