§ 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.
Structure Rhode Island General Laws
Chapter 12-13 - Bail and Recognizance
Section 12-13-1. - Right to release pending trial on giving of recognizance.
Section 12-13-1.1. - Hearings when state opposes bail — Medical disability of accused.
Section 12-13-1.2. - Penalty for an offense committed while on release.
Section 12-13-1.3. - Pretrial release.
Section 12-13-2. - Warrant for apprehension of accused person.
Section 12-13-3. - Guardian to give recognizance.
Section 12-13-4. - Persons authorized to bail jail prisoners.
Section 12-13-5. - Justices authorized to bail on accusation of serious crime.
Section 12-13-5.1. - Presumption of danger to the community.
Section 12-13-5.2. - Drug testing required.
Section 12-13-6. - Bail or discharge for want of indictment or information.
Section 12-13-7. - Right to prompt trial on indictment or information for serious crime.
Section 12-13-8. - Qualifications of sureties.
Section 12-13-8.1. - Penalty for false affidavit.
Section 12-13-9. - Commitment of juveniles on failure to give recognizance.
Section 12-13-10. - Deposit of money in lieu of bail.
Section 12-13-11. - New or additional recognizance.
Section 12-13-12 - — 12-13-15. Repealed.
Section 12-13-16. - Process on default of recognizance.
Section 12-13-16.1. - Forfeiture of bail.
Section 12-13-16.2. - Forfeiture of bail — Licensed bondsperson.
Section 12-13-18. - Power of surety on recognizance over principal.
Section 12-13-19. - Surrender or commitment of principal.
Section 12-13-20. - Status of person surrendered or committed.
Section 12-13-21. - Registration of sureties.
Section 12-13-22. - Recordation of recognizance — Lien.
Section 12-13-23. - Bail and bail bonds — Examination for sufficiency.
Section 12-13-24. - Confidentiality of pretrial services program records.