§ 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.
(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.