2002 -- H 8233

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LC03352

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO THE DEPARTMENT OF ADMINISTRATION -- DIVISION OF SHERIFFS

     Introduced By: Representative Kenneth Carter

     Date Introduced: May 31, 2002

     Referred To: House read and passed

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-11-21 of the General Laws in Chapter 42-11 entitled

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"Department of Administration" is hereby amended to read as follows:

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     42-11-21. Division of sheriffs. -- (a) Division established. - A division of sheriffs is

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hereby established within the department of administration. This division shall be responsible for

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statewide activities assigned by law which relate to the duties and functions of the sheriffs of the

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several counties. The division also shall be responsible for all statewide activities assigned by law

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which relate to the duties and functions of state marshals and capitol police officers. Sheriffs,

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state marshals and capitol police shall all be referred to as sheriffs. Among its other

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responsibilities, the division shall also be responsible for courtroom security and cellblocks in all

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state courthouses, training of personnel, transportation of individuals charged with crimes, and

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special operations, policing of state buildings, and the power to arrest persons for violations of

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state criminal statutes or for violation of city and town ordinances. Jurisdiction of the sheriffs

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shall be statewide.

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      (b) Powers and duties.

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      (1) The division of sheriffs shall have the following powers and duties:

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      (i) To provide and maintain security for judges at all state courts;

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      (ii) To provide and maintain security in all courtrooms and other public areas within

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state courthouses;

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      (iii) To provide and maintain security in the cellblocks in all state courts, and exercise all

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powers as required and prescribed in all other provisions of the general laws and public laws

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relating to the powers and duties of sheriffs.

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      (2) The division of sheriffs shall also have the following powers and duties previously

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performed by the Rhode Island marshals and by capitol police officers:

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      (i) To be responsible for transportation statewide of prisoners to and from police

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departments, the adult correctional institutions, all courthouses, and other places of detention;

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      (ii) To transport persons arrested by state and local police departments to places of

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detention; provided, however, nothing in this subsection shall prevent state and local police

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departments from transporting those persons;

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      (iii) To supervise the conduct of and maintain order and discipline of the prisoners in

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their custody;

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      (iv) To be responsible for the custody and safety of prisoners while being transported to

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and from court sessions, places of detention, and outside hospitals prior to commitment to the

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adult correctional institutions;

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      (v) To be responsible for the custody and security of prisoners detained in the cellblock

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areas in the Kent County courthouse and Providence County superior courthouse and for the

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security of these prisoners during the hearing of their cases, and while in outside hospitals prior to

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commitment to the adult correctional institutions;

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      (vi) To be responsible for the safety and welfare of prisoners in their custody;

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      (vii) To provide all security in connection with transportation in the execution of

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extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers),

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arrest affidavits, interstate compact extradition, and criminal detainers; and

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      (viii) To carry firearms as prescribed.

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     (ix) To act as a police officer at any of the buildings or grounds within the jurisdiction of

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the director of the department of administration. This assignment shall not limit the powers,

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authority, and responsibility of state police and police of the various cities and towns to enforce

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state law and municipal ordinances on property owned or leased by the state. The division of state

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police and city and town police shall assist sheriffs in matters relating to the detention and

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arraignment of prisoners for court. Sheriffs shall submit reports concerning an arrest to the

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division processing the arrest, whether the division of state police or the police in the city or town

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where the state owned property is located.

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     (x) To have the same powers and immunities of a police officer as are conferred by the

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laws of this state on members of the division of the state police including the power to arrest

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persons for violation of state criminal statutes or for violation of city and town ordinances.

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     (3) Sheriffs when on duty and in uniform shall wear in plain sight a badge, inscribed with

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the words “Sheriff of the State of Rhode Island”. When not in uniform, the sheriff must carry the

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badge on his or her person while on duty.

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     (4) Temporary assignment of sheriffs as police officers. (a) Upon the convening of the

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general assembly each year, four (4) deputy sheriffs will be assigned to the general assembly for

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security purposes. Two (2) deputy sheriffs will be assigned to the house of representatives and

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two (2) deputy sheriffs will be assigned to the senate. These officers will be considered “on

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assignment” whenever officially assigned to any place used by the general assembly to conduct

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its business, or any place used by the committee or members of the general assembly to conduct

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business.

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     (b) Following the adjournment of the general assembly, or at any other time designated

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by the speaker of the house of representatives or the president of the senate, the officers will

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return to their previously assigned duties as members of the sheriffs division.

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      (c) Administration and organization. - The director of the department of administration

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shall appoint with the consent of the governor an administrator, an executive high sheriff, a

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deputy high sheriff, sheriffs and chief deputy sheriffs for the division of sheriffs, each to be

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appointed to a ten (10) year term. Upon the transfer of all capitol police officers to the sheriffs

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division, the chief of the capitol police shall be appointed as deputy high sheriff to assist the

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executive high sheriff in the management of the division of sheriffs. The deputy high sheriff shall

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be appointed to a ten year term. The sheriffs and chief deputy sheriffs shall be appointed to each

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of the counties. The director of the department of administration shall appoint, with the advice of

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the executive high sheriff, deputy sheriffs and other necessary classifications, subject to the

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appropriation process, to provide assistance in the areas of courthouse and cellblock security,

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transportation of prisoners, staff training, patrolling, building security, and special operations.

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Special operations include, but shall not be limited to, transportation of high risk inmates,

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extraditions, the execution of criminal warrants, prosecution, patrolling, and mutual aid to the

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police departments of the cities and towns. This special operations unit initially will be comprised

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of personnel transferred from the Rhode Island state marshals. All employees in the division of

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sheriffs shall be in the unclassified service.

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     (d) Training - All sheriffs assigned to act as police officers shall attend and successfully

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complete any law enforcement courses required by the executive high sheriff and approved by the

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director of administration. Any deputy sheriff hired after July 1, 2001 must successfully complete

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the sheriff academy and any courses deemed necessary at the Municipal Police Training

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Academy prior to assuming the duties of a deputy sheriff. Additionally, the executive high sheriff

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may require all deputy sheriffs hired after July 1, 2003 to attend the Municipal Police Training

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Academy in order to be certified as police officers in the state.

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      (d) (e) Transfer determinations.

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      (1) The director of administration, with the approval of the governor, subject to the

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appropriation process, shall make the determination of the number of positions, personnel,

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property, allocations and other funds of the sheriffs of the several counties and the department of

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corrections which shall be transferred to the department of administration.

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      (2) In order to ensure continuity of the functions provided by sheriffs and marshals, the

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actual transfer of functions or any part of those functions may be postponed by the director until

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such time as the director deems appropriate; provided, however, the transfer of functions shall be

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completed within three (3) years. The actual transfer of functions between the capital police and

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the sheriffs or any part of those functions may be postponed by the director until such time as the

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director deems appropriate; provided however, the transfer of functions shall be completed by

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July 1, 2004. Provided further, there shall be no fiscal impact until all bargaining units have

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settled all contracts. Upon settlement of the contracts, any fiscal impact shall be phased in over a

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three (3) year period at thirty-three and one-third percent (33 1/3%) per year. There shall be no

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fiscal phase in before July 1, 2004.

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     SECTION 2. Section 42-29-1 of the General Laws in Chapter 42-29 entitled "Sheriffs" is

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hereby amended to read as follows:

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     42-29-1. Appointment -- Powers and duties -- Removal. -- (a) The director of the

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department of administration shall appoint with the consent of the governor an administrator to a

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ten (10) year term to be in charge of the division of sheriffs within the department of

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administration. The director of the department of administration shall also appoint with the

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consent of the governor an executive high sheriff to a ten (10) year term to assist the

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administrator be in charge of the division of sheriffs within the department of administration. The

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director of the department of administration shall also appoint with the consent of the governor a

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deputy high sheriff to a ten (10) year term. The director of the department of administration shall

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also appoint to each of the counties, with the consent of the governor, the sheriffs and the chief

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deputy sheriffs to ten (10) year terms. The director of the department of administration shall

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appoint, with the advice of the executive high sheriff, deputy sheriffs and other necessary

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classifications, subject to the appropriations process. The deputy high sheriff, sheriffs, chief

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deputy sheriffs and deputy sheriffs shall be subject to the supervision of the administrator

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executive high sheriff who may assign tasks and functions in order to ensure the proper

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management of the sheriffs division. Any deputy sheriff hired after July 1, 2001 must

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successfully complete the sheriff academy and any courses deemed necessary at the municipal

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police training academy prior to assuming the duties of a deputy sheriff. Furthermore, the

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administrator executive high sheriff in conjunction with the personnel administrator shall be

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responsible for promulgating written class specifications with necessary minimum qualifications

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defined in them therein. The sheriffs of the several counties and the deputy high sheriff for

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Providence county who are in office as of February 1, 2001 shall continue to hold office until

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their present term expires. All employees in the division of sheriffs shall be in the unclassified

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service.

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      (b) The administrator, assisted by the executive high sheriff, the deputy high sheriff, the

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sheriffs, the chief deputy sheriffs, and the deputy sheriffs shall perform all the duties required and

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exercise all the powers prescribed in this chapter; chapter 15 of title 5; chapters 5 and 10 of title

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9; chapters 5, 10 and 14 of title 10; chapters 8, 31, 34, 36 and 44 of title 11; chapters 4, 5 and 6 of

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title 12; chapter 22 of title 17; chapters 4 and 6 of title 22; chapter 2 of title 28; chapter 6 of title

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35; chapter 8 of title 37; and all other provisions of the general laws and public laws insofar as

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those powers and duties relate to the sheriffs of the several counties and as required and

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prescribed in all other provisions of the general laws and public laws relating to the powers and

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duties of the sheriffs of the several counties. Sheriffs and deputies can be removed for just cause

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by their appointing authority. For the purposes of imposition of discipline, the executive high

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sheriff shall be considered the appointing authority.

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      (c) All resources of the sheriffs and of the several counties shall be transferred to the

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division of sheriffs within the department of administration. These resources include, but are not

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limited to, all positions, property, accounts and other funding pertinent to sheriffs.

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     SECTION 3. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit

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System" is hereby amended to read as follows:

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     36-4-2. Positions in unclassified service. -- The classified service shall comprise all

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positions in the state service now existing or hereinafter established, except the following specific

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positions which with other positions heretofore or hereinafter specifically exempted by legislative

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act shall constitute the unclassified service:

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      (1) Officers and legislators elected by popular vote and persons appointed to fill

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vacancies in elective offices.

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      (2) Employees of both houses of the general assembly.

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      (3) Officers, secretaries, and employees of the office of the governor, office of the

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lieutenant governor, department of state, department of the attorney general, and the treasury

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department.

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      (4) Members of boards and commissions appointed by the governor, members of the

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state board of elections and the appointees of the board, members of the commission for human

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rights and the employees of the commission, and directors of departments.

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      (5) The following specific offices:

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      (i) In the department of administration: director, chief information officer;

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      (ii) In the department of business regulation: director;

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      (iii) In the department of elementary and secondary education: commissioner of

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elementary and secondary education;

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      (iv) In the department of higher education: commissioner of higher education;

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      (v) In the department of health: director;

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      (vi) In the department of labor and training: director, administrative assistant,

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administrator of the labor board and legal counsel to the labor board;

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      (vii) In the department of environmental management: director;

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      (viii) In the department of transportation: director;

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      (ix) In the department of human services: director;

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      (x) In the state properties committee: secretary;

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      (xi) In the workers' compensation court: judges, administrator, deputy administrator,

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clerk, assistant clerk, clerk secretary;

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      (xii) In the department of elderly affairs: director;

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      (xiii) In the department of mental health, retardation, and hospitals: director;

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      (xiv) In the department of corrections: director, assistant director

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(institutions/operations), assistant director (rehabilitative services), assistant director

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(administration), and wardens;

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      (xv) In the department of children, youth and families: director, one assistant director,

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one associate director, and one executive director;

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      (xvi) In the public utilities commission: public utilities administrator;

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      (xvii) In the water resources board: general manager.

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      (6) Chief of the hoisting engineers, licensing division, and his or her employees;

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executive director of the veterans memorial building and his or her clerical employees.

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      (7) One confidential stenographic secretary for each director of a department and each

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board and commission appointed by the governor.

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      (8) Special counsel, special prosecutors, regular and special assistants appointed by the

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attorney general, the public defender and employees of his or her office, and members of the

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Rhode Island bar occupying a position in the state service as legal counsel to any appointing

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authority.

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      (9) The academic and/or commercial teaching staffs of all state institution schools, with

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the exception of those institutions under the jurisdiction of the board of regents for elementary

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and secondary education and the board of governors for higher education.

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      (10) Members of the military or naval forces, when entering or while engaged in the

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military or naval service.

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      (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the

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supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons

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appointed by any court.

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      (12) Election officials and employees.

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      (13) Administrator, executive Executive high sheriff, deputy high sheriff, sheriffs, chief

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deputy sheriffs, deputy sheriffs, and other employees of the sheriff's division within the

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department of administration and security officers of the traffic tribunal.

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      (14) Patient or inmate help in state charitable, penal, and correctional institutions and

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religious instructors of these institutions and student nurses in training, residents in psychiatry in

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training, and clinical clerks in temporary training at the institute of mental health within the state

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of Rhode Island medical center.

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      (15) (i) Persons employed to make or conduct a temporary and special inquiry,

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investigation, project or examination on behalf of the legislature or a committee therefor, or on

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behalf of any other agency of the state if the inclusion of these persons in the unclassified service

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is approved by the personnel administrator. The personnel administrator shall notify the house

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fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person

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in the unclassified service.

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      (ii) The duration of the appointment of a person, other than the persons enumerated in

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this section, shall not exceed ninety (90) days or until presented to the unclassified pay plan

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board. The unclassified pay plan board may extend the appointment another ninety (90) days. In

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no event shall the appointment extend beyond one hundred eighty (180) days.

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      (16) Members of the division of state police.

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      (17) Executive secretary of the Blackstone Valley district commission.

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      (18) Artist and curator of state owned art objects.

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      (19) Mental health advocate.

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      (20) Child advocate.

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      (21) The position of aquaculture coordinator and dredge coordinator within the coastal

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resources management council.

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     SECTION 4. Chapter 12-2.2 of the General Laws entitled "Capitol Police for Public

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Buildings" is hereby repealed in its entirety.

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     CHAPTER 12-2.2

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Capitol Police for Public Buildings

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     12-2.2-1. Appointment of capitol police. -- The director of administration may appoint

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qualified persons to act as "capitol police officers", who shall be members of the state classified

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service. Upon a person s appointment, the director shall issue a license to act as a capitol police

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officer. This license is evidence in the courts of this state of the validity of the appointment and of

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his or her authority to act as a capitol police officer at any of the buildings or grounds within the

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jurisdiction of the division of public buildings as assigned by the chief of public buildings.

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     12-2.2-2. Powers of capitol police officers. -- Upon issuance of a license under section

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12-2.2-1, the person designated as a capitol police officer shall have the same immunities and

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may exercise, in and on the lands and buildings owned by this state and assigned to the Rhode

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Island public buildings authority, and on streets and highways immediately adjacent to those

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lands, the same powers and authority of a police officer, as are conferred by the laws of this state

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on members of the division of state police, including the power to arrest persons for violation of

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state criminal statutes or for violation of city or town ordinances of the city or town in which the

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state property is located.

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     12-2.2-3. Badges. -- Capitol police officers, when on duty and in uniform, shall wear in

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plain sight a metallic badge, inscribed with the words "capitol police of the state of Rhode

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Island". When not in uniform, the officer must carry the badge on his or her person while on duty.

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     12-2.2-4. Continuing powers of state and local police. -- Appointment of capitol police

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officers under this chapter shall in no way limit the powers, authority, and responsibility of state

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police and police of the various cities and towns to enforce state law and municipal ordinances on

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property owned or leased by this state. The division of state police and city and town police shall

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assist capitol police officers in matters relating to the detention and arraignment of prisoners for

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court. Capitol police officers shall submit reports concerning an arrest to the division processing

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the arrest, whether the division of state police or the police in the city or town where the state

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owned property is located.

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     12-2.2-5. Classes in law enforcement. -- All capitol police shall attend and successfully

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complete any law enforcement courses the director of administration requires. These courses will

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be conducted by the state police for the benefit of the capitol police.

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     12-2.2-6. Temporary assignment of capitol police officers. [Effective until January 7,

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2003.] -- (a) Upon the convening of the general assembly each year, four (4) members of the

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capitol police will be assigned for security purposes. Two (2) capitol police officers will be

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chosen by the speaker of the house of representatives and two (2) capitol police officers will be

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chosen by the senate majority leader. Duties assigned, clothing to be worn, and hours to be

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worked will be designated by the speaker of the house of representatives and the majority leader

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of the senate. These officers will be considered "on assignment" whenever officially assigned to

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any place used by the general assembly to conduct its business, or any place used by the

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committee or members of the general assembly to conduct business.

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      (b) Following the adjournment of the general assembly, or at any other time designated

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by the speaker of the house of representatives or the majority leader of the senate, the officers will

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return to their previously assigned duties as members of the capitol police.

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     12-2.2-6. Temporary assignment of capitol police officers. [Effective January 7,

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2003.] -- (a) Upon the convening of the general assembly each year, four (4) members of the

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capitol police will be assigned for security purposes. Two (2) capitol police officers will be

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chosen by the speaker of the house of representatives and two (2) capitol police officers will be

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chosen by the president of the senate. Duties assigned, clothing to be worn, and hours to be

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worked will be designated by the speaker of the house of representatives and the president of the

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senate. These officers will be considered "on assignment" whenever officially assigned to any

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place used by the general assembly to conduct its business, or any place used by the committee or

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members of the general assembly to conduct business.

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      (b) Following the adjournment of the general assembly, or at any other time designated

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by the speaker of the house of representatives or the president of the senate, the officers will

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return to their previously assigned duties as members of the capitol police.

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     12-2.2-7. Powers of capitol police officers assigned to the general assembly. -- (a)

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Capitol police officers who are assigned to the general assembly and its members for security

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purposes shall have the same immunities and may exercise, in any place used by the general

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assembly to conduct its business, or any place used by any committee or members of the general

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assembly to conduct business, the same powers and authority of a police officer as are conferred

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by the laws of this state on the members of the department of the state police, including the power

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to arrest persons for violation of ordinances of the city or town.

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      (b) In conforming with the provisions of section 11-47-9 regarding the possession of

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firearms, the officers assigned to the general assembly will be considered "on assignment" when

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on designated duties.

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SECTION 5. This act shall take effect upon passage.

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LC03352

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO THE DEPARTMENT OF ADMINISTRATION -- DIVISION OF SHERIFFS

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     This act would merge the Capitol Police with the Sheriffs Department.

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     This act would take effect upon passage.

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LC03352

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