(a) Termination of order. The respondent may submit a single written request for a hearing to terminate a one-year extreme risk protection order issued under this chapter within the twelve-month (12) period that the order, or any renewal order, is in effect.
(1) Upon receipt of the request for a hearing to terminate a one-year extreme risk protection order, the court shall set a date for a hearing. The respondent shall cause a copy of the notice of the request to be served on the original petitioner. A hearing on this motion shall be scheduled not later than thirty (30) days from the date of filing the request.
(2) At a hearing to terminate a one-year extreme risk protection order prior to its scheduled date of expiration, the respondent shall have the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing imminent personal injury to self or others by having a firearm in his or her custody or control, or by purchasing, possessing, or receiving a firearm. The court may consider any relevant evidence, including evidence of the considerations enumerated in § 8-8.3-5. In addition, the court may consider whether the respondent complied with the court's recommendation that the respondent undergo a mental health and/or substance abuse evaluation.
(3) If the court finds after the hearing that the respondent has met his or her burden by clear and convincing evidence, the court shall terminate the one-year order and order return of the firearms consistent with the provisions of § 8-8.3-8.
(b) Notice of impending expiration. The original petitioner shall notify in writing all interested parties, including but not limited to family or household members of the respondent, of the impending expiration of any one-year extreme risk protection order within fourteen (14) calendar days before the date the order expires.
(c) Motion for renewal of order. The petitioner may by motion request a renewal of a one-year extreme risk protection order at any time within fourteen (14) calendar days before the date the order expires.
(1) Upon receipt of a motion to renew a one-year extreme risk protection order, the court shall order that a hearing be held not later than fourteen (14) days from the date the motion is filed. The respondent shall be personally served with notice of the motion, unless otherwise ordered by the court.
(2) In determining whether to renew a one-year extreme risk protection order under this section, the court shall consider all relevant evidence presented by the petitioner and follow the same procedures provided in § 8-8.3-5. The court may also consider whether the respondent complied with any court recommendation for a mental health and/or substance abuse evaluation.
(3) If the court finds by clear and convincing evidence that the requirements for issuance of a one-year extreme risk protection order as provided in § 8-8.3-5 continue to be met, the court shall renew the order for another year. Further, if, after notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion and affidavit stating that there has been no material change in relevant circumstances since entry of the order that is subject to renewal.
(4) A renewal of a one-year extreme risk protection order shall be for another fixed period of one year, subject to termination as provided in subsection (a) of this section or future renewal by order of the court pursuant to this subsection.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.