Rule 32 - Sentence and judgment(a) Sentence.(1) Imposition of Sentence. Sentence shall be imposed without unreasonable delay. A delay between finding of guilt and imposition of' sentence will not be deemed unreasonable if a defendant has not moved for imposition of sentence. Pending sentence the court may commit, the defendant or continue or alter the bail. Before imposing sentence the court shall afford counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask the defendant if the defendant wishes to make a statement in his or her own behalf and to present any information in mitigation of punishment. (2) Notification of Right to Appeal. After imposing sentence the court shall advise the defendant of his or her right to appeal to the Superior Court for a trial de novo. (b) Judgment. A judgment of conviction shall set forth the offense charged, the plea, and the adjudication and sentence. If the defendant is found not guilty or for any reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk. (c) Presentence Investigation.(1) When Made. The administrator of probation and parole, when directed to do so by the court, shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation. Unless the defendant consents, the report shall not be submitted to the court or its contents disclosed to anyone before the defendant has pleaded guilty or nob contendere or has been found guilty. (2) Report. The report of the presentence investigation shall contain any prior criminal record of the defendant and such information about the defendant's characteristics, the defendant's financial condition and the circumstances affecting the defendant's behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court. A copy of the report shall be furnished to the attorney for the State to aid him or her in making a recommendation to the court concerning the sentence to be imposed. The court before imposing sentence may disclose to the defendant or the defendant's counsel all or part of the material contained in the report of the presentence investigation and afford an opportunity to the defendant or the defendant's counsel to comment thereon. (d) Withdrawal of Plea. A motion to withdraw a plea of guilty or of nob contendere may be made only before sentence is imposed or probation is imposed or imposition of sentence is suspended. (e) Probation. Unless otherwise provided by law, the defendant may be placed on probation without sentence being imposed or may be placed on probation after execution of sentence has been suspended. (f) Revocation of Probation. The court shall not revoke probation or revoke a suspension of sentence or impose a sentence previously deferred except after a hearing at which the defendant shall be afforded the opportunity to be present and apprised of the grounds on which such action is proposed. The defendant may be admitted to bail pending such hearing. Prior to the hearing the State shall furnish the defendant and the court with a written statement specifying the grounds upon which action is sought under this subdivision. No revocation shall occur unless the State establishes by a fair preponderance of the evidence that the defendant breached a condition of his/her probation or deferred sentence or failed to keep the peace or remain on good behavior.R.I. Dist. R. Crim. P. 32
As amended by the court on 9/28/1988; 10/18/1990; further amended effective 11/21/2016.