reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-1.1. - Hearings when state opposes bail — Medical disability of accused.

§ 12-13-1.1. Hearings when state opposes bail — Medical disability of accused.
(a)
In all cases where the state opposes the granting of bail in respect to offenses punishable by imprisonment for life and/or offenses involving the use or threat of use of a dangerous weapon by one already convicted of the an offense or of an offense punishable by imprisonment for life pursuant to the provisions of R.I. Const., Art. I, Sec. IX, hearings shall be held in the superior court unless arrangements are made by the parties for a stenographic or electronic recording of proceedings in the district court.
(b)
In the event an accused person fails to appear in superior court for arraignment on the an offense and the accused is under the care of a private physician who has determined that the accused is medically unable to appear in court for arraignment, the justice of the superior court in charge of the criminal calendar shall order the immediate examination of the accused by a licensed physician, who shall file his or her medical report with the court within seven (7) days of his or her examination of the accused. Should the justice after hearing decide that the accused is medically unable to appear in superior court for arraignment, he or she shall make whatever arrangements are necessary to have the accused arraigned at a location other than the superior court.
(c)
The accused person shall be liable for all expenses incurred by the state as a direct result of the inability of the accused to appear in court for arraignment and/or the inability to transfer the accused to the adult correctional institutions or hospital facility owned by the state.
History of Section.
P.L. 1972, ch. 265, § 1; P.L. 1981, ch. 95, § 1; P.L. 1985, ch. 463, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-1.2. - Penalty for an offense committed while on release.

§ 12-13-1.2. Penalty for an offense committed while on release.
(a)
Every person who commits a criminal offense while released on personal recognizance or bail pursuant to this chapter shall, if convicted of both offenses, be sentenced, in addition to the sentences prescribed, to:
(1)
A term of imprisonment of not less than two (2) years and not more than ten (10) years, a fine of not more than five thousand dollars ($5,000), or both, if the offense is a felony; or
(2)
A term of imprisonment of not less than ninety (90) days and not more than one year, a fine of not more than one thousand dollars ($1,000), or both, if the offense is a misdemeanor.
(b)
A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment.
History of Section.
P.L. 1985, ch. 463, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-1.3. - Pretrial release.

§ 12-13-1.3. Pretrial release.
(a)
Unless otherwise provided, a detainee shall be eligible for pretrial release or reduced bail if he or she fails to post bail.
(b)
“Pretrial release” means release of a defendant without bail but upon an order to abide by the conditions as set by the court. Release on non-monetary conditions shall be applied to secure the presence of the accused and protect the safety of the community.
(c)
The department of corrections shall collect information concerning the background and circumstances of the pretrial detainee. The department’s investigation shall include the following information and any other factors as shall be appropriate to the case:
(1)
Marital status.
(2)
Name and address of dependents.
(3)
Past and present employment, including place of employment, position held and length of employment.
(4)
Whether the defendant is under the care of a licensed physician or uses medication prescribed by a licensed physician.
(5)
Any physical or mental condition affecting the defendant’s behavior.
(6)
Education.
(7)
Prior criminal record, including facts indicating that the defendant is likely to be a danger to the community if released without restrictions.
(8)
Prior court appearances and record of appearance or non-appearance.
(9)
Ties to this community and to other communities.
(10)
Financial resources.
(d)
If, as a result of this investigation, the department of corrections concludes that the pretrial detainee is an appropriate candidate to be considered by the court for pretrial release or reduced bail, the department shall present its findings to the court.
(e)
Upon a determination by the court that a defendant is suitable for release on recognizance subject to conditions set by the court, the court in its discretion may also impose the least onerous of the following conditions necessary to assure the defendant’s appearance in court:
(1)
Imposition of condition of release involving field supervision with or without special conditions. Field supervision shall require notification to defendants released prior to trial of their court dates.
(2)
Imposition of condition of release involving placement of defendant on intensive supervision, with or without special conditions. Intensive supervision shall require contact with the officials designated by the courts and prompt notification to the court of all apparent violations of pre-trial release conditions or arrest of persons released to its custody.
(3)
Imposition of a condition of release involving placement of the defendant on community confinement pursuant to § 42-56-20.2.
(f)
This section shall not be construed to preclude review by the court of a defendant’s bail status at any time.
History of Section.
P.L. 1992, ch. 430, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-2. - Warrant for apprehension of accused person.

§ 12-13-2. Warrant for apprehension of accused person.
Any court before which an indictment or information shall be found or be pending, and any court before which a complaint shall be made or be pending, against any person for an offense of which the court has cognizance, may issue a warrant directed to each and all deputy sheriffs, town sergeants, and town constables within the state requiring them to apprehend the person and bring him or her before the court, if the court is in session, or if not, to commit him or her to jail in the county in which the indictment, information, or complaint is pending, there to be kept until he or she shall be brought before the court, or until he or she shall give recognizance before some person authorized to take recognizance for the offense, with sufficient surety or sureties in the sum named in the warrant, if any sum is named in the warrant, and, if not, in the sum as the person taking the recognizance shall deem reasonable if the offense is bailable, to appear before the court in which the indictment, information, or complaint is pending, at the time required by the person so taking the recognizance, and to answer the indictment, information, or complaint; provided, that the prisoner may give the recognizance while in the custody of the officer before he or she is committed to jail before some person authorized to take recognizance for the offense, and upon taking recognizance the officer shall discharge the prisoner from his or her custody. The officers to whom the warrant shall be directed are required to obey and execute it, and in its execution shall be protected from obstruction and assault, as in the service of other process.
History of Section.
G.L. 1896, ch. 285, §§ 10-12; G.L. 1909, ch. 354, §§ 10-12; G.L. 1909, ch. 354, § 19; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 19; G.L. 1938, ch. 625, § 19; G.L. 1956, § 12-13-2; P.L. 1972, ch. 169, § 21; P.L. 1974, ch. 118, § 12; P.L. 2012, ch. 324, § 44; P.L. 2015, ch. 260, § 23; P.L. 2015, ch. 275, § 23.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-3. - Guardian to give recognizance.

§ 12-13-3. Guardian to give recognizance.
Whenever any person arraigned on an indictment or information before the superior court shall appear to the court to be non compos mentis and for that reason would be unable to give recognizance, the court in its discretion may appoint a guardian ad litem to give recognizance on behalf of the accused together with sureties, and the guardian ad litem shall be personally responsible for the compliance by the accused with the terms of recognizance; provided, that this procedure shall apply only when the offense is bailable.
History of Section.
G.L. 1938, ch. 625, § 19; P.L. 1952, ch. 3020, § 1; G.L. 1956, § 12-13-3; P.L. 1974, ch. 118, § 12.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-4. - Persons authorized to bail jail prisoners.

§ 12-13-4. Persons authorized to bail jail prisoners.
(a)
No person imprisoned in jail upon any criminal process shall be bailed, except by a justice of the supreme or superior court, or by the justice of the district court by which the person was committed, or by some person specially appointed for that purpose by a justice of the superior court; provided, that if the amount of bail for the prisoner has previously been set, then the bail shall be taken by the justice of the peace, duly authorized, or by the senior prison officer in charge at the adult correctional institution, if the prisoner or his or her counsel request the bail be taken.
(b)
In all cases where bail is taken at the adult correctional institutions, an administrative fee of twenty-five dollars ($25.00) shall be paid to the department of corrections by each person bailed and shall be deposited as general revenues.
History of Section.
G.L. 1896, ch. 285, § 15; C.P.A. 1905, § 1183; G.L. 1909, ch. 354, § 15; G.L. 1909, ch. 354, § 20; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 20; G.L. 1938, ch. 625, § 20; G.L. 1956, § 12-13-4; P.L. 1969, ch. 239, § 20; P.L. 1970, ch. 167, § 1; P.L. 1971, ch. 136, § 1; P.L. 1996, ch. 100, art. 35, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-5. - Justices authorized to bail on accusation of serious crime.

§ 12-13-5. Justices authorized to bail on accusation of serious crime.
No person accused of an offense for which bail may be denied pursuant to the provisions of R.I. Const., Art. I, Sec. IX shall be bailed except by one of the justices of the supreme, superior, and district courts.
History of Section.
G.L. 1896, ch. 285, § 13; C.P.A. 1905, § 1181; G.L. 1909, ch. 354, § 13; G.L. 1909, ch. 354, § 17; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 17; G.L. 1938, ch. 625, § 17; G.L. 1956, § 12-13-5; P.L. 1972, ch. 265, § 2; P.L. 1981, ch. 265, § 1; P.L. 1985, ch. 463, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-5.1. - Presumption of danger to the community.

§ 12-13-5.1. Presumption of danger to the community.
Whenever a person is charged with, or indicted or informed against, for an offense involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute, or deliver any controlled substance, or by possession of any controlled substance punishable by imprisonment for ten (10) years or more, and the state objects to the setting of bail pursuant to the R.I. Const., Art. I, Sec. IX, if the court determines that the proof of guilt is evident or the presumption great, then it shall be presumed that the person is a danger to the safety of the community unless that presumption is rebutted by the defendant.
History of Section.
P.L. 1988, ch. 652, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-5.2. - Drug testing required.

§ 12-13-5.2. Drug testing required.
Every person who shall be charged with or indicted or informed against for an offense involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute, or deliver any controlled substance as classified in schedule I or II in chapter 28 of title 21, or for possession of a controlled substance as classified in schedule I or II in chapter 28 of title 21, may in the discretion of the court, as a condition of bail, be required at his or her own expense to submit to drug testing in accordance with the standards and procedures of the department of health, not less than once per month.
History of Section.
P.L. 1990, ch. 457, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-6. - Bail or discharge for want of indictment or information.

§ 12-13-6. Bail or discharge for want of indictment or information.
Every person who shall be imprisoned upon suspicion of having committed an offense for which bail may be denied pursuant to the provisions of R.I. Const., Art. I, Sec. IX shall be bailed or discharged if not indicted or charged by information within six (6) months after the commitment.
History of Section.
G.L. 1896, ch. 285, § 16; G.L. 1909, ch. 354, § 16; G.L. 1909, ch. 354, § 56; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 56; G.L. 1938, ch. 625, § 56; G.L. 1956, § 12-13-6; P.L. 1972, ch. 265, § 1; P.L. 1974, ch. 118, § 12; P.L. 1985, ch. 463, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-7. - Right to prompt trial on indictment or information for serious crime.

§ 12-13-7. Right to prompt trial on indictment or information for serious crime.
Every person who shall be indicted for or charged by information with an offense for which bail may be denied pursuant to the provisions of R.I. Const., Art. I, Sec. IX, and shall be imprisoned under the indictment or information, shall be tried or bailed within six (6) months next after the time at which he or she shall plead to the indictment or information if he or she demands a trial, unless it shall appear to the court that some material witness in behalf of the state has been enticed away or is prevented from attending court by some unavoidable accident.
History of Section.
G.L. 1896, ch. 285, § 17; G.L. 1909, ch. 354, § 17; G.L. 1909, ch. 354, § 57; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 57; G.L. 1938, ch. 625, § 57; G.L. 1956, § 12-13-7; P.L. 1972, ch. 265, § 1; P.L. 1974, ch. 118, § 12; P.L. 1985, ch. 463, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-8. - Qualifications of sureties.

§ 12-13-8. Qualifications of sureties.
(a)
Whenever in any criminal case a defendant is required to recognize with surety or sureties, each surety, other than an incorporated surety company duly authorized by law to give the recognizance, must be a resident or freeholder within this state, and must be the owner of property of value to the amount expressed in the recognizance, over and above all incumbrances, but the justice or persons taking the recognizance may allow two (2) or more sureties to justify, provided they own in the aggregate property in value to the amount or sum for which the recognizance is given, over and above all incumbrances. The justice or person taking recognizance may require any surety offered to make affidavit or be examined orally under oath as to his or her qualifications as the surety.
(b)
Bail affidavits required for the posting of surety bail shall be approved and signed by any clerk, authorized by the presiding justice for bail posted in the superior courts, and by any clerk authorized by the chief judge of the district court for bail posted in the district courts. Neither the attorney general, nor his or her designee shall be required to approve the affidavits.
History of Section.
G.L. 1909, ch. 354, § 16; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 16; G.L. 1938, ch. 625, § 16; G.L. 1956, § 12-13-8; P.L. 1998, ch. 361, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-8.1. - Penalty for false affidavit.

§ 12-13-8.1. Penalty for false affidavit.
Any surety who knowingly makes a false affidavit regarding property to be offered as security for bail shall be subject to a fine of not more than five hundred dollars ($500) and/or shall be imprisoned for not more than one year.
History of Section.
P.L. 1982, ch. 321, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-9. - Commitment of juveniles on failure to give recognizance.

§ 12-13-9. Commitment of juveniles on failure to give recognizance.
Any accused person, under the age of eighteen (18) years, who shall be required by any court to enter into recognizance for his or her appearance before any court and shall not give the recognizance may, at the discretion of the court, be committed to the state training school for youth, there to remain until the required recognizance is given or he or she is otherwise discharged by law. The warrant or mittimus for the commitment of any the accused person to the school shall be, as nearly as the object of the commitment will admit, in the form prescribed in § 12-19-27 for the commitment of persons sentenced to the state training schools; and the director of corrections and his or her subordinates shall have the same authority over any accused person so committed to their custody which they have by law over persons sentenced to the school, except that they shall not have authority to bind out or discharge the accused persons.
History of Section.
G.L. 1896, ch. 285, §§ 48, 49; G.L. 1909, ch. 354, §§ 48, 49; G.L. 1909, ch. 354, § 28; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 28; G.L. 1938, ch. 625, § 28; impl. am. P.L. 1939, ch. 660, § 80; G.L. 1956, § 12-13-9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-10. - Deposit of money in lieu of bail.

§ 12-13-10. Deposit of money in lieu of bail.
Any person who is held in custody or committed upon a criminal charge, if entitled to be released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court, give before the court in which he or she is held to appear his or her personal recognizance to appear and do as ordered by the court, and shall be allowed to deposit, either individually or by another on his or her behalf, with the court in money ten percent (10%) of the amount of bail which he or she is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and upon delivery of the certificate to the officer in whose custody he or she is shall be released from custody, and the money shall be deposited in the registry of the court before which the person shall be recognized to appear. Consistent with Article 1, § 9 of the Rhode Island Constitution, the giving of surety, or in the alternative the deposit with the court of ten percent (10%) of the amount of bail set, shall be the sole monetary conditions of the release on bail, except as set forth herein. No court shall require the deposit of cash as the sole monetary condition of the release on bail, except in those cases where the defendant owes court-imposed restitution. Upon the default of the defendant, the court before which he or she is recognized to appear may, at any time thereafter, order the money deposited in the registry of the court be forfeited, subject to the provisions of §§ 12-13-16, 12-13-16.1 and 12-13-16.2, and the money shall be paid to the general treasurer. If money has been deposited and the defendant at any time before forfeiture shall appear before the court to which he or she was recognized to appear, and shall surrender himself or herself, or shall recognize before the court with sufficient surety or sureties, in such an amount, to appear and do as the court may order, or be in any manner legally discharged, then the court shall order the return of the deposit to the defendant. If the money remains on deposit at the time of a judgment ordering the payment of restitution or any assessment made pursuant to § 12-25-28 that has not been waived by the court, the clerk must apply the money in satisfaction of the judgment’s restitution order or assessment and after satisfying the order or assessment must refund the money surplus, if any, to the defendant or to the individual who posted the money on behalf of the defendant, as the case may be.
History of Section.
G.L. 1909, ch. 354, § 29; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 29; G.L. 1938, ch. 625, § 29; G.L. 1956, § 12-13-10; P.L. 1972, ch. 267, § 1; P.L. 1979, ch. 36, § 2; P.L. 1980, ch. 311, § 1; P.L. 1982, ch. 387, § 1; P.L. 1995, ch. 341, § 1; P.L. 1997, ch. 315, § 1; P.L. 2008, ch. 234, § 1; P.L. 2008, ch. 320, § 1; P.L. 2017, ch. 415, § 1; P.L. 2023, ch. 266, § 1, effective June 22, 2023; P.L. 2023, ch. 267, § 1, effective June 22, 2023.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-11. - New or additional recognizance.

§ 12-13-11. New or additional recognizance.
Whenever in any criminal case a defendant is required to recognize with surety or sureties, or has given a recognizance in the case, any justice of the district court, when the complaint is pending in the court or the person is held to answer to the court, or any justice of the superior court, may, on motion of the attorney general, require the defendant to be brought before the justice to show cause why he or she should not be required to give a new recognizance with surety or sureties in place of the one already required or given, and the justice in his or her discretion, if good cause is shown, may require the defendant to give in place of the recognizance already given or required a new recognizance in the same sum as that originally required or given with other and sufficient surety or sureties, or to give a new recognizance with surety or sureties in a different sum than that originally required or given, as to the justice may seem reasonable, to do and to perform the conditions of the recognizance already given or required. In case the defendant shall fail to give the new recognizance required of him or her, the defendant shall immediately be committed to the penal institution to which he or she would have been committed if he or she had failed to give the recognizance originally required there to remain until he or she shall give the new recognizance as required of him or her before some justice or person authorized to take it, or until he or she shall be discharged pursuant to law.
History of Section.
G.L. 1909, ch. 354, § 30; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 30; G.L. 1938, ch. 625, § 30; G.L. 1956, § 12-13-11; P.L. 1969, ch. 239, § 20.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-16. - Process on default of recognizance.

§ 12-13-16. Process on default of recognizance.
(a)
Whenever any person under recognizance shall fail to perform the condition of his or her recognizance, or failed to appear as required by the terms and conditions of his or her bail or recognizance, the default shall be recorded and process shall be issued against the persons bound in the recognizance, or those of them as the attorney general shall direct.
(b)
No process for forfeiture of bail nor any petition for forfeiture of bail may be filed by the attorney general, or designee, or otherwise initiated prior to the expiration of forty-five (45) days after any warrant issued by any court has been entered into the court’s database, the database of the bureau of criminal identification (BCI) for the state of Rhode Island, and the database for the National Crime Information Center (NCIC).
History of Section.
G.L. 1896, ch. 285, § 25; G.L. 1909, ch. 354, § 25; G.L. 1909, ch. 354, § 23; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 23; G.L. 1938, ch. 625, § 23; G.L. 1956, § 12-13-16; P.L. 2017, ch. 415, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-16.1. - Forfeiture of bail.

§ 12-13-16.1. Forfeiture of bail.
(a)
In any criminal case, whenever, after a hearing, it has been shown to the satisfaction of the court that the defendant has left the jurisdiction of the court or has failed to appear as required or has failed to perform the condition of his or her recognizance, the court shall order that the bail and/or any security for bail be forfeited.
(b)
Any person who has had bail posted with the assistance of a licensed bondsperson, and who is subsequently arrested on a bench warrant and brought before the court, or who fails to appear and is subsequently brought before the court without the intervention of or through a licensed bondsperson, shall not be released by the court on the same bail unless and until the licensed bondsperson who posted the original bail has been notified and been provided an opportunity to be heard regarding the licensed bondsperson’s willingness to continue as surety for the defendant/bailee. The court may, however, release the defendant within twenty-four (24) hours if the licensed bondsperson cannot be located or otherwise fails to appear to address the court relative to the original bail.
History of Section.
P.L. 1982, ch. 321, § 1; P.L. 1986, ch. 435, § 1; P.L. 2017, ch. 415, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-16.2. - Forfeiture of bail — Licensed bondsperson.

§ 12-13-16.2. Forfeiture of bail — Licensed bondsperson.
(a)
In any criminal case, whenever a forfeiture of bail has been ordered pursuant to § 12-13-16.1 and where the bail and/or security for bail has been posted by a licensed bondsperson registered with the court, the court shall only order an amount to be forfeited up to, but not more than, ten percent (10%) of the original bail set and pledged as surety.
(b)
Subsequent to any forfeiture of bail pursuant to subsection (a) of this section, and prior to the forfeiture of further surety pledged by a licensed bondsperson provided herein, the court shall:
(1)
Provide the licensed bondsperson a period of time equal to six (6) months to return the fugitive to the court before further pledged surety shall be forfeited. Before ordering further forfeiture, the court shall conduct a hearing and provide the licensed bondsperson an opportunity to demonstrate all reasonable actions the bondperson took to locate, apprehend, and return the fugitive to the court. The court shall consider the due diligence of the licensed bondsperson in determining how much, if any, of the remaining amount of surety the bondsperson shall be ordered to forfeit for the failure or inability to locate, apprehend, and return the fugitive to the court. The court at that time may provide the licensed bondsperson with additional time in which to locate and return the fugitive.
(2)
In the event that the licensed bondsperson fails or is unable to locate and return the fugitive, the court may order an amount to be forfeited up to, but not more than, ten percent (10%) of the original bail set and pledged as surety, plus the reasonable expenses incurred by the state in attempting to locate and apprehend the fugitive; and provided, further, that if the fugitive is found and presented before the court within six (6) months of the issuance of the warrant, there shall be no forfeiture.
(3)
The bondsperson shall be responsible to pay all fees and costs associated with the entry of any warrant into the BCI or the NCIC prior to its entry into either database as required in § 12-13-16(b). Upon request of the bondsperson, the clerk of the court shall provide a certified copy of the arrest warrant to the bondsperson without charge to insure the bondsperson’s ability to locate, apprehend, and return the fugitive from outside the state of Rhode Island.
History of Section.
P.L. 2017, ch. 415, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-18. - Power of surety on recognizance over principal.

§ 12-13-18. Power of surety on recognizance over principal.
Every person who shall be surety in any recognizance to keep the peace, or for the appearance of any person accused or of any witness, or in any recognizance which shall be given on claiming an appeal, shall have the same power and authority over his or her principal as though he or she were bail for the principal in any civil cause.
History of Section.
G.L. 1896, ch. 285, § 27; G.L. 1909, ch. 354, § 27; G.L. 1909, ch. 354, § 25; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 25; G.L. 1938, ch. 625, § 25; G.L. 1956, § 12-13-18.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-19. - Surrender or commitment of principal.

§ 12-13-19. Surrender or commitment of principal.
The surety may at any time surrender the principal to the court or magistrate who took the recognizance; provided, that in case any recognizance shall have been certified to some other court, the surrender shall be made to the court when in session; or the surety may at any time commit the principal to the adult correctional institutions, leaving with the warden a certified copy of the recognizance; and upon the surrender or commitment, the surety shall be discharged and exempt from all liability for any subsequent act of the principal, which would have been a breach of the condition of the recognizance.
History of Section.
G.L. 1896, ch. 285, § 28; G.L. 1909, ch. 354, § 28; G.L. 1909, ch. 354, § 26; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 26; G.L. 1938, ch. 625, § 26; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-13-19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-20. - Status of person surrendered or committed.

§ 12-13-20. Status of person surrendered or committed.
The person so surrendered or committed may be recognized anew with sufficient surety and be in all respects dealt with in the like manner and with the same effect as though he or she had never given any recognizance in the case.
History of Section.
G.L. 1896, ch. 285, § 29; G.L. 1909, ch. 354, § 29; G.L. 1909, ch. 354, § 27; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 27; G.L. 1938, ch. 625, § 27; G.L. 1956, § 12-13-20.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-21. - Registration of sureties.

§ 12-13-21. Registration of sureties.
No person proposing to become bail or surety in a felony case for hire or reward, either received or to be received, shall be accepted unless he or she has been approved and registered as a professional bondsperson by the presiding justice of the superior court or his or her designee. This approval and registration may be revoked at any time by the court or justice, and shall be revoked in case the bondsperson fails for one hundred eighty (180) days after the issuance of process under § 12-13-16 to satisfy in full the recognizance to which he or she is bound, or the amount of the original recognizance as determined in the discretion of the court, in accordance with § 12-13-10. All professional bondspersons shall be governed by rules which shall be established from time to time by the superior court.
History of Section.
P.L. 1979, ch. 36, § 1; P.L. 1981, ch. 260, § 1; P.L. 1982, ch. 241, § 1; P.L. 1986, ch. 467, § 1; P.L. 2000, ch. 109, § 14.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-22. - Recordation of recognizance — Lien.

§ 12-13-22. Recordation of recognizance — Lien.
(a)
Each recognizance with surety or sureties given in the supreme or superior court shall be recorded by the department of attorney general, and each recognizance with surety or sureties given in the family or district court shall be recorded by the clerk of the courts, within seven (7) days of acceptance of the recognizance by the court, in the office of land records in the city or town in which the real estate pledged as security is located. The fee for filing shall be paid by the defendant or by the defendant’s surety or sureties. The notice of recognizance shall contain the defendant’s name, the property owner’s name, the address of the property, and the assessor’s plat and lot number. The surety or sureties offering the property shall provide the clerk of the court with the above information before the property is accepted. The surety or sureties shall also provide the clerk of the court with an affidavit that they are the owners of the property or properties and that they will not transfer or further encumber the property or properties within thirty (30) days after the property or properties have been accepted by the court.
(b)
Any recognizance notice so recorded shall be a lien on the property or properties pledged in favor of the state of Rhode Island until the attorney general or clerk of the family or district court executes a release of the lien.
History of Section.
P.L. 1982, ch. 275, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-23. - Bail and bail bonds — Examination for sufficiency.

§ 12-13-23. Bail and bail bonds — Examination for sufficiency.
(a)
Following the posting of a bail bond and the justifying affidavit or affidavits or the posting of cash bail, the court may conduct an inquiry for the purpose of determining the reliability of the obligors or person posting cash bail, the value and sufficiency of any security offered, and whether any feature of the undertaking contravenes public policy; provided, that before undertaking an inquiry of a person posting cash bail, the court, after application of the attorney general, must have had reasonable cause to believe that the person posting cash bail is not in rightful possession of money posted as cash bail or that the money constitutes the fruits of criminal or unlawful conduct. The court may inquire into any matter stated or required to be stated in the justifying affidavits, and may also inquire into other matters appropriate to the determination, which includes, but are not limited to, the following:
(1)
The background, character and reputation of any obligor, and, in the case of a professional bondsperson, the qualifications of the surety-obligor and its executing agent;
(2)
The source of any money or property delivered or agreed to be delivered by any obligor as security, and whether any of the money or property constitutes the fruits of criminal or unlawful conduct;
(3)
The source of any money or property delivered or agreed to be delivered to any obligor as indemnification on the bond, and whether any of the money or property constitutes the fruits of criminal or unlawful conduct;
(4)
The background, character and reputation of any person who had indemnified or agreed to indemnify an obligor upon the bond; and whether any the indemnitor, not being approved and registered by the superior court as a professional bondsperson, has within a period of two (2) months prior to the indemnity transaction given indemnification or security for the same purpose in more than two cases not arising out of the same transaction;
(5)
The source of any money posted as cash bail, and whether any of the money constitutes the fruits of criminal or unlawful conduct; and
(6)
The background, character and reputation of the person posting cash bail.
(b)
Upon the inquiry provided in subsection (a) of this section, the court may examine, under oath or otherwise, the obligors and any other persons who may possess material information. The attorney general has a right to attend the inquiry, to call witnesses, and to examine any witness in the proceeding. The court may, upon request of the attorney general, adjourn the proceeding for a reasonable period to allow him or her to investigate the matter.
(c)
At the conclusion of the inquiry, the court must issue an order either approving or disapproving the bail.
History of Section.
P.L. 1991, ch. 55, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-24. - Confidentiality of pretrial services program records.

§ 12-13-24. Confidentiality of pretrial services program records.
(a)
Information supplied by a defendant to a representative of the pretrial services program during the defendant’s initial interview or subsequent contacts, or information obtained by the pretrial services program as a result of the interview or subsequent contacts, shall be deemed confidential and shall not be subject to subpoena or to disclosure without the written consent of the defendant except in the following circumstances:
(1)
Information relevant to the imposition of conditions of release shall be presented to the court on a standardized form when the court is considering what conditions of release to impose;
(2)
Information furnished by the defendant to the pretrial services program and recorded on a completed interview form shall be furnished to law enforcement officials upon request only if the defendant fails to appear in court when required, after notice to the defendant or the defendant’s attorney of record;
(3)
Information concerning compliance with any conditions of release imposed by the court shall be furnished to the court upon its request for consideration or modification of conditions of release or of sentencing or of probation;
(4)
Information relevant to sentencing or probation shall be furnished to the court upon its request for consideration in imposing sentence or probation;
(5)
At its discretion, the court may permit the probation officer, for the purpose of preparing the presentence investigation report, and the defense attorney to inspect the completed interview form;
(6)
In felony cases, completed pre-arraignment reports shall be provided to the superior court; and
(7)
Any person conducting an evaluation of the pretrial release program may have access to all completed interview forms upon order from the supreme court.
(b)
At the beginning of the defendant’s initial interview with a representative of the pretrial services program, the defendant shall be advised of the above uses of information supplied by him or her or obtained as a result of information supplied by him or her.
History of Section.
P.L. 1989, ch. 117, § 1; P.L. 2017, ch. 342, § 4; P.L. 2017, ch. 353, § 4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-14 - Payment of Traffic Fines › Section 12-14-1. - Payment of fines for ordinance violations to clerk of district court.

§ 12-14-1. Payment of fines for ordinance violations to clerk of district court.
The town council of any town or the legislative body of any city, except the cities of Providence, Newport, Central Falls, Cranston, and Warwick and the towns of Bristol, Charlestown, Johnston, Narragansett, North Kingstown, South Kingstown, Warren, Westerly, and North Providence may by ordinance provide that whenever a person shall be charged with a violation of a provision of any of its ordinances relating to traffic, the jurisdiction and cognizances of violations of which ordinance is in the district court, and the person is notified in writing by a police officer to appear on a day and hour stated in the notice to answer the charge before a division of the district court having jurisdiction, the person, instead of personally appearing in court, may, in person or by one duly authorized by him or her in writing, appear before the clerk of the division of the district court having jurisdiction, admit the truth of the charge and pay to the clerk any fine that the court may from time to time, by standing order or rule establish or as may be fixed by the ordinance enacted under this section as the fixed penalty for those violations, not to exceed in any case the maximum fine imposed by law; provided, that appearance, admission, and payment is made at the office of the clerk during the office hours of the clerk within seven (7) days of the notification, and failure to appear within that time shall be deemed a waiver of the right to dispose of the charge without personal appearance in court. The payment of the fine to the clerk in the manner provided in this section shall operate as a final disposition of the charge and the proceedings shall not be deemed criminal. The notice shall indicate the offense charged and shall also contain any information that will enable the person charged to take advantage of the provisions of the ordinance enacted under this section.
History of Section.
G.L. 1923, ch. 331, § 42; P.L. 1932, ch. 1924, § 1; P.L. 1938, ch. 2618, § 1; G.L. 1938, ch. 501, § 42; P.L. 1940, ch. 863, § 1; P.L. 1941, ch. 1008, § 1; P.L. 1942, ch. 1120, § 1; P.L. 1945, ch. 1546, § 1; P.L. 1947, ch. 1912, § 1; P.L. 1948 ch. 2137, § 1; P.L. 1952, ch. 2976, § 1; G.L. 1956, § 12-14-1; P.L. 1961, ch. 16, § 1; P.L. 1961, ch. 49, § 1; P.L. 1962, ch. 136, § 1; P.L. 1969, ch. 239, § 25.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-14 - Payment of Traffic Fines › Section 12-14-2. - Violation of parking regulations in the city of Newport.

§ 12-14-2. Violation of parking regulations in the city of Newport.
The city of Newport is authorized and empowered to fix any fines that the Newport city council may, from time to time, establish for violation of traffic ordinances. The city council may designate the police department for the purpose of collecting any fines, when the offender desires to dispose of the charge without personal appearance in court within seven (7) days from notification of the fine. The police department is authorized to receive the fines, directly or by mail, from any person charged with violation of any provision of the ordinances of the city relating to traffic, and the money so received and collected shall be turned over by the police to the director of finance of the city. All charges, records and payments shall be immediately entered by the police in their books, containing records of the violations, their disposition, and money received as fines shall be audited not less than once every three (3) months by the finance director of the city. In the event the offender refuses or neglects to dispose of the charges within seven (7) days, then he or she shall be brought before the district court of the state of Rhode Island, second division, for trial and for any disposition of the case that the court may decide to be proper, in which case, the provisions of § 12-14-1, relating to fines and their disposition, shall prevail.
History of Section.
P.L. 1932, ch. 1907, § 1; G.L. 1938, ch. 501, § 43; P.L. 1951, ch. 2677, § 1; G.L. 1956, § 12-14-2; P.L. 1969, ch. 239, § 25; P.L. 1971, ch. 118, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-14 - Payment of Traffic Fines › Section 12-14-3. - Violations of Central Falls ordinance.

§ 12-14-3. Violations of Central Falls ordinance.
The city of Central Falls is authorized and empowered to fix any fines that the council committee on police may, from time to time, establish for violation of traffic ordinances. The council committee on police may designate one person who shall act as clerk of the police department for the purpose of collecting fines as provided in this section, when the offender decides to dispose of the charge without personal appearance in court, within seven (7) days from notification of the fine. The police clerk of the police department is authorized to receive the fines directly from any person charged with a violation of any provision of the ordinances of the city relating to traffic, and the money so received and collected shall be turned over by the police clerk to the city treasurer. All charges, records and payments shall be immediately entered by the clerk of police, and the books of the clerk of police containing records of the violations, their dispositions, and money received as fines shall be audited not less than once each month by the city auditor of the city. In the event the offender refuses or neglects to dispose of the charges before seven (7) days, then he or she shall be brought before the district court for the fifth division for trial and for any disposition of the case that the court may decide to be proper, in which case the provisions of § 12-14-1 relating to fines and their disposition shall prevail.
History of Section.
G.L. 1923, ch. 331, § 43; P.L. 1938, ch. 2618, § 2; G.L. 1938, ch. 501, § 44; G.L. 1956, § 12-14-3; P.L. 1969, ch. 239, § 25.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-14 - Payment of Traffic Fines › Section 12-14-4. - Violations of Bristol, Johnston, Narragansett, North Kingstown, South Kingstown, Warren, Westerly, West Warwick, and North Providence ordinances.

§ 12-14-4. Violations of Bristol, Johnston, Narragansett, North Kingstown, South Kingstown, Warren, Westerly, West Warwick, and North Providence ordinances.
The towns of Bristol, Johnston, Narragansett, North Kingstown, South Kingstown, Warren, Westerly, West Warwick and North Providence are authorized and empowered to fix any fines that the respective town council may, from time to time, establish for violation of traffic ordinances. The town councils may designate the police department for the purpose of collecting the fines as provided in this section, when the offender decides to dispose of the charge without personal appearance in court within seven (7) days from the notification. The police department is authorized to receive the fines directly from any person charged with a violation of any provision of the ordinances of the town relating to traffic, and the money so received and collected shall be turned over by the police to the town treasurer. All charges, records and payments shall be immediately entered by the police, and the books of the police containing records of the violations, their dispositions and money received as fines shall be audited not less than once every three (3) months by a town auditor of the town. In the event the offender refuses or neglects to dispose of the charges before seven (7) days, then he or she shall be brought before the district court for the first, fourth, or sixth divisions, as the case may be, for trial and for any disposition of the case that the court may decide to be proper, in which case the provisions of § 12-14-1, relating to fines and their disposition, shall prevail.
History of Section.
G.L. 1938, ch. 501, § 45; P.L. 1940, ch. 863, § 2; P.L. 1941, ch. 1008, § 2; P.L. 1942, ch. 1120, § 2; G.L. 1956, § 12-14-4; P.L. 1961, ch. 16, § 2; P.L. 1961, ch. 49, § 2; P.L. 1962, ch. 136, § 2; P.L. 1969, ch. 239, § 25; P.L. 2001, ch. 298, § 1.