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Rhode Island General Laws 8-8-1.1. Veterans’ treatment calendar

     

(a) Findings and declarations.  The general assembly finds and declares as follows:

(1)  Veterans and active military, Reserve, and National Guard service members have provided, or are currently providing, an invaluable service to our country. In doing so, many return and suffer from mental health injuries, including, but not limited to, post-traumatic stress disorder, depression, anxiety, acute stress, and other injuries that may affect brain function and may also suffer drug and alcohol dependency or co-occurring mental illness and substance abuse problems.

(2)  The call back to active duty status rate of Rhode Island’s National Guard is the second highest in the entire United States with over ten thousand (10,000) unit deployments.

(3)  The number of veterans living in Rhode Island who have served in the Gulf Wars is three (3) times higher than the national per-capita average and is expected to grow as troops continue to withdraw from Afghanistan.

(4)  While the vast majority of returning military do not have contact with the justice system and are well adjusted, contributing members of society, there exists a growing number of defendants appearing in the district court who have served in the United States armed forces and are involved in the criminal justice system as a result of the above-referenced diagnoses.

(5)  As a grateful state, we must continue to honor the service of these participants by providing them an alternative to incarceration when feasible, permitting them instead to obtain proper treatment for mental health and substance abuse problems that have resulted from military service through a jail diversion program/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.

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Terms Used In Rhode Island General Laws 8-8-1.1

  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(b) Declaration of policy.  It is hereby declared to be the policy of the state of Rhode Island to successfully rehabilitate participants by providing the tools and skills necessary to address their unique challenges and to develop the insight to reintegrate successfully into society and maintain a productive and law-abiding lifestyle within the community.

(c) Establishment.  To accomplish this purpose in an effort to direct defendants who have served in the United States armed forces into a court program that integrates support and treatment plans with the judicial process that will result in potential jail diversion, possible reduction of charges, or alternatives in sentencing, there shall be established a separate calendar within the jurisdiction of the district court for hearing, trial and disposition of certain offenses.

(d) Veterans’ treatment calendar.  The chief judge of the district court shall create a veterans’ treatment calendar in the district court and shall assign personnel to the extent warranted to exclusively hear and decide all criminal actions involving offenses committed by defendants accepted into the program, and the calendar shall be referred to as the “veterans’ treatment court.”

(e) Use of section.  Under no circumstances shall the defendant(s) be permitted to use this section as a basis for a dismissal of an action, as this section is enacted for the benefit and convenience of the district court.

History of Section.
P.L. 2015, ch. 141, art. 15, § 2.

Rhode Island General Laws 8-8.1-1. Definitions

     

The following words as used in this chapter shall have the following meanings:

(1)  “Cohabitants” means emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters.

(2)  “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(3)  “Courts” means the district court.

(4)  “Cyberstalking” means transmitting any communication by computer to any person or causing any person to be contacted for the sole purpose of harassing that person or his or her family.

(5)  “Domestic abuse” means the occurrence of one or more of the following acts between cohabitants or the occurrence of one or more of the following acts between persons who are or have been in a substantive dating or engagement relationship within the past one year; “domestic abuse” shall be determined by the court’s consideration of the following factors:

(i)  The length of time of the relationship;

(ii)  The type of the relationship;

(iii)  The frequency of the interaction between the parties;

(iv)  Attempting to cause or causing physical harm;

(v)  Placing another in fear of imminent serious physical harm;

(vi)  Causing another to engage involuntarily in sexual relations by force, threat of force, or duress; or

(vii)  Stalking or cyberstalking.

(6)  “Harassing” means following a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.

(7)  “Sole legal interest” means defendant has an ownership interest in the residence and plaintiff does not; or defendant’s name is on the lease and plaintiff’s is not.

(8)  “Stalking” means harassing another person or willfully, maliciously, and repeatedly following another person with the intent to place that person in reasonable fear of bodily injury.

History of Section.
P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1990, ch. 390, § 1; P.L. 1994, ch. 313, § 1; P.L. 1997, ch. 326, § 172; P.L. 2001, ch. 259, § 2; P.L. 2006, ch. 324, § 1; P.L. 2006, ch. 652, § 1; P.L. 2012, ch. 415, § 12; P.L. 2021, ch. 111, § 1, effective July 2, 2021; P.L. 2021, ch. 112, § 1, effective July 2, 2021.

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Terms Used In Rhode Island General Laws 8-8.1-1

  • Cohabitants: means emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters. See Rhode Island General Laws 8-8.1-1
  • Course of conduct: means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. See Rhode Island General Laws 8-8.1-1
  • Cyberstalking: means transmitting any communication by computer to any person or causing any person to be contacted for the sole purpose of harassing that person or his or her family. See Rhode Island General Laws 8-8.1-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Harassing: means following a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose. See Rhode Island General Laws 8-8.1-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Plaintiff: The person who files the complaint in a civil lawsuit.