§ 8-8-1.2. Mental health treatment calendar.
(a) Findings and declarations. The general assembly finds and declares as follows:
(1) Mental illness is a prevalent and persistent issue in Rhode Island within the criminal population in general and the incarcerated population in particular. Approximately one-fifth (1/5) of all inmates at the adult correctional institutions have a diagnosed mental illness, while nearly eighty percent (80%) have a history of substance abuse. Many suffer from both maladies.
(2) Mental illness can often go unrecognized and untreated, leaving some individuals to suffer and spiral downward until they are caught in the criminal justice system. These individuals often become trapped in a cycle of repeated prosecution and incarceration.
(3) Individuals with mental illness who are charged with crimes can benefit from alternatives to incarceration when feasible, and when permitted to obtain proper treatment for persistent mental health and substance abuse disorders through a jail diversion treatment program that recognizes their special set of circumstances while at the same time providing accountability for their wrongdoing and providing for the safety of the public.
(b) The district court shall create a voluntary mental health treatment calendar to better address individuals who suffer from mental illness and are charged with a misdemeanor. The district court will provide the tools and skills necessary to address these individuals’ unique challenges thus helping them develop the insight needed to reintegrate successfully into society and maintain a productive and law-abiding lifestyle within the community.
(c) There shall be established, funded, and staffed a mental health alternative sentencing and treatment calendar within the jurisdiction of the district court for hearing, addressing, and disposing of certain misdemeanor offenses in an effort to direct eligible defendants into a court program that integrates support and treatment plans with the judicial process, potentially resulting in alternatives to traditional prosecution, sentencing, and incarceration; reducing the risk of recidivism; and realizing cost savings for the state and increasing public safety. Successful completion may result in a full dismissal of charges or in reduced charges and alternative sentencing. The mental health treatment calendar shall be overseen by a district court judge to be appointed pursuant to chapter 16.1 of this title, subject to an appropriation made by the general assembly.
(d) The chief judge of the district court shall create a mental health treatment calendar in the district court and shall assign a district court judge and associated personnel to the extent necessary to hear and decide all criminal actions involving offenses committed by defendants accepted into the program. [The calendar shall be called the mental health treatment calendar.]
(e) An eligible defendant is any person who stands charged in a district court complaint with one or more misdemeanors, and:
(1) Suffers from a mental, behavioral, or emotional disorder resulting in serious functional impairment which substantially interferes with or limits one or more major life activities; and
(2) Is determined by the court to be appropriate for participation in the mental health treatment calendar.
(3) An individual’s history of substance and alcohol abuse may also be considered to the extent necessary to make a proper diagnosis of a co-occurring disorder.
History of Section.
P.L. 2022, ch. 231, art. 11, § 2, effective June 27, 2022.