2026 -- H 7037

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LC003268

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     

     Introduced By: Representatives Casimiro, Donovan, Spears, Knight, Shallcross Smith,
Kislak, Speakman, Roberts, Hopkins, and Alzate

     Date Introduced: January 09, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 14-1-25 and 14-1-26.1 of the General Laws in Chapter 14-1 entitled

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"Proceedings in Family Court" are hereby amended to read as follows:

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     14-1-25. Arrest of juveniles without warrant.

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     (a) Any officer authorized to make an arrest for any criminal offense may take into custody

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without a warrant any child believed to be delinquent or wayward within that officer’s jurisdiction,

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but in no case shall a child be detained in custody longer than twenty-four (24) hours without being

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referred to the family court for consideration.

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     (b) Beginning at the point of initial contact with a police officer, no preadjudicated child

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known by the police officer to be twelve (12) years of age or under may be restrained using

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handcuffs, except when necessary for purposes of public safety or because the child is using or

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threatening to use physical force on a police officer who is engaging with such child.

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     (c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent,

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except if probable cause exists that the child has committed a felony offense punishable by a term

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of up to life imprisonment.

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     14-1-26.1. Temporary custody of status and non-offenders.

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     (a) A juvenile taken into custody at a state, municipal, or college police department for an

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offense that would not be classified as criminal if committed by an adult, or non-offender juveniles,

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such as dependent or neglected children, shall be held for identification, investigation, and

 

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processing purposes only in an unlocked, multi-purpose room that is not designated for residential

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use or secure detention. The child shall not be handcuffed to a stationary object and must remain

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in continuous visual supervision of an agency representative.

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     (b) Beginning at the point of initial contact with a police officer, no preadjudicated child

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known by the police officer to be twelve (12) years of age or under may be restrained using

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handcuffs, except when necessary for purposes of public safety or because the child is using or

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threatening to use physical force on a police officer who is engaging with such child.

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     (c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent,

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except if probable cause exists that the child has committed a felony offense punishable by a term

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of up to life imprisonment.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

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     This act would prohibit handcuffing children twelve (12) or under at initial police contact

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unless needed for public safety or if the child is using or threatening physical force against an

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officer.

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     This act would take effect upon passage.

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