2021 -- H 6148
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LC002463
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2021
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AN ACT
RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION
Introduced By: Representatives Batista, Williams, Morales, Potter, Henries, and Alzate
Date Introduced: March 17, 2021
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
1 SECTION 1. Section 12-19-9 of the General Laws in Chapter 12-19 entitled "Sentence and
2 Execution" is hereby amended to read as follows:
3 12-19-9. Violation of terms of probation -- Notice to attorney general -- Revocation or
4 continuation of suspension.
5 (a) Whenever any person who has been placed on probation pursuant to § 12-9-8 12-19-8
6 violates the terms and conditions of his or her probation as fixed by the court, the police or the
7 probation authority shall inform the attorney general of the violation, and the attorney general shall
8 cause the defendant to appear before the court. The department of corrections division of
9 rehabilitative services shall promptly render a report relative to the conduct of the defendant, and
10 the information contained in any report under § 12-13-24.1. The division of rehabilitative services
11 may recommend that the time served up to that point is a sufficient response to a violation that is
12 not a new alleged crime. The court shall release the defendant, pending a probation violation
13 hearing, upon his or her own recognizance, unless reasonable surety is required to ensure the
14 defendant's appearance in court; provided, that if the violation is for a crime of violence pursuant
15 to § 11-47-2(5) or domestic violence pursuant to § 12-29-2, then the The court may order the
16 defendant held without bail for a period not exceeding ten (10) days, excluding Saturdays, Sundays,
17 and holidays.
18 (b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the
19 defendant to determine whether the defendant has violated the terms and conditions of his or her
 1 probation, at which hearing the defendant shall have the opportunity to be present and to respond.
2 Upon a determination by a fair preponderance of the evidence that the defendant has violated the
3 terms and conditions of his or her probation, the court, in open court and in the presence of the
4 defendant, may:
5 (1) Remove the suspension and order the defendant committed on the sentence previously
6 imposed, or on a lesser sentence;
7 (2) Impose a sentence if one has not been previously imposed;
8 (3) Stay all or a portion of the sentence imposed after removal of the suspension;
9 (4) Continue the suspension of a sentence previously imposed; or
10 (5) Convert a sentence of probation without incarceration to a suspended sentence.
11 (c) The court shall sentence for a violation under subsection (b) of this section in
12 accordance with judicial sentencing benchmarks.
13 SECTION 2. This act shall take effect upon passage.
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 EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
AN ACT
RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION
***
1 This act would mandate the court to release a defendant for an alleged violation of
2 probation, except if the alleged violation is for a crime of violence pursuant to § 11-47-2(5) or
3 domestic violence pursuant to § 12-29-2.
4 This act would take effect upon passage.
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Statutes affected:
6148: 12-19-9