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 for the individual, with a presumption of personal recognizance unless the new alleged offense is classified as a crime of violence. The bill removes the previous provision that allowed the court to hold a defendant without bail for up to ten days under certain circumstances.

The bill defines "crime of violence" and outlines the conditions under which a probation violator may be held without bail. Specifically, if the alleged probation violator is accused of committing a crime of violence, the court may determine, based on the totality of the circumstances, that no other alternative will ensure the appearance of the accused in court or ensure the safety of the community.

Additionally, the bill specifies that for violations that do not involve new criminal charges, the Department of Corrections is responsible for determining the violation and reporting on the defendant's conduct. The act requires a hearing within thirty days of arrest to determine if the probation terms have been violated, allowing the defendant to respond. Upon finding a violation, the court has various options, including revoking the suspension of the sentence or continuing it. This act aims to ensure fair treatment of probation violators while considering public safety and the circumstances of each case.

Statutes affected:
6041: 12-19-14