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:

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

by adding thereto the following section:

     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 wrong-doing 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; 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 magistrate to be appointed

pursuant to § 8-8-16.2, 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 magistrate 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.

     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

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

illness.

     This act would take effect upon passage.

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