R.I. Super. 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

defendant 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 the person's 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 defendant required or permitted to give bail shall

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

defendant's appearance, for the defendant's good behavior, and that the defendant

will keep the peace. The court, having regard to the considerations set forth in

subdivision (c), may require one (1) 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 defendant's written agreement to appear at a specified time and place and

upon such conditions as may be prescribed to insure the defendant'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 the surety proposes to justify and

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

for bail entered into by the surety and remaining undischarged and all the surety's

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

to be qualified.

(g) Revocation of Bail or Personal Recognizance.

(1) Revocation. In addition to other remedies provided for in this rule or otherwise

provided for by law, violation of the bail or personal recognizance conditions may

result in the defendant's bail or personal recognizance being revoked and may result

in the defendant being ordered held without bail at the Adult Correctional

Institutions.

(2) Hearing. The court shall not revoke a defendant's bail or personal

recognizance 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. If the court finds by a preponderance of the evidence that a violation of

the bail or personal recognizance conditions has occurred, the defendant may be

admitted to bail or held without bail pending such hearing, as the court may deem

reasonable. Prior to the hearing the State shall furnish the defendant and the court

with a written statement specifying the grounds upon which revocation is sought.

(3) Date for readmission to bail to be set. If the court revokes the defendant's bail

or personal recognizance, the court shall set the date for trial. If the case has not been

brought to trial or otherwise adjudicated after ninety (90) days, the defendant may

move to be readmitted to bail

(4) Alternative remedies. Alternatively, in lieu of revoking the defendant's

recognizance, the court may, in appropriate cases where a violation of the bail and

personal recognizance conditions has been proven or admitted, require the defendant

to give a new recognizance, with or without surety or sureties, in place of the one

already given, with new or additional conditions, as to the court may seem

reasonable.

(h) 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 a

forfeited recognizance upon such terms and in such manner as the Attorney General

shall deem most advantageous to the interest of the State.

(i) 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.