AN ACT RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE (Provides for release of misdemeanor arrestees without financial conditions, except for domestic violence or flight risk or obstruct of justice risk.)

S2290

2026 -- S 2290
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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 -- BAIL AND RECOGNIZANCE

Introduced By:
Senators Quezada, Valverde, Pearson, DiMario, Lauria, Zurier, Vargas,
Mack, and Euer

Date Introduced:
January 23, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-13-1.3 of the General Laws in Chapter 12-13 entitled "Bail and
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Recognizance" is hereby amended to read as follows:
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12-13-1.3. Pretrial release.
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(a)
(1)
Unless otherwise provided, a detainee shall be eligible for pretrial release or reduced
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bail if he or she fails to post bail.
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(2) If the arrested person is charged with no offense other than a misdemeanor, the court
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may not impose financial conditions of release on the person unless the person is charged with a
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domestic violence offense under chapter 29 of title 12; the person requests such financial
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conditions; or the court makes a finding on the record that there is a likely risk that:
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(i) The arrested person will fail to appear in the court, as required; or
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(ii) The arrested person will obstruct or attempt to obstruct justice, or threaten, injure or
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intimidate or attempt to threaten, injure or intimidate a prospective witness. In making a finding
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described in this subsection, the court shall consider information it receives pursuant to § 12-13-
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24.1.
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(b) “Pretrial release” means release of a defendant without bail but upon an order to abide
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by the conditions as set by the court. Release on non-monetary conditions shall be applied to secure
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the presence of the accused and protect the safety of the community.
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(c) The department of corrections shall collect information concerning the background and

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circumstances of the pretrial detainee. The department’s investigation shall include the following
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information and any other factors as shall be appropriate to the case:
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(1) Marital status.
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(2) Name and address of dependents.
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(3) Past and present employment, including place of employment, position held and length
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of employment.
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(4) Whether the defendant is under the care of a licensed physician or uses medication
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prescribed by a licensed physician.
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(5) Any physical or mental condition affecting the defendant’s behavior.
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(6) Education.
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(7) Prior criminal record, including facts indicating that the defendant is likely to be a
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danger to the community if released without restrictions.
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(8) Prior court appearances and record of appearance or non-appearance.
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(9) Ties to this community and to other communities.
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(10) Financial resources.
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(d) If, as a result of this investigation, the department of corrections concludes that the
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pretrial detainee is an appropriate candidate to be considered by the court for pretrial release or
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reduced bail, the department shall present its findings to the court.
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(e) Upon a determination by the court that a defendant is suitable for release on
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recognizance subject to conditions set by the court, the court in its discretion may also impose the
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least onerous of the following conditions necessary to assure the defendant’s appearance in court:
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(1) Imposition of condition of release involving field supervision with or without special
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conditions. Field supervision shall require notification to defendants released prior to trial of their
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court dates.
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(2) Imposition of condition of release involving placement of defendant on intensive
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supervision, with or without special conditions. Intensive supervision shall require contact with the
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officials designated by the courts and prompt notification to the court of all apparent violations of
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pre-trial release conditions or arrest of persons released to its custody.
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(3) Imposition of a condition of release involving placement of the defendant on
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community confinement pursuant to § 42-56-20.2.
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(f) This section shall not be construed to preclude review by the court of a defendant’s bail
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status at any time.

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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 -- BAIL AND RECOGNIZANCE
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This act would provide that a person arrested for a misdemeanor shall be released without
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a financial condition unless the misdemeanor is for domestic violence or the court makes a finding
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on the record that there is a likely risk the arrested person will fail to appear in court or will obstruct
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justice or attempt to injure or intimidate a witness.
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This act would take effect upon passage.
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