§ 12-13-16.1. Forfeiture of bail.
(a) In any criminal case, whenever, after a hearing, it has been shown to the satisfaction of the court that the defendant has left the jurisdiction of the court or has failed to appear as required or has failed to perform the condition of his or her recognizance, the court shall order that the bail and/or any security for bail be forfeited.
(b) Any person who has had bail posted with the assistance of a licensed bondsperson, and who is subsequently arrested on a bench warrant and brought before the court, or who fails to appear and is subsequently brought before the court without the intervention of or through a licensed bondsperson, shall not be released by the court on the same bail unless and until the licensed bondsperson who posted the original bail has been notified and been provided an opportunity to be heard regarding the licensed bondsperson’s willingness to continue as surety for the defendant/bailee. The court may, however, release the defendant within twenty-four (24) hours if the licensed bondsperson cannot be located or otherwise fails to appear to address the court relative to the original bail.
History of Section.P.L. 1982, ch. 321, § 1; P.L. 1986, ch. 435, § 1; 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 Repealed.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.