2019 -- H 5101

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LC000209

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HOUSING RESOURCES --

HOMELESS SHELTERS

     Introduced By: Representatives Lombardi, Hull, and Walsh

     Date Introduced: January 10, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-128 of the General Laws entitled "Rhode Island Housing

Resources Act of 1998" is hereby amended by adding thereto the following section:

     42-128-18. Homeless shelter standard.

     (a) Findings. The general assembly finds and declares as follows:

     (1) That all homeless persons have the right to homeless shelter services regardless of

political or religious beliefs, immigration status, former geographic location of residence, ethno-

cultural background, (dis)ability, gender identity, criminal background, and/or sexual orientation;

     (2) That no shelter should charge a fee nor expect and/or require compensation from

clients/residents for any services rendered;

     (3) That homeless shelters should provide an atmosphere of dignity and respect for all

shelter residents, and provide services in a non-judgmental manner;

     (4) That shelter residents are capable of moving toward increasing levels of self-reliance

and self-determination. Shelter staff should work with residents to assist them in achieving their

goals;

     (5) That homeless shelters should be sensitive to the ethno-specific and linguistic needs

of residents;

     (6) That service providers need to accept gender identity as defined by the individual

rather than by the perception of staff and/or other residents;

     (7) That protecting the privacy and confidentiality of shelter residents and their personal

information is of the utmost importance;

     (8) That all people staying in homeless shelters should have access to safe, nutritious

food;

     (9) That the health and safety of shelter residents, volunteers, and staff is of the highest

importance in each shelter;

     (10) That issuing service restrictions in the shelter system must be done only as a last

resort and in the most serious cases;

     (11) That everyone is entitled to shelter service whether or not they use substances and

service policies should not be based on substance use alone, except for those shelters operating on

an abstinence or recovery model basis;

     (12) That shelter residents should be involved in service provision, program planning,

development and evaluation, and policy development;

     (13) That homeless shelters that include children and youth should provide support and

activities and ensure that the school-related recreation and treatment needs of resident children

are met on site through community based services;

     (14) That homeless shelters should afford an opportunity for children and youth with

developmental and/or physical disabilities to develop to their full potential within an environment

where they can interact and socialize with other children;

     (15) That shelters are part of a larger network of homeless services and agencies and

collaboration within this network is important to ensure effective and coordinated services;

     (16) That notification of shelter closure (either emergency or permanent shelter) should

be done as soon as the provider is aware of the potential closure and posted in a common area.

The provider should notify their residents, and the office of housing and community development

within the division of planning of the department of administration; and

     (17) That all shelters should utilize the Rhode Island homeless information management

system (HMIS) database, and make entries in a timely manner.

     (b) To further the purpose of this section, the chair of the Rhode Island housing resources

commission shall appoint a committee to draft regulations for homeless shelters. Each member of

the committee will be drawn from the following constituencies or communities of interest:

     (1) One homeless or formerly homeless person;

     (2) Two (2) representatives of the Rhode Island Homeless Advocacy Project;

     (3) One representative of the Rhode Island Coalition for the Homeless;

     (4) Two (2) homeless shelter providers operating a shelter for individuals;

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     (5) Two (2) homeless shelter providers operating a shelter for families;

     (6) One representative from the Rhode Island office of housing and community

development;

     (7) One domestic violence shelter provider; and

     (8) One resident or former resident of a domestic violence shelter.

     (c) The committee shall elect a chair or co-chairs from among their membership.

     (d)(1) The committee shall define the characteristics of a homeless shelter that shall be

subject to the regulations and standards established by this section.

     (2) The committee shall be charged with the formulation of regulations and standards to

address the following topics and areas of concern:

     (i) Baseline organizational standards that any agency operating a homeless shelter must

meet;

     (ii) Access to shelter guidelines, including admission and discharge, bed registration,

substance use, and service restrictions;

     (iii) Residents' rights and responsibilities, including resident input, complaints and

appeals, and grievance procedures;

     (iv) Program standards including the provision of essential services, counseling supports,

daytime access, confidentiality, sharing of resident information, safeguarding resident files, and

staff code of conduct;

     (v) Health and safety standards including basic health and safety protocols, the safeguard

of, and access to, resident medication, a policy on weapons, and requirements for staff training on

health and safety issues; and

     (vi) Emergency and winter shelter standards including the definition of inclement

weather events, in all seasons, that trigger requirements for homeless shelters to stay open for the

protection of residents.

     (3) Except to the extent specifically required by statute, no shelter regulation shall deny

access to, or otherwise impose additional restrictions upon individuals due to their being subject

to community notification requirements, nor shall any state or municipal agency request or

require a shelter to impose any such restrictions.

     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 -- HOUSING RESOURCES --

HOMELESS SHELTERS

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     This act would create a commission to establish homeless shelter standards.

     This act would take effect upon passage.

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