Bill Sponsors
Senator Matthew L. LaMountain
Committee
Senate Judiciary
Summary
Select
This legislation amends the Domestic Violence Prevention Act to change how batterers intervention programs are funded and structured. It removes the mandate that offenders must pay for these programs entirely at their own expense. Instead, it authorizes the state public safety grant administration office to provide grants to cover costs for indigent offenders. Additionally, the bill changes the program duration requirement from a mandatory forty hours to a flexible guideline based on evidence-informed practices. It also allows programs to accept community restitution or deferred payments in lieu of immediate fees.
Sponsor
Analysis
Pros for Progressives
- Eliminates financial barriers to rehabilitation for indigent defendants, ensuring that poverty does not prevent access to necessary behavioral intervention programs.
- Shifts the focus of intervention programs from arbitrary statutory time limits to evidence-informed practices, potentially increasing the effectiveness of the treatment.
- Strengthens the social safety net by authorizing state grants to support community-based providers, ensuring resources are available to help reduce domestic violence recidivism.
Cons for Progressives
- Changing the program duration from a mandatory minimum of forty hours to a discretionary "may" could theoretically lead to shorter, less intensive interventions that are less effective.
- Allocating public funds to programs for perpetrators of violence might be viewed by some as diverting limited resources that could otherwise directly support victims and survivors.
- The discretionary language ("may require") regarding fees could lead to inconsistent application of payment rules across different jurisdictions or program providers.
Pros for Conservatives
- Includes provisions for community restitution, allowing offenders to "work off" their fees through service rather than receiving a completely free benefit.
- May improve public safety by ensuring that financial inability does not prevent an offender from completing a court-ordered program designed to stop violent behavior.
- Maintains oversight by requiring the batterers intervention standards oversight committee to make recommendations on how grant funds are distributed.
Cons for Conservatives
- Shifts the financial burden of rehabilitation from the criminal offender to the taxpayer by creating a mechanism for state-funded grants for these programs.
- Removes the strict mandatory minimum of forty contact hours, which could be perceived as softening the sentencing requirements for domestic violence offenders.
- Expands government bureaucracy and spending by involving the state public safety grant administration office in the funding and management of these programs.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Domestic violence offenders
- Indigent defendants
- Batterers intervention program providers
- Rhode Island Coalition Against Domestic Violence
- Taxpayers
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Sections 12-29-5 and 12-29-5.2 of the General Laws in Chapter 12-29 entitled "Domestic Violence Prevention Act" are hereby amended to read as follows:
12-29-5. Disposition of domestic violence cases.
(a) Every person convicted of, or placed on probation for, a crime involving domestic violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to attend, at his or her own expense, a batterer’s intervention program appropriate to address his or her violent behavior; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans’ Administration. This order shall be included in the conditions of probation. Failure of the defendant to comply with the order shall be a basis for violating probation and/or the provisions of § 12-10- 12. This provision shall not be suspended or waived by the court.
(b) Every person convicted of, or placed on probation for, a crime involving domestic violence as enumerated in § 12-29-2, or whose case is filed pursuant to § 12-10-12 where the defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed, shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.
(c)(1) Every person convicted of an offense punishable as a misdemeanor involving domestic violence as defined in § 12-29-2 shall:
(i) For a second violation, be imprisoned for a term of not less than ten (10) days and not more than one year.
(ii) For a third and subsequent violation, be deemed guilty of a felony and be imprisoned for a term of not less than one year and not more than ten (10) years.
(2) No jail sentence provided for under this section can be suspended.
(3) Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing.
(d) The court shall determine, for every person who pleads nolo contendere to, or is convicted of, an offense involving domestic violence as enumerated in § 12-29-2, whether, as a result of the plea or conviction, the defendant is prohibited under § 11-47-5(a)(3) or § 11-47- 5(a)(4) from purchasing, owning, carrying, transporting, or having in his or her possession any firearm.
(1) Prior to the entry of a plea of nolo contendere to an offense involving domestic violence as enumerated in § 12-29-2, the court shall advise the defendant that a plea of nolo contendere has the same legal effect and collateral consequences as a plea of guilty.
(2) Prior to the entry of a plea of nolo contendere to an offense punishable as a felony involving domestic violence as enumerated in § 12-29-2, or an offense enumerated in § 11-47- 5(a)(4), the court shall advise the defendant that, in addition to any other sentence or penalty, the defendant shall, as result of the plea, be prohibited from purchasing, owning, carrying, transporting, or having in their possession any firearm under § 11-47-5.
(3) The person required to surrender his or her firearms pursuant to this section shall not be responsible for any costs of storage of any firearms surrendered pursuant to this section.
(e) For the purposes of this section, “batterers intervention program” means a program that is certified by the batterers intervention program standards oversight committee according to minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.
(f) For purposes of this section, “servicemember” means a person who is presently serving in the armed forces of the United States, including the Coast Guard, a reserve component thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, including the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has been discharged under other than dishonorable conditions.
(g) The court shall indicate on every record of conviction or a plea of nolo contendere for an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the LC004001 - Page 2 of 5 defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying, transporting, or having in their possession, any firearm(s). The court shall inform the defendant of their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership, possession, care, custody or control in accordance with § 11-47-5.3.
(h) The court shall indicate on every record of conviction or a plea of nolo contendere for an offense enumerated in § 11-47-5(a)(4) that the defendant is prohibited under §§ 11-47-5 and 11-47-5.4 from purchasing, owning, carrying, transporting, or having in their possession, any firearm(s). The court shall inform the defendant of their prohibited status, shall order the defendant to surrender any firearm(s) in their ownership, possession, care, custody or control, and shall ensure that surrender is made in accordance with § 11-47-5.4.
(i) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to this section.
(j) Any firearm(s) used in the commission of the offense leading to the conviction pursuant to this section shall be forfeited to the state upon conviction.
12-29-5.2. Duties and responsibilities of committee.
(a) The committee shall have the duties and responsibilities to:
(1) Establish and promulgate minimum standards for batterers intervention programs serving persons mandated pursuant to § 12-29-5; revise the standards as is deemed necessary; ensure the standards comport with evidence-informed practices designed to reduce risk; and make the standards available to the public, provided that the standards shall include, but not be limited to, the following:
(i) Batterers intervention programs shall be conducted using evidence-informed programming and dosage levels designed to reduce the risk of future violent behavior;
(ii) The duration of batterers intervention programsshall may be a minimum of forty (40) contact hours over the course of twenty (20) weeks;
(iii) Batterers intervention programsshall may require that all mandated batterers pay fees for the programs in accordance with the provisions of § 12-29-5; provided, that programs shall accommodate varying levels of ability to pay by means of sliding-fee scales and may elect to offer alternatives to payment in the form of community restitution and/or deferred payment for a portion of the fees; and
(iv) Provisions shall be established defining the circumstances under which defendants who have attended a batterers program while incarcerated, and/or a batterers program in another jurisdiction that is certified under that jurisdiction’s standards or not subject to standards in that jurisdiction, may request that their documented participation in such program be accepted in LC004001 - Page 3 of 5 satisfaction of some portion of their obligation to attendforty (40) hours of a certified batterers intervention program as described in subsection (a)(1)(ii).
(2) Monitor and review batterers intervention programs seeking certification with respect to compliance with the standards, including periodic, on-site review;
(3) Certify those batterers intervention programs that are in compliance with the standards established pursuant to subsection (a)(1); and
(4) Investigate and decide appeals, complaints, requests for variances, and post-enrollment certification applications.
(b) For purposes of this chapter, “post-enrollment certification applications” means those applications made to the committee by a batterer mandated to attend a certified batterers intervention program in accordance with § 12-29-5 who has, prior to adjudication, enrolled in a program not certified by the committee. The application shall include supporting documentation from the batterers intervention program and a request that participation in the batterers intervention program be accepted in lieu of the equivalent number of hours of a certified batterers intervention program. The committee shall act upon a post-enrollment certification application within thirty (30) days of receipt of the application.
(c) The state public safety grant administration office may provide grants to provide for the access to, and expansion and improvement of, community-based batterers intervention programs. The batterers intervention standards oversight committee shall make recommendations to the public safety grant administration policy board regarding the distribution of funds in the form of grants to programs to cover the costs of delivering quality services to indigent offenders, and to assist community providers and their staffs to utilize outcome-based best practices and effective programming methods.
SECTION 2. This act shall take effect upon passage.
12-29-5. Disposition of domestic violence cases.
(a) Every person convicted of, or placed on probation for, a crime involving domestic violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to attend
(b) Every person convicted of, or placed on probation for, a crime involving domestic violence as enumerated in § 12-29-2, or whose case is filed pursuant to § 12-10-12 where the defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed, shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.
(c)(1) Every person convicted of an offense punishable as a misdemeanor involving domestic violence as defined in § 12-29-2 shall:
(i) For a second violation, be imprisoned for a term of not less than ten (10) days and not more than one year.
(ii) For a third and subsequent violation, be deemed guilty of a felony and be imprisoned for a term of not less than one year and not more than ten (10) years.
(2) No jail sentence provided for under this section can be suspended.
(3) Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing.
(d) The court shall determine, for every person who pleads nolo contendere to, or is convicted of, an offense involving domestic violence as enumerated in § 12-29-2, whether, as a result of the plea or conviction, the defendant is prohibited under § 11-47-5(a)(3) or § 11-47- 5(a)(4) from purchasing, owning, carrying, transporting, or having in his or her possession any firearm.
(1) Prior to the entry of a plea of nolo contendere to an offense involving domestic violence as enumerated in § 12-29-2, the court shall advise the defendant that a plea of nolo contendere has the same legal effect and collateral consequences as a plea of guilty.
(2) Prior to the entry of a plea of nolo contendere to an offense punishable as a felony involving domestic violence as enumerated in § 12-29-2, or an offense enumerated in § 11-47- 5(a)(4), the court shall advise the defendant that, in addition to any other sentence or penalty, the defendant shall, as result of the plea, be prohibited from purchasing, owning, carrying, transporting, or having in their possession any firearm under § 11-47-5.
(3) The person required to surrender his or her firearms pursuant to this section shall not be responsible for any costs of storage of any firearms surrendered pursuant to this section.
(e) For the purposes of this section, “batterers intervention program” means a program that is certified by the batterers intervention program standards oversight committee according to minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.
(f) For purposes of this section, “servicemember” means a person who is presently serving in the armed forces of the United States, including the Coast Guard, a reserve component thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, including the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has been discharged under other than dishonorable conditions.
(g) The court shall indicate on every record of conviction or a plea of nolo contendere for an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the LC004001 - Page 2 of 5 defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying, transporting, or having in their possession, any firearm(s). The court shall inform the defendant of their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership, possession, care, custody or control in accordance with § 11-47-5.3.
(h) The court shall indicate on every record of conviction or a plea of nolo contendere for an offense enumerated in § 11-47-5(a)(4) that the defendant is prohibited under §§ 11-47-5 and 11-47-5.4 from purchasing, owning, carrying, transporting, or having in their possession, any firearm(s). The court shall inform the defendant of their prohibited status, shall order the defendant to surrender any firearm(s) in their ownership, possession, care, custody or control, and shall ensure that surrender is made in accordance with § 11-47-5.4.
(i) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to this section.
(j) Any firearm(s) used in the commission of the offense leading to the conviction pursuant to this section shall be forfeited to the state upon conviction.
12-29-5.2. Duties and responsibilities of committee.
(a) The committee shall have the duties and responsibilities to:
(1) Establish and promulgate minimum standards for batterers intervention programs serving persons mandated pursuant to § 12-29-5; revise the standards as is deemed necessary; ensure the standards comport with evidence-informed practices designed to reduce risk; and make the standards available to the public, provided that the standards shall include, but not be limited to, the following:
(i) Batterers intervention programs shall be conducted using evidence-informed programming and dosage levels designed to reduce the risk of future violent behavior;
(ii) The duration of batterers intervention programs
(iii) Batterers intervention programs
(iv) Provisions shall be established defining the circumstances under which defendants who have attended a batterers program while incarcerated, and/or a batterers program in another jurisdiction that is certified under that jurisdiction’s standards or not subject to standards in that jurisdiction, may request that their documented participation in such program be accepted in LC004001 - Page 3 of 5 satisfaction of some portion of their obligation to attend
(2) Monitor and review batterers intervention programs seeking certification with respect to compliance with the standards, including periodic, on-site review;
(3) Certify those batterers intervention programs that are in compliance with the standards established pursuant to subsection (a)(1); and
(4) Investigate and decide appeals, complaints, requests for variances, and post-enrollment certification applications.
(b) For purposes of this chapter, “post-enrollment certification applications” means those applications made to the committee by a batterer mandated to attend a certified batterers intervention program in accordance with § 12-29-5 who has, prior to adjudication, enrolled in a program not certified by the committee. The application shall include supporting documentation from the batterers intervention program and a request that participation in the batterers intervention program be accepted in lieu of the equivalent number of hours of a certified batterers intervention program. The committee shall act upon a post-enrollment certification application within thirty (30) days of receipt of the application.
(c) The state public safety grant administration office may provide grants to provide for the access to, and expansion and improvement of, community-based batterers intervention programs. The batterers intervention standards oversight committee shall make recommendations to the public safety grant administration policy board regarding the distribution of funds in the form of grants to programs to cover the costs of delivering quality services to indigent offenders, and to assist community providers and their staffs to utilize outcome-based best practices and effective programming methods.
SECTION 2. This act shall take effect upon passage.