§ 12-19-9. Violation of terms of probation — Notice to attorney general — Revocation or continuation of suspension.
(a) Whenever any person who has been placed on probation pursuant to § 12-19-8 violates the terms and conditions of his or her probation as fixed by the court, the police or the probation authority shall inform the attorney general of the violation, and the attorney general shall cause the defendant to appear before the court. The department of corrections division of rehabilitative services shall promptly render a report relative to the conduct of the defendant, and 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.
(b) The court shall conduct a hearing within thirty (30) days of arrest unless waived by the defendant to determine whether the defendant has violated the terms and conditions of his or her probation, at which hearing the defendant shall have the opportunity to be present and to respond. Upon a determination by a fair preponderance of the evidence that the defendant has violated the terms and conditions of his or her probation, the court, in open court and in the presence of the defendant, may:
(1) Remove 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.
(c) The court shall sentence for a violation under subsection (b) of this section in accordance with judicial sentencing benchmarks.
History of Section.G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956, § 12-19-9; P.L. 1966, ch. 182, § 1; P.L. 1970, ch. 87, § 1; P.L. 1972, ch. 169, § 25; P.L. 1982, ch. 215, § 1; P.L. 2017, ch. 345, § 1; P.L. 2017, ch. 351, § 1; P.L. 2022, ch. 234, art. 2, § 5, effective June 28, 2022.
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.