§ 11-25-16.1. Escape after certification.
(a) Any person who violates the provisions of § 11-25-16 after having been certified and adjudicated by the family court pursuant to § 14-1-7.2 may, after a hearing by a justice of the family court to determine that probable cause exists to believe that the child has escaped from the institution, have the jurisdiction over his or her sentence transferred to the department of corrections to be served in facilities under the control of the department.
(b) A finding pursuant to subsection (a) of this section shall constitute presumptive evidence of the nonamenability of the person of further treatment in facilities available to the family court. The court shall transfer the jurisdiction over his or her sentence to the department of corrections to be served in facilities under the control of that department, unless the presumption is rebutted by clear and convincing evidence which demonstrates that the person is amenable to treatment in facilities available to the family court.
(c) A finding pursuant to subsection (a) of this section shall constitute presumptive evidence of the nonamenability of the person to further treatment in facilities available to the family court and the court shall waive jurisdiction over the offense and all subsequent offenses. The child shall be prosecuted for those offenses by the court which would have jurisdiction if committed by an adult, unless the presumption is rebutted by clear and convincing evidence which demonstrates that the person is amenable to treatment in the facilities available to the family court.
(d) A waiver of jurisdiction over a child pursuant to subsection (c) of this section shall constitute a waiver of jurisdiction over the child for that offense, as well as for all subsequent offenses of whatever nature. The child shall be referred to the court which would have had jurisdiction if the offense had been committed by an adult.
History of Section.P.L. 1990, ch. 15, § 4; P.L. 1990, ch. 18, § 4.
Structure Rhode Island General Laws
Chapter 11-25 - Jails and Prisons
Section 11-25-1. - Escape from correctional institutions.
Section 11-25-1.1. - Escape from municipal detention facility.
Section 11-25-2. - Assault or escape by a custodial unit inmate.
Section 11-25-2.1. - Assault by a municipal detention inmate.
Section 11-25-3. - Fatal assault by maximum custodial inmate deemed murder.
Section 11-25-4. - Assault or escape by prisoner of medium or minimum custodial unit.
Section 11-25-4.1. - Sentence for assault or escape by prisoner — Consecutive term.
Section 11-25-5. - Officer voluntarily allowing prisoner to escape.
Section 11-25-6. - Officer negligently allowing escape.
Section 11-25-7. - Rescue of prisoner.
Section 11-25-8. - Conveyance to prisoner of instruments for escape.
Section 11-25-9. - Assisting inmate of correctional institutions to escape.
Section 11-25-10. - Conveyance of intoxicants to prisoner.
Section 11-25-11. - Prisoners committed for violation of city or town ordinances.
Section 11-25-12. - Earnings of city or town prisoners.
Section 11-25-13. - Federal prisoners.
Section 11-25-14. - Conveyance of unauthorized articles to or from institutions.
Section 11-25-14.1. - Unlawful possession of telecommunications devices.
Section 11-25-15. - Imprisonment for failure to appear at a court ordered hearing.
Section 11-25-16. - Juvenile escapees.
Section 11-25-16.1. - Escape after certification.
Section 11-25-17. - Receipt, safekeeping and record of prisoners.
Section 11-25-18. - Receipt of gifts by employees of department of corrections.
Section 11-25-19. - Record of visitors.
Section 11-25-20. - Habeas corpus for production of prisoner.
Section 11-25-21. - Habeas corpus — Training school for youth.
Section 11-25-22. - Escape from custody.
Section 11-25-23. - Allowing prisoners to have controlled substances.
Section 11-25-24. - Correctional employees — Sexual relations with inmates — Felony.