2012 -- S 2770

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LC02169

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- SUPERIOR COURT

     Introduced By: Senators Jabour, Miller, Metts, Crowley, and Hodgson

     Date Introduced: March 08, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-2-39.2 of the General Laws in Chapter 8-2 entitled "Superior

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Court" is hereby amended to read as follows:

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     8-2-39.2. Drug court magistrate -- Appointment, duties and powers. -- (a) For the

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purposes of this chapter: (1) “Non-violent” means and includes all charges that are not crimes of

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violence, the following being a list of all charges considered to be crimes of violence for the

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purposes of this section: murder, manslaughter, first degree arson, kidnapping with intent to

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extort, robbery, first degree sexual assault, second degree sexual assault, first and second degree

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child molestation, assault, assault with intent to murder, assault with intent to rob, assault with

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intent to commit first degree sexual assault, entering a dwelling house with intent to commit

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murder, robbery, or sexual assault.

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     (2) “Drug addicted person” means a person who exhibits a maladaptive pattern of

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behavior resulting from drug use, including one or more of the following: impaired control over

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drug use; compulsive use; and/or continued use despite harm, and craving.

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     (b) There is hereby created within the superior court the position of Drug Court

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Magistrate who shall be appointed by the presiding justice of the superior court with the advice

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and consent of the senate. The persons appointed to serve as Drug Court Magistrates shall be

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members of the bar of Rhode Island. The powers and duties of the Drug Court Magistrate shall be

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prescribed in the order appointing him or her in addition to those described herein.

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      The Drug Court Magistrate's term shall be ten (10) years and until a successor is

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appointed and qualified. Nothing in this article shall prohibit a Drug Court Magistrate from being

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reappointed for additional ten (10) year terms by the presiding justice of the superior court with

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the advice and consent of the senate. He or she shall receive a salary equivalent to that received

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by the special magistrate assigned to the superior court. The Drug Court Magistrate shall preside

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over the Adult Drug Court. The Adult Drug Court Program shall combine the coercive powers of

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the court with a therapeutic regimen in order to rehabilitate drug addicted defendants.

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      (b)(c) The Drug Court Magistrate shall be empowered to hear and decide as a superior

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court justice all matters relating to those adult offenders who come before the jurisdiction of the

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superior court on any offense relating to the offender's participation in the Adult Drug Court. In

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addition, the Drug Court Magistrate shall have the power to impose a period of incarceration

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upon a plea of guilty or nolo contendere, and also have the power to confine any person who has

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been found to be in violation of any conditions previously imposed by the superior court.

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     (d) The Drug Court Magistrate shall make the final determination as to whether a

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defendant is admitted into the program. Individuals meeting the following criteria, shall be

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screened by staff working at the office of the attorney general upon the department's own referral,

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upon a request by counsel entered on behalf of a defendant; upon request by a judge of the

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superior or district court, or, in the case of a person waivable by the family court, by a judge of

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that court, or the department of corrections for admittance into the Adult Drug Court:

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     (1) The individual is charged with or convicted of an alcohol or drug related offense or

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with an appropriate non-violent offense.

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     (2) The individual has no pending charges or prior convictions for felony crimes of

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violence.

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     (3) The individual has no pending charges or prior convictions for delivery of a

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controlled substance.

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     (4) The defendant is a drug addicted person.

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     (e) In order to ensure that no defendants that may be eligible to participate in the Adult

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Drug Court are incarcerated without review by the Drug Court Magistrate, the department of

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corrections will screen all individuals held in their custody that meet criteria in subdivision (c)(1)

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and (c)(2) and refer those individuals to the Adult Drug Court. Screening will be done using an

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established screening protocol to determine if the individual might meet criteria in subdivision

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(c)(3). It will be the responsibility of the Adult Drug Court to determine if, using an established

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assessment protocol, the defendant meets criteria in subdivision (c)(3).

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     (f) All individuals accepted into Drug Court will be bound by a Drug Court contract, as

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defined by the Adult Drug Court, which sets forth the court’s expectations, the role and

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responsibilities of the Drug Court, the conditions imposed upon and the responsibilities of the

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defendant, and the treatment plan goals and strategies. If a defendant fails to abide by the Drug

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Court conditions and orders, he or she may be terminated from the program by the Drug Court

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judge and sentenced as he or she deems appropriate.

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      (c) The Drug Court Magistrate shall be empowered to hear and decide as a superior court

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justice all matters that may come before the superior court pursuant to chapter 37.1 of title 11

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"Sexual Offender Registration and Community Notification."

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      (d)(g) The Drug Court Magistrate and/or the presiding justice of the superior court may

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fix the venue of any person who is before the superior court as a participant in the Adult Drug

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Court or who is alleged to be a sexual predator, and who has filed an objection to community

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notification.

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      (e)(h) The Drug Court Magistrate shall be governed by the commission on judicial

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tenure and discipline, chapter 16 of title 8 in the same manner as justices and judges; shall be

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subject to all provisions of the canons of judicial ethics or code of judicial conduct; and shall be

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subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

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      (f)(i) A party aggrieved by an order entered by the Drug Court Magistrate shall be

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entitled to a review of the order by a justice of the Superior Court superior court. Unless

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otherwise provided in the rules of procedure of the court, such review shall be on the record and

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appellate in nature. The Superior Court superior court shall, by rules of procedure, establish

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procedures for reviews of orders entered by a Drug Court Magistrate, and for enforcement of

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contempt adjudications of a Drug Court Magistrate.

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     SECTION 2. This act shall take effect upon passage.

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LC02169

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- SUPERIOR COURT

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     This act would amend and define the duties of a Drug Court Magistrate, and specify

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which individuals qualify for the Drug Court and the conditions and responsibilities imposed

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thereon.

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     This act would take effect upon passage.

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LC02169

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