2021 -- H 5751

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LC000910

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT

     Introduced By: Representatives Giraldo, and Morales

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-56-36 of the General Laws in Chapter 42-56 entitled "Corrections

Department" is hereby amended to read as follows:

     42-56-36. Transfer of powers and functions from department of corrections.

     (a) There are hereby transferred to the department of administration:

     (1) Those functions of the department of corrections which were administered through or

with respect to departmental programs in the performance of strategic planning as defined in § 42-

11-10(c);

     (2) All officers, employees, agencies, advisory councils, committees, commissions, and

task forces of the department of corrections who were performing strategic planning functions as

defined in § 42-11-10(c);

     (3) So much of other functions or parts of functions and employees and resources, physical

and funded, of the director of corrections as are incidental to and necessary for the performance of

the functions transferred by subdivisions (a)(1), (a)(2) and (a)(4) of this section; and

     (4) Those functions and duties of the department of corrections, which were administered

through or with respect to departmental programs relating to the Rhode Island state marshals. The

department of corrections shall transfer to the department of administration all resources, including

positions, property, and accounts, and other funding pertinent to the state marshals, that are

presently allocated to the state marshals.;and

     (5) Those functions related to safety and oversight of the Wyatt Detention Center by doing

an unannounced bi-annual in-person safety inspection throughout the facility.

     (b) The functions and duties of the Rhode Island state marshals that are transferred to the

division of sheriffs within the department of administration consist of the following:

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

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

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

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

departments from transporting those persons;

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

custody;

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

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

correctional institutions;

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

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

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

commitment to the adult correctional institutions;

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

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

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

affidavits, interstate compact extradition, and criminal detainers; and

     (8) To carry firearms as prescribed.

     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 -- CORRECTIONS DEPARTMENT

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     This act would provide for a safety inspection of the Wyatt Detention Facility twice a year.

     This act would take effect upon passage.

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