(a) Initiation of Proceedings.(1) If any child is charged with an offense which would be punishable by life imprisonment if committed by an adult, that child, upon motion of the Attorney General, shall be brought before the court and the court shall conduct a waiver hearing pursuant to G.L. 1956 §14-1-7.1.(2) If any child sixteen (16) years of age or older is charged with an offense which would constitute a felony if committed by an adult, that child, upon motion of the Attorney General, shall be brought before the court and the court shall conduct a waiver hearing pursuant to G.L. 1956 § 14-1-7.1.(3) A motion for waiver shall be filed with the court within thirty (30) days of arraignment.(4) In any hearing on a motion for waiver, the court may consider whether the child may be alternatively certified pursuant to G.L. 1956 § 14-1-7.2 and Rule 14.(b) Proof.(1) At a waiver hearing, the Attorney General shall have the burden of producing evidence to enable the court to determine whether:(A) Probable cause exists to believe that the offense charged has been committed and that the child charged has committed the offense, unless the proof has been elicited at a prior hearing on detention of the juvenile and the findings required by this rule have been made by the same judicial officer of the court who is conducting the waiver proceedings; and(B)The child's history of offenses, history of treatment, or the heinous or premeditated nature of the offense is such that the interest of society or the protection of the public necessitates the waiver of jurisdiction over the child.(2) If the court finds that subdivisions (b)(1)(A) and (b)(1)(B) of this rule have been proven by a preponderance of evidence, the court may waive jurisdiction over the child and refer the child to the appropriate court to be tried for the offense as an adult.(c) Standards for Determining Waiver of Jurisdiction. In determining whether to waive jurisdiction, the court will be guided by the following standards, either one of which may serve as a sufficient basis for waiver: (1) Treatability of the child, i.e. whether there are reasonable prospects for rehabilitating the child by the use of facilities currently available to the court in a private facility, a community facility, or a juvenile institution; or(2) Protection of the public, i.e., whether there are reasonable prospects for adequately protecting the public by use of facilities currently available to the court.(d) Relevant Factors. For purposes of applying the standards set forth in subdivision (c) of this rule, the following nonexclusive list of factors are relevaEffect of Further Charge after Certification and Adjudicationnt and may be considered by the court: (1) The child's prior delinquent and wayward acts and the nature of the child's conduct therein;(2) The nature of the child's alleged conduct in connection with the current charge, to the extent that: (A) Such alleged conduct would form a pattern of anti-social conduct that seems beyond the rehabilitative reach of the facilities available to the court; or(B) Such alleged conduct indicates that the child is dangerous to the public (dangerous to be measured in light of circumstances surrounding the alleged conduct, such as aggressiveness and the nature of the reasonably foreseeable consequences);(3) The child's age, to the extent that a length of time beyond the limits of the court's jurisdiction is required for reasonable prospects of the child's rehabilitation;(4) The child's attitude, to the extent that the child's attitude bears on the child's willingness to cooperate with the court's rehabilitative efforts;(5) The child's family environment (including the degree of care, supervision, and support the family environment provides the child), to the extent that family support is essential to the court's rehabilitative program;(6) The child's prior contact with rehabilitative facilities available to the court, in the community and in juvenile institutions, in terms of the extent and apparent rehabilitative impact of such contacts;(7) The child's educational history;(8) The child's medical health, mental health, and cognitive abilities as these factors may bear on the treatability of the child or the public safety;(9) The child's age or mental maturity and the impact of the foregoing on the determination of the child's culpability for the offense; and(10) Any other factors deemed relevant by the court to assist in assessing the best interest of the child and public safety concerns.(e) Decision; Findings; Order. If, after the waiver hearing, the court orders the case to be transferred to the criminal jurisdiction of another court, the court: (1) Shall make and enter specific findings supporting the court's decision and the reasons therefor;(2) Shall enter an order transferring jurisdiction over such child to the appropriate court; and(3) May order the child remanded to custody pending initiation of proceedings in an appropriate court.(f) Effect of Order Waiving Jurisdiction. An order waiving jurisdiction over a child shall: (1) Constitute a waiver of jurisdiction over that child for the offense upon which the motion is based as well as for all pending and subsequent offenses of whatever nature;(2) Require referral of the child to the court which would have had jurisdiction if the offense had been committed by an adult; and(3) Be vacated in the event that the child is acquitted of the offense for which the waiver had been sought.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.