(a)  On the date set for the hearing on the review of the application the court shall:

(1)  In camera, review the materials provided in accordance with § 11-37.1-14(4);

(2)  Determine whether and to what extent the production of witnesses and cross examination shall be required or permitted depending on the complexities of the matter involved, the extent of doubt concerning the correctness of the level, nature and extent of the notification proposed; and

(3)  Presume the need for a prompt determination.

Terms Used In Rhode Island General Laws 11-37.1-15

  • 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.

(b)  In any application hearing proceeding the rules of evidence shall not apply and the court may rely on documentary presentations, including expert opinion on all issues.

(c)  Nothing in this section should be construed to allow the applicant to relitigate the adjudication of guilt.

History of Section.
P.L. 1996, ch. 104, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1.