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Rhode Island’s Superior Court Diversion Program

Writer's picture: Brianna C. Repetto, Esq.Brianna C. Repetto, Esq.

What is Rhode Island’s Superior Court Diversion Program?

The Rhode Island Superior court Diversion Program (“Diversion Program”) is an alternative to prosecution of charges pending in Superior Court. It essentially diverts the case from the normal prosecution calendar by assigning it to a special calendar, without prosecution, instead.


This gives eligible participants the opportunity to have their criminal charges completely dismissed and sealed from their criminal record without having to go through the traditional criminal judicial process (i.e., prosecution, conviction, sentencing, incarceration and/or probation, etc.).


According to the Rhode Island Judiciary website, the stated purpose of the program is “to help [criminal defendants] make informed decisions, engage in positive behavior, and reduce the risk of recidivism”.


What’s the catch?


If admitted into the Diversion Program, you will need to sign a contract that details the specific requirements you must complete in order to graduate. Oftentimes, these requirements include individual counseling, substance abuse evaluation and/or counseling, random drug and alcohol testing/screening, completion of community service hours, keeping in contact with your assigned caseworker, maintaining employment, staying out of trouble (no arrests), etc.


You will be assigned a caseworker who will be there to answer any questions that you have and help you fulfill your requirements. However, it is important to keep in mind that your caseworker is not the person who needs to put in the time and do the work for the dismissal — you are. That said, it is on you to keep in touch with your caseworker and make sure you are doing everything that is required of you. Compliance is key.


Who monitors my progress?


The Diversion Program is administered by the presiding judge or magistrate in Superior Court and assisted by a caseworker appointed by the Court. Your caseworker will track and report your progress to the Court. The judge or magistrate will review your progress on a regular basis and your case will be scheduled for something called a review date. Once you are accepted into the program and doing everything you need to do, you will not have to appear in court for your review dates (which are usually scheduled every 1-2 months).


How long does the program last?

The duration of the Diversion Program is usually one (1) year. However, if you are compliant and fulfill all of the requirements detailed in your contract, the Court may permit early graduation (i.e., usually around the 6-month mark).


How do I apply for the program?

The Diversion Program is available to any individual that is charged in a District Court complaint, Superior Court indictment, or a Superior Court information for a qualifying felony offense or qualifying misdemeanor offense (e.g., possession of a Schedule I-V controlled substance under 10 grams, pursuant to R.I. Gen. Laws § 21-28-4.01(3)(i)) that is not otherwise ineligible.


Only referrals by a judge or magistrate, attorney from the Attorney General’s Office, or your criminal defense attorney are accepted. That is why it is important to retain an experienced criminal defense attorney who can help you get into, and navigate, the Diversion Program.


Referrals can be made any time after arraignment and before the entry of a guilty or nolo contendere plea or the start of trial. Once the Diversion Program staff receives your application and confirms your qualifications, they will schedule an intake interview (usually over the phone) to speak with you and determine your eligibility.


The application process, eligibility criteria, disqualifying offenses, and review process are outlined in R.I. Gen. Laws § 8-2-39.3.


What could make me ineligible or disqualify me from participation?


Individuals convicted of (or pleaded nolo contendere to) two (2) or more felonies in the last five (5) years are not eligible to participate in the Diversion Program.


Further, individuals convicted of (or pleaded nolo contendere to) or are currently facing any of the following “disqualifying offenses” are not eligible:


  • Murder;

  • Manslaughter;

  • First-degree arson;

  • Kidnapping with intent to extort;

  • Robbery;

  • Felony assault — serious bodily injury;

  • Larceny from the person;

  • Burglary;

  • Entering a dwelling house with intent to commit murder;

  • Robbery;

  • Sexual assault;

  • Any domestic violence offense as defined in chapter 29 of title 12;

  • Felony DUI (i.e., subsequent offense, death resulting, serious bodily injury resulting);

  • Possession of greater than one ounce (1 oz.) or greater than one kilogram (1 kg.) of a controlled substance, excluding marijuana;

  • Possession of greater than five kilograms (5 kg.) of marijuana;

  • Any offense requiring sex offender registration pursuant to chapter 37.1 of title 11;

  • Child abuse as defined in § 11-9-5.3;

  • All firearms offenses, as defined in chapter 47 of title 11 (with the exception of: § 11-47-6, mental incompetents and drug addicts prohibited from possession of firearms; § 11-47-8, license or permit required for carrying pistol — possession of machine gun; and § 11-47-52, carrying of weapon while under the influence of liquor or drugs); and

  • Any attempt or conspiracy to commit any of the offenses listed above.

  • The definition shall also include any attempt or conspiracy to commit any of the offenses included in this subsection.


If you or a loved one have been charged with a qualifying felony or misdemeanor offense, or are looking for more information about Rhode Island’s Superior Court Diversion Program, give us a call! Repetto Law, LLC is here to help and fight for the best possible outcome.

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