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 | |
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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: | |
1 | SECTION 1. Chapter 8-8 of the General Laws entitled "District Court" is hereby amended |
2 | 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 a diagnosed mental illness, while nearly |
8 | 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 when 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) The district court shall create a voluntary mental health treatment calendar to better |
18 | address individuals who suffer from mental illness and are charged with a misdemeanor. The |
19 | district court will provide the tools and skills necessary to address these individuals’ unique |
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1 | challenges thus helping them develop the insight needed to reintegrate successfully into society and |
2 | maintain a productive and law-abiding lifestyle within the community. |
3 | (c) There shall be established, funded and staffed a mental health alternative sentencing |
4 | and treatment calendar within the jurisdiction of the district court for hearing, addressing and |
5 | disposing of certain misdemeanor offenses in an effort to direct eligible defendants into a court |
6 | program that integrates support and treatment plans with the judicial process, potentially resulting |
7 | in alternatives to traditional prosecution, sentencing and incarceration; reducing the risk of |
8 | recidivism; realizing cost savings for the state and increasing public safety. Successful completion |
9 | may result in a full dismissal of charges or in reduced charges and alternative sentencing. The |
10 | mental health treatment calendar shall be overseen by a district court magistrate to be appointed |
11 | pursuant to § 8-8-16.2, subject to an appropriation made by the general assembly. |
12 | (d) The chief judge of the district court shall create a mental health treatment calendar in |
13 | the district court and shall assign a district court magistrate and associated personnel to the extent |
14 | necessary to hear and decide all criminal actions involving offenses committed by defendants |
15 | accepted into the program. [The calendar shall be called the mental health treatment calendar.] |
16 | (e) An eligible defendant is any person who stands charged in a district court complaint |
17 | with one or more misdemeanors, and: |
18 | (1) Suffers from a mental, behavioral or emotional disorder resulting in serious functional |
19 | impairment which substantially interferes with or limits one or more major life activities; and |
20 | (2) Is determined by the court to be appropriate for participation in the mental health |
21 | treatment calendar. |
22 | (3) An individual’s history of substance and alcohol abuse may also be considered to the |
23 | extent necessary to make a proper diagnosis of a co-occurring disorder. |
24 | 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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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. |
4 | This act would take effect upon passage. |
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