Rule 5. Proceedings Before the District Court

(a) Appearance Before the District Court. Unless otherwise provided by statute, an officer making an arrest under a warrant issued upon a complaint shall take the arrested person without unnecessary delay before a judicial officer of the District Court as commanded in the warrant. Any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a judicial officer of the District Court for the division in which the arrest was made or in which the crime was committed. When a person arrested without a warrant is brought before a judicial officer, a complaint shall be filed in accordance with Dist.R.Crim.P. 1(d) and (e). Whenever an arrest shall be made, the arrested person shall be afforded a prompt hearing for the purpose of admission to bail before a judicial officer of the District Court or a bail commissioner; if the arrest is made pursuant to warrant and the amount of bail has been endorsed on the warrant, the person shall also be entitled to be taken promptly before an officer authorized to accept bail. If a defendant is charged with any of the offenses set forth in § 12-13-1.1 of the General Laws of 1956 (1994 Reenactment), the judicial officer of the District Court before whom the defendant has been brought may order that the defendant be brought before a judicial officer of the Superior Court as soon as practicable, but not later than forty-eight (48) hours thereafter, not counting any intervening Saturday, Sunday, or legal holiday; provided that such appearance before a judicial officer of the Superior Court may be made in the discretion of the court through the use of two-way simultaneous audio/video communication between a holding facility and the courthouse. The judicial officer of the Superior Court before whom the defendant is brought pursuant to such order shall at that time either hold a bail hearing or set a hearing date, which shall be the earliest practicable date for the hearing to be held.

(b) Statement by the Judicial Officer. The judicial officer before whom the defendant is brought shall inform the defendant of the complaint against the defendant, of the defendant's right to retain an attorney and, of the defendant's right to request the assignment of an attorney if the defendant is unable to obtain an attorney. The judicial officer shall also inform the defendant that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant. The judicial officer shall allow the defendant reasonable time and opportunity to consult an attorney and, where authorized by statute, shall admit the defendant to bail as provided in these rules.

(c) Preliminary Examination. The defendant shall not be called upon to plead. If the defendant waives preliminary examination, the judge of the District Court shall forthwith hold him to answer in the Superior Court. If the defendant does not waive examination, the judge shall hear the evidence within a reasonable time. The defendant may cross-examine witnesses against him or her and may introduce evidence in his or her own behalf. If from the evidence it appears to the judge that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the judge shall forthwith hold the defendant to answer in the Superior Court; otherwise the judge shall discharge the defendant. The judge shall, where authorized by statute, admit the defendant to bail as provided in these rules. After concluding the proceeding the judge shall transmit forthwith to the clerk of the Superior Court for the appropriate county all papers in the proceeding and any bail taken by him or her. 5A. Diversion. — 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 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.