AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- SUPERIOR COURT (Changes the term of drug court to recovery court.)

H8247

2026 -- H 8247
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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:
Representatives Casimiro, Stewart, Cruz, Shallcross Smith, Slater,
Bennett, Read, Potter, Giraldo, and Diaz

Date Introduced:
March 06, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 8-2-39.2 of the General Laws in Chapter 8-2 entitled "Superior
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Court" is hereby amended to read as follows:
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8-2-39.2.
Drug court magistrate — Appointment, duties and powers
Recovery court
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magistrate -- Appointment, duties and powers.
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(a) For the purposes of this chapter:
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(1) “Non-violent” means and includes all charges that are not crimes of violence, the
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following being a list of all charges considered to be crimes of violence for the purposes of this
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section: murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, first-
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degree sexual assault, second-degree sexual assault, first- and second-degree child molestation,
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assault, assault with intent to murder, assault with intent to rob, assault with intent to commit first-
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degree sexual assault, entering a dwelling house with intent to commit murder, robbery, or sexual
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assault.
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(2) “Drug-addicted person” means a person who exhibits a maladaptive pattern of behavior
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resulting from drug use, including one or more of the following: impaired control over drug use;
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compulsive use; and/or continued use despite harm, and craving.
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(b) There is hereby created within the superior court the position of
drug

recovery
court
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magistrate who shall be appointed by the presiding justice of the superior court with the advice and
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consent of the senate. The persons appointed to serve as
drug

recovery
court magistrates shall be
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members of the bar of Rhode Island. The powers and duties of the
drug

recovery
court magistrate

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

recovery
court magistrate’s term shall be ten (10) years and until a successor is
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appointed and qualified. Nothing in this section shall prohibit a
drug

recovery
court magistrate from
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being reappointed for additional ten-year (10) terms by the presiding justice of the superior court
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with the advice and consent of the senate. He or she shall receive a salary equivalent to that received
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by the special magistrate assigned to the superior court. The
drug

recovery
court magistrate shall
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preside over the adult
drug

recovery
court. The adult
drug

recovery
court program shall combine
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the coercive powers of the court with a therapeutic regimen in order to rehabilitate drug addicted
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defendants.
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(c) The
drug

recovery
court magistrate shall be empowered to hear and decide as a superior
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court justice all matters relating to those adult offenders who come before the jurisdiction of the
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superior court on any offense relating to the offender’s participation in the adult
drug

recovery

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court. In addition, the
drug

recovery
court magistrate shall have the power to impose a period of
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incarceration upon a plea of guilty or nolo contendere, and also have the power to confine any
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person who has been found to be in violation of any conditions previously imposed by the superior
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court.
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(d) The
drug

recovery
court magistrate shall make the final determination as to whether a
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defendant is admitted into the program. Individuals meeting the following criteria shall be screened
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by staff working at the office of the attorney general upon the department’s own referral; upon a
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request by counsel entered on behalf of a defendant; upon request by a judge of the superior or
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district court, or, in the case of a person waivable by the family court, by a judge of that court; or
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the department of corrections for admittance into the adult
drug

recovery
court:
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(1) The individual is charged with or convicted of an alcohol- or drug-related offense or
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with an appropriate non-violent offense.
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(2) The individual has no pending charges for felony crimes of violence.
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(3) The individual has no pending charges for delivery of a controlled substance.
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(4) The defendant is a drug-addicted person.
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(e) All individuals accepted into
drug

recovery
court will be bound by a
drug

recovery

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court contract, as defined by the adult
drug

recovery
court, that sets forth the court’s expectations;
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the role and responsibilities of the
drug

recovery
court; the conditions imposed upon and the
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responsibilities of the defendant; and the treatment plan goals and strategies. If a defendant fails to
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abide by the
drug

recovery
court conditions and orders, he or she may be terminated from the
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program by the
drug

recovery
court judge and sentenced as he or she deems appropriate.
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(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
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“sexual offender registration and community notification.”
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(g) The
drug

recovery
court magistrate and/or the presiding justice of the superior court
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may fix the venue of any person who is before the superior court as a participant in the adult
drug

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recovery
court or who is alleged to be a sexual predator, and who has filed an objection to
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community notification.
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(h) In addition, at the discretion of the presiding justice of the superior court, the drug court
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magistrate shall have the duties, responsibilities, and powers authorized in subsections 8-2-39(b),
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(c) and (d).
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(i) The
drug

recovery
court magistrate shall be governed by the commission on judicial
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tenure and discipline, chapter 16 of title 8, in the same manner as justices and judges; shall be
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subject to all provisions of the canons of judicial ethics or code of judicial conduct; and shall be
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subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2.
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(j) A party aggrieved by an order entered by the
drug

recovery
court magistrate shall be
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entitled to a review of the order by a justice of the superior court. Unless otherwise provided in the
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rules of procedure of the court, such review shall be on the record and appellate in nature. The
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superior court shall, by rules of procedure, establish procedures for reviews of orders entered by a
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drug

recovery
court magistrate, and for enforcement of contempt adjudications of a
drug

recovery

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court magistrate.
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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.
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This act would take effect upon passage.
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