1. Applicable Statutes

Michie's Rhode Island Court Rules Annotated, Superior Court Rules of Criminal Procedure, Rule 46

Michie's Rhode Island Court Rules Annotated, Superior Court, Superior Court Rules Governing Professional Bondsmen, Rules 1-13

2. Licensing Requirements

The only licensing requirements for bail bondsmen in Rhode Island are for property bondsmen.

Any person desirous of being approved and registered as a professional bondsman shall file an application under oath and in duplicate original form with the presiding justice or his or her designee which shall contain the following information as to each parcel of real estate which the applicant proposes to pledge as bondsman:

•  The city or town in which the real estate is located;

•  The book and page numbers at which the real estate is recorded by the office of land records of the city or town;

•  The person or persons in whose name the real estate is held;

•  The nature of such holding (e.g. in fee simple, joint tenancy, in trust, as a life tenant, etc.);

•  The recorded lot number and the name of the recorded plat together with the number of the plat card on which the lot is designated;

•  The assessors' plat and lot numbers;

•  The street address if the real estate is also identified in such manner;

•  The assessed valuation;

•  The fair market value;

•  The name and address of any mortgagee, lienor, pledgee or other encumbrancer and the amount due each such creditor;

•  Where title to the parcel is held as a result of a tax sale, whether the equity of redemption has been foreclosed;

•  As to each defendant for whom the parcel has been previously pledged, the name of the defendant, the court in which the case is pending, the court number of the case, whether the crime charged is a felony or a misdemeanor and the amount of the bail.

3. Notice of Forfeiture

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. 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. [RI R SUPER CT RCRP Rule 46]

4. Forfeiture to Judgment

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. [RI R SUPER CT RCRP Rule 46]

5. Defenses to Forfeiture

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. [RI R SUPER CT RCRP Rule 46]

6. Remission

After entry of such judgment, the court may remit it in whole or in part, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture

The Attorney General may settle with any obligor liable upon a forfeited recognizance upon such terms and in such manner as he or she shall deem most advantageous to the interest of the State. [RI R SUPER CT RCRP Rule 46]

7. Bail Agent's Arrest Authority

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. [RI R SUPER CT RCRP Rule 46]

8. Other Noteworthy Provisions

A bondsmen's approval and registration may be revoked at any time by a court of justice, and shall be revoked in case such a bondsman fails for one hundred twenty (120) days after the issuance of process under § 12-13-16 to satisfy in full the recognizance to which he or she is bound, or such amount of the original recognizance as determined in the discretion of the court, in accordance with § 12-13-10. [RI R SUPER CT PROF BOND Rule 1]

9. Noteworthy Appellate Decisions

In re Cross , 617 A.2d 97 (R.I. 1992).

Clerk of court issued letter complaining of alleged misconduct of bail bondsman. The Superior Court revoked bondsman's license. Certiorari was granted. The Supreme Court held that: (1) bail bondsman's right to confront and cross examine accusers was not violated by the revocation of his license after notice and a hearing in which bondsman chose not to subpoena the witnesses who had complained against him; (2) bail bondsman's due process rights were not violated by having burden to disprove assertions in complaint; and (3) although pre-revocation hearing comported with minimum standards required by due process, bail bondsman would be allowed an additional hearing before revocation in order to give him every opportunity to present evidence or argument against revocation. Petition denied in part and granted in part.

In re Procaccianti , 475 A.2d 211 (R.I. 1984).

The trial court did not abuse his discretion by ordering a full forfeiture of a bond by a licensed bondsman where the trial court was convinced that the bondsman had done nothing to discharge his obligations as a bondsman; moreover, it was proper to forfeit the bond as the bondsman had promised to do in the event the defendant failed to show up for trial.

State v. Saback , 534 A.2d 1155 (R.I. 1987).

The trial court abused its discretion in holding that it was constrained to order a complete forfeiture of bail, without considering mitigating factors, when the defendant failed to perform a condition of his recognizance. The trial court is free, where appropriate, to set aside or remit bail, regardless of whether counsel for the defense has moved to set aside or remit bail, in whole or in part, although such procedure by defense counsel is certainly highly advisable.

10. Bounty Hunter Provisions

There are currently no provisions relating to bounty hunters.