R 327

2003 -- S 0106 AS AMENDED

Enacted 07/15/03

J O I N T R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY SERVICES TO

PERSONS WITH MENTAL ILLNESS IN THE CRIMINAL JUSTICE SYSTEM

Introduced By: Senators Perry, McCaffrey, Connors, Roberts, and Parella

Date Introduced: January 22, 2003

     WHEREAS, The General Assembly of the State of Rhode Island recognizes that serious

and persistent mental illness is a major health concern, particularly in view of the 1999 report of

the Surgeon General of the United States; and

     WHEREAS, The State of Rhode Island has a proud history of caring for and providing

services to its most needy citizens; and

     WHEREAS, The availability of mental health services to certain populations has been

experienced as a very real challenge both nationally and statewide; and

     WHEREAS, There are especially vexing problems that face persons with serious and

persistent mental illness who become involved in the correctional system, as evidenced by the

statistical report of the Bureau of Justice which indicated that at least sixteen percent (16%) of

inmates have made use of mental health services; and

     WHEREAS, Persons with serious and persistent mental illness who become incarcerated

often experience attendant problems of homelessness, substance abuse, unemployment, and a

higher propensity for violence; and

     WHEREAS, It is incumbent upon the State of Rhode Island to determine the number of

individuals with serious and persistent mental illness already in or having the potential to be in

the correctional system and correspondingly to determine the type and range of services that are

needed; now, therefore be it

     RESOLVED, That a special legislative commission be and the same is hereby created

consisting of sixteen (17) members: two (2) of whom shall be from the House of Representatives,

not more than one (1) from the same political party, to be appointed by the Speaker; two (2) of

whom shall be from the Senate, not more than one (1) from the same political party, to be

appointed by the President of the Senate; two (2) of whom shall be representatives from the

Rhode Island Council of Community Mental Health Organizations; two (2) of whom shall be

representatives from the National Alliance for the mentally ill of Rhode Island; one (1)

representative from each of the following organizations; Rhode Island Department of Mental

Health, Retardation and Hospitals; Rhode Island District Court; Rhode Island Department of

Corrections; the Attorney General’s Office; the Public Defender’s Office; Mental Health

Advocate’s Office; Manic Depressive and Depressive Association of Rhode Island; Mental

Health Consumer Advocates of Rhode Island; and the Rhode Island Police Chiefs Association.

     In lieu of any appointment of a member of the legislature to a permanent advisory

commission, a legislative study commission, or any commission created by a General Assembly

resolution, the appointing authority may appoint a member of the general public to serve in lieu

of a legislator, provided that the Majority Leader or the Minority Leader of the political party

which is entitled to the appointment consents to the appointment of the member of the general

public.

     The purpose of said commission shall be to study: (1) provisions for psychiatric

assessment and services of individuals suffering from mental illness who are in the criminal

justice system and which system or systems should be responsible for these services; (2)

provisions for diversion into treatment of those determined to be in need of mental health

services; and (3) provisions for transition of such incarcerated individuals into mental health

treatment service upon release from custody. The commission shall further determine the nature

and extent of needs in the aforesaid areas and shall also determine the funding necessary to enable

the Department of Corrections, the Department of Mental Health, Retardation and Hospitals, and

any other department of state government to collaborate in the provision of such essential

services.

     Forthwith upon passage of this resolution, the members of the commission shall meet at

the call of the President of the Senate and shall select from among the legislators a chairperson.

Vacancies in said commission shall be filled in like manner as the original appointment.

     The membership of said commission shall receive no compensation for their services.

     All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as is deemed necessary or

desirable by the commission to facilitate the purposes of this resolution.

     The Joint Committee on Legislative Services is hereby authorized and directed to provide

suitable quarters for said commission; and be it further

     RESOLVED, That the commission shall report its findings and recommendations to the

General Assembly on or before January 20, 2004, and said commission shall expire on March 20,

2004.

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LC00778

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