State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-13 > 12-13-25

SECTION 12-13-25

   § 12-13-25  Nonprofit bail corporations.– (a) "Nonprofit bail corporation" means Project Bail, a Rhode Island nonprofitcharitable corporation, and other nonprofit charitable corporations organizedfor the purpose of providing bail or surety as may be designated by thepresiding justice of the superior court from time to time.

   (b) Nonprofit bail corporations are authorized to providebail or surety in all courts of the state for all persons eligible under theprovisions of this chapter entitled to be released on bail. Nonprofit bailcorporations may appoint an agent or agents to act in their behalf.

   (c) Nonprofit bail corporations shall not be required tofurnish cash or other security for bail but shall be allowed to bail thoseentitled to be bailed solely on the written promise of the nonprofit bailcorporation to pay, in the event a defendant fails to appear at trial or anyother appearance in which the defendant is required to be present, the amountof cash bail imposed; provided, the aggregate amount for which any nonprofitbail corporation shall be liable at any one time shall not exceed an amountequal to five (5) times the amount of its capital.

   (2) For the purposes of this section:

   (i) "Cash bail" means the amount of cash bail set, or a sumof money equal to ten percent (10%) of the amount of surety bail if surety bailis set; and

   (ii) "Capital" means total assets less total liabilities,determined in accordance with generally accepted accounting principlesconsistently applied.

   (d) Nonprofit bail corporations:

   (1) Shall not be entitled to bail any individual for whombail has been set in an amount exceeding fifty thousand dollars ($50,000)surety bail or five thousand dollars ($5,000) cash bail;

   (2) Shall prescribe a program of supervision and counselingfor all persons for whom it has furnished bail, which program shall be designedto assure attendance at trial or at any other appearance in which theappearance of the person is required; and the conditions of supervision shallbecome part of the bail and recognizance conditions of release and with anyviolation of the conditions the nonprofit bail corporation may move to releasesurety; and

   (3) Shall not furnish bail for any person if the pendingcharge against the person involves a capital offense or a felony in which theuse of force or violence is involved or the sale or delivery of or possessionwith the intent to sell or deliver over one ounce of a Schedule I or ScheduleII controlled substance, as defined in chapter 28 of title 21.

   (e) Nonprofit bail corporations shall not be required todeposit any money with the court as required by § 12-13-10. However, upondefault of any individual bailed by a nonprofit bail corporation to make anyrequired appearance, the court may order the nonprofit bail corporation to payany sum not to exceed the amount of the individual's cash bail to the generaltreasurer. Nonprofit bail corporations shall not be liable for the payment ofany fine or court costs which may be owing by any individual.

   (f) The presiding justice of the superior court shallregister and approve Project Bail and may register and approve other nonprofitbail corporations as bondspersons from time to time. The registration of anynonprofit bail corporation may be revoked at any time by the presiding justiceof the superior court and shall be revoked if the nonprofit bail corporationfails to pay any amount for which it is liable under this chapter. Nonprofitbail corporations shall be exempt from the provisions of §§ 12-13-8and 12-13-21 and rules promulgated pursuant to those sections and from otherstatutes and rules which are inconsistent with this section.

State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-13 > 12-13-25

SECTION 12-13-25

   § 12-13-25  Nonprofit bail corporations.– (a) "Nonprofit bail corporation" means Project Bail, a Rhode Island nonprofitcharitable corporation, and other nonprofit charitable corporations organizedfor the purpose of providing bail or surety as may be designated by thepresiding justice of the superior court from time to time.

   (b) Nonprofit bail corporations are authorized to providebail or surety in all courts of the state for all persons eligible under theprovisions of this chapter entitled to be released on bail. Nonprofit bailcorporations may appoint an agent or agents to act in their behalf.

   (c) Nonprofit bail corporations shall not be required tofurnish cash or other security for bail but shall be allowed to bail thoseentitled to be bailed solely on the written promise of the nonprofit bailcorporation to pay, in the event a defendant fails to appear at trial or anyother appearance in which the defendant is required to be present, the amountof cash bail imposed; provided, the aggregate amount for which any nonprofitbail corporation shall be liable at any one time shall not exceed an amountequal to five (5) times the amount of its capital.

   (2) For the purposes of this section:

   (i) "Cash bail" means the amount of cash bail set, or a sumof money equal to ten percent (10%) of the amount of surety bail if surety bailis set; and

   (ii) "Capital" means total assets less total liabilities,determined in accordance with generally accepted accounting principlesconsistently applied.

   (d) Nonprofit bail corporations:

   (1) Shall not be entitled to bail any individual for whombail has been set in an amount exceeding fifty thousand dollars ($50,000)surety bail or five thousand dollars ($5,000) cash bail;

   (2) Shall prescribe a program of supervision and counselingfor all persons for whom it has furnished bail, which program shall be designedto assure attendance at trial or at any other appearance in which theappearance of the person is required; and the conditions of supervision shallbecome part of the bail and recognizance conditions of release and with anyviolation of the conditions the nonprofit bail corporation may move to releasesurety; and

   (3) Shall not furnish bail for any person if the pendingcharge against the person involves a capital offense or a felony in which theuse of force or violence is involved or the sale or delivery of or possessionwith the intent to sell or deliver over one ounce of a Schedule I or ScheduleII controlled substance, as defined in chapter 28 of title 21.

   (e) Nonprofit bail corporations shall not be required todeposit any money with the court as required by § 12-13-10. However, upondefault of any individual bailed by a nonprofit bail corporation to make anyrequired appearance, the court may order the nonprofit bail corporation to payany sum not to exceed the amount of the individual's cash bail to the generaltreasurer. Nonprofit bail corporations shall not be liable for the payment ofany fine or court costs which may be owing by any individual.

   (f) The presiding justice of the superior court shallregister and approve Project Bail and may register and approve other nonprofitbail corporations as bondspersons from time to time. The registration of anynonprofit bail corporation may be revoked at any time by the presiding justiceof the superior court and shall be revoked if the nonprofit bail corporationfails to pay any amount for which it is liable under this chapter. Nonprofitbail corporations shall be exempt from the provisions of §§ 12-13-8and 12-13-21 and rules promulgated pursuant to those sections and from otherstatutes and rules which are inconsistent with this section.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-12 > Chapter-12-13 > 12-13-25

SECTION 12-13-25

   § 12-13-25  Nonprofit bail corporations.– (a) "Nonprofit bail corporation" means Project Bail, a Rhode Island nonprofitcharitable corporation, and other nonprofit charitable corporations organizedfor the purpose of providing bail or surety as may be designated by thepresiding justice of the superior court from time to time.

   (b) Nonprofit bail corporations are authorized to providebail or surety in all courts of the state for all persons eligible under theprovisions of this chapter entitled to be released on bail. Nonprofit bailcorporations may appoint an agent or agents to act in their behalf.

   (c) Nonprofit bail corporations shall not be required tofurnish cash or other security for bail but shall be allowed to bail thoseentitled to be bailed solely on the written promise of the nonprofit bailcorporation to pay, in the event a defendant fails to appear at trial or anyother appearance in which the defendant is required to be present, the amountof cash bail imposed; provided, the aggregate amount for which any nonprofitbail corporation shall be liable at any one time shall not exceed an amountequal to five (5) times the amount of its capital.

   (2) For the purposes of this section:

   (i) "Cash bail" means the amount of cash bail set, or a sumof money equal to ten percent (10%) of the amount of surety bail if surety bailis set; and

   (ii) "Capital" means total assets less total liabilities,determined in accordance with generally accepted accounting principlesconsistently applied.

   (d) Nonprofit bail corporations:

   (1) Shall not be entitled to bail any individual for whombail has been set in an amount exceeding fifty thousand dollars ($50,000)surety bail or five thousand dollars ($5,000) cash bail;

   (2) Shall prescribe a program of supervision and counselingfor all persons for whom it has furnished bail, which program shall be designedto assure attendance at trial or at any other appearance in which theappearance of the person is required; and the conditions of supervision shallbecome part of the bail and recognizance conditions of release and with anyviolation of the conditions the nonprofit bail corporation may move to releasesurety; and

   (3) Shall not furnish bail for any person if the pendingcharge against the person involves a capital offense or a felony in which theuse of force or violence is involved or the sale or delivery of or possessionwith the intent to sell or deliver over one ounce of a Schedule I or ScheduleII controlled substance, as defined in chapter 28 of title 21.

   (e) Nonprofit bail corporations shall not be required todeposit any money with the court as required by § 12-13-10. However, upondefault of any individual bailed by a nonprofit bail corporation to make anyrequired appearance, the court may order the nonprofit bail corporation to payany sum not to exceed the amount of the individual's cash bail to the generaltreasurer. Nonprofit bail corporations shall not be liable for the payment ofany fine or court costs which may be owing by any individual.

   (f) The presiding justice of the superior court shallregister and approve Project Bail and may register and approve other nonprofitbail corporations as bondspersons from time to time. The registration of anynonprofit bail corporation may be revoked at any time by the presiding justiceof the superior court and shall be revoked if the nonprofit bail corporationfails to pay any amount for which it is liable under this chapter. Nonprofitbail corporations shall be exempt from the provisions of §§ 12-13-8and 12-13-21 and rules promulgated pursuant to those sections and from otherstatutes and rules which are inconsistent with this section.