§ 14-1-7.3. Certification — Effect.
(a) Upon a finding by the court that the child is subject to certification pursuant to § 14-1-7.2, the court shall afford the child a right to a jury trial, and upon conviction for the offense charged, the court shall sentence the child in accordance with one of the following alternatives:
(1) Impose a sentence upon the child to the training school for youth until the time that the child attains the age of nineteen (19) years;
(2) Impose a sentence upon the child for a period in excess of the child’s nineteenth birthday to the adult correctional institutions, with the period of the child’s minority to be served in the training school for youth in a facility to be designated by the court. However, the sentence shall not exceed the maximum sentence provided for by statute for conviction of the offense.
(b) Any child who is certified shall not be eligible for release from the training school for youth unless, after hearing, the certifying judge, or the chief judge in his or her absence, or his or her designee, determines by clear and convincing evidence that the child will not pose a threat to the public during the term of the release.
(c) In the event that the court has modified the order of certification pursuant to § 14-1-42 by suspending the balance of the sentence imposed, any violation of the terms of the suspended sentence shall be referred to the appropriate adult court to be treated in accordance with the regular procedure of the court, unless the person is under the age of eighteen (18) years at the time of the violation, in which case, jurisdiction over the sentence shall continue in the family court.
(d) In the event that the court, after a hearing on modification of the order of certification pursuant to § 14-1-42, has determined that it has not been demonstrated by clear and convincing evidence that the person has been sufficiently rehabilitated and could be released in the community without posing a danger to the public should the order of certification be modified, the court shall deny the modification of the order of certification and direct the person to serve the balance of his or her sentence under the jurisdiction of the department of corrections in a facility under the control of the department. The sentence, including any term served in the training school for youth, shall be subject to the regulations and statutes governing the parole board.
(e) Any person who commits an offense which would be punishable as a felony if committed by an adult, 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 committed the offense, 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.
(f) A finding that the child is subject to certification shall constitute presumptive evidence of the non-amenability of the person to further treatment in facilities available to the family court and 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 the department, unless the presumption is rebutted by clear and convincing evidence which demonstrates that the person is amenable to treatment in family court facilities.
(g)(1) A finding that the child is subject to certification shall also constitute presumptive evidence of the non-amenability of the person to further treatment in facilities available to the family court and the court shall waive jurisdiction over that offense and all subsequent offenses and the child shall be prosecuted for the offense 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 family court facilities.
(2) A waiver of jurisdiction over a child pursuant to subdivision (1) of this subsection shall constitute a waiver of jurisdiction over that child for that offense and for all subsequent offenses of whatever nature, and the child shall be referred to the court which would have had jurisdiction if the offense had been committed by an adult.
(h) The name of any person waived or certified and convicted shall be available to the general public.
History of Section.P.L. 1990, ch. 15, § 2; P.L. 1990, ch. 18, § 2; P.L. 2007, ch. 73, art. 22, § 1.
Structure Rhode Island General Laws
Title 14 - Delinquent and Dependent Children
Chapter 14-1 - Proceedings in Family Court
Section 14-1-1. - Short title.
Section 14-1-2. - Purpose of chapter.
Section 14-1-3. - Definitions.
Section 14-1-4. - Idleness or frequenting of disreputable places.
Section 14-1-5. - Exclusive jurisdiction.
Section 14-1-5.1. - Age in dispute.
Section 14-1-6. - Retention of jurisdiction.
Section 14-1-6.2. - Sentencing.
Section 14-1-7. - Waiver of jurisdiction or certification hearing.
Section 14-1-7.1. - Waiver of jurisdiction — Proof.
Section 14-1-7.2. - Certification — Proof.
Section 14-1-7.3. - Certification — Effect.
Section 14-1-7.4. - Waiver or certification of juvenile drug offenders.
Section 14-1-8. - Jurisdiction over adults.
Section 14-1-9. - Waiver of jurisdiction over adult.
Section 14-1-10. - Preliminary investigation on information furnished to court.
Section 14-1-11. - Authorizing and filing petition.
Section 14-1-11.1. - Commitment of voluntary placements.
Section 14-1-12. - Form and contents of petition.
Section 14-1-13. - Complaints pertaining to feeble-minded persons.
Section 14-1-14. - Petitions for adoption.
Section 14-1-15. - Warrants for offenses against children.
Section 14-1-16. - Summons of child or adult in charge of child.
Section 14-1-17. - Service of summons.
Section 14-1-18. - Process running throughout state — Persons authorized to serve.
Section 14-1-19. - Failure to obey summons.
Section 14-1-20. - Release or placement of child in custody of officer.
Section 14-1-21. - Release or detention of child under custody of court.
Section 14-1-22. - Taking child into immediate custody.
Section 14-1-23. - Place of detention of juveniles.
Section 14-1-24. - Care of girls detained.
Section 14-1-25. - Arrest of juveniles without warrant.
Section 14-1-26. - Separation from adult offenders.
Section 14-1-26.1. - Temporary custody of status and non-offenders.
Section 14-1-27. - Temporary detention in public or private institutions.
Section 14-1-28. - Transfer of cases from other courts.
Section 14-1-29. - Times and places of hearings.
Section 14-1-30. - Conduct of hearings.
Section 14-1-30.1. - Compelling evidence in hearings — Immunity.
Section 14-1-30.2. - Foster parents — Notice of court proceedings.
Section 14-1-31. - Services of public defender.
Section 14-1-32. - Power of court to order disposition of child.
Section 14-1-32.1. - Juvenile victim restitution program.
Section 14-1-32.2. - Administration of program — Payment for services.
Section 14-1-32.3. - Appropriations.
Section 14-1-32.4. - Family counseling for drug or alcohol related offenses.
Section 14-1-33. - Supervision of child placed on probation.
Section 14-1-35. - Guardianship of agency to which child entrusted — Adoption proceedings.
Section 14-1-36. - Commitment of delinquent and wayward children.
Section 14-1-36.1. - Release from training school.
Section 14-1-36.3. - Community confinement.
Section 14-1-37. - Other disposition for best interests of child.
Section 14-1-38. - Insufficient evidence of waywardness or delinquency.
Section 14-1-39. - Fees for delivery of child to court or institution.
Section 14-1-40. - Adjudication not having effect of conviction.
Section 14-1-41. - Protection of religious faith.
Section 14-1-44. - Effect of order for maintenance — Enforcement.
Section 14-1-45. - Procedures in adult cases — Sentence.
Section 14-1-45.1. - Compelling evidence in adult cases — Immunity.
Section 14-1-46. - Institution of proceedings against adults — Process.
Section 14-1-47. - Trial by judge or jury.
Section 14-1-48. - Jury trial in family court.
Section 14-1-48.1. - Powers of chief judge in jury trials.
Section 14-1-49. - Fees for service of process or attendance in court.
Section 14-1-50. - [Obsolete.]
Section 14-1-51. - Physical or mental examination and treatment.
Section 14-1-53. - Effect of pendency of appeal.
Section 14-1-54 - — 14-1-57. Repealed.
Section 14-1-59. - Cooperation of public and private agencies.
Section 14-1-59.1. - Procedural safeguards.
Section 14-1-61. - Rules of court.
Section 14-1-62. - Construction of chapter.
Section 14-1-63. - [Obsolete.]
Section 14-1-64. - Disposition of juvenile records.
Section 14-1-65. - Hearings for out-of-state placement of children.
Section 14-1-66. - Application by victim to obtain name of juvenile.
Section 14-1-67.1. - Revocation of motor vehicle operator’s license for failure to make restitution.
Section 14-1-68. - Child witness.