This bill amends Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and Recognizance." The amendment allows a person who is held in custody or committed upon a criminal charge to give their personal recognizance to appear in court instead of giving surety or sureties. They may also deposit 10% of the amount of bail ordered by the court with the court in money. The court will then give them a certificate, and upon delivery of the certificate to the officer in custody, the person will be released. The money will be deposited in the registry of the court. The bill also states that the giving of surety or the deposit of 10% of the bail amount will be the sole monetary conditions of release on bail, except in cases where the defendant owes court-imposed restitution. If the defendant defaults, the court may order the money deposited to be forfeited and paid to the general treasurer. If the defendant appears before the court or surrenders themselves, the court will order the return of the deposit. If the money remains on deposit at the time of a judgment ordering the payment of restitution or any assessment, the clerk must apply the money to satisfy the judgment and refund the surplus, if any, to the defendant or the person who posted the money on their behalf. This act will take effect upon passage.

Statutes affected:
5685  as amended: 12-13-10
5685: 12-13-10