Section 230-RICR-30-40-1.11 - Civil ArrestsA. Any Certified Constable or Certified Constable applicant seeking to effect civil arrests shall provide such information on his or her application in accordance with § 1.5(B)(6) of this Part or on his or her renewal application in accordance with § 1.6(A)(4) of this Part, and shall provide a minimum notice to the Department of at least ten (10) days if the Certified Constable or Certified Constable applicant is amending his or her response to the most recent original or renewal application.B. When executing a writ of civil arrest, a Certified Constable shall endeavor to arrange a meeting with the subject of the civil arrest at the applicable court, whereupon the Certified Constable shall immediately request the civil arrest be recognized and heard by the appropriate judicial authority.C. When it is not reasonable to arrange a courthouse meeting with the subject of a civil arrest, the Certified Constable effectuating the civil arrest shall make every attempt to effectuate the civil arrest with the assistance of another Certified Constable.D. Pursuant to R.I. Gen. Laws § 10-10-6, a Certified Constable shall not attempt to or effectuate a civil arrest for a person who is in active military service or who has already been arrested and/or released on the same attachment.E. Pursuant to R.I. Gen. Laws §§ 9-5-25 and 10-10-5, a Certified Constable shall not effectuate a civil arrest on a person entitled to vote on Election Day, nor shall a Certified Constable effectuate a civil arrest on such a person on the day preceding or subsequent to Election Day.230 R.I. Code R. 230-RICR-30-40-1.11
Adopted effective 2/24/2022
Amended effective 3/28/2022