The bill amends Section 12-19-9 of the General Laws in Chapter 12-19, titled "Sentence and Execution," specifically addressing the procedures for handling violations of probation terms. The amendment includes the insertion of language that requires the police or probation authority to inform the attorney general when a person on probation violates their terms, and the attorney general must then ensure the defendant appears before the court. The Department of Corrections' Division of Rehabilitative Services is tasked with reporting on the defendant's conduct and may recommend that the time served to date is sufficient for non-criminal violations. Notably, the bill removes the provision that allowed the court to hold a defendant without bail for up to ten days, replacing it with a requirement for the court to release the defendant on their own recognizance, unless reasonable surety is necessary to ensure court appearance.

The bill outlines the court's actions upon determining a probation violation, including the options to impose the original or a lesser sentence, impose a sentence if none was previously given, stay all or part of the sentence, continue the suspension of the sentence, or convert a probation sentence to a suspended sentence. Sentencing for probation violations must align with judicial sentencing benchmarks. The bill also includes an explanation by the Legislative Council, clarifying that the act mandates the release of probation violators on their own recognizance unless surety is needed to guarantee their court appearance. The act will take effect immediately upon passage.

Statutes affected:
5571: 12-19-9