§ 12-29-5 - Disposition of domestic violence cases.
SECTION 12-29-5
§ 12-29-5 Disposition of domestic violencecases. – (a) Every person convicted of or placed on probation for a crime involvingdomestic violence or whose case is filed pursuant to § 12-10-12 where thedefendant pleads nolo contendere, in addition to any other sentence imposed orcounseling ordered, shall be ordered by the judge to attend, at his or her ownexpense, a batterer's intervention program appropriate to address his or herviolent behavior. This order shall be included in the conditions of probation.Failure of the defendant to comply with the order shall be a basis forviolating probation and/or the provisions of § 12-10-12. This provisionshall not be suspended or waived by the court.
(b) Every person convicted of or placed on probation for acrime involving domestic violence, as enumerated in § 12-29-2 or whosecase if filed pursuant to § 12-10-12 where the defendant pleads guilty ornolo contendere, in addition to other court costs or assessments imposed, shallbe ordered to pay a one hundred twenty-five dollar ($125) assessment. Eightypercent (80%) of the assessment collected pursuant to this section shall beprovided to the Rhode Island Coalition Against Domestic Violence for programsto assist victims of domestic violence and twenty percent (20%) of theassessment shall be deposited as general revenue.
(c) Every person convicted of an offense punishable as amisdemeanor involving domestic violence as defined in § 12-29-2 shall:
(i) For a second violation be imprisoned for a term of notless than ten (10) days and not more than one year.
(ii) For a third and subsequent violation be deemed guilty ofa felony and be imprisoned for a term of not less than one year and not morethan ten (10) years.
(2) No jail sentence provided for under this section can besuspended.
(3) Nothing in this subsection shall be construed as limitingthe discretion of the judges to impose additional sanctions authorized insentencing.
(d) For the purposes of this section, "batterers interventionprogram" means a program which is certified by the batterers interventionprogram standards oversight committee according to minimum standards, pursuantto §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.