§ 14-1-7.3 - Certification – Effect.
SECTION 14-1-7.3
§ 14-1-7.3 Certification – Effect.– (a) Upon a finding by the court that the child is subject to certificationpursuant to § 14-1-7.2, the court shall afford the child a right to a jurytrial, and upon conviction for the offense charged, the court shall sentencethe child in accordance with one of the following alternatives:
(1) Impose a sentence upon the child to the training schoolfor youth until the time that the child attains the age of nineteen (19) years;
(2) Impose a sentence upon the child for a period in excessof the child's nineteenth birthday to the adult correctional institutions, withthe period of the child's minority to be served in the training school foryouth in a facility to be designated by the court. However, the sentence shallnot exceed the maximum sentence provided for by statute for conviction of theoffense.
(b) Any child who is certified shall not be eligible forrelease from the training school for youth unless, after hearing, thecertifying judge, or the chief judge in his or her absence, or his or herdesignee, determines by clear and convincing evidence that the child will notpose a threat to the public during the term of the release.
(c) In the event that the court has modified the order ofcertification pursuant to § 14-1-42 by suspending the balance of thesentence imposed, any violation of the terms of the suspended sentence shall bereferred to the appropriate adult court to be treated in accordance with theregular procedure of the court, unless the person is under the age of eighteen(18) years at the time of the violation, in which case, jurisdiction over thesentence shall continue in the family court.
(d) In the event that the court, after a hearing onmodification of the order of certification pursuant to § 14-1-42, hasdetermined that it has not been demonstrated by clear and convincing evidencethat the person has been sufficiently rehabilitated and could be released inthe community without posing a danger to the public should the order ofcertification be modified, the court shall deny the modification of the orderof certification and direct the person to serve the balance of his or hersentence under the jurisdiction of the department of corrections in a facilityunder the control of the department. The sentence, including any term served inthe training school for youth, shall be subject to the regulations and statutesgoverning the parole board.
(e) Any person who commits an offense which would bepunishable as a felony if committed by an adult, after having been certifiedand adjudicated by the family court pursuant to § 14-1-7.2, may, after ahearing by a justice of the family court to determine that probable causeexists to believe that the child has committed the offense, have thejurisdiction over his or her sentence transferred to the department ofcorrections to be served in facilities under the control of the department.
(f) A finding that the child is subject to certificationshall constitute presumptive evidence of the non-amenability of the person tofurther treatment in facilities available to the family court and the courtshall transfer the jurisdiction over his or her sentence to the department ofcorrections to be served in facilities under the control of the department,unless the presumption is rebutted by clear and convincing evidence whichdemonstrates that the person is amenable to treatment in family courtfacilities.
(g) A finding that the child is subject to certificationshall also constitute presumptive evidence of the non-amenability of the personto further treatment in facilities available to the family court and the courtshall waive jurisdiction over that offense and all subsequent offenses and thechild shall be prosecuted for the offense by the court which would havejurisdiction if committed by an adult, unless the presumption is rebutted byclear and convincing evidence which demonstrates that the person is amenable totreatment in family court facilities.
(2) A waiver of jurisdiction over a child pursuant tosubdivision (1) of this subsection shall constitute a waiver of jurisdictionover that child for that offense and for all subsequent offenses of whatevernature, and the child shall be referred to the court which would have hadjurisdiction if the offense had been committed by an adult.
(h) The name of any person waived or certified and convictedshall be available to the general public.