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S 2161Criminal Procedure

Criminal Procedure - Sentence and Execution

This bill limits the ability to jail people for minor probation violations before their court hearing, favoring release instead.

Held for study
Population
Affected
8
Email Legislator
Introduced Jan 16, 2026Committee Senate Judiciary

Plain-English Summary

This legislation modifies the procedures for individuals accused of violating their probation. It establishes a "presumption of release" for those accused of technical violations (like missing an appointment) or low-level substance use issues, meaning they should generally not be held in jail while awaiting a hearing. The court may only detain a defendant if there is a specific finding that they pose a danger to the community or themselves, or if they are unlikely to return to court. Judges must now explain their reasoning on the record or in writing if they choose to deny release.

For younger readers

When someone gets in trouble with the law, they are sometimes put on "probation," which means they have to follow certain rules to stay out of jail. Sometimes, people break small rules, like missing a meeting. This bill says that if a person breaks a small rule, the police and judges should not lock them up in jail while they wait for their turn to talk to the judge. Instead, they should be allowed to stay home unless they are dangerous or might run away. The judge has to explain why if they decide to keep the person in jail.

Who & Where It Applies

Impacted groups
ProbationersJudges and MagistratesDepartment of CorrectionsPolice DepartmentsDefense Attorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Reduces mass incarceration by establishing a presumption of release for technical violations and low-level substance use, preventing individuals from being jailed for minor, non-violent infractions.
  • Promotes social justice by protecting low-income defendants who cannot afford bail from unnecessary pretrial detention, which often leads to job loss and housing instability.
  • Increases judicial accountability and transparency by requiring judges to provide a written or recorded explanation when they decide to deny release to a defendant.
  • Retains judicial discretion through the "totality of the circumstances" clause, which could allow implicit bias to continue influencing detention decisions against marginalized groups.
  • Does not explicitly eliminate cash bail, meaning that economic disparity can still result in the incarceration of poor defendants while wealthier ones secure release.
  • Uses the term "threat to the community," which is a broad and subjective standard that historically has been used disproportionately to justify the detention of people of color.
For Conservatives
  • Reduces the tax burden associated with housing inmates by ensuring that individuals with minor, non-criminal technical violations are not housed in state correctional facilities at public expense.
  • Streamlines the judicial process by clearly distinguishing between technical violations and new criminal offenses, allowing the justice system to focus resources on actual crime.
  • Preserves the court's authority to detain individuals who pose a genuine danger to the community or themselves, ensuring that public safety is not compromised.
  • Weakens the rule of law by creating a "catch and release" atmosphere for probation violators, potentially reducing the deterrent effect of probation sentences.
  • Removes the specific statutory language that allowed for an automatic holding period for those accused of violent crimes or DUIs while on probation, potentially endangering the public.
  • Limits the ability of judges to impose immediate consequences for non-compliance, viewing the legislation as prioritizing the comfort of offenders over the enforcement of court orders.

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.