Rhode Island

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Gen. Laws R.I., Sec. 14-1-7

Sec. 14-1-7.1

Upon motion by the attorney general in a case involving a child meeting statutory age/offense criteria, the family court must conduct a hearing to determine whether or not to waive jurisdiction over the child. At the conclusion of the hearing, the court may waive jurisdiction and refer the child to the appropriate adult court if it finds that the attorney general has proven by a preponderance of the evidence that (1) there is probable cause to believe the child committed the offense alleged (assuming this has not already been established at a previous hearing) and (2) in view of the child's record or treatment history or the heinous or premeditated nature of the offense, "the interests of society or the protection of the public necessitates the waiver of jurisdiction." A waiver covers not only the offense upon which the waiver motion was based, but all other pending or subsequent offenses of which the child is accused; however, if the child is acquitted of the offense upon which the waiver was based, the blanket waiver must be vacated.



[Note—An alternative course called "certification" is open to the family court, and in fact the court is authorized to consider certification whenever presented with a motion for waiver. A child of any age charged with a felony may be certified if the court, in addition to probable cause and public interest/protection findings resembling those called for in a waiver proceeding, also finds rehabilitation unlikely during the period of the court's usual jurisdiction. A child who has been certified remains in family court, but is afforded the right to a jury trial and, if convicted, may be sentenced to prison time to be served upon reaching 21. A 16-year-old who is accused of a drug felony and has already been adjudicated for another drug felony committed since turning 16 must either be waived or certified. The same is true of a 16-year-old who is accused of any felony and has already been adjudicated for two indictable offenses committed since turning 16. However, these provisions do not qualify as mandatory waiver requirements, since in any given case the certification option may keep the child within the family court's jurisdiction.]


Offense Category Minimum Age Offense Detail

Certain Felonies 16 Any felony.

Capital None specified Any offense punishable by life imprisonment.


Presumptive Waiver Gen. Laws R.I., Sec. 14-1-7.3

A family court's previous certification of a child (see note, Discretionary Waiver) constitutes presumptive evidence of the child's nonamenability to treatment. Accordingly, if the child is accused of a subsequent offense, the court must waive jurisdiction unless the child presents clear and convincing evidence rebutting the presumption.


Mandatory Waiver Gen. Laws R.I., Sec. 14-1-3

The term "adult" is defined to include a 17-year-old charged with any of a list of offenses; such a person "shall not be subject to the jurisdiction of the family court" if, after a hearing, the family court determines that there is probable cause to believe that he or she committed the offense alleged.


Offense Category Minimum Age Offense Detail

Murder 17 Murder.

Person 17 First degree sexual assault, first degree child molestation, assault with intent to commit murder.


Once an Adult, Always Sec. 14-1-7.3 Gen. Laws R.I., Sec. 14-1-7.1

The family court's waiver of jurisdiction over a child applies to all "pending and subsequent offenses of whatever nature" involving the same child; however, if the child is acquitted of the offense upon which the waiver was based, the blanket waiver "shall be vacated." (In addition, the family court's "certification" of a child constitutes presumptive evidence of the child's nonamenability to treatment; faced with a subsequent offense involving the same child, the court must waive jurisdiction unless clear and convincing evidence is presented to rebut the presumption. See Presumptive Waiver.)