(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.
Notes of Decisions
Cited in
45
cases (
4 in the last 5 years), 1964–2024 · leading case:
State v. Ratchford, 732 A.2d 120 (R.I. 1999).
State v. Ratchford, 732 A.2d 120 (R.I. 1999).
· cites it 28× “1956 § 12-19-9 provides that when a defendant stands accused of violating the terms and conditions of probation, "[t]he court shall conduct a hearing to determine whether the defendant has violated the *123 terms and conditions of his or her probation, at which hearing the…”
State v. Tucker, 747 A.2d 451 (R.I. 2000).
· cites it 11× “The issue raised on appeal is whether the Superior Court exceeded its authority under G.L.1956 § 12-19-9 when, after adjudging Tucker to be a probation violator, it removed the suspension from a portion of his original sentence and committed him to prison to serve only that…”
State v. Harry W. Brown, 140 A.3d 768 (R.I. 2016).
· cites it 6× “” Under G.L.1956 § 12-19-9, "[wjhen-ever any person * * * 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…”
State v. Cory J. Roberts, 59 A.3d 693 (R.I. 2013).
· cites it 8× “In response, defendant contends that the trial justice exceeded his authority under G.L. 1956 § 12-19-9 in staying the execution of his previously suspended sentence upon condition that he engage in and remain compliant with sex-offender treatment.”
State v. Lawrence, 658 A.2d 890 (R.I. 1995).
· cites it 14× “1956 (1981 Reenactment) § 12-19-9, as amended by P.L.1982, ch. 215, § 1.”
State v. Dantzler, 690 A.2d 338 (R.I. 1997).
· cites it 8× “2d 338, 340-41 (1974), that statute must be read in conjunction with § 12-19-9, which permits revocation of a defendant’s probation whenever the terms and conditions inherent in the very privilege of probation are violated by the defendant.”
State v. Vashey, 823 A.2d 1151 (R.I. 2003).
· cites it 4× “He further maintains that the hearing justice illegally extended his sentence in violation of G.L.1956 § 12-19-9. Finally, Vashey avers that his lawyer provided him ineffective assistance of counsel.”
State v. Chabot, 682 A.2d 1377 (R.I. 1996).
· cites it 4× “The defendant claims on appeal that the trial justice improperly extended his probationary period beyond that originally imposed in contravention of this court’s decision in State v.”
State v. Parson, 844 A.2d 178 (R.I. 2004).
· cites it 4× “The defendant argues that G.L.1956 § 12-19-9 prohibits a sentencing justice from executing the previously suspended sentence of a probation violator beyond the end of the originally imposed term of probation.”
State v. Nania, 786 A.2d 1066 (R.I. 2001).
· cites it 4× “at 123 (quoting G.L.1956 § 12-19-9). Specifically, defendant argues that although counsel was permitted to address the court on the question of whether a violation had occurred, the court then proceeded to order defendant to serve the entire seven years of the previously imposed…”
State v. Barber, 767 A.2d 78 (R.I. 2001).
· cites it 5× “The "Judgment of Conviction and Commitment,” signed by the sentencing justice on August 20, 1986, stated the sentence as follows: "25 years.”
State v. Vieira, 883 A.2d 1146 (R.I. 2005).
· cites it 3× “The hearing justice, when determining the proper sentence to impose upon a probation violator, has wide discretion to “remove the suspension and order the defendant committed on the sentence previously imposed, or on a lesser sentence, * * * or may continue the suspension of a…”
— R.I. Gen. Laws § 12-19-9(a) — 2 cases
— R.I. Gen. Laws § 12-19-9(b) — 2 cases
State v. Barber, 767 A.2d 78 (R.I. 2001).
“The "Judgment of Conviction and Commitment,” signed by the sentencing justice on August 20, 1986, stated the sentence as follows: "25 years.”
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