The bill amends Section 12-19-14 of the General Laws regarding the violation of probation terms. It establishes that when a person on probation is charged with a new criminal offense, the court must set reasonable bail and may impose other reasonable conditions of release. There is a presumption of personal recognizance for alleged probation violators unless the new alleged offense is classified as a crime of violence. If the alleged probation violator is accused of a crime of violence, the court may hold the individual without bail if it determines that, based on the totality of the circumstances, there are no conditions that will ensure the accused's appearance in court or the safety of the community.

The bill defines "crime of violence" to include offenses such as murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, sexual assault, and any domestic crime that has an element of violence. It also specifies that for technical violations that do not involve new criminal charges, the Department of Corrections may report the defendant's conduct and recommend that the time served is sufficient. The bill removes the previous provision allowing the court to hold a defendant without bail for up to ten days under certain circumstances.

Additionally, the bill mandates that a hearing be conducted within thirty days of arrest to determine if the probation terms were violated, allowing the defendant to respond. If a violation is found, the court has several options, including revoking the suspension of the sentence or imposing a new sentence. This act will take effect upon passage.

Statutes affected:
733: 12-19-14