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H 7203Criminal Procedure

Criminal Procedure - Bail and Recognizance

This bill eliminates cash bail for misdemeanor offenses, requiring defendants to be released on their own recognizance with potential non-monetary conditions.

Held for study
Population
Affected
35
Email Legislator
Introduced Jan 21, 2026Committee House Judiciary

Plain-English Summary

This legislation reforms the bail system in Rhode Island specifically for misdemeanor cases. It mandates that any person charged with a misdemeanor must be released on their own recognizance (a promise to appear in court) without the requirement of paying cash bail. While the bill eliminates monetary bail for these offenses, it allows judges to impose non-monetary conditions—such as check-ins or stay-away orders—to ensure the defendant returns to court and to protect community safety. The setting of these conditions remains subject to existing laws regarding bail guidelines.

For younger readers

When someone breaks a rule called a misdemeanor, the police might take them in. Usually, a judge might ask for money, called bail, to make sure the person comes back to court. If they can't pay, they have to stay in jail. This new law changes that. It says that for these smaller rule-breaking cases, the person doesn't have to pay money to go home. They just have to promise to come back. The judge can still give them rules to follow, like staying away from trouble, to keep everyone safe.

Who & Where It Applies

Impacted groups
Individuals charged with misdemeanorsJudges and MagistratesBail BondsmenCorrectional OfficersLow-income Defendants
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Eliminates the "criminalization of poverty" for misdemeanor offenses by ensuring that individuals are not incarcerated pretrial solely because they cannot afford cash bail.
  • Promotes social equity and reduces the disruption of lives, allowing accused individuals to maintain employment and housing while awaiting trial for minor offenses.
  • Reduces the population in correctional facilities, which aligns with goals to lower mass incarceration rates and redirect resources toward rehabilitation rather than punishment.
  • Does not extend to felony cases, leaving a significant portion of the pretrial population still subject to cash bail and potential incarceration based on financial status.
  • The allowance for "conditions set by the court" could potentially lead to invasive non-monetary surveillance, such as electronic monitoring, which can still restrict liberty.
  • The reference to existing statutes (§ 12-13-1.3(e)) might provide judges with loopholes to deny release in specific scenarios, potentially limiting the bill's universal application.
For Conservatives
  • Reduces the significant taxpayer burden associated with housing, feeding, and managing inmates who are held on minor charges and do not pose a major flight risk.
  • Upholds the constitutional principle of liberty and the presumption of innocence by preventing punishment (incarceration) before a conviction is secured.
  • Allows the judicial system and law enforcement to concentrate their limited resources and time on processing serious felonies and violent crimes.
  • Removes the financial incentive for defendants to return to court, which could lead to an increase in "failure to appear" rates and delay the justice process.
  • Limits judicial discretion by mandating release, potentially stripping judges of the ability to use cash bail as a tool for repeat offenders who commit multiple misdemeanors.
  • Could be perceived as weakening accountability for criminal behavior, potentially reducing the deterrent effect of arrest for lower-level crimes.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 8 additions

SECTION 1. Section 12-13-1 of the General Laws in Chapter 12-13 entitled "Bail and Recognizance" is hereby amended to read as follows: 12-13-1. Right to release pending trial on giving of recognizance.

(a) Felony cases. Every person who is held on any criminal process to answer to any indictment, information, or complaint against him or her shall be released upon giving recognizance with sufficient surety or sureties before a justice of the supreme or superior court or before a justice of the district court, when the complaint is pending in that court or the person is held to answer to that court, in the sum named in the process, if any has been named in it, and if none is named, then in any sum that the justice shall deem reasonable, to appear before the court where the indictment, information, or complaint is pending against him or her, or to which he or she may be bound over to appear, to answer to the indictment, information, or complaint, and to answer to it whenever called upon so to do, and abide the final order of the court, and in the meantime keep the peace and be of good behavior. Any justice may take the recognizance in any place within the state, and the recognizance shall be returned to the court to which the accused has recognized to appear.

(b) Misdemeanor cases.

(1) Every person who is subject to any misdemeanor criminal process shall be released without bail but on their own recognizance and an order to abide by any conditions set by the court.

(2) Release on non-monetary conditions shall be applied to assure the presence of the accused in court as required and to protect the safety of the community.

(c) In every case, the setting of bail and conditions shall be subject to § 12-13-1.3(e).

SECTION 2. This act shall take effect upon passage.