The bill amends Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and Recognizance" to modify the conditions under which a person held in custody on a criminal charge can be released on bail. It allows a person, if entitled to bail, to give personal recognizance and deposit ten percent (10%) of the bail amount with the court. The bill specifies that no court shall require cash deposit as the sole monetary condition of release on bail, except where the defendant owes court-imposed restitution. It also outlines the process for forfeiture of the deposit if the defendant defaults, as well as the return of the deposit if the defendant appears before the court or is legally discharged.

The bill further clarifies the application of the deposited bail money. It states that if money remains on deposit at the time of a judgment ordering the payment of restitution or any assessment made pursuant to § 12-25-28 that has not been waived by the court, the clerk must apply the money towards satisfying the restitution order or assessment. Any surplus after satisfying the order or assessment must be refunded to the defendant or the individual who posted the money on behalf of the defendant. The bill removes the previous language that allowed the bail money to be applied to a fine and costs, restitution, or any other assessment issued by the court. The act would take effect upon passage.

Statutes affected:
653  SUB A as amended: 12-13-10
653  SUB A: 12-13-10
653: 12-13-10