It is enacted by the General Assembly as follows:

SECTION 1. Section 14-1-42 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" is hereby amended to read as follows:

{ADD 14-1-42. Modification of order of commitment -- Release, detention, or recommitment of child. -- ADD} An order of commitment made by the court in the case of a child shall be subject to modification or revocation from time to time.

(1) A parent, guardian or next friend of a child or counsel for a child who has been committed or assigned by the court to the custody of an institution, agency or person may at any time file with the court a verified petition, stating that such institution, agency or person has denied application for the release of the child or has failed to act upon such application within a reasonable time. If the court is of the opinion that an investigation should be had, it may, upon due notice to all concerned, proceed to hear and determine the question at issue. If such a petition shall be filed it shall be the duty of the court to determine by clear and convincing evidence that there has been a change of circumstances and that the modification or revocation of the order of commitment is in the best interest of the child and the public, the court may thereupon order that such child be restored to the custody of its parent or guardian or be detained in the custody of the institution, agency or person; and may direct such institution, agency or person to make such other arrangements for the child's care and welfare as the circumstances of the case may require; or the court may make a further order or commitment.

(2) In any case where a child has been certified and adjudicated pursuant to sections 14-1-7.2 and 14-1-7.3, and sentenced pursuant to section 14-1-7.3(b), the court shall schedule a review of the such child's case thirty (30) days prior to the child's eighteenth birthday or thirty (30) days prior to the one year anniversary of the imposition of such sentence, whichever is greater. It shall be its responsibility of the department of the attorney general or of the law enforcement agency making the arrest to notify the victim or victims of the crime for which said juvenile was certified and adjudicated of the pendency of said hearing and afford them the opportunity to be heard. The court shall not hear or determine any other motion for modification of the order of certification, {DEL prior to that time DEL} {ADD except as provided for herein ADD} . At such time and upon proof by clear and convincing evidence that demonstrates that the person has made sufficient efforts at rehabilitation and that the modification of the order of certification would not pose a threat to the safety of the public, the court may suspend, but shall not vacate the balance of such sentence.

In the event that the court, after hearing, determines that it has not been demonstrated by clear and convincing evidence that the person has made sufficient efforts at rehabilitation and that the modification of the order of certification entered pursuant to subsection (b) of section 14-1-7.3 would pose a threat to the safety of the public, the court shall order either (a) that such person be remanded to the Rhode Island training school for youth until further hearing to be held no later than one (1) year thereafter in accordance with subsection (2) of this section, or (b) that the jurisdiction of the sentence be transferred to the department of corrections and that the balance of said sentence be served in facilities under the control of said department.

{ADD (3) In any case where a child has been certified and adjudicated pursuant to section 14-1-7.3 (b) upon motion by the attorney general and/or the Department of children, Youth and Families the court shall conduct a hearing to consider modification of the order of certification if the Family Court determines said individual poses a serious threat to the safety of the public, other residents at the training school and/or training school staff. Upon such a finding the court may order that the jurisdiction of the sentence be transferred to the department of correction and that the balance of said sentence be served in facilities under the control of said department ADD} .

SECTION 2. This act shall take effect upon passage.