The bill amends Section 12-19-14 of the General Laws concerning probation violations. It introduces new provisions that require courts to presume release for individuals accused of violating probation terms, except in cases involving new criminal offenses or significant risks of failing to appear at hearings. The court is mandated to set reasonable bail and may impose non-monetary conditions for release. Additionally, the bill stipulates that detention should only occur if the defendant poses a threat to the community or themselves, and the court must provide written reasoning for any denial of release.
The bill also establishes a timeline for hearings, requiring them to occur within thirty days of arrest, or within ten days if the defendant is held without bail. The amendments clarify that the court shall conduct a hearing to determine whether the alleged probation violator has violated the terms and conditions of probation, and the burden of proof lies with the state to establish the violation by a preponderance of the evidence. Overall, the bill aims to streamline the process for handling probation violations while ensuring the rights of defendants are protected.
Statutes affected: 7651: 12-19-14