reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-8. - Taxing and execution for costs on discharge of respondent.

§ 12-6-8. Taxing and execution for costs on discharge of respondent.
Whenever any complaint shall be tried before a district court in which the complainant is required to recognize with surety, and the respondent is discharged, the district court shall immediately tax all the costs for which the complainant is liable; and if the costs are not paid within ten (10) days, execution for the costs shall issue against the complainant and his or her surety returnable in twenty (20) days from the date of execution.
History of Section.
C.P.A. 1905, § 164; G.L. 1909, ch. 281, § 17; G.L. 1923, ch. 331, § 17; G.L. 1938, ch. 501, § 17; G.L. 1956, § 12-6-8.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-1. - Temporary detention of suspects.

§ 12-7-1. Temporary detention of suspects.
A peace officer may detain any person abroad whom he or she has reason to suspect is committing, has committed, or is about to commit a crime, and may demand of the person his or her name, address, business abroad, and destination; and any person who fails to identify himself or herself and explain his or her actions to the satisfaction of the peace officer may be further detained and further questioned and investigated by any peace officer; provided, in no case shall the total period of the detention exceed two (2) hours, and the detention shall not be recorded as an arrest in any official record. At the end of the detention period the person so detained shall be released unless arrested and charged with a crime.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-2. - Search of detained person for weapons.

§ 12-7-2. Search of detained person for weapons.
A peace officer may search for a dangerous weapon any person he or she is questioning or about to question concerning any crime or suspected crime, whenever the officer reasonably believes that he or she is in danger from the person carrying a weapon, and if the person is carrying a dangerous weapon, an officer may take and keep it until the completion of questioning, when he or she shall either return it or arrest the person.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-3. - Arrest without warrant for misdemeanor or petty misdemeanor.

§ 12-7-3. Arrest without warrant for misdemeanor or petty misdemeanor.
A peace officer may, without a warrant, arrest a person if the officer has reasonable cause to believe that the person is committing or has committed a misdemeanor or a petty misdemeanor, and the officer has reasonable ground to believe that person cannot be arrested later or may cause injury to himself or herself or others or loss or damage to property unless immediately arrested.
History of Section.
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, § 12-7-3; P.L. 1977, ch. 71, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-4. - Arrest without warrant for felony.

§ 12-7-4. Arrest without warrant for felony.
A peace officer may, without a warrant, arrest a person for a felony, whenever:
(1)
The officer has reasonable ground to believe that a felony has been or is being committed and that the person to be arrested has committed or is committing it.
(2)
The person to be arrested in fact has committed or is committing a felony; and in that case it shall be immaterial that the officer did not believe him or her guilty or on unreasonable ground entertained belief in his or her guilt.
History of Section.
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, § 12-7-4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-5. - Arrest on improper ground.

§ 12-7-5. Arrest on improper ground.
If a lawful cause of arrest exists, the arrest shall be lawful even though the officer made the arrest on an improper ground.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-5.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-6. - Arrest on warrant not in possession of arresting officer.

§ 12-7-6. Arrest on warrant not in possession of arresting officer.
A peace officer may, without having a warrant in his or her possession, arrest any person for whose arrest a warrant has been issued, but after arrest, the warrant shall be shown to him or her as soon as practicable.
History of Section.
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, § 12-7-6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-7. - Methods of arrest.

§ 12-7-7. Methods of arrest.
An arrest is made by the restraint of the person to be arrested or by his or her submission of his or her person to the custody of the person making the arrest.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-8. - Restraint and force used.

§ 12-7-8. Restraint and force used.
No greater restraint than is necessary shall be used for the detention of any person, and no unnecessary or unreasonable force shall be used in making an arrest.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-8.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-9. - Conditions justifying force dangerous to life.

§ 12-7-9. Conditions justifying force dangerous to life.
A police officer may use force dangerous to human life to make a lawful arrest for committing or attempting to commit a felony, whenever he or she reasonably believes that force dangerous to human life is necessary to effect the arrest and that the person to be arrested is aware that a peace officer is attempting to arrest him or her.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-10. - Resisting legal or illegal arrest.

§ 12-7-10. Resisting legal or illegal arrest.
(a)
It shall be unlawful for any person to use force or any weapon in resisting a legal or an illegal arrest by a peace officer, if the person has reasonable ground to believe that he or she is being arrested and that the arrest is being made by a peace officer.
(b)
Any person violating the provisions of this section shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or by both fine and imprisonment.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-10; P.L. 1980, ch. 351, § 1; P.L. 1985, ch. 114, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-11. - Summons.

§ 12-7-11. Summons.
(a)
In any case in which a peace officer has reasonable grounds to believe that a person has committed or is committing a misdemeanor, he or she may issue a summons to the person substantially in the following form:
(Summons)
STATE OF RHODE ISLAND
To ................................
You are hereby summoned to appear before a judge of the District Court for the ......................... Division, located at .................. in the (City)(Town) of .................. , in the State of Rhode Island, on the ....... day of .................. , 20 ..... at ........ o'clock ........ m., to answer to a complaint charging you with the crime of ........ in violation of [statute, ordinance, etc.]
If you fail to appear and answer, a warrant will issue for your arrest.
Dated at ........ the ....... day of ............... 20 .....
Title .......................
Department ...............
(b)
Willful failure to appear in answer to this summons may be punished by a fine of not over fifty dollars ($50.00) or imprisonment for not over fifteen (15) days.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-11; P.L. 1972, ch. 169, § 16; P.L. 1977, ch. 66, § 1; P.L. 2021, ch. 77, § 12, effective June 23, 2021; P.L. 2021, ch. 78, § 12, effective June 23, 2021.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-12. - Release of arrested person by officer.

§ 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.
History of Section.
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.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-14. - Punitive damages for false arrest or imprisonment.

§ 12-7-14. Punitive damages for false arrest or imprisonment.
In an action for false arrest or false imprisonment, the plaintiff, if successful, may be awarded punitive damages in addition to compensatory damages.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-14.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-15. - Severability.

§ 12-7-15. Severability.
If any part of §§ 12-7-1 — 12-7-14 is for any reason declared void, its invalidity shall not affect the remaining portions of those sections.
History of Section.
G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-15.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-16. - Arrest or seizure after commission of offense.

§ 12-7-16. Arrest or seizure after commission of offense.
The authority given to any one to arrest any person or seize anything, while the person is actually engaged or the thing is actually used or employed in the commission of any offense, shall not be so construed as to prevent, if not so arrested or seized, the arrest of the person or the seizure of the thing after the commission of the offense, upon due process of law.
History of Section.
G.L. 1896, ch. 285, § 64; G.L. 1909, ch. 354, § 64; G.L. 1909, ch. 354, § 76; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 76; G.L. 1938, ch. 625, § 69; G.L. 1956, § 12-7-16.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-17. - Arrest of escapees and parole violators without warrant.

§ 12-7-17. Arrest of escapees and parole violators without warrant.
The director of the department of corrections, the warden of the adult correctional institutions, any superintendent or employees connected with any institution under the management and control of the department of corrections, or any police officer or town constable, may arrest, without a warrant, any person who has escaped from any institution, or who, being absent from the institution on parole, has violated the conditions of the parole, for the purpose of returning the person to the institution from which the escape was made or from which the parole was granted.
History of Section.
P.L. 1922, ch. 2208, § 1; G.L. 1923, ch. 394, § 23; G.L. 1938, ch. 605, § 23; impl. am. P.L. 1939, ch. 660, § 80; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-7-17; P.L. 1973, ch. 173, § 1; P.L. 2015, ch. 260, § 22; P.L. 2015, ch. 275, § 22.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-18. - Temporary detention powers of National Guard.

§ 12-7-18. Temporary detention powers of National Guard.
A National Guard member of the rank of sergeant or higher who is on emergency state duty pursuant to the call of the governor may detain any person abroad who he or she has reason to suspect is committing, has committed, or is about to commit a crime, and may demand of the person his or her name, address, business abroad, and destination; and any person who fails to identify himself or herself and explain his or her actions to the satisfaction of the national guard member may be further detained and further questioned and investigated by the peace officer; provided, in no case shall the total period of the detention exceed two (2) hours, and the detention shall not be recorded as an arrest in any official record. At the end of the detention period the person so detained shall be released unless arrested and charged with a crime.
History of Section.
P.L. 1973, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-19. - Arrest after close pursuit by officers from cities or towns.

§ 12-7-19. Arrest after close pursuit by officers from cities or towns.
Any member of a duly organized municipal peace unit of another city or town of the state who enters any city or town in close pursuit and continues within any city or town in such close pursuit of a person in order to stop him or her for a suspected violation of any provision of the motor vehicle code committed in the other city or town, shall be vested with all of the same authority as a member of a duly organized municipal peace unit of the city or town.
History of Section.
P.L. 1974, ch. 191, § 1; P.L. 2016, ch. 469, § 1; P.L. 2016, ch. 474, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-20. - Right to use telephone for call to attorney — Bail bondsperson.

§ 12-7-20. Right to use telephone for call to attorney — Bail bondsperson.
Any person arrested under the provisions of this chapter shall be afforded, as soon after being detained as practicable, not to exceed one hour from the time of detention, the opportunity to make use of a telephone for the purpose of securing an attorney or arranging for bail; provided, that whenever a person who has been detained for an alleged violation of the law relating to drunk driving must be immediately transported to a medical facility for treatment, he or she shall be afforded the use of a telephone as soon as practicable, which may exceed one hour from the time of detention. The telephone calls afforded by this section shall be carried out in such a manner as to provide confidentiality between the arrestee and the recipient of the call.
History of Section.
P.L. 1989, ch. 122 § 1; P.L. 1991, ch. 242, § 1; P.L. 2011, ch. 363, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-7 - Arrest › Section 12-7-21. - “Peace officer” defined.

§ 12-7-21. “Peace officer” defined.
“Peace officer,” as used within this chapter, means the following individuals or members of:
(1)
Rhode Island state police;
(2)
Any member of a municipal or local police department;
(3)
Rhode Island airport corporation police;
(4)
Rhode Island park police;
(5)
Rhode Island capitol police;
(6)
Rhode Island conservation officers;
(7)
Rhode Island department of environmental management officers;
(8)
Rhode Island fire marshals;
(9)
Brown University police officers;
(10)
University of Rhode Island campus police officers;
(11)
Rhode Island College campus security;
(12)
Campus security at the Community College of Rhode Island;
(13)
Rhode Island sheriff’s department;
(14)
The investigators of the department of attorney general appointed pursuant to § 42-9-8.1;
(15)
Any federal law enforcement officer;
(16)
Correctional investigators, chief inspector and inspectors within the office of inspections, and correctional officers of the Rhode Island department of corrections;
(17)
The witness protection coordinator of the department of attorney general;
(18)
The warden, associate wardens, majors, captains, lieutenants, sergeants, correctional officers and investigators employed by a project operated by a municipal detention facility corporation, including, but not limited to, the Donald W. Wyatt Detention Facility; provided, such parties listed in this subsection (18) herein shall be deemed to be peace officers while in performance of their duties for the municipal detention facility only, and shall not be deemed to be peace officers at any time when they are not in performance of said duties;
(19)
Retired non-permanent sworn members of any municipal police department shall be deemed to be peace officers only while in the performance of their duties for any municipal police department, and shall be permitted to carry their firearm while in the performance of their duties for the municipal police department, and shall be subject to in-service training requirements of title 42, chapter 28;
(20)
Auto theft investigators appointed pursuant to § 31-50-1;
(21)
Providence fire department arson investigators; provided, that the arson investigator is a graduate of a police-training academy; and
(22)
Rhode Island School of Design police officers.
History of Section.
P.L. 1990, ch. 245, § 1; P.L. 1992, ch. 286, § 4; P.L. 1993, ch. 273, § 2; P.L. 1993, ch. 423, § 4; P.L. 1998, ch. 121, § 1; P.L. 2001, ch. 290, § 1; P.L. 2005, ch. 329, § 2; P.L. 2005, ch. 390, § 2; P.L. 2007, ch. 263, § 3; P.L. 2007, ch. 392, § 3; P.L. 2008, ch. 222, § 1; P.L. 2010, ch. 23, art. 7, § 6; P.L. 2011, ch. 287, § 1; P.L. 2011, ch. 398, § 1; P.L. 2011, ch. 400, § 1; P.L. 2013, ch. 164, § 3; P.L. 2013, ch. 234, § 3; P.L. 2022, ch. 378, § 2, effective June 29, 2022; P.L. 2022, ch. 379, § 2, effective June 29, 2022.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-8 - Close Pursuit › Section 12-8-1. - Short title.

§ 12-8-1. Short title.
This chapter may be cited as the “Uniform Act on Close Pursuit.”
History of Section.
P.L. 1936, ch. 2383, § 8; G.L. 1938, ch. 628, § 7; G.L. 1956, § 12-8-1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-8 - Close Pursuit › Section 12-8-2. - Definitions.

§ 12-8-2. Definitions.
For the purposes of this chapter:
(1)
“Felony” includes any misdemeanor involving moral turpitude.
(2)
“State” includes the District of Columbia.
History of Section.
P.L. 1936, ch. 2383, §§ 4, 5; G.L. 1938, ch. 628, §§ 4, 5; P.L. 1950, ch. 2485, § 1; G.L. 1956, § 12-8-2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-8 - Close Pursuit › Section 12-8-3. - Arrest after close pursuit by officers from other states.

§ 12-8-3. Arrest after close pursuit by officers from other states.
Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in close pursuit and continues within this state in that close pursuit of a person in order to arrest him or her on the ground that he or she has committed a felony in the other state shall have the same authority to arrest and hold in custody the person, as members of a duly organized state, county, or municipal peace unit of this state have to arrest and hold in custody a person on the ground that he or she has committed a felony in this state.
History of Section.
P.L. 1936, ch. 2383, § 1; G.L. 1938, ch. 628, § 1; G.L. 1956, § 12-8-3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-8 - Close Pursuit › Section 12-8-4. - Arrests otherwise unlawful.

§ 12-8-4. Arrests otherwise unlawful.
Section 12-8-3 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
History of Section.
P.L. 1936, ch. 2383, § 3; G.L. 1938, ch. 628, § 3; G.L. 1956, § 12-8-4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-8 - Close Pursuit › Section 12-8-5. - Commitment or discharge of person arrested.

§ 12-8-5. Commitment or discharge of person arrested.
If an arrest is made in this state by an officer of another state in accordance with the provisions of § 12-8-3, he or she shall without unnecessary delay take the person arrested before the district court for the division in which the arrest was made and the court shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he or she shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the judge determines that the arrest was unlawful he shall discharge the person arrested.
History of Section.
P.L. 1936, ch. 2383, § 2; G.L. 1938, ch. 628, § 2; G.L. 1956, § 12-8-5; P.L. 1969, ch. 239, § 18.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-8 - Close Pursuit › Section 12-8-6. - Severability.

§ 12-8-6. Severability.
If any part of this chapter is for any reason declared void, it is declared to be the intent of this chapter that its invalidity shall not affect the validity of the remaining portions of this chapter.
History of Section.
P.L. 1936, ch. 2383, § 7; G.L. 1938, ch. 628, § 6; G.L. 1956, § 12-8-6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-1. - Short title.

§ 12-9-1. Short title.
This chapter may be cited as the “Uniform Criminal Extradition Act.”
History of Section.
P.L. 1947, ch. 1890, § 30; G.L. 1956, § 12-9-1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-2. - Definitions.

§ 12-9-2. Definitions.
Where appearing in this chapter:
(1)
“Executive authority” includes the governor, and any person performing the functions of governor in a state other than this state.
(2)
“Governor” includes any person performing the functions of governor by authority of the law of this state.
(3)
“State,” referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
History of Section.
P.L. 1947, ch. 1890, § 1; G.L. 1956, § 12-9-2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-3. - Governor’s duty to deliver fugitives from justice.

§ 12-9-3. Governor’s duty to deliver fugitives from justice.
Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance of the Constitution, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
History of Section.
P.L. 1947, ch. 1890, § 2; G.L. 1956, § 12-9-3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-4. - Form of demand from another state.

§ 12-9-4. Form of demand from another state.
No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under §§ 12-9-7 and 12-9-8, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that after the commission of the alleged crime he or she fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a judge there, together with a copy of any warrant which was issued, upon the indictment or information, or by a copy of a judgment of conviction or of a sentence imposed in execution of the judgment, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. The indictment, information, or affidavit made before the judge must substantially charge the person demanded with having committed a crime under the law of that state, and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
History of Section.
P.L. 1947, ch. 1890, § 3; G.L. 1956, § 12-9-4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-5. - Investigation as to demanded person.

§ 12-9-5. Investigation as to demanded person.
When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with a crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand and to report to him or her the situation and circumstances of the person so demanded, and whether he or she ought to be surrendered.
History of Section.
P.L. 1947, ch. 1890, § 4; G.L. 1956, § 12-9-4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-6. - Agreement to return person demanded from another state.

§ 12-9-6. Agreement to return person demanded from another state.
When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or is held under criminal proceedings then pending against the person in another state, the governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or his or her term of sentence in the other state upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.
History of Section.
P.L. 1947, ch. 1890, § 5; G.L. 1956, § 12-9-6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-7. - Surrender of person who left demanding state involuntarily.

§ 12-9-7. Surrender of person who left demanding state involuntarily.
The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in § 12-9-4 with having violated the laws of the state whose executive authority is making the demand, even though the person left the demanding state involuntarily.
History of Section.
P.L. 1947, ch. 1890, § 6; G.L. 1956, § 12-9-7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-8. - Surrender of person committing an act in one state resulting in a crime in another.

§ 12-9-8. Surrender of person committing an act in one state resulting in a crime in another.
The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in the other state in the manner provided in § 12-9-4 with committing an act in this state or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, when the acts for which extradition is sought would be punishable by the laws of this state, and if the consequences claimed to have resulted from the crime in the demanding state had taken effect in this state. The provisions of this chapter, not otherwise inconsistent, shall apply to those cases, even though the accused was not in that state at the time of the commission of the crime and has not fled from that state; provided, that the governor of this state may, in his or her discretion, make any surrender conditional upon agreement by the executive authority of the demanding state that the person so surrendered will be held to answer no criminal charges of any nature except those set forth in the requisition upon which the person is so surrendered, at least until the person has been given reasonable opportunity to return to this state after his or her acquittal, if he or she shall be acquitted, or if he or she shall be convicted, after he or she shall be released from confinement. Nothing in §§ 12-9-7 and 12-9-8 shall apply to the crime of libel.
History of Section.
P.L. 1947, ch. 1890, § 6; G.L. 1956, § 12-9-8.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-9. - Warrant of arrest on executive demand.

§ 12-9-9. Warrant of arrest on executive demand.
If the governor decides that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he or she may think fit to entrust with its execution. The warrant must substantially recite the facts necessary to the validity of its issuance.
History of Section.
P.L. 1947, ch. 1890, § 7; G.L. 1956, § 12-9-9.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-10. - Authority granted by warrant.

§ 12-9-10. Authority granted by warrant.
The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he or she may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.
History of Section.
P.L. 1947, ch. 1890, § 8; G.L. 1956, § 12-9-10.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-11. - Commanding assistance in execution of warrant.

§ 12-9-11. Commanding assistance in execution of warrant.
Every peace officer, or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance in the arrest as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
History of Section.
P.L. 1947, ch. 1890, § 9; G.L. 1956, § 12-9-11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-12. - Appearance of prisoner before judge — Application for habeas corpus.

§ 12-9-12. Appearance of prisoner before judge — Application for habeas corpus.
No person arrested upon a warrant issued under § 12-9-9 shall be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken immediately before a judge of a court of record in this state, who shall inform him or her of the demand made for his or her surrender and of the crime with which he or she is charged, and that he or she has the right to demand and procure legal counsel. If the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of the court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus. When the writ is applied for, notice of the writ, and of the time and place of hearing on the writ, shall be given to the prosecuting officer and to the agent of the demanding state.
History of Section.
P.L. 1947, ch. 1890, § 10; G.L. 1956, § 12-9-12.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-12.1. - Extradition of juveniles.

§ 12-9-12.1. Extradition of juveniles.
(a)
When the extradition of a child under the age of eighteen (18) years of age is demanded by another state, the child shall be summoned to appear or ordered to appear before the family court pursuant to the provisions of chapter 1 of title 14.
(b)
The provisions of § 12-9-12 shall apply to the hearing conducted by the family court. In addition when the other state seeks the extradition of the child for trial as an adult, the family court shall determine whether or not the child would have been tried as an adult in this state if charged with the offense alleged to have been committed in the other state. The family court shall apply the provisions of §§ 14-1-7 and 14-1-7.1 in making the determination.
(c)
No person under the age of eighteen (18) years of age shall be extradited for trial in another state as an adult unless a justice of the family court determines that the person would have been tried as an adult in the state of Rhode Island.
History of Section.
P.L. 1979, ch. 366, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-13. - Penalty for violating § 12-9-12.

§ 12-9-13. Penalty for violating § 12-9-12.
Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the governor’s warrant, in willful disobedience to § 12-9-12, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than one thousand dollars ($1,000), or be imprisoned not more than six (6) months, or both.
History of Section.
P.L. 1947, ch. 1890, § 11; G.L. 1956, § 12-9-13.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-14. - Confinement of prisoner pending extradition or en route.

§ 12-9-14. Confinement of prisoner pending extradition or en route.
The officer or persons executing the governor’s warrant or arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or person having charge of the person is ready to proceed on his or her route, the officer or person being chargeable with the expense of keeping.
History of Section.
P.L. 1947, ch. 1890, § 12; G.L. 1956, § 12-9-14.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-15. - Confinement of prisoners passing through state.

§ 12-9-15. Confinement of prisoners passing through state.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in the other state, and who is passing through this state with a prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or agent having charge of him or her is ready to proceed on his or her route, the officer or agent, however, being chargeable with the expense of keeping; provided, that the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that he or she is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state, or waiver of the requisition. The person shall not be entitled to demand a new requisition while in this state.
History of Section.
P.L. 1947, ch. 1890, § 12; G.L. 1956, § 12-9-15.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-16. - Warrant of arrest on affidavit.

§ 12-9-16. Warrant of arrest on affidavit.
Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under §§ 12-9-7 and 12-9-8, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole, or whenever complaint shall have been made before any judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in that other state and that the accused has been charged in that state with the commission of the crime, and, except in cases arising under §§ 12-9-7 and 12-9-8, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole, and is believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding him or her to apprehend the person named in the warrant, wherever he or she may be found in this state, and to bring him or her before the judge or any other judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charges or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
History of Section.
P.L. 1947, ch. 1890, § 13; G.L. 1956, § 12-9-16.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-17. - Arrest without warrant.

§ 12-9-17. Arrest without warrant.
The arrest of a person may also be lawfully made by any peace officer or a private person without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested, the accused must be taken before a judge with all practicable speed, and complaint must be made against him or her under oath, setting forth the ground for the arrest as in § 12-9-16; and thereafter after that his or her answer shall be heard as if he or she had been arrested on a warrant.
History of Section.
P.L. 1947, ch. 1890, § 14; G.L. 1956, § 12-9-17.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-18. - Commitment awaiting requisition.

§ 12-9-18. Commitment awaiting requisition.
If, from the examination before the judge, it appears that the person being held is the person charged with having committed the alleged crime and, except in cases arising under §§ 12-9-7 and 12-9-8, that the person has fled from justice, the judge must, by a warrant reciting the accusation, commit him or her to the adult correctional institutions for a time not exceeding thirty (30) days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor or on requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in § 12-9-19, or until he or she shall be legally discharged.
History of Section.
P.L. 1947, ch. 1890, § 15; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-9-18.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-19. - Admission to bail.

§ 12-9-19. Admission to bail.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in any sum that the judge deems proper, conditioned for the person’s appearance before the judge at a time specified in the bond, but not later than thirty (30) days after the examination referred to in § 12-9-18, and for his or her surrender, to be arrested upon the warrant of the governor of this state.
History of Section.
P.L. 1947, ch. 1890, § 16; G.L. 1956, § 12-9-19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-20. - Failure to arrest on governor’s warrant within time specified.

§ 12-9-20. Failure to arrest on governor’s warrant within time specified.
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge may discharge the accused or may recommit him or her for a further period not to exceed sixty (60) days, or a judge may again take bail for his or her appearance and surrender, as provided in § 12-9-19, but within a period not to exceed sixty (60) days after the date of the new bond.
History of Section.
P.L. 1947, ch. 1890, § 17; G.L. 1956, § 12-9-20.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-21. - Forfeiture of bail.

§ 12-9-21. Forfeiture of bail.
If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of his or her bond, the judge, by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant if he or she is within this state. Recovery may be had on the bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
History of Section.
P.L. 1947, ch. 1890, § 18; G.L. 1956, § 12-9-21.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-22. - Persons under prosecution in this state.

§ 12-9-22. Persons under prosecution in this state.
If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor, in his or her discretion, either may surrender him or her on demand of the executive authority of another state or hold him or her until he or she has been tried and discharged or convicted and punished in this state.
History of Section.
P.L. 1947, ch. 1890, § 19; G.L. 1956, § 12-9-22.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-23. - Guilt or innocence as subject of inquiry.

§ 12-9-23. Guilt or innocence as subject of inquiry.
The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
History of Section.
P.L. 1947, ch. 1890, § 20; G.L. 1956, § 12-9-23.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-24. - Recall or reissue of governor’s warrant.

§ 12-9-24. Recall or reissue of governor’s warrant.
The governor may recall his or her warrant of arrest or may issue another warrant whenever he or she deems it proper.
History of Section.
P.L. 1947, ch. 1890, § 21; G.L. 1956, § 12-9-24.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-25. - Warrant to return prisoner from another state.

§ 12-9-25. Warrant to return prisoner from another state.
Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation, or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive a demand under the laws of the United States, he or she shall issue a warrant under the seal of this state to some agent, commanding the agent to receive the person so charged if delivered to him or her and convey the person to the proper officer of the county in this state in which the offense was committed.
History of Section.
P.L. 1947, ch. 1890, § 22; G.L. 1956, § 12-9-25.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-26. - Application for requisition of person charged with crime.

§ 12-9-26. Application for requisition of person charged with crime.
When the return to this state of a person charged with a crime in this state is required, the attorney general shall present to the governor his or her written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against the person, the approximate time, place and circumstances of its commission, the state in which the person is believed to be, including the location of the accused in that state at the time the application is made, and certifying that, in the opinion of the attorney general, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
History of Section.
P.L. 1947, ch. 1890, § 23; G.L. 1956, § 12-9-26.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-27. - Application for requisition of person convicted of crime.

§ 12-9-27. Application for requisition of person convicted of crime.
When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his or her bail, probation, or parole, the attorney general or the warden of the institution from which escape was made shall present to the governor a written application for a requisition for the return of the person, in which shall be stated the name of the person, the crime of which the person was convicted, the circumstances of his or her escape from confinement or of the breach of the terms of his or her bail, probation, or parole, the state in which the person is believed to be, including the location of the person in that state at the time application is made.
History of Section.
P.L. 1947, ch. 1890, § 23; G.L. 1956, § 12-9-27.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-28. - Affidavits and documents to support application.

§ 12-9-28. Affidavits and documents to support application.
The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two (2) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made of the judge, stating the offense with which the accused is charged, or of the judgment of conviction, or of the sentence. The attorney general, the director of corrections, or the warden may also attach any further affidavits and other documents in duplicate that he or she shall deem proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement on it, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction, or of the sentence shall be filed in the office of the secretary of state to remain on record in that office. The other copies of all papers shall be forwarded with the governor’s requisition.
History of Section.
P.L. 1947, ch. 1890, § 23; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 12-9-28.