Bill Sponsors
Casimiro, Donovan, Spears, Knight, Shallcross Smith, Kislak, Speakman, Roberts, Hopkins, and Alzate
Committee
House Judiciary
Summary
Select
This legislation amends the Rhode Island General Laws regarding family court proceedings to restrict the treatment of children aged twelve and under by law enforcement. It prohibits police from using handcuffs on these children unless there is a specific risk to public safety or the child is threatening physical force against an officer. Additionally, the bill prohibits the arrest or adjudication as delinquent of any child twelve or younger, with a specific exception for cases where there is probable cause that the child has committed a felony offense punishable by life imprisonment.
Sponsor
Analysis
Pros for Progressives
- Reduces trauma for young children by preventing early contact with the criminal justice system and limiting the use of physical restraints like handcuffs.
- Helps dismantle the "school-to-prison pipeline" by ensuring that pre-teens are not saddled with criminal records for minor offenses or behavioral issues.
- Encourages a shift toward age-appropriate, restorative, and social-service-based interventions rather than punitive measures for children under thirteen.
Cons for Progressives
- Retains the ability to arrest and charge young children for serious felonies, which some advocates may argue still criminalizes youth too early rather than focusing on rehabilitation.
- Allows police discretion regarding what constitutes a "public safety" risk or "threatening force," which could lead to biased application of restraints against minority children.
- Does not explicitly mandate or fund alternative mental health or social support systems to handle the behavioral issues of children who are no longer eligible for arrest.
Pros for Conservatives
- Preserves the authority of law enforcement to arrest and prosecute young offenders who commit the most heinous and violent crimes punishable by life imprisonment.
- Includes specific provisions allowing officers to use restraints when their own safety is threatened or when necessary for public safety.
- Likely reduces court dockets and administrative costs associated with processing very young children for minor, non-violent statuses or offenses.
Cons for Conservatives
- Significantly restricts law enforcement officers' ability to manage non-compliant juveniles, potentially hampering their ability to control volatile situations.
- Prevents the arrest of pre-teens for significant crimes (such as burglary, theft, or simple assault) that do not carry a life sentence, potentially removing consequences for criminal behavior.
- Undermines the rule of law by creating a class of citizens (those 12 and under) who are largely immune from arrest despite committing acts that would be illegal for anyone else.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Children under 13
- Police Officers
- Parents and Guardians
- Family Court Judges
- Juvenile Detention Staff
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to House Judiciary
Bill Text
SECTION 1. Sections 14-1-25 and 14-1-26.1 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" are hereby amended to read as follows:
14-1-25. Arrest of juveniles without warrant.
(a) Any officer authorized to make an arrest for any criminal offense may take into custody without a warrant any child believed to be delinquent or wayward within that officer’s jurisdiction, but in no case shall a child be detained in custody longer than twenty-four (24) hours without being referred to the family court for consideration.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
14-1-26.1. Temporary custody of status and non-offenders.
(a) A juvenile taken into custody at a state, municipal, or college police department for an offense that would not be classified as criminal if committed by an adult, or non-offender juveniles, such as dependent or neglected children, shall be held for identification, investigation, and processing purposes only in an unlocked, multi-purpose room that is not designated for residential use or secure detention. The child shall not be handcuffed to a stationary object and must remain in continuous visual supervision of an agency representative.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
SECTION 2. This act shall take effect upon passage.
14-1-25. Arrest of juveniles without warrant.
(a) Any officer authorized to make an arrest for any criminal offense may take into custody without a warrant any child believed to be delinquent or wayward within that officer’s jurisdiction, but in no case shall a child be detained in custody longer than twenty-four (24) hours without being referred to the family court for consideration.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
14-1-26.1. Temporary custody of status and non-offenders.
(a) A juvenile taken into custody at a state, municipal, or college police department for an offense that would not be classified as criminal if committed by an adult, or non-offender juveniles, such as dependent or neglected children, shall be held for identification, investigation, and processing purposes only in an unlocked, multi-purpose room that is not designated for residential use or secure detention. The child shall not be handcuffed to a stationary object and must remain in continuous visual supervision of an agency representative.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
SECTION 2. This act shall take effect upon passage.