Chapter 540

2006 -- S 2415 SUBSTITUTE A AS AMENDED

Enacted 07/10/06

A N A C T

RELATING TO LICENSING OF HEALTH CARE FACILITIES

Introduced By: Senators Goodwin, Roberts, McCaffrey, and Polisena

Date Introduced: February 09, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-17 of the General Laws entitled "Licensing of Health Care

Facilities" is hereby amended by adding thereto the following section:

23-17-10.7. Nursing facility assessment and disclosure for residents on probation or

parole. – The licensing agency shall establish regulations to require each licensed nursing

facility, as part of the initial resident admission and assessment process, to review and consider

any notice provided to the facility as required in subsection 42-56-10(23) concerning the

resident's or prospective resident's status on parole and recommendations, if any, regarding safety

and security measures.

     SECTION 2. Chapter 23-17.4 of the General Laws entitled "Assisted Living Residence

Licensing Act" is hereby amended by adding thereto the following section:

23-17.4-35. Assisted living assessment and disclosure for residents on probation or

parole. – The licensing agency shall establish regulations to require each licensed assisted living

residence, as part of the initial resident admission and assessment process, to review and consider

any notice provided to the residence as required in subsection 42-56-10(23) concerning the

resident's or prospective resident's status on parole and recommendations, if any, regarding safety

and security measures.

     SECTION 3. Section 42-56-10 of the General Laws in Chapter 42-56 entitled

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

42-56-10. Powers of the director. -- In addition to exercising the powers and performing

the duties which are otherwise given to him or her by law, the director of the department of

corrections shall:

      (1) Designate, establish, maintain, and administer those state correctional facilities that

he or she deems necessary, and may discontinue the use of those state correctional facilities that

he or she deems appropriate for that action;

      (2) Maintain security, safety, and order at all state correctional facilities, utilize the

resources of the department to prevent escapes from any state correctional facility, take all

necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of

any state correctional facility, including but not limited to the development, planning, and

coordination of emergency riot procedures, and take suitable measures for the restoration of

order;

      (3) Establish and enforce standards for all state correctional facilities;

      (4) Supervise and/or approve the administration by the assistant directors of the

department;

      (5) Manage, direct, and supervise the operations of the department;

      (6) Direct employees in the performance of their official duties;

      (7) Hire, promote, transfer, assign, and retain employees and suspend, demote,

discharge, or take other necessary disciplinary action;

      (8) Maintain the efficiency of the operations of the department;

      (9) Determine the methods, means, and personnel by which those operations of the

department are to be conducted;

      (10) Relieve employees from duties because of lack of work or for other legitimate

reasons;

      (11) Establish, maintain, and administer programs, including, but not limited to,

education, training, and employment, of persons committed to the custody of the department,

designed as far as practicable to prepare and assist each person to assume the responsibilities and

exercise the rights of a citizen of this state;

      (12) Establish a system of classification of persons committed to the custody of the

department for the purpose of developing programs for each person;

      (13) Determine at the time of commitment, and from time to time thereafter, the custody

requirements and program needs of each person committed to the custody of the department and

assign or transfer those persons to appropriate facilities and programs;

      (14) Establish training programs for employees of the department;

      (15) Investigate grievances and inquire into alleged misconduct within the department;

      (16) Maintain adequate records of persons committed to the custody of the department;

      (17) Establish and maintain programs of research, statistics, and planning, and conduct

studies relating to correctional programs and responsibilities of the department;

      (18) Utilize, as far as practicable, the services and resources of specialized community

agencies and other local community groups in the development of programs, recruitment of

volunteers, and dissemination of information regarding the work and needs of the department;

      (19) Make and enter into any contracts and agreements necessary or incidental to the

performance of the duties and execution of the powers of the department, including, but not

limited to, contracts to render services to committed offenders, and to provide for training or

education for correctional officers and staff;

      (20) Seek to develop civic interest in the work of the department and educate the public

to the needs and goals of the corrections process;

      (21) Expend annually in the exercise of his or her powers, performance of his or her

duties, and for the necessary operations of the department those sums that may be appropriated by

the general assembly; and

      (22) Make and promulgate necessary rules and regulations incident to the exercise of his

or her powers and the performance of his or her duties, including, but not limited to, rules and

regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services,

communication, and visiting privileges, classification, education, training, employment, care, and

custody for all persons committed to correctional facilities.

(23) Make and promulgate regulations to provide:

(a) written notice to licensed nursing facilities, licensed assisted living residences, and

housing for the elderly whenever a person seeking to reside in one of these facilities or residences

is being released on parole for any of the following offenses: murder, voluntary manslaughter,

involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree

sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit

specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or

mistreatment of patients, burglary, first degree arson, felony larceny or robbery;

(b) a risk assessment process to identify and recommend safety or security measures

necessary for the protection of other residents or clients including whether the parolee should be

prohibited from residing in any such facility or residence or segregated from other residents or

clients to protect the security and safety of other residents;

(c) the written notice to licensed nursing facilities, assisted living residences, or housing

for the elderly shall include charge information and disposition about the offense for which the

resident or client has been paroled, contact information for the resident's or client's parole

supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and

security measures. A copy of the written notice shall be provided to the parolee; and

(d) a process for notifying the appropriate state regulatory agency and the state long-term

care ombudsman whenever notice as required in subdivision 42-56-10(23)(a) above has been

given.

     SECTION 4. Section 42-66.1-3 of the General Laws in Chapter 42-66.1 entitled

"Security for Housing for the Elderly Act" is hereby amended to read as follows:

42-66.1-3. Program established. -- (a) In order to ensure the health, safety, and welfare

of elderly citizens who are residents of housing for the elderly, the director shall establish a grant

program to assist in providing security at housing for the elderly complexes.

      (b) Participation in the program shall be voluntary. The owner, manager, or governing

body of a housing complex for the elderly shall apply to the director to be part of the program.

      (c) The director shall require each complex that participates in the program to submit

satisfactory evidence of a periodic and ongoing resident security educational program and a

safety and security plan.

(d) The director shall establish regulations to require each housing for the elderly

complex, as part of its tenant acceptance process, to review and consider any notice provided to

the housing complex as required in subsection 42-56-10(23) concerning the tenant's or

prospective tenant's status on parole and recommendations, if any, regarding safety and security

measures.

     SECTION 5. This act shall take effect upon passage.

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LC01623/SUB A

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