What is Rhode Island’s Adult Drug Court Program?
Rhode Island’s Adult Drug Court Program (“Drug Court”) is an alternative sentencing program that focuses on improving the lives of participants struggling with substance abuse and has decreased their involvement in the criminal justice system since 2005.
Eligible participants are given the opportunity to better themselves (through substance abuse treatment, social services, and judicial intervention) and have their criminal case dismissed and sealed upon completion of the program (or reduced depending on the sentence previously agreed to).
How do I get into Drug Court?
Drug Court referrals can be made by the Attorney General’s Office, defense counsel, or upon request by a judge of the superior or district court. Other details regarding Drug Court referrals can be found in Rhode Island General Laws § 8-2-39.2(d). Referrals can be made any time after the defendant’s district court arraignment.
What happens after the referral process begins?
Once a referral is made and Drug Court staff confirms the defendant is legally eligible to
participate in the program, a status court date will be assigned; the defendant (and counsel) must appear in court for the status date to discuss the case and next steps. There is judicial discretion as to whether the referral moves forward, or the case gets sent back to the pre-trial/trial calendar.
If the referral moves forward, a substance abuse assessment will be scheduled for the defendant. The substance abuse assessment operates as an informal interview between the program manager and defendant (usually without counsel present).
Interview topics include but are not limited to the following:
Drug of choice
Frequency of use (active or passive)
Medical history
NA/AA involvement
Support systems (family, friends, sponsors, etc.)
Important life events
Treatment history
Etc.
It is important the defendant is open and honest during the interview. The information discussed during the interview is confidential and cannot be used against the defendant. If the program manager determines the defendant is a good fit for the program based on the substance abuse assessment, the case will be scheduled for disposition.
The “disposition” date is the actual date the defendant is admitted into Drug Court. On that date, the defendant becomes a participant and signs the Drug Court contract. In accordance with the terms of the contract, the participant must also enter a plea of nolo contendere (no contest) to the criminal charge at issue. This plea is stayed or placed on hold until completion or termination of the program.
What happens once I am accepted into the program?
All Drug Court participants are assigned a case manager (or probation officer if the participant is on probation for a different case) who is there to help them stay on track and report their progress to the Court. Reports are provided at each review date and participants are expected to appear in court (with or without counsel) for all review dates. The frequency of review dates depends on the participant’s progress. Generally, participants that are considered “high risk” (those who have little to no clean time) must appear in court more frequently compared to “low risk” participants (those with significant and documented clean time).
How do I graduate from the program?
Clean screens
Compliance with treatment
Honesty with the Court and Drug Court Team
Successful participants usually graduate from Drug Court one (1) year after formal acceptance. However, the duration of the program varies depending on the participant’s progress and can be longer or shorter than the standard one (1) year.
What happens if I don’t comply or decide to opt out?
Participants who violate the terms of their Drug Court contract often receive sanctions including but not limited to additional drug testing, treatment sessions, court dates, etc. Participants who commit extreme and repeated violations may be terminated from the program. Termination from the program (either due to violations or by choice) will result in the imposition of the previously agreed-upon sentence.
Things to keep in mind:
The program is 100% voluntary.
The State cannot use Drug Court information against you (even if you withdraw or are terminated from the program).
Successful completion of the program will result in the charges being dismissed or reduced depending on the sentence previously agreed to.
Below are Drug Court forms and PDF documents for your review and/or information.
If you are someone that needs more information about the Rhode Island Adult Drug Court Program, please contact Repetto Law, LLC today or call (401)336-6780 to receive assistance.
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