R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 12-19-10 (2026)

Suspension of imprisonment already commenced

✓ current as of July 2026
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Imprisonment pursuant to a sentence, once commenced, shall not be subject to suspension by the superior court.

Notes of Decisions
Cited in 7 cases, 1961–2019 · leading case: State v. O'rourke, 463 A.2d 1328 (R.I. 1983).
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State v. O'rourke, 463 A.2d 1328 (R.I. 1983). · cites it 11× “1956 (1981 Reenactment) § 12-19-10 by permitting a defendant a period of 120 days after imposition of sentence in which to file a motion to reduce that sentence.”
State v. DeWitt, 557 A.2d 845 (R.I. 1989). · cites it 13× “1956 (1981 Reenactment) § 12-19-8, § 12-19-10, and Rule 35. Under § 12-19-8, “[ejxcept where the suspension of sentence shall otherwise be prohibited by law,” the Superior Court may “impose a sentence and suspend the execution thereof, in whole or in part.”
Ventetoulo v. Attorney Gen. RI, 6 F.3d 32 (1st Cir. 1993). “This revised sentence was imposed under Rule 35 of the Rhode Island Rules of Criminal Procedure which permitted the court to correct illegal sentences at any time and to reduce sentences within 120 days of either conviction or receipt of mandate affirming the conviction.”
State v. Kenneth W. Keenan, 68 A.3d 588 (R.I. 2013). · cites it 2× “See G.L.1956 § 12-19-10; State v. O’Rourke, 463 A.”
State v. Stephen Mattatall (R.I. 2019). · cites it 2× “1983) (noting that, in accordance with G.L. 1956 § 12-19-10, the Superior Court’s authority to reduce a sentence under Rule 35 is limited to shortening the period of imprisonment while not suspending any portion of a sentence the offender has commenced serving).”
Sanford v. Langlois, 170 A.2d 283 (R.I. 1961). “1956, §12-19-10; that he was twice put in jeopardy because he was sentenced twice on the same indictment for the same crime in violation of his constitutional rights, both state and federal; and therefore that the sentence which he alleges was imposed on March 14, 1960 should be…”
State v. Johnson, 620 A.2d 1264 (R.I. 1993). “The trial justice did not violate § 12-19-10 by revoking defendant’s suspended sentence.”
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