State v. Geoffrey A. Regan, 273 A.3d 116

Regan pled nolo contendere in 2011 to unlawful appropriation and was sentenced to 10 years, with 1 year to serve, 1 year home confinement, and 8 years suspended, plus $520,295.46 restitution.
No hearing was held at sentencing to determine Regan’s ability to pay restitution.
In June 2017 Regan signed and complied with a court-ordered $200/month payment plan toward restitution.
The State filed a Rule 32(f) notice (Sept. 2018) alleging probation violation, relying on a docket notation indicating restitution was to be paid by Dec. 15, 2018.
At a Dec. 7, 2020 violation hearing the trial justice declared Regan a probation violator despite his compliance with the payment plan, reasoning Regan could not pay the balance before probation expired and keeping sentencing open.
The Superior Court entered an order (Dec. 24, 2020) declaring Regan a violator; Regan appealed and the Supreme Court vacated the order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failing to pay restitution in full by probation expiration is a probation violation without findings on ability/willfulness	State: docket timeline required payment in full by expiration—nonpayment is violation	Regan: he complied with payment plan; no finding of inability or willful refusal to pay; no violation	Court: Nonpayment alone, when defendant complies with payment plan, is not a valid probation violation absent findings on ability and willfulness; trial court’s finding was arbitrary and capricious
Whether court may keep a custodial sentence "hanging over" a defendant after probation expires to coerce future payment	State: retaining jurisdiction and delaying sentencing preserves authority to impose suspended time if default occurs	Regan: once probation expires court loses authority to extend probation or impose sentence later	Court: Trial court cannot extend probation or impose sentence after probation has expired; civil remedies exist for unpaid restitution

State v. LaRoche, 883 A.2d 1151 (R.I. 2005) (court must consider reasons for noncompliance and ability to pay before revoking probation)
Bearden v. Georgia, 461 U.S. 660 (U.S. 1983) (incarceration for nonpayment requires inquiry into ability to pay and bona fide efforts)
State v. Traudt, 679 A.2d 330 (R.I. 1996) (restitution survives as civil judgment after probation expires)
State v. Price, 820 A.2d 956 (R.I. 2003) (discussing coercive remedies for contempt vs. imprisonment for nonpayment)
State v. Tavares, 837 A.2d 730 (R.I. 2003) (probation time limit prevents indefinite threat of imprisonment)
State v. Santos, 498 A.2d 1024 (R.I. 1985) (probation expiration assures defendant no perpetual threat of imprisonment)
State v. Forbes, 925 A.2d 929 (R.I. 2007) (purpose of revocation is to determine breach of peace/good behavior conditions)