Chapter 343

2005 -- S 0709

Enacted 07/19/05

A N A C T

RELATING TO COURTS -- SUPERIOR COURT

Introduced By: Senators Badeau, Tassoni, Ruggerio, Ciccone, and Polisena

Date Introduced: February 17, 2005

It is enacted by the General Assembly as follows:

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

Court" is hereby amended to read as follows:

8-2-39.2. Drug court magistrate -- Appointment, duties and powers. – (a) There is

hereby created within the superior court the position of Drug Court Magistrate who shall be

appointed by the presiding justice of the superior court. The person appointed to serve as Drug

Court Magistrate shall be a member of the bar of Rhode Island. The powers and duties of the

Drug Court Magistrate shall be prescribed in the order appointing him or her in addition to those

described herein.

      The Drug Court Magistrate's term shall not exceed three (3) years. His or her salary shall

be paid not out of state funds, but rather from those funds made available from the federal

government. If federal funds become available after the expiration of three (3) years, nothing in

this article shall prohibit the Drug Court Magistrate from being reappointed for an additional

three (3) year terms by the presiding justice of the superior court. He or she shall receive a salary

equivalent to that received by the special magistrate assigned to the superior court.

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

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

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

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

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

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

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

justice all matters that may come before the superior court pursuant to chapter 11-37.1 "Sexual

Offender Registration and Community Notification."

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

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

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

notification.

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

and discipline, chapter 8-16 in the same manner as justices and judges; shall be subject to all

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

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

     SECTION 2. This act shall take effect upon passage.

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LC01917

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