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 | |
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Introduced By: Representatives Casimiro, Donovan, Spears, Knight, Shallcross Smith, | |
Date Introduced: January 09, 2026 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 14-1-25 and 14-1-26.1 of the General Laws in Chapter 14-1 entitled |
2 | "Proceedings in Family Court" are hereby amended to read as follows: |
3 | 14-1-25. Arrest of juveniles without warrant. |
4 | (a) Any officer authorized to make an arrest for any criminal offense may take into custody |
5 | without a warrant any child believed to be delinquent or wayward within that officer’s jurisdiction, |
6 | but in no case shall a child be detained in custody longer than twenty-four (24) hours without being |
7 | referred to the family court for consideration. |
8 | (b) Beginning at the point of initial contact with a police officer, no preadjudicated child |
9 | known by the police officer to be twelve (12) years of age or under may be restrained using |
10 | handcuffs, except when necessary for purposes of public safety or because the child is using or |
11 | threatening to use physical force on a police officer who is engaging with such child. |
12 | (c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, |
13 | except if probable cause exists that the child has committed a felony offense punishable by a term |
14 | of up to life imprisonment. |
15 | 14-1-26.1. Temporary custody of status and non-offenders. |
16 | (a) A juvenile taken into custody at a state, municipal, or college police department for an |
17 | offense that would not be classified as criminal if committed by an adult, or non-offender juveniles, |
18 | such as dependent or neglected children, shall be held for identification, investigation, and |
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1 | processing purposes only in an unlocked, multi-purpose room that is not designated for residential |
2 | use or secure detention. The child shall not be handcuffed to a stationary object and must remain |
3 | in continuous visual supervision of an agency representative. |
4 | (b) Beginning at the point of initial contact with a police officer, no preadjudicated child |
5 | known by the police officer to be twelve (12) years of age or under may be restrained using |
6 | handcuffs, except when necessary for purposes of public safety or because the child is using or |
7 | threatening to use physical force on a police officer who is engaging with such child. |
8 | (c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, |
9 | except if probable cause exists that the child has committed a felony offense punishable by a term |
10 | of up to life imprisonment. |
11 | SECTION 2. This act shall take effect upon passage. |
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LC003268 | |
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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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1 | This act would prohibit handcuffing children twelve (12) or under at initial police contact |
2 | unless needed for public safety or if the child is using or threatening physical force against an |
3 | officer. |
4 | This act would take effect upon passage. |
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