§ 14-1-7.2 - Certification – Proof.
SECTION 14-1-7.2
§ 14-1-7.2 Certification – Proof.– (a) Upon a motion by the attorney general pursuant to § 14-1-7, the courtshall conduct a hearing at which it shall be the duty of the attorney generalto produce evidence to enable the court to determine:
(1) Probable cause exists to believe that the offense chargedhas been committed and that the child charged has committed it;
(2) The child's past history of offenses, history oftreatment, or the heinous or premeditated nature of the offense is such thatthe court finds that the interests of society or the protection of the publicnecessitate the certification; and
(3) The jurisdiction of the court but for the exercise ofcertification is in all likelihood an insufficient period of time in which toaccomplish 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 shallcertify the child pursuant to § 14-1-7.3.
(c) Any person sixteen (16) years of age or older who hasbeen found delinquent for having committed two (2) offenses after the age ofsixteen (16), which would render that person subject to an indictment if he orshe were an adult, shall be certified pursuant to this section. Any findingsfor offenses which have occurred prior to April 11, 1990, shall be consideredin making a determination of eligibility for certification. Nothing in thissection shall be construed to prohibit a waiver of jurisdiction of any childpursuant to § 14-1-7.1.