State Codes and Statutes
Statutes > Rhode-island > Title-11 > Chapter-11-25 > 11-25-16-1SECTION 11-25-16.1
§ 11-25-16.1 Escape after certification.– (a) Any person who violates the provisions of § 11-25-16 after having beencertified and adjudicated by the family court pursuant to § 14-1-7.2 may,after a hearing by a justice of the family court to determine that probablecause exists to believe that the child has escaped from the institution, havethe jurisdiction over his or her sentence transferred to the department ofcorrections to be served in facilities under the control of the department.
(b) A finding pursuant to subsection (a) of this sectionshall constitute presumptive evidence of the nonamenability of the person offurther treatment in facilities available to the family court. The court shalltransfer the jurisdiction over his or her sentence to the department ofcorrections to be served in facilities under the control of that department,unless the presumption is rebutted by clear and convincing evidence whichdemonstrates that the person is amenable to treatment in facilities availableto the family court.
(c) A finding pursuant to subsection (a) of this sectionshall constitute presumptive evidence of the nonamenability of the person tofurther treatment in facilities available to the family court and the courtshall waive jurisdiction over the offense and all subsequent offenses. Thechild shall be prosecuted for those offenses by the court which would havejurisdiction if committed by an adult, unless the presumption is rebutted byclear and convincing evidence which demonstrates that the person is amenable totreatment in the facilities available to the family court.
(d) A waiver of jurisdiction over a child pursuant tosubsection (c) of this section shall constitute a waiver of jurisdiction overthe child for that offense, as well as for all subsequent offenses of whatevernature. The child shall be referred to the court which would have hadjurisdiction if the offense had been committed by an adult.
