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Probation & Parole: Early Termination Rule 35(c)

ARE YOU INTERESTED IN ENDING YOUR PROBATION EARLY?
(See self-assessment below)

The Rhode Island Superior Court Rules were changed recently to allow someone serving probation in the community to seek approval from the Superior Court to end their probation early if several criteria are met. Rule 35(c) of the R.I. Superior Court Rules of Criminal Procedure contains the criteria and the process.

If you are interested in finding out if you might qualify to have your probation end early, please review the statements below as they will provide you with some guidance. To be eligible for a Certificate from the Department of Corrections, which you must receive from the Probation Unit before you can ask the Superior Court to end your probation early, all of the following statements below must be TRUE:

1. You have been on probation in the community for at least three (3) years.

2. During the past three years, you have not been declared by the court to be a violator of your term of probation.

3. There is no active no-contact order against you as part of the probation.

4. You have completed all the terms and conditions of your probation, such as counseling requirements, community service orders, paying restitution orders, and paying all fines.

5. There are no pending probation/deferred sentence revocation proceedings filed against you.

6. You are currently not on parole in Rhode Island or any other jurisdiction.

7. You are not on probation, serving a suspended sentence, or serving a deferred sentence in any other criminal case in Rhode Island or in any other jurisdiction, with the exception of another Rhode Island criminal case where the term of probation, suspended sentence or deferred sentence was imposed on the same date as the other sentence and the sentences were ordered to run concurrently.

8. You are not the subject of pending charges in Rhode Island or any other jurisdiction.

If any of these statements are not true, then you will not be eligible at this time to end your probation early. If all of these statements are TRUE, then you may want to contact the R.I. Department of Corrections’ Office of Probation and Parole to request that a probation officer review your file and issue you a Certificate stating that you satisfy all of these criteria. Please contact Christopher Frenier at (401) 462-2242 or email him at christopher.frenier@doc.ri.gov to request review for a Certificate.

If you receive a Certificate, then you will need to follow the process in Rule 35(c) of the R.I. Rules of Criminal Procedure to request the Superior Court to end your probation early.

If you have any questions about these criteria or obtaining a certificate, you can also contact Emmett Hardiman at the Office of the Public Defender, (401) 458-3050, or ehardiman@ripd.org, or a private attorney.

Click here to review the Early Termination of Probation Pursant to Rule 35(c) - Notice to Probationers.

THESE DOCUMENTS DO NOT CONTAIN LEGAL ADVICE; IT IS A COURTESY NOTICE

You do not need an attorney to file a Rule 35(c) motion to terminate your probation. You can represent yourself.