§ 11-25-16.1. Escape after certification.
(a) Any person who violates the provisions of § 11-25-16 after having been certified and adjudicated by the family court pursuant to § 14-1-7.2 may, after a hearing by a justice of the family court to determine that probable
cause exists to believe that the child has escaped from the institution, have the
jurisdiction over his or her sentence transferred to the department of corrections
to be served in facilities under the control of the department.
(b) A finding pursuant to subsection (a) of this section shall constitute presumptive
evidence of the nonamenability of the person
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§ 11-25-16.1. Escape after certification.
(a) Any person who violates the provisions of § 11-25-16 after having been certified and adjudicated by the family court pursuant to § 14-1-7.2 may, after a hearing by a justice of the family court to determine that probable
cause exists to believe that the child has escaped from the institution, have the
jurisdiction over his or her sentence transferred to the department of corrections
to be served in facilities under the control of the department.
(b) A finding pursuant to subsection (a) of this section shall constitute presumptive
evidence of the nonamenability of the person of further treatment in facilities available
to the family court. The court shall transfer the jurisdiction over his or her sentence
to the department of corrections to be served in facilities under the control of that
department, unless the presumption is rebutted by clear and convincing evidence which
demonstrates that the person is amenable to treatment in facilities available to the
family court.
(c) A finding pursuant to subsection (a) of this section shall constitute presumptive
evidence of the nonamenability of the person to further treatment in facilities available
to the family court and the court shall waive jurisdiction over the offense and all
subsequent offenses. The child shall be prosecuted for those offenses by the court
which would have jurisdiction if committed by an adult, unless the presumption is
rebutted by clear and convincing evidence which demonstrates that the person is amenable
to treatment in the facilities available to the family court.
(d) A waiver of jurisdiction over a child pursuant to subsection (c) of this section shall
constitute a waiver of jurisdiction over the child for that offense, as well as for
all subsequent offenses of whatever nature. The child shall be referred to the court
which would have had jurisdiction if the offense had been committed by an adult.