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.
=======
LC03442/SUB B/2
=======