2016 -- H 8206

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LC005963

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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H O U S E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY AND ASSESS THE

USE OF SOLITARY CONFINEMENT IN THE RHODE ISLAND ACI

     

     Introduced By: Representatives Regunberg, Barros, McEntee, Ajello, and Craven

     Date Introduced: May 12, 2016

     Referred To: House Judiciary

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     WHEREAS, Evidence shows unlimited solitary confinement is inhumane and ineffective;

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and

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     WHEREAS, Subjecting people to solitary confinement without meaningful human

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contact, programming, services or therapy often causes deep and permanent psychological,

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physical, and developmental harm; and

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     WHEREAS, This harm not only violates common values of decency, but also is

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counterproductive because people often have more difficulty complying with prison rules after

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being placed in solitary confinement; and

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     WHEREAS, Solitary confinement can be particularly devastating for certain vulnerable

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people, including: the young and elderly pregnant women and persons with disabilities or

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histories of addiction and trauma; and

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     WHEREAS, The United Nations Special Rapporteur on Torture concluded that solitary

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confinement can amount to torture and recommended abolishing its use beyond fifteen days and

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prohibiting any use of solitary confinement for vulnerable groups or for the purpose of

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punishment; now, therefore be it

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     RESOLVED, That a special legislative commission be and the same is hereby created

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consisting of fourteen (14) members: three (3) of whom shall be members of the Rhode Island

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House of Representatives, not more than two (2) from the same political party, to be appointed by

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the Speaker of the House; one of whom shall be the Director of the Rhode Island Department of

 

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Corrections, or designee; one of whom shall be a Rhode Island Department of Corrections staff

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member responsible for overseeing mental health services, to be appointed by the Director of the

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Rhode Island Department of Corrections; one of whom shall be the President of the Rhode Island

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Brotherhood of Correctional Officers (RIBCO), or designee; one of whom shall be a former

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administrator of the Rhode Island Department of Corrections, to be appointed by the Speaker; one

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of whom shall be a formerly incarcerated individual who has experienced solitary confinement in

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Rhode Island, to be appointed by the Speaker; one of whom shall be the Executive Director of

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Direct Action for Rights and Equality, or designee; one of whom shall be the Executive Director

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of the Institute for the Study and Practice of Nonviolence, or designee; one of whom shall be the

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chairperson of the Rhode Island Parole Board, or designee; one of whom shall be the Public

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Defender, or designee; one of whom shall be the Rhode Island Mental Health Advocate, or

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designee; and one of whom shall be the Director of the Rhode Island Department of Health, or

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designee.

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     In lieu of any appointment of a member of the legislature to a permanent advisory

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commission, a legislative study commission, or any commission created by a General Assembly

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resolution, the appointing authority may appoint a member of the general public to serve in lieu

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of a legislator, provided that the majority leader or the minority leader of the political party which

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is entitled to the appointment consents to the member of the general public.

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     The purpose of said commission shall be to make a comprehensive study and assess the

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use of solitary confinement in the Rhode Island ACI, including, but not limited to:

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     • Rate and length of solitary confinement sentences;

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     • Proportionality between disciplinary offenses and the solitary confinement sentences

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they induce;

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     • Psychological impact of prolonged solitary confinement on inmates;

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     • Public safety implications of prolonged solitary confinement after inmates return to the

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community;

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     • Extent to which solitary confinement has a particular impact on vulnerable populations,

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such as youth, and those with disabilities;

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     • Fiscal impact of the current use of solitary confinement;

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     • Extent to which the Department of Corrections' current record-keeping policies on the

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use of solitary confinement are adequate to making informed administrative decisions; and

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     • Alternatives to and best practices for reducing the use of solitary confinement, as

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developed by other jurisdictions, and the extent to which these alternatives impact cost, behavior,

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and other outcomes within prison systems.

 

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     Forthwith upon passage of this resolution, the members of the commission shall meet at

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the call of the Speaker of the House and organize and shall select a chairperson from among the

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legislators.

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     Vacancies in said commission shall be filled in like manner as the original appointment.

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     The membership of said commission shall receive no compensation for their services.

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     All departments and agencies of the state, shall furnish such advice and information,

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documentary and otherwise, to said commission and its agents as is deemed necessary or

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desirable by the commission to facilitate the purposes of this resolution.

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     The Speaker of the House is hereby authorized and directed to provide suitable quarters

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for said commission; and be it further

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     RESOLVED, That the commission shall report its findings and recommendations to the

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House of Representatives no later than January 27, 2017, and said commission shall expire on

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March 27, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

H O U S E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY AND ASSESS THE

USE OF SOLITARY CONFINEMENT IN THE RHODE ISLAND ACI

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     This resolution would create a fourteen (14) member special legislative study

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commission whose purpose it would be to make a comprehensive study and assess the use of

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solitary confinement in the Rhode Island ACI, and who would report back to the House of

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Representatives no later than January 27, 2017, and whose life would expire on March 27, 2017.

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LC005963

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