TITLE 12
Criminal Procedure
CHAPTER 12-19
Sentence and Execution
SECTION 12-19-9
§ 12-19-9 Violation of terms of probation
Notice to attorney general Revocation or continuation of
suspension.
Whenever any person who has been placed on probation pursuant to § 12-9-8
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 court may request the division of field services to
render a report relative to the conduct of the defendant, and, pending receipt
of the report, may order the defendant held without bail for a period not
exceeding ten (10) days, excluding Saturdays, Sundays, and holidays. The court
shall conduct a hearing 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
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
remove the suspension and order the defendant committed on the sentence
previously imposed, or on a lesser sentence, or impose a sentence if one has
not been previously imposed, or may continue the suspension of a sentence
previously imposed, as to the court may seem just and proper.
History of Section.
(G.L. 1938, ch. 496, § 18A; P.L. 1950, ch. 2462, § 1; G.L. 1956,
§ 12-19-9; P.L. 1966, ch. 182, § 1; P.L. 1970, ch. 87, § 1; P.L.
1972, ch. 169, § 25; P.L. 1982, ch. 215, § 1.)
