AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION (Requires courts to presume release for most probation violations, set reasonable bail or non-monetary conditions, limit detention to cases of risk or danger, require prompt hearings, and mandate written reasons for detention.)

S2161

2026 -- S 2161
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

Introduced By:
Senators Kallman, Quezada, Mack, Vargas, Paolino, Acosta, Euer,
Zurier, Urso, and McKenney

Date Introduced:
January 16, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence
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and Execution" is hereby amended to read as follows:
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12-19-14. Violation of terms of probation — Notice to court — Revocation or
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continuation of suspension.
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(a) Whenever any person who has been placed on probation by virtue of the suspension of
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execution of his or her sentence pursuant to § 12-19-13
violates

is believed to have violated
the
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terms and conditions of his or her probation as fixed by the court by being formally charged with
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committing a new criminal offense, the police or department of corrections division of
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rehabilitative services shall cause the defendant to appear before the court. The department of
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corrections division of rehabilitative services shall determine when a technical violation of the
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terms and conditions of probation as fixed by the court
that does not constitute a new criminal
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offense
has occurred and shall cause the defendant to appear before the court. For technical
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violations, the division of rehabilitative services shall promptly render a written report relative to
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the conduct of the defendant
, including, as applicable, a description of the clear and articulable
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public safety risk posed by a defendant accused of a technical violation,
and, as available, the
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information contained in any report under § 12-13-24.1.
The division of rehabilitative services may
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recommend that the time served up to that point is a sufficient response to a violation that is not a
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new, alleged crime. The court may order the defendant held without bail for a period not exceeding
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ten (10) days excluding Saturdays, Sundays, and holidays if the new criminal charge(s) constitutes

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a violent crime as defined in the Rhode Island General Laws, a domestic violence crime, or a crime
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involving driving under the influence or if the court determines in its discretion that public safety
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concerns and/or concerns regarding the defendant’s likelihood to appear before the court warrant
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holding the defendant without bail.
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(b) Whenever any person accused of violating the terms and conditions of his or her
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probation is caused to appear before the court, the court shall set reasonable bail and may set other
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reasonable conditions of release. In all cases involving a violation that does not constitute a new
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criminal offense or an alleged violation involving low level substance use, there shall be a
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presumption of release pending a defendant’s probation violation hearing. If the court believes that
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the defendant presents a substantial risk of failing to appear at the probation violation hearing, then
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the court shall place forward any non-monetary conditions deemed necessary for reasonable surety.
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(c) The court shall only detain the defendant if the court believes, based on the totality of
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the circumstances, that the defendant presents a threat to the community or themselves or if no non-
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monetary conditions or combination of conditions in the community will reasonably assure the
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defendant’s appearance at the probation violation hearing. The court may consider factors
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including, but not limited to, the alleged probation violator’s age, condition of health, criminal
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record, the alleged facts of the new offense, and the bail set for the new offense. The court shall
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explain its reasoning for denying release in writing or on the record.
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(b)
(d)
The court shall conduct a hearing within thirty (30) days of arrest
; provided that, in
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the event that the alleged probation violator was held without bail pursuant to this section, the
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hearing shall take place within ten (10) days not including holidays, Saturdays, or Sundays
, unless
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waived by the
defendant

alleged probation violator
, to determine whether the
defendant

violator

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has violated the terms and conditions of his or her probation, at which hearing the
defendant

violator

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shall have the opportunity to be present and to respond. Upon a determination by a fair
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preponderance of the evidence that the
defendant

violator
has violated the terms and conditions of
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his or her probation, the court, in open court and in the presence of the
defendant

violator
, may as
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to the court may seem just and proper:
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(1) Revoke the suspension and order the defendant committed on the sentence previously
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imposed, or on a lesser sentence;
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(2) Impose a sentence if one has not been previously imposed;
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(3) Stay all or a portion of the sentence imposed after removal of the suspension;
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(4) Continue the suspension of a sentence previously imposed; or
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(5) Convert a sentence of probation without incarceration to a suspended sentence.

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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION
***
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This act would require courts to presume release for most probation violations, set
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reasonable bail or non-monetary conditions, limit detention to cases of risk or danger, require
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prompt hearings, and mandate written reasons for detention.
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This act would take effect upon passage.
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