Rhode Island

Time to take next step in making RI’s bail system more fair | Opinion

Published

8 months ago

April 6, 2025

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Time to take next step in making RI’s bail system more fair | Opinion

Michael A. DiLauro
| Guest columnist

A Rhode Island bail bondsman attempted to charge a defendant’s family an illegal nonrefundable fee instead of posting the required bail money.
Rhode Island’s bail system disproportionately impacts low-income individuals who often rely on bondsmen and lose money even when charges are dropped.
While Rhode Island has made progress in reforming court costs, a comprehensive review of the bail system is necessary to address its inherent flaws.

Katie Mulvaney’s article “Well-known bondsman is rebuked by RI judge” (News, Feb. 7) may have been shocking to many, but it was no surprise to those who work in the criminal justice system.

The facts of this case are troubling. Rather than post the bail money he collected from the defendant’s family ‒ which would be returned to them after the defendant appeared in court and the case was closed ‒ the bondsman attempted to pocket a portion of it as a nonrefundable fee.

And while no criminal wrongdoing has been reported thus far (indeed, the quasi-judicial officer caught up in this unfortunate incident, attorney/bail commissioner Frank Saccocia, appears to have acted appropriately by promptly reporting the incident), a serious violation of court rules appears to have taken place.

By way of background, both bail commissioners and bondsmen fill essential roles in our criminal justice system. The former serve as quasi-judicial officers, appointed by the chief judge of the District Court. They are empowered to set personal recognizance or security bail, or, in more serious matters, hold a defendant without bail until the next court day. This is done during non-business hours at the police station in a proceeding referred to as a “special arraignment.” The latter ‒ the bondsmen ‒ are private business entities who, for a nonrefundable fee, post property to ensure a defendant’s release. (This bondsmen arrangement is different from the situation where a defendant or their family posts the full value of the bail themselves.)

Thus, the cost of bail falls hardest upon those least able to bear it: the indigent and poor. Those unable to post bail without the assistance of a bondsman are forced to pay money that will never be recovered ‒ a system that is inconsistent with the idea of the presumption of innocence. Indeed, studies show that monetary conditions of bail often lead to a wealth-based detention gap, with the poor suffering additional collateral consequences ‒ such as the loss of housing, employment and education ‒ as they linger in detention facilities.

The pervasive infiltration of money in our criminal justice system invites abuse, leading to situations like the one discussed in Ms. Mulvaney’s article. For example, even when a defendant can post the full amount of bail at a special arraignment, they still must remit a nonrefundable fee. Requiring a defendant to pay an extra fee for judicial services and due process is, at best, unseemly and, at worst, unfair.

Rhode Island “bail law” is composed of an interrelated mesh of state constitutional provisions, statutes, and court decisions and rules. Compared to other states, Rhode Island’s laws certainly have some redeeming qualities. For example, release on personal recognizance ‒ a practice that is consistent with the presumption of innocence ‒ is favored in most cases, especially the less serious ones. Moreover, the courts’ websites contain forms that require judges to explain why personal recognizance is not appropriate before setting monetary conditions of bail; although it appears that this obligation is most often honored in the breach.

Over the last several years, the General Assembly and judiciary have made tremendous progress in reforming the court cost system. The days when people were detained for failure to pay such costs are, thankfully, over. More recently, the courts have improved the ways that restitution is collected and the system is now more efficient.

Therefore, the time is ripe to take the next step: a comprehensive evaluation of our bail system.

Each year dozens of bills are considered by the General Assembly on this topic. A special task force, composed of a variety of criminal justice stakeholders, should be formed to study and make recommendations for improvements to a system that ‒ while at times good ‒ could certainly be made better.

Michael A. DiLauro is owner and manager of The Just Criminal Justice Group.

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Rhode Island

RI school superintendent resigns amid antisemitic hazing investigation

Published

5 hours ago

December 13, 2025

Press Room

RI school superintendent resigns amid antisemitic hazing investigation

A Rhode Island school superintendent has resigned amid an investigation into alleged antisemitic hazing in the district, NBC affiliate WJAR-TV reports.

Smithfield Superintendent Dr. Dawn Bartz announced her resignation in a letter addressed to the school community. Bartz has been on leave since November after a report of hazing at Smithfield High School.

The Jewish Alliance of Rhode Island said five high school football players locked a freshman student in a bathroom, sprayed Lysol at the student and yelled antisemitic slurs.

In her resignation letter, Bartz focused on her successes surrounding academic outcomes, special education and STEM opportunities and other positives for the district, and thanked the community.

“As Smithfield moves forward, I am confident the district will continue to build on this progress
and momentum. I wish all our students, staff, and families continued success in the years ahead,” she wrote.

The letter did not specify a reason for the resignation.

WJAR-TV first reported on the situation on October, when the Bartz released a statement on its investigation.

“The investigation confirmed inappropriate conduct among a small number of students,” Superintendent Dawn Bartz said in a provided statement. “Disciplinary action has been taken in accordance with district policy, and several student-athletes will not participate for the remainder of the season.”

The statement went on to say that there would be mandated training and education in response. However, the involved players were back at practice, which didn’t sit well with the victim’s family. His parents said his son walked into practice and found himself face-to-face with his alleged assailants.

Five football players were initially removed from the team for the remainder of the season but were later reinstated. When asked about the reversal in October, Bartz issued a one-sentence statement saying, “The disciplinary process has concluded and we will not be discussing details involving students.”

Smithfield Town Council President John Tassoni said the situation has deeply divided the community.

“It’s a long time coming,” Tassoni said of Bartz’s resignation. “A lot of people are angry about what happened. A lot of people don’t know the truth of what happened, nor do I.”

An investigation is underway by the school committee’s attorney and a report is expected to be delivered to the school committee sometime next year, Tassoni added. However, some people have concerns about transparency and have floated the possibility of hiring an independent investigator.

The Jewish Alliance of Greater Rhode Island said they want the focus to be on student safety.

“While we can’t speculate on the specific reasons behind the superintendent’s decision to resign, we remain focused on what matters most: that Smithfield schools become a place where Jewish students and all students feel safe, valued, and protected from bias and harassment,” President and CEO Adam Greenman wrote in an email.

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Rhode Island

Prosecutors in Rhode Island drop charge against former Bay View athletic director

Published

17 hours ago

December 12, 2025

Press Room

Prosecutors in Rhode Island drop charge against former Bay View athletic director

Prosecutors in Rhode Island dropped a fugitive from justice charge against a former Catholic school athletic director.

John Sung was arrested in East Providence last month. He was wanted in Florida for a non-violent felony.

After his arrest, he was fired from his position at St. Mary Academy Bay View in Riverside.

Broward County court records show Sung was taken into custody last week. He posted bond.

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Rhode Island

The top returning girls wrestlers? Here are 10 to watch this season

Published

1 day ago

December 12, 2025

Press Room

The top returning girls wrestlers? Here are 10 to watch this season

Girls wrestling took off last winter in its second year of state championships.

Exactly 50 participants, across a dozen weight classes, competed in the March extravaganza at the Providence Career and Technical Academy. Each weight class was contested, unlike the first year of the tournaments, and new title winners were crowned.

Pilgrim’s Allison Patten was named Most Outstanding Wrestler for her win at 107. The Patriots’ star also finished runner-up at the New England Championships and is among this year’s returnees. But who else should we be keeping an eye on this winter?

Here are 10 standouts who we think might shine this year.

Enjoy!

Athletes listed in alphabetical order.

Yasmin Bido, Hope

Senior

Bido snagged her first individual crown with a 16-0 decision at 152 pounds. The Blue Wave grappler also finished runner-up at 165 in Year 1 of the tournament.

Irie Byers, North Kingstown

Sophomore

Byers stormed onto the scene with a title in her first year on the mat. She captured the 120-pound championship with an 11-1 win in the finals. The Skipper returnee is one of a few wrestlers who could repeat.

Jolene Cole, Scituate

Sophomore

Cole helped Scituate to the team title in the first year that the award was handed out. Scituate is a bit of a girls wrestling factory, and Cole added to that lineage with her pin at 114 pounds.

Alei Fautua, North Providence

Sophomore

Fautua breezed to the title at 235 pounds with a pin in just 25 seconds. She led the Cougars to a runner-up finish as a team as Scituate edged the Cougars by just seven points. Fautua then finished fourth at the New England championships.

Kamie Hawkins, Exeter-West Greenwich

Junior

This year is all about redemption for Hawkins. She was one of the first state champions and came back last year looking to defend her 120-pound title. It wasn’t meant to be, but make no mistake, Hawkins is one of the state’s best.

Abigail Otte, Exeter-West Greenwich

Junior

Otte was a repeat champion at 138 pounds as she seized the title with a pin in 24 seconds. It’s likely a safe bet that Otte might capture her third crown in three years.

Allison Patten, Pilgrim

Junior

A repeat season isn’t out of the question for Patten. She won the 107 pound title with a pin in 49 seconds. What’s next for the junior? End the season with a New England title, too.

Chloe Ross, Scituate

Sophomore

It was quite the debut for Ross. The state crown was a breeze as the freshman won via pin in 1:16. But then came the New England tournament where the Spartan star snagged second place. Might there be a different ending to her season this year?

Meili Shao, La Salle

Senior

Shao was one of the first wrestling champions when she captured the 132 title two seasons ago. A repeat crown wasn’t in the cards as she finished runner-up in the class. But the Ram has returned and could be out to avenge last year’s finish.