The bill amends Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence and Execution" to change the procedures for handling probation violations. Specifically, it introduces new language that requires the police or department of corrections to cause a defendant to appear before the court if they are formally charged with a new criminal offense while on probation. For technical violations that do not constitute a new criminal offense, the division of rehabilitative services must provide a written report and may recommend that the time served be considered sufficient response to the violation. The bill removes the provision that allowed the court to hold a defendant without bail for certain crimes and instead mandates that the court set reasonable bail in accordance with bail guidelines.

The bill also outlines that a hearing must be conducted within 30 days of arrest to determine if the defendant has violated probation terms, with the defendant having the right to be present and respond. If a violation is found, the court may take various actions, including revoking the suspension, imposing a sentence, staying the sentence, continuing the suspension, or converting a probation sentence to a suspended sentence. The act would take effect upon passage and requires the court to set reasonable bail for all individuals appearing as probation violators.

Statutes affected:
411: 12-19-14