Early Termination of Probation

New Rule 35(c) of the Rhode Island Superior Court Rules of Criminal Procedure allows probationers to ask the court to terminate their probation early if they meet certain conditions.

You may be eligible to terminate your probation early if:

  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 were previously represented by the Rhode Island Public Defender or if you wish to be represented by a Public Defender on your motion to terminate probation, you can contact Emmett Hardiman at the Office of the Public Defender, (401) 458-3050, or ehardiman@ripd.org.
  • If you choose to hire an attorney or represent yourself in a motion for termination of probation please be advised that:
    • Your motion, with the original certificate received from the Probation Unit, must be filed with the Superior Court at least ten (10) business days (days do not include Saturdays, Sundays and holidays) before the date scheduled for a hearing.
    • A copy of the motion for termination must be provided to the Attorney General's Office:
    • RI Attorney General's Office
      Attn: Sentence Reduction
      150 South Main St.
      Providence, RI 02903

    • The Attorney General shall be given the opportunity to object to your motion for termination of probation.
    • You must appear in Court on the date of the hearing on your motion.
    • At the hearing you may be questioned under oath by the Court or the attorney for the State.
    • The Court may, in its discretion, grant your motion to terminate your probation.
    • If your motion is granted, the court will issue an order and enter a new judgment reflecting the change(s) in the sentence.

This information should not be interpreted as legal advice.