Rhode Island § 12-7-12 § 12-7-12. Release of arrested person by officer.

Rhode Island Statutes

§ 12-7-12 — § 12-7-12. Release of arrested person by officer.

Rhode Island § 12-7-12

Title 12Criminal Procedure

Ch. 12-7Arrest

This text of Rhode Island § 12-7-12 (§ 12-7-12. Release of arrested person by officer.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 12-7-12 (2026).

Text

§ 12-7-12. Release of arrested person by officer.
(a) The officer in charge of any police station shall consider the release of any person
            in his or her station who has been arrested without a warrant:
         
(1) Without requiring the person to appear in court, when the officer is satisfied that
            there is no ground for making criminal complaint against the person or when the person
            has been arrested for drunkenness but in the judgment of the officer need not be brought
            before a magistrate; or
         
(2) If the arrest is for a misdemeanor, upon that person signing an agreement to appea

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§ 12-7-12. Release of arrested person by officer.

(a) The officer in charge of any police station shall consider the release of any person in his or her station who has been arrested without a warrant:

(1) Without requiring the person to appear in court, when the officer is satisfied that there is no ground for making criminal complaint against the person or when the person has been arrested for drunkenness but in the judgment of the officer need not be brought before a magistrate; or

(2) If the arrest is for a misdemeanor, upon that person signing an agreement to appear in court at a designated time.

(b) Any officer with custody of a person who has been arrested or detained without a warrant may recognize that the person suffers from a serious mental illness and may release and refer the person to the nearest appropriate inpatient mental health facility or outpatient treatment program.

Legislative History

G.L. 1909, ch. 354, § 75; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 75; G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-12; P.L. 2017, ch. 342, § 2; P.L. 2017, ch. 353, § 2.