It is enacted by the General Assembly as follows

SECTION 1. Section 12-29-5 of the General Laws in Chapter 12-29 entitled "Domestic Violence Prevention Act" is hereby amended to read as follows:

12-29-5. Disposition of domestic violence cases. -- (a) Every person convicted of or placed on probation for a crime involving domestic violence or whose case is filed pursuant to section 12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to attend, at his or her own expense, appropriate to address his or her violent behavior, a {ADD batterer's intervention ADD} program{ADD . ADD} {DEL with demonstrated expertise in counseling domestic violence offenders. DEL} This order shall be included in the conditions of probation. Failure of the defendant to comply with the order shall be a basis for violating probation and/or the provisions of section 12-10-12. This provision shall not be suspended or waived by the court.

(b) Every person convicted of or placed on probation for a crime involving domestic violence, as enumerated in section 12-29-2 or whose case if filed pursuant to section 12-10-12 where the defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed, shall be ordered to pay a twenty-five dollar ($25.00) assessment. All moneys collected pursuant to this section shall be deposited as general revenue.

(c) Every person convicted of an offense punishable as a misdemeanor involving domestic violence as defined in section 12-29-2 shall;

(1) for a second violation be imprisoned for a term of not less than ten (10) days and not more than one (1) year.

(2) for a third and subsequent violation be deemed guilty of a felony and be imprisoned for a term of not less than (1) one year and not more than ten (10) years.

No jail sentence provided for under this section can be suspended.

Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing.

{ADD (d) For the purposes of this section, batterers intervention program shall mean a program which is certified by the batterers intervention program standards oversight committee according to minimum standards, pursuant to sections 12-29-5.1, 12-29-5.2, and 12-29-5.3. ADD}

SECTION 2. This act shall take effect January 1, 1998.