Following a defendant's appearance in the district court on a felony charge, eligible defendants may be referred to the Superior Court Diversion Program, which is an opportunity for eligible defendants to defer prosecution of the charged offenses in exchange for the defendant's successful completion of the Diversion Program.
(a)Eligibility and Referral. Eligible defendants are those who meet the criteria prescribed in § 8-2-39.3. Counsel for the defendant, the Department of Attorney General, or a court may refer a defendant to the Superior Court Diversion Program by completing and submitting a Superior Court Diversion Program Referral Form in accordance with the instructions thereon. (b)Acceptance and Participation. If a defendant is deemed by the Superior Court to be eligible and appropriate for participation in the Superior Court Diversion Program, the defendant shall sign an agreement acknowledging his/her obligations, waiving his/her right to a speedy trial and agreeing to toll any applicable civil and/or criminal statutes of limitations while a participant in the Superior Court Diversion Program. (c)Termination. A defendant may terminate his/her participation in the Superior Court Diversion Program at any time by notifying his/her case worker and appearing before the Court. If a defendant fails to abide by the terms and conditions of the Diversion Program, his/her participation may be terminated by the court upon notice and following a hearing. Upon the termination of a defendant from the Diversion Program, the case will be returned to the superior court criminal calendar for prosecution. (d)Right to Counsel. Defendants participating in the Superior Court Diversion Program shall have the right to retain and consult with counsel, or to have counsel appointed for him or her if indigent, prior to signing the participation agreement. Defendant shall also have the right to have counsel present at any termination hearings. (e)Successful Completion and Dismissal. A defendant's participation in the Diversion Program shall be for a set period of time prescribed by the court, but the diversion period shall not exceed one (1) year from the date of acceptance into the Diversion 2 Program without permission of the court. Following a defendant's successful completion of the Diversion Program, the charges against the defendant shall be dismissed in accordance with Rule 48(a) or by the court in accordance with Rule 48(b). (f)Confidentiality. All records relating to a defendant's participation in the Superior Court Diversion Program shall be confidential and shall be maintained separate and apart from the participating defendant's Superior Court criminal case file.R.I. Super. Ct. R. Crim. P. 5A
Adopted by Order dated December 17, 2019, effective 12/17/2019.