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H 8247Civil Procedure

Courts and Civil Procedure - Courts - Superior Court

This bill changes the official title of the "drug court magistrate" to "recovery court magistrate" and updates related terminology.

Signed into law71 Yea0 Nay4 Not voting
Population
Affected
8
Email Legislator
Introduced Mar 6, 2026Committee House Judiciary

Plain-English Summary

This legislation renames the position of "drug court magistrate" to "recovery court magistrate" within the Rhode Island Superior Court system. Consequently, the "adult drug court" program will be referred to as the "adult recovery court." The bill updates the terminology throughout the relevant section of the General Laws. It does not alter the magistrate's powers, duties, term length, salary, or the eligibility criteria for defendants entering the program. The change is primarily linguistic, shifting the focus of the court's title from the substance (drugs) to the desired outcome (recovery).

For younger readers

This bill is about changing a name. Right now, there is a special judge called the "drug court magistrate" who helps people who are in trouble because of drugs. This bill changes that judge's title to "recovery court magistrate." "Recovery" is a word that means getting better or healing. The judge will still do the exact same job, and the rules for the people in court will stay the same. The lawmakers just want to use a name that sounds more positive and helpful.

Who & Where It Applies

Impacted groups
Superior Court JudgesCourt MagistratesAttorneysDrug Court ParticipantsAddiction Treatment Providers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Reduces the stigma associated with addiction by shifting the language from criminalized substance use ("drug court") to a health-focused outcome ("recovery court").
  • Aligns judicial terminology with the medical model of addiction, potentially making the court environment feel more supportive and less punitive for participants.
  • May encourage more individuals to participate in the program by framing it as a place for healing and rehabilitation rather than just a legal proceeding.
  • Represents a performative change that updates terminology without providing any new funding, resources, or expanded services for those suffering from addiction.
  • Maintains the coercive power structures of the criminal justice system rather than moving addiction treatment entirely into the public health sector.
  • Fails to address the underlying systemic issues or strict eligibility requirements that may prevent marginalized populations from accessing the program.
For Conservatives
  • Maintains the full authority and coercive powers of the court to incarcerate offenders who violate conditions, ensuring law and order is upheld.
  • Incurs no significant financial cost to the taxpayer, as the changes are purely administrative and terminological.
  • Continues to strictly exclude violent offenders and drug dealers from the program, prioritizing public safety over leniency.
  • Represents a "soft on crime" linguistic shift that may minimize the severity of drug offenses by removing the word "drug" from the court's title.
  • Wastes legislative time and resources on semantic changes rather than addressing substantive judicial inefficiencies or crime rates.
  • Could be viewed as a slippery slope toward prioritizing the feelings of offenders over the reality of their criminal conduct.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 29 additions · 27 deletions

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 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.