(a) Upon a motion by the attorney general pursuant to § 14-1-7, the court shall conduct a hearing at which it shall be the duty of the attorney
general to produce evidence to enable the court to determine:
(1) Probable cause exists to believe that the offense charged has been committed and that
the child charged has committed it;
(2) The child’s past history of offenses, history of treatment, or the heinous or premeditated
nature of the offense is such that the court finds that the interests of society or
the protection of the public necessitate the certification; and
(3) The jurisdiction of the court but for the exercise of certification is in all likelihood
an insufficient period of time in which to accomplish a rehabilitation of the child.
(b) If the court finds that subdivisions (a)(1) — (a)(3) of this section have been proven
by a preponderance of evidence, it shall certify the child pursuant to § 14-1-7.3.
(c) Any person sixteen (16) years of age or older who has been found delinquent for having
committed two (2) offenses after the age of sixteen (16), which would render that
person subject to an indictment if he or she were an adult, shall be certified pursuant
to this section. Any findings for offenses which have occurred prior to April 11,
1990, shall be considered in making a determination of eligibility for certification.
Nothing in this section shall be construed to prohibit a waiver of jurisdiction of
any child pursuant to § 14-1-7.1.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1993–2024 · leading case:
In Re Harrison, 992 A.2d 990 (R.I. 2010).
In Re Harrison, 992 A.2d 990 (R.I. 2010).
· cites it 13× “" Section 14-1-7.2. Certification allows the minor to be tried as an adult in Family Court, but affords the justice with broader options when he imposes a sentence.”
State v. Greenberg, 951 A.2d 481 (R.I. 2008).
· cites it 3× ““(d) In any case where the court has certified and adjudicated a child in accordance with the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power and authority to sentence the child to a period in excess of the age of nineteen (19)…”
In Re Douglas L., 625 A.2d 1357 (R.I. 1993).
“1956 (1981 Reenactment) §§ 14-1-7.2 and 14-1-7.3, as amended by P.”
In re Nicholas V., 622 A.2d 447 (R.I. 1993).
· cites it 2× “3 provides in pertinent part: “Upon a finding by the court that the child is subject to certification as provided by § 14-1-7.2, the court shall afford the child a right to a jury trial, and upon conviction for the offense charged, the court shall sentence the child in…”
In re C.R. (R.I. 2024).
· cites it 2× “1956 -2- §§ 14-1-7.2 and 14-1-7.3(a),1 and sentenced C.”
— R.I. Gen. Laws § 14-1-7.2(a)(2)(3) — 1 case
In Re Harrison, 992 A.2d 990 (R.I. 2010).
“" Section 14-1-7.2. Certification allows the minor to be tried as an adult in Family Court, but affords the justice with broader options when he imposes a sentence.”
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