State Codes and Statutes

Statutes > Rhode-island > Title-13 > Chapter-13-8 > 13-8-3-1

SECTION 13-8-3.1

   § 13-8-3.1  Subpoena powers of board.– (a) Upon a specific demand made by either party to a preliminary or finalparole revocation, the parole board is authorized and empowered to summonwitnesses and to compel the production and examination of papers, books,accounts, documents, records, certificates and other legal evidence that may benecessary or proper for the determination and decision of any question beforethe board at the hearing.

   (b) Both parties to a preliminary or final parole revocationhearing shall be informed of the right to compulsory process sufficiently inadvance of the hearing to allow the parole board to effectuate that right inaccordance with this section.

   (c) Nothing in this statute shall be deemed to modify orsupercede existing or common law privilege, including the confidentialinformant privilege.

   (d) All subpoenas and subpoenas duces tecum shall be signedby the chairperson or, in the absence or disqualification of the chairperson,by any other member of the parole board, and shall be served as subpoenas arenow served in civil cases in the superior court; and witnesses so subpoenaedshall be entitled to the same fees for attendance and travel as are nowprovided for witnesses in civil cases in the superior court.

   (e) If any person fails to obey the command of any subpoenawithout reasonable cause, or if a person in attendance before the board shall,without reasonable cause, refuse to be sworn or examined, or to answer a legaland pertinent question, the board may apply to any justice of the superiorcourt, upon proof by affidavit of the fact, for a rule or order returnable innot less than two (2) or more than five (5) days, directing the person to showcause why he or she should not be adjudged in contempt. Upon the return of theorder, the justice before whom the matter is brought for a hearing shallexamine the person under oath and the person shall be given an opportunity tobe heard. If the justice shall determine that the person has refused withoutreasonable cause or legal excuse to be examined, or to answer a legal andpertinent question, or to produce books, accounts, papers, records anddocuments material to the issue, which he or she was ordered to bring orproduce, the justice may immediately commit the person to the adultcorrectional institutions, thereto remain until he or she submits to do the actwhich he or she was so required to do, or is discharged according to law. If anapplication of contempt pursuant to this section relates to the actions of awitness at a public hearing, then the papers filed with and proceedings beforethe court shall be open to the public; otherwise, these papers and proceedingsshall be confidential.

State Codes and Statutes

Statutes > Rhode-island > Title-13 > Chapter-13-8 > 13-8-3-1

SECTION 13-8-3.1

   § 13-8-3.1  Subpoena powers of board.– (a) Upon a specific demand made by either party to a preliminary or finalparole revocation, the parole board is authorized and empowered to summonwitnesses and to compel the production and examination of papers, books,accounts, documents, records, certificates and other legal evidence that may benecessary or proper for the determination and decision of any question beforethe board at the hearing.

   (b) Both parties to a preliminary or final parole revocationhearing shall be informed of the right to compulsory process sufficiently inadvance of the hearing to allow the parole board to effectuate that right inaccordance with this section.

   (c) Nothing in this statute shall be deemed to modify orsupercede existing or common law privilege, including the confidentialinformant privilege.

   (d) All subpoenas and subpoenas duces tecum shall be signedby the chairperson or, in the absence or disqualification of the chairperson,by any other member of the parole board, and shall be served as subpoenas arenow served in civil cases in the superior court; and witnesses so subpoenaedshall be entitled to the same fees for attendance and travel as are nowprovided for witnesses in civil cases in the superior court.

   (e) If any person fails to obey the command of any subpoenawithout reasonable cause, or if a person in attendance before the board shall,without reasonable cause, refuse to be sworn or examined, or to answer a legaland pertinent question, the board may apply to any justice of the superiorcourt, upon proof by affidavit of the fact, for a rule or order returnable innot less than two (2) or more than five (5) days, directing the person to showcause why he or she should not be adjudged in contempt. Upon the return of theorder, the justice before whom the matter is brought for a hearing shallexamine the person under oath and the person shall be given an opportunity tobe heard. If the justice shall determine that the person has refused withoutreasonable cause or legal excuse to be examined, or to answer a legal andpertinent question, or to produce books, accounts, papers, records anddocuments material to the issue, which he or she was ordered to bring orproduce, the justice may immediately commit the person to the adultcorrectional institutions, thereto remain until he or she submits to do the actwhich he or she was so required to do, or is discharged according to law. If anapplication of contempt pursuant to this section relates to the actions of awitness at a public hearing, then the papers filed with and proceedings beforethe court shall be open to the public; otherwise, these papers and proceedingsshall be confidential.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-13 > Chapter-13-8 > 13-8-3-1

SECTION 13-8-3.1

   § 13-8-3.1  Subpoena powers of board.– (a) Upon a specific demand made by either party to a preliminary or finalparole revocation, the parole board is authorized and empowered to summonwitnesses and to compel the production and examination of papers, books,accounts, documents, records, certificates and other legal evidence that may benecessary or proper for the determination and decision of any question beforethe board at the hearing.

   (b) Both parties to a preliminary or final parole revocationhearing shall be informed of the right to compulsory process sufficiently inadvance of the hearing to allow the parole board to effectuate that right inaccordance with this section.

   (c) Nothing in this statute shall be deemed to modify orsupercede existing or common law privilege, including the confidentialinformant privilege.

   (d) All subpoenas and subpoenas duces tecum shall be signedby the chairperson or, in the absence or disqualification of the chairperson,by any other member of the parole board, and shall be served as subpoenas arenow served in civil cases in the superior court; and witnesses so subpoenaedshall be entitled to the same fees for attendance and travel as are nowprovided for witnesses in civil cases in the superior court.

   (e) If any person fails to obey the command of any subpoenawithout reasonable cause, or if a person in attendance before the board shall,without reasonable cause, refuse to be sworn or examined, or to answer a legaland pertinent question, the board may apply to any justice of the superiorcourt, upon proof by affidavit of the fact, for a rule or order returnable innot less than two (2) or more than five (5) days, directing the person to showcause why he or she should not be adjudged in contempt. Upon the return of theorder, the justice before whom the matter is brought for a hearing shallexamine the person under oath and the person shall be given an opportunity tobe heard. If the justice shall determine that the person has refused withoutreasonable cause or legal excuse to be examined, or to answer a legal andpertinent question, or to produce books, accounts, papers, records anddocuments material to the issue, which he or she was ordered to bring orproduce, the justice may immediately commit the person to the adultcorrectional institutions, thereto remain until he or she submits to do the actwhich he or she was so required to do, or is discharged according to law. If anapplication of contempt pursuant to this section relates to the actions of awitness at a public hearing, then the papers filed with and proceedings beforethe court shall be open to the public; otherwise, these papers and proceedingsshall be confidential.