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art.003/1

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     ARTICLE 3

RELATING TO GOVERNMENT REFORM AND REORGANIZATION

     SECTION 1. Title 16 of the General Laws entitled “Education” is hereby amended by

adding thereto the following chapter:

CHAPTER 16-112

RHODE ISLAND LONGITUDINAL DATA SYSTEM ACT

     16-112-1. Rhode Island Longitudinal Data System Act.

     This chapter shall be known and may be cited as the “Rhode Island Longitudinal Data

System Act.”

     16-112-2. Findings.

     (a) Purpose. The Rhode Island Longitudinal Data System (RILDS) is Rhode Island’s

statewide longitudinal data system that integrates and links individual or unit-level data. The

purpose of the RILDS is to connect data across sectors over time to support research aligned with

the state’s priorities; inform policymaking and program evaluation; and improve the well-being of

all Rhode Islanders.

(b) The general assembly finds and declares that:

     (1) The state is committed to maintaining a longitudinal data system that the public,

researchers, and policymakers can use to analyze and assess Rhode Islanders’ aggregate progress

from early learning programs through postsecondary education and into employment; and

     (2) A national collaborative effort among federal and state policymakers, state officials,

and national education organizations have defined the essential components of a statewide

longitudinal data system; and

     (3) The RI DataHUB is the state education and workforce longitudinal data system, aligned

to the U.S. Department of Education’s Statewide Longitudinal Data System (SLDS) grant program

and the U.S. Department of Labor’s Workforce Data Quality Initiative grant program.

     16-112-3. Definitions.

     For the purpose of this chapter, the following terms shall have the following meanings

unless the context clearly requires otherwise:

     (1) “Participating agency” means the Rhode Island department of education, the office of

the postsecondary commissioner, the Rhode Island department of labor and training, and any

agency that has executed a memorandum of understanding for recurring participation in the Rhode

Island longitudinal data system.

     (2) “Rhode Island Longitudinal Data System” (RILDS) formerly known as the RI

DataHUB operated by DataSpark, is the current statewide longitudinal data system and will be

located for budgetary purposes in the office of the postsecondary commissioner.

     (3) “Rhode Island Longitudinal Data System Center” (Center) is comprised of the current

entity known as DataSpark and whatever other resources as necessary to accomplish the powers

and duties prescribed herein.

     (4) “Statewide longitudinal data system” or “longitudinal data system” or “SLDS” means

an individual- or unit-level data system that links and integrates records from state datasets

including but not limited to early childhood and prekindergarten, through elementary, secondary,

and postsecondary education, and into the workforce from participating agencies and entities.

     (5) “State and federal privacy laws” means all applicable state and federal privacy laws

and accompanying regulations, including but not limited to the Federal Family Educational Rights

and Privacy Act and its accompanying regulations (“FERPA”), Health Insurance Probability and

Accountability Act (“HIPAA”), R.I. Gen. Laws § 28-42-38, 20 CFR 603.1 et seq., and any other

privacy measures that apply to the personally identifiable information that is used by the center

and/or becomes part of the RILDS hereunder.

     16-112-4. Creation

     (a) The RILDS is hereby established within the office of the postsecondary commissioner

and is granted and authorized to use all the powers set forth in this chapter.

     (b) Functions The RILDS shall:

     (1) Transmit, store, enable access to, permit the use, and dispose of linked data and

information in accordance with the National Institute of Standards and Technology (NIST)

Cybersecurity Framework and associated NIST 800-53 security controls commensurate with data

sensitivity level and in accordance with all applicable state and privacy laws;

     (2) Serve as a central repository of the state’s inter-agency, longitudinal, linked data;

     (3) Enable the integration, linkage, and management of information;

     (4) Report on and provide access to aggregate data to, among other things, address

inequities in access, opportunities, and outcomes;

     (5) Nothing in this chapter shall negate or otherwise adversely affect the validity and legal

enforceability of any existing data sharing and/or research agreements executed between and

among the states’ participating agencies and the state’s statewide longitudinal data system.

     16-112-5 Governing Board

     (a) Composition of Board. The RILDS will be governed by the Rhode Island longitudinal

data system governing board (the board).

     (1) The board shall be composed of:

     (i) an at large member appointed by the governor who serves as one co-chair;

     (ii) director of any participating agencies as described in § 16-112-3 and § 16-112-6,

     or their designee;

     (iii) the director of the office of management and budget or designee;

     (iv) the chief information officer of the division of information technology or

     designee; and

     (v) the director of the center, as set forth in § 16-112-7.

     (2) The board shall be overseen by two co-chairs. One co-chair shall be appointed by the

governor and shall be responsible for overseeing and directing the policy duties and responsibilities

of the board. The other co-chair shall be the commissioner of postsecondary education who shall

be responsible for overseeing, supervising, and directing the operational duties of the center and its

personnel.

     (b) Powers and Duties. The board shall:

     (1) In consultation with the center and in accordance with federal and state privacy law,

approve policies regarding how data requests from state and local agencies, the Rhode Island

general assembly, third-party researchers, and the public will be managed;

     (2) In consultation with the center, approve policies regarding the publishing of reports and

other information that should be available to public stakeholders;

     (3) Approve standards implemented by the center for the security, privacy, access to, and

confidentiality of data, including policies to comply with the Family Education Rights and Privacy

Act, Health Insurance Probability and Accountability Act, R.I. Gen. Laws § 28-42-38, 20 CFR

603.1 et seq. and any other privacy measures, as required by law or the board;

     (4) Perform other functions that are necessary to ensure the successful continuation,

management, and expansion of the RILDS;

     (5) Establish a data governance committee to work with the center on an ongoing basis to

among other responsibilities, approve data requests; and

     (6) Oversee and collaborate with the data governance committee and the center as set forth

in § 16-112-7.

     16-112-6. Participating Agencies

     (a) Participating agencies shall transfer data, as applicable, to the RILDS in accordance

with the data security policies as approved by the board, and pursuant to the requirements of state

and federal privacy laws.

     (b) Any agencies providing data on a recurring basis to the RILDS shall provide a

representative to the board and be governed in the same manner as the initial agencies and entities

and shall be subject to applicable board policies.

     16-112-7. The Rhode Island Longitudinal Data System Center

     (a) Purpose. The purpose of the center is to manage and operate the RILDS and conduct

research and evaluate programs regarding federal, state, and local programs and policies. The center

shall be managed by an executive director (hereafter the “director”) responsible for the daily

management and operations of the center. The director will also be responsible for interfacing and

collaborating between the board and the data governance committee, as well as external

communications and agreements. The director shall be a non-classified employee of the council on

postsecondary education under the supervision of and subject to the authority of the commissioner

of postsecondary education.

     (b) Powers and Duties.

     The duties of the center shall be to:

     (1) Act as an authorized representative, research partner, and business associate of the

state’s agencies, including those responsible for education and workforce, under and in accordance

with the requirements of applicable federal and state statutes and/or state and federal privacy laws;

     (2) Enter into memoranda of understanding with state agencies, non-profits, subnational

governments, and other entities for the purposes of data sharing and analysis;

     (3) Coordinate with participating agencies and other entities to ensure the integrity and

quality of data being collected, including implementing the data quality and metadata policies

approved by the board;

     (4) Advance research and allow policymakers to explore critical research policy questions

and to measure investments in education and workforce development;

     (5) In consultation with the board, identify the state’s critical research and policy questions;

     (6) Provide analysis and reports that assist with evaluating programs and measuring

investments, subject to the policies approved by the board;

     (7) Implement policies and procedures approved by the board that govern the security,

privacy, access to, and confidentiality of the data, in accordance with relevant federal and state

privacy laws;

     (8) Ensure that information contained, and available through, the RILDS is kept secure,

and that individual privacy is protected, and maintain insurance coverage;

     (9) Respond to approved research data requests in accordance with the policies and

procedures approved by the board;

     (10) Enter into contracts or other agreements with appropriate entities, including but not

limited to federal, state, and local agencies, to the extent necessary to carry out its duties and

responsibilities only if such contracts or agreements incorporate adequate protections with respect

to the privacy and security of any information to be shared, and are approved, in writing, by the

applicable agency whose data or information is to be shared, and are allowable under applicable

state and federal privacy laws; and

     (11) Maintain staff necessary to carry out the above duties as provided for in the state

budget. Staff at the center shall be non-classified employees of the council on postsecondary

education, under the supervision of and subject to the authority of the commissioner of

postsecondary education. The non-SLDS activity of the center shall also be under the supervision

and authority of the commissioner of postsecondary education and the council on postsecondary

education. The council on postsecondary education, its office of the postsecondary commissioner,

and its employees shall be included under the limitation of damages for tort liability for the State

set out in §§ 9-31-1 et seq., for all actions involving the center regarding the RILDS and/or SLDS

and for any other activity of the center regarding its receipt, storage, sharing and transmission of

data as part of its non-SLDS operations and activities.

     (12) The council on postsecondary education shall be the employer of public record for the

Center.

     (c) Funding. Appropriations made pursuant to this Act shall be used exclusively for the

development and operation of RILDS.

     (1) The board and the center may implement a data request fee policy to compensate for

excessive use of the data system, to recover costs that would otherwise typically be borne by the

requesting data researcher, or both. A data request fee policy implemented pursuant to this section

shall be reviewed and approved by the board, revised periodically, and made publicly available and

posted in a prominent location on the RILDS’s internet website.

     (2) The center may receive funding for its operation of the RILDS from the following

sources:

     (a) State appropriations;

     (b) Federal grants;

     (c) User fees; and

     (d) Any other grants or contributions from public agencies or other entities.

     (e) There is hereby established a restricted receipt account in the general fund of the state

and housed in the budget of the office of postsecondary commissioner entitled “longitudinal data

system- non-federal grants.” The express purpose of this account is to record receipts and

expenditures of the program herein described and established within this section.

     SECTION 2 Section 21-36-3 of the General Laws in Chapter 21-36 entitled “The

Interagency Food & Nutrition Policy Advisory Council Act” is hereby amended to read as follows:

     21-36-3.   Council composition.

     There shall be an inter-agency food and nutrition policy advisory council which shall

consist of seven (7) nine (9) members: the director of health, or his or her designee; the director of

environmental management, or his or her designee; the director of administration, or his or her

designee; the director of the department of human services, or his or her designee; the director of

the office of healthy aging, or his or her designee; the director of the department of corrections, or

his or her designee; the secretary of commerce, or his or her designee; the director of the department

of children, youth & families, or his or her designee; and the commissioner of elementary and

secondary education, or his or her designee. The members of the commission shall elect a

chairperson from among themselves.

     SECTION 3. Section 24-8-27 of the General Laws in Chapter 24-8 entitled “Construction

and Maintenance of State Roads” is hereby amended to read as follows:

     24-8-27. “Bridge” defined — Responsibility for smaller structures.

     (a) The word “bridge” as used in this chapter shall be a structure including supports erected

over a depression or an obstruction, such as water, highway, or railway, and having a track or

passageway for carrying traffic or other moving loads, and having an opening measured along the

center of the roadway of eight (8) feet or more between under copings of abutments, spring lines

of arches, or the extreme ends of openings for multiple boxes; it also includes single or multiple

pipes where the clear distance between openings of multiple pipes is less than half of the smaller

contiguous opening. any structure not less than five feet (5′) in width. Any structure less than five

feet (5′) in width lying in any highway now being or hereafter becoming a part of the state highway

system shall be constructed, repaired or reconstructed at the expense of the state.

     (b) The State will be responsible for the following related to bridges, as defined above:

     (1) Reporting of inspection and load rating findings for National Bridge Inventory (NBI)

bridges on all roadways.

     (2) Construction and maintenance costs of:

     (i) bridges on state owned roads

     (ii) structures less than eight (8) feet on State roads

     (ii) other state-owned structures unless otherwise agreed upon.

     (c) The State is not responsible for construction or maintenance costs for bridges or smaller

structures they do not own.

     (d) Performing inspections or load ratings on any bridge or structures less than eight (8)

feet by the State for public safety does not constitute ownership or responsibility of the structure.

     SECTION 4. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of

Veterans" is hereby amended to read as follows:

     30-25-14. Rhode Island veterans’ memorial cemetery.

     (a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph

H. Ladd school in the town of Exeter, shall be under the management and control of the director of

the department of human services. The director of the department of human services shall appoint

an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably

discharged veteran of the United States Armed Forces and shall have the general supervision over,

and shall prescribe rules for, the government and management of the cemetery. He or she shall

make all needful rules and regulations governing the operation of the cemetery and generally may

do all things necessary to ensure the successful operation thereof. The director shall promulgate

rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to govern the

eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all persons

eligible for burial pursuant to rules and regulations established by the director, any person who

served in the army, navy, air force, or marine corps of the United States for a period of not less than

two (2) years and whose service was terminated honorably, shall be eligible for burial in the Rhode

Island veterans’ memorial cemetery. The director shall appoint and employ all subordinate officials

and persons needed for the proper management of the cemetery. National guard members who are

killed in the line of duty or who are honorably discharged after completion of at least twenty (20)

six (6) years’ of service in the Rhode Island national guard and/or reserve and their spouse shall be

eligible for interment in the Rhode Island veterans’ memorial cemetery. National guard members

and/or reservists who are honorably discharged after completion of at least six (6) years of service

with another state, and who are a Rhode Island resident for at least two (2) consecutive years

immediately prior to death, shall be eligible, along with their spouse, for interment in the Rhode

Island veterans’ memorial cemetery. For the purpose of computing service under this section,

honorable service in the active forces or reserves shall be considered toward the twenty (20) six (6)

years of national guard service. The general assembly shall make an annual appropriation to the

department of human services to provide for the operation and maintenance for the cemetery. The

director shall charge and collect a grave liner fee per interment of the eligible spouse and/or eligible

dependents of the qualified veteran, national guard member and/or reservist equal to the

department’s cost for the grave liner.

     (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’

memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing

ear signal dogs or any other service animal, as required by federal law or any personal assistance

animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section

shall be subject to a fine of not less than five hundred dollars ($500).

     (c) The state of Rhode Island office of veterans services shall bear the cost of all tolls

incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from

Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The

executive director of the turnpike and bridge authority shall assist in the administration and

coordination of this toll reimbursement program.

     SECTION 5. Sections 35-1.1-3 and 35-1.1-9 of the General Laws in Chapter 35-1.1 entitled

"Office of Management and Budget" are hereby amended to read as follows:

     35-1.1-3. Director of management and budget – Appointment and responsibilities.

     (a) Within the department of administration there shall be a director of management and

budget who shall be appointed by the director of administration with the approval of the governor.

The director shall be responsible to the governor and director of administration for supervising the

office of management and budget and for managing and providing strategic leadership and direction

to the budget officer, the performance management office, and the federal grants management

office.

     (b) The director of management and budget shall be responsible to:

     (1) Oversee, coordinate, and manage the functions of the budget officer as set forth by

chapter 3 of this title; program performance management as set forth by § 35-3-24.1; approval of

agreements with federal agencies defined by § 35-3-25; and budgeting, appropriation, and receipt

of federal monies as set forth by chapter 41 of title 42;

     (2) [Deleted by P.L. 2019, ch. 88, art. 4, § 9];

     (3) Oversee the director of regulatory reform as set forth by § 42-64.13-6;

     (4) Maximize the indirect cost recoveries by state agencies set forth by § 35-4-23.1; and

     (5) Undertake a comprehensive review and inventory of all reports filed by the executive

office and agencies of the state with the general assembly. The inventory should include, but not

be limited to: the type, title, and summary of reports; the author(s) of the reports; the specific

audience of the reports; and a schedule of the reports’ release. The inventory shall be presented to

the general assembly as part of the budget submission on a yearly basis. The office of management

and budget shall also make recommendations to consolidate, modernize the reports, and to make

recommendations for elimination or expansion of each report.; and

     (6) Conduct, with all necessary cooperation from executive branch agencies, reviews,

evaluations, and assessments on process efficiency, operational effectiveness, budget and policy

objectives, and general program performance.

     35-1.1-9. Cooperation of other state executive branch agencies.

     (a) The departments and other agencies of the state of the executive branch that have not

been assigned to the executive office of management and budget under this chapter shall assist and

cooperate with the executive office as may be required by the governor and/or requested by the

director of management and budget,. tThis assistance may include, but not be limited to, providing

analyses and related backup documentation and information, organizational charts and/or process

maps, contractual deliverables, and utilizing staff resources from other departments or agencies for

special projects within a defined period of time to improve processes or performance within

agencies and/or lead to cost savings.

     (b) Within thirty (30) days following the date of the issuance of a final audit report

completed pursuant to subdivision 35-1.1-2(6), the head of the department, agency or private entity

audited shall respond in writing to each recommendation made in the final audit report. This

response shall address the department’s, agency’s or private entity’s plan of implementation for

each specific audit recommendation and, if applicable, the reasons for disagreement with any

recommendation proposed in the audit report. Within one year following the date on which the

audit report was issued, the office may perform a follow-up audit for the purpose of determining

whether the department, agency or private entity has implemented, in an efficient and effective

manner, its plan of action for the recommendations proposed in the audit report.

     SECTION 6. Section 35-3-24.1 of the General Laws in Chapter 35-3 entitled “State

Budget” is hereby amended to read as follows:

     35-3-24.1. Program performance measurement.

     (a) Beginning with the fiscal year ending June 30, 1997, the governor shall submit, as part

of each budget submitted to the general assembly pursuant to § 35-3-7, performance objectives for

each program in the budget for the ensuing fiscal year, estimated performance data for the fiscal

year in which the budget is submitted, and actual performance data for the preceding two (2)

completed fiscal years. Performance data shall include efforts at achieving equal opportunity hiring

goals as defined in the department’s annual affirmative action plan. The governor shall, in addition,

recommend appropriate standards against which to measure program performance. Performance in

prior years may be used as a standard where appropriate. These performance standards shall be

stated in terms of results obtained.

     (b) The governor may submit, in lieu of any part of the information required to be submitted

pursuant to subsection (a), an explanation of why the information cannot, as a practical matter be

submitted.

     (c)(1) The office of management and budget shall be responsible for managing and

collecting program performance measures on behalf of the governor. The office is authorized to

conduct performance reviews and audits of agencies to determine progress towards achieving

performance objectives for programs the manner and extent to which executive branch agencies

achieve intended objectives and outcomes.

     (2) In order to collect performance measures from agencies, review performance and

provide recommendations the office of budget and management is authorized to coordinate with

the office of internal audit regarding the findings and recommendations that result from audits

conducted by the office.

     (3) In order to facilitate the office of management and budget’s performance reviews,

agencies must generate and provide timely access to records, reports, analyses, audits, reviews,

documents, papers, recommendations, contractual deliverables, or other materials available relating

to agency programs and operations.

     (4) In order to ensure alignment of executive branch agency operations with the state’s

priorities, the office of management and budget may produce, with all necessary cooperation from

executive branch agencies, analyses and recommendations to improve program performance,

conduct evidence-based budgeting, and respond to sudden shifts in policy environments.

     (5) In order to gain insight into performance or outcomes and inform policymaking and

program evaluation, the office of management and budget may lead, manage, and/or coordinate

interagency and cross-system collaboration or integration initiatives.

     SECTION 7. Section 37-14.1-6 of the General Laws in Chapter 14.1 titled “Minority

Business Enterprise” is hereby amended to read as follows:

     37-14.1-6 Minority business enterprise participation.

     (a) Minority business enterprises shall be included in all procurements and construction

projects under this chapter and shall be awarded a minimum of ten percent (10%) fifteen percent

(15%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%),

minority business enterprises owned and controlled by a minority owner, as defined in 37-14.1-3,

shall be awarded a minimum of seven- and one-half percent (7.5%), and minority business

enterprises owned and controlled by a woman shall be awarded a minimum of seven- and one-half

percent (7.5%). The director of the department of administration is further authorized to establish

by rules and regulation the certification process and formulas for giving minority business

enterprises a preference in contract and subcontract awards.

     (b) Any minority business enterprise currently certified by the U.S. Small Business

Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by

the department of administration as a minority business enterprise and shall only be required to

submit evidence of federal certification of good standing.

     (c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited

to, during a declared state of emergency.

     SECTION 8. Section 42-28-25 of the General Laws in Chapter 42-28 entitled “State Police”

is hereby amended to read as follows:

     42-28-25. State and municipal police training school established.

     (a) Within the Rhode Island state police there is hereby created and established a state and

municipal police training school.

     (b) The superintendent of the state police shall have supervision of the state and municipal

police training academy and shall establish standards for admission and a course of training. The

superintendent shall report to the governor and general assembly a plan for a state and municipal

police training academy on or before December 31, 1993. The superintendent shall, in consultation

with the Police Chiefs' Association and the chairperson of the Rhode Island commission on

standards and training make all necessary rules and regulations relative to the admission, education,

physical standards and personal character of the trainees and such other rules and regulations as

shall not be inconsistent with law.

     (c) Applicants to the state and municipal police training academy shall pay an application

fee in the amount of fifty dollars ($50.00); provided, however, the superintendent may waive such

application fee if payment thereof would be a hardship to the applicant.

     (d) Trainees shall pay to the division an amount equal to the actual cost of meals consumed

at the state police and municipal police training academy and the actual cost of such training

uniforms which remain the personal property of the trainees.

     (e) All fees and payments received by the division pursuant to this section shall be

deposited as general revenues.

     SECTION 9. Section 42-56-20.2 of the General Laws in Chapter 42-56 entitled

“Corrections Department” is hereby amended to read as follows:

     42-56-20.2. Community confinement.

     (a) Persons subject to this section. Every person who shall have been adjudged guilty of

any crime after trial before a judge, a judge and jury, or before a single judge entertaining the

person’s plea of nolo contendere or guilty to an offense (“adjudged person”), and every person

sentenced to imprisonment in the adult correctional institutions (“sentenced person”) including

those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult

correctional institutions (“detained person”) who meets the criteria set forth in this section shall be

subject to the terms of this section except:

     (1) Any person who is unable to demonstrate that a permanent place of residence (“eligible

residence”) within this state is available to that person; or

     (2) Any person who is unable to demonstrate that he or she will be regularly employed, or

enrolled in an educational or vocational training program within this state, and within thirty (30)

days following the institution of community confinement; or

     (3)(i) Any adjudged person or sentenced person or detained person who has been

convicted, within the five (5) years next preceding the date of the offense for which he or she is

currently so adjudged or sentenced or detained, of a violent felony.

     A “violent felony” as used in this section shall mean any one of the following crimes or an

attempt to commit that crime: murder; manslaughter; sexual assault; mayhem; robbery; burglary;

assault with a dangerous weapon; assault or battery involving serious bodily injury; arson; breaking

and entering into a dwelling; child molestation; kidnapping; DWI resulting in death or serious

injury; or driving to endanger resulting in death or serious injury; or

     (ii) Any person currently adjudged guilty of or sentenced for or detained on any capital

felony; or

     (iii) Any person currently adjudged guilty of or sentenced for or detained on a felony

offense involving the use of force or violence against a person or persons. These shall include, but

are not limited to, those offenses listed in subsection (a)(3)(i) of this section; or

     (iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or

possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or

possession of a certain enumerated quantity of a controlled substance in violation of § 21-28-4.01.1

or § 21-28-4.01.2; or

     (v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense

involving the illegal possession of a firearm.

     (b) Findings prior to sentencing to community confinement. In the case of adjudged

persons, if the judge intends to impose a sentence of community confinement, he or she shall first

make specific findings, based on evidence regarding the nature and circumstances of the offense

and the personal history, character, record, and propensities of the defendant that are relevant to the

sentencing determination, and these findings shall be placed on the record at the time of sentencing.

These findings shall include, but are not limited to:

     (1) A finding that the person does not demonstrate a pattern of behavior indicating a

propensity for violent behavior;

     (2) A finding that the person meets each of the eligibility criteria set forth in subsection (a)

of this section;

     (3) A finding that simple probation is not an appropriate sentence;

     (4) A finding that the interest of justice requires, for specific reasons, a sentence of non-

institutional confinement; and

     (5) A finding that the person will not pose a risk to public safety if placed in community

confinement.

     The facts supporting these findings shall be placed on the record and shall be subject to

review on appeal.

     (c) Community confinement.

     (1) There shall be established within the department of corrections, a community

confinement program to serve that number of adjudged persons, sentenced persons, and detainees,

that the director of the department of corrections (“director”) shall determine on or before July 1 of

each year. Immediately upon that determination, the director shall notify the presiding justice of

the superior court of the number of adjudged persons, sentenced persons, and detainees that can be

accommodated in the community confinement program for the succeeding twelve (12) months.

One-half (½) of all persons sentenced to community confinement shall be adjudged persons, and

the balance shall be detainees and sentenced persons. The director shall provide to the presiding

justice of the superior court and the family court on the first day of each month a report to set forth

the number of adjudged persons, sentenced persons, and detainees participating in the community

confinement program as of each reporting date. Notwithstanding any other provision of this section,

if on April 1 of any fiscal year less than one-half (½) of all persons sentenced to community

confinement shall be adjudged persons, then those available positions in the community

confinement program may be filled by sentenced persons or detainees in accordance with the

procedures set forth in subsection (c)(2) of this section.

     (2) In the case of inmates other than those classified to community confinement under

subsection (h) of this section, the director may make written application (“application”) to the

sentencing judge for an order (“order”) directing that a sentenced person or detainee be confined

within an eligible residence for a period of time, which in the case of a sentenced person, shall not

exceed the term of imprisonment. This application and order shall contain a recommendation for a

program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3),

(b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may

contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing

on this application shall be held within ten (10) business days following the filing of this

application. If the sentencing judge is unavailable to hear and consider the application the presiding

justice of the superior court shall designate another judge to do so.

     (3) In lieu of any sentence that may be otherwise imposed upon any person subject to this

section, the sentencing judge may cause an adjudged person to be confined within an eligible

residence for a period of time not to exceed the term of imprisonment otherwise authorized by the

statute the adjudged person has been adjudged guilty of violating.

     (4) With authorization by the sentencing judge, or, in the case of sentenced persons

classified to community confinement under subsection (h) of this section by the director of

corrections, or in accordance with the order, persons confined under the provisions of this chapter

may be permitted to exit the eligible residence in order to travel directly to and from their place of

employment or education or training and may be confined in other terms or conditions consistent

with the basic needs of that person that justice may demand, including the right to exit the eligible

residence to which that person is confined for certain enumerated purposes such as religious

observation, medical and dental treatment, participation in an education or vocational training

program, and counseling, all as set forth in the order.

     (d) Administration.

     (1) Community confinement. The supervision of persons confined under the provisions

of this chapter shall be conducted by the director, or his or her designee.

     (2) Intense surveillance. The application and order shall prescribe a program of intense

surveillance and supervision by the department of corrections. Persons confined under the

provisions of this section shall be subject to searches of their persons or of their property when

deemed necessary by the director, or his or her designee, in order to ensure the safety of the

community, supervisory personnel, the safety and welfare of that person, and/or to ensure

compliance with the terms of that person’s program of community confinement; provided,

however, that no surveillance, monitoring or search shall be done at manifestly unreasonable times

or places nor in a manner or by means that would be manifestly unreasonable under the

circumstances then present.

     (3) The use of any electronic surveillance or monitoring device which is affixed to the body

of the person subject to supervision is expressly prohibited unless set forth in the application and

order or, in the case of sentenced persons classified to community confinement under subsection

(h), otherwise authorized by the director of corrections.

     (4) Regulatory authority. The director shall have full power and authority to enforce any

of the provisions of this section by regulation, subject to the provisions of the Administrative

Procedures Act, chapter 35 of this title. Notwithstanding any provision to the contrary, the

department of corrections may contract with private agencies to carry out the provisions of this

section. The civil liability of those agencies and their employees, acting within the scope of their

employment, and carrying out the provisions of this section, shall be limited in the same manner

and dollar amount as if they were agencies or employees of the state.

     (e) Violations. Any person confined pursuant to the provisions of this section, who is found

to be a violator of any of the terms and conditions imposed upon him or her according to the order,

or in the case of sentenced persons classified to community confinement under subsection (h),

otherwise authorized by the director of corrections, this section, or any rules, regulations, or

restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification

deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person,

upon conviction, shall be subject to an additional term of imprisonment of not less than one year

and not more than twenty (20) years. However, it shall be a defense to any alleged violation that

the person was at the time of the violation acting out of a necessary response to an emergency

situation. An “emergency situation” shall be construed to mean the avoidance by the defendant of

death or of substantial personal injury, as defined above, to him or herself or to others.

     (f) Costs. Each person confined according to this section shall reimburse the state for the

costs or a reasonable portion thereof incurred by the state relating to the community confinement

of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall

be assessed by the director prior to the expiration of that person’s sentence. Once assessed, those

costs shall become a lawful debt due and owing to the state by that person. Monies received under

this section shall be deposited as general funds.

     (g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions

of this section are hereby declared to be severable from the whole, and a declaration of

unenforceability or unconstitutionality of any portion of this section, by a judicial court of

competent jurisdiction, shall not affect the portions remaining.

     (h) Sentenced persons approaching release. Notwithstanding the provisions set forth

within this section, any sentenced person committed under the direct care, custody, and control of

the adult correctional institutions, who is within one (1) year of the projected good time release

date, provided that the person shall have completed at least one-half (½) of the full term of

incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration,

provided that the person shall have completed at least one-half (½) of the term of incarceration,

may in the discretion of the director of corrections be classified to community confinement. This

provision shall not apply to any person whose current sentence was imposed upon conviction of

murder, first degree sexual assault or first degree child molestation.

     (i) Persons sentenced to life without parole with a serious health condition.

Notwithstanding the provisions set forth within this section, any person sentenced to life without

parole committed under the direct care, custody, and control of the adult correctional institutions,

who has a condition that renders him or her confined to a medical facility and who is sufficiently

physically, mentally or otherwise disabled that the presence of correctional officers provides no

additional safety to the public or the personnel caring for them in that facility, may, in the discretion

of the director of corrections, be classified to community confinement in a medical facility with an

electronic surveillance and/or monitoring device. In consultation with medical professionals, such

an individual shall be removed from community confinement in a medical facility, if their medical

condition improves or resolves to a degree that the presence of correctional officers does enhance

the safety of the public and/or the personnel caring for them in that facility and be subject to a return

to the adult correctional institutions.

     (i) (j) Notification to police departments. The director, or his or her designee, shall notify

the appropriate police department when a sentenced, adjudged or detained person has been placed

into community confinement within that department’s jurisdiction. That notice will include the

nature of the offense and the express terms and conditions of that person’s confinement. That notice

shall also be given to the appropriate police department when a person in community confinement

within that department’s jurisdiction is placed in escape status.

     (j) (k) No incarceration credit for persons awaiting trial. No detainee shall be given

incarceration credit by the director for time spent in community confinement while awaiting trial.

     (k) (l) No confinement in college or university housing facilities. Notwithstanding any

provision of the general laws to the contrary, no person eligible for community confinement shall

be placed in any college or university housing facility, including, but not limited to, dormitories,

fraternities or sororities. College or university housing facilities shall not be considered an “eligible

residence” for “community confinement.”

     (l) (m) A sentencing judge shall have authority to waive overnight stay or incarceration at

the adult correctional institution after the sentencing of community confinement. The waiver shall

be binding upon the adult correctional institution and the staff thereof, including, but not limited to

the community confinement program.

     SECTION 10. Sections 46-12.9-3, 46-12.9-5, and 46-12.9-11 of the General Laws in

Chapter 46-12.9 entitled “Rhode Island Underground Storage Tank Financial Responsibility Act”

are hereby amended to read as follows:

     46-12.9-3. Definitions

     When used in this chapter:

     (1) "Advisory board" means the Rhode Island underground storage tank financial

responsibility advisory board established pursuant to the provisions of § 46-12.9-8.

     (2 ) (1) "Department" means the Rhode Island department of environmental management.

     (3) (2) "Director" means the director of the department of environmental management, or

his or her designee.

     (4) (3) "Eligible costs" means costs, expenses, and other obligations as incurred by a

responsible party for site investigation, site remediation, or other corrective action activities ordered

or directed, and approved, by the department or performed by the responsible party and not

specifically identified by the department as ineligible.

     (5) (4) "Facility" means any parcel of real estate or contiguous parcels of real estate owned

and/or operated by the same person(s), which together with all land, structures, facility components,

improvements, fixtures, and other appurtenances located therein, form a distinct geographic unit

and at which petroleum products or hazardous materials are or have been stored in underground

storage tanks.

     (6) (5) "Fund" means the Rhode Island underground storage tank financial responsibility

fund established herein.

     (7) (6) "Operator" means any person in control of, or having the responsibility for, the daily

operation of an underground storage tank system.

     (8) (7) "Owner" means any person, corporation, group, or other entity who or that holds

exclusive or joint title to, or lawful possession of, a facility or part of a facility.

     (9) (8) "Petroleum product" means crude oil, or any fractions thereof, that is liquid at

standard conditions of temperature sixty degrees Fahrenheit (60°F) and pressure fourteen and seven

tenths pounds per square inch absolute (14.7 psia) and includes substances derived from crude oil

including, but not limited to, the following:

     (i) Gasoline;

     (ii) Fuel Oils;

     (iii) Diesel Oils;

     (iv) Waste Oils;

     (v) Gasohol, lubricants and solvents.

     (10) (9) "Release" means any spilling, leaking, pumping, pouring, injecting, emitting,

escaping, leaching, discharging, or disposing of any material stored in an underground storage tank

system subject to these regulations into groundwater, surface water, soil, air, or any other

environmental media.

     (11) (10) "Responsible party" means the person or persons liable for release of petroleum

or the remediation of a release.

     (12) (11) "Site" means any location at which, or from which, there has been a release of

petroleum associated with an underground storage tank or an underground storage tank system, or

any location to which such petroleum has migrated.

     (13) (12) "UST" or "Underground storage tank system" means any one or more

underground tanks, and their associated components, including piping, used to contain, transport,

or store petroleum product or hazardous material whose volume is ten percent (10%) or more

beneath the surface of the ground.

     46-12.9-5. Purpose of fund.

     (a) The purpose of the fund shall be to facilitate the clean-up of releases from leaking

underground storage tanks, underground storage tank systems, including those located on sites in

order to protect the environment, including drinking water supplies and public health.

     (b) The fund shall provide reimbursement to responsible parties for the eligible costs

incurred by them as a result of releases of certain petroleum from underground storage tanks or

underground storage tank systems as provided herein. Monies in the fund shall be dispensed only

upon the order of the department for the following purposes:

     (1) The fund shall pay not more than one million dollars ($1,000,000) per incident, and up

to two million dollars ($2,000,000) in the aggregate, for damages of eligible costs, as defined in

regulations promulgated hereunder and, as further defined in § 46-12.9-3, excluding legal costs and

expenses, incurred by a responsible party as a result of a release of petroleum from an underground

storage tank or underground storage tank system; provided, however, that a responsible party may

be responsible for the first twenty thousand dollars ($20,000) of said eligible costs;

     (2) Reimbursement for any third-party claim including, but not limited to, claims for bodily

injury, property damage, and damage to natural resources that are asserted against a responsible

party and that have arisen as a result of a release of petroleum from an underground storage tank

or underground storage tank system, in an amount not to exceed one million dollars ($1,000,000)

for each release as set forth in subsection (b)(1); provided, that such claims are found by the

department to be justified, reasonable, related to the release of petroleum, and not excessive or

spurious in nature;

     (3) Costs incurred by the department in carrying out the investigative, remedial, and

corrective action activities at sites of a petroleum release associated with an underground storage

tank or underground storage tank system where the responsible party fails to comply with an order

of the department to undertake such activities. In the event of such failure or documented inability

to comply, the department may access the fund to perform the ordered work and may proceed to

recover from the responsible party, on behalf of the fund, any amount expended from the fund by

the department;

     (4) Nothing contained in this chapter shall be construed to prevent subrogation by the state

of Rhode Island against any responsible party, other than the owner and/or operator, for all sums

of money that the fund shall be obligated to pay hereunder, plus reasonable attorney's fees and costs

of litigation and such right of subrogation is hereby created; and

     (5) Eligible costs incurred by the department to support the fund, including, but not limited

to, all personnel support to process and review claims in order to formulate recommendations for

reimbursement for consideration, and providing meeting space for board meetings; provided,

however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed

from the fund for administrative purposes during any fiscal year. The department shall directly

access the fund, pursuant to the limits set forth in subdivision (b)(1) of this section, to pay for such

expenses.

     (6) [Deleted by P.L. 2016, ch. 148, § 1 and P.L. 2016, ch. 160, § 1].

     46-12.9-11. Fundings.

     (a) There is hereby imposed an environmental protection regulatory fee of one cent ($0.01)

per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is

sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible

to the tax administrator for the collection of the regulatory fee, and if the distributor is unable to

recover the fee from the person who ordered the product, the distributor shall nonetheless remit to

the tax administrator the regulatory fee associated with the delivery. In accordance with the

regulations to be promulgated hereunder, the fee shall be collected, reported, and paid to the Rhode

Island division of taxation as a separate, line-item entry, on a quarterly tax report by those persons

charged with the collection, reporting, and payment of motor fuels taxes. This fee shall be

administered and collected by the division of taxation. Notwithstanding the provisions of this

section, the fee shall not be applicable to purchases by the United States government.

     (b) Of the one-cent-per-gallon ($0.01) environmental protection regulatory fee collected

by distributors of motor fuel and paid to the Rhode Island division of taxation, one-half cent

($0.005) shall be deposited in the intermodal surface transportation fund to be distributed pursuant

to § 31-36-20 and one-half cent ($0.005) shall be paid to the fund. All environmental protection

regulatory fees paid to the department shall be received by the department, which shall keep such

money in a distinct, interest-bearing, restricted-receipt account to the credit of, and for the exclusive

use of, the fund provided that for the period January 1, 2008, through June 30, 2008, all revenues

generated by the environmental protection regulatory fee, up to a maximum of two million dollars

($2,000,000), shall be deposited into the general fund. In fiscal year 2009, all revenues generated

by the environmental protection regulatory fee, up to a maximum equivalent to two million two

hundred thirty-seven thousand five hundred dollars ($2,237,500), shall be deposited into the

intermodal surface transportation fund. All fees collected may be invested as provided by law and

all interest received on such investment shall be credited to the fund.

     (c) When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of

the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all

persons responsible for the collection, reporting, and payments of the fee of the suspension. In the

event that the account balance of the fund subsequently is reduced to a sum less than five million

dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of

taxation, following proper notice thereof, and once reinstated, the collection, reporting, and

payment of the fee shall continue until the account balance again reaches the sum of eight million

dollars ($8,000,000).

     (d) Upon the determination by the advisory board and the department that the fund has

reached a balance sufficient to satisfy all pending or future claims, the advisory board department

shall recommend to the general assembly the discontinuation of the imposition of the fee created

in this section.

     SECTION 11. Section 46-12.9-8 of the General Laws in Chapter 46-12.9 entitled “Rhode

Island Underground Storage Tank Financial Responsibility Act” is hereby repealed.

     46-12.9-8. Advisory board.

     (a) There is hereby authorized, created, and established the "underground storage tank

advisory board," to have such powers as are provided herein.

     (b) The advisory board shall consist of seven (7) members, as follows: the director of the

department of environmental management, or his or her designee, who shall be a subordinate within

the department of environmental management. The governor, with the advice and consent of the

senate, shall appoint six (6) public members, one of whom shall have expertise and experience in

financial matters. In making these appointments the governor shall give due consideration to

recommendations from the American Petroleum Institute, the Independent Oil Marketers

Association, the Oil Heat Institute, the Environment Council, the Independent Oil Dealers

Association, and the Rhode Island Marine Trade Association. The newly appointed members will

serve for a term of three (3) years commencing on the day they are qualified. Any vacancy which

may occur on the board shall be filled by the governor, with the advice and consent of the senate,

for the remainder of the unexpired term in the same manner as the member's predecessor as

prescribed in this section. The members of the board shall be eligible to succeed themselves.

Members shall serve until their successors are appointed and qualified. No one shall be eligible for

appointment unless he or she is a resident of this state. The members of the board shall serve without

compensation. Those members of the board, as of the effective date of this act [July 15, 2005], who

were appointed to the board by members of the general assembly, shall cease to be members of the

board on the effective date of this act, and the governor shall thereupon nominate three (3)

members, each of whom shall serve the balance of the unexpired term of his or her predecessor.

Those members of the board, as of the effective date of this act [July 15, 2005], who were appointed

to the board by the governor, shall continue to serve the balance of their current terms. Thereafter,

the appointments shall be made by the governor as prescribed in this section.

     (c) The advisory board shall meet at the call of the chair. All meetings shall be held

consistent with chapter 46 of title 42.

     (d) The advisory board and its corporate existence shall continue until terminated by law.

Upon termination of the existence of the advisory board, all its rights and properties shall pass to

and be vested in the state.

     (e) The advisory board shall have the following powers and duties, together with all powers

incidental thereto or necessary for the performance of those stated in this chapter:

     (1) To elect or appoint officers and agents of the advisory board, and to define their duties:

     (2) To make and alter bylaws, not inconsistent with this chapter, for the administration of

the affairs of the advisory board. Such bylaws may contain provisions indemnifying any person

who is, or was, a director or a member of the advisory board, in the manner and to the extent

provided in § 7-6-6 of the Rhode Island nonprofit corporation act;

     (3) To oversee, review, and evaluate the condition and performance of the underground

storage tank fund and approve and submit an annual report after the end of each fiscal year to the

governor, the speaker of the house of representatives, the president of the senate, and the secretary

of state, of its activities during that fiscal year. The report shall provide information provided by

the department, including: an operating statement summarizing meetings held, including meeting

minutes, subjects addressed, and decisions rendered; a summary of the advisory board's actions,

fees levied, collected, or received, as prescribed in §§ 46-12.9-7 and 46-12.9-11, claims submitted,

verified, approved, modified, and denied, as prescribed in § 46-12.9-7, and reconsideration hearings

held; a synopsis of any law suits or other legal matters related to the fund; and a summary of

performance during the previous fiscal year, including accomplishments, shortcomings, and

remedies; a briefing on anticipated activities in the upcoming fiscal year; and findings and

recommendations for improvements; and a summary of any training courses held pursuant to

subdivision (e)(4). The report shall be posted electronically as prescribed in § 42-20-8.2. The

advisory board may make recommendations or suggestions on the claims process and/or the

condition and management of the fund, and the department shall respond, in writing, to any of these

suggestions or recommendations; and

     (4) To conduct a training course for newly appointed and qualified members and new

designees of ex-officio members within six (6) months of their qualification or designation. The

course shall be developed by the executive director, approved by the board, and conducted by the

executive director. The board may approve the use of any board or staff members or other

individuals to assist with training. The training course shall include instruction in the following

areas: the provisions of chapter 12.9 of title 46, chapter 46 of title 42, chapter 14 of title 36 and

chapter 2 of title 38; and the board's rules and regulations. The director of the department of

administration shall, within ninety (90) days of the effective date of this act [July 15, 2005], prepare

and disseminate training materials relating to the provisions of chapter 14 of title 36, chapter 2 of

title 38, and chapter 46 of title 42.

     (f) Upon the passage of this act and the appointment and qualification of the three (3) new

members prescribed in subsection (b), the board shall elect, from among its members, a chair.

Thereafter, the board shall elect annually, in February, a chair from among the members. The board

may elect, from among its members, such other officers as it deems necessary.

     (g) Four (4) members of the board shall constitute a quorum and the vote of the majority

of the members present shall be necessary and shall suffice for any action taken by the board. No

vacancy in the membership of the board shall impair the right of a quorum to exercise all of the

rights and perform all of the duties of the board.

     (h) Members of the board shall be removable by the governor pursuant to § 36-1-7 and

removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall

be unlawful.

     SECTION 12. This article shall take effect upon passage.