reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-26. - Sentence of minor to training school for youth.

§ 12-19-26. Sentence of minor to training school for youth.
Whenever any person under the age of eighteen (18) years shall be convicted by any court of any criminal offense, the court may sentence the person to the state training school for youth for a term not less than two (2) years, nor longer than his or her minority, or to any punishment that is otherwise provided by law for the same offense, and if the sentence is to the training school for youth, then it shall be in the alternative to the state training school for youth or to any punishment that would otherwise have been awarded; provided, that whenever the sentence is imposed, it shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting sentencing.
History of Section.
G.L. 1896, ch. 285, § 50; G.L. 1909, ch. 354, § 50; G.L. 1909, ch. 354, § 46; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 46; G.L. 1938, ch. 625, § 46; G.L. 1956, § 12-19-26; P.L. 1989, ch. 133, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-27. - Commitment to training school for youth.

§ 12-19-27. Commitment to training school for youth.
Whenever any person shall be sentenced to imprisonment in the state training school for youth, the court passing the sentence shall immediately issue a warrant, under the seal of the court, directed to the division of sheriffs, or to any town sergeant or constable of any county in which the court is held, reciting the sentence and requiring a deputy sheriff, town sergeant, or constable to take the person so sentenced and deliver him or her to the superintendent of the training school, and the warrant shall constitute the officer charged with it, while he or she has the warrant in his or her possession for service, an officer in any county in this state into which it may be necessary for him to go, to all intents and purposes whatsoever.
History of Section.
G.L. 1896, ch. 285, § 51; G.L. 1909, ch. 354, § 51; G.L. 1909, ch. 354, § 47; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 47; G.L. 1938, ch. 625, § 47; impl. am. P.L. 1946, ch. 1774, §§ 1, 2; G.L. 1956, § 12-19-27; P.L. 2012, ch. 324, § 45.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-29. - Sentence to give recognizance to keep the peace.

§ 12-19-29. Sentence to give recognizance to keep the peace.
In addition to the punishment prescribed by law, the district court may require the person to enter into recognizance, with sufficient surety and in any sum that it shall direct, with condition to keep the peace toward all the people of this state for a certain time thereafter, not exceeding eleven (11) months; and upon the refusal or neglect of the person to comply with that requirement, the same course shall be pursued as is provided on neglecting to comply with sentence in case of threats.
History of Section.
C.P.A. 1905, § 176; G.L. 1909, ch. 281, § 29; G.L. 1923, ch. 331, § 29; G.L. 1938, ch. 501, § 29; G.L. 1956, § 12-19-29.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-30. - Certification and default on recognizances.

§ 12-19-30. Certification and default on recognizances.
Every recognizance pursuant to § 12-19-29 shall be immediately certified to the clerk of the superior court for the same county and filed by the clerk in his or her office; and in case any person under a recognizance shall fail to perform its conditions, his or her default shall be recorded and process shall issue against the persons bound in the recognizance, or any of them that the attorney general shall direct.
History of Section.
C.P.A. 1905, § 177; G.L. 1909, ch. 281, § 30; G.L. 1923, ch. 331, § 30; G.L. 1938, ch. 501, § 30; G.L. 1956, § 12-19-30.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-31. - Commitment for nonpayment of fines and costs.

§ 12-19-31. Commitment for nonpayment of fines and costs.
Whenever any person shall be committed for nonpayment of fines and costs, the sheriffs of the several counties and their deputies, and the town sergeants and town constables of any town in the several counties, upon due warrant from the court before whom the person has been convicted, may lawfully remove and commit the persons to the adult correctional institutions and they shall be allowed any fees that are now provided by law in similar cases; provided, that in the counties of Newport and Washington, any person before removal from the county of Newport or the county of Washington, in which sentence is entered, may pay the fine and costs into the court or into the office of the clerk of the court in which sentence is imposed and upon payment shall be discharged.
History of Section.
G.L. 1896, ch. 285, § 41; G.L. 1909, ch. 354, § 41; P.L. 1915, ch. 1261, § 1; P.L. 1920, ch. 1938, § 1; G.L. 1923, ch. 407, § 41; G.L. 1938, ch. 625, § 41; P.L. 1956, ch. 3721, § 2; G.L. 1956, § 12-19-31; P.L. 2015, ch. 260, § 24; P.L. 2015, ch. 275, § 24.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-32. - Restitution.

§ 12-19-32. Restitution.
In addition to or in lieu of any non-mandatory sanction imposed as part of a sentence or as a condition of probation, a judge at the time of sentencing may order restitution which may be in the form of monetary payment or some type of community restitution. Provided, that any person sentenced to a period of incarceration at the adult correctional institutions shall be ineligible to participate in those programs established pursuant to chapter 8 of title 13, § 42-56-20.2, 42-56-20.3 or 42-56-21, unless and until the restitution has been paid in full, or satisfactory arrangements have been made with the court if the person has the ability to pay. Any agreement shall be in writing and it shall be the burden of the person seeking to participate in any of the programs to satisfy the appropriate authority of compliance. Any person subject to the provisions of this chapter may request an ability to pay hearing by filing the request with the court which imposed the original sentence.
History of Section.
P.L. 1978, ch. 234, § 1; P.L. 1995, ch. 94, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-32.1. - Mandatory restitution.

§ 12-19-32.1. Mandatory restitution.
Any person who sells, causes to be sold, or otherwise delivers or causes to be delivered any stolen article or metal to a person licensed pursuant to chapter 11.1 of title 6 shall make full monetary restitution to the person so licensed. For purposes of this section, the amount of monetary restitution shall equal the monetary value of the loss actually sustained by the licensed person. A licensed person who knowingly receives stolen goods shall not be entitled to restitution.
History of Section.
P.L. 1985, ch. 473, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-33. - Restitution — Family court.

§ 12-19-33. Restitution — Family court.
(a)
In addition to the powers already vested in the family court, a justice may order restitution which may be in the form of monetary payment or some type of community restitution.
(b)
The parent or parents of any unemancipated minor or minors, which minor or minors willfully or maliciously cause damage to any property or injury to any person, shall be jointly and severally liable with the minor or minors for the damage or injury to an amount not exceeding two thousand dollars ($2,000) if the minor or minors would have been liable for the damage or injury if they had been adults; and if a justice of the family court so finds, he or she may order the parent or parents to make financial restitution not exceeding two thousand dollars ($2,000).
History of Section.
P.L. 1978, ch. 234, § 1; P.L. 1979, ch. 235, § 1; P.L. 1987, ch. 550, § 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-20 - Costs › Section 12-20-6. - Fees of city and town police departments and state agencies.

§ 12-20-6. Fees of city and town police departments and state agencies.
For each criminal complaint filed in the district court by a city or town police department, the state police, or a state agency, the clerk of the district court shall assess against the defendant and remit to the city or town or the state the sum of three dollars and fifty cents ($3.50), to be taxed as costs against the defendant.
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; P.L. 1908, ch. 1580, § 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; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-20-6; P.L. 1960, ch. 72, § 2; P.L. 1961, ch. 89, § 5; P.L. 1980, ch. 397, §§ 1, 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-20 - Costs › Section 12-20-7. - Witness fees.

§ 12-20-7. Witness fees.
(a)
The fees of witnesses shall be:
(1)
For every day’s attendance before the supreme or superior court, or before any other tribunal or magistrate, including attendance in giving depositions, except that no officer or other employee of the state or of any city or town shall be entitled to receive a fee for attendance if he or she attends during his or her regular hours of employment for which he or she is entitled to receive his or her ordinary salary or if he or she appears outside his or her regular hours of employment and is entitled to receive additional compensation from his or her employer for attendance: $ 10.00
(2)
For every mile’s travel: $ 0.10
(3)
For every day’s commitment in jail upon default to enter into recognizance with surety: $ 2.00
(4)
For any witness who shall come from without the jurisdiction of the state to testify in behalf of the state, in any criminal proceedings, any sum, in addition to this travel and attendance, that the court before which the proceedings are had shall deem proper.
(b)
In addition to the fees provided in subsection (a) of this section, witnesses summoned and testifying as experts in behalf of the state, or any person acting as an interpreter, before the supreme, superior, or district court, may be allowed and paid any sum that the court may deem just and reasonable.
History of Section.
G.L. 1896, ch. 295, § 10; C.P.A. 1905, § 1199; G.L. 1909, ch. 364, § 9; G.L. 1923, ch. 417, § 9; G.L. 1938, ch. 633, § 10; P.L. 1939, ch. 715, § 7; P.L. 1956, ch. 3624, § 1; G.L. 1956, § 12-20-7; P.L. 1974, ch. 153, § 2; P.L. 1984, ch. 182, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-20 - Costs › Section 12-20-8. - Payment of costs where defendant committed to correctional institutions.

§ 12-20-8. Payment of costs where defendant committed to correctional institutions.
The costs of prosecution and conviction of persons imprisoned in the adult correctional institutions shall be paid by the state, and the payment of those costs shall form no part of the sentence of convicts. Nothing in this section shall be construed so as to prevent the imposition of costs provided for in chapter 25 of this title. The cost of commitment shall be paid by the state except as otherwise provided by the general laws; provided, that persons imprisoned in the adult correctional institutions shall be responsible for any assessments made pursuant to § 23-1-3.
History of Section.
G.L. 1896, ch. 285, § 58; G.L. 1909, ch. 354, § 58; G.L. 1909, ch. 354, § 52; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 52; G.L. 1938, ch. 625, § 52; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-20-8; P.L. 1980, ch. 116, § 3; P.L. 1987, ch. 589, § 1; P.L. 1992, ch. 133, art. 94, § 3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-20 - Costs › Section 12-20-9. - Costs as to other defendants.

§ 12-20-9. Costs as to other defendants.
The payment of costs shall, in all other cases, be a part of the sentence of a convict who shall be sentenced to be imprisoned until the costs are paid or remitted.
History of Section.
G.L. 1896, ch. 285, § 59; G.L. 1909, ch. 354, § 59; G.L. 1909, ch. 354, § 53; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 53; G.L. 1938, ch. 625, § 53; G.L. 1956, § 12-20-9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-20 - Costs › Section 12-20-10. - Remission of costs — Indigency — Limited ability to pay — Inherent power — Prohibition against remitting order of restitution.

§ 12-20-10. Remission of costs — Indigency — Limited ability to pay — Inherent power — Prohibition against remitting order of restitution.
(a)
The payment of court costs, assessments, and fees in criminal cases shall, upon application or sworn testimony, presented during sentencing or any time thereafter, be remitted in whole based on a determination that a defendant is indigent pursuant to the standards set forth in this section.
(1)
Qualification for and/or receipt of any of the following benefits or services by the defendant shall be prima facie evidence of the defendant’s indigency:
(i)
Temporary assistance to needy families;
(ii)
Social security including supplemental security income and state supplemental payments program;
(iii)
Public assistance;
(iv)
Disability insurance; or
(v)
Food stamps.
(2)
The superior and district courts may establish additional criteria and/or procedures for the determination of an ability to pay and for the administration of this section.
(b)
If a defendant is not indigent, the payment of court costs, assessments, and fees in criminal cases may, upon sworn testimony or application during sentencing or any time thereafter, be remitted in whole or in part by any justice of the superior or district court or the justice’s designee pursuant to a determination of limited or inability to pay based upon the standards set forth in this section, or any other considerations the court may deem appropriate. Provided further that any judge of a district court may remit the court costs, assessments, and fees in criminal case(s) pending in his or her court, or in the case of any prisoner sentenced by the court, where no appeal of the sentence has been taken.
(1)
In making its assessment of a defendant’s limited or inability to pay, the court may consider the defendant’s good faith efforts to pay, and/or his or her outstanding court orders for payments in the amount of one hundred dollars ($100) or more for any of the following:
(i)
Restitution payments to the victims of crime;
(ii)
Child support payments;
(iii)
Payments for any counseling required as a condition of the sentence imposed including, but not limited to, substance abuse, mental health, and domestic violence; or
(iv)
Fines imposed as part of the sentence.
(2)
Notwithstanding any other provision of law, this section shall not limit the court’s inherent power to remit any fine, court costs, fees, assessments, or other costs of prosecution, provided no order of restitution shall be suspended by the court.
History of Section.
G.L. 1896, ch. 285, § 60; P.L. 1898, ch. 588, § 1; P.L. 1905, ch. 1241, § 1; C.P.A. 1905, § 1223; G.L. 1909, ch. 354, § 60; G.L. 1909, ch. 354, § 54; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 54; G.L. 1938, ch. 625, § 54; G.L. 1956, § 12-20-10; P.L. 2008, ch. 297, § 4; P.L. 2008, ch. 326, § 4; P.L. 2022, ch. 200, § 2, effective June 27, 2022; P.L. 2022, ch. 201, § 2, effective June 27, 2022.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-20 - Costs › Section 12-20-11. - Apportionment of costs among defendants.

§ 12-20-11. Apportionment of costs among defendants.
Whenever more than one defendant in the same process shall be convicted and sentenced to fine or imprisonment in jail, the court pronouncing sentence may apportion the costs of prosecution between and among the defendants as, in its discretion, shall appear to be just and proper.
History of Section.
G.L. 1896, ch. 285, § 61; G.L. 1909, ch. 354, § 61; G.L. 1909, ch. 354, § 55; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 55; G.L. 1938, ch. 625, § 55; G.L. 1956, § 12-20-11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-20 - Costs › Section 12-20-12. - Technology surcharge.

§ 12-20-12. Technology surcharge.
A technology surcharge shall be assessed as a cost against the defendant in accordance with § 8-15-11.
History of Section.
P.L. 2014, ch. 34, § 7; P.L. 2014, ch. 42, § 7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-1. - Methods of recovering fines and forfeitures.

§ 12-21-1. Methods of recovering fines and forfeitures.
Unless otherwise specially provided:
(1)
All fines of five hundred dollars ($500) and under shall be recovered by complaint and summons;
(2)
All fines of upwards of five hundred dollars ($500), by indictment or information;
(3)
All penalties and pecuniary forfeitures, by action of debt; and
(4)
All forfeitures of personal property, by complaint and warrant or by information.
History of Section.
G.L. 1896, ch. 288, § 1; C.P.A. 1905, § 1231; G.L. 1909, ch. 357, § 1; G.L. 1923, ch. 410, § 1; G.L. 1938, ch. 631, § 1; G.L. 1956, § 12-21-1; P.L. 1974, ch. 118, § 15; P.L. 1976, ch. 173, § 4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-2. - Limitation of prosecutions.

§ 12-21-2. Limitation of prosecutions.
All suits or prosecutions founded upon any penal statute, which are wholly or in part for the use of the prosecutor, shall be brought within one year, and all other suits and prosecutions on a penal statute within two (2) years after the commission of the offense, unless otherwise specially provided.
History of Section.
G.L. 1896, ch. 288, § 8; G.L. 1909, ch. 357, § 8; G.L. 1923, ch. 410, § 8; G.L. 1938, ch. 631, § 8; G.L. 1956, § 12-21-2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-3. - Venue of actions based on penal statutes.

§ 12-21-3. Venue of actions based on penal statutes.
Unless otherwise specially provided, all fines of and informations founded on any penal statute shall be brought within the county in which the offense was committed, and not elsewhere; provided, that the superior court for the county of Providence shall have jurisdiction of all proceedings for the recovery of more than five hundred dollars ($500) when the offense was committed in the county of Bristol.
History of Section.
G.L. 1896, ch. 288, § 2; C.P.A. 1905, § 1190; G.L. 1909, ch. 357, § 2; G.L. 1923, ch. 410, § 2; G.L. 1938, ch. 631, § 2; G.L. 1956, § 12-21-3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-4. - Jurisdiction of district and superior courts.

§ 12-21-4. Jurisdiction of district and superior courts.
All fines, penalties, and forfeitures, whether of money or property, of five hundred dollars ($500) and under or of the value of five hundred dollars ($500) and under, shall be prosecuted before a district court; if upwards of five hundred dollars ($500) in amount or value, before the superior court, unless otherwise specially provided.
History of Section.
G.L. 1896, ch. 288, § 4; C.P.A. 1905, §§ 1216, 1231; G.L. 1909, ch. 357, § 4; G.L. 1923, ch. 410, § 4; G.L. 1938, ch. 631, § 4; G.L. 1956, § 12-21-4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-5. - Action by town or city.

§ 12-21-5. Action by town or city.
Whenever any penalty or forfeiture, or any part of a penalty or forfeiture, shall be given to any town by any penal statute, the town council may sue for the penalty or forfeiture in the name of the town, or the proper prosecuting officer in the name of any city which shall be entitled to the benefit of the penalty or forfeiture, and the town council may remit the whole of the penalty or forfeiture.
History of Section.
G.L. 1896, ch. 288, § 9; G.L. 1909, ch. 357, § 9; G.L. 1923, ch. 410, § 9; G.L. 1938, ch. 631, § 9; G.L. 1956, § 12-21-5.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-6. - Commencement of period of neglect.

§ 12-21-6. Commencement of period of neglect.
Whenever any penalty shall be imposed for neglect during any period of time, the neglect may be alleged to have commenced at any specified time, and shall be reckoned from the time so specified.
History of Section.
G.L. 1896, ch. 288, § 5; G.L. 1909, ch. 357, § 5; G.L. 1923, ch. 410, § 5; G.L. 1938, ch. 631, § 5; G.L. 1956, § 12-21-6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-7. - Residence of court member in city or town to be benefited.

§ 12-21-7. Residence of court member in city or town to be benefited.
In actions for the recovery of any penalty or forfeiture before any court, it shall be no cause of exception that any member of the court resides or has property in the city or town in which the offense was committed, or that the penalty or any part of the penalty is recoverable to the use of the city or town.
History of Section.
G.L. 1896, ch. 288, § 6; G.L. 1909, ch. 357, § 6; G.L. 1923, ch. 410, § 6; G.L. 1938, ch. 631, § 6; G.L. 1956, § 12-21-7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-8. - Plea of general issue.

§ 12-21-8. Plea of general issue.
The defendant to an action for a penalty may plead the general issue, and under it give any special matter in evidence.
History of Section.
G.L. 1896, ch. 288, § 7; G.L. 1909, ch. 357, § 7; G.L. 1923, ch. 410, § 7; G.L. 1938, ch. 631, § 7; G.L. 1956, § 12-21-8.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-9. - Commitment for failure to obey judgment or sentence.

§ 12-21-9. Commitment for failure to obey judgment or sentence.
If any person against whom sentence is passed or judgment rendered, under any penal statute, shall refuse or neglect to perform the sentence or to pay the judgment, he or she shall, by order of the court passing the sentence or by the officer charged with the execution issued on the judgment, be committed to the adult correctional institutions, and be imprisoned there until the sentence is performed or he or she is discharged by due course of law.
History of Section.
G.L. 1896, ch. 288, § 10; G.L. 1909, ch. 357, § 10; G.L. 1923, ch. 410, § 10; G.L. 1938, ch. 631, § 10; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-21-9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-10. - Disposition of recoveries.

§ 12-21-10. Disposition of recoveries.
Unless otherwise specially provided:
(1)
All fines recovered shall be to the use of the state;
(2)
All penalties and pecuniary forfeitures, one-half (½) to the use of the state and one-half (½) to the use of the person who shall sue for it; and
(3)
All forfeitures of personal property shall be disposed of as provided by law.
History of Section.
G.L. 1896, ch. 288, § 3; G.L. 1909, ch. 357, § 3; G.L. 1923, ch. 410, § 3; G.L. 1938, ch. 631, § 3; G.L. 1956, § 12-21-10.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-21 - Recovery of Fines, Penalties, and Forfeitures › Section 12-21-11. - Quarterly reports and payments by district court.

§ 12-21-11. Quarterly reports and payments by district court.
The clerk of each division of the district court, shall, between the first and fifteenth days of February, May, August, and November in each year, make an itemized return in writing to the city or town treasurer of every city or town in the division of all fines received by the clerk during the preceding quarter, which or part of which shall be due to the city or town, and of costs paid by the clerk out of money belonging to the city or town, and the amount and circumstances of all of these fines received by the clerk and costs paid by the clerk and not included in any previous return. The clerk making the return shall immediately thereafter cause to be paid to the city or town treasurer the balance of all moneys belonging to the city or town.
History of Section.
C.P.A. 1905, § 183; G.L. 1909, ch. 281, § 36; G.L. 1923, ch. 331, § 36; G.L. 1938, ch. 501, § 36; G.L. 1956, § 12-21-11; P.L. 1969, ch. 239, § 28.