| Chapter 402 |
| 2026 -- H 8247 Enacted 06/23/2026 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- SUPERIOR COURT |
Introduced By: Representatives Casimiro, Stewart, Cruz, Shallcross Smith, Slater, Bennett, Read, Potter, Giraldo, and Diaz |
| Date Introduced: March 06, 2026 |
| 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 Recovery 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 drug recovery court |
| magistrate 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 drug recovery court magistrates shall be |
| members of the bar of Rhode Island. The powers and duties of the drug recovery court magistrate |
| shall be prescribed in the order appointing him or her in addition to those described herein. |
| The drug recovery court magistrate’s term shall be ten (10) years and until a successor is |
| appointed and qualified. Nothing in this section shall prohibit a drug recovery court magistrate from |
| being reappointed for additional ten-year (10) terms by the presiding justice of the superior court |
| with the advice and consent of the senate. He or sheThe recovery court magistrate shall receive |
| a salary equivalent to that received by the special magistrate assigned to the superior court. The |
| drug recovery court magistrate shall preside over the adult drug recovery court. The adult drug |
| recovery court program shall combine the coercive powers of the court with a therapeutic regimen |
| in order to rehabilitate drug addicted defendants. |
| (c) The drug recovery court magistrate 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 adult drug recovery |
| court. In addition, the drug recovery court magistrate 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 drug recovery court magistrate 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 adult drug recovery court: |
| (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 for felony crimes of violence. |
| (3) The individual has no pending charges for delivery of a controlled substance. |
| (4) The defendant is a drug-addicted person. |
| (e) All individuals accepted into drug recovery court will be bound by a drug recovery |
| court contract, as defined by the adult drug recovery court, that sets forth the court’s expectations; |
| the role and responsibilities of the drug recovery court; 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 drug recovery court conditions and orders, he or shethe defendant may be terminated |
| from the program by the drug recovery court judge and sentenced as he or she deems appropriate. |
| (f) The drug recovery court magistrate 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 |
| “sexual offender registration and community notification.” |
| (g) The drug recovery court magistrate 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 |
| recovery 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 drug recovery court magistrate 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 drug recovery court magistrate 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 |
| drug recovery court magistrate, and for enforcement of contempt adjudications of a drug recovery |
| court magistrate. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005924 |
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