(a) Application. Except where the suspension of sentence shall otherwise be prohibited by law, and
subject to the purposes and limits imposed by this section and § 12-19-8.1, whenever any defendant shall appear for sentence before the superior or district
court, the court may impose a sentence and suspend the execution of the sentence,
in whole or in part, or place the defendant on probation without the imposition of
a suspended sentence. The suspension shall place the defendant on probation for the
time of probation that the court may fix and pursuant to the terms and conditions
set by § 12-19-8.1.
(b) Duration. The period of probation for a felony shall be set for a period of time as required
by law, or in accordance with judicial sentencing benchmarks. The period of probation
for a misdemeanor, where no sentence is imposed or where sentence is entirely suspended,
may be for any period up to the maximum time of sentence provided by applicable statutes.
Where sentence is imposed and suspended in part, the term ordered to be served and
the period of probation together shall not exceed the maximum time of sentence provided
by applicable statutes.
(c) [Deleted by P.L. 2017, ch. 345, § 1 and P.L. 2017, ch. 351, § 1].
Notes of Decisions
Alexander Rose v. State of Rhode Island, 92 A.3d 903 (R.I. 2014).
· cites it 12× “In making this argument, he relies on the sentencing justice’s pronouncement that his twelve-year term of probation would commence “upon release” from the ACI.”
State v. Anthony Parrillo, 158 A.3d 283 (R.I. 2017).
· cites it 16× “” However, the hearing justice held that the language of § 12-19-8 was clear in that it granted the sentencing justice the authority to set the period of probation.”
State v. O'rourke, 463 A.2d 1328 (R.I. 1983).
· cites it 5× “General Laws 1956 (1981 Reenactment) § 12-19-8 provides in part that “[ejxcept where the suspension of sentence shall otherwise be prohibited by law, whenever any defendant shall appear for sentence before the superior or district court, the court may impose a sentence and…”
State v. Dantzler, 690 A.2d 338 (R.I. 1997).
· cites it 7× “His suspended sentences were then vacated, and he was remanded to the ACI. The defendant appeals from the Superior Court trial justice’s probation violation finding and sentencing thereon.”
State v. Yanez, 716 A.2d 759 (R.I. 1998).
· cites it 4× “See G.L.1956 § 12-19-8(a) (sentence may be suspended "on such terms and conditions as the court may fix"); A.”
State Ex Rel. Webb v. Cianci, 591 A.2d 1193 (R.I. 1991).
· cites it 4× “2d 148, 151 (1963) established that in accordance with G.L. 1956 § 12-19-8, "A suspended sentence is one actually imposed but the execution thereof is thereafter suspended.”
Price v. Wall, 31 A.3d 995 (R.I. 2011).
· cites it 2× ““Although it appears that G.L.1956 § 12-19-8 vests a sentencing justice with the authority to fix when the period of a defendant’s probation is to commence, * * * that statute must be read in conjunction with § 12-19-9, which permits revocation of a defendant’s probation…”
State v. Robalewski, 191 A.2d 148 (R.I. 1963).
· cites it 3× “He also contended that it was void because it violated §12-19-8. Relying upon the validity of such contentions he argues that he was lawfully entitled to depart peaceably from the institutions, as he did, without first resorting to legal process.”
State v. Paster, 524 A.2d 587 (R.I. 1987).
· cites it 2× “1956 (1981 Reenactment) § 12-19-8, 2 has the power to place a defendant convicted of second-degree sexual assault on probation with or without a suspended sentence.”
State v. Barber, 767 A.2d 78 (R.I. 2001).
“Moreover, it would violate public policy and the underlying reasons for probation to allow a defendant to violate the implied condition of good behavior while serving a sentence at the ACI unless probationary consequences could be imposed, and we have interpreted §§ 12-19-8 and…”
State v. DeWitt, 557 A.2d 845 (R.I. 1989).
· cites it 2× “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.”
Lyons v. State, 43 A.3d 62 (R.I. 2012).
· cites it 2× “With that said, G.L.1956 § 12-19-8(a) does state, in part, that "[t]he suspension [of a sentence] shall place the defendant on probation for the time and on any terms and conditions that the court may fix.”
— R.I. Gen. Laws § 12-19-8(a) — 4 cases
State v. Yanez, 716 A.2d 759 (R.I. 1998).
“See G.L.1956 § 12-19-8(a) (sentence may be suspended "on such terms and conditions as the court may fix"); A.”
State v. Anthony Parrillo, 158 A.3d 283 (R.I. 2017).
“” However, the hearing justice held that the language of § 12-19-8 was clear in that it granted the sentencing justice the authority to set the period of probation.”
Lyons v. State, 43 A.3d 62 (R.I. 2012).
“With that said, G.L.1956 § 12-19-8(a) does state, in part, that "[t]he suspension [of a sentence] shall place the defendant on probation for the time and on any terms and conditions that the court may fix.”
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