2026 -- S 3099

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LC006102

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

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

     Introduced By: Senators Tikoian, Ciccone, LaMountain, Bissaillon, McKenney, Burke,
Raptakis, Quezada, and Dimitri

     Date Introduced: March 13, 2026

     Referred To: Senate Judiciary

     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 she 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 she 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

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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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

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     This act would change the term of drug court to recovery court.

     This act would take effect upon passage.

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