2021 -- S 0245 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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S E N A T E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY JUSTICE

REINVESTMENT PROPOSALS AND PROVIDE RECOMMENDATIONS FOR REDUCING

THE INCARCERATION OF WOMEN

     Introduced By: Senators Kallman, Quezada, Pearson, McCaffrey, DiMario, Valverde,
Coyne, Mack, Miller, and Acosta

     Date Introduced: February 10, 2021

     Referred To: Senate Judiciary

     WHEREAS, Rhode Island is actively striving towards investing in community services in

a way that decreases crime, recidivism, and incarceration; and

     WHEREAS, Rhode Island will be best able to ensure a safe and just community by

investing in educational, health, and social services that will decrease the conditions that lead to

criminal activity; and

     WHEREAS, Rhode Island is committed to community safety through a combination of

dedicated law enforcement, crime prevention, and restorative justice measures; and

     WHEREAS, Rhode Island is focused on public safety through the maintenance of a

balanced correctional system of institutional and community-based programs that provide

rehabilitative options to help facilitate successful reentry; and

     WHEREAS, There is strong evidence that successful community programs can

effectively reduce crime and incarceration and present viable and financially efficient alternatives

to punishment based models; and

     WHEREAS, The Rhode Island Working Group for Juvenile and Criminal Justice has

proposed a number of recommendations for improving and expanding reentry support systems in

the areas of corrections, housing, employment, education, and juvenile justice; and

     WHEREAS, The Justice Reinvestment Working Group established the need and cost-

effectiveness of investing in recidivism reduction best practices in ways that will reduce overall

correctional costs; and

     WHEREAS, It is necessary to continue to establish clear plans for funding and

implementing the proposals of the Rhode Island Working Group for Juvenile and Criminal

Justice, and the Justice Reinvestment Working Group in ways that will allow for greater

community investment; and

     WHEREAS, Women enter prison with very high rates of addiction, trauma, and physical

abuse and most women in prison are mothers of children. It is necessary to prioritize the

development and launch of expanded diversion and alternatives to incarceration that can help

these women recover from these challenges and avoid further incarceration; and

     WHEREAS, The number of women currently incarcerated at the Adult Correctional

Institutions has dramatically fallen over the past twelve (12) months and is far below the

maximum capacity of the facility; and

     WHEREAS, The Gloria McDonald building which serves as the primary women’s prison

was originally designed as a Maximum security prison for men and has instead been used as the

sole women’s prison for all levels of security, creating significant challenges for the Rhode Island

Department of Corrections and the incarcerated women; and

     WHEREAS, The Department of Corrections has proposed in its FY 21 budget to close

the Gloria McDonald for the purpose of reducing its budget; now, therefore be it

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

consisting of fifteen (15) members: three (3) of whom shall be members of the Rhode Island

Senate, with not more than two (2) from the same political party, to be appointed by the President

of the Senate; one of whom shall be a representative of the Judicial Branch, to be appointed by

the Chief Justice; one of whom shall be the Director of the Rhode Island Department of

Corrections (DOC), or designee; one of whom shall be the Director of the Department of

Behavioral Healthcare Developmental Disabilities and Hospitals (BHDDH), or designee; one of

whom shall be the Rhode Island Public Defender, or designee; one of whom shall be the Rhode

Island Attorney General, or designee; one of whom shall be the Chair of the Rhode Island Parole

Board, or designee; one of whom shall be a former warden of the Rhode Island women’s prison,

to be appointed by the President of the Senate; one of whom shall be a representative from

OpenDoors, to be appointed by the President of the Senate; one of whom shall be a representative

from the Formerly Incarcerated Union of Rhode Island, to be appointed by the President of the

Senate; one of whom shall be a representative from the Center for Health and Justice

Transformation, to be appointed by the President of the Senate; one of whom shall be a municipal

police chief, or designee, appointed by the President of the Senate; and one of whom shall be a

representative from the Rhode Island Brotherhood of Correctional Officers, to be appointed by

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the President of the Senate.

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

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

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

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

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

     The purpose of said commission shall be to study the merits and feasibility of justice

reinvestment proposals which provide a clear blueprint for community driven public safety,

recidivism reduction, lowering public safety spending, and long-term sustainability of

investments into community resources and that would reduce the number of women incarcerated

in Rhode Island, including, but not limited to, analyzing the feasibility of the Department of

Corrections' proposal to close the women’s facility from the perspective of a commitment to

justice reinvestment principles.

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

the call of the President of the Senate and organize, and shall select a chairperson from among the

members.

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

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

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

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

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

     The Joint Committee on Legislative Services is hereby authorized and directed to provide

suitable quarters for said commission; and be it further

     RESOLVED, That the commission shall issue an initial report on its findings no later

than five (5) months after passage of this resolution, and a following report after twelve (12)

months. Said commission shall expire on January 5, 2023.

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