§ 12-13-16.2. Forfeiture of bail — Licensed bondsperson.
(a) In any criminal case, whenever a forfeiture of bail has been ordered pursuant to § 12-13-16.1 and where the bail and/or security for bail has been posted by a licensed bondsperson registered with the court, the court shall only order an amount to be forfeited up to, but not more than, ten percent (10%) of the original bail set and pledged as surety.
(b) Subsequent to any forfeiture of bail pursuant to subsection (a) of this section, and prior to the forfeiture of further surety pledged by a licensed bondsperson provided herein, the court shall:
(1) Provide the licensed bondsperson a period of time equal to six (6) months to return the fugitive to the court before further pledged surety shall be forfeited. Before ordering further forfeiture, the court shall conduct a hearing and provide the licensed bondsperson an opportunity to demonstrate all reasonable actions the bondperson took to locate, apprehend, and return the fugitive to the court. The court shall consider the due diligence of the licensed bondsperson in determining how much, if any, of the remaining amount of surety the bondsperson shall be ordered to forfeit for the failure or inability to locate, apprehend, and return the fugitive to the court. The court at that time may provide the licensed bondsperson with additional time in which to locate and return the fugitive.
(2) In the event that the licensed bondsperson fails or is unable to locate and return the fugitive, the court may order an amount to be forfeited up to, but not more than, ten percent (10%) of the original bail set and pledged as surety, plus the reasonable expenses incurred by the state in attempting to locate and apprehend the fugitive; and provided, further, that if the fugitive is found and presented before the court within six (6) months of the issuance of the warrant, there shall be no forfeiture.
(3) The bondsperson shall be responsible to pay all fees and costs associated with the entry of any warrant into the BCI or the NCIC prior to its entry into either database as required in § 12-13-16(b). Upon request of the bondsperson, the clerk of the court shall provide a certified copy of the arrest warrant to the bondsperson without charge to insure the bondsperson’s ability to locate, apprehend, and return the fugitive from outside the state of Rhode Island.
History of Section.P.L. 2017, ch. 415, § 2.
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.