2015 -- S 0945

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

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

     Introduced By: Senators McCaffrey, and Lombardi

     Date Introduced: May 26, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8-1 of the General Laws in Chapter 8-8 entitled "District Court"

is hereby amended to read as follows:

     8-8-1. District Court established -- Chief and associate justices. -- There is established

a district court for the state of Rhode Island which shall consist of a chief judge and twelve (12)

thirteen (13) associate judges. The district court shall be a court of record and shall have a seal

with such words and devices as it shall adopt.

     SECTION 2. Chapter 8-8 of the General Laws entitled "District Court" is hereby

amended by adding thereto the following section:

     8-8-1.1. Veterans' treatment calendar. – (a) Findings and declarations. The general

assembly finds and declares as follows:

     (1) Veterans and active military, Reserve and National Guard service members have

provided or are currently providing an invaluable service to our country. In doing so, many return

and suffer from mental health injuries, including, but not limited to, post-traumatic stress

disorder, depression, anxiety, acute stress and other injuries that may affect brain function and

may also suffer drug and alcohol dependency or co-occurring mental illness and substance abuse

problems.

     (2) The call back to active duty status rate of Rhode Island's National Guard is the second

highest in the entire United States with over ten thousand (10,000) unit deployments.

     (3) The number of veterans living in Rhode Island who have served in the Gulf Wars is

three (3) times higher than the national per capita average and is expected to grow as troops

continue to withdraw from Afghanistan.

     (4) While the vast majority of returning military do not have contact with the justice

system and are well adjusted, contributing members of society, there exists a growing number of

defendants appearing in the district court who have served in the United States armed forces and

are involved in the criminal justice system as a result of the above referenced diagnoses.

     (5) As a grateful state, we must continue to honor the service of these participants by

providing them an alternative to incarceration when feasible, permitting them instead to obtain

proper treatment for mental health and substance abuse problems that have resulted from military

service through a jail diversion program/treatment program that recognizes their special set of

circumstances while at the same time providing accountability for their wrong-doing and

providing for the safety of the public.

     (b) Declaration of policy. It is hereby declared to be the policy of the state of Rhode

Island to successfully rehabilitate participants by providing the tools and skills necessary to

address their unique challenges and to develop the insight to reintegrate successfully into society

and maintain a productive and law abiding lifestyle within the community.

     (c) Establishment. To accomplish this purpose in an effort to direct defendants who have

served in the United States armed forces into a court program which integrates support and

treatment plans with the judicial process that will result in potential jail diversion, possible

reduction of charges or alternatives in sentencing, there shall be established a separate calendar

within the jurisdiction of the district court for hearing, trial and disposition of certain offenses.

     (d) Veterans' treatment calendar. The chief judge of the district court shall create a

veterans' treatment calendar in the district court and shall assign personnel to the extent warranted

to exclusively hear and decide all criminal actions involving offenses committed by defendants

accepted into the program, and the calendar shall be referred to as the "veterans' treatment court".

     (e) Use of section. Under no circumstances shall the defendant(s) be permitted to use this

section as a basis for a dismissal of an action, as this section is enacted for the benefit and

convenience of the district court.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

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     This act would increase the number of judges on the District Court from twelve (12) to

thirteen (13) and would establish the veterans' treatment calendar in the district court.

     This act would take effect upon passage.

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