Gang-Related Legislation by State Index

Rhode Island

Curfew (view all states for this subject)

Rhode Island § 11-9-11. Designation of Curfew Streets

The police commissioners of any city or town having a police commission, and the chief of police of any other city or town, may designate certain streets in the city or town as curfew streets. No minor under sixteen (16) years of age shall be allowed to loiter on any curfew street after 9 o'clock (9:00) p.m., unless accompanied by some adult person.

Rhode Island § 11-9-12. Penalty for Loitering on Curfew Street

Any minor under sixteen (16) years of age, not accompanied by an adult person, who shall loiter on any curfew street after being directed by any police constable to cease loitering, shall be fined not exceeding five dollars ($5.00).

Drive-By Shooting (view all states for this subject)

Rhode Island § 11-47-51.1. Discharge of Firearm or Incendiary or Explosive Substance or Device From Motor Vehicle

(a) (1) No person shall unlawfully discharge a firearm or incendiary or explosive substance or device from a motor vehicle in a manner which creates a substantial risk of death or serious personal injury to another person. Every person violating the provisions of this section shall be punished by imprisonment for not less than ten (10) years nor more than twenty (20) years and shall be fined not less than five thousand dollars ($5,000.00) nor more than fifty thousand dollars ($50,000), or both.

Rhode Island § 11-47-61. Drive-By Shootings

Every person who discharges a firearm from a motor vehicle in a manner which creates a substantial risk of death or serious injury shall, upon conviction, be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) or imprisoned for not less than ten (10) years nor more than (20) years, or both.

Enhanced Penalties—Sentencing (view all states for this subject)

Rhode Island § 12-19-39. Criminal Street Gang Enhancement

(a) "Criminal street gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, having as one of its primary activities the commission of criminal or delinquent acts; having an identifiable name or common identifiable signs, colors or symbols; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(b) Any person who is convicted of any felony that is knowingly committed for the benefit, at the direction of, or in association with any criminal street gang or criminal street gang member, with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang members, in addition to the sentence provided for the commission of the underlying offense, shall be subject to imprisonment for an additional term of not more than ten (10) years.

(c) Whenever it appears that a person may be subject to the enhanced sentence in this section, the attorney general, in no case later than the first pretrial conference, shall file with the court a notice specifying that the defendant, upon conviction, is subject to the imposition of sentencing in accordance with this section.

(d) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing. At the hearing, the court shall permit the attorney general and the defense to present additional evidence to the jury relevant to the determination of whether the defendant knowingly committed the offense for the benefit, at the direction of, or in association with any criminal street gang or criminal street gang member, with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang members. If the jury at the hearing, or in the case of a plea of guilty or nolo contendere, the court at sentencing, determines beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be sentenced as provided in subsection (b).

(e) This section does not create a separate offense but provides an additional enhanced sentence for the underlying offense.

(f) The enhanced sentence provided in this section shall run consecutively to the sentences provided for the underlying offenses.

(g) The imposition or execution of the sentence provided in this section may not be suspended.

Gang Prevention (view all states for this subject)

Rhode Island § 40-5.3-2. Youth Pregnancy and At-Risk Prevention Services Program—Findings—Legislative Intent—Goals

The legislature hereby finds and declares the following:

(a) Young people, especially at-risk youth, are more vulnerable to teen pregnancy, child abuse, gang and drug-related activity, juvenile crime, school failure, neglect and other illicit activities during the potentially unsupervised summer months as well as the hours between the end of school and the time their parents or guardians return home from work.

(b) Without community-based prevention and mentoring programs, the threats to the well-being and safety of our youth continue.
(c) In order to minimize the risk to young people, it is the intent of the general assembly to expand after school and summer community based prevention, mentoring and development programs and to implement those programs in accordance with the federal Temporary Assistance for Needy Families Program ("TANF" program) described in Title IV Part A of the federal Social Security Act, 42 U.S.C. 601 et. seq.

(d) The goal of the program shall be to focus on the particular TANF goal of preventing youth pregnancies as well as reducing other at-risk behavior described in this section.

Rhode Island § 40-5.3-3. Youth Pregnancy and At-Risk Prevention Services Program—Establishment

(a) There is hereby established an after-school and summer youth prevention and development program to be administered by the department of human services. The establishment of the program pursuant to this chapter shall be contingent upon the availability and receipt of federal funding for the purpose set forth in Section 40-5.3-2. The department shall ensure that the goals of this chapter are met and that the state meets the federal requirements. The director of the department, to the extent that federal TANF funds are made available, may allocate to the program up to two hundred fifty thousand dollars ($ 250,000) annually.

(b) In the event that there are changes in the federal TANF program, the department shall seek support through the general assembly to make all necessary changes and shall take all necessary steps to comply with the federal law.

(c) Except as otherwise provided for herein, the director is responsible for implementation of this chapter.

Rhode Island § 42-26-18. Gang Violence Prevention Advisory Committee

(a) There is established in the Rhode Island Justice Commission the Gang Violence Prevention Advisory Committee. The committee exists as a permanent sub-committee of the Rhode Island Justice Commission, Juvenile Justice Advisory Committee. The committee shall be composed of members of the Rhode Island Justice Commission, Juvenile Justice Advisory Committee, which currently exists within the Rhode Island Justice Commission and is charged by the governor and the Office of Juvenile Justice and Delinquency Prevention, to address issues relating to delinquency and youth violence within the state. Membership qualifications are described in subparagraphs (i)–(iii) of §223(A)(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C. Section 5633(a)(A)(i)–(iii)] as amended. The function and structure of this committee along with its historic activities in gang intervention/prevention will enable it to carry out the intent of this section.

(b) The Gang Violence Prevention Advisory Committee shall coordinate, review, purpose, and oversee gang prevention, intervention, and suppression programs on a state level. The committee shall also coordinate with the Rhode Island Justice Commission in efforts to obtain federal funds, grants, or other appropriations necessary and useful to carry out the purpose of this section.

Rhode Island § 42-26-19. After-School Alternative Program—Legislative Intent

The legislature hereby finds and declares the following:

(1) There is greater threat to public safety resulting from gang- and drug-related activity in and near Rhode Island's inner cities.

(2) Young people, especially at-risk youth, are more vulnerable to gang and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.

(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community and thereby burden the criminal justice system to the point that it cannot function effectively.

(4) It is the intent of the Legislature that a pilot program, the "After School Alternative Program" (ASAP), be established and implemented within a specified Rhode Island community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 2:00 p.m. to 7:00 p.m.).

Rhode Island § 42-26-19.1. After-School Alternative Program—Purpose—Duration

(a) There is hereby created within the Rhode Island justice commission, a pilot program known as the "After School Alternative Program" (ASAP). The establishment of the pilot program pursuant to this section shall be contingent upon the availability and receipt of federal and/or private funding for this purpose. The goal of the pilot program shall be to reduce gang activity and drug-related crime in and near the targeted schools, businesses, and community sites. This shall be accomplished by coordinating the efforts of community-based organizations, public schools, law enforcement officials, parents, and business leaders in participating communities to prevent the illicit activities of current and potential gang members and drug users by making alternative activities available. These activities may be provided at school or community sites and may include:

(1) Recreational, arts, crafts, computer, or academic tutorial programs.

(2) Job counseling and training, with the participation of community business representatives.

(3) Presentations by law enforcement officials and informal get-togethers.

(4) Group and individual (as needed) drug and/or gang counseling.

(5) Community awareness presentations.

(b) A Rhode Island community may elect to participate in the pilot project established pursuant to Subdivision (a) by establishing an ASAP program. The community may be any designated area that contains up to two (2) public high schools and feeder schools, as well as active business enterprises and a viable local community-based organization.

(c) The community shall submit its program to the gang violence prevention advisory committee for review. The committee upon receipt of all programs from applying communities shall select one project to receive funding. The project selected shall receive funding for one calendar year from the date of selection. All rules and regulations for application, review, and award shall be promulgated by the committee.

(d) This section shall remain operative only until June 30, 2000, and is repealed on that date unless a later enacted statute extends that date.

Gang-Related Definitions (view all states for this subject)

Rhode Island § 12-19-39. Criminal Street Gang Enhancement

(a) "Criminal street gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, having as one of its primary activities the commission of criminal or delinquent acts; having an identifiable name or common identifiable signs, colors or symbols; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(b) Any person who is convicted of any felony that is knowingly committed for the benefit, at the direction of, or in association with any criminal street gang or criminal street gang member, with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang members, in addition to the sentence provided for the commission of the underlying offense, shall be subject to imprisonment for an additional term of not more than ten (10) years.

(c) Whenever it appears that a person may be subject to the enhanced sentence in this section, the attorney general, in no case later than the first pretrial conference, shall file with the court a notice specifying that the defendant, upon conviction, is subject to the imposition of sentencing in accordance with this section.

(d) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the defendant, the court shall conduct a sentencing hearing. At the hearing, the court shall permit the attorney general and the defense to present additional evidence to the jury relevant to the determination of whether the defendant knowingly committed the offense for the benefit, at the direction of, or in association with any criminal street gang or criminal street gang member, with the intent to promote, further, or assist in the affairs of a criminal street gang or criminal conduct by criminal street gang members. If the jury at the hearing, or in the case of a plea of guilty or nolo contendere, the court at sentencing, determines beyond a reasonable doubt that the defendant's actions were so motivated, he or she shall be sentenced as provided in subsection (b).

(e) This section does not create a separate offense but provides an additional enhanced sentence for the underlying offense.

(f) The enhanced sentence provided in this section shall run consecutively to the sentences provided for the underlying offenses.

(g) The imposition or execution of the sentence provided in this section may not be suspended.

Gang-Related Findings and Declarations (view all states for this subject)

Rhode Island § 40-5.3-2. Youth Pregnancy and At-Risk Prevention Services Program—Findings—Legislative Intent—Goals

The legislature hereby finds and declares the following:

(a) Young people, especially at-risk youth, are more vulnerable to teen pregnancy, child abuse, gang and drug-related activity, juvenile crime, school failure, neglect and other illicit activities during the potentially unsupervised summer months as well as the hours between the end of school and the time their parents or guardians return home from work.

(b) Without community-based prevention and mentoring programs, the threats to the well-being and safety of our youth continue.
(c) In order to minimize the risk to young people, it is the intent of the general assembly to expand after school and summer community based prevention, mentoring and development programs and to implement those programs in accordance with the federal Temporary Assistance for Needy Families Program ("TANF" program) described in Title IV Part A of the federal Social Security Act, 42 U.S.C. 601 et. seq.

(d) The goal of the program shall be to focus on the particular TANF goal of preventing youth pregnancies as well as reducing other at-risk behavior described in this section.

Rhode Island § 42-26-19. After-School Alternative Program—Legislative Intent

The legislature hereby finds and declares the following:

(1) There is greater threat to public safety resulting from gang- and drug-related activity in and near Rhode Island's inner cities.

(2) Young people, especially at-risk youth, are more vulnerable to gang and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.

(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community and thereby burden the criminal justice system to the point that it cannot function effectively.

(4) It is the intent of the Legislature that a pilot program, the "After School Alternative Program" (ASAP), be established and implemented within a specified Rhode Island community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 2:00 p.m. to 7:00 p.m.).

Gangs and Schools (view all states for this subject)

Rhode Island § 42-26-19. After-School Alternative Program—Legislative Intent

The legislature hereby finds and declares the following:

(1) There is greater threat to public safety resulting from gang- and drug-related activity in and near Rhode Island's inner cities.

(2) Young people, especially at-risk youth, are more vulnerable to gang and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.

(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community and thereby burden the criminal justice system to the point that it cannot function effectively.

(4) It is the intent of the Legislature that a pilot program, the "After School Alternative Program" (ASAP), be established and implemented within a specified Rhode Island community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 2:00 p.m. to 7:00 p.m.).

Rhode Island § 42-26-19.1. After-School Alternative Program—Purpose—Duration

(a) There is hereby created within the Rhode Island justice commission, a pilot program known as the "After School Alternative Program" (ASAP). The establishment of the pilot program pursuant to this section shall be contingent upon the availability and receipt of federal and/or private funding for this purpose. The goal of the pilot program shall be to reduce gang activity and drug-related crime in and near the targeted schools, businesses, and community sites. This shall be accomplished by coordinating the efforts of community-based organizations, public schools, law enforcement officials, parents, and business leaders in participating communities to prevent the illicit activities of current and potential gang members and drug users by making alternative activities available. These activities may be provided at school or community sites and may include:

(1) Recreational, arts, crafts, computer, or academic tutorial programs.

(2) Job counseling and training, with the participation of community business representatives.

(3) Presentations by law enforcement officials and informal get-togethers.

(4) Group and individual (as needed) drug and/or gang counseling.

(5) Community awareness presentations.

(b) A Rhode Island community may elect to participate in the pilot project established pursuant to Subdivision (a) by establishing an ASAP program. The community may be any designated area that contains up to two (2) public high schools and feeder schools, as well as active business enterprises and a viable local community-based organization.

(c) The community shall submit its program to the gang violence prevention advisory committee for review. The committee upon receipt of all programs from applying communities shall select one project to receive funding. The project selected shall receive funding for one calendar year from the date of selection. All rules and regulations for application, review, and award shall be promulgated by the committee.

(d) This section shall remain operative only until June 30, 2000, and is repealed on that date unless a later enacted statute extends that date.

Graffiti (view all states for this subject)

Rhode Island § 11-44-21.1. Graffiti—Defacing Private Residences, Offices, Businesses, or Commercial Property

(a)(1)Every person who shall willfully, maliciously, or mischievously write upon, paint, or otherwise deface the private property or residence of another, any office building, business or commercial property, or public building or public property, shall be guilty of a misdemeanor, for the first and second offense, said penalty shall not exceed a one thousand dollars ($1,000) fine and community service not exceeding two hundred (200) hours. Every person convicted of a third or subsequent offense under this section shall be guilty of a felony, subject to imprisonment not exceeding two (2) years, a fine of up to two thousand dollars ($2,000), and shall be required to perform up to three hundred (300) hours of community service. The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.

(2) If the graffiti is positioned on an overpass or an underpass and requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely, the court shall order an additional assessment of one thousand dollars ($1,000).

(b) If the person is a minor, upon adjudication, in addition to the penalties in subsection (a):

(1) The family court may, in addition to any other order or decree the court makes under this chapter, order the division of motor vehicles to:

(i) Suspend the minor's operator's license; or

(ii) Invalidate the minor's learner's permit; for one year beginning the date of the order.

(2) Notwithstanding any other provision of this chapter, the family court may order the parent or legal guardian of any minor found to have committed the crime of graffiti, to submit restitution to the victim or victims of such graffiti by payment in money if the minor is in the custody of and residing with such parent or guardian, and if the family court finds, after hearing, that the graffiti was a direct result of the parent or legal guardian having neglected to exercise reasonable supervision and control of the minor's conduct. For the purposes of this section, liability for compensation shall be limited to ten thousand dollars ($10,000).

(3) If the person violates the family court's order to submit restitution under this section, such person shall be guilty of contempt. The court may permit payments under this section to be made in installments, for a period of up to seven (7) years, to be administered by the court.

Rhode Island § 11–44–21.2. Restitution or Removal of Graffiti Rescission of Order Suspending or Invalidating Operator's License or Learner's Permit

If a court of suitable jurisdiction has entered an order for suspension or invalidation of a minor's operator's license or a learner's permit pursuant to § 11–44–21.1, and if the same court subsequently determines that the minor has fulfilled his or her restitution obligation, the court may:

(1) Rescind the order for suspension or invalidation; and/or

(2) Allow the minor to receive a license or permit before the period of suspension or invalidation ends.

Law Enforcement Training (view all states for this subject)

Rhode Island § 42-28.2-8.2. Educational Requirements—Gang-Related Activity

The Commission on Standards and Training shall prepare and publish mandatory training standards to provide instructions for police officers in identifying, responding to, and reporting all incidents of criminal gang activity as defined in § 11-61-3. The Commission shall include the training in all curricula for recruits and in-service trainees, in all police academies operating or certified by the commission.


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