Chapter 532

2007 -- S 1141 SUBSTITUTE B

Enacted 11/08/07

 

A N A C T

RELATING TO FAMILY COURT -- JURISDICTION

          

     Introduced By: Senators Alves, and Paiva-Weed

     Date Introduced: June 22, 2007

   

It is enacted by the General Assembly as follows:

 

     Section 1. Section 14-1-6 of Chapter 14-1 entitled “Proceedings in Family Court” is

hereby amended to read as follows:

 

       14-1-6.  Retention of jurisdiction. -- (a) When the court shall have obtained

jurisdiction over any child prior to the child having attained the age of seventeen eighteen (18) by the

filing of a petition alleging that the child is wayward or delinquent pursuant to § 14-1-5, the child

shall, except as specifically provided in this chapter, continue under the jurisdiction of the court

until he or she becomes nineteen (19) years of age, unless discharged prior to turning nineteen

(19). When the court shall have obtained jurisdiction over any child prior to the child’s

eighteenth birthday by the filing of a petition alleging that the child is dependent, neglected and

abused pursuant to § 14-1-5 and 40-11-7, the child shall, except as specifically provided in this

chapter, continue under the jurisdiction of the court until he or she becomes eighteen (18) years of

age; provided, that prior to an order of discharge or emancipation being entered, the court shall

require the department of children, youth, and families to provide a description of the transition

services afforded the child in placement or a detailed explanation as to the reason those services

were not offered; provided further that any youth who comes within the jurisdiction of the court

by the filing of a wayward or delinquent petition based upon an offense which was committed

prior to July 1,2007, including youth who are adjudicated and committed to the Rhode Island

Training School and who are placed in a temporary community placement as authorized by the

family court, may continue under the jurisdiction of the court until he or she turns twenty one

(21) years of age.

     (b) In any case where the court shall not have acquired jurisdiction over any person prior

to the person's eighteenth birthday by the filing of a petition alleging that the person had

committed an offense, but a petition alleging that the person had committed an offense which

would be punishable as a felony if committed by an adult has been filed before that person attains

the age of nineteen (19) years of age, that person shall, except as specifically provided in this

chapter, be subject to the jurisdiction of the court until he or she becomes nineteen (19)_years of

age, unless discharged prior to turning nineteen (19).

     (b) (c) In any case where the court shall not have acquired jurisdiction over any person

prior to the person attaining the age of seventeen nineteen (19) years by the filing of a petition alleging

that the person had committed an offense prior to the person attaining the age of seventeen

eighteen (18) years which would be punishable as a felony if committed by an adult, that person shall

be referred to the court which would have had jurisdiction over the offense if it had been

committed by an adult. The court shall have jurisdiction to try that person for the offense

committed prior to the person attaining the age of seventeen eighteen (18) years and, upon conviction,

may impose a sentence not exceeding the maximum penalty provided for the conviction of that

offense.

     (c) Any person who has attained the age of seventeen years or older who commits an

offense which would constitute a felony or a misdemeanor if committed by an adult prior to his or

her eighteenth birthday, that person shall be referred to the court which would have had

jurisdiction over the offense if it had been committed by an adult. The court shall have

jurisdiction to try that person for the offense committed prior to his or her eighteenth birthday

and, upon conviction, may impose a sentence not exceeding the maximum penalty provided for

the conviction of that offense.

      (d) In any case where the court has certified and adjudicated a child in accordance with

the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the

power and authority to sentence the child to a period in excess of the age of nineteen (19) years.

However, in no case shall the sentence be in excess of the maximum penalty provided by statute

for the conviction of the offense.

      (e) Nothing in this section shall be construed to affect the jurisdiction of other courts

over offenses committed by any person after he or she reaches the age of nineteen (19) years.

 

     SECTION 2. Chapter 14-1 of the General Laws entitled "Proceedings In Family Court" is

hereby amended by adding thereto the following sections:

 

     14-1-6.1. Records. – (a) In any case where a court shall have obtained jurisdiction of a

juvenile having attained the age of seventeen (17) years pursuant to 2007 P.L. 73, Article 22,

section 1:

     (i) all police records relating to the arrest, detention, apprehension and disposition of the

juvenile and all records of identification maintained pursuant to chapter 12-1 of the general laws

shall be treated as family court records in accordance with sections 14-1-64 and 38-2-2 of the

general laws; provided, however, that no person and no department, agency or any other

instrumentality of the state or of any subdivision thereof shall be held liable or otherwise legally

accountable for having disclosed or disseminated any such records in reasonable reliance upon

the law in effect between July 1, 2007, and the effective date of this act [November 8, 2007];

and provided further that nothing in this section shall be deemed to prohibit the use of witness

statements and other police records in the course of judicial proceedings initiated prior to the

effective date of this act; and

     (ii) all court records of such proceedings shall be sealed upon final disposition of the case

in the event of a no information, dismissal or not guilty finding or upon the completion of any

sentence, probation and/or parole imposed therein.

 

     14-1-6.2. Sentencing. – In any case in which the court shall have jurisdiction of a

juvenile pursuant to this chapter, the court shall consider placing the juvenile in the least

restrictive appropriate facility or program.

 

     SECTION 3. This act shall take effect upon passage.    

     

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LC03442/SUB B/2

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