2024 -- S 2465

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LC004741

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS STAFFING

     Introduced By: Senators Ciccone, F. Lombardi, Britto, Tikoian, Burke, and LaMountain

     Date Introduced: February 12, 2024

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 56.4

CORRECTIONS STAFFING

     42-56.4-1. Purpose.

     It is declared to be the public policy of this state to establish a maximum workday for

certain hourly wage employees as defined herein, beyond which the employees cannot be required

to perform overtime work, in order to safeguard their health, efficiency, and general well-being, as

well as the health and general well-being of the persons to whom these employees provide care,

custody and control.

     42-56.4-2. Definitions.

     As used in this chapter:

     (1) "Employee" means peace officers employed by the state as defined in § 12-7-21.

     (2) "Employer'' means the State of Rhode Island department of corrections;

     (3) "Reasonable efforts" means that the employer shall:

     (i) Seek persons who volunteer to work extra time from all available qualified staff who

are working at the time of the unforeseeable emergent circumstance; and

     (ii) Contact all qualified employees who have made themselves available to work extra

time;

     (4) "Regular hourly wage" means the amount that an employee is regularly paid for each

hour of work as determined by dividing the total hours of work during the week into the employee's

total earnings for the week, exclusive of pay for overtime work;

     (5) "Unforeseeable emergent circumstance" means an unpredictable occurrence relating to

Rhode Island department of corrections that requires immediate action, and which shall include a

riot or disturbance in the existing facilities.

     42-56.4-3. Overtime requirement.

     (a) The state shall not require an employee to accept work in excess of an agreed to,

predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the

title of correctional officer steward.

     (b) The state shall not require an employee to work overtime in excess of an agreed to,

predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the

title of correctional officer steward, except in an unforeseeable emergent circumstance. The refusal

of any employee to accept such overtime work shall not be grounds for discrimination, dismissal,

discharge, or any other penalty or employment decision adverse to the employee.

     (c) Nothing in this chapter shall be construed to limit voluntary overtime in excess of an

agreed to, predetermined scheduled work shift of either eight (8) hours for employees or ten (10)

hours for employees holding the title of correctional officer steward.

     (d) The provisions of this section shall not apply in the case of an unforeseeable emergent

circumstance when:

     (1) The overtime is required only as a last resort and is not used to fill vacancies resulting

from chronic short staffing; and

     (2) The employer has exhausted reasonable efforts to obtain staffing.

     (e) The requirement that the employer shall exhaust reasonable efforts to obtain staffing

shall not apply in the event of any declared national, state or municipal emergency or a disaster or

other catastrophic event which substantially affects or increases the need for employees as defined

by this chapter.

     42-56.4-4. Penalty for violations.

     If the state violates or fails to comply with any of the provisions of this chapter it shall be

required to pay the employee required to work at a rate of double time and half of their normal

salary.

     42-56.4-5. Collective bargaining agreements.

     The provisions of this chapter shall not negate any employee rights or benefits now existing

or later accrued under the applicable collective bargaining agreement.

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     42-56.4-6. Severability.

     If any provision of this chapter, or the application of any provision to any person or

circumstance, is held invalid, the remainder of the chapter and the application of the provision to

other persons or circumstances are not affected by the invalidity.

     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 STAFFING

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     This act would establish parameters for staffing of correctional officers.

     This act would take effect upon passage.

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