2022 -- S 2787

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LC005070

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

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

     

     Introduced By: Senators Archambault, and McCaffrey

     Date Introduced: March 24, 2022

     Referred To: Senate Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 8-8 of the General Laws entitled "District Court" is hereby amended

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by adding thereto the following section:

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     8-8-1.2. Mental health treatment calendar.

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     (a) Findings and declarations. The general assembly finds and declares as follows:

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     (1) Mental illness is a prevalent and persistent issue in Rhode Island within the criminal

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population in general and the incarcerated population in particular. Approximately one-fifth (1/5)

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of all inmates at the adult correctional institutions have a diagnosed mental illness, while nearly

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eighty percent (80%) have a history of substance abuse. Many suffer from both maladies.

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     (2) Mental illness can often go unrecognized and untreated, leaving some individuals to

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suffer and spiral downward until they are caught in the criminal justice system. These individuals

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often become trapped in a cycle of repeated prosecution and incarceration.

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     (3) Individuals with mental illness who are charged with crimes can benefit from

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alternatives to incarceration when feasible, and when permitted to obtain proper treatment for

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persistent mental health and substance abuse disorders through a jail diversion treatment program

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that recognizes their special set of circumstances while at the same time providing accountability

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for their wrong-doing and providing for the safety of the public.

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     (b) The district court shall create a voluntary mental health treatment calendar to better

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address individuals who suffer from mental illness and are charged with a misdemeanor. The

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district court will provide the tools and skills necessary to address these individuals’ unique

 

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challenges thus helping them develop the insight needed to reintegrate successfully into society and

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

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     (c) There shall be established, funded and staffed a mental health alternative sentencing

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and treatment calendar within the jurisdiction of the district court for hearing, addressing and

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disposing of certain misdemeanor offenses in an effort to direct eligible defendants into a court

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program that integrates support and treatment plans with the judicial process, potentially resulting

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in alternatives to traditional prosecution, sentencing and incarceration; reducing the risk of

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recidivism; realizing cost savings for the state and increasing public safety. Successful completion

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may result in a full dismissal of charges or in reduced charges and alternative sentencing. The

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mental health treatment calendar shall be overseen by a district court magistrate to be appointed

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pursuant to § 8-8-16.2, subject to an appropriation made by the general assembly.

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     (d) The chief judge of the district court shall create a mental health treatment calendar in

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the district court and shall assign a district court magistrate and associated personnel to the extent

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

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accepted into the program. [The calendar shall be called the mental health treatment calendar.]

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     (e) An eligible defendant is any person who stands charged in a district court complaint

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with one or more misdemeanors, and:

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     (1) Suffers from a mental, behavioral or emotional disorder resulting in serious functional

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impairment which substantially interferes with or limits one or more major life activities; and

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     (2) Is determined by the court to be appropriate for participation in the mental health

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treatment calendar.

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     (3) An individual’s history of substance and alcohol abuse may also be considered to the

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extent necessary to make a proper diagnosis of a co-occurring disorder.

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     SECTION 2. 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 create within the district court a dedicated calendar offering treatment and

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sentencing alternatives to eligible defendants deemed to suffer from serious and persistent mental

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illness.

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     This act would take effect upon passage.

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