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HB 7651

AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

2026 Regular Session Introduced by Karen Alzate and 8 co-sponsors

HB 7651 prioritizes presumptive release and timely hearings for probation violations, limiting detention to cases with clear risk and detailing procedures for new offenses and tech

04/30/2026 Committee recommended measure be held for further study
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Bill Summary · HB 7651

Summary of HB 7651 (Rhode Island, 2026)

Title

AN ACT RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

Purpose and Intent

This bill amends the process and standards for handling probation violations (including technical violations that do not involve a new crime) after a suspension of execution of sentence. The primary goal is to ensure prompt hearings, expand release presumptions, and constrain detention to cases with clear risk to public safety or likelihood of non-appearance, while preserving court discretion for appropriate conditions and sentences.

Key Provisions and Changes

  • Scope of Violations Covered

    • Applies when a person on probation arising from a suspended sentence (under § 12-19-13) is alleged to have violated the terms of probation, whether by committing a new offense or by a technical violation (non-criminal conduct).

  • Reporting and Determinations

    • The Department of Corrections (DOC) Division of Rehabilitative Services (DRS) must:
    • Convene a court appearance for alleged violations.
    • For technical violations, promptly prepare a written report detailing conduct and, when available, public safety risk and information from § 12-13-24.1.
    • May recommend that time already served adequately addresses the violation if not a new offense.

  • Detention and Bail (for Violations Involving New Offenses)

    • If the new offense is violent, a domestic-violence crime, or a DUI-related offense, the court may order detention without bail for up to 10 days (excluding weekends and holidays).
    • Detention without bail may also occur if the court, in its discretion, determines public safety concerns or likelihood of appearance warrant it.

  • Release presumptions and Conditions (All Violations)

    • For violations not involving a new crime or for low-level substance use violations, there is a presumption of release pending the probation violation hearing.
    • If the court finds a substantial risk of non-appearance, it may impose non-monetary conditions to ensure appearance.

  • Detention Standards and Hearing Timing

    • Detention is allowed only if, considering the totality of circumstances, the defendant poses a danger to the community or themselves, or if no combination of non-monetary conditions adequately ensures appearance.
    • Court must consider factors such as age, health, criminal history, the alleged facts of the new offense, and existing bail for the new offense.
    • The court must provide written or on-record explanations for denial of release.
    • A probation-violation hearing must occur within:
    • 30 days of arrest (general case);
    • 10 days (excluding holidays, Saturdays, and Sundays) if the defendant was held without bail pending a hearing, unless waived by the defendant.

  • Disposition at Hearing (If Violated)

    • If proven by a fair preponderance of the evidence that a violation occurred, the court may: 1) Revoke the suspension and impose the previously suspended sentence (or a lesser sentence); 2) Impose a sentence if none has been previously imposed; 3) Stay all or part of the sentence after removal of the suspension; 4) Continue the suspension of the sentence; or 5) Convert a sentence of probation without incarceration to a suspended sentence.

Affected Parties

  • Probationers whose sentences involved suspended execution under § 12-19-13.
  • Court system (Judiciary) for conducting expedited probation-violation hearings, issuing orders, and providing written justifications for detention decisions.
  • Department of Corrections – Division of Rehabilitative Services for reports and recommendations related to violations.
  • Public safety considerations in evaluating risk and conditions of release.

Procedural and Timeline Aspects

  • Introduction and referral: House Judiciary (Feb 11, 2026).
  • Hearing timelines: Hearings must occur within 30 days of arrest (general) or within 10 days if detained without bail (subject to waiver by defendant).
  • Detention authority limited: Up to 10 days without bail for certain offenses; detention requires justification based on risk or likelihood of appearance.
  • Written explanations: Courts must provide written or on-record reasoning for denial of release.

Effective Date

  • Takes effect upon passage.

Overall Impact

HB 7651 aims to balance accountability for probation violations with protections for defendants, emphasizing presumptive release, timely hearings, and limited detention to cases with clear risk or danger. It provides structured procedures for both new-crime violations and technical violations, potentially reducing unnecessary pre-trial detention and promoting transparent decision-making.

Compiled from official sources — confirm details with the bill’s official record.

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