Chapter 282 |
2019 -- S 0845 SUBSTITUTE A Enacted 07/16/2019 |
A N A C T |
RELATING TO PROBATE PRACTICE AND PROCEDURE -- LIMITED GUARDIANSHIP AND GUARDIANSHIP OF ADULTS |
Introduced By: Senators Coyne, McCaffrey, Lombardi, Conley, and Lynch Prata |
Date Introduced: April 30, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Chapter 33-15 of the General Laws entitled "Limited Guardianship and |
Guardianship of Adults" is hereby amended by adding thereto the following section: |
33-15-6.1. National criminal background checks for persons appointed limited |
guardian or guardian. |
(a) In order to assist and protect Rhode Island's at-risk elderly and others over whom a |
limited guardian or guardian would be required, all persons applying for appointment as a limited |
guardian or guardian shall apply to the Rhode Island attorney general, the Rhode Island state |
police, or to the appropriate local police department for a nationwide criminal records check, |
utilizing a standard form to be provided by the probate court. The applicant whose criminal |
records check is being conducted shall be responsible for the payment of the costs of said the |
criminal records check. The check will conform to the applicable federal standards, including the |
taking of fingerprints of the applicant. |
(b) An individual may be appointed as a temporary limited guardian or temporary |
guardian for a period not to exceed ten (10) days, pending completion of the national criminal |
background check required by this section. |
(c) For the purposes of this section, information produced by a national criminal records |
check pertaining to conviction for the following crimes may be considered as "disqualifying |
information": 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, |
burglary, or the abominable and detestable crime against nature),; felony assault,; patient abuse,; |
neglect or mistreatment of patients,; burglary,; first-degree arson,; robbery,; felony drug |
offenses,; felony larceny, or felony banking law violations,; felony obtaining money under false |
pretenses,; felony embezzlement,; abuse, neglect, and/or exploitation of adults with severe |
impairments,; exploitation of elders,; or a crime under section 1128(a) of the Social Security Act |
(42 U.S.C. ยง 1320a-7(a)). |
(d) For the purposes of this section, "conviction" means, in addition to judgments of |
conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
where the defendant has entered a plea of nolo contendere and has received a sentence of |
probation and those instances where a defendant has entered into a deferred sentence agreement. |
(e) If any disqualifying information is discovered with respect to the applicant, the bureau |
of criminal identification of the attorney general, state police, or the local police department will |
inform the probate court, in writing, without disclosing the nature of the disqualifying |
information, that an item of disqualifying nature has been discovered. In addition, the bureau of |
criminal identification of the attorney general, state police, or the local police department will |
inform the applicant, in writing, of the nature of the disqualifying information. An applicant |
against whom disqualifying information has been found may request that a copy of the criminal |
background report be sent to the probate court which shall make the determination of suitability |
of the applicant. |
(f) At the conclusion of any background check required by this chapter, the bureau of |
criminal identification of the attorney general, state police, or the local police department will |
promptly destroy the fingerprint card of the applicant. |
(g) In those situations in which no disqualifying information has been found, the bureau |
of criminal identification of the attorney general, state police, or the local police department shall |
inform both the applicant and the probate court of this fact. |
(h) The probate court shall maintain a record subject to review by the department of |
attorney general of the evidence that criminal background checks have been initiated and |
completed and the results thereof, in compliance with the provisions of this section for all persons |
seeking appointment as a guardian or limited guardian after January 1, 2020. |
SECTION 2. This act shall take effect upon passage. |
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LC002427/SUB A/2 |
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