TITLE 12
Criminal Procedure

CHAPTER 12-13
Bail and Recognizance

SECTION 12-13-24.1


§ 12-13-24.1. Pretrial services unit. [Effective January 1, 2018.].

(a) Creation of unit; definitions. There is created within the district court a pretrial services unit to provide pre-arraignment and post-arraignment services to defendants.

(1) "Pre-arraignment report" may include:

(i) The results of a risk screen;

(ii) For a defendant who scores as high risk on the risk screen, additional validated screens for mental health and substance use needs, to determine whether more in-depth assessment is needed post-arraignment; and

(iii) For a defendant charged with a domestic violence offense under § 12-29-2, and who has prior domestic violence offenses or other indications of risk, a lethality or dangerousness assessment.

(2) "Post-arraignment service" includes completion of the pre-arraignment report, a post-arraignment report, if necessary, and monitoring of defendants released on conditions that are informed by the pre-arraignment report, including substance abuse treatment referrals and testing; referrals to the home confinement program; employment referrals; and any other referrals that may be necessary to carry out the intent of this section.

(3) "Risk screen" means a validated, empirically based pretrial risk tool composed of a brief set of questions that may be answered without interviewing the defendant and are designed to predict failure to appear and risk to re-offend.

(b) Pre-arraignment report. 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, if the person is charged with a felony, or a misdemeanor domestic violence offense under § 12-29-2 and has prior domestic violence offenses or other indications of risk, the pretrial services unit shall, time permitting, prepare a pre-arraignment report and any post-arraignment screening of the accused deemed necessary by the court or the pretrial services unit, and shall obtain relevant information, records, and documents that may be useful to the judicial officer in determining the form and type of recognizance and conditions placed on the defendant.

(c) Delivery of report. The pre-arraignment report and any post-arraignment screening shall be immediately delivered to the judicial officer before whom the accused shall be brought for the purpose of determining the form and conditions of recognizance.

(d) [Deleted by P.L. 2017, ch. 342, § 4 and P.L. 2017, ch. 353, § 4].

(e) Confidentiality of communications. The accused shall be advised orally and in a written waiver form for the signature of the accused 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 representatives of the pretrial services unit. Communications between the accused and representatives of the pretrial services unit shall be considered confidential pursuant to § 12-13-24.

History of Section.
(P.L. 2001, ch. 73, § 1; P.L. 2001, ch. 184, § 1; P.L. 2017, ch. 342, § 4; P.L. 2017, ch. 353, § 4.)