R.I. Super. Ct. R. Crim. P. 6.1

As amended through April 4, 2024
Rule 6.1 - Notification that Information or Indictment Will Not be Filed.

When a person who has been charged in a complaint with an offense which may be prosecuted by information or indictment is in custody or has given bail or recognizance and the Attorney General decides not to file an information or to seek an indictment or a no true bill has been returned by a grand jury based upon the charges in the complaint, the Attorney General shall immediately notify the appropriate division of the District Court and the keeper of records of the Adult Correctional Institutions of that fact in writing.

R.I. Super. Ct. R. Crim. P. 6.1

As amended by the court on 2/25/1992; 5/4/1999; 7/1/2002; last amended by Order dated June 22, 2017, effective 9/5/2017.

2002 Committee Notes

The amendment is technical in nature and no change in substance is intended.

1992 Notes

This Rule change would require the Attorney General to notify the keeper of records of the Adult Correctional Institutions or Women's Reformatory of the fact that no true bill had been returned by the grand jury.

1975 Notes

Proposed Rule 6.1 is entirely new. It requires the Attorney General to give the division to the District Court under whose jurisdiction a defendant has been detained or bailed on a felony complaint written notification if he decides not to file an information or to seek an indictment from the grand jury. This is similar to the requirement contained in Rule 6(f) for notification when the grand jury fails to return an indictment. The purpose of both requirements is to bring about the release from custody or discharge from conditional release of a person who will not be proceeded against for the charge contained in the original complaint under which he was held. Also, this helps the District Court to clear its records of actions that are no longer being pursued.

See also 1975 Notes to Rule 7.