2023 -- H 6072

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LC001489

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- COMMITMENT OF ALCOHOLICS OR

SUBSTANCE ABUSERS

     Introduced By: Representatives J. Lombardi, Hull, Morales, Potter, Shallcross Smith,
Ajello, Slater, Bennett, McEntee, and Tanzi

     Date Introduced: March 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-1.10 of the General Laws entitled "Alcoholism" is hereby

repealed in its entirety.

CHAPTER 23-1.10

Alcoholism

     23-1.10-1. Declaration of policy.

     The problem of alcoholism, with its attendant effects upon the economic condition of

alcoholics and those dependent upon them, and the substantial physical deterioration brought about

by the misuse of alcohol, has, as shown by the studies, become more and more a major concern of

government. Those who, through the misuse of alcohol, adversely affect their health and their

economic independence have in recent years increased in number. This chapter is designed to

provide proper treatment for those who have been habitually misusing alcohol as a beverage. It is

the further policy of this state that alcoholics and intoxicated persons may not be subjected to

criminal prosecution because of their consumption of alcoholic beverages but rather should be

afforded a continuum of treatment in order that they may lead normal lives as productive members

of society.

     23-1.10-2. Definitions.

     As used in this chapter:

     (1) “Alcoholic” means a person who habitually lacks self-control as to the use of alcoholic

beverages, or uses alcoholic beverages to the extent that his or her health is substantially impaired

or endangered or his or her social or economic function is substantially disrupted;

     (2) “Approved private treatment facility” means a private agency meeting the standards

prescribed in § 23-1.10-7(a) and approved under § 23-1.10-7(c);

     (3) “Approved public treatment facility” means a treatment agency operating under the

direction and control of the department or providing treatment under this chapter through a contract

with the department under § 23-1.10-6(g) and meeting the standards prescribed in § 23-1.10-7(a);

     (4) “Department” means department of behavioral healthcare, developmental disabilities

and hospitals;

     (5) “Director” means the director of the department of behavioral healthcare,

developmental disabilities and hospitals;

     (6) “Incapacitated by alcohol” means a person, who as a result of the use of alcohol is

intoxicated to such an extent that he or she is unconscious or has his or her judgment otherwise so

impaired that he or she is incapable of realizing and making a rational decision with respect to his

or her need for treatment;

     (7) “Incompetent person” means a person who has been adjudged incompetent by the

probate court of the city and town in which the person resides, or any other court of competent

jurisdiction;

     (8) “Intoxicated person” means a person whose mental or physical functioning is

substantially impaired as a result of the use of alcohol;

     (9) “Treatment” means the broad range of emergency, outpatient, intermediate, and

inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological,

and social service care, vocational rehabilitation and career counseling, which may be extended to

alcoholics and intoxicated persons.

     23-1.10-3. Powers assumed by department.

     The department may:

     (1) Plan, establish, and maintain treatment programs as necessary or desirable;

     (2) Make contracts necessary or incidental to the performance of its duties and the

execution of its powers, including contracts with public and private agencies, organizations, and

individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons;

     (3) Solicit and accept for use any gift of money or property made by will or otherwise, and

any grant of money, services, or property from the federal government, the state, or any political

subdivision of the state or any private source, and do all things necessary to cooperate with the

federal government or any of its agencies in making an application for any grant;

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     (4) Administer or supervise the administration of the provisions relating to alcoholics and

intoxicated persons of any state plan submitted for federal funding pursuant to federal health,

welfare, or treatment legislation;

     (5) Coordinate its activities and cooperate with alcoholism programs in this and other

states, and make contracts and other joint or cooperative arrangements with state, local, or private

agencies in this and other states for the treatment of alcoholics and intoxicated persons and for the

common advancement of alcoholism programs;

     (6) Keep records and engage in research and the gathering of relevant statistics;

     (7) Do other acts and things necessary or convenient to execute the authority expressly

granted to it; and

     (8) Acquire, hold, or dispose of real property or any interest in real property, and construct,

lease, or otherwise provide treatment facilities for alcoholics and intoxicated persons.

     23-1.10-4. Duties of department.

     The department shall:

     (1) Develop, encourage, and foster statewide, regional, and local plans and programs for

the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation

with public and private agencies, organizations, and individuals and provide technical assistance

and consultation services for these purposes;

     (2) Coordinate the efforts and enlist the assistance of all public and private agencies,

organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics

and intoxicated persons;

     (3) Cooperate with the department of corrections and board of parole in establishing and

conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole

from penal institutions;

     (4) Cooperate with the board of regents for elementary and secondary education, board of

governors for higher education, schools, police departments, courts, and other public and private

agencies, organizations, and individuals in establishing programs for the prevention of alcoholism

and treatment of alcoholics and intoxicated persons, and preparing curriculum materials for use at

all levels of school education;

     (5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature

and effects of alcohol;

     (6) Develop and implement, as an integral part of treatment programs, an educational

program for use in the treatment of alcoholics and intoxicated persons, which program shall include

the dissemination of information concerning the nature and effects of alcohol;

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     (7) Organize and foster training programs for all persons engaged in treatment of alcoholics

and intoxicated persons;

     (8) Sponsor and encourage research into the causes and nature of alcoholism and treatment

of alcoholics and intoxicated persons, and serve as a clearing house for information relating to

alcoholism;

     (9) Specify uniform methods for keeping statistical information by public and private

agencies, organizations, and individuals, and collect and make available relevant statistical

information, including number of persons treated, frequency of admission and readmission, and

frequency and duration of treatment;

     (10) Advise the governor in the preparation of a comprehensive plan for treatment of

alcoholics and intoxicated persons;

     (11) Review all state health, welfare, and treatment plans to be submitted for federal

funding under federal legislation, and advise the governor on provisions to be included relating to

alcoholism and intoxicated persons;

     (12) Assist in the development of, and cooperate with, alcohol education and treatment

programs for employees of state and local governments and businesses and industries in the state;

     (13) Utilize the support and assistance of interested persons in the community, particularly

recovered alcoholics, to encourage alcoholics to voluntarily undergo treatment;

     (14) Cooperate with the department of transportation and related agencies both state and

local in establishing and conducting programs designed to deal with the problem of persons

operating motor vehicles while intoxicated;

     (15) Encourage general hospitals and other appropriate health facilities to admit without

discrimination alcoholics and intoxicated persons and to provide them with adequate and

appropriate treatment;

     (16) Encourage all health and disability insurance programs to include alcoholism as a

covered illness;

     (17) Submit to the governor an annual report covering the activities of the department; and

     (18) Establish alcohol and substance abuse prevention programs for students in

kindergarten through grade twelve (12), in accordance with § 35-4-18. The director shall make an

annual report to the governor and the general assembly on the administration of the program and

shall submit to the governor and the general assembly the results of an independent evaluation of

the alcohol and substance abuse prevention program established in accordance with this section.

This evaluation shall address the following areas:

     (i) Program development;

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     (ii) Implementation;

     (iii) Impact; and

     (iv) Recommendations for future needs.

     23-1.10-5. [Reserved.]

     23-1.10-6. Comprehensive program for treatment.

     (a) The department shall establish a comprehensive and coordinated program for the

treatment of alcoholics and intoxicated persons. The director shall divide the state into appropriate

regions for the conduct of the program and establish standards for the development of the program

on the regional level. In establishing the regions, consideration shall be given to city, town, and

county lines and population concentrations.

     (b) The program of the division shall include:

     (1) Emergency treatment provided by a facility affiliated with or part of the medical service

of a general hospital;

     (2) Inpatient treatment;

     (3) Intermediate treatment; and

     (4) Outpatient and follow-up treatment.

     (c) The department shall provide for adequate and appropriate treatment for alcoholics and

intoxicated persons admitted pursuant to §§ 23-1.10-11 and 23-1.10-12. Treatment may not be

provided at a correctional institution except for inmates.

     (d) The department shall maintain, supervise, and control all facilities operated by it subject

to its policies. The administrator of each facility shall make an annual report of its activities to the

director in the form and manner the director specifies.

     (e) All appropriate public and private resources shall be coordinated with and utilized in

the program whenever possible.

     (f) The director shall prepare, publish, and distribute annually a list of all approved public

and private treatment facilities.

     (g) The department may contract for the use of any facility as an approved public treatment

facility if the director, subject to the policies of the department, considers this to be an effective and

economical course to follow.

     23-1.10-7. Standards for treatment facilities — Inspections — Furnishing information

to department — Noncompliance with standards.

     (a) The department shall establish standards for approved treatment facilities that must be

met for a treatment facility to be approved as a public or private treatment facility, and fix the fees

to be charged by the department for the required inspections. The standards may concern only the

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health standards to be met and standards of treatment to be afforded patients.

     (b) The department shall periodically inspect approved public and private treatment

facilities at reasonable times and in a reasonable manner.

     (c) The department shall maintain a list of approved public and private treatment facilities.

     (d) Each approved public and private treatment facility shall file with the department on

request: data, statistics, schedules, and any other information that the department reasonably

requires. An approved public or private treatment facility that without good cause fails to furnish

any data, statistics, schedules, and any other information as requested, or files fraudulent returns,

shall be removed from the list of approved treatment facilities.

     (e) The department, after holding a hearing, may suspend, revoke, limit, or restrict an

approval, or refuse to grant an approval, for failure to meet its standards.

     23-1.10-8. Rules as to acceptance for treatment.

     The director shall adopt and may amend and repeal rules for acceptance of persons into the

treatment program, considering available treatment resources and facilities for the purpose of early

and effective treatment of alcoholics and intoxicated persons. In establishing the rules the director

shall be guided by the following standards:

     (1) If possible a patient shall be treated on a voluntary rather than an involuntary basis.

     (2) A patient shall be initially assigned or transferred to outpatient or intermediate

treatment, unless he or she is found to require inpatient treatment.

     (3) A person shall not be denied treatment solely because he or she has withdrawn from

treatment against medical advice on a prior occasion or because he or she has relapsed after earlier

treatment.

     (4) An individualized treatment plan shall be prepared and maintained on a current basis

for each patient.

     (5) Provision shall be made for a continuum of coordinated treatment services, so that a

person who leaves a facility or a form of treatment will have available and utilize other appropriate

treatment.

     23-1.10-9. Voluntary treatment of alcoholics.

     (a) An alcoholic may apply for voluntary treatment directly to an approved public treatment

facility. If the proposed patient is a minor or an incompetent person, he or she, a parent, a legal

guardian, or other legal representative may make the application.

     (b) Subject to rules adopted by the director, the administrator in charge of an approved

public treatment facility may determine who shall be admitted for treatment; provided, however,

that a person so admitted may be held by the department for at least thirty (30) days. That person

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shall be released at the end of thirty (30) days upon written request to the administrator in charge

of the treatment facility. If a person is refused admission to an approved public treatment facility,

the administrator, subject to rules adopted by the director, shall refer the person to another approved

public treatment facility for treatment if possible and appropriate.

     (c) If a patient receiving inpatient care leaves an approved public treatment facility, he or

she shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears

to the administrator in charge of the treatment facility that the patient is an alcoholic who requires

help, the department shall arrange for assistance in obtaining supportive services and residential

facilities.

     (d) If a patient leaves an approved public treatment facility, with or against the advice of

the administrator in charge of the facility, the department will attempt to make reasonable

provisions for his or her transportation to another facility or to his or her home. If he or she has no

home, he or she shall be referred or advised to make contact with the appropriate state or federal

agency for assistance in obtaining shelter. If he or she is a minor or an incompetent person, the

request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other

legal representative or by the minor or incompetent if he or she was the original applicant.

     23-1.10-10. Treatment and services for intoxicated persons and persons incapacitated

by alcohol.

     (a) An intoxicated person may come voluntarily to an approved public treatment facility

for emergency treatment. A person who appears to be intoxicated in a public place and to be in

need of help, if he or she consents to the proffered help, may be assisted to his or her home, an

approved public treatment facility, an approved private treatment facility, or other health facility

by the police.

     (b) A person who appears to be incapacitated by alcohol shall be taken into protective

custody by the police and immediately brought to an approved public treatment facility for

emergency treatment. If no approved public treatment facility is readily available, he or she shall

be taken to an emergency medical service customarily used for incapacitated persons. The police,

in detaining the person and in taking him or her to an approved public treatment facility, are taking

him or her into protective custody and shall make every reasonable effort to protect his or her health

and safety. In taking the person into protective custody, the detaining officer may take reasonable

steps to protect himself or herself. If it is impracticable to take a person to an approved facility, the

police may take him or her into protective custody in the police station in suitable quarters, for a

reasonable time. A taking into protective custody under this section is not an arrest. No entry or

other record shall be made to indicate that the person has been arrested or charged with a crime.

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     (c) A person who comes voluntarily or is brought to an approved public treatment facility

shall be examined by a licensed physician as soon as possible. He or she may then be admitted as

a patient or referred to another health facility, or be released to his or her own custody. The referring

approved public treatment facility shall arrange for his or her transportation as provided for in §

23-1.10-9(d).

     (d) A person who by medical examination is found to be incapacitated by alcohol at the

time of his or her admission or to have become incapacitated at any time after his or her admission,

may not be detained at the facility: (1) once he or she is no longer incapacitated by alcohol, or (2)

if he or she remains incapacitated by alcohol for more than five (5) days after admission as a patient,

unless he or she is committed under § 23-1.10-11. A person may consent to remain in the facility

for as long as the physician in charge believes appropriate.

     (e) A person who is not admitted to an approved public treatment facility, who is not

referred to another health facility, and who has no funds may be taken to his or her home, if any. If

he or she has no home, the approved public treatment facility shall refer or advise him or her to

make contact with the appropriate state or federal agency for assistance in obtaining shelter.

     (f) If a patient is admitted to an approved public treatment facility, his or her family or

next-of-kin shall be notified as promptly as possible if requested by the patient. If an adult patient

who is not incapacitated requests that there be no notification, his or her request shall be respected.

     (g) The police, who act in compliance with this section, are acting in the course of their

official duty and are not criminally or civilly liable for acting in the course of their official duty.

     (h) If the physician in charge of the approved public treatment facility determines it is for

the patient’s benefit, the patient shall be encouraged to agree to further diagnosis and appropriate

voluntary treatment.

     23-1.10-11. Emergency commitment.

     (a) An intoxicated person who (1) has threatened, attempted, or inflicted physical harm on

himself or herself or another and is likely to inflict physical harm on himself or herself or another

unless committed, or (2) is incapacitated by alcohol, may be committed to an approved public

treatment facility for emergency treatment. A refusal to undergo treatment does not constitute

evidence of lack of judgment as to the need for treatment.

     (b) The certifying physician, spouse, guardian, or relative of the person to be committed,

or any other responsible person, may make a written application for commitment under this section,

directed to the administrator of the approved public treatment facility. The application shall state

facts to support the need for emergency treatment and be accompanied by a physician’s certificate

stating that he or she has examined the person sought to be committed within two (2) days before

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the certificate’s date and facts supporting the need for emergency treatment.

     (c) Upon approval of the application by the administrator in charge of the approved public

treatment facility, the person shall be brought to the facility by a peace officer, health officer, the

applicant for commitment, the patient’s spouse, the patient’s guardian, or any other interested

person. The person shall be retained at the facility to which he or she was admitted, or transferred

to another appropriate public or private treatment facility, until discharged under subsection (e).

     (d) The administrator in charge of an approved public treatment facility shall refuse an

application if in his or her opinion the application and certificate failed to sustain the grounds for

commitment.

     (e) When, on the advice of the medical staff, the administrator determines that the grounds

for commitment no longer exist, he or she shall discharge a person committed under this section.

No person committed under this section may be detained in any treatment facility for more than ten

(10) days. If a petition for involuntary commitment under § 23-1.10-12 has been filed within the

ten (10) days and the administrator in charge of an approved public treatment facility finds that

grounds for emergency commitment still exist, he or she may detain the person until the petition

has been heard and determined, but no longer than ten (10) days after filing the petition.

     (f) A copy of the written application for commitment and of the physician’s certificate, and

a written explanation of the person’s right to counsel, shall be given to the person within twenty-

four (24) hours after commitment by the administrator, who shall provide a reasonable opportunity

for the person to consult counsel.

     23-1.10-12. Involuntary commitment of alcoholics.

     (a) A person may be committed to the custody of the department by the district court upon

the petition of his or her spouse or guardian, a relative, the certifying physician, or the administrator

in charge of any approved public treatment facility. The petition shall allege that the person is an

alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that he or she:

(1) has threatened, attempted, or inflicted physical harm on himself or herself or another and that

unless committed is likely to inflict physical harm on himself or herself or another; or (2) will

continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in

ability to function independently if not treated, and is unable to make a rational and informed choice

as to whether or not to submit to treatment, and as a result, poses a danger to himself or herself.

Evidence that the person has had numerous short-term, involuntary admissions to a treatment

facility shall be considered by the court in making a decision pursuant to this chapter. The petition

shall be accompanied by a certificate of a licensed physician who has examined the person within

three (3) days before submission of the petition, unless the person whose commitment is sought

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has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in

the petition. The certificate shall set forth the physician’s findings in support of the allegations of

the petition.

     (b) Upon filing the petition, the court shall fix a date for a hearing no later than ten (10)

days after the date the petition was filed. A copy of the petition and of the notice of the hearing,

including the date fixed by the court, shall be served on the petitioner, the person whose

commitment is sought, his or her next-of-kin other than the petitioner, a parent or his or her legal

guardian if he or she is a minor, the administrator in charge of the approved public treatment facility

to which he or she has been committed for emergency care, and any other person the court believes

advisable. A copy of the petition and certificate shall be delivered to each person notified.

     (c) At the hearing the court shall hear all relevant testimony, including, if possible, the

testimony of at least one licensed physician who has examined the person whose commitment is

sought. The person shall be present unless the court believes that his or her presence is likely to be

injurious to him or her; in this event the court shall appoint a guardian ad litem to represent him or

her throughout the proceeding. The court shall examine the person in open court, or if advisable

shall examine the person out of court. If the person has refused to be examined by a licensed

physician, he or she shall be given an opportunity to be examined by a court-appointed licensed

physician. If he or she refuses and there is sufficient evidence to believe that the allegations of the

petition are true, or if the court believes that more medical evidence is necessary, the court may

make a temporary order committing him or her to the division for a period of not more than five

(5) days for purposes of a diagnostic examination.

     (d) If after hearing all relevant evidence, including the results of any diagnostic

examination by the department, the court finds that grounds for involuntary commitment have been

established by clear and convincing proof, it shall make an order of commitment to the department.

It may not order commitment of a person unless it determines that the department is able to provide

adequate and appropriate treatment for him or her and the treatment is likely to be beneficial.

     (e) A person committed under this section shall remain in the custody of the department

for treatment for a period of thirty (30) days unless sooner discharged. At the end of the thirty (30)

day period, he or she shall be discharged automatically unless the department before the expiration

of the period obtains a court order for his or her recommitment upon the grounds set forth in

subsection (a) for a further period of ninety (90) days unless sooner discharged. If a person has

been committed because he or she is an alcoholic likely to inflict physical harm on himself or

herself or another, the department shall apply for recommitment if after examination it is

determined that the likelihood still exists.

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     (f) A person recommitted under subsection (a) who has not been discharged by the

department before the end of the ninety (90) day period shall be discharged at the expiration of that

period unless the department, before the expiration of the period, obtains a court order on the

grounds set forth in subsection (a) for recommitment for a further period not to exceed ninety (90)

days. If a person has been committed because he or she is an alcoholic likely to inflict physical

harm on himself or herself or another, the department shall apply for recommitment if after

examination it is determined that the likelihood still exists. Only two (2) recommitment orders

under subsection (e) and (f) shall be permitted.

     (g) Upon the filing of a petition for recommitment under subsection (e) or (f), the court

shall fix a date for a hearing no later than ten (10) days after the date the petition was filed. A copy

of the petition and of the notice of the hearing, including the date fixed by the court, shall be served

on the petitioner, the person whose commitment is sought, his or her next-of-kin other than the

petitioner, the original petitioner under subsection (a) if different from the petitioner for

recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and any

other person the court believes advisable. At the hearing the court shall proceed as provided in

subsection (c).

     (h) The department shall provide for adequate and appropriate treatment of a person

committed to its custody. The department may transfer any person committed to its custody from

one approved public treatment facility to another if transfer is medically advisable.

     (i) A person committed to the custody of the department for treatment shall be discharged

at any time before the end of the period for which he or she has been committed if either of the

following conditions is met:

     (1) In case of an alcoholic committed on the grounds of likelihood of infliction of physical

harm upon himself or herself or another, that he or she is no longer an alcoholic or the likelihood

no longer exists; or

     (2) In case of an alcoholic committed on the grounds of the need of treatment, deterioration,

inability to function, or the fact that he or she is a danger to himself or herself, that the deterioration

no longer exists, that he or she is no longer a danger to himself or herself, that he or she is able to

function, that further treatment will not be likely to bring about significant improvement in the

person’s condition, or treatment is no longer adequate or appropriate.

     (j) The court shall inform the person whose commitment or recommitment is sought of his

or her right to contest the application, be represented by counsel at every stage of any proceedings

relating to his or her commitment and recommitment, and have counsel appointed by the court or

provided by the court if he or she wants the assistance of counsel and is unable to obtain counsel.

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If the court believes that the person needs the assistance of counsel, the court shall require, by

appointment if necessary, counsel for him or her regardless of his or her wishes. The person whose

commitment or recommitment is sought shall be informed of his or her right to be examined by a

licensed physician of his or her choice. If the person is unable to obtain a licensed physician and

requests examination by a physician, the court shall employ a licensed physician.

     (k) If a private treatment facility agrees with the request of a competent patient or his or

her parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of

the public treatment facility shall transfer him or her to the private treatment facility.

     (l) A person committed under this chapter may at any time seek to be discharged from

commitment by writ of habeas corpus.

     (m)(1) Any aggrieved party may appeal to the superior court from a judgment of the district

court by claiming the appeal in writing filed with the clerk within forty-eight (48) hours, exclusive

of Sundays and legal holidays, after the judgment is entered.

     (2) All court actions shall be heard within fourteen (14) days after the appeal and shall have

precedence on the calendar and shall continue to have precedence on the calendar on a day-to-day

basis until the matter is heard.

     23-1.10-13. Confidentiality of records — Availability for research.

     (a) The registration and other records of treatment facilities shall remain confidential and

are privileged to the patient.

     (b) Notwithstanding subsection (a), the director may make available information from

patients’ records for purposes of research into the causes and treatment of alcoholism. Information

under this subsection shall not be published in a way that discloses patients’ names or other

identifying information.

     23-1.10-14. Visitation rights — Mail and other communications.

     (a) Subject to reasonable rules regarding hours of visitation which the director may adopt,

patients in any approved treatment facility shall be granted opportunities for adequate consultation

with counsel, and for continuing contact with family and friends consistent with an effective

treatment program.

     (b) Neither mail nor other communication to or from a patient in any approved treatment

facility may be intercepted, read, or censored. The director may adopt reasonable rules regarding

the use of telephone by patients in approved treatment facilities.

     23-1.10-15. Payment for treatment.

     (a) If treatment is provided by an approved public treatment facility and the patient has not

paid the charge for that treatment, the department is entitled to any payment:

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     (1) Received by the patient or to which he or she may be entitled because of the services

rendered; and

     (2) From any public or private source available to the department because of the treatment

provided to the patient.

     (b) A patient in an approved treatment facility, or the estate of the patient, or a person

obligated to provide for the cost of treatment and having sufficient financial ability, is liable to the

division for cost of maintenance and treatment of the patient in an approved treatment facility in

accordance with established rates.

     (c) The director shall adopt rules governing financial ability that take into consideration the

income, savings, and other personal and real property of the person required to pay, and any support

being furnished by him or her to any person he or she is required by law to support.

     23-1.10-16. Limits on application of laws punishing intoxication.

     (a) Neither the state, municipality, nor other political subdivision of the state or

municipality may adopt or enforce a law, ordinance, resolution, or rule having the force of law that

includes drinking, being a common drunkard, or being found in an intoxicated condition as one of

the elements of the offense giving rise to a criminal or civil penalty or sanction.

     (b) Neither the state, municipality, nor other political subdivision of the state or

municipality shall interpret or apply any law of general application to circumvent the provision of

subsection (a).

     (c) Nothing in this chapter affects any law, ordinance, resolution, or rule against drunken

driving, driving under the influence of alcohol, or other similar offense involving the operation of

a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing,

possessing, or use of alcoholic beverages at stated time and places or by a particular class of

persons.

     23-1.10-17. Severability.

     If any provision of this chapter or the application of that provision to any person or

circumstance is held invalid, the invalidity does not affect other provisions or applications of the

chapter which can be given effect without the invalid provision or application, and to this end the

provisions of this chapter are severable.

     23-1.10-18. Application of Administrative Procedures Act.

     Except as otherwise provided in this chapter, the state Administrative Procedures Act,

chapter 35 of title 42, applies to and governs all administrative action taken by the director.

     23-1.10-19. Rules and regulations.

     All rules and regulations promulgated in accordance with the provisions of this chapter

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shall be adopted in accordance with the procedures specified in chapter 35 of title 42, the

Administrative Procedures Act.

     23-1.10-20. Pilot alternative program established.

     (a) There is hereby created a program for individuals impaired by substance abuse related

issues, as an alternative treatment/referral service to the emergency room department, to foster their

entry into a continuum of care for treatment and recovery. This pilot program shall be an addition

and shall not alter the comprehensive and coordinated program for the treatment of alcoholics and

intoxicated persons as set forth in § 23-1.10-6.

     (b) As used in this section, the following words and terms shall have the following

meanings:

     (1) “Department” means the Rhode Island department of behavioral healthcare,

developmental disabilities and hospitals.

     (2) “Pilot program” means the program described in this section. The pilot program shall

not be subject to subsections 23-1.10-10(a), (b), (c) and (d).

     (3) “Substance abuse related issues” means any of the symptoms that are caused by either

active substance use, substance abuse/dependence or a combination of both.

     (c) No later than December 31, 2012, and subject to approval of the Rhode Island executive

office of health and human services, the department shall present a proposal to the governor and

general assembly to expand existing service(s), that shall result in services described in subsection

(a) available twenty-four (24) hours a day, seven (7) days a week to implement the pilot program.

     (d) Subject to approval from the governor and general assembly and the receipt of required

funds, the director shall commence the implementation of the pilot program.

     (e) The director may adopt such rules and regulations governing the management of the

pilot program as he/she deems necessary to carry out the provisions of this section.

     (f) The pilot program shall have a duration of three (3) years, commencing on the date that

the first licensed facility becomes operational.

     (g) The department shall provide an annual report of its findings and recommendations to

the general assembly and governor no later than January 31 of each year beginning in 2014.

     (h) After three (3) years of operations, the department shall provide an analysis

demonstrating outcomes related to the pilot program to the general assembly and governor.

     SECTION 2. Chapter 23-10.1 of the General Laws entitled "Emergency Commitment for

Drug Intoxication" is hereby repealed in its entirety.

CHAPTER 23-10.1

Emergency Commitment for Drug Intoxication

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     23-10.1-1. Short title.

     This chapter shall be known as the “Emergency Commitment for Drug Intoxication Law”.

     23-10.1-2. Definitions.

     Whenever used in this chapter, or in any order, rule, or regulation made or promulgated

pursuant to this chapter, or in any printed forms prepared by the department or the director, unless

otherwise expressly stated, or unless the context or subject matter otherwise requires:

     (1) “Approved public treatment facility” means a treatment agency operating under the

direction and control of the department or providing treatment under this chapter through a contract

with the department.

     (2) “Department” means the state department of behavioral healthcare, developmental

disabilities and hospitals.

     (3) “Director” means the director of the state department of behavioral healthcare,

developmental disabilities and hospitals.

     (4) “Drug intoxication” means an altered physiological substance or psychoactive

substances, in which normal functioning is seriously impeded.

     (5) “Likely to injure him or herself or others” means:

     (i) A substantial risk of physical harm to himself or herself as manifested by behavior

evidencing serious threats of, or attempts at, suicide or by behavior which will result in serious

bodily harm; or

     (ii) A substantial risk of physical harm to other persons as manifested by behavior or threats

evidencing homicidal or other violent behavior.

     (6) “Physician” means a person duly licensed to practice medicine or osteopathy in this

state.

     (7) “Psychoactive substance” means a drug that affects the central nervous system and

alters mood, perception, and/or consciousness.

     23-10.1-3. General powers and duties.

     (a) The department is charged with the execution of the laws relating to the emergency

admission and custody of drug intoxicated individuals.

     (b) The department may adopt rules and regulations that it may deem necessary to carry

out the provisions of this chapter to insure the safety and promote the welfare of individuals

committed to its custody pursuant to this chapter.

     23-10.1-4. Emergency commitment.

     (a) Any police officer may take an individual into protective custody and transport him or

her to the emergency room of any hospital if the officer has reason to believe that:

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     (1) The individual is intoxicated by drugs other than alcohol and as a result is likely to

injure him or herself or others if allowed to be at liberty pending examination by a licensed

physician; or

     (2) The individual is in need of immediate assistance due to the use of drugs and requests

the assistance.

     (b) A physician in charge of an emergency room of a hospital shall determine if any

individual brought into the emergency room by a police officer, family member, or other interested

person, requires emergency medical treatment for his or her condition or if the individual is

appropriate for emergency commitment to an approved public treatment facility by reason of the

grounds stated in this section.

     (c) If a physician determines, upon examination, that an individual is medically stable and

appropriate for emergency commitment to an approved public treatment facility, he or she shall

make application for the individual’s admission to the approved public treatment facility.

     (d) The application for admission shall state the circumstances under which an individual

was taken into custody, brought to the emergency room, or brought to an approved public treatment

facility and the reason for the physician’s determination that the individual needs emergency

commitment for drug intoxication.

     (e) Upon the request of any physician making application in writing under this section, it

shall be the duty of any police department of this state or any governmental subdivision of this state

to whom the request is made, to take into custody and transport the individual to the designated

approved public treatment facility.

     23-10.1-5. Period of treatment.

     An individual admitted to an approved public treatment facility pursuant to this chapter

shall be held for a minimum of twenty-four (24) hours for evaluation, and shall be discharged no

later than five (5) days measured from the date of his or her admission.

     23-10.1-6. Criminal law limitations.

     Nothing in this chapter affects any law, ordinance, or resolution against driving under the

influence of drugs, or other similar offense involving the operation of a vehicle, aircraft, boat,

machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of

drugs.

     SECTION 3. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 1.12

COMMITTMENT OF ALCOHOLICS OR SUBSTANCE ABUSERS

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     23-1.12-1. Definitions.

     For the purposes of this chapter the following terms shall, unless the context clearly

requires otherwise, have the following meanings:

     (1) "Alcohol use disorder'' means the chronic or habitual consumption of alcoholic

beverages by a person to the extent that:

     (i) Such use substantially injures the person's health or substantially interferes with the

person's social or economic functioning; or

     (ii) The person has lost the power of self-control over the use of such beverages.

     (2) ''Facility'' means a public or private facility that provides care and treatment for a person

with an alcohol or substance use disorder.

     (3) ''Substance use disorder'' means the chronic or habitual consumption or ingestion of

controlled substances or intentional inhalation of toxic vapors by a person to the extent that:

     (i) Such use substantially injures the person's health or substantially interferes with the

person's social or economic functioning; or

     (ii) The person has lost the power of self-control over the use of such controlled substances

or toxic vapors.

     23-1.12-2. District court petition.

     (a) Any police officer, physician, spouse, blood relative, guardian or court official may

petition in writing any district court or family court for an order of commitment of a person whom

they have reason to believe has an alcohol or substance use disorder. Upon receipt of a petition for

an order of commitment of a person and any sworn statements the court may request from the

petitioner, the court shall immediately schedule a hearing on the petition and shall cause a summons

and a copy of the application to be served upon the respondent. In the event of the respondent's

failure to appear at the time summoned, the court may issue a warrant for the respondent's arrest.

     (b) Upon presentation of such a petition and sworn to affidavits, if there are reasonable

grounds to believe that such person will not appear and that any further delay in the proceedings

would present an immediate danger to the physical well-being of the respondent, said court may

issue a warrant for the apprehension and appearance of such person before it. If such person is not

immediately presented before a judge of the district court, the warrant shall continue day after day

for up to five (5) consecutive days, excluding Saturdays, Sundays and legal holidays, or until such

time as the person is presented to the court, whichever is sooner; provided, however, that an arrest

on such warrant shall not be made unless the person may be presented immediately before a judge

of the district court.

     (c) The person shall have the right to be represented by legal counsel and may present

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independent expert or other testimony. If the court finds the person indigent, it shall immediately

appoint counsel. The court shall order examination by a qualified physician, a qualified

psychologist or a qualified social worker.

     23-1.12-3. District court hearing and placement process.

     (a) If, after a hearing, which shall include expert testimony and may include other evidence,

the court finds that such person is an individual with an alcohol or substance use disorder and there

is a likelihood of serious harm as a result of the person's alcohol or substance use disorder, the court

may order such person to be committed for a period not to exceed ninety (90) days to a facility

designated by the department of behavioral healthcare, developmental disabilities and hospitals

(BHDDH), followed by the availability of case management services provided by BHDDH for up

to one year; provided that, a review of the necessity of the commitment shall take place by the

facility administrator on days thirty (30), forty-five (45), sixty (60) and seventy-five (75), as long

as the commitment continues. A person so committed may be released prior to the expiration of the

period of commitment, upon written determination by the administrator of the facility that release

of that person will not result in a likelihood of serious harm; provided that, the administrator shall

provide timely notification to the committing court and, if consent is obtained from the committed

person, to the petitioner; provided further, that the administrator shall request such consent from

all committed persons. Such commitment shall be for the purpose of inpatient care for the treatment

of an alcohol or substance use disorder in a facility licensed or approved by BHDDH. Subsequent

to the issuance of a commitment order, the administrator of a facility may authorize the transfer of

a patient to a different facility for continuing treatment; provided that, the administrator shall

provide timely notification of the transfer to the committing court and, if consent is obtained from

the committed person, to the petitioner; provided further, that the administrator shall request such

consent from all committed persons.

     (b) If BHDDH informs the court that there are no suitable facilities available for treatment

licensed or approved by BHDDH, or if the court makes a specific finding that the only appropriate

setting for treatment for the person is a secure facility, then the person may be committed to:

     (i) A secure facility for women approved by BHDDH, if a female; or

     (ii) The adult correctional institutions or other such facility as designated by the director of

the department of corrections, if a male; provided, however, that any person so committed shall be

housed and treated separately from persons currently serving a criminal sentence. The person shall,

upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to

remain in the facility for such purpose. BHDDH shall maintain a roster of public and private

facilities available, together with the number of beds currently available and the level of security at

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each facility, for the care and treatment of alcohol use disorder and substance use disorder and shall

make the roster available to the committing court.

     (c) Annually, not later than February 1, the director of the department of corrections shall

report on whether a facility other than the adult correctional institutions, is being used for treatment

of males and the number of persons so committed to such facility in the previous year. The report

shall be provided to the president of the senate and the speaker of the house of representatives.

Nothing in this section shall preclude a facility, including the adult correctional institutions or such

other facility, as may be designated by the director of the department of corrections, from treating

persons on a voluntary basis.

     (d) The court, in its order, shall specify whether such commitment is based upon a finding

that the person is a person with an alcohol use disorder, substance use disorder, or both. The court,

upon ordering the commitment of a person found to be a person with an alcohol use disorder or

substance use disorder pursuant to this chapter, shall transmit the person's name and nonclinical

identifying information, including the person's social security number and date of birth, to the

department of the attorney general. The court shall notify the person that such person is prohibited

from being issued a firearm license or a license to carry a concealed weapon unless a petition for

relief pursuant to this section is subsequently granted.

     (e)(1) After five (5) years from the date of commitment, a person found to be a person with

an alcohol use disorder or substance use disorder and committed pursuant to this chapter may file

a petition for relief with the court that ordered the commitment requesting that the court restore the

person's ability to possess a firearm, rifle or shotgun. The court may grant the relief sought in

accordance with the principles of due process if the circumstances regarding the person's

disqualifying condition and the person's record and reputation are determined to be such that:

     (i) The person is not likely to act in a manner that is dangerous to public safety; and

     (ii) The granting of relief would not be contrary to the public interest.

     (2) In making the determination, the court may consider evidence from a licensed physician

or clinical psychologist that the person is no longer suffering from the disease or condition that

caused the disability or that the disease or condition has been successfully treated for a period of

three (3) consecutive years.

     (f) A facility used for commitment under this section for a person found to be a person with

a substance use disorder shall maintain or provide for the capacity to possess, dispense and

administer all drugs approved by the federal Food and Drug Administration for use in opioid

agonist treatment, including partial agonist treatment, and opioid antagonist treatment for opioid

use disorder and shall make such treatment available to any person for whom such treatment is

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medically appropriate.

     (g) If the court grants a petition for relief pursuant to this section, the clerk shall provide

notice immediately by forwarding a certified copy of the order for relief to the department of the

attorney general, who shall transmit the order to the Department of Justice and/or the Federal

Bureau of Investigation of the United States to be included in the National Instant Criminal

Background Check System.

     (h) A person whose petition for relief is denied may appeal to the superior court for a de

novo review of the denial.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- COMMITMENT OF ALCOHOLICS OR

SUBSTANCE ABUSERS

***

     This act would create a uniform process to address the issue of court ordered commitment

for both alcoholics and substance abusers.

     This act would take effect upon passage.

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