R.I. Fam. Ct. R. Crim. P. 35

(a) Correction or

reduction of sentence. The court may correct an illegal sentence at any time. The

court may correct a sentence imposed in an illegal manner and it may reduce any

sentence when a motion is filed within one hundred and twenty (120) days after the

sentence is imposed, or within one hundred and twenty (120) days after receipt by

the court of a mandate of the Supreme Court of Rhode Island issued upon affirmance

of the judgment or dismissal of the appeal, or within one hundred and twenty (120)

days after receipt by the court of a mandate or order of the Supreme Court of the

United States issued upon affirmance of the judgment, dismissal of the appeal, or

denial of a writ of certiorari. The court shall act on the motion within a reasonable

time, provided that any delay by the court in ruling on the motion shall not prejudice

the movant. The court may reduce a sentence, the execution of which has been

suspended, upon revocation of probation.

(b) Increase in sentence. Within twenty (20) days after the filing of a motion to

reduce a sentence, the prosecuting authority may file a motion for an increase in said

sentence. The court on its own motion, after the filing of a motion to reduce a

sentence, may increase said sentence. Whenever a judge increases a sentence, the

reasons for so doing must be made part of the record and must be based on objective

information concerning identifiable conduct on the part of the defendant occurring

after the time of the original sentencing proceeding.

(c) Motion for Termination of Probation. At any time after a defendant has

served at least three (3) years of a term of probation in the community, the probation

unit of the Department of Corrections, either at a defendant's request or

administratively, may review the defendant's case history and recommend amending

the defendant's sentence to terminate the defendant's probation. The probation unit's

recommendation shall be based on the criteria contained in subdivision (1). In the

event the probation unit recommends termination of the defendant's probation, the

defendant may file in Superior Court a motion to amend the defendant's sentence to

terminate the defendant's probation. This rule shall apply to all persons on probation

and otherwise eligible, including persons sentenced to probation prior to the

adoption of this rule.

(1) A motion seeking probation termination shall contain a signed certificate from

the probation unit of the department of corrections stating that:

(i) A copy of the signed certificate has been provided to the prosecuting authority

and the defendant's probation is not conditioned on an active no-contact order; and

(ii) The defendant has completed all of the terms and conditions of the defendant's

probation, including, but not limited to, counseling requirements, community service

orders, restitution orders, and fines; and

(iii) There are no pending probation or deferred sentence revocation proceedings

filed against the defendant; and

(iv) During the three (3) years preceding the issuance of the certificate by the

probation unit, the court has not declared defendant a violator of the defendant's

probation or deferred sentence; and

(v) The defendant is not currently on parole in this or any other jurisdiction; and

(vi) The defendant is not currently on probation, suspended sentence, or deferred

sentence in any other criminal case in this or any other jurisdiction, with the

exception of another criminal case where the term of probation, suspended sentence

or deferred sentence was imposed on the same date as the other sentence and the

sentences were ordered to run concurrently; and

(vii) The defendant is not the subject of pending charge(s) in this or any other

jurisdiction; and

(viii) The probation unit has made reasonable efforts to contact victims through

its Office of Victims Services and/or the victim's last known address; and

(ix) After review of the defendant's case history and the criteria in subdivisions

(1)(i) to (ix), the probation unit recommends that the defendant's probation be

terminated.

(2) The motion shall be filed by the defendant at least ten (10) days before the

time fixed for the hearing, with a copy provided to the prosecuting authority who

shall be afforded an opportunity to object to the motion. The court may grant the

motion to discharge the defendant from probation, after hearing, if in the discretion

of the judicial officer, the judicial officer finds that the defendant has demonstrated

that the defendant no longer requires supervision.

(3) The defendant shall appear in open court, with or without an attorney and may

be questioned, under oath by the attorney for the prosecuting authority or the judicial

officer.

(4) In the event that the motion is granted, an order shall issue and thereafter a

new judgment reflecting the change(s) in the sentence shall be entered by the court.