2013 -- S 0099

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT

     

     

     Introduced By: Senators Metts, and Pichardo

     Date Introduced: January 22, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-56-22 of the General Laws in Chapter 42-56 entitled

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"Corrections Department" is hereby amended to read as follows:

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     42-56-22. Labor by persons committed on mesne process or to answer criminal

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charge. -- (a) Every person who shall be committed to the adult correctional institutions to

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answer for any criminal offense, whether convicted or awaiting trial, or on mesne process in any

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qui tam or penal action, or on mesne process or execution in any civil action, may be permitted to

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labor in the discretion of the director, or his or her designee, for the state, and in that case may be

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paid not more than three dollars ($3.00) a day for every day he or she shall labor with the express

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consent of the director, or his or her designee, of the department, to be credited to the prisoner's

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account by the assistant director of administration, or his or her designee, and to be disbursed to

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the prisoner in accordance with the rules and regulations of the institutions; provided, further,

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however, there shall be maintained on account at all times at least twenty-five percent (25%) of

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the earnings of each prisoner up to a maximum of one hundred dollars ($100) for those persons

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serving a sentence of life imprisonment without parole under sections 11-23-2, 12-19.2-1 et seq.,

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and up to a maximum of one thousand dollars ($1,000) for all other prisoners; those funds to be

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turned over to the prisoner at the time of his or her release from the institution, the funds being his

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or her property; the moneys, including any interest earned, to be paid to the prisoner by order of

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the assistant director of management services upon the general treasurer.

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      (b) Nothing contained in this section shall prevent the use of the funds in the account for

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the payment of any court fees and court costs required to be paid for the filing, prosecution, and

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defense of any action.

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     SECTION 2. This act shall take effect upon passage.

     

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT

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     This act would include interest earned on moneys held in a prisoner’s account as part of

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the prisoner’s funds to be turned over upon release from the prison.

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     This act would take effect upon passage.

     

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LC00450

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S0099