Removes the mandatory certification for an individual 16 years or older who was found delinquent for having committed 2 offenses after the age of 16 which would render the person subject to an indictment if the person was an adult.
Summary
S0908 amends Rhode Island’s Family Court certification statute for delinquent children. Under current law, a child age 16 or older who has been found delinquent for two offenses after age 16 that would be indictable if committed by an adult is subject to mandatory certification to adult court. The bill removes that mandatory certification language, so those cases would no longer automatically require certification on that basis alone.
The measure leaves the broader certification framework in place, including the court’s existing authority to certify a child after a hearing if the attorney general proves probable cause, the seriousness or history of the offense, and that the time available in Family Court is insufficient for rehabilitation. It also preserves the separate waiver-of-jurisdiction provision in § 14-1-7.1. The bill would take effect immediately upon passage.
Impact
The bill would amend § 14-1-7.2 of the Rhode Island General Laws, narrowing one automatic pathway for moving certain older juveniles into adult criminal proceedings. As a result, judges would retain discretion under the existing certification process rather than being required to certify every qualifying 16-year-old with two qualifying delinquency findings. The change affects delinquent youth, the Family Court, the attorney general, and potentially adult criminal dockets by reducing mandatory transfers based solely on the prior-offense criterion.
Sentiment
The available voting history suggests the bill was broadly supported, passing the Senate 33-2 on May 29, 2025. No committee transcript is available, so there is no recorded debate to indicate detailed concerns or endorsements. The strong vote margin suggests general agreement with limiting mandatory juvenile-to-adult certification in this narrow circumstance.
Contention
The main point of contention is the policy choice between mandatory adult-court certification for repeat serious juvenile offenders and preserving judicial discretion in juvenile cases. Supporters of the bill appear to favor removing an automatic transfer rule that can send 16-year-olds to adult court based solely on two qualifying delinquency findings. Opponents, reflected in the small number of dissenting votes, likely favored retaining a mandatory mechanism for public safety and accountability in repeat-offense cases, though no transcript is available to identify their specific arguments.