Chapter 283 |
2019 -- H 6164 SUBSTITUTE A Enacted 07/16/2019 |
A N A C T |
RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT |
Introduced By: Representatives Jacquard, Corvese, Millea, Maldonado, and Shanley |
Date Introduced: May 30, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 8-2-39.3 of the General Laws in Chapter 8-2 entitled "Superior |
Court" is hereby amended to read as follows: |
8-2-39.3. Superior court diversion. |
(a) In accordance with § 8-6-2, the superior court may create, with the approval of the |
supreme court, rules for a superior court diversion program (the "program"). The presiding justice |
may assign a justice or magistrate to administer the diversion program, in which the defendant |
enters a plea to the pending matter and agrees to written contractual conditions of diversion with |
the justice or magistrate, including reporting to the court as instructed for reviews, until such time |
as the defendant has completed the diversion program to the court's satisfaction and all reviews |
are completed. Contractual conditions may include, but are not limited to, compliance with |
counseling, community service, and restitution obligations. The program is designed to offer an |
alternative to traditional conviction, sentencing, and incarceration by providing eligible |
defendants with a framework of supervision and services in lieu of incarceration and/or probation |
to help them make informed decisions,; engage in positive behavior,; and reduce the risk of |
recidivism. |
(b) Definitions: |
(1) "Disqualifying offense" includes murder,; manslaughter,; first-degree arson,; |
kidnapping with intent to extort,; robbery,; felony assault-serious bodily injury,; larceny from the |
person,; burglary,; entering a dwelling house with intent to commit murder,; robbery,; sexual |
assault,; any domestic violence offense as defined in chapter 29 of title 12,; felony driving while |
intoxicated,; driving while intoxicated-death resulting,; driving while intoxicated-serious bodily |
injury resulting,; possession of greater than one ounce (1 oz.) or greater than one kilogram (1 kg.) |
of a controlled substance, excluding marijuana,; possession of greater than five kilograms (5 kg.) |
of marijuana,; any offense requiring sex offender registration pursuant to chapter 37.l of title 11; |
and child abuse as defined in § 11-9-5.3; and all firearms offenses, as defined in chapter 47 of |
title 11, with the exception of: § 11-47-6, mental incompetents and drug addicts prohibited from |
possession of firearms; § 11-47-8, license or permit required for carrying pistol-possession of |
machine gun; and § 11-47-52, carrying of weapon while under the influence of liquor or drugs. |
The definition shall also include any attempt or conspiracy to commit any of the offenses |
included in this subsection. |
(2) "Eligible defendant" means any person who stands charged in a district court |
complaint, superior court indictment, or a superior court information for a felony offense and: |
(i) Has not been previously convicted of or plead pleaded nolo contendere to a |
disqualifying offense, as defined in this section; |
(ii) Has not been previously convicted of or plead pleaded nolo contendere previously to |
two (2) or more felony offenses within the last five (5) years (excluding any time during which |
the offender was incarcerated for any reason between the time of commission of the previous |
felony and the time of commission of the present felony); and |
(iii) Has not been charged with a disqualifying offense as defined in this section. |
(c) The procedure for referral and admission into the program shall be as follows: |
(1) At any time after the arraignment of an eligible defendant, either in the district court |
or superior court, but prior to the entry of a plea of guilty or the commencement of trial, a referral |
may be made to the judicial diversion program's sentencing case manager. The referral may be |
made by a representative of the department of the attorney general, or counsel entered on behalf |
of a defendant or upon request by a justice of the superior or district court. |
(2) The judicial diversion sentencing case manager shall ensure that the individual is an |
eligible defendant and satisfies any additional criteria established by the court through its rules |
and regulations |
(3) The judicial diversion sentencing case manager shall submit his or her report to the |
justice or magistrate assigned to the program, indicating acceptance or rejection into the program. |
Upon receipt of the report, the court shall confer with counsel for the defendant and counsel for |
the state. |
(4) Either party may request a hearing on the issue of whether the defendant should be |
admitted into the program. |
(5) The superior court magistrate or justice assigned to the program shall make the final |
determination as to whether a defendant is admitted into the program. |
(d) Notwithstanding the above provisions, if counsel for the department of attorney |
general and the counsel for the defendant agree that the defendant should be admitted to the |
program, he or she shall be deemed "eligible" and may be granted admission. |
(e) Once the defendant has been accepted into the program, the defendant shall sign a |
contract. The contract will detail the requirements of the program, which requirements shall be |
consistent with the rules and regulations promulgated by the court. The defendant will be bound |
by the terms of the contract, which will set forth the court's expectations; the conditions imposed |
upon and the responsibilities of the defendant; and the treatment plan goals and strategies. In |
addition, by signing the contract, the defendant agrees to waive any applicable statute of |
limitations and/or right to a speedy trial. |
(f) If a defendant fails to abide by the program's conditions and orders, he or she may be |
terminated from the program by the magistrate or justice assigned to the program. If a defendant |
is terminated from the program then he or she shall have his or her case placed on the superior |
court criminal calendar in the county that the case originated. |
(g) The superior court may make such rules and regulations for the administration and |
enforcement of this chapter as it may deem necessary. Provided, further, notwithstanding any |
provision of the general or public laws to the contrary, the superior court shall have the power to |
adopt by rule or regulation, in whole or in part, any standards, rules, regulations, or other |
standards and procedures governing the judicial diversion program. |
SECTION 2. This act shall take effect upon passage. |
======== |
LC002713/SUB A |
======== |