§ 12-13-10 - Deposit of money in lieu of bail.
SECTION 12-13-10
§ 12-13-10 Deposit of money in lieu ofbail. – Any person who is held in custody or committed upon a criminal charge, ifentitled to be released on bail, may at any time, instead of giving surety orsureties, in the discretion of the court, give before the court in which he orshe is held to appear his or her personal recognizance to appear and do asordered by the court, and shall be allowed to deposit, either individually orby another on his or her behalf, with the court in money ten percent (10%) ofthe amount of bail which he or she is ordered to furnish, and the justice orclerk of the court shall give him or her a certificate, and upon delivery ofthe certificate to the officer in whose custody he or she is shall be releasedfrom custody, and the money shall be deposited in the registry of the courtbefore which the person shall be recognized to appear. Consistent with Article1, § 9 of the Rhode Island Constitution the giving of surety or in thealternative the deposit with the court of ten percent (10%) of the amount ofbail set shall be the sole monetary conditions of the release on bail, exceptas set forth herein. No court shall require the deposit of cash as the solemonetary condition of the release on bail, except in those cases where thedefendant owes court-imposed restitution. Upon the default of the defendant thecourt before which he or she is recognized to appear may, at any timethereafter, order the money deposited in the registry of the court or in thediscretion of the court the entire amount of the bail set to be forfeited, andthe money shall be paid to the general treasurer. If money has been depositedand the defendant at any time before forfeiture shall appear before the courtto which he or she was recognized to appear, and shall surrender himself orherself, or shall recognize before the court with sufficient surety orsureties, in such an amount, to appear and do as the court may order, or be inany manner legally discharged, then the court shall order the return of thedeposit to the defendant. If the money remains on deposit at the time of ajudgment for the payment of a fine and costs, restitution, or any otherassessment issued by the court, the clerk must apply the money in satisfactionof the judgment, and after satisfying the fine and costs, restitution, or anyother assessment must refund the surplus, if any, to the defendant or to theindividual who posted the money on behalf of the defendant, as the case may be.