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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Rhode Island R.I. Gen. Laws. Ann. § 11-1-1 Common law offenses not covered by statute
Every act and omission which is an offense at common law, and for which no punishment is prescribed by the general laws, may be prosecuted and punished as an offense
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at common law. Every person who shall be convicted of any offense which is a misdemeanor at common law shall be imprisoned for a term not exceeding one year or be fined not exceeding five hundred dollars ($500). Every person who shall be convicted of any offense which is a felony at common law shall be imprisoned for a term not exceeding five (5) years or be fined not exceeding five thousand dollars ($5,000).
$0.00 - $500.00 Misdemeanor No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-1-1 Common law offenses not covered by statute
Every act and omission which is an offense at common law, and for which no punishment is prescribed by the general laws, may be prosecuted and punished as an offense
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at common law. Every person who shall be convicted of any offense which is a misdemeanor at common law shall be imprisoned for a term not exceeding one year or be fined not exceeding five hundred dollars ($500). Every person who shall be convicted of any offense which is a felony at common law shall be imprisoned for a term not exceeding five (5) years or be fined not exceeding five thousand dollars ($5,000).
$0.00 - $5000.00 Felony No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-1-4 Harboring a criminal
Except where subsection 11-37-8.2.1(d) applies, every person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, or brother or sister, by consanguinity or affinity,
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to another who shall have committed any offense or been accessory before the fact to the commission of any offense, who shall be convicted of knowingly harboring or relieving the offender, with intent that he or she shall escape or avoid detection, arrest, trial, or punishment, shall be imprisoned not exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000).
$0.00 - $1000.00 Felony No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-1-5 Compounding or concealing felony
Every person who shall be convicted of having knowledge of the commission of any felony offense, and of taking any money, gratuity, or reward, or any engagement upon an agreement
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or understanding, express or implied, to compound or conceal that crime or offense, or not to prosecute for the offense, or not to give evidence relative to the offense, shall be imprisoned not exceeding five (5) years or be fined not exceeding five thousand dollars ($5,000), provided that the person shall not be subject to a fine or imprisonment exceeding the felony pertaining to this offense.
$0.00 - $5000.00 Felony No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-1-5.1 Reports of crimes to law enforcement officials
A person who knows that another person is a victim of sexual assault, murder, manslaughter, or armed robbery and who is at the scene of the crime shall, to the
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extent that the person can do so without danger of peril to the person or others, report the crime to an appropriate law enforcement official as soon as reasonably practicable. Any person who violates the provisions of this section shall be subject to imprisonment for a term not exceeding six (6) months, or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
$500.00 - $1000.00 Felony No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-1-10 Soliciting an incompetent person
Every person who knowingly or willfully encourages, aids, contributes to, or in any way causes any person who as a result of mental and/or physical disability has had a guardian
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appointed for his or her person or estate to violate any law of this state or the ordinances of any town or city in the state, or who knowingly and willfully encourages, aids, contributes to, or in any way causes that disabled person to be guilty of any vicious or immoral conduct, shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500), or be imprisoned for not more than one year, or both.
$0.00 - $500.00 Misdemeanor No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-2-2 Desertion by leaving state
Any husband or father who without just cause deserts his wife or minor child by going into another state, and leaves them or any or either of them without making
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reasonable provisions for their support, shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than five (5) years, or both. No civil proceeding in any court shall be held to be a bar to a prosecution pursuant to this section for desertion or nonsupport. In a prosecution pursuant to this section for desertion or nonsupport against a husband, a decree or judgment of any court in a proceeding in which the husband appeared or was personally served with process, establishing the right of the wife to live apart, or her freedom to convey and deal with her property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of that right.
$0.00 - $1000.00 Felony No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-4-2 Arson - first degree
Any person who knowingly causes, procures, aids, counsels or creates by means of fire or explosion a substantial risk of serious physical harm to any person or damage to any
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building the property of that person or another, whether or not used for residential purposes, which is occupied or in use for any purpose or which has been occupied or in use for any purpose during the six (6) months preceding the offense or to any other residential structure, shall, upon conviction, be sentenced to imprisonment for not less than five (5) years and may be imprisoned for life, or shall be fined not less than three thousand dollars ($3,000) nor more than twenty-five thousand dollars ($25,000), or both; provided, further, that whenever a death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years. In all such cases, the justice may only impose a sentence less than the minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. That finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for the minimum term is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence.
$3000.00 - $25000.00 Felony No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-4-3 Arson - second degree
Any person who knowingly causes, aids, procures or counsels by means of fire or explosion the damage or destruction of any unoccupied building, structure or facility the property of that
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person or another shall, upon conviction, be sentenced to imprisonment for not less than two (2) years nor more than twenty (20) years, or shall be fined not more than two thousand five hundred dollars ($2,500), or both; provided, that if death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years.
$0.00 - $2500.00 Felony No Court N/A
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Rhode Island R.I. Gen. Laws. Ann. § 11-4-4 Arson - third degree
Any person who knowingly causes, procures, aids or counsels or creates by means of fire or explosion the damage or destruction of any property of that person or another with
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the purpose to defraud an insurer shall, upon conviction, be sentenced to imprisonment for not less than two (2) years nor more than twenty (20) years or shall be fined not more than five thousand dollars ($5,000), or both; provided, that if death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years.
$0.00 - $5000.00 Felony No Court N/A
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Rhode Island R.I. Gen. Laws. Ann. § 12-19-31 Commitment for nonpayment of fines and costs

Whenever any person shall be committed for nonpayment of fines and costs, the sheriffs of the several counties and their deputies, and the town sergeants and town constables of any

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town in the several counties, upon due warrant from the court before whom the person has been convicted, may lawfully remove and commit the persons to the adult correctional institutions and they shall be allowed any fees that are now provided by law in similar cases; provided, that in the counties of Newport and Washington, any person before removal from the county of Newport or the county of Washington, in which sentence is entered, may pay the fine and costs into the court or into the office of the clerk of the court in which sentence is imposed and upon payment shall be discharged.

Incarceration All No
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-9 Commitment for failure to obey judgment or sentence

If any person against whom sentence is passed or judgment rendered, under any penal statute, shall refuse or neglect to perform the sentence or to pay the judgment, he or

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she shall, by order of the court passing the sentence or by the officer charged with the execution issued on the judgment, be committed to the adult correctional institutions, and be imprisoned there until the sentence is performed or he or she is discharged by due course of law.

Incarceration All No
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-1(1) Methods of recovering fines and forfeitures

Unless otherwise specially provided:

(1)  All fines of five hundred dollars ($ 500) and under shall be recovered by complaint and summons;

(2)  All fines of upwards of five hundred dollars ($ 500), by

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indictment or information;

(3)  All penalties and pecuniary forfeitures, by action of debt; and

(4)  All forfeitures of personal property, by complaint and warrant or by information.

Civil judgment, Other All Yes
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-33 Suspension of operators' license for failure to pay costs, fines, fees, or assessments

A judge of the superior or district court or the traffic tribunal may order the suspension of a person's license issued pursuant to chapter 10 of title 31 if the

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person fails to pay court ordered costs, fines, fees, restitution or assessments within the time period provided for in an order of the court. The judge may order the suspension to be effective until the person complies with the court order.

Driver's license suspension/impoundment All Yes
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Rhode Island R.I. Gen. Laws. Ann. § 12-25-26 Recovery of victim compensation from offender

Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the act

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constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.

Civil judgment, Other All Yes
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Rhode Island R.I. Gen. Laws. Ann. § 12-19-8.1 Conditions of probation

(a) The following shall constitute basic conditions of probation applicable to all defendants upon whom a period of probation has been imposed: (8) Pay restitution, court costs, and fines, if

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assessed, in one or several sums, based on the defendant's ability to pay; and

Condition or extension of supervision All No
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Rhode Island R.I. Gen. Laws. Ann. § 12-25-26 Recovery from offender

(a) Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act for a personal injury or death resulting from the

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act constituting the offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.

Civil judgment All No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Rhode Island R.I. Gen. Laws. Ann. § 12-20-10(b) Remission of costs -- Prohibition against remitting restitution to victims of crime -- Ability to pay -- Indigency

(b)  For purposes of §§ 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv) and 21-28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and limited ability to pay:

(1)  Qualification for and/or receipt of any of the following benefits

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or services by the defendant: (i)  temporary assistance to needy families (ii)  social security including supplemental security income and state supplemental payments program; (iii)  public assistance (iv)  disability insurance; or (v)  food stamps

(2)  Despite the defendant's good faith efforts to pay, outstanding court orders for payment in the amount of one-hundred dollars ($ 100) or more for any of the following: (i)  restitution payments to the victims of crime; (ii)  child support payments; or (iii)  payments for any counseling required as a condition of the sentence imposed including, but not limited to, substance abuse, mental health, and domestic violence.

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Indigency; Qualification for and/or receipt of temporary assistance to needy families, social security including supplemental security income and state supplemental payments program, public assistance, disability insurance; or food stamps; outstanding court orders for

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payment in the amount of one-hundred dollars ($ 100) or more for restitution payments to the victims of crime, child support payments; or payments for any counseling required as a condition of the sentence imposed including, but not limited to, substance abuse, mental health, and domestic violence.

Not provided for Not provided for Not provided for Yes

N/A

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Rhode Island R.I. Gen. Laws. Ann. § 12-21-20 Order to pay costs and determination of ability to pay

(a) If, upon any complaint or prosecution before any court, the defendant shall be ordered to pay a fine, enter into a recognizance or suffer any penalty or forfeiture, he or

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she shall also be ordered to pay all costs of prosecution, unless directed otherwise by law.

(b) In superior court, the judge shall make a preliminary assessment of the defendant's ability to pay immediately after sentencing by use of the procedures specified in this section.

(c) In district court, the judge shall make a preliminary assessment of the defendant's ability to pay immediately after sentencing or nearly thereafter as practicable by use of the procedures specified in this section.

(d) The defendant's ability to pay and payment schedule shall be determined by use of standardized procedures including a financial assessment instrument. The financial assessment instrument shall be: (1) based upon sound and generally accepted accounting principles; (2) completed based on a personal interview of the defendant and includes any and all relevant information relating to the defendant's present ability to pay including, but not limited to, the information contained in § 12-20-10; and (3) made by the defendant under oath.

(e) The financial instrument may, from time to time and after hearing, be modified by the court.

(f) When persons come before the court for failure to pay fines, fees, assessments and other costs of prosecution, or court ordered restitution, and their ability to pay and payment schedule has not been previously determined, the judge, the clerk of the court, or their designee shall make these determinations by use of the procedures specified in this section.

(g) Nothing in this section shall be construed to limit the court's ability, after hearing in open court, to revise findings about a person's ability to pay and payment schedule made by the clerk of the court or designee, based upon the receipt of newly available, relevant, or other information.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No

N/A

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Rhode Island R.I. Gen. Laws. Ann. § 12-19-32 Restitution

In addition to or in lieu of any non-mandatory sanction imposed as part of a sentence or as a condition of probation, a judge at the time of sentencing may

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order restitution which may be in the form of monetary payment or some type of community restitution. Provided, that any person sentenced to a period of incarceration at the adult correctional institutions shall be ineligible to participate in those programs established pursuant to chapter 8 of title 13, sections 42-56-20.2, 42-56-20.3 or 42-56-21, unless and until the restitution has been paid in full, or satisfactory arrangements have been made with the court if the person has the ability to pay. 

All

Not provided for

Not provided for Not provided for Not provided for No

Able to participate in programs without satisfying restitution payments.

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-15 Access of city or town treasurer to district court records

The city or town treasurer of any city or town in the division in which the district court is situated shall have access at all times to all books and

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papers in the office of the division, and may examine them for the purpose of verifying the returns of the clerk.

Obligation to report/conduct analysis Other
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Rhode Island R.I. Gen.Laws. Ann. § 8-15-9.3(a) Public inspection of court payments owed

Notwithstanding any other provision of law, the director of the finance section on a quarterly basis shall prepare a list of the persons who owe court imposed or court related

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fees, fines, court costs, assessments, charges and/or any other monetary obligations due and owing to the state which have been unpaid for a period in excess of ninety (90) days from the date that any such amounts were due and are not the subject of a court-ordered payment plan in good standing. (The above fees are hereinafter referred to as Overdue Court Fees.) The list shall contain the name and city or town and state of each person who owes Overdue Court Fees as of the end of the quarter, together with the total amount owed, and the date of disposition. No person owing Overdue Court Fees shall be included on such list if the underlying matter in which Overdue Court Fees were imposed, or the amount of the fees, is the subject of an appeal.

Obligation to report/conduct analysis State courts
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-11 Quarterly reports and payment by district court

The clerk of each division of the district court, shall, between the first and fifteenth days of February, May, August, and November in each year, make an itemized return in

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writing to the city or town treasurer of every city or town in the division of all fines received by the clerk during the preceding quarter, which or part of which shall be due to the city or town, and of costs paid by the clerk out of money belonging to the city or town, and the amount and circumstances of all of these fines received by the clerk and costs paid by the clerk and not included in any previous return. The clerk making the return shall immediately thereafter cause to be paid to the city or town treasurer the balance of all moneys belonging to the city or town.

Obligation to report/conduct analysis State courts
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Rhode Island R.I. Gen. Laws. Ann. § 8-15-11(b) Electronic filing and online payments

The collection of technology surcharges shall be monitored and supervised by the judiciary's director of finance and shall be deposited into a restricted receipt account designated as Rhode Island judiciary

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technology surcharge account, the proceeds of which shall be solely for use by the judiciary in support of its technology infrastructure and case management system. On or before January 15, 2015, and annually thereafter on or before January 15, the judiciary's director of finance shall file a report with the governor, the speaker of the house, and the president of the senate detailing: (1) The total amount of funds collected and deposited into the judiciary technology surcharge account for the most recently completed fiscal year; (2) The fund balance as of the date of the report; (3) An itemization of all expenditures and other uses of said funds from said account for the most recently completed fiscal year; and (4) An annual evaluation as to the appropriateness of the amount of the technology surcharge or fee.

Obligation to collect or record State courts
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-1 Methods of recovering fines and forfeitures

Unless otherwise specially provided: (1) All fines of five hundred dollars ($500) and under shall be recovered by complaint and summons; (2) All fines of upwards of five hundred dollars

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($500), by indictment or information; (3) All penalties and pecuniary forfeitures, by action of debt; and (4) All forfeitures of personal property, by complaint and warrant or by information.

All courts
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Rhode Island R.I. Gen.Laws. Ann. § 8-15-9 Supervision of court imposed and court related costs, fines, restitution, and other payments, deposits, and receipts

Within the administrative office of the state courts there shall be a finance section. The director of the finance section shall be appointed by the chief justice of the supreme

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court, and approved by a majority vote of the advisory board. The director of the finance section shall monitor the handling, collection, receipt, and disbursement of all court imposed or court related fees, fines, costs, assessments, charges, and other monetary payments, deposits, and receipts, including, but not limited to, filing fees, court costs and fees, bail, fines, judgments, awards, restitution payments, registry of court accounts, restricted receipts accounts, child support and other support orders, and court stenographers' accounts. The director shall be responsible for all bookkeeping and accounting of money collected or received by the clerks of the various state courts including, but not limited to, §§ 8-4-8, 8-8-16, 8-8-17, 8-8.2-3 and 8-10-10. The director shall formulate and publish a policy which shall standardize the procedures for the handling, collection, receipt, and disbursement of court imposed or court related monetary payments, deposits, and receipts. The court may require all persons who enter into a payment plan for the payment of court imposed or court related fees, fines, court costs, assessments, charges and/or any other monetary obligations to provide a valid social security number, valid driver's license number, and date of birth at the time they enter into said payment plan. Provided, however, social security numbers and driver's license numbers shall not be part of the public record and shall be used for collection purposes only.

State/statewide agency
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-21 Guilty plea and payment of fine by person outside state

Whenever any person who is charged with the commission of a misdemeanor punishable by a fine shall be outside the confines of this state, the defendant may, with the approval

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of a judge of the district court for the division in which the complaint may be pending, or with the approval of the justice of the superior court in charge of criminal appeals if the cause is pending on appeal before the superior court, by instrument in writing and duly acknowledged before an appropriate officer, authorize his or her attorney of record to appear in open court and enter on his or her behalf a plea of guilty or nolo contendere, and to pay the fine that may be assessed by the court, together with the costs of prosecution, if any, that may be assessed by the court. Every written authorization shall be filed with the clerk of the court, and shall be retained by the clerk, together with the original complaint, as a portion of the record of the case. 

State courts
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Rhode Island R.I. Gen. Laws. Ann. § 12-19-2(e) Selection of method and amount or term of punishment

A prisoner authorized to work at paid employment in the community under this section may be required to pay, and the director is authorized to collect, costs incident to the

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prisoner's confinement as the director deems appropriate and reasonable. These collections shall be deposited with the treasurer as a part of the general revenue of the state.

State/statewide agency
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Rhode Island R.I. Gen. Laws. Ann. § 12-25-28(a) Special indemnity account for criminal injuries compensation
It is provided that the general treasurer establish a violent crimes indemnity account within the general fund for the purpose of paying awards granted pursuant to this chapter. The court
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shall assess as court costs in addition to those provided by law, against all defendants charged with a felony, misdemeanor, or petty misdemeanor, whether or not the crime was a crime of violence, and who plead nolo contendere, guilty or who are found guilty of the commission of those crimes as follows:(1) Where the offense charged is a felony and carries a maximum penalty of five (5) or more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any fine imposed on the defendant by the court, whichever is greater. (2) Where the offense charged is a felony and carries a maximum penalty of less than five (5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on the defendant by the court, whichever is greater. (3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent (15%) of any fine imposed on the defendant by the court, whichever is greater.
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-10 Disposition of recoveries

Unless otherwise specially provided: (1) All fines recovered shall be to the use of the state; (2) All penalties and pecuniary forfeitures, one-half (1/2) to the use of the state and one-half

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(1/2) to the use of the person who shall sue for it; and (3) All forfeitures of personal property shall be disposed of as provided by law.

State/statewide agency

Complainant

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Rhode Island R.I. Gen Laws. Ann. § 12-21-12 Payment of costs taxable to cities or towns out of fines due

All costs taxed by courts in criminal prosecutions, which by law any city or town is or may be required to pay, may be paid by the clerk to the

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several persons entitled to them, out of fines in his or her hands belonging to the city or town; provided, that fines received by the clerk which are by law to be applied to the support of the public schools shall not be used in the payment of these costs.

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Rhode Island R.I. Gen. Laws. Ann. § 12-21-16 Payments of amounts due to the state

All fines and all penalties and forfeitures to the use of the state shall be paid over to the general treasurer, unless otherwise specially provided.

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Rhode Island R.I. Gen. Laws. Ann. § 12-21-17 Payment and accounting for fines due other than to state

All fines recovered under any statute of this state, the whole or any part of which may be due or payable to any city, town, or society, or to any

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person as complainant, shall be accounted for with the state controller, and be paid to the general treasurer. The general treasurer shall, upon the order of the state controller, pay to the city, town, society, or person so much of the amount of the fine so recovered as the city, town, society, or person may be entitled to, which order shall be drawn by the state controller whenever he or she shall receive a proper return or certificate from the clerk of the court in which the fine was imposed.

State/statewide agency

Local jurisdiction; complainant; municipality/municipal agency.

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Rhode Island R.I. Gen. Laws. Ann. § 12-21-18 Payment of fine liquidated by labor

Whenever a fine payable in whole or in part, to any city, town, or society, or to any person as complainant, shall have been liquidated by the labor of the

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person fined, or paid by him or her at any jail in the state, the general treasurer shall, upon the proper order of the state controller, pay to the city, town, society or person so much of the amount of the fine so liquidated or paid, as the city, town, society, or person may be entitled to, which order of the state controller shall be by him or her drawn on his or her receiving a proper return or certificate from the clerk of the court in which the fine was imposed, together with a proper return or certificate from the jailer.

Municipality/municipal agency

Complainant

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Rhode Island R.I. Gen. Laws. Ann. § 12-21-19 Payment of fines to general treasurer - accounting

Whenever a fine is recovered under any statute of this state, the whole of which may be due the Rhode Island Society for the Prevention of Cruelty to Animals, the

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Children's Friend and Service, or to any other society, or the one-half ( ½ ) of which may be due the state or any society, or to any person, as complainant, the whole of the fine shall be accounted for with the state controller and paid to the general treasurer. The fine due any society, or the one-half ( ½ ) fine due any society, or to any person, as complainant, shall be paid by the general treasurer upon order of the state controller and the state controller shall draw his or her order whenever he or she shall receive a proper return or certificate from the clerk of the court in which the fine was imposed.

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Rhode Island R.I. Gen. Laws. Ann. § 8-15-11(b) Electronic filing and online payments

The collection of technology surcharges shall be monitored and supervised by the judiciary's director of finance and shall be deposited into a restricted receipt account designated as “Rhode Island judiciary

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technology surcharge account,” the proceeds of which shall be solely for use by the judiciary in support of its technology infrastructure and case management system. On or before January 15, 2015, and annually thereafter on or before January 15, the judiciary's director of finance shall file a report with the governor, the speaker of the house, and the president of the senate detailing: (1) The total amount of funds collected and deposited into the judiciary technology surcharge account for the most recently completed fiscal year; (2) The fund balance as of the date of the report; (3) An itemization of all expenditures and other uses of said funds from said account for the most recently completed fiscal year; and (4) An annual evaluation as to the appropriateness of the amount of the technology surcharge or fee.

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Rhode Island R.I. Gen. Laws. Ann. § 12-25-29 Use of funds to inform victims of their rights

There is appropriated to the annual budget of the administrative office of the state courts fifteen percent (15%) of the fund collected annually under § 12-25-28, not to exceed one

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hundred fifty thousand dollars ($150,000), to be used at the direction of the chief justice of the supreme court for the purpose of informing the victims of crime of their rights established by chapter 28 of this title and assisting victims in the exercise of these rights. In addition, the treasurer and administrator shall seek to inform victims of violent crime of this chapter using every available means at their disposal.

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Rhode Island R.I. Gen. Laws. Ann. § 12-25-30 Deposit of funds

All moneys assessed pursuant to § 12-25-28 as costs against defendants as provided in this chapter shall be paid by the clerks of the family, district and superior courts to

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the treasurer, who shall keep the funds in the violent crimes indemnity account. Funds received by the treasurer in excess of thirty thousand dollars ($30,000) shall be made available and distributed within thirty (30) days of receipt in accordance with the provisions of this chapter.

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Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Rhode Island $0 Child nudity prohibited in publications $15,000
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Rhode Island $0 Child pornography prohibited $5,000
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Rhode Island $0 Child pornography prohibited $5,000
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Rhode Island $0 Contributing to delinquency $500
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Rhode Island $0 Cruelty to or neglect of child $1,000
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Rhode Island $0 Child abuse - Brendan's Law $10,000
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Rhode Island $0 Child abuse - Brendan's Law $5,000
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Rhode Island $0 Child abuse - Brendan's Law $10,000
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Rhode Island $0 Penalty for loitering on curfew street $5
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Rhode Island $0 Cigarette and tobacco vending machines $500
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Rhode Island R.I. Gen. Laws. Ann. § 8-2-15 Superior court

The superior court shall have original jurisdiction of all crimes, offenses, and misdemeanors, except as otherwise provided by law, and shall sentence all persons found guilty before it to the

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punishment prescribed by law. All indictments found by grand juries shall be returned into the court.

Jurisdiction of the courts
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Rhode Island R.I. Gen. Laws. Ann. § 8-8-3 District court: Jurisdiction

(a) The district court shall have exclusive original jurisdiction of: (1) All civil actions at law, but not causes in equity or those following the course of equity except as

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provided in § 8-8-3.1 and chapter 8.1 of this title, wherein the amount in controversy does not exceed five thousand dollars ($5,000); (2) All actions between landlords and tenants pursuant to chapter 18 of title 34 and all other actions for possession of premises and estates notwithstanding the provisions of subsection (c) of this section; (3) All actions of replevin where the goods and chattels to be replevied are of the value of five thousand dollars ($5,000) or less; (4) All violations of minimum housing standards whether established by chapter 24.3 of title 45 or by any municipal ordinance, rule, or regulation passed pursuant to the authority granted either by chapter 24.2 of title 45 or by special act of the general assembly governing minimum housing standards; except that in the event the city of Providence or town of North Providence shall by ordinance create a court for the purpose of exercising jurisdiction over violations of minimum housing standards, Providence Municipal Zoning Code and the Rhode Island State Building Code, chapter 27.3 of title 23, concerning properties which are not owned by the state, upon enactment of the ordinance, that court shall have exclusive original jurisdiction of violations of the above listed codes and standards as defined herein occurring within the city of Providence or the town of North Providence, and the district court shall be without jurisdiction over those actions; (5) All suits and complaints for offenses against the bylaws, ordinances, and regulations of cities and towns whether passed by the cities or towns or under the law by the properly constituted authorities thereof; (6) All other actions, proceedings, and matters of whatever nature which are or shall be declared to be within the jurisdiction of the court by the laws of the state.

(b) The district court shall also have any special jurisdiction which is or may be conferred by charter or law upon justices of the peace if no special court exists or is created by charter or law for that purpose.

(c) The district court shall have concurrent original jurisdiction with the superior court of all civil actions at law wherein the amount in controversy exceeds the sum of five thousand dollars ($5,000) and does not exceed ten thousand dollars ($10,000); Provided, however, that in any such action, any one or more defendants may in the answer to the complaint demand removal of the action to the superior court, in which event the action shall proceed as if it had been filed originally in the superior court.

(d) The district court shall have special jurisdiction to grant relief as set forth under § 15-15-4(b)(1).

Jurisdiction of the courts
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Rhode Island R.I. Gen. Laws. Ann. § 8-8.2-2 Rhode Island Traffic Tribunal

(a) Notwithstanding any inconsistent provision of law, all probationary license hearings as provided in § 31-10-26, all violations of the department of transportation, department of environmental management or board of governors

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for higher education regulations regarding parking, standing, or stopping in areas under the jurisdiction of said agencies, all violations of state statutes relating to motor vehicles, littering and traffic offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the United States, and except driving so as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving while under the influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety as provided in § 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an accident in violation of § 31-26-1 and § 31-26-2, and driving without the consent of the owner and possession of a stolen motor vehicle in violation of § 31-9-1 and § 31-9-2, shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief magistrate of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing or stopping violations which occur in any city or town which has established its own municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter 1 of title 14.

(b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief magistrate of the traffic tribunal, all violations of any ordinances, rules and regulations governing the public waters and the speed, management and control of all vessels and the size, type and location and use of all anchorages and moorings within the jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms traffic violations and traffic infraction when used in this chapter shall include the aforesaid violations and such violations shall be adjudicated in accordance with the provisions of this chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal management council under the provisions of chapter 23 of title 46.

(c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief magistrate of the Rhode Island traffic tribunal, all civil violations for §§ 20-1-12, 20-11-20, 20-16-17, 23-22.5-9, 32-2-4, subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) and subsection 46-22-19(1) as set forth in § 42-17.10-1.

(d) A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled to a review of the order by a judge of the district court. Unless otherwise provided in the rules of procedure of the district court, such review shall be on the record and appellate in nature. The district court shall by rules of procedure establish procedures for review of an order entered by the appeals panel of the traffic tribunal.

(e) Violations of any statute, rule, ordinance or regulation referenced in this section are subject to fines enumerated in § 31-41.1-4, except for violations of subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv).

Jurisdiction of the courts
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-4 Jurisdiction of district and superior courts

All fines, penalties, and forfeitures, whether of money or property, of five hundred dollars ($500) and under or of the value of five hundred dollars ($500) and under, shall be

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prosecuted before a district court; if upwards of five hundred dollars ($500) in amount or value, before the superior court, unless otherwise specially provided.

Jurisdiction of the courts
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Rhode Island R.I. Gen. Laws. Ann. § 12-21-4  Jurisdiction of district and superior courts

All fines, penalties, and forfeitures, whether of money or property, of five hundred dollars ($500) and under or of the value of five hundred dollars ($500) and under, shall be

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prosecuted before a district court; if upwards of five hundred dollars ($500) in amount or value, before the superior court, unless otherwise specially provided.

Jurisdiction of the courts
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Rhode Island R.I. Gen. Laws. Ann. § 8-1-2 Supreme court jurisdiction

The supreme court shall have general supervision of all courts of inferior jurisdiction to correct and prevent errors and abuses therein when no other remedy is expressly provided; it may

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issue writs of habeas corpus, of error, certiorari, mandamus, prohibition, quo warranto and all other extraordinary and prerogative writs and processes necessary for the furtherance of justice and the due administration of the law; it may entertain informations in the nature of quo warranto and petitions in equity to determine title to any office; it shall have jurisdiction of petitions for trials and new trials, as provided by law, of bills of exceptions, appeals and certifications to the supreme court, and special cases in which parties having adversary interests concur in stating questions for the opinion of the court as provided by law; and it shall by general or special rules regulate the admission of attorneys to practice in all the courts of the state.

Jurisdiction of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Rhode Island State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
The court must give defendant an ability to pay hearing before enforcing criminal justice debt.
This Court held that before a body execution may be issued against a defendant who is a judgment debtor, the defendant must be given a hearing to determine ability to
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pay. Landrigan v. McElroy, 457 A.2d 1056, 1062 (R.I.1983). At such a hearing it is the defendant's obligation to demonstrate an inability to pay the judgment by a preponderance of the evidence. Id. In addition, with regard to a defendant's inability to pay court fees, this Court has held that “[i]n every instance the burden of proving indigence in relation to the payment of the required filing fee or other element of cost is upon the party seeking such relief.” Silvestro v. Almonte, 484 A.2d 900, 903 (R.I.1984). In our opinion, the hearing justice did not err when he required LaRoche to satisfy the court that he made sufficient bona fide efforts to payrestitution. State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
Ability to pay
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Rhode Island R.I.A.G. Op. No. 92-01-02 (Jan. 23, 1992) Rhode Island-Attorney General opinion What authority do county or municipal courts have to set fines or fees? They are limited by state statutes
Accordingly, it is my opinion that sheriffs, deputy sheriffs, town sheriffs and constables are required to charge the statutory rates set forth in the amendment. There is no provision allowing
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these individuals to charge either a lesser or greater rate. See also, R.I.Gen.Laws § 45–16–4.3 which requires constables to “serve or execute all writs and process ... at such fees as authorized to sheriffs and deputy sheriffs”.
Fines and fees