RI · rules
R.I. Dist. Ct. R. Crim. P. 32
Sentence and Judgment
(a) Sentence. (1) Imposition of Sentence.
Sentence shall be imposed without unreasonable delay. A delay between finding of
guilt and imposition of sentence will not be deemed unreasonable if a defendant has
not moved for imposition of sentence. Pending sentence the court may commit the
defendant or continue or alter the bail. Before imposing sentence the court shall
afford counsel an opportunity to speak on behalf of the defendant and shall address
the defendant personally and ask the defendant if the defendant wishes to make a
statement in his or her own behalf and to present any information in mitigation of
punishment.
(2) Notification of Right to Appeal. After imposing sentence the court shall advise
the defendant of his or her right to appeal to the Superior Court for a trial de novo.
(b) Judgment. A judgment of conviction shall set forth the offense charged, the
plea, and the adjudication and sentence. If the defendant is found not guilty or for
any reason is entitled to be discharged, judgment shall be entered accordingly. The
judgment shall be signed by the judge and entered by the clerk.
(c) Presentence Investigation.
(1) When Made. The administrator of probation and parole, when directed to do
so by the court, shall make a presentence investigation and report to the court before
the imposition of sentence or the granting of probation. Unless the defendant
consents, the report shall not be submitted to the court or its contents disclosed to
anyone before the defendant has pleaded guilty or nolo contendere or has been found
guilty.
(2) Report. The report of the presentence investigation shall contain any prior
criminal record of the defendant and such information about the defendant's
characteristics, the defendant's financial condition and the circumstances affecting
the defendant's behavior as may be helpful in imposing sentence or in granting
probation or in the correctional treatment of the defendant, and such other
information as may be required by the court. A copy of the report shall be furnished
to the attorney for the State to aid him or her in making a recommendation to the
court concerning the sentence to be imposed. The court before imposing sentence
may disclose to the defendant or the defendant's counsel all or part of the material
contained in the report of the presentence investigation and afford an opportunity to
the defendant or the defendant's counsel to comment thereon.
(d) Withdrawal of Plea. A motion to withdraw a plea of guilty or of nolo
contendere may be made only before sentence is imposed or probation is imposed
or imposition of sentence is suspended.
(e) Probation. Unless otherwise provided by law, the defendant may be placed
on probation without sentence being imposed or may be placed on probation after
execution of sentence has been suspended.
(f) Revocation of Probation. The court shall not revoke probation or revoke a
suspension of sentence or impose a sentence previously deferred except after a
hearing at which the defendant shall be afforded the opportunity to be present and
apprised of the grounds on which such action is proposed. The defendant may be
admitted to bail pending such hearing. Prior to the hearing the State shall furnish the
defendant and the court with a written statement specifying the grounds upon which
action is sought under this subdivision. No revocation shall occur unless the State
establishes by a fair preponderance of the evidence that the defendant breached a
condition of his/her probation or deferred sentence or failed to keep the peace or
remain on good behavior.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
27b952993e75ed095b15a3faa743cc93e238622cc5a272c1309b465d08abb3e8
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