(a)  In any criminal case, whenever a forfeiture of bail has been ordered pursuant to § 12-13-16.1 and where the bail and/or security for bail has been posted by a licensed bondsperson registered with the court, the court shall only order an amount to be forfeited up to, but not more than, ten percent (10%) of the original bail set and pledged as surety.

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Terms Used In Rhode Island General Laws 12-13-16.2

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

(b)  Subsequent to any forfeiture of bail pursuant to subsection (a) of this section, and prior to the forfeiture of further surety pledged by a licensed bondsperson provided herein, the court shall:

(1)  Provide the licensed bondsperson a period of time equal to six (6) months to return the fugitive to the court before further pledged surety shall be forfeited. Before ordering further forfeiture, the court shall conduct a hearing and provide the licensed bondsperson an opportunity to demonstrate all reasonable actions the bondperson took to locate, apprehend, and return the fugitive to the court. The court shall consider the due diligence of the licensed bondsperson in determining how much, if any, of the remaining amount of surety the bondsperson shall be ordered to forfeit for the failure or inability to locate, apprehend, and return the fugitive to the court. The court at that time may provide the licensed bondsperson with additional time in which to locate and return the fugitive.

(2)  In the event that the licensed bondsperson fails or is unable to locate and return the fugitive, the court may order an amount to be forfeited up to, but not more than, ten percent (10%) of the original bail set and pledged as surety, plus the reasonable expenses incurred by the state in attempting to locate and apprehend the fugitive; and provided, further, that if the fugitive is found and presented before the court within six (6) months of the issuance of the warrant, there shall be no forfeiture.

(3)  The bondsperson shall be responsible to pay all fees and costs associated with the entry of any warrant into the BCI or the NCIC prior to its entry into either database as required in § 12-13-16(b). Upon request of the bondsperson, the clerk of the court shall provide a certified copy of the arrest warrant to the bondsperson without charge to insure the bondsperson’s ability to locate, apprehend, and return the fugitive from outside the state of Rhode Island.

History of Section.
P.L. 2017, ch. 415, § 2.