R.I. Super. Ct. R. Crim. P. 32

As amended through June 7, 2024

Rule 32 - Sentence and Judgment.

(a)Sentence.

(1)Imposition of Sentence. Sentence shall be imposed without unreasonable delay. A delay between verdict 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 the defendant's attorney 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 the defendant's own behalf and to present any information in mitigation of punishment.

(2)Notification of Right to Appeal. After imposing sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of the defendant's right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to be represented on appeal by the Public Defender or to appeal in forma pauperis.

(b)Judgment. A judgment of conviction shall set forth the offense charged, the plea, the verdict or findings, 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 judicial officer and entered by the clerk.

(c)Presentence Investigation.

(1)When Made. In every case in which a sentence of imprisonment for more than one (1) year may be imposed, except where the prescribed punishment is a mandatory term of life imprisonment, the administrator of probation and parole shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation. In all other cases the administrator shall make a presentence investigation and render a report when directed to do so by the court. 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 nolo contendere or, if the defendant has proceeded to trial, before the defendant has been found guilty and all of the defendant's pending motions for a new trial have been denied.

(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 or deferring sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court.

(3)Disclosure. Before imposing sentence the court shall make the presentence report available to the Attorney General to aid the State's attorney in making a recommendation to the court concerning the sentence to be imposed. The court shall also make the report available for inspection to the attorney for the defendant, or to the defendant if the defendant is not represented by an attorney, and afford an opportunity to the defense to comment thereon. The court may withhold from the defendant or the defendant's attorney only those portions of the report that it finds:

(i) Contain diagnostic opinion which if revealed to the defendant may seriously disrupt a program of rehabilitation;

(ii) Identify sources of information which have been obtained on a promise of confidentiality; or

(iii) Would, if revealed to the defendant, seriously disrupt personal relationships, the maintenance of which are important to a program of rehabilitation.

If the court withholds any portion of a report, it shall apprise the parties of that fact and state the reasons why the court has not made the entire report available. The court shall then seal the entire report, indicating thereon the portions that were withheld, and order it preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.

(d)Withdrawal of Plea. A motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed or deferred or probation is imposed or imposition of sentence is suspended.

(e) Probation and Sentence. Unless otherwise provided by law, the defendant may be placed on probation or execution of sentence may be suspended or sentence may be deferred.

(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 the defendant's probation or deferred sentence or failed to keep the peace or remain on good behavior.

R.I. Super. Ct. R. Crim. P. 32

Amended effective 11/21/2016; last amended by Order dated June 22, 2017, effective 9/5/2017.

Committee Notes for 2016 Amendment. Prior to amending subsection 32(f), the state only was required to prove to the reasonable satisfaction of the hearing justice or magistrate that the defendant had violated his or her previously imposed probation. State v. Ferrara, 883 A.2d 1140, 1144 (R.I. 2005); Walker v. Langlois, 104 R.I. 274, 282, 243 A.2d 733, 737 (R.I. 1968). The 2016 amendment, by adding the last sentence to the subsection, increases that burden by requiring the state to prove the revocation allegation by a fair preponderance of the evidence. In addition, the amendment reflects and recites the Rhode Island Supreme Court's settled rule that revocation should not be determined by whether the defendant violated any offense which may form the basis of the violation allegation; rather, the '"sole purpose of a probation violation hearing is for the trial justice to determine whether the conditions of probation'-'[k]eeping the peace and remaining on good behavior-have been violated.'" State v. Hazard, 68 A.3d 479, 499 (R.I. 2013), citing State v. Gromkiewicz, 43 A.3d 45, 48 (R.I. 2012)) (quoting State v. Waite, 813 A.2d 982, 985 (R.I. 2003)). State v. Znosko, 755 A.2d 832, 835 (R.I. 2000) (holding that "the appropriate role of the hearing justice was to determine 'only whether in [the hearing justice's] discretion [the defendant's] conduct on the day in question had been lacking in the required good behavior expected and required by his probationary status'") (quoting State v. Godette, 741 A.2d 742, 745 (R.I. 2000)). It is the consensus of the committee that the amendment should operate prospectively from the time of its adoption, not retroactively.

1976 Notes

The proposed amendment to this rule would substantially alter subdivision (c) with respect to disclosing presentence reports to defendants. Under the existing rule the Attorney General is to receive a copy of the report and the court "may disclose ... all or part of the material contained" therein to the defendant or his counsel. The proposed change would require the court to make the report available to the defense except in three specific circumstances when it may withhold portions of the report. The three occasions when portions may be withheld are to protect confidential sources or where revelation to the defendant of a diagnostic opinion would seriously disrupt his rehabilitation or would impair personal relationships which are important to his rehabilitation. The proposed amendment further provides that when portions are withheld, the court must inform defendant of this fact and preserve the report, with notations of the portions withheld, for review by an appellate court in the event defendant challenges his sentence.

This proposal will bring Rule 32 into general conformity with Standard 4.4 of the ABA Minimum Standards Relating to Sentencing Alternatives and Procedures (approved draft 1968).

1972 Notes

This rule is patterned upon Federal Rule 32 and in essential detail is similar to existing Rhode Island practice.

Subdivisions (a) and (b) are the same as their federal counterparts with two additions. The second sentence of paragraph (1) of subdivision (a) has been added to make clear that a delay which may occur between the return of verdict and sentencing shall not be considered unreasonable under this rule if the defendant has not moved for imposition of sentence. See 2 Wright, Federal Practice and Procedure, pp. 385-89(1969). The second addition is in subdivision (b), requiring that a judgment of conviction set forth "the offense charged" as well as the other details specified in the federal rule. In addition, subdivision (a)(2) differs from the federal rule by omitting the requirement that the clerk prepare and file a notice of appeal upon request of a defendant.

Although paragraph (2) of subdivision (a) has no express parallel in the General Laws, the Fourteenth Amendment requires that an indigent defendant who wishes to appeal be provided with counsel and a transcript (Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956)), and that he not be compelled to pay filing fees as a condition to receiving appellate review (Burns v. Ohio, 360 U.S. 252, 79 S.Ct. 1164, 3 L.Ed.2d 1209 (1959)).

Although there are no directions in the General Laws governing the content of or entry of judgment in criminal cases, existing practice appears to accord with the requirements of subdivision (b) of this rule.

Subdivision (c)(1) differs from the federal rule by making it mandatory that a presentence report be rendered in all cases, other than death and mandatory life cases, in which the sentence can exceed one year imprisonment. This is in accord with G.L.1956 (1969 Reenactment), § 12-19-6. Cf. State v. Bradshaw, 101 R.I. 233, 242-43, 221 A.2d 815, 820 (1966). In addition, (c)(1) provides that in all other cases a presentence report shall be rendered if the court so orders. This paragraph differs from the federal rule in two additional respects: first, it expressly permits the presentence report to be submitted to the court prior to verdict or plea of guilty if the defendant consents; second, where the defendant has gone to trial and been found guilty, it prohibits the report from being disclosed without consent of the defendant until the court has disposed of all defendant's pending motions for new trial.

Subdivision (c)(2) differs from the federal rule by requiring that the attorney general be given a copy of any presentence report furnished to the court. This conforms to existing Rhode Island law. G.L.1956 (1969 Reenactment), § 12-19-6. Although this provision does not require the court to furnish the defendant or his counsel with the report, the court is authorized to make all or any part of it available. To assure the accuracy of the information relied upon in sentencing, the court may, whenever feasible, make the report available to defendant or his counsel. See State v. Kunz, 55 N.J. 128, 259 A.2d 895 (1969), (holding that as a matter of "rudimentary fairness" defendants in New Jersey are entitled to disclosure of presentence reports, with appropriate excisions to protect confidential sources or matters harmful to the defendant's rehabilitation, and to an opportunity to comment on prejudicial material contained therein prior to sentencing.) See also ABA, Standards Relating to Sentencing Alternatives and Procedures pp. 213-25 (approved Draft 1968).

Subdivision (f) does not modify the existing authority of the court to hold a defendant charged with violating the terms of his probation without bail pending receipt from the probation department of a report concerning the alleged violations. G.L.1956 (1969 Reenactment), § 12-19-9 (Supp.1970).