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H 7651Criminal Procedure

Criminal Procedure - Sentence and Execution

This bill limits the ability of courts to hold probationers in jail without bail for minor rule violations.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 11, 2026Committee House Judiciary

Plain-English Summary

This legislation modifies the procedures for handling individuals on probation who are accused of violating the terms of their probation. Specifically, it establishes a presumption that these individuals should be released on bail pending their violation hearing, particularly for technical violations or minor substance use issues, rather than being automatically detained. The court can still detain a person if they pose a danger to the community or themselves, or if they are a flight risk, but the judge must now provide a specific reason for denying release. It aims to reduce unnecessary jail time for minor infractions.

For younger readers

When people break the law, sometimes they are put on "probation," which means they can live at home but must follow special rules. If they break a rule, they might go to jail. This new law says that if a person breaks a small rule, like missing a meeting, the police shouldn't lock them up right away while they wait to see the judge. They should be allowed to stay home unless they are dangerous. The judge has to explain exactly why if they decide to keep the person in jail.

Who & Where It Applies

Impacted groups
ProbationersJudges and MagistratesDepartment of CorrectionsPolice OfficersVictims of Crime
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Reduces the harm of mass incarceration by establishing a presumption of release for technical violations and low-level substance use, preventing individuals from languishing in jail for minor non-criminal infractions.
  • Promotes due process and judicial transparency by requiring judges to provide written or recorded reasoning if they choose to deny release, ensuring decisions are not arbitrary.
  • Mitigates the disruption to the lives of poor and working-class defendants who might otherwise lose jobs or housing while being held without bail for minor probation issues.
  • Retains judicial discretion to detain based on the "totality of the circumstances," which could allow implicit bias to continue influencing detention decisions against marginalized groups.
  • Does not explicitly eliminate cash bail, leaving open the possibility that "reasonable bail" could still be unaffordable for the poorest defendants.
  • The provision allowing detention if a defendant presents a "threat to themselves" could be used paternalistically to incarcerate individuals with mental health or substance use issues rather than providing treatment.
For Conservatives
  • Reduces the burden on taxpayers by limiting the costs associated with housing inmates who have committed only technical violations or minor infractions.
  • Protects individual liberty by ensuring the government cannot arbitrarily detain citizens without clear justification and due process.
  • Streamlines the judicial process by focusing detention resources on individuals who actually pose a threat to public safety rather than administrative rule-breakers.
  • Removes the automatic 10-day hold for probationers accused of violent crimes or DUIs, potentially putting the public at risk by releasing dangerous offenders back onto the street pending a hearing.
  • Undermines the authority of the justice system by making the consequences for violating court-ordered probation terms less immediate and severe.
  • Creates a "presumption of release" that could be exploited by career criminals to commit further offenses while awaiting their violation hearings.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 26 additions · 19 deletions

SECTION 1. Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence and Execution" is hereby amended to read as follows: 12-19-14. Violation of terms of probation — Notice to court — Revocation or continuation of suspension.

(a) Whenever any person who has been placed on probation by virtue of the suspension of execution of his or her sentence pursuant to § 12-19-13 violates is believed to have violated the terms and conditions of his or her probation as fixed by the court by being formally charged with committing a new criminal offense, the police or department of corrections division of rehabilitative services shall cause the defendant to appear before the court. The department of corrections division of rehabilitative services shall determine when a technical violation of the terms and conditions of probation as fixed by the court that does not constitute a new criminal offense has occurred and shall cause the defendant to appear before the court. For technical violations, the division of rehabilitative services shall promptly render a written report relative to the conduct of the defendant, including, as applicable, a description of the clear and articulable public safety risk posed by a defendant accused of a technical violation, and, as available, 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 if the new criminal charge(s) constitutes a violent crime as defined in the Rhode Island General Laws, a domestic violence crime, or a crime involving driving under the influence or if the court determines in its discretion that public safety concerns and/or concerns regarding the defendant’s likelihood to appear before the court warrant holding the defendant without bail.

(b) Whenever any person accused of violating the terms and conditions of his or her probation is caused to appear before the court, the court shall set reasonable bail and may set other reasonable conditions of release. In all cases involving a violation that does not constitute a new criminal offense or an alleged violation involving low level substance use, there shall be a presumption of release pending a defendant’s probation violation hearing. If the court believes that the defendant presents a substantial risk of failing to appear at the probation violation hearing, then the court shall place forward any non-monetary conditions deemed necessary for reasonable surety.

(c) The court shall only detain the defendant if the court believes, based on the totality of the circumstances, that the defendant presents a threat to the community or themselves or if no non- monetary conditions or combination of conditions in the community will reasonably assure the defendant’s appearance at the probation violation hearing. The court may consider factors including, but not limited to, the alleged probation violator’s age, condition of health, criminal record, the alleged facts of the new offense, and the bail set for the new offense. The court shall explain its reasoning for denying release in writing or on the record. (b)(d) The court shall conduct a hearing within thirty (30) days of arrest; provided that, in the event that the alleged probation violator was held without bail pursuant to this section, the hearing shall take place within ten (10) days not including holidays, Saturdays, or Sundays, unless waived by the defendant alleged probation violator, to determine whether the defendant violator has violated the terms and conditions of his or her probation, at which hearing the defendant violator shall have the opportunity to be present and to respond. Upon a determination by a fair preponderance of the evidence that the defendant violator has violated the terms and conditions of his or her probation, the court, in open court and in the presence of the defendant violator, may as to the court may seem just and proper:

(1) Revoke 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.

SECTION 2. This act shall take effect upon passage.