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Senate committee hears broad testimony on presumption of bail for probation violators; bill held for study
Summary
Senate Bill 733, which would create a presumption of bail for people arrested on probation violations, drew extensive testimony from survivors, advocates and defense counsel; the committee agreed to hold the bill for further study.
Senate Bill 733, introduced by Senator Coleman, would require courts to set reasonable bail for people arrested as probation violators in many cases, creating a presumption of bail except for enumerated exceptions such as certain violent offenses.
Sponsor Senator Coleman said Rhode Island’s probation rate is among the highest in the nation and described consequences when alleged violators are held in custody: job loss, housing loss and, in some cases, loss of children. “People are held for an average of 31 days while awaiting their violation hearing,” she said, citing a 2015 study and arguing the current practice can coerce guilty pleas.
Multiple witnesses described the consequences of being detained on a probation violation. Jackie Kendi Shove said her son was held without bail for playing cards at a family gathering and missed final exams and graduation. Rachel Burgos and other witnesses described loss of housing, custody struggles and difficulty finding work after being held. Economic Progress Institute analyst Hector Perez Aponte cited racial disparities and the cost of incarceration, noting Latino and Black Rhode Islanders are overrepresented among people on probation.
The Office of the Public Defender, represented by Meg Jackson, supported the bill and noted the presumption of bail is established in the state constitution and laws; the office urged the measure as a way to avoid the collateral consequences of short custodial holds. Prosecutors and other stakeholders were not broadly represented in oral testimony recorded in the hearing.
After extended testimony the committee voted to hold SB 733 for further study.
Why it matters: The bill adjusts pre-hearing custody rules for people accused of violating probation, a practice that advocates say contributes to unnecessary short-term incarceration and harms families and employment stability; opponents raise concerns about public safety and judicial discretion.
Key details - Sponsor framed the change as a narrow presumption of bail, with carve-outs for domestic-violence and violent offenses. - Witnesses described real-world examples of long detention for alleged technical violations, loss of jobs and housing, and collateral harms to children. - The Office of the Public Defender testified in support; lawmakers agreed to hold the bill for further study.
