TITLE 12
Criminal Procedure

CHAPTER 12-19
Sentence and Execution

SECTION 12-19-8


§ 12-19-8. Suspension of sentence and probation by superior or district court.

(a) Application. Except where the suspension of sentence shall otherwise be prohibited by law, and subject to the purposes and limits imposed by this section and § 12-19-8.1, whenever any defendant shall appear for sentence before the superior or district court, the court may impose a sentence and suspend the execution of the sentence, in whole or in part, or place the defendant on probation without the imposition of a suspended sentence. The suspension shall place the defendant on probation for the time of probation that the court may fix and pursuant to the terms and conditions set by § 12-19-8.1.

(b) Duration. The period of probation for a felony shall be set for a period of time as required by law, or in accordance with judicial sentencing benchmarks. The period of probation for a misdemeanor, where no sentence is imposed or where sentence is entirely suspended, may be for any period up to the maximum time of sentence provided by applicable statutes. Where sentence is imposed and suspended in part, the term ordered to be served and the period of probation together shall not exceed the maximum time of sentence provided by applicable statutes.

(c) [Deleted by P.L. 2017, ch. 345, § 1 and P.L. 2017, ch. 351, § 1].

History of Section.
(G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956, § 12-19-8; P.L. 1966, ch. 182, § 1; P.L. 1974, ch. 224, § 1; P.L. 2014, ch. 518, § 1; P.L. 2014, ch. 554, § 1; P.L. 2017, ch. 345, § 1; P.L. 2017, ch. 351, § 1.)