§ 12-19-19. Sentencing on plea of guilty or nolo contendere — Deferment of sentence.
(a) Whenever any person is arraigned before the superior court and pleads guilty or nolo contendere, he or she may be at any time sentenced by the court; provided, that if at any time the court formally defers sentencing, then the person and the court shall enter into a written deferral agreement to be filed with the clerk of the court. When a court formally defers sentence, the court may only impose sentence up to five (5) years from and after the date of the written deferral agreement, unless during the required period, the person shall be declared to have violated the terms and conditions of the deferment pursuant to subsection (b) in which event the court may impose sentence.
(b) The court may require that the person agreeing to said deferment of sentence shall not violate any condition of the written deferral agreement. A violation of any condition set forth by the written deferral agreement shall violate the terms and conditions of the deferment of sentence and the court may impose a sanction or impose sentence. The determination of whether a violation has occurred shall be made by the court in accordance with procedures relating to violation of probation in court rules and §§ 12-19-2 and 12-19-14.
(c) If a person, after the completion of the deferment period is determined by the court after a hearing to have complied with all of the terms and conditions of the deferral agreement including, but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and restitution to victims of crime, then the person shall become immediately eligible for consideration for expungement pursuant to the provisions of §§ 12-1.3-2 and 12-1.3-3.
History of Section.C.P.A. 1905, § 21; G.L. 1909, ch. 273, § 18; G.L. 1923, ch. 323, § 18; P.L. 1927, ch. 1063, § 1; G.L. 1938, ch. 496, § 18; P.L. 1945, ch. 1560, § 1; G.L. 1956, § 12-19-19; P.L. 2010, ch. 128, § 1; P.L. 2010, ch. 256, § 1; P.L. 2016, ch. 202, § 2; P.L. 2016, ch. 204, § 2; P.L. 2017, ch. 345, § 1; P.L. 2017, ch. 351, § 1.
Structure Rhode Island General Laws
Chapter 12-19 - Sentence and Execution
Section 12-19-2. - Selection of method and amount or term of punishment.
Section 12-19-2.1. - Crimes committed in a public housing for the elderly project.
Section 12-19-2.2. - Alternative confinement.
Section 12-19-3. - Deodands — Benefit of clergy — Petit treason.
Section 12-19-4. - Corruption of blood — Forfeiture of estate.
Section 12-19-5. - Imprisonment to commence at expiration of previous term of imprisonment.
Section 12-19-6. - Presentence reports.
Section 12-19-7. - Recommendations of counsel as to sentence.
Section 12-19-8. - Suspension of sentence and probation by superior or district court.
Section 12-19-8.1. - Conditions of probation.
Section 12-19-10. - Suspension of imprisonment already commenced.
Section 12-19-11. - Suspension of life sentence.
Section 12-19-12. - Powers of superior court additional.
Section 12-19-13. - Suspension of sentence and probation by district court.
Section 12-19-15. - Term of probation — Power to commit after termination of original sentence.
Section 12-19-16. - Suspension of imprisonment already commenced.
Section 12-19-17. - Powers of district court additional.
Section 12-19-19. - Sentencing on plea of guilty or nolo contendere — Deferment of sentence.
Section 12-19-20. - [Obsolete.]
Section 12-19-21. - Habitual criminals.
Section 12-19-22. - Infliction of punishment on sentence.
Section 12-19-23. - Place of imprisonment.
Section 12-19-23.1. - Intermediate punishments — Purpose.
Section 12-19-23.2. - Intermediate punishments.
Section 12-19-24. - Report of sentence and court recommendations.
Section 12-19-25. - Warrant for commitment to institutions.
Section 12-19-26. - Sentence of minor to training school for youth.
Section 12-19-27. - Commitment to training school for youth.
Section 12-19-29. - Sentence to give recognizance to keep the peace.
Section 12-19-30. - Certification and default on recognizances.
Section 12-19-31. - Commitment for nonpayment of fines and costs.
Section 12-19-32. - Restitution.
Section 12-19-32.1. - Mandatory restitution.
Section 12-19-33. - Restitution — Family court.
Section 12-19-34. - Priority of restitution payments to victims of crime.
Section 12-19-35. - Evidence of damages sustained.
Section 12-19-36. - Payment to violent crimes indemnity fund.
Section 12-19-37. - Aliens — Felony conviction records.
Section 12-19-38. - Hate Crimes Sentencing Act.