2020 -- H 7516

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LC004267

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

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

     

     Introduced By: Representatives Jackson, Azzinaro, Vella-Wilkinson, Solomon, and
Morin

     Date Introduced: February 07, 2020

     Referred To: House 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 Rhode Island

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superior court adult drug/recovery court magistrate -- Appointment, duties and powers.

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     (a) For the purposes of this chapter:

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     (1) "Non-violent" means and includes all charges that are not crimes of violence, the

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

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section: murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, first-

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degree sexual assault, second-degree sexual assault, first- and second-degree child molestation,

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assault, assault with intent to murder, assault with intent to rob, assault with intent to commit

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first-degree sexual assault, entering a dwelling house with intent to commit murder, robbery, or

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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 superior court

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adult drug/recovery court magistrate who shall be appointed by the presiding justice of the

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superior court with the advice and consent of the senate. The persons appointed to serve as drug

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superior court adult drug/recovery court magistrates shall be members of the bar of Rhode Island.

 

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The powers and duties of the drug superior court adult drug/recovery 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 superior court adult drug/recovery court magistrate's term shall be ten (10)

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years and until a successor is appointed and qualified. Nothing in this section shall prohibit a drug

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superior court adult drug/recovery court magistrate from being reappointed for additional ten-year

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(10) terms by the presiding justice of the superior court with the advice and consent of the senate.

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He or she shall receive a salary equivalent to that received by the special magistrate assigned to

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the superior court. The drug superior court adult drug/recovery court magistrate shall preside over

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the adult drug superior court adult drug/recovery court. The adult drug superior court adult

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drug/recovery court program shall combine the coercive powers of the court with a therapeutic

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regimen in order to rehabilitate drug addicted defendants.

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     (c) The drug superior court adult drug/recovery court magistrate shall be empowered to

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hear and decide as a superior court justice all matters relating to those adult offenders who come

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before the jurisdiction of the superior court on any offense relating to the offender's participation

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in the adult drug superior court adult drug/recovery court. In addition, the drug superior court

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adult drug/recovery 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 superior court adult drug/recovery court magistrate shall make the final

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determination as to whether a defendant is admitted into the program. Individuals meeting the

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following criteria shall be screened by staff working at the office of the attorney general upon the

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department's own referral; upon a request by counsel entered on behalf of a defendant; upon

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

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family court, by a judge of that court; or the department of corrections for admittance into the

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adult drug superior court adult drug/recovery 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 for felony crimes of violence.

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     (3) The individual has no pending charges for delivery of a controlled substance.

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     (4) The defendant is a drug-addicted person.

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     (e) All individuals accepted into drug superior court adult drug/recovery court will be

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bound by a drug superior court adult drug/recovery court contract, as defined by the adult drug

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superior court adult drug/recovery court, that sets forth the court's expectations; the role and

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responsibilities of the drug superior court adult drug/recovery court; the conditions imposed upon

 

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and the responsibilities of the defendant; and the treatment plan goals and strategies. If a

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defendant fails to abide by the drug superior court adult drug/recovery court conditions and

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orders, he or she may be terminated from the program by the drug court judge superior court adult

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drug/recovery court magistrate and sentenced as he or she deems appropriate.

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     (f) The drug superior court adult drug/recovery court magistrate shall be empowered to

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hear and decide as a superior court justice all matters that may come before the superior court

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pursuant to chapter 37.1 of title 11 "sexual offender registration and community notification."

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     (g) The drug superior court adult drug/recovery court magistrate and/or the presiding

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justice of the superior court may fix the venue of any person who is before the superior court as a

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participant in the adult drug superior court adult drug/recovery court or who is alleged to be a

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sexual predator, and who has filed an objection to community notification.

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     (h) In addition, at the discretion of the presiding justice of the superior court, the drug

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superior court adult drug/recovery court magistrate shall have the duties, responsibilities, and

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powers authorized in subsections 8-2-39(b), (c) and (d).

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     (i) The drug superior court adult drug/recovery court magistrate shall be governed by the

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commission on judicial tenure and discipline, chapter 16 of title 8, in the same manner as justices

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

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conduct; and shall be subject to all criminal laws relative to judges by virtue of ยงยง 11-7-1 and 11-

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7-2.

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     (j) A party aggrieved by an order entered by the drug superior court adult drug/recovery

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court magistrate shall be entitled to a review of the order by a justice of the 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 shall, by rules of procedure, establish procedures for

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reviews of orders entered by a drug superior court adult drug/recovery court magistrate, and for

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enforcement of contempt adjudications of a drug superior court adult drug/recovery court

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magistrate.

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     SECTION 2. 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 -- SUPERIOR COURT

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     This act would change the name of the drug court magistrate to the "Rhode Island

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superior court adult drug/recovery court magistrate and change the name of the court to the

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"Rhode Island superior court adult drug/recovery court".

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     This act would take effect upon passage.

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