Chapter 369

2017 -- S 0605 Enacted 10/04/2017

A N   A C T

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

Introduced By: Senators McCaffrey, Lombardi, Archambault, Conley, and Nesselbush

Date Introduced: March 15, 2017

It is enacted by the General Assembly as follows:

SECTION 1. Section 8-2-39.2 of the General Laws in Chapter 8-2 entitled "Superior

Court" is hereby amended to read as follows:

8-2-39.2. Drug court magistrate -- Appointment, duties and powers.

(a) For the purposes of this chapter:

(1) "Non-violent" means and includes all charges that are not crimes of violence, the

following being a list of all charges considered to be crimes of violence for the purposes of this

section: murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, first-

degree sexual assault, second-degree sexual assault, first-and second-degree child molestation,

assault, assault with intent to murder, assault with intent to rob, assault with intent to commit

first-degree sexual assault, entering a dwelling house with intent to commit murder, robbery, or

sexual assault.

(2) "Drug-addicted person" means a person who exhibits a maladaptive pattern of

behavior resulting from drug use, including one or more of the following: impaired control over

drug use; compulsive use; and/or continued use despite harm, and craving.

(b) There is hereby created within the superior court the position of Ddrug Ccourt

Mmagistrate who shall be appointed by the presiding justice of the superior court with the advice

and consent of the senate. The persons appointed to serve as Ddrug Ccourt Mmagistrates shall be

members of the bar of Rhode Island. The powers and duties of the Ddrug Ccourt Mmagistrate

shall be prescribed in the order appointing him or her in addition to those described herein.

The Ddrug Ccourt Mmagistrate's term shall be ten (10) years and until a successor is

appointed and qualified. Nothing in this article section shall prohibit a Ddrug Ccourt

Mmagistrate from being reappointed for additional ten-(10) year (10) terms by the presiding

justice of the superior court with the advice and consent of the senate. He or she shall receive a

salary equivalent to that received by the special magistrate assigned to the superior court. The

Ddrug Ccourt Mmagistrate shall preside over the Aadult Ddrug Ccourt. The Aadult Ddrug

Ccourt Pprogram shall combine the coercive powers of the court with a therapeutic regimen in

order to rehabilitate drug addicted defendants.

(c) The Ddrug Ccourt Mmagistrate shall be empowered to hear and decide as a superior

court justice all matters relating to those adult offenders who come before the jurisdiction of the

superior court on any offense relating to the offender's participation in the Aadult Ddrug Ccourt.

In addition, the Ddrug Ccourt Mmagistrate shall have the power to impose a period of

incarceration upon a plea of guilty or nolo contendere, and also have the power to confine any

person who has been found to be in violation of any conditions previously imposed by the

superior court.

(d) The Ddrug Ccourt Mmagistrate shall make the final determination as to whether a

defendant is admitted into the program. Individuals meeting the following criteria, shall be

screened by staff working at the office of the attorney general upon the department's own

referral,; upon a request by counsel entered on behalf of a defendant; upon request by a judge of

the superior or district court, or, in the case of a person waivable by the family court, by a judge

of that court,; or the department of corrections for admittance into the Aadult Ddrug Ccourt:

(1) The individual is charged with or convicted of an alcohol-or drug-related offense or

with an appropriate non-violent offense.

(2) The individual has no pending charges or prior convictions for felony crimes of

violence.

(3) The individual has no pending charges or prior convictions for delivery of a

controlled substance.

(4) The defendant is a drug-addicted person.

(e) All individuals accepted into Ddrug Ccourt will be bound by a Ddrug Ccourt contract,

as defined by the Aadult Ddrug Ccourt, which that sets forth the court's expectations,; the role

and responsibilities of the Ddrug Ccourt,; the conditions imposed upon and the responsibilities of

the defendant,; and the treatment plan goals and strategies. If a defendant fails to abide by the

Ddrug Ccourt conditions and orders, he or she may be terminated from the program by the Ddrug

Ccourt judge and sentenced as he or she deems appropriate.

(f) The Ddrug Ccourt Mmagistrate shall be empowered to hear and decide as a superior

court justice all matters that may come before the superior court pursuant to chapter 37.1 of title

11 "Ssexual Ooffender Rregistration and Ccommunity Nnotification."

(g) The Ddrug Ccourt Mmagistrate and/or the presiding justice of the superior court may

fix the venue of any person who is before the superior court as a participant in the Adult Drug

Court or who is alleged to be a sexual predator, and who has filed an objection to community

notification.

(h) In addition, at the discretion of the presiding justice of the superior court, the drug

court magistrate shall have the duties, responsibilities, and powers authorized in subsections 8-2-

39(b), (c) and (d).

(i) The Ddrug Ccourt Mmagistrate shall be governed by the commission on judicial

tenure and discipline, chapter 16 of title 8, in the same manner as justices and judges; shall be

subject to all provisions of the canons of judicial ethics or code of judicial conduct; and shall be

subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2.

(j) A party aggrieved by an order entered by the Ddrug Ccourt Mmagistrate shall be

entitled to a review of the order by a justice of the superior court. Unless otherwise provided in

the rules of procedure of the court, such review shall be on the record and appellate in nature. The

superior court shall, by rules of procedure, establish procedures for reviews of orders entered by a

Ddrug Ccourt Mmagistrate, and for enforcement of contempt adjudications of a Ddrug Ccourt

Mmagistrate.

SECTION 2. This act shall take effect upon passage.

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LC002131

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