|
2013 -- S 0340 SUBSTITUTE A | |
|
======= | |
|
LC00940/SUB A | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2013 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO DELINQUENT AND DEPENDENT CHILDREN - PROCEEDINGS IN | |
|
FAMILY COURT | |
|
|
|
|
|
|
|
Introduced By: Senator Michael J. McCaffrey | |
|
Date Introduced: February 13, 2013 | |
|
Referred To: Senate Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Section 14-1-33 of the General Laws in Chapter 14-1 entitled "Proceedings |
|
1-2 |
in Family Court" is hereby amended to read as follows: |
|
1-3 |
14-1-33. Supervision of child placed on probation. -- (a) Whenever the court places a |
|
1-4 |
child on probation, the court may do so upon any terms and conditions, not inconsistent with law, |
|
1-5 |
that the court may deem best for the welfare of the child, but unless otherwise ordered by the |
|
1-6 |
court, a probation counselor may make any arrangements for the care of the child that he or she |
|
1-7 |
may deem best for its welfare, and may release the child in the care of its parent, guardian, or |
|
1-8 |
other lawful custodian, or in the care of any relative of the child. If a child has been placed on |
|
1-9 |
probation as provided in this chapter, the probation counselor may at any time before the |
|
1-10 |
discharge of the child take the child before the court without a warrant, or the court may issue a |
|
1-11 |
warrant to bring the child before the family court. When the child is before the court, the court |
|
1-12 |
may make any disposition of the case which it might have made before the child was placed on |
|
1-13 |
probation, or may continue or extend the period of probation. |
|
1-14 |
(b) At the end of the probation period of a child, the probation counselor shall make a |
|
1-15 |
report to the court, in writing, as to the conduct of the child during that period. |
|
1-16 |
(c) If, at any time during a child’s probationary term, the child is charged with an |
|
1-17 |
additional and subsequent delinquency offense, which if committed by an adult would be |
|
1-18 |
considered a felony, the probation counselor shall file a petition in the family court alleging that |
|
1-19 |
the child has violated probation. |
|
2-1 |
(d) If, at any time during a child’s probationary term the child is charged with an |
|
2-2 |
additional and subsequent wayward/disobedient or status offense, the probation counselor may |
|
2-3 |
file a petition in the family court alleging that the child has violated probation. |
|
2-4 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC00940/SUB A | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO DELINQUENT AND DEPENDENT CHILDREN - PROCEEDINGS IN | |
|
FAMILY COURT | |
|
*** | |
|
3-1 |
This act would require a probation officer to file a petition in the family court if a |
|
3-2 |
juvenile is charged with an additional delinquency offense during his/her probationary term, and |
|
3-3 |
would permit, but not require, a probation officer to file a petition in the family court if a juvenile |
|
3-4 |
is charged with an additional wayward/disobedient or status offense during his/her probationary |
|
3-5 |
term. |
|
3-6 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC00940/SUB A | |
|
======= |