Testimony in Support of SB2776 - Reasonable Bail for Alleged Probation Violators
Senate Committee on Judiciary
April 2, 2024
Hector G. Perez-Aponte, Policy Analyst, the Economic Progress Institute
The Economic Progress Institute strongly supports Senator Kallman’s SB 2776, which would make the bail process more reasonable and more just for individuals on probation. This legislation would end the practice of holding individuals for up to 10 days (excluding weekends) without any hearing or opportunity to post bail, which is arguably a violation of constitutionally protected due process rights. Not only does the statute permit the state to hold people without an opportunity for bail, a study in 2015 found that, in practice, people are actually held for an average of 31 days while awaiting their violation hearings, and that alleged probation violators are 37% of all pretrial admissions to the ACI.
SB2776 would also make our criminal justice system more equitable. Rhode Island’s Black communities disproportionately bear the burden of this policy; Black men represent only 1 in 20 of the state’s population but represent 1 in 6 of those on probation. Individuals in poverty unnecessarily suffer even more by being held without opportunity for bail. Being locked up for what might be a minor concern can result in someone losing their job or housing, making the cycle of poverty even more difficult to escape. Our justice system already makes it very expensive to be poor. By enacting SB2776, we would be doing something to make Rhode Island more equitable and poverty a little less expensive and potentially less devastating for those with alleged probation violations. We strongly urge passage of this legislation.
The Economic Progress Institute also supports passage of Senator Quezada’s SB2177, which would provide for the release of misdemeanor arrestees without financial conditions, except for cases of domestic violence, flight risk, or risk of obstruction of justice, and Senator Kallman’s SB2228, which would permit incarcerated individuals to petition the sentencing court to consider a motion to reduce a sentence after the defendant has served at least 10 years of the sentence.