§ 12-7-12. Release of arrested person by officer.
(a) The officer in charge of any police station shall consider the release of any person in his or her station who has been arrested without a warrant:
(1) Without requiring the person to appear in court, when the officer is satisfied that there is no ground for making criminal complaint against the person or when the person has been arrested for drunkenness but in the judgment of the officer need not be brought before a magistrate; or
(2) If the arrest is for a misdemeanor, upon that person signing an agreement to appear in court at a designated time.
(b) Any officer with custody of a person who has been arrested or detained without a warrant may recognize that the person suffers from a serious mental illness and may release and refer the person to the nearest appropriate inpatient mental health facility or outpatient treatment program.
History of Section.G.L. 1909, ch. 354, § 75; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 75; G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-12; P.L. 2017, ch. 342, § 2; P.L. 2017, ch. 353, § 2.
Structure Rhode Island General Laws
Section 12-7-1. - Temporary detention of suspects.
Section 12-7-2. - Search of detained person for weapons.
Section 12-7-3. - Arrest without warrant for misdemeanor or petty misdemeanor.
Section 12-7-4. - Arrest without warrant for felony.
Section 12-7-5. - Arrest on improper ground.
Section 12-7-6. - Arrest on warrant not in possession of arresting officer.
Section 12-7-7. - Methods of arrest.
Section 12-7-8. - Restraint and force used.
Section 12-7-9. - Conditions justifying force dangerous to life.
Section 12-7-10. - Resisting legal or illegal arrest.
Section 12-7-12. - Release of arrested person by officer.
Section 12-7-14. - Punitive damages for false arrest or imprisonment.
Section 12-7-15. - Severability.
Section 12-7-16. - Arrest or seizure after commission of offense.
Section 12-7-17. - Arrest of escapees and parole violators without warrant.
Section 12-7-18. - Temporary detention powers of National Guard.
Section 12-7-19. - Arrest after close pursuit by officers from cities or towns.
Section 12-7-20. - Right to use telephone for call to attorney — Bail bondsperson.
Section 12-7-21. - “Peace officer” defined.
Section 12-7-22. - Electronic recording of custodial interrogations task force.