Rule 14 - Certification Hearing(a) Initiation of Proceedings.(1) If any child is charged with an offense which would constitute a felony if committed by an adult, upon motion by the Attorney General, that child shall be brought before the court and the court shall conduct a certification hearing pursuant to G.L. 1956 § 14-1-7.2.(2) A motion for certification shall be filed with the court within thirty (30) days of arraignment.(b) Proof. At a certification hearing, the Attorney General shall have the burden of producing evidence to enable the court to determine whether: (1) 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 child and the findings required by this rule have been made by the same judicial officer of the court who is conducting the certification proceeding;(2) The child's past 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 certification; and(3) The jurisdiction of the court, but for the exercise of certification, is in all likelihood an insufficient period of time in which to accomplish a rehabilitation of the child.(c) Decision.(1) If the court finds that subdivision (b) has been proven by a preponderance of evidence, the court shall certify the child in accordance with to G.L. 1956 § 14-1-7.3.(2) If the court finds that a child sixteen (16) years of age or older has been found delinquent for having committed two (2) offenses after the age of sixteen (16) which would render the child subject to an indictment if the child were an adult, the court shall certify the child in accordance with to G.L. 1956 § 14-1-7.3(d) Effect of Certification. Upon a finding by the court that a child is subject to certification, the court shall afford the child a right to a jury trial unless the child in open court waives a jury trial in writing with the approval of the court.(e) Conduct of the Trial. In the conduct of a trial under this rule, the procedure shall follow that set forth in the Family Court Rules of Criminal Procedure.(f) Sentencing. Upon conviction for the offense charged, the court shall sentence the child in accordance with one of the following alternatives: (1) Impose a sentence upon the child to the Rhode Island Training School until the time that the child attains the age of nineteen (19) years; or(2) Impose a sentence upon the child for a period in excess of the child's nineteenth birthday to the Adult Correctional Institutions, with the period of the child's minority to be served at the Rhode Island Training School in a facility to be designated by the court. However, the sentence shall not exceed the maximum sentence provided for by statute for conviction of the offense.(g) Release. Any child who is certified shall not be eligible for release from the Rhode Island Training School unless, after hearing, the certifying judicial officer, or in the absence of the certifying judicial officer, the chief judge or a designee, determines by clear and convincing evidence that the child will not pose a threat to the public during the term of the release.(h) Review of Sentence for a Period in Excess of Child's Nineteenth Birthday. In any case where a child has been sentenced for a period in excess of the child's nineteenth birthday, the court shall schedule a review of the child's case thirty (30) days prior to the child's eighteenth birthday or thirty (30) days prior to the one-year anniversary of the imposition of the sentence, whichever is greater. (1) The Attorney General shall notify the victim or victims of the crime for which the juvenile was certified and adjudicated of the pendency of the hearing.(2) The court shall afford the victim or victims of the crime for which the juvenile was certified an opportunity to be heard.(3) The court may suspend, but not vacate, the balance of the sentence upon proof by clear and convincing evidence that demonstrates that:(A) The child has made sufficient efforts at rehabilitation; and(B) The modification of the order of certification would not pose a threat to the safety of the public.(4) In the event that the court, after a hearing, determines that the respondent has failed to demonstrate by clear and convincing evidence that the child has made sufficient efforts at rehabilitation and that modification of the order of certification would pose a threat to the safety of the public, the court shall order either that: (A) The child be remanded to the Rhode Island Training School until further hearing to be held no later than one (1) year thereafter in accordance with subsection (g) of this rule; or(B) The jurisdiction of the sentence be transferred to the Department of Corrections and that the balance of the sentence be served in facilities under the control of the department.(i) Modification Upon Motion. Upon motion by the Attorney General or the Department of Children, Youth, and Families alleging that the child certified poses a serious threat to the safety of the public, other residents at the Rhode Island Training School, or the school's staff, the court shall conduct a hearing to consider modification of the order of certification. Upon a finding by clear and convincing evidence that the child poses such a threat then the court may order that the jurisdiction of the sentence be transferred to the Department of Corrections and that the balance of the sentence be served in facilities under control of the department.(j) Effect of Further Charge after Certification and Adjudication.(1) After a hearing resulting in a finding that probable cause exists to believe that a child who was previously certified and adjudicated committed another offense which would be punishable as a felony if committed by an adult, the court may transfer jurisdiction over the adjudicated offense to the Department of Corrections to be served in facilities under the control of the department.(2) A finding that a child who was previously certified and adjudicated committed another offense which subjects that child to certification, shall constitute presumptive evidence of the non-amenability of the child to further treatment in facilities available to the court: (A) Unless the presumption is rebutted by clear and convincing evidence, the court shall transfer the jurisdiction over the child's existing sentence to the Department of Corrections to be served in facilities under the control of the department; and(B) Unless the presumption is rebutted by clear and convincing evidence, the court shall waive jurisdiction over the offense charged and all subsequent offenses to the court which would have jurisdiction if the charged offense were committed by an adult.(3) A waiver of jurisdiction over a child pursuant to the previous subsection shall constitute a waiver of jurisdiction over that child for that offense and for all subsequent offenses of whatever nature, and the child shall be referred to the court which would have had jurisdiction if the offense had been committed by an adult.(k) Public Information. The name of any child certified and convicted shall be available to the public upon the child's nineteenth birthday or the child's transfer to the Adult Correctional Institutions, whichever occurs first.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.