TITLE 8
Courts and Civil Procedure – Courts

CHAPTER 8-8.3
Extreme Risk Protection Orders

SECTION 8-8.3-5


§ 8-8.3-5. Hearings on petition – Grounds for issuance – Contents of order.

(a) Upon hearing the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm, the court shall issue a one-year extreme risk protection order. An extreme risk protection order issued by the court shall be for a fixed period of one year, at the expiration of which time the court may renew the extreme risk protection order as set forth in § 8-8.3-7.

(b) In determining whether grounds for an extreme risk protection order exist, the court may consider any or all of the following, including, but not limited to:

(1) A recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat of violence involves a firearm;

(2) A pattern of acts or threats of violence by the respondent within the past twelve (12) months, including, but not limited to, acts or threats of violence against self or others;

(3) The respondent's mental health history;

(4) Evidence of the respondent's abuse of controlled substances or alcohol;

(5) Previous violations by the respondent of any court order including, but not limited to, restraining orders, no-contact orders issued pursuant to chapter 29 of title 12, and protective orders issued pursuant to chapter 8.1 of title 8 or chapter 15 of title 15;

(6) Previous extreme risk protection orders issued against the respondent;

(7) The unlawful, threatening, or reckless use or brandishing of a firearm by the respondent, including, but not limited to, such act taken or displayed through social media;

(8) The respondent's ownership of, access to, or intent to possess firearms;

(9) The respondent's criminal history, including, but not limited to, arrests and convictions for felony offenses, crimes of violence as defined in § 11-47-2, violent misdemeanor offenses, crimes involving domestic violence as defined in § 12-29-2, and stalking;

(10) The history, use, attempted use, or threatened use of physical violence by the respondent against another person, or the respondent's history of stalking another person, or evidence of cruelty to animals by the respondent, including, but not limited to, evidence of violations or convictions pursuant to the provisions of chapter 1 of title 4; and

(11) Evidence of recent acquisition or attempts at acquisition of firearms by the respondent.

(c) In determining whether grounds for a one-year extreme risk protection order exist, the court may also consider any other relevant and credible evidence presented by the petitioner, respondent, and any witnesses they may produce.

(d) The court may continue a hearing under this section upon a showing of good cause, including, but not limited to, whether service was effectuated less than seven (7) days from the date of the scheduled hearing. If the court continues a hearing under this subsection in a matter in which a temporary extreme risk protection order has been issued under § 8-8.3-4, the temporary extreme risk protection order shall remain in effect until the next hearing date.

(e) During the hearing the court may consider whether a mental health evaluation or substance abuse evaluation is appropriate, and may recommend that the respondent seek the evaluation if appropriate.

(f) An extreme risk protection order must include:

(1) A statement of the grounds supporting the issuance of the order;

(2) The date and time the order was issued;

(3) The date and time the order expires;

(4) Information pertaining to any recommendation by the court for mental health and/or substance abuse evaluations, if applicable;

(5) The address of the court that issued the order and in which any responsive pleading should be filed; and

(6) The following statement: "To the subject of this protection order: This order will continue until the date and time noted above unless terminated earlier by court order. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You have the right to request one hearing to terminate this order within each twelve-month (12) period that this order, or any renewal order, is in effect. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot afford an attorney, you are hereby referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you."

(g) Upon the issuance of a one-year extreme risk protection order, the court shall inform the respondent that he or she is entitled to request termination of the order in the manner prescribed by § 8-8.3-7. The court shall provide the respondent with a form to request a termination hearing. The court shall also schedule a review hearing of the matter, which hearing shall be scheduled within thirty (30) calendar days before the date the one-year extreme risk protection order is set to expire.

(h) If the court declines to issue a one-year extreme risk protection order, the court shall state in writing the particular reasons for the court's denial and shall also order the return of weapons to the respondent. The return should be effectuated consistent with the provisions of § 8-8.3-8.

History of Section.
(P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.)