R.I. Dist. Ct. R. Crim. P. 46

(a) Right to Bail.

(1) Before and After Conviction. In accordance with the Constitution and laws of

this State, a defendant shall be admitted to bail before conviction and may be

admitted to bail after conviction pending appeal.

(2) Extradition Proceedings. A person arrested in connection with an extradition

proceeding may in the discretion of the court be admitted to bail except where the

person is charged with an offense punishable by death or life imprisonment under

the laws of the demanding state.

(b) Bail for Witness. If upon a hearing it appears that the testimony of a person is

material in any criminal proceeding and if it is shown that it may become

impracticable to secure the person's presence by subpoena, the court may require the

person to give bail for his or her appearance as a witness, in an amount fixed by the

court. If the person fails to give bail the court may commit the person pending final

disposition of the proceeding in which the testimony is needed, may order the

person's release if the person has been detained for an unreasonable length of time

and may modify at any time the requirement as to bail.

(c) Terms. If the defendant is admitted to bail, the terms thereof shall be such as

in the judgment of the court will insure the presence of the defendant, having regard

to the nature and circumstances of the offense charged, the weight of the evidence

against the defendant, the financial ability of the defendant to give bail, the character

of the defendant, and the policy against unnecessary detention of defendants pending

trial.

(d) Form and Conditions. A person required or permitted to give bail shall

execute a recognizance in such form as may be prescribed to assure for the person's

appearance, for the person's good behavior and that the person will keep the peace.

The court, having regard to the considerations set forth in subdivision (c), may

require one or more sureties, may authorize the acceptance of cash or bonds or other

security in an amount equal to or less than the face amount of the recognizance, or

may authorize the release of the defendant without security upon the person's written

agreement to appear at a specified time and place and upon such conditions as may

be prescribed to insure the person's appearance.

(e) Violation of Terms of Recognizance. In addition to other remedies provided

for in this rule or otherwise provided for by law, violation of the terms of a

recognizance may be punished as a contempt of court.

(f) Justification of Sureties. Every surety, except a corporate surety authorized by

law to give a recognizance, shall justify by affidavit or oral testimony under oath and

may be required to describe the property by which he or she proposes to justify and

the encumbrances thereon, the number and amount of other bonds and undertakings

for bail entered into by him or her and remaining undischarged and all his or her

other liabilities. No recognizance shall be approved unless the surety thereon appears

to be qualified.

(g) Forfeiture.

(1) Declaration. If there is a breach of condition of a recognizance, the court upon

motion of the attorney for the State shall declare a forfeiture of the bail.

(2) Setting Aside. The court may direct that a forfeiture be set aside, upon such

conditions as the court may impose, if it appears that justice does not require the

enforcement of the forfeiture.

(3) Enforcement. When a forfeiture has not been set aside, the court shall on

motion enter a judgment of default and execution may issue thereon. By entering

into a recognizance the obligors submit to the jurisdiction of the court and

irrevocably appoint the clerk of the court as their agent upon whom any papers

affecting their liability may be served. Their liability may be enforced on motion

without the necessity of an independent action. The motion and such notice of the

motion as the court prescribes may be served on the clerk of the court, who shall

forthwith mail copies to the obligors to their last known addresses.

(4) Remission. After entry of such judgment, the court may remit it in whole or

in part under the conditions applying to the setting aside of forfeiture in paragraph

(2) of this subdivision.

(5) Settlement. The Attorney General may settle with any obligor liable upon

forfeited recognizance upon such terms and in such manner as he or she shall deem

most advantageous to the interest of the State.

(h) Exoneration. When the condition of the recognizance bond has been satisfied

or the forfeiture thereof has been set aside or remitted or settled, the court shall

exonerate the obligors and release any bail. A surety may be exonerated by a deposit

of cash in the amount of the bond or by a timely surrender of the defendant into

custody.

(i) Supervision of Detention Pending Trial. For the purpose of eliminating all

unnecessary detention, the District Court shall exercise supervision over the

detention of defendants and witnesses who have been detained pending preliminary

examination, arraignment, or trial in the District Court. The Attorney General shall

make a biweekly report to the Chief Judge listing each defendant and witness who

has been held in custody for a period in excess of ten days. As to each witness so

listed the Attorney General shall make a statement of the reasons why such witness

should not be released with or without the taking of the witness' deposition pursuant

to Rule 15(a). As to each defendant so listed the Attorney General shall make a

statement of the reasons why the defendant is still held in custody.