2015 -- H 5850

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LC002003

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

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

     

     Introduced By: Representatives Malik, Hull, Azzinaro, Messier, and Corvese

     Date Introduced: March 12, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-8-1 of the General Laws in Chapter 8-8 entitled "District Court"

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is hereby amended to read as follows:

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     8-8-1. District Court established -- Chief and associate justices. -- There is established

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a district court for the state of Rhode Island which shall consist of a chief judge and twelve (12)

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thirteen (13) associate judges. The district court shall be a court of record and shall have a seal

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with such words and devices as it shall adopt.

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     SECTION 2. Chapter 8-8 of the General Laws entitled "District Court" is hereby

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amended by adding thereto the following section:

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     8-8-1.1. Veterans' treatment calendar. – (a) Findings and declarations. The general

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assembly finds and declares as follows:

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     (1) Veterans and active military, Reserve and National Guard service members have

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provided or are currently providing an invaluable service to our country. In doing so, many return

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and suffer from mental health injuries, including, but not limited to, post-traumatic stress

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disorder, depression, anxiety, acute stress and other injuries that may affect brain function and

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may also suffer drug and alcohol dependency or co-occurring mental illness and substance abuse

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problems.

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     (2) The call back to active duty status rate of Rhode Island's National Guard is the second

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highest in the entire United States with over ten thousand (10,000) unit deployments.

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     (3) The number of veterans living in Rhode Island who have served in the Gulf Wars is

 

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three (3) times higher than the national per capita average and is expected to grow as troops

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continue to withdraw from Afghanistan.

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     (4) While the vast majority of returning military do not have contact with the justice

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system and are well adjusted, contributing members of society, there exists a growing number of

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defendants appearing in the district court who have served in the United States armed forces and

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are involved in the criminal justice system as a result of the above referenced diagnoses.

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     (5) As a grateful state, we must continue to honor the service of these participants by

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providing them an alternative to incarceration when feasible, permitting them instead to obtain

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proper treatment for mental health and substance abuse problems that have resulted from military

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service through a jail diversion program/treatment program that recognizes their special set of

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circumstances while at the same time providing accountability for their wrong-doing and

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providing for the safety of the public.

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     (b) Declaration of policy. It is hereby declared to be the policy of the state of Rhode

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Island to successfully rehabilitate participants by providing the tools and skills necessary to

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address their unique challenges and to develop the insight to reintegrate successfully into society

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and maintain a productive and law abiding lifestyle within the community.

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     (c) Establishment. To accomplish this purpose in an effort to direct defendants who have

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served in the United States armed forces into a court program which integrates support and

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treatment plans with the judicial process that will result in potential jail diversion, possible

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reduction of charges or alternatives in sentencing, there shall be established a separate calendar

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within the jurisdiction of the district court for hearing, trial and disposition of certain offenses.

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     (d) Veterans' treatment calendar. The chief judge of the district court shall create a

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veterans' treatment calendar in the district court and shall assign personnel to the extent warranted

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to exclusively hear and decide all criminal actions involving offenses committed by defendants

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accepted into the program, and the calendar shall be referred to as the "veterans' treatment court".

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     (e) Use of section. Under no circumstances shall the defendant(s) be permitted to use this

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section as a basis for a dismissal of an action, as this section is enacted for the benefit and

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convenience of the district court.

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     SECTION 3. 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 -- DISTRICT COURT

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     This act would increase the number of judges on the District Court from twelve (12) to

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thirteen (13) and would establish the veterans' treatment calendar in the district court.

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     This act would take effect upon passage.

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