§ 8-2-39.2 - Drug court magistrate – Appointment, duties and powers.
SECTION 8-2-39.2
§ 8-2-39.2 Drug court magistrate –Appointment, duties and powers. – (a) There is hereby created within the superior court the position of DrugCourt Magistrate who shall be appointed by the presiding justice of thesuperior court with the advice and consent of the senate. The persons appointedto serve as Drug Court Magistrates shall be members of the bar of Rhode Island.The powers and duties of the Drug Court Magistrate shall be prescribed in theorder appointing him or her in addition to those described herein.
The Drug Court Magistrate's term shall be ten (10) years anduntil a successor is appointed and qualified. Nothing in this article shallprohibit a Drug Court Magistrate from being reappointed for additional ten (10)year terms by the presiding justice of the superior court with the advice andconsent of the senate. He or she shall receive a salary equivalent to thatreceived by the special magistrate assigned to the superior court.
(b) The Drug Court Magistrate shall be empowered to hear anddecide as a superior court justice all matters relating to those adultoffenders who come before the jurisdiction of the superior court on any offenserelating to the offender's participation in the Adult Drug Court. In addition,the Drug Court Magistrate shall have the power to impose a period ofincarceration upon a plea of guilty or nolo contendere, and also have the powerto confine any person who has been found to be in violation of any conditionspreviously imposed by the superior court.
(c) The Drug Court Magistrate shall be empowered to hear anddecide as a superior court justice all matters that may come before thesuperior court pursuant to chapter 37.1 of title 11 "Sexual OffenderRegistration and Community Notification."
(d) The Drug Court Magistrate and/or the presiding justice ofthe superior court may fix the venue of any person who is before the superiorcourt as a participant in the Adult Drug Court or who is alleged to be a sexualpredator, and who has filed an objection to community notification.
(e) The Drug Court Magistrate shall be governed by thecommission on judicial tenure and discipline, chapter 16 of title 8 in the samemanner as justices and judges; shall be subject to all provisions of the canonsof judicial ethics or code of judicial conduct; and shall be subject to allcriminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2.
(f) A party aggrieved by an order entered by the Drug CourtMagistrate shall be entitled to a review of the order by a justice of theSuperior Court. Unless otherwise provided in the rules of procedure of thecourt, such review shall be on the record and appellate in nature. The SuperiorCourt shall, by rules of procedure, establish procedures for reviews of ordersentered by a Drug Court Magistrate, and for enforcement of contemptadjudications of a Drug Court Magistrate.