Rhode Island law protects court attendees from some civil arrests

Covered attendees are protected from civil arrest while going to court, staying there, and returning. People must attend in good faith as a party or possible witness, or because a covered family or household member is a party or possible witness. Court proceedings include scheduled or ordered appearances and filing papers to start such an appearance. The protection does not apply when a warrant or order authorizes the arrest. It must come from the court that will hear the proceedings following the arrest. Civil arrest excludes arrests mainly for criminal prosecution when imprisonment is allowed and a court appearance is required. It also excludes arrests for contempt of the court handling the proceeding. The law takes effect upon passage.

Protected people and Rhode Island's attorney general may ask a court to stop violations or declare what the law requires. State courts may issue orders protecting covered attendees from civil arrest. Successful plaintiffs in actions under the civil-arrest protection section may recover court costs and reasonable lawyer fees. A lawsuit requires reasonable cause to believe a violation happened or may happen. A separate contempt proceeding is not required. Willfully making or helping a prohibited arrest may count as contempt of court and false imprisonment. Rights and defenses for officials acting lawfully remain protected. The law bars cases under this chapter against the judicial branch or court staff lawfully maintaining court safety and order.

The Rhode Island Supreme Court's chief justice, or an authorized court administrator, may issue rules for courthouse enforcement. The check-in rule covers officers entering a Rhode Island courthouse on official duty to observe or arrest someone. They must identify themselves to security and explain their purpose and planned action. These requirements apply through rules the chief justice or authorized court administrator may issue. The rules must provide for prompt court review of arrest warrants or orders and an incident report for every enforcement action inside a courthouse. The rules must require court permission for courtroom arrests except in extraordinary circumstances. Civil arrests inside courthouses must have an authorizing court warrant or order.