2020 -- S 2448 | |
======== | |
LC004324 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - DISTRICT COURT | |
| |
Introduced By: Senators McCaffrey, Archambault, Lynch Prata, Lombardi, and Euer | |
Date Introduced: February 13, 2020 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 8-8 of the General Laws entitled "District Court" is hereby |
2 | amended by adding thereto the following section: |
3 | 8-8-1.2. Mental health treatment calendar. |
4 | (a) Findings and declarations. The general assembly finds and declares as follows: |
5 | (1) Mental illness is a prevalent and persistent issue in Rhode Island, within the criminal |
6 | population in general and the incarcerated population in particular. Approximately one-fifth (1/5) |
7 | of all inmates at the adult correctional institutions have/possess a diagnosed mental illness, while |
8 | nearly eighty percent (80%) have a history of substance abuse. Many suffer from both maladies. |
9 | (2) Mental illness can often go unrecognized and untreated, leaving some individuals to |
10 | suffer and spiral downward until they are caught in the criminal justice system. These individuals |
11 | often become trapped in a cycle of repeated prosecution and incarceration. |
12 | (3) Individuals with mental illness who are charged with crimes can benefit from |
13 | alternatives to incarceration when feasible, and are permitted to obtain proper treatment for |
14 | persistent mental health and substance abuse disorders through a jail diversion treatment program |
15 | that recognizes their special set of circumstances while at the same time providing accountability |
16 | for their wrong-doing and providing for the safety of the public. |
17 | (b) It is hereby declared to be the policy of the state of Rhode Island to successfully |
18 | identify and stabilize individuals suffering from severe and persistent mental illness who are |
19 | charged with misdemeanor offenses in the district court through treatment, by providing the tools |
| |
1 | and skills necessary to address their unique challenges and by helping them develop the insight |
2 | needed to reintegrate successfully into society and maintain a productive and law-abiding lifestyle |
3 | within the community. |
4 | (c) There shall be established a mental health alternative sentencing and treatment |
5 | calendar within the jurisdiction of the district court for hearing, addressing and disposition of |
6 | certain misdemeanor offenses in an effort to direct eligible defendants who have been recognized |
7 | as suffering from severe and persistent mental illness into a court program that integrates support |
8 | and treatment plans with the judicial process, potentially resulting in alternatives to traditional |
9 | prosecution, sentencing, and incarceration; reduction of the risk of recidivism; cost savings to the |
10 | state; and an increase in public safety. |
11 | (1) The mental health alternative sentencing and treatment calendar shall be overseen by |
12 | a district court clerk/magistrate to be appointed pursuant to § 8-8-16.2, subject to an appropriation |
13 | made by the general assembly. |
14 | (d) The chief judge of the district court shall create a mental health alternative sentencing |
15 | and treatment calendar in the district court and shall assign a district court clerk/magistrate, and |
16 | associated personnel to the extent necessary to hear and decide all criminal actions involving |
17 | offenses committed by defendants accepted into the program. The calendar shall be referred to as |
18 | the "Mental Health Treatment Calendar." |
19 | (e) An eligible defendant is any person who stands charged in a district court complaint |
20 | with one or more misdemeanors, and: |
21 | (1) Has not been previously convicted of or a plead nolo contendere to a disqualifying |
22 | offense, as defined in subsection (f) of this section; |
23 | (2) Suffers from severe and persistent mental illness; and |
24 | (3) Is determined by the court to be appropriate for participation in the mental health |
25 | treatment calendar based on the defendant's clinical assessment, criminal history and criminal risk |
26 | assessment level. |
27 | (f) Definitions for the purposes of this section: |
28 | (1) "Disqualifying offense" means and includes a prior conviction of: |
29 | (i) A capital offense; |
30 | (ii) Felony sale of a controlled substance; |
31 | (iii) Sexual assault; |
32 | (iv) Any sex crime involving a minor, including, but not limited to, child abuse as defined |
33 | in § 11-9-5.3 and any violation of § 11-9-1.3; |
34 | (v) Any offense listed in chapter 67.1 of title 11 (human trafficking); |
| LC004324 - Page 2 of 4 |
1 | (vi) Any offense requiring sex offender registration pursuant to chapter 37.1 of title 11; |
2 | and |
3 | (vii) All firearms offenses, as defined in chapter 47 of title 11, with the exception of: |
4 | (A) Section 11-47-6, mental incompetents and drug addicts prohibited from possession of |
5 | firearms; and |
6 | (B) Section 11-47-52, carrying of a weapon while under the influence of liquor or drugs. |
7 | Disqualifying offense shall also include any attempt or conspiracy to commit any of the offenses |
8 | included in this subsection. |
9 | (2) "Severe and persistent mental illness" means a mental, behavioral or emotional |
10 | disorder resulting in serious functional impairment, which substantially interferes with or limits |
11 | one or more major life activities. An individual's history of substance and alcohol abuse may also |
12 | be considered to the extent necessary to make a proper diagnosis of a co-occurring disorder. |
13 | (g) Under no circumstances shall the defendant(s) be permitted to use this section as a |
14 | basis for a dismissal of an action, as this section is enacted for the benefit and convenience of the |
15 | district court. |
16 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC004324 | |
======== | |
| LC004324 - Page 3 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - DISTRICT COURT | |
*** | |
1 | This act would create within the district court a dedicated calendar offering treatment and |
2 | sentencing alternatives to eligible defendants deemed to suffer from serious and persistent mental |
3 | illness to be known as the "Mental Health Treatment Calendar". |
4 | This act would take effect upon passage. |
======== | |
LC004324 | |
======== | |
| LC004324 - Page 4 of 4 |