reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-8. - Compulsory process for defense witnesses.

§ 12-17-8. Compulsory process for defense witnesses.
Compulsory process for obtaining witnesses in favor of any person indicted or charged by information shall issue out of any court before which the person shall be brought for trial, upon a satisfactory showing that he or she is unable to procure witnesses at his or her own expense.
History of Section.
G.L. 1896, ch. 285, § 65; G.L. 1909, ch. 354, § 65; G.L. 1909, ch. 354, § 68; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 68; G.L. 1938, ch. 625, § 61; G.L. 1956, § 12-17-8; P.L. 1972, ch. 169, § 23; P.L. 1974, ch. 118, § 13.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-9. - Defendant as witness.

§ 12-17-9. Defendant as witness.
No respondent in a criminal prosecution, offering himself or herself as a witness, shall be excluded from testifying because he or she is a respondent; and neglect or refusal so to testify shall create no presumption nor be used in argument against him or her.
History of Section.
C.P.A. 1905, § 396; G.L. 1909, ch. 292, § 44; G.L. 1923, ch. 342, § 44; G.L. 1938, ch. 538, § 11; G.L. 1956, § 12-17-9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-10. - Defendant’s spouse as witness.

§ 12-17-10. Defendant’s spouse as witness.
The husband or wife of any respondent in a criminal prosecution, offering himself or herself as a witness, shall not be excluded from testifying because he or she is the husband or wife of the respondent.
History of Section.
C.P.A. 1905, § 397; G.L. 1909, ch. 292, § 45; G.L. 1923, ch. 342, § 45; G.L. 1938, ch. 537, § 17; G.L. 1956, § 12-17-10.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-10.1. - Spouse as witness in domestic or child abuse actions.

§ 12-17-10.1. Spouse as witness in domestic or child abuse actions.
In any prosecution involving sexual assault, assault, or abuse committed against one’s spouse or against a minor child of the defendant or of the defendant’s spouse, the judge may order the spouse of the defendant to give testimony against the defendant notwithstanding the fact that the spouse may have been married to the defendant before, at the time of, or after the commission of the offense, and notwithstanding the fact that the spouse may be called as a witness during the existence of the marriage or after its dissolution.
History of Section.
P.L. 1987, ch. 124, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-11. - Commitment of witness on presumption of perjury.

§ 12-17-11. Commitment of witness on presumption of perjury.
Whenever it shall appear to any court of record that any witness or party who has been legally sworn or affirmed and examined or has made an affidavit in the proceeding before the court has testified in such a manner as to induce a reasonable presumption that he or she has been guilty of perjury in the proceeding, the court may immediately commit the witness or party by an order or process for that purpose, or may take a recognizance with surety for his or her appearance to answer an indictment or information for perjury.
History of Section.
G.L. 1896, ch. 285, § 22; G.L. 1909, ch. 354, § 22; G.L. 1909, ch. 354, § 72; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 72; G.L. 1938, ch. 625, § 65; G.L. 1956, § 12-17-11; P.L. 1974, ch. 118, § 13.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-12. - Detention of evidence as to perjury.

§ 12-17-12. Detention of evidence as to perjury.
If, in any proceeding in which perjury may be reasonably presumed pursuant to § 12-17-11, any papers, books, or documents shall have been produced which shall be deemed necessary to be used in any prosecution for perjury, the court may by order detain them from the person producing them, so long as may be necessary, in order that they may be used in the prosecution.
History of Section.
G.L. 1896, ch. 285, § 23; G.L. 1909, ch. 354, § 23; G.L. 1909, ch. 354, § 73; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 73; G.L. 1938, ch. 625, § 66; G.L. 1956, § 12-17-12.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-13. - Jury ordered not to separate.

§ 12-17-13. Jury ordered not to separate.
Upon motion of the attorney general or of the attorney for the defendant in a criminal case, the court may, in its discretion, order that the jury impaneled and sworn to serve shall not be permitted to separate until discharged according to law from the further consideration of the case; provided, notwithstanding the provisions of § 8-7-2, whenever a criminal trial shall have been opened to a jury, the trial shall continue to its conclusion; and provided, further, that the jurors shall receive double pay. Sheriffs assigned to juries subject to an order not to separate shall receive double pay.
History of Section.
P.L. 1920, ch. 1948, § 38; G.L. 1923, ch. 329, § 38; G.L. 1938, ch. 506, § 36; G.L. 1938, ch. 506, § 34; P.L. 1939, ch. 700, § 1; P.L. 1949, ch. 2333, § 1; G.L. 1956, § 12-17-13.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-14. - Conviction of lesser-included offense or attempt.

§ 12-17-14. Conviction of lesser-included offense or attempt.
Whenever any person is tried upon an indictment, information, or complaint and the court or jury, as the case may be, shall not be satisfied that he or she is guilty of the whole offense, but shall be satisfied that he or she is guilty of so much of the offense as shall substantially amount to an offense of a lower nature, or that the defendant did not complete the offense charged, but that he or she was guilty only of an attempt to commit the same offense, the court or jury may find him or her guilty of the lower offense or guilty of an attempt to commit the offense, as the case may be, and the court shall proceed to sentence the person for the offense of which he or she shall be so found guilty, notwithstanding that the court had not otherwise jurisdiction of the offense.
History of Section.
G.L. 1896, ch. 285, § 24; P.L. 1897, ch. 463, § 1; C.P.A. 1905, § 1185; G.L. 1909, ch. 354, § 24; G.L. 1909, ch. 354, § 11; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 11; G.L. 1938, ch. 625, § 11; G.L. 1956, § 12-17-14; P.L. 1974, ch. 118, § 13.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-15. - Compelling evidence in criminal proceedings — Immunity.

§ 12-17-15. Compelling evidence in criminal proceedings — Immunity.
Whenever a witness, including a child as defined in § 14-1-3, refuses, on the basis of his or her privilege against self-incrimination, to answer a question or to produce other evidence of any kind in a criminal proceeding before any court or grand jury of this state, the attorney general may, in writing, request the presiding justice of the superior court or the chief judge of the family court or the district court to order the witness to answer the question or produce the evidence. The court, in its discretion, after notice to the witness, may order the witness to answer the question or produce the evidence. The witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but the witness shall not be prosecuted or subjected to penalty or forfeiture for, or on account of, any transaction or matter regarding which, in accordance with the order, he or she gave answer or produced evidence and no testimony or other information compelled under the order or any information directly or indirectly derived from the testimony or other information shall be used against the witness in any criminal case, except he or she may be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing, or contempt committed in answering or failing to answer, or in producing or failing to produce evidence, in accordance with the order. No court order directing a witness to answer a question or to produce evidence issued pursuant to this section shall operate to vacate, modify, or otherwise prevent the enforcement of any conviction, judgment, or sentence entered by any court against the witness prior to the grant of immunity, unless the order entered pursuant to this section expressly provides for it.
History of Section.
P.L. 1969, ch. 54, § 1; P.L. 1981, ch. 217, § 1; P.L. 1981, ch. 243, § 1; P.L. 1986, ch. 513, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-16. - Defendant’s right of discovery.

§ 12-17-16. Defendant’s right of discovery.
In any criminal proceeding where the prosecution is in possession of tangible evidence which may be used at trial of any defendant, the defendant shall have the right upon demand given in writing to the prosecuting authorities to inspect, examine, and/or copy the evidence at a time and place to be fixed by a justice of a court of proper jurisdiction.
History of Section.
P.L. 1969, ch. 203, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-17. - Restrictions on the defense of provocation.

§ 12-17-17. Restrictions on the defense of provocation.
For purposes of determining sudden quarrel or heat of passion, the provocation was not objectively reasonable if it resulted solely from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic relationship.
History of Section.
P.L. 2018, ch. 125, § 1; P.L. 2018, ch. 294, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-18. - Restrictions on the defense of diminished capacity.

§ 12-17-18. Restrictions on the defense of diminished capacity.
A defendant does not suffer from reduced mental capacity based solely on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.
History of Section.
P.L. 2018, ch. 125, § 1; P.L. 2018, ch. 294, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-17 - Trial › Section 12-17-19. - Restrictions on the defense of self-defense.

§ 12-17-19. Restrictions on the defense of self-defense.
A person is not justified in using force against another based solely on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.
History of Section.
P.L. 2018, ch. 125, § 1; P.L. 2018, ch. 294, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-18 - Probation › Section 12-18-1. - Placement of offenders under director of corrections.

§ 12-18-1. Placement of offenders under director of corrections.
It shall be lawful for any court in the state, at any time before sentence, to provisionally place any offender, juvenile or adult, who can lawfully be admitted to bail, under the control and supervision of the director of corrections or the director’s designee or any probation officer that the director may designate, and whenever any offender shall be placed in the custody or under the control and supervision of the director or designee or of any designated probation officer, the director or designee and the probation officer shall have and exercise the same rights and powers in relation to the offender as are or may be possessed by a surety on a recognizance.
History of Section.
G.L. 1923, ch. 405, § 2; P.L. 1926, ch. 861, § 1; G.L. 1923, ch. 405, § 3; P.L. 1932, ch. 1930, § 2; G.L. 1938, ch. 619, § 3; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 12-18-1; P.L. 1966, ch. 182, § 2; Reorg. Plan No. 1, 1970; P.L. 1972, ch. 163, § 2; P.L. 1976, ch. 290, § 6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-18 - Probation › Section 12-18-2. - Return of probationers or parolees from outside state.

§ 12-18-2. Return of probationers or parolees from outside state.
Whenever any person who has been placed in custody of the director of corrections or the director’s designee or of a probation officer by any court in this state, or has been paroled by the parole board, has left this state while in custody or while on parole, the director or designee, in his or her discretion, with the advice of the attorney general, is authorized to cause the person to be brought back to this state.
History of Section.
G.L. 1909, ch. 352, § 5; P.L. 1912, ch. 777, § 1; P.L. 1914, ch. 1052, § 1; G.L. 1923, ch. 405, § 5; G.L. 1923, ch. 405, § 3; P.L. 1926, ch. 861, § 1; G.L. 1923, ch. 405, § 4; P.L. 1932, ch. 1930, § 2; G.L. 1938, ch. 619, § 4; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 12-18-2; Reorg. Plan No. 1, 1970; P.L. 1972, ch. 163, § 2; P.L. 1976, ch. 290, § 6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-18 - Probation › Section 12-18-3. - Plea of nolo contendere followed by probation — Effect.

§ 12-18-3. Plea of nolo contendere followed by probation — Effect.
(a)
Whenever any person shall be arraigned before the district court or superior court and shall plead nolo contendere, and the court places the person on probation pursuant to § 12-18-1, then upon the completion of the probationary period, and absent a violation of the terms of the probation, the plea and probation shall not constitute a conviction for any purpose. Evidence of a plea of nolo contendere followed by a period of probation, completed without violation of the terms of the probation, may not be introduced in any court proceeding, except that records may be furnished to a sentencing court following the conviction of an individual for a crime committed subsequent to the successful completion of probation on the prior offense.
(b)
This section shall not apply to any person who is sentenced to serve a term in the adult correctional institutions or who is given a suspended or deferred sentence in addition to probation.
(c)
The provisions of this section shall not apply to persons making applications for the purchase of a firearm, or to persons making applications for permission to carry a concealable weapon, if the crime for which the plea was entered was a crime of violence as defined in § 11-47-2 or the plea was entered pursuant to chapter 28 of title 21. In these cases a plea of nolo contendere followed by probation shall be deemed a conviction for the purposes stated in this subsection.
History of Section.
P.L. 1982, ch. 354, § 1; P.L. 1984, ch. 409, § 1; P.L. 1990, ch. 284, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-18.1 - Probation and Parole Support Act › Section 12-18.1-1. - Short title.

§ 12-18.1-1. Short title.
This chapter shall be known as the “Probation and Parole Support Act.”
History of Section.
P.L. 1987, ch. 118, art. 9, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-18.1 - Probation and Parole Support Act › Section 12-18.1-3. - Court costs.

§ 12-18.1-3. Court costs.
(a)
The court shall assess as court costs, in addition to those otherwise provided by law, against all defendants charged with a felony, misdemeanor, or petty misdemeanor, and who plead nolo contendere or guilty or who are found guilty of the commission of those crimes, as follows:
(1)
Where the offense charged is a felony and carries a maximum penalty of five (5) or more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed on the defendant by the court, whichever is greater;
(2)
Where the offense charged is a felony and carries a maximum penalty of less than five (5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine imposed on the defendant by the court, whichever is greater; and
(3)
Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent (10%) of any fine imposed on the defendant by the court, whichever is greater.
(b)
These court costs shall not be assessed when the defendant is sentenced to prison for thirty (30) days or more on any count, multiple counts, or multiple charges and shall be remitted if a defendant subsequently serves thirty (30) days or more on a violation.
(c)
When there are multiple counts or multiple charges to be disposed of simultaneously, the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or charges above one.
(d)
If a defendant is indigent, or demonstrates a limited or inability to pay, in accordance with the standards and procedures contained in §§ 12-20-10 and 12-21-20, the court costs contemplated by this section may be waived or reduced.
History of Section.
P.L. 1987, ch. 118, art. 9, § 1; P.L. 1991, ch. 44, art. 40, § 1; P.L. 2008, ch. 297, § 2; P.L. 2008, ch. 326, § 2; P.L. 2022, ch. 200, § 1, effective June 27, 2022; P.L. 2022, ch. 201, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-18.1 - Probation and Parole Support Act › Section 12-18.1-4. - Deposit of and use of proceeds.

§ 12-18.1-4. Deposit of and use of proceeds.
All revenues collected under § 12-18.1-3 shall be deposited as general revenues.
History of Section.
P.L. 1987, ch. 118, art. 9, § 1; P.L. 1995, ch. 370, art. 40, § 41.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-18.1 - Probation and Parole Support Act › Section 12-18.1-5. - Report to governor and general assembly.

§ 12-18.1-5. Report to governor and general assembly.
(a)
Pursuant to § 12-18.1-4 there shall be annually transmitted to the governor and general assembly a report setting forth the amount of money in the fund at the beginning of each year, the amount collected during the year, and the total of money disbursed from the fund during the year.
(b)
The annual report required by this section shall be filed by March 1 of each year.
History of Section.
P.L. 1993, ch. 60, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-2.1. - Crimes committed in a public housing for the elderly project.

§ 12-19-2.1. Crimes committed in a public housing for the elderly project.
(a)
Whenever a person has been found guilty of an offense described in subsection (b) of this section which was committed while on the premises of a public housing for the elderly project and upon a resident of the project, the court shall sentence the person to imprisonment for not more than five (5) years in addition to any other punishment which the court, in its discretion, may impose.
(b)
This section shall apply to any offense in the following categories: (1) assault and battery; (2) statutory burning of personal property; (3) larceny of property or money of a value not exceeding five hundred dollars ($500); (4) and any other crime, excluding motor vehicle offenses, which results in personal injury or death, unless a maximum sentence of greater than five (5) years is provided elsewhere in the general laws.
History of Section.
P.L. 1980, ch. 238, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-3. - Deodands — Benefit of clergy — Petit treason.

§ 12-19-3. Deodands — Benefit of clergy — Petit treason.
Deodands, the plea of the benefit of clergy, and the distinction between petit treason and murder, are abolished. Petit treason shall be prosecuted and punished as murder.
History of Section.
G.L. 1896, ch. 285, § 32; G.L. 1909, ch. 354, § 32; G.L. 1909, ch. 354, § 50; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 50; G.L. 1938, ch. 625, § 51; G.L. 1956, § 12-19-3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-4. - Corruption of blood — Forfeiture of estate.

§ 12-19-4. Corruption of blood — Forfeiture of estate.
No conviction or sentence for any offense whatsoever shall work corruption of blood or forfeiture of estate.
History of Section.
G.L. 1896, ch. 285, § 35; G.L. 1909, ch. 354, § 35; G.L. 1909, ch. 354, § 58; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 58; G.L. 1938, ch. 625, § 58; G.L. 1956, § 12-19-4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-5. - Imprisonment to commence at expiration of previous term of imprisonment.

§ 12-19-5. Imprisonment to commence at expiration of previous term of imprisonment.
Whenever any person shall be convicted of any offense punishable by imprisonment, that person being at the time under sentence of imprisonment on a former conviction, the court passing the subsequent sentence may sentence the person to the term of imprisonment provided by law to commence at the expiration of the term of imprisonment under the former sentence or sentences.
History of Section.
G.L. 1896, ch. 285, § 43; G.L. 1909, ch. 354, § 43; G.L. 1909, ch. 354, § 49; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 49; G.L. 1938, ch. 625, § 49; G.L. 1956, § 12-19-5.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-6. - Presentence reports.

§ 12-19-6. Presentence reports.
Whenever an accused shall be found guilty after trial or shall plead guilty or nolo contendere on any charge for which a sentence of more than one year may be imposed, the court shall, before imposing sentence, have presented to it by the administrator of probation and parole a presentence report. All local and state police agencies shall furnish to the administrator of probation and parole any criminal records that the administrator may request.
History of Section.
G.L. 1938, ch. 625, § 75; P.L. 1956, ch. 3721, § 4; G.L. 1956, § 12-19-6; P.L. 1961, ch. 190, § 1; P.L. 1972, ch. 169, § 25.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-7. - Recommendations of counsel as to sentence.

§ 12-19-7. Recommendations of counsel as to sentence.
At the time sentence shall be imposed by the court, the recommendation of the department of the attorney general and of defense counsel shall be recorded and a copy of the record shall be filed with the director of corrections.
History of Section.
G.L. 1938, ch. 625, § 77; P.L. 1956, ch. 3721, § 4; G.L. 1956, § 12-19-7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-8. - Suspension of sentence and probation by superior or district court.

§ 12-19-8. Suspension of sentence and probation by superior or district court.
(a) Application.
Except where the suspension of sentence shall otherwise be prohibited by law, and subject to the purposes and limits imposed by this section and § 12-19-8.1, whenever any defendant shall appear for sentence before the superior or district court, the court may impose a sentence and suspend the execution of the sentence, in whole or in part, or place the defendant on probation without the imposition of a suspended sentence. The suspension shall place the defendant on probation for the time of probation that the court may fix and pursuant to the terms and conditions set by § 12-19-8.1.
(b) Duration.
The period of probation for a felony shall be set for a period of time as required by law, or in accordance with judicial sentencing benchmarks. The period of probation for a misdemeanor, where no sentence is imposed or where sentence is entirely suspended, may be for any period up to the maximum time of sentence provided by applicable statutes. Where sentence is imposed and suspended in part, the term ordered to be served and the period of probation together shall not exceed the maximum time of sentence provided by applicable statutes.
(c)
[Deleted by P.L. 2017, ch. 345, § 1 and P.L. 2017, ch. 351, § 1].
History of Section.
G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956, § 12-19-8; P.L. 1966, ch. 182, § 1; P.L. 1974, ch. 224, § 1; P.L. 2014, ch. 518, § 1; P.L. 2014, ch. 554, § 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 12-19-8.1. - Conditions of probation.

§ 12-19-8.1. Conditions of probation.
(a)
The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed:
(1)
Obey all laws;
(2)
Report to the probation officer and parole officer as directed;
(3)
Remain within the state of Rhode Island except with the prior approval, specifically or as an agreed routine, of the probation and parole office;
(4)
Notify the probation and parole officer immediately of any change of address, telephone number, or employment;
(5)
Make every effort to keep steadily employed or attend school or vocational training;
(6)
Waive extradition from anywhere in the United States to Rhode Island, if required to appear in any Rhode Island court;
(7)
Provide a DNA sample if required by §§ 12-1.5-7 and 12-1.5-8;
(8)
Pay restitution, court costs, and fines, if assessed, in one or several sums, based on the defendant’s ability to pay; and
(9)
Submit to a risk and needs assessment.
(b)
Special probation conditions related to community service, computer restrictions, no contact orders, or any other conditions deemed just and reasonable may be imposed at the discretion of the court.
(c)
At any time during the term of a sentence imposed, the probation and parole unit of the department of corrections may seek permission of the superior or district court to modify a defendant’s basic conditions or special conditions of treatment or counseling by either imposing additional conditions or removing previously imposed conditions of probation to provide for more effective supervision of the defendant.
(d)
Failure of the defendant to comply with modified conditions of probation constitutes a violation.
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 - Sentence and Execution › Section 12-19-9. - Violation of terms of probation — Notice to attorney general — Revocation or continuation of suspension.

§ 12-19-9. Violation of terms of probation — Notice to attorney general — Revocation or continuation of suspension.
(a)
Whenever any person who has been placed on probation pursuant to § 12-19-8 violates the terms and conditions of his or her probation as fixed by the court, the police or the probation authority shall inform the attorney general of the violation, and the attorney general shall cause the defendant to appear before the court. The department of corrections division of rehabilitative services shall promptly render a report relative to the conduct of the defendant, and the information contained in any report under § 12-13-24.1. The division of rehabilitative services may recommend that the time served up to that point is a sufficient response to a violation that is not a new alleged crime. The court may order the defendant held without bail for a period not exceeding ten (10) days, excluding Saturdays, Sundays, and holidays.
(b)
The court shall conduct a hearing within thirty (30) days of arrest unless waived by the defendant to determine whether the defendant has violated the terms and conditions of his or her probation, at which hearing the defendant shall have the opportunity to be present and to respond. Upon a determination by a fair preponderance of the evidence that the defendant has violated the terms and conditions of his or her probation, the court, in open court and in the presence of the defendant, may:
(1)
Remove the suspension and order the defendant committed on the sentence previously imposed, or on a lesser sentence;
(2)
Impose a sentence if one has not been previously imposed;
(3)
Stay all or a portion of the sentence imposed after removal of the suspension;
(4)
Continue the suspension of a sentence previously imposed; or
(5)
Convert a sentence of probation without incarceration to a suspended sentence.
(c)
The court shall sentence for a violation under subsection (b) of this section in accordance with judicial sentencing benchmarks.
History of Section.
G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956, § 12-19-9; P.L. 1966, ch. 182, § 1; P.L. 1970, ch. 87, § 1; P.L. 1972, ch. 169, § 25; P.L. 1982, ch. 215, § 1; P.L. 2017, ch. 345, § 1; P.L. 2017, ch. 351, § 1; P.L. 2022, ch. 234, art. 2, § 5, effective June 28, 2022.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-10. - Suspension of imprisonment already commenced.

§ 12-19-10. Suspension of imprisonment already commenced.
Imprisonment pursuant to a sentence, once commenced, shall not be subject to suspension by the superior court.
History of Section.
G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956, § 12-19-10.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-11. - Suspension of life sentence.

§ 12-19-11. Suspension of life sentence.
Execution of sentence shall not be suspended, nor shall the defendant be placed on probation, if the offense is one punishable by mandatory life imprisonment.
History of Section.
G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956, § 12-19-11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-12. - Powers of superior court additional.

§ 12-19-12. Powers of superior court additional.
The power and authority vested by §§ 12-19-8 — 12-19-11 in the superior court shall be deemed additional power and authority, and shall not be deemed to be in substitution or derogation of any other power and authority previously vested in the superior court.
History of Section.
G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956, § 12-19-12.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-13. - Suspension of sentence and probation by district court.

§ 12-19-13. Suspension of sentence and probation by district court.
Whenever any defendant shall appear for sentence before a district court, the court may impose a sentence and suspend its execution, or place the defendant on probation without the imposition of a suspended sentence. The defendant may be placed on probation for the time and on any terms and conditions that the court may fix. The period of probation, together with any extension, shall not exceed one year, except that probation may be for a longer period in cases in which the district court may by law impose a sentence longer than one year; provided, that the period of probation shall not exceed the longest sentence which the court may impose.
History of Section.
G.L. 1938, ch. 501, § 45A; P.L. 1954, ch. 3362, § 1; G.L. 1956, § 12-19-13; P.L. 1972, ch. 169, § 25.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-15. - Term of probation — Power to commit after termination of original sentence.

§ 12-19-15. Term of probation — Power to commit after termination of original sentence.
The power of the court to commit the defendant shall not be deemed to terminate with the termination of the period of the original sentence, but the court shall have power to enforce the sentence even though the original period of the sentence has expired. The term of the suspended sentence may be longer or shorter or for the same time as the probation period, and the time during which the defendant is on probation shall not be deemed by §§ 12-19-13 — 12-19-17 to be a part of the term of his or her sentence, although the court, in its discretion, may give consideration to the probationer’s conduct during the probationary period in imposing a sanction or enforcing the sentence originally imposed, or any lesser sentence.
History of Section.
G.L. 1938, ch. 501, § 45A; P.L. 1954, ch. 3362, § 1; G.L. 1956, § 12-19-15; 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 12-19-16. - Suspension of imprisonment already commenced.

§ 12-19-16. Suspension of imprisonment already commenced.
Imprisonment pursuant to a sentence, once commenced, shall not be subject to suspension by the district court.
History of Section.
G.L. 1938, ch. 501, § 45A; P.L. 1954, ch. 3362, § 1; G.L. 1956, § 12-19-16.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-17. - Powers of district court additional.

§ 12-19-17. Powers of district court additional.
The power and authority by §§ 12-19-13 — 12-19-16 vested in the district courts shall be deemed additional power and authority and shall not be deemed in substitution or derogation of any other power and authority previously vested in the district courts.
History of Section.
G.L. 1938, ch. 501, § 45A; P.L. 1954, ch. 3362, § 1; G.L. 1956, § 12-19-17.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-18. - Termination of imprisonment on deferred sentence on failure of grand jury to indict — Determinations of insufficient evidence lack of probable cause or exercise of prosecutorial discretion.

§ 12-19-18. Termination of imprisonment on deferred sentence on failure of grand jury to indict — Determinations of insufficient evidence lack of probable cause or exercise of prosecutorial discretion.
(a)
Whenever any person has been sentenced to imprisonment for violation of a deferred sentence by reason of the alleged commission of a felony and the grand jury has failed to return any indictment or an information has not been filed on the charge which was specifically alleged to have constituted the violation of the deferred sentence, the sentence to imprisonment for the alleged violation of the deferred sentence shall, on motion made to the court on behalf of the person so sentenced, be quashed, and imprisonment shall be immediately terminated, and the deferred sentence shall have same force and effect as if no sentence to imprisonment had been imposed.
(b)
Whenever any person, after an evidentiary hearing, has been sentenced to imprisonment for violation of a suspended sentence or probationary period by reason of the alleged commission of a felony or misdemeanor said sentence of imprisonment shall, on a motion made to the court on behalf of the person so sentenced, be quashed, and imprisonment shall be terminated when any of the following occur on the charge which was specifically alleged to have constituted the violation:
(1)
After trial person is found “not guilty” or a motion for judgment of acquittal or to dismiss is made and granted pursuant to Superior or District Court Rule of Criminal Procedure 29;
(2)
After hearing evidence, a “no true bill” is returned by the grand jury;
(3)
After consideration by an assistant or special assistant designated by the attorney general, a “no information” based upon a lack of probable cause is returned;
(4)
A motion to dismiss is made and granted pursuant to the Rhode Island general laws § 12-12-1.7 and/or Superior Court Rule of Criminal Procedure 9.1; or
(5)
The charge fails to proceed in District or Superior Court under circumstances where the state is indicating a lack of probable cause, or circumstances where the state or its agents believe there is doubt about the culpability of the accused.
(c)
This section shall apply to all individuals sentenced to imprisonment for violation of a suspended sentence or probationary period by reason of the alleged commission of a felony or misdemeanor and shall not alter the ability of the court to revoke a suspended sentence or probationary period for an allegation of conduct that does not rise to the level of criminal conduct.
History of Section.
P.L. 1948, ch. 2085, § 1; G.L. 1956, § 12-19-18; P.L. 1974, ch. 118, § 14; P.L. 2010, ch. 30, § 1; P.L. 2010, ch. 311, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-19. - Sentencing on plea of guilty or nolo contendere — Deferment of sentence.

§ 12-19-19. Sentencing on plea of guilty or nolo contendere — Deferment of sentence.
(a)
Whenever any person is arraigned before the superior court and pleads guilty or nolo contendere, he or she may be at any time sentenced by the court; provided, that if at any time the court formally defers sentencing, then the person and the court shall enter into a written deferral agreement to be filed with the clerk of the court. When a court formally defers sentence, the court may only impose sentence up to five (5) years from and after the date of the written deferral agreement, unless during the required period, the person shall be declared to have violated the terms and conditions of the deferment pursuant to subsection (b) in which event the court may impose sentence.
(b)
The court may require that the person agreeing to said deferment of sentence shall not violate any condition of the written deferral agreement. A violation of any condition set forth by the written deferral agreement shall violate the terms and conditions of the deferment of sentence and the court may impose a sanction or impose sentence. The determination of whether a violation has occurred shall be made by the court in accordance with procedures relating to violation of probation in court rules and §§ 12-19-2 and 12-19-14.
(c)
If a person, after the completion of the deferment period is determined by the court after a hearing to have complied with all of the terms and conditions of the deferral agreement including, but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and restitution to victims of crime, then the person shall become immediately eligible for consideration for expungement pursuant to the provisions of §§ 12-1.3-2 and 12-1.3-3.
History of Section.
C.P.A. 1905, § 21; G.L. 1909, ch. 273, § 18; G.L. 1923, ch. 323, § 18; P.L. 1927, ch. 1063, § 1; G.L. 1938, ch. 496, § 18; P.L. 1945, ch. 1560, § 1; G.L. 1956, § 12-19-19; P.L. 2010, ch. 128, § 1; P.L. 2010, ch. 256, § 1; P.L. 2016, ch. 202, § 2; P.L. 2016, ch. 204, § 2; 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 12-19-21. - Habitual criminals.

§ 12-19-21. Habitual criminals.
(a)
If any person who has been previously convicted in this or any other state of two (2) or more felony offenses arising from separate and distinct incidents and sentenced on two (2) or more occasions to serve a term in prison is, after the convictions and sentences, convicted in this state of any offense punished by imprisonment for more than one year, that person shall be deemed a “habitual criminal.” Upon conviction, the person deemed a habitual criminal shall be punished by imprisonment in the adult correctional institutions for a term not exceeding twenty-five (25) years, in addition to any sentence imposed for the offense of which he or she was last convicted. No conviction and sentence for which the person has subsequently received a pardon granted on the ground that he or she was innocent shall be considered a conviction and sentence for the purpose of determining whether the person is a habitual criminal.
(b)
Whenever it appears a person shall be deemed a “habitual criminal,” the attorney general, within forty-five (45) days of the arraignment, but in no case later than the date of the pretrial conference, may file with the court a notice specifying that the defendant, upon conviction, is subject to the imposition of an additional sentence in accordance with this section; provided, that in no case shall the fact that the defendant is alleged to be a habitual offender be an issue upon the trial of the defendant, nor shall it be disclosed to the jury. Upon any plea of guilty or nolo contendere or verdict or finding of guilty of the defendant, a hearing shall be held by the court sitting without a jury to determine whether the person so convicted is a habitual criminal. Notice shall be given to the defendant and the attorney general at least ten (10) days prior to the hearing. Duly authenticated copies of former judgments and commitments which comprise the two (2) or more prior convictions and imprisonments required under this section shall be prima facie evidence of the defendant’s former convictions and imprisonments. If it appears by a preponderance of the evidence presented that the defendant is a habitual criminal under this section, he or she shall be sentenced by the court to an additional consecutive term of imprisonment not exceeding twenty-five (25) years; and provided further, that the court shall order the defendant to serve a minimum number of years of the sentence before he or she becomes eligible for parole.
History of Section.
G.L. 1896, ch. 285, § 68; P.L. 1896, ch. 336, § 1; G.L. 1909, ch. 354, § 68; G.L. 1909, ch. 354, § 71; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 71; G.L. 1938, ch. 625, § 64; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-19-21; P.L. 1982, ch. 226, §§ 1, 2; P.L. 1988, ch. 402, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-22. - Infliction of punishment on sentence.

§ 12-19-22. Infliction of punishment on sentence.
The various punishments prescribed for offenses shall be inflicted upon the offender upon the sentence of a court of competent jurisdiction.
History of Section.
G.L. 1896, ch. 285, § 63; G.L. 1909, ch. 354, § 63; G.L. 1909, ch. 354, § 51; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 51; G.L. 1938, ch. 625, § 50; G.L. 1956, § 12-19-22.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-23. - Place of imprisonment.

§ 12-19-23. Place of imprisonment.
Unless otherwise provided, every person now or hereafter sentenced to imprisonment shall be sentenced to and imprisoned in the adult correctional institutions.
History of Section.
G.L. 1896, ch. 285, § 37; C.P.A. 1905, § 1186; G.L. 1909, ch. 354, § 37; G.L. 1909, ch. 354, § 38; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 38; G.L. 1938, ch. 625, § 38; P.L. 1956, ch. 3721, § 2; G.L. 1956, § 12-19-23.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-23.1. - Intermediate punishments — Purpose.

§ 12-19-23.1. Intermediate punishments — Purpose.
The objectives of intermediate punishments include:
(1)
The provision of a realistic criminal sentencing alternative to incarceration for offenders consistent with the public safety;
(2)
protection of our citizenry through stringent supervision and monitoring of offenders;
(3)
The accountability of offenders and satisfaction of the retributive goal of sentencing through the use and enforcement of intermediate punishments;
(4)
The initiation and maintenance of an objectives-based plan of supervision that addresses personal and social development; and
(5)
The emphasis and promotion of offenders’ adherence to program requirements of employment/education, community service, victim restitution, financial responsibility, participation in treatment programs, and strict adherence to all conditions of intermediate punishments.
History of Section.
P.L. 1993, ch. 205, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-23.2. - Intermediate punishments.

§ 12-19-23.2. Intermediate punishments.
(a)
As a part of or in lieu of the sentences otherwise provided by law, the court may unless specifically restricted or authorized by law sentence any person who has been adjudged guilty of any crime after trial before a judge or a judge and jury or before a judge accepting the person’s plea of nolo contendere or guilty to the offense in the following manner:
(1)
By placement of the offender on unsupervised probation with or without special conditions;
(2)
By imposition of a sentence involving placement of the offender in supervised probation with field supervision rather than intensive supervision, with or without special conditions;
(3)
By imposition of a sentence of probation involving placement of the offender in intensive supervision or placement in an alternative confinement program established pursuant to § 12-19-2.2 without the necessity of an application of the director of the department of corrections or placement of the offender in community restitution, with or without special conditions;
(4)
By imposition of a sentence involving placement of the offender in community confinement pursuant to § 42-56-20.2;
(5)
By imposition of a sentence involving placement of the offender in a minimum security facility which houses offenders who are preparing for their reintegration into the community;
(6)
By imposition of a fine as provided by law;
(7)
By imposition of any combination of the intermediate punishments provided in this subsection that justice requires and which the court in its discretion deems appropriate under the circumstances.
(b)
The director of corrections shall establish appropriate eligibility criteria and conditions for offenders sentenced to intermediate punishments as identified in subdivisions (a)(2) through (a)(5) of this section and may assign these functions to any subordinate employees and officers that may to him or her seem feasible or desirable.
History of Section.
P.L. 1993, ch. 205, § 1; P.L. 1994, ch. 435, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-24. - Report of sentence and court recommendations.

§ 12-19-24. Report of sentence and court recommendations.
After imposing sentence the court shall file with the director of corrections on forms that shall be provided by the director a report of any sentence and any recommendations that the director may deem necessary as to the security required for the proper custody of the accused so sentenced.
History of Section.
G.L. 1938, ch. 625, § 76; P.L. 1956, ch. 3721, § 4; G.L. 1956, § 12-19-24.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-19 - Sentence and Execution › Section 12-19-25. - Warrant for commitment to institutions.

§ 12-19-25. Warrant for commitment to institutions.
Whenever any person shall be sentenced to imprisonment, the clerk of the court passing the sentence shall immediately issue a warrant, under the seal of the court, directed to the division of sheriffs, reciting the sentence and requiring a deputy sheriff to take the person and deliver to the warden of the adult correctional institutions and the warden to receive the person into his or her custody and safely keep him or her in the institutions during the term specified in the sentence, and the warrant shall constitute the officer charged with it, while he or she has it in his or her possession for service, an officer in any county in this state into which it may be necessary for him or her to go, to all intents and purposes whatsoever.
History of Section.
G.L. 1896, ch. 285, § 52; G.L. 1909, ch. 354, § 52; G.L. 1909, ch. 354, § 39; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 39; G.L. 1938, ch. 625, § 39; P.L. 1956, ch. 3721, § 2; G.L. 1956, § 12-19-25; P.L. 2012, ch. 324, § 45.