Bail on 32: Community marches for due process in Rhode Island
"We are marching to demand that Rhode Island pass Bail on 32 and finally bring due process to everyone — no exceptions.”
President Trump has been rightly criticized for violating the basic human and constitutional rights of due process; however, Rhode Island law has significant due process loopholes. For instance, being on probation means not having the right to seek bail ahead of a hearing in the event of an arrest. The system is also racially biased. In Rhode Island, Black men are sentenced to probation at more than three times the rate of the general population.
On Tuesday, community members, advocates, and directly impacted individuals gathered at First Baptist Church in Providence to march in support of Bail on 32 (H6041/S0733), a legislative proposal that would reform the way courts handle alleged probation violations. The bill ensures that individuals accused of violating probation are not held without bail unless there is clear evidence of imminent public safety risk or a likelihood of willful flight.
“Pretrial incarceration based solely on probation status is a violation of our rights and our humanity. We are marching to demand that Rhode Island pass Bail on 32 and finally bring due process to everyone — no exceptions.” - Melonie Perez, Staff Organizer at Direct Action for Rights and Equality (DARE).
Key provisions of the bills include:
The presumption of release on personal recognizance for alleged probation violations;
judicial discretion to set bail or hold without bail only when specific criteria are met; and,
a requirement for judges to state reasons on the record for any detention decision, including consideration of public safety and flight risk factors.
The bill brings transparency and fairness to probation violation hearings, restoring due process protections to some of Rhode Island’s most vulnerable residents.
Organized by DARE, the march, from First Baptist Church to the Superior Courthouse, and then to the Rhode Island State House, highlighted the urgent need to end the unjust pretrial detention of individuals who have not been convicted of a crime, but are incarcerated solely because they are on probation, and called on lawmakers to act now to uphold the fundamental constitutional rights of all Rhode Islanders.
