reglab/housing_qa huggingface dataset:
RI Gen L § 12-19-34 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19 - Sentence and Execution|Section 12-19-34 - Priority of restitution payments to victims of crime.

§ 12-19-34. Priority of restitution payments to victims of crime.(a) (1) If a person, pursuant to §§ 12-19-32, 12-19-32.1, or 12-19-33, is ordered to make restitution in the form of monetary payment the court may order that it shall be made through the administrative office of state courts which shall record all payments and pay the money to the person injured in accordance with the order or with any modification of the order; provided, in cases where the court determines that the defendant has the present ability to make full restitution, payment shall be made at the time of sentencing.(2) Payments made on account when both restitution to a third-party is ordered, and court costs, fines, and fees, and assessments related to prosecution are owed, shall be disbursed by the administrative office of the state courts in the following priorities:(i) Upon determination of restitution, court ordered restitution payments shall be paid first to persons injured until such time as the court's restitution is fully satisfied;(ii) Followed by the payment of court costs, fines, fees, and assessments related to prosecution.(3) Notwithstanding any other provision of law, any interest which has been accrued by the restitution account in the central registry shall be deposited on a regular basis into the crime victim compensation fund, established by chapter 25 of this title. In the event that the office of the administrator of the state courts cannot locate the person or persons to whom restitution is to be made, the principal of the restitution payment shall escheat to the state pursuant to the provisions of chapter 12 of title 8.(b) The state is authorized to develop rules and/or regulations relating to assessment, collection, and disbursement of restitution payments when any of the following events occur:(1) The defendant is incarcerated or on home confinement or has completed probation without completing restitution but is able to pay some portion of the restitution; or(2) The victim dies before restitution payments are completed.(c) The state may maintain a civil action to place a lien on the personal or real property of a defendant who is assessed restitution, as well as to seek wage garnishment, and/or seek enforcement of civil judgment entered in accordance with § 12-28-5.1 consistent with state and federal law.History of Section.P.L. 1978, ch. 234, § 1; P.L. 1983, ch. 96, § 1; P.L. 1988, ch. 129, art. 25, § 2; P.L. 1992, ch. 351, § 1; P.L. 1994, ch. 98, § 1; P.L. 2008, ch. 297, § 3; P.L. 2008, ch. 326, § 3; P.L. 2010, ch. 231, § 3; P.L. 2010, ch. 238, § 3; P.L. 2013, ch. 28, § 1; P.L. 2013, ch. 43, § 1; P.L. 2017, ch. 345, § 1; P.L. 2017, ch. 351, § 1.
RI Gen L § 12-19-35 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19 - Sentence and Execution|Section 12-19-35 - Evidence of damages sustained.

§ 12-19-35. Evidence of damages sustained.Evidence of damages sustained by the person injured may be admissible to the court either by means of an affidavit, signed by the injured person, with copies of appropriate receipts attached, or by hearing, the option being within the discretion of the court.History of Section.P.L. 1978, ch. 234, § 1.
RI Gen L § 12-19-36 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19 - Sentence and Execution|Section 12-19-36 - Payment to violent crimes indemnity fund.

§ 12-19-36. Payment to violent crimes indemnity fund.Whenever any person pleads nolo contendere to either a felony or misdemeanor, the court accepting the plea may, in lieu of imposing the fine authorized by statute for the offense, order the person to pay an amount not to exceed the maximum fine permitted by statute to the violent crimes indemnity fund established by chapter 25 of this title. The obligation to make a payment to the fund shall be considered a civil penalty and shall not constitute a sentence in the criminal case.History of Section.P.L. 1984, ch. 258, § 2.
RI Gen L § 12-19-37 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19 - Sentence and Execution|Section 12-19-37 - Aliens - Felony conviction records.

§ 12-19-37. Aliens — Felony conviction records.The attorney general shall, within seven (7) days of the final conviction of any alien of a felony offense within this state, forward copies of all records pertaining to the convicted alien to the United States immigration department.History of Section.P.L. 1991, ch. 203, § 1.
RI Gen L § 12-19-39 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19 - Sentence and Execution|Section 12-19-39 - Criminal street gang enhancement.

§ 12-19-39. Criminal street gang enhancement.(a) "Criminal street gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, having as one of its primary activities the commission of criminal or delinquent acts; having an identifiable name or common identifiable signs, colors, or symbols; and whose members individually or collectively engage in, or have engaged in, a pattern of criminal gang activity.(b) Any person who is convicted of any felony that is knowingly committed for the benefit, at the direction of, or in association with any criminal street gang or criminal street gang member, with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang members, in addition to the sentence provided for the commission of the underlying offense, shall be subject to imprisonment for an additional term of not more than ten (10) years.(c) Whenever it appears that a person may be subject to the enhanced sentence in this section, the attorney general, in no case later than the first pretrial conference, shall file with the court a notice specifying that the defendant, upon conviction, is subject to the imposition of sentencing in accordance with this section.(d) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing. At the hearing, the court shall permit the attorney general and the defense to present additional evidence to the jury relevant to the determination of whether the defendant knowingly committed the offense for the benefit, at the direction of, or in association with any criminal street gang or criminal street gang member, with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang members. If the jury at the hearing, or in the case of a plea of guilty or nolo contendere, the court at sentencing, determines beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be sentenced as provided in subsection (b).(e) This section does not create a separate offense but provides an additional enhanced sentence for the underlying offense.(f) The enhanced sentence provided in this section shall run consecutively to the sentences provided for the underlying offenses.History of Section.P.L. 2014, ch. 263, § 1; P.L. 2014, ch. 311, § 1.
RI Gen L § 12-19-40 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19 - Sentence and Execution|Section 12-19-40 - Severability.

§ 12-19-40. Severability.If any provision of this chapter or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.History of Section.P.L. 2017, ch. 345, § 2; P.L. 2017, ch. 351, § 2.
RI Gen L § 12-19.1-1 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.1 - Judicial Sentencing Disclosure Act|Section 12-19.1-1 - Short title.

§ 12-19.1-1. Short title.This chapter may be cited as the "Rhode Island Judicial Sentencing Disclosure Act."History of Section.P.L. 1977, ch. 192, § 1.
RI Gen L § 12-19.1-2 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.1 - Judicial Sentencing Disclosure Act|Section 12-19.1-2 - Record of criminal sentences.

§ 12-19.1-2. Record of criminal sentences.The clerks of the district and superior courts shall maintain a register listing under the name of each judge all criminal convictions over which the judge has presided, in chronological order, to include the following information:(1) The name of the case;(2) The charges against the defendant;(3) The charges of which the defendant was convicted;(4) The sentence handed down by the judge; and(5) The date the sentence was handed down.History of Section.P.L. 1977, ch. 192, § 1; P.L. 2000, ch. 109, § 15.
RI Gen L § 12-19.1-3 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.1 - Judicial Sentencing Disclosure Act|Section 12-19.1-3 - Public record.

§ 12-19.1-3. Public record.The register shall be a public record of the state and shall be available for inspection at the office of the clerk during regular office hours and at any other times that may be provided by law.History of Section.P.L. 1977, ch. 192, § 1.
RI Gen L § 12-19.2-1 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.2 - Sentencing to Life Imprisonment Without Parole|Section 12-19.2-1 - Sentencing procedures - Trial by jury.

§ 12-19.2-1. Sentencing procedures — Trial by jury.In all cases tried by a jury in which the penalty of life imprisonment without parole may be imposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorney general has recommended to the court in writing within twenty (20) days of the date of the arraignment that such a sentence be imposed, the court shall, upon return of a verdict of guilty of murder in the first degree by the jury, instruct the jury to determine whether it has been proven beyond a reasonable doubt that the murder committed by the defendant involved one of the circumstances enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment without parole. If after deliberation the jury finds that one or more of the enumerated circumstances was present, it shall state in writing, signed by the foreperson of the jury, which circumstance or circumstances it found beyond a reasonable doubt. Upon return of an affirmative verdict, the court shall conduct a presentence hearing. At the hearing, the court shall permit the attorney general and the defense to present additional evidence relevant to a determination of the sentence to be imposed as provided for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of aggravating and mitigating factors, the court shall, in its discretion, sentence the defendant to either life imprisonment without parole or life imprisonment. If the trial court is reversed on appeal because of error only in the presentence hearing, the new proceedings before the trial court which may be ordered shall pertain only to the issue of sentencing.History of Section.P.L. 1984, ch. 221, § 2; P.L. 1984, ch. 362, § 2.
RI Gen L § 12-19.2-2 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.2 - Sentencing to Life Imprisonment Without Parole|Section 12-19.2-2 - Sentencing procedures - Trial by judge sitting without a jury.

§ 12-19.2-2. Sentencing procedures — Trial by judge sitting without a jury.In all cases tried by a judge sitting without a jury in which the penalty of life imprisonment without parole may be imposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorney general has recommended to the court in writing within twenty (20) days of the date of the arraignment that such a sentence be imposed, the court shall, if the court finds the defendant guilty of murder in the first degree, also render a finding as to whether it has been proven beyond a reasonable doubt that the murder committed by the defendant involved one of the circumstances enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment without parole. If the court finds that one or more of the enumerated circumstances was present, it shall state on the record which circumstance or circumstances it found beyond a reasonable doubt. Upon an affirmative finding by the court, it shall conduct a presentence hearing. At the hearing, the court shall permit the attorney general and the defense to present additional evidence relevant to a determination of the sentence to be imposed as provided for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of aggravating and mitigating factors, the court shall, in its discretion, sentence the defendant to either life imprisonment without parole or life imprisonment. If the trial court is reversed on appeal because of error only in the presentence hearing, the new proceedings before the trial court which may be ordered shall pertain only to the issue of sentencing.History of Section.P.L. 1984, ch. 221, § 2; P.L. 1984, ch. 362, § 2.
RI Gen L § 12-19.2-3 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.2 - Sentencing to Life Imprisonment Without Parole|Section 12-19.2-3 - Sentencing procedures - Plea of guilty.

§ 12-19.2-3. Sentencing procedures — Plea of guilty.In all cases in which the defendant pleads guilty or nolo contendere to an offense for which the penalty of life imprisonment without parole may be imposed pursuant to § 11-23-2 or 11-23-2.1, and in which the attorney general has recommended to the court in writing within twenty (20) days of the date of the arraignment that such a sentence be imposed, the court shall conduct a presentence hearing. At the hearing, the court shall permit the attorney general and the defense to present additional evidence relevant to a determination of the sentence to be imposed as provided for in § 12-19.2-4. After hearing evidence and argument relating to the presence or absence of aggravating and mitigating factors, the court shall, in its discretion, sentence the defendant to either life imprisonment without parole or life imprisonment. If the trial court is reversed on appeal because of error only in the presentence hearing, the new proceedings before the trial court which may be ordered shall pertain only to the issue of sentencing.History of Section.P.L. 1984, ch. 221, § 2; P.L. 1984, ch. 362, § 2.
RI Gen L § 12-19.2-4 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.2 - Sentencing to Life Imprisonment Without Parole|Section 12-19.2-4 - Consideration of aggravating and mitigating circumstances.

§ 12-19.2-4. Consideration of aggravating and mitigating circumstances.At the presentence hearing, following a finding that one or more of the circumstances enumerated in § 11-23-2 or 11-23-2.1 as the basis for imposition of a sentence of life imprisonment without parole was involved in the first degree murder of which the defendant has been convicted, the court shall consider evidence regarding the nature and circumstances of the offense and the personal history, character, record, and propensities of the defendant which are relevant to the sentencing determination. After hearing evidence and argument regarding the aggravating and mitigating circumstances relating to the offense and the defendant, the court shall, in its discretion, sentence the defendant to life imprisonment without parole or to life imprisonment. The court shall state on the record its reasons for imposing its sentence.History of Section.P.L. 1984, ch. 221, § 2; P.L. 1984, ch. 362, § 2.
RI Gen L § 12-19.2-5 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.2 - Sentencing to Life Imprisonment Without Parole|Section 12-19.2-5 - Review of life sentence without parole.

§ 12-19.2-5. Review of life sentence without parole.The defendant shall have the right to appeal a sentence of life imprisonment without parole to the supreme court of the state in accordance with the applicable rules of court. In considering an appeal of a sentence, the court, after review of the transcript of the proceedings below, may, in its discretion, ratify the imposition of the sentence of life imprisonment without parole or may reduce the sentence to life imprisonment.History of Section.P.L. 1984, ch. 221, § 2; P.L. 1984, ch. 362, § 2.
RI Gen L § 12-19.2-6 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.2 - Sentencing to Life Imprisonment Without Parole|Section 12-19.2-6 - Work release and furlough programs - Prohibited.

§ 12-19.2-6. Work release and furlough programs — Prohibited.A person serving a sentence of life imprisonment without parole shall not be eligible for participation in the work release program as set forth in § 42-56-21, the furlough program as set forth in § 42-56-18, or any other program which allows a prisoner to be released from the confinement of the prison facility to which the prisoner has been assigned.History of Section.P.L. 1991, ch. 362, § 2; P.L. 2000, ch. 109, § 16.
RI Gen L § 12-19.3-1 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.3 - Sentencing Standards|Section 12-19.3-1 - Legislative purpose.

§ 12-19.3-1. Legislative purpose.In order that the sentences imposed upon convicted criminals by the courts of this state do justice to the victim, the offender, and the community, a system of sentencing standards is enacted. Those standards are intended to create a sentencing process which will allow for judicial consideration of mitigating and aggravating circumstances unique to the particular defendant and crime, while providing the structure necessary to impose consistent sentences upon similar offenders convicted of like crimes.History of Section.P.L. 1992, ch. 412, § 1.
RI Gen L § 12-19.3-2 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.3 - Sentencing Standards|Section 12-19.3-2 - Adoption of presumptive sentences.

§ 12-19.3-2. Adoption of presumptive sentences.Each year the justices of the superior court shall by majority vote, and with the approval of the supreme court, adopt as a rule of court presumptive sentences to be imposed upon defendants who have been found guilty after a trial. The rule shall establish a presumptive sentence or sentencing range for each category of felony which constituted more than five percent (5%) of the criminal caseload in the superior court during the preceding year and for any additional categories of felonies that the justices deem appropriate. It shall also set forth the criteria for evaluation upon which the presumptive sentences are based. Prior to implementation, the rule shall be forwarded to the supreme court for its approval. A complete listing of the presumptive sentences so established shall be made public no less than thirty (30) days prior to implementation.History of Section.P.L. 1992, ch. 412, § 1; P.L. 2000, ch. 109, § 17.
RI Gen L § 12-19.3-3 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.3 - Sentencing Standards|Section 12-19.3-3 - Procedures for sentencing.

§ 12-19.3-3. Procedures for sentencing.In all cases where the defendant has been found guilty after trial of an offense for which a sentencing standard has been established pursuant to § 12-19.3-2, the trial justice shall impose a sentence within the presumptive sentencing range unless he or she finds that substantial and compelling circumstances exist which justify imposition of an alternative sentence. This finding may be based upon the character and background of the defendant, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. When justified by those factors, he or she may impose either a more lenient or a more severe sentence than provided for in the rule. If a sentence outside of the presumptive range is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the alternative sentence.History of Section.P.L. 1992, ch. 412, § 1.
RI Gen L § 12-19.3-4 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-19.3 - Sentencing Standards|Section 12-19.3-4 - Review of sentence.

§ 12-19.3-4. Review of sentence.Within twenty (20) days of the imposition of a sentence which is outside the presumptive sentencing range for the offense, the attorney general, if the court imposes a less severe sentence, or the defendant, if the court imposes a more severe sentence, may appeal the sentence to the supreme court in accordance with procedures to be established by the supreme court.History of Section.P.L. 1992, ch. 412, § 1.
RI Gen L § 12-20-1, 12-20-2 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-20 - Costs|Section 12-20-1, 12-20-2 - Repealed.

§ 12-20-1, 12-20-2. Repealed.
RI Gen L § 12-20-3 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-20 - Costs|Section 12-20-3 - Sheriff's fees on commitments and habeas corpus.

§ 12-20-3. Sheriff's fees on commitments and habeas corpus.All commitments upon process issued in criminal cases by the supreme court, the superior court within and for the counties of Providence and Newport, and the district court for the second and sixth divisions shall be made by deputy sheriffs attending upon the courts respectively, and all writs of habeas corpus issued by the supreme court, the superior court within and for the counties of Providence and Newport, and the district court for the second and sixth divisions shall be served by deputy sheriffs attending upon the courts respectively, and the deputy sheriffs shall receive no fees for making the commitments or for serving the writs, but shall receive their actual expenses of travel, to be allowed by the court, and which shall not form a part of the bill of costs taxed against a convict under § 12-20-9.History of Section.G.L. 1923, ch. 417, § 11; P.L. 1926, ch. 799, § 1; P.L. 1927, ch. 1036, § 1; G.L. 1938, ch. 633, § 12; G.L. 1956, § 12-30-3; P.L. 1966, ch. 209, § 2; P.L. 1969, ch. 239, § 27.
RI Gen L § 12-20-4 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-20 - Costs|Section 12-20-4 - Sheriff's fees on scire facias.

§ 12-20-4. Sheriff's fees on scire facias.The fees chargeable by deputy sheriffs for serving writs and executions in scire facias against bail in criminal cases shall be the same as provided for similar service of writs and executions in civil cases.History of Section.G.L. 1896, ch. 295, § 12; P.L. 1897, ch. 444, § 1; P.L. 1898, ch. 578, § 1; P.L. 1900, ch. 714, § 1; P.L. 1901, ch. 831, § 1; C.P.A. 1905, § 1200; G.L. 1909, ch. 364, § 11; P.L. 1918, ch. 1648, § 1; G.L. 1923, ch. 417, § 11; G.L. 1938, ch. 633, § 12; G.L. 1956, § 12-20-4; P.L. 2012, ch. 324, § 46.
RI Gen L § 12-20-5 (2021)
2021 Rhode Island General Laws|Title 12 - Criminal Procedure|Chapter 12-20 - Costs|Section 12-20-5 - Allowance for service of precept.

§ 12-20-5. Allowance for service of precept.Any officer charged with the service of any precept in any criminal case, either original, intermediate, or final, shall be allowed by the court out of which the precept is issued, in a sum that the court may deem just and reasonable for the actual and necessary expense incurred by him or her in serving it, and which shall not form a part of the bill of costs taxed against a convict under § 12-20-9.History of Section.P.L. 1907, ch. 1443, § 1; G.L. 1909, ch. 364, § 11; P.L. 1918, ch. 1648, § 1; G.L. 1923, ch. 417, § 11; G.L. 1938, ch. 633, § 12; G.L. 1956, § 12-20-5; P.L. 1966, ch. 209, § 2.