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Delinquency
Services Summary
Centralized
State:
The state operates most delinquency services for youth in
Rhode Island. The Family Court of Rhode Island's 10 Intake
Units perform delinquency intake screening and conduct predisposition
investigations. The Department of Children, Youth and Families'
Division of Juvenile Correctional Services is responsible
for secure detention, probation supervision, the state's juvenile
corrections continuum, and aftercare.
Court(s)
with Delinquency Jurisdiction
The statewide Family Court of Rhode Island exercises jurisdiction
over delinquency proceedings. The Family Court is a limited
jurisdiction trial court. For more information, visit the
Rhode
Island Judiciary web site.
Highlights
Juvenile
Re-Entry Court Program
In October 2003, the Family Court, working with the Department of
Children, Youth and Families and other state agencies, began a juvenile
re-entry court program. This two-year pilot program allows young
offenders with good behavior to be released early from the Rhode
Island Training School. It includes frequent reviews and intense
supervision of the juveniles, who sign agreements promising to participate
in education, job training, or substance abuse programs, with their
probation conditioned on fulfilling their promises.
Detention
The Department of Children, Youth and Families, Division of Juvenile
Correctional Services, administers secure juvenile detention. Rhode
Island does not have a facility strictly dedicated to holding juveniles
in secure detention. Instead, youth are held at the Rhode Island
Training School.
Rhode
Island does not currently use a detention screening instrument and
has not established statutory guidelines regarding who can be detained.
Youth
can be held in detention pre-adjudication, pre-disposition,
and while awaiting placement. In addition, youth can be sentenced
to secure detention and serve sanctions for probation violations
in detention.
Youth
can be held in temporary detention for five days in Providence and
Bristol counties and seven days in Kent, Newport, and Washington
counties. A detention order pending adjudication must not exceed
30 days.
Delinquency Intake Screening
Family Court Intake Departments receive delinquency referrals from
law enforcement and screen them for legal sufficiency. The Intake
Department also decides whether to handle cases formally or informally.
The Department Supervisor reviews this decision.
Diversion
Prior to a hearing on a petition alleging a first delinquent or
status offense, the family court must ensure that the Family Court
Intake Department has made a referral to the appropriate local youth
diversion program. The program must submit a report to the court
at least one week prior to the adjudication hearing. The report
must identify problems in the family, services provided, progress,
outcomes, and recommendations for future intervention. The report
must become a part of the record and be used by the family court
in disposing of the petition.
Statute
established a community-based diversion program providing
outreach and advocacy services to youth between the ages of
9 and 17, who may be the subject of a family court petition
or at risk for committing wayward or disobedient acts including
truancy, running away, and violating school rules. Referrals
to the diversion program are for a maximum of 90 days and
may include counseling, family mediation, crisis intervention,
and follow-up and aftercare services as needed.
In
1998, Rhode Island established a Statewide Juvenile Hearing Board
Coordinator position, appointed by the Chief Judge of the Rhode
Island Family Court. The coordinator provides education, training,
data collection and analysis, and other supports to the juvenile
hearing boards and teen courts found in most Rhode Island cities
and towns. Originally a pilot program, the Hearing Board Coordinator
position has proven to be a successful and necessary function within
the Family Court.
The
Intake Department may decide to continue the intake process and
attempt informal adjustment.
Predisposition Investigation
Family Court Intake Departments develop the case for disposition.
There is no protocol (standard form or other tool) for this
investigation.
Victim Rights and Services
Victims of sexual offenses involving sexual penetration may
petition the court to require the juvenile delinquent to submit
to a blood test for the presence of a sexually transmitted
disease.
If
the family court places an adjudicated youth on probation, the court
may require the youth to compensate the victim for losses and pay
restitution. The attorney general or law enforcement must notify
victims of the upcoming hearing and afford them the opportunity
to be heard.
Victims
may also request the name and address of the juvenile to bring
a civil action against the juvenile and/or his or her parents
for damages sustained as a result of the crime.For more information,
visit the Rhode
Island Department of Attorney General's Victims Services Program
web page. In addition, a Victims’
Services Unit assists victims of crimes in the exercise
of their rights. The State Court Administrator administers
the Victims’ Services Unit through the Administrative
Office of State Courts.
The
Office of the Rhode
Island General Treasurer administers the crime victims
compensation program.
Probation
Supervision
The Department of Children, Youth and Families (DCYF), Division
of Juvenile Correctional Services, Juvenile Probation and
Parole Field Services, is responsible for the probation supervision
of delinquent offenders. Probation officers currently supervise
a small number of adults placed on probation by the family
court. Rhode Island's probation philosophy is two-fold: the
protection of the community and the rehabilitation of youth.
Probation
officers work out of 10 regional offices. Some offices are
in courthouses, some in DCYF's main building, and one unit
is at a police station. Although most probation officers work
during weekdays, one unit works on the weekends. Probation
officers have the ability to flex hours to accommodate working
families. There is no standard caseload size.
Probation
officers recommend the terms of probation supervision for the family
court judge's approval. Rhode Island uses a statewide risk assessment
instrument to assist in determining supervision guidelines. Probation
officers are not required to develop an individualized supervision
plan.
In
1999, the Division of Juvenile Correctional Services partnered with
the RI Department of Corrections (DOC) and the Providence Police
Department to create the Safe Streets Providence Program. Staffed
jointly by DCYF Juvenile Probation Counselors and DOC Adult Probation
Counselors and supported by Providence Police, this intensive probation
supervision program targets the highest risk probationers in the
City of Providence between the ages of 16-24.
Rhode
Island does not presently evaluate the interim or long-term effectiveness
of the supervision of juvenile offenders.
Juvenile
Probation Officer Qualifications, Certification, and Training
Juvenile Probation and Parole Counselors must have bachelor's
degrees in social work, sociology, psychology, or criminal
justice and related experience. Rhode Island certifies probation
officers, and professional certification is a requirement
for employment. The Department of Children, Youth and Families
trains probation officers in the state. Probation officers
must attend approximately 80 hours of mandatory pre-service
training and 20 hours per year of mandatory continuing training.
Juvenile Corrections Continuum
The Department of Children, Youth and Families, Division of
Juvenile Correctional Services administers the daily operations
of the state's only public institution for delinquent offenders:
the Rhode Island Training School.
Commitment
to State
At disposition, the youth is committed to the care, custody,
and control of the superintendent of the Rhode Island Training
School. Commitments are determinate or indeterminate. The
Department of Children, Youth and Families, Division of Juvenile
Correctional Services, generally makes placement decisions.
However, since there is only one public institution for delinquent
offenders, an order of commitment is in effect an order that
the juvenile be held there.
Blended
Sentencing
If
a juvenile meets specified age/offense requirements, the family
court may impose a sentence for a period in excess of the
youth's 21st birthday to an adult correctional institution,
with the period of the youth's minority to be served in the
juvenile training school. This sentence must not exceed the
maximum sentence required by statute for an adult conviction
of the offense.
This
provision is more of a blended corrections procedure in that
the juvenile serves his or her time of minority in a juvenile
facility and is transferred (upon reaching the age of majority)
to an adult facility to serve the remainder of the term.
For
more information concerning Rhode Island's blended sentencing
provisions, click here.
Direct
Placement
To be added during the next update.
Release
While the Department of Children, Youth and Families, Division of
Juvenile Correctional Services, can recommend release, by statute,
the Family Court must give final approval, after a hearing with
due notice to the parties. Release approval is based on the best
interests of the child and the safety of the public.
Aftercare/Re-entry
The Department of Children, Youth and Families, Division of Juvenile
Correctional Services, Probation and Parole Field Services provides
aftercare (called parole) services in nine satellite offices. There
are no distinctions for youths returning from state placements vs.
local placements or private placements vs. public placements.
Project
HOPE, funded through a five-year grant from the federal Substance
Abuse and Mental Health Services Administration, has allowed the
state to build on its successful Child and Adolescent Service System
Program (CASSP) to develop a more effective system of transitioning
youth from the Rhode Island Training School for Youth to their home
communities with the services and resources they need. The US Department
of Justice's Office of Juvenile Justice and Delinquency Prevention
recently indicated to the Department of Children, Youth and Families
that Project HOPE is to be identified as a promising program for
transitioning youth from correctional facilities. Please also see
the Highlight about Rhode Island's re-entry
court.
Rhode
Island is participating in the Office of Justice Program's
Serious and Violent Offender Reentry Initiative. For information
about Rhode Island's involvement, click here.
By visiting the State
Activities & Resources page, users can read about
how other states are using their grants. Descriptions of programs
for juveniles follow the descriptions of programs for adults,
where applicable.
State
Laws
Legal
Resources
Rhode Island
State Bar Association
Purpose Clauses
To read Rhode Island's purpose clauses for delinquency proceedings
and juvenile corrections, click
here.
Delinquency Jurisdiction (as of the end of the 2005
legislative session)
Lower Age: None specified
Upper Age: 17
Extended
Age of Delinquency Jurisdiction: 20
Juvenile
Transfer Laws
For information on Rhode Island's juvenile transfer laws,
click
here.
Juvenile
Justice Leadership
Rhode
Island Justice Commission
The
Rhode Island Justice Commission is the state advisory group
charged with administering funds received through the federal
Juvenile Justice Delinquency Prevention Act and monitoring
compliance with the Act's mandates.
Resources/Contacts
Administrative
Office of State Courts' Victims’ Services Unit
Rhode
Island Department of Attorney General: Juvenile Prosecution
Unit
Rhode
Island Department of Attorney General's Victims Services Unit
Rhode Island
Judiciary
Rhode
Island Justice Commission
Rhode
Island State Bar Association
Rhode Island's
Department of Children, Youth and Families
Elizabeth
Gilheeney
Juvenile Justice Specialist
Governor's Justice Commission
One Capitol Hill
Fourth Floor
Providence, RI 02908-5803
Phone: (401) 222-4494
Fax: (401) 222-1294
The
National Center for Juvenile Justice strives to make each State
Profile as accurate as possible. Please bring any errors, updates,
or additions to the attention of the State
Profiles project manager. Persons listed as state contacts are
not responsible for information contained in these profiles.
© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice
Citation: National
Center for Juvenile Justice. 2006. "Rhode Island." State Juvenile
Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.
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