Download Domestic Violence Prevention Act and more Study notes Law in PDF only on Docsity!
TITLE 12
Criminal Procedure
CHAPTER 29
Domestic Violence Prevention Act
12-29-1. Legislative purpose. – (a) The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure victims of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide.
(b) While the legislature finds that the existing criminal statutes are adequate to provide protection for victims of domestic violence, previous societal attitudes have been reflected in policies and practices of law enforcement agencies, prosecutors, and courts which have resulted in differing treatment of crimes occurring between family or household members and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies.
(c) It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the legislature that criminal laws be enforced without regard to whether the persons involved are or were married, cohabitating, or involved in a relationship.
12-29-1.1. Full faith and credit. – (a) Any protective order issued by another jurisdiction, as defined in § 12-29-2, shall be given full faith and credit throughout the state and enforced as if it were issued in the state for as long as the order is in effect in the issuing jurisdiction.
(b) A person entitled to protection under a protective order issued by another jurisdiction may file the order in the superior court, family court, or district court by filing with the court a certified copy of the order which shall be entered into the restraining order, no contact order system (R.O.N.C.O.). The person shall swear under oath in an affidavit, to the best of the person's knowledge, that the order is presently in effect as written. A law enforcement officer shall presume the validity of the order and enforce the order issued by another jurisdiction which has been provided to the law enforcement officer; provided, that the officer is also provided with a statement by the person protected by the order that the order remains in effect. Law enforcement officers shall rely on the statement by the person protected by the order.
12-29-1.2. Issuance of protective orders. – Every order of this court made pursuant to chapter 8.1 of title 8, chapter 15 of title 15, and this chapter, after proper notice and hearing, shall contain the following language:
"THIS COURT HAD JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER
WHEN IT ISSUED THIS PROTECTIVE ORDER. RESPONDENT WAS AFFORDED BOTH
NOTICE AND OPPORTUNITY TO BE HEARD IN THE HEARING THAT GAVE RISE TO THIS
ORDER. PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1994, 18 USC 2265,
THIS ORDER IS VALID AND ENFORCEABLE IN ALL FIFTY STATES, ANY TERRITORY OR
POSSESSION OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO AND TRIBAL LANDS."
12-29-2. Definitions. – (a) "Domestic violence" includes, but is not limited to, any of the following crimes when committed by one family or household member against another:
(1) Simple assault (§ 11-5-3);
(2) Felony assaults (§§ 11-5-1, 11-5-2, and 11-5-4);
(3) Vandalism (§ 11-44-1);
(4) Disorderly conduct (§ 11-45-1);
(5) Trespass (§ 11-44-26);
(6) Kidnapping (§ 11-26-1);
(7) Child-snatching (§ 11-26-1.1);
(8) Sexual assault (§§ 11-37-2, 11-37-4);
(9) Homicide (§§ 11-23-1 and 11-23-3);
(10) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the penalty for its violation or a violation of a no contact order issued pursuant to § 12-29-4;
(11) Stalking (§§ 11-59-1 et seq.);
(12) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14);
(13) Burglary and Unlawful Entry (§ 11-8-1 et seq.);
(14) Arson (§ 11-4-2 et seq.);
(15) Cyberstalking and cyberharassment (§ 11-52-4.2);
(16) Domestic assault by strangulation § 11-5-2.3; and
(17) Electronic tracking of motor vehicles (§ 11-69-1).
(b) "Family or household member" means spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or if persons who are or have been in a substantive dating or engagement relationship within the past one year which shall be determined by the court's consideration of the following factors:
(4) If an arrest without warrant cannot be made pursuant to this section, the officer shall advise the victim of the right to file a criminal complaint and shall seek a warrant for arrest if there is probable cause to do so.
(c) When more than one family or household member involved in a domestic violence incident states a complaint, the officer shall investigate each complaint to determine whether there is probable cause to believe a crime has been committed. The officer shall not dismiss the incident by presuming two (2) party guilt.
(2) When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor.
(d) A law enforcement officer shall not be held liable for false arrest in any civil action, for an arrest based on probable cause or for enforcement in good faith of a court order issued pursuant to this chapter or pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8.
(e) It shall be the responsibility of the law enforcement officer at the scene of a domestic violence incident to provide immediate assistance to the victim. This assistance shall include, but not be limited to:
(1) Assisting the victim to obtain medical treatment if treatment is required, including transportation to an emergency medical treatment facility;
(2) Giving the victim notice of her or his right to obtain a protective order in family court pursuant to chapter 15 of title 15 or district court pursuant to chapter 8.1 of title 8 as appropriate according to the relationship of the parties. This notice shall be provided by handing the victim a copy of the following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian, Vietnamese, and French and by reading the notice to that person when possible:
"If you are in need of medical treatment, you have the right to have the officer present drive you to the nearest hospital or otherwise assist you.
"If you believe that police protection is needed for your physical safety, you have the right to have the officer present remain at the scene until you and your children can leave or until your safety is otherwise obtained.
"You have the right to file a criminal complaint with the responding officer or your local police department if the officer has not arrested the perpetrator.
"Married/blood relatives/children in common. If your attacker is your spouse, former spouse, person to whom you are related by blood or marriage, or if you are not married to your attacker, but have a child in common, you have the right to go to family court and ask the court to issue:
(i) An order restraining your attacker from abusing you or your minor child;
(ii) An order awarding you exclusive use of your domicile; and
(iii) An order awarding you custody of your minor child(ren).
"Unmarried. If you are not married or related to your attacker, but have resided with him or her within the past three (3) years, or you or your attacker are in or have been in a substantive dating or engagement relationship within the past one year, you have the right to go to district court and request:
(i) An order restraining your attacker from abusing you; and
(ii) An order directing your attacker to leave your household, unless he or she has the sole legal interest in the household;"
(3) Informing the victim of available services; and
(4) In cases where the officer has determined that no cause exists for an arrest, assistance shall also include:
(i) Remaining at the scene as long as there is danger to the safety of the person or until the person is able to leave the dwelling. The officer shall transport the person if no reasonable transportation is available; and
(ii) Informing the person that she or he has the right to file a criminal complaint with the responding officer or the local police department.
(f) An officer responding to a domestic violence call shall complete a domestic violence report pursuant to § 12-29-8.
(g) It shall be the responsibility of the attorney general to develop a model Uniform Policy for Police Response to Domestic Violence which is consistent with the provisions of this section. This written policy shall be developed after conferring with the staff of the department of human services' domestic violence unit and with the council on domestic violence and shall be made available to any law enforcement agency.
(2) Each law enforcement agency shall develop a Policy for Police Response to Domestic Violence which is consistent with the Uniform Policy for Police Response to Domestic Violence developed by the attorney general and shall file a copy of the policy with the attorney general within sixty (60) days of receiving the model policy.
12-29-4. Restrictions upon and duties of court. – (a) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when a person is charged with or arrested for a crime involving domestic violence, that person may not be released from custody on bail or personal recognizance before arraignment without first appearing before the court or bail commissioner. The court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person charged or arrested from having contact with the victim.
(2) At the time of arraignment or bail hearing the court or bail commissioner shall determine whether a no-contact order shall be issued or extended.
(3) Willful violation of a court order issued under subdivision (1), (2), or as part of disposition of this subdivision of this subsection is a misdemeanor. The written order releasing the person
§ 12-29-5 Disposition of domestic violence cases. [Effective January 1, 2017.].
(a) Every person convicted of, or placed on probation for, a crime involving domestic violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge to attend, at his or her own expense, a batterer's intervention program appropriate to address his or her violent behavior; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans' Administration. This order shall be included in the conditions of probation. Failure of the defendant to comply with the order shall be a basis for violating probation and/or the provisions of § 12-10-12. This provision shall not be suspended or waived by the court.
(b) Every person convicted of, or placed on probation for, a crime involving domestic violence, as enumerated in § 12-29-2 or whose case if filed pursuant to § 12-10-12 where the defendant pleads guilty or nolo contendere, in addition to other court costs or assessments imposed, shall be ordered to pay a one hundred twenty-five dollar ($125) assessment. Eighty percent (80%) of the assessment collected pursuant to this section shall be provided to the Rhode Island Coalition Against Domestic Violence for programs to assist victims of domestic violence and twenty percent (20%) of the assessment shall be deposited as general revenue.
(c)(1) Every person convicted of an offense punishable as a misdemeanor involving domestic violence as defined in § 12-29-2 shall:
(i) For a second violation be imprisoned for a term of not less than ten (10) days and not more than one year.
(ii) For a third and subsequent violation be deemed guilty of a felony and be imprisoned for a term of not less than one year and not more than ten (10) years.
(2) No jail sentence provided for under this section can be suspended.
(3) Nothing in this subsection shall be construed as limiting the discretion of the judges to impose additional sanctions authorized in sentencing.
(d) For the purposes of this section, "batterers intervention program" means a program which is certified by the batterers intervention program standards oversight committee according to minimum standards, pursuant to §§ 12-29-5.1, 12-29-5.2, and 12-29-5.3.
(e) For purposes of this section, "servicemember" means a person who is presently serving in the armed forces of the United States, including the Coast Guard, a reserve component thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, including the Coast Guard of the United States, a reserve component thereof, or the National Guard, and has been discharged under other than dishonorable conditions.
(f) The court shall indicate on every record of conviction or a plea of nolo contendere for an offense punishable as a felony involving domestic violence, as defined in § 12-29-2, that the defendant is prohibited under §§ 11-47-5 and 11-47-5.3 from purchasing, owning, carrying, transporting, or having in their possession, any firearm(s). The court shall inform the defendant
of their prohibited status and shall order the defendant to surrender any firearm(s) in their ownership, possession, care, custody or control in accordance with § 11-47-5.3.
(g) No proceeds shall be provided to any person if the firearm(s) is destroyed pursuant to this section.
(h) Any firearm(s) used in the commission of the offense leading to the conviction pursuant to this section shall be forfeited to the state upon conviction.
12-29-5.1. Oversight committee created – Composition. – (a) There is created a batterers intervention standards oversight committee, referred to in this chapter as the committee pursuant to the provisions of § 12-29-5.
(b) The committee shall meet no fewer than four (4) times per year at the call of the chairperson or upon petition of a majority of committee members.
(c) The committee shall consist of thirteen (13) members to be appointed as follows: The director of the department of corrections or his or her designee who shall serve as chairperson of the committee; the director of the Rhode Island justice commission or his or her designee; the executive director of the Rhode Island Coalition Against Domestic Violence or his or her designee; a representative from the law enforcement community appointed by the chairperson of the Rhode Island Police Chiefs Association; the attorney general or his or her designee; the director of Justice Assistance or his or her designee; a qualified elector of this state appointed by the governor; the director of the domestic violence training and monitoring unit or his or her designee; the chief justice of the supreme court or his or her designee; the director of the department of health or his or her designee; a representative of a batterers intervention program appointed by the director of the Rhode Island Coalition Against Domestic Violence; the chief judge of the district court or his or her designee; and the director of the Urban League of Rhode Island or his or her designee.
(d) Each member of the committee may appoint a permanent designee to attend committee meetings in his or her absence. A quorum of the committee shall consist of a majority of its members.
12-29-5.2. Duties and responsibilities of committee. – (a) The committee shall have the duties and responsibilities to:
(1) Establish and promulgate minimum standards for batterers intervention programs serving persons mandated pursuant to § 12-29-5, revise the standards as is deemed necessary, and make the standards available to the public, provided that the standards shall include, but not be limited to, the following:
(i) Batterers intervention programs shall be conducted in the context of psycho-educational groups, i.e., groups of domestic violence perpetrators led by one or more professional group leaders trained and experienced in batterers intervention programming and conducted for the purposes of learning and enacting non-abusive behaviors through didactic instruction, interaction among participants and leaders, and teaching of skills within the groups;
(ii) The duration of batterers intervention programs shall be a minimum of forty (40) contact hours over the course of twenty (20) weeks;
(4) Legal duties imposed on police officers to make arrests and to offer protection and assistance; and
(5) Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and promote the safety of the victim.
(b) Each law enforcement agency shall provide four (4) hours of in-service training to its officers on issues of domestic violence. This training shall stress the enforcement of criminal law in domestic violence cases and shall include:
(1) The nature, extent and causes of domestic violence;
(2) Legal rights of and remedies available to victims of domestic violence;
(3) Services and facilities available to victims and batterers;
(4) Legal duties imposed on police officers to make arrests and to offer protection and assistance; and
(5) Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and promote the safety of the victim.
(c) There is established within the court system a domestic violence training and monitoring unit, whose responsibilities shall include:
(1) Development of curricula for recruit and in-service training of law enforcement personnel;
(2) Delivery of that curricula at in-service trainings and at the academies;
(3) Development and delivery of training for medical providers concerning the requirements of this section;
(4) Development and delivery of training for probation officers in screening abusers for appropriate counseling; and
(5) Development of forms, as required in §§ 12-29-8 and 12-29-9, and development of any other assessment tools that are necessary to monitor the implementation of this chapter.
(d) The administrative office of the supreme court shall establish an ongoing training program for judges, court personnel, bail commissioners, and clerks to inform them of the policies and procedures of this chapter.
12-29-6.1. Creation of domestic violence training and monitoring unit. – There is created the domestic violence training and monitoring unit, which shall be administered under the direction of the state court administrator.
1 2-29-7. Domestic abuse court advocacy project. – (a) There is established within the court system a domestic abuse court advocacy project to provide the services as set forth in subsection (b) of this section. The administrator of the court system may contract with a
nonprofit agency or organization which has a demonstrated record of service to victims of domestic violence for the purpose of operating the project.
(b) The responsibilities of the project shall include, but not be limited to:
(1) Advising victims of domestic violence crimes of their rights pursuant to chapter 28 of this title, and assisting victims in securing those rights;
(2) Informing victims of the availability of protective orders and assisting victims in obtaining those orders as appropriate;
(3) Referring victims to shelter services, counseling, and other social services, as appropriate; and
(4) Monitoring the justice system's response to and treatment of victims of domestic violence crimes.
(c) The project shall assure coordination with other victims services programs, shelters, and other organizations or agencies offering services to victims of domestic abuse.
12-29-8. Domestic violence reports. – (a) A law enforcement officer who responds to or investigates a domestic violence incident shall complete a domestic violence report, whether or not an arrest occurs.
(b) For the purpose of establishing accurate data on the extent and severity of domestic violence in the state and on the degree of compliance with the requirements of § 12-29-3, the domestic violence training and monitoring unit of the court system shall prescribe a form for making domestic violence reports. The form shall include, but is not limited to, the following information:
(1) Name of the parties;
(2) Relationship of the parties;
(3) Sex of the parties;
(4) Date of birth of the parties;
(5) Time and date of the incident;
(6) Whether children were involved or whether the alleged act of domestic violence was committed in the presence of children;
(7) Type and extent of the alleged abuse;
(8) Number and types of weapons involved;
(9) Existence of any prior court order; and
(vii) Whether medical attention or hospitalization is required;
(viii) Whether the victim has previously sustained injuries as a result of family violence;
(ix) Action taken;
(x) Source of the report;
(xi) Address of the reporter.
(2) The report shall not contain the name of the parties nor any other identifying information.
(b) A report shall be completed for any victim being treated for injuries which the victim states resulted from domestic violence or which the mandated medical provider has reasonable cause to believe resulted from domestic violence.
(c) The report shall be submitted to the unit on a quarterly basis for quarters ending on September 30, December 31, March 31, and June 30.
12-29-10. Severability. – If any provision of this chapter or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
12-29-11. Repealed.
