(a)  Upon receipt of the petition and appropriate notice to the attorney general and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who is the subject of the petition may testify, confront witnesses, and present evidence.

Terms Used In Rhode Island General Laws 40.1-5.3-9.1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Testify: Answer questions in court.

(b)  If the court having jurisdiction over the case finds by a preponderance of the evidence that the person has sufficiently recovered his or her mental health, he or she shall, by order of the court having jurisdiction over the case in the court’s discretion, be transferred from the facility as provided for in § 40.1-5.3-1 to the place of his or her original confinement, to serve out the remainder of his or her term of sentence.

History of Section.
P.L. 2013, ch. 279, § 2.