Rhode Island 2023 Regular Session

Rhode Island House Bill H5785 Compare Versions

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55 2023 -- H 5785
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
1616 ADMINISTRATION
1717 Introduced By: Representatives Giraldo, Alzate, Henries, Sanchez, Cruz, Potter, and
1818 Stewart
1919 Date Introduced: February 22, 2023
2020 Referred To: House State Government & Elections
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department 1
2525 of Administration" is hereby amended to read as follows: 2
2626 42-11-2. Powers and duties of department. 3
2727 The department of administration shall have the following powers and duties: 4
2828 (1) To prepare a budget for the several state departments and agencies, subject to the 5
2929 direction and supervision of the governor; 6
3030 (2) To administer the budget for all state departments and agencies, except as specifically 7
3131 exempted by law; 8
3232 (3) To devise, formulate, promulgate, supervise, and control accounting systems, 9
3333 procedures, and methods for the state departments and agencies, conforming to such accounting 10
3434 standards and methods as are prescribed by law; 11
3535 (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and 12
3636 services needed by state departments and agencies, except as specifically exempted by law; 13
3737 (5) To prescribe standard specifications for those purchases and contracts and to enforce 14
3838 compliance with specifications; 15
3939 (6) To supervise and control the advertising for bids and awards for state purchases; 16
4040 (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus 17
4141 and salvage, and the transfer to or between state departments and agencies of needed supplies, 18
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4545 equipment, and materials; 1
4646 (8) To maintain, equip, and keep in repair the state house, state office building, and other 2
4747 premises owned or rented by the state for the use of any department or agency, excepting those 3
4848 buildings, the control of which is vested by law in some other agency; 4
4949 (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and 5
5050 property, real and personal; 6
5151 (10) To require reports from state agencies on the buildings and property in their custody; 7
5252 (11) To issue regulations to govern the protection and custody of the property of the state; 8
5353 (12) To assign office and storage space and to rent and lease land and buildings for the use 9
5454 of the several state departments and agencies in the manner provided by law; 10
5555 (13) To control and supervise the acquisition, operation, maintenance, repair, and 11
5656 replacement of state-owned motor vehicles by state agencies; 12
5757 (14) To maintain and operate central duplicating and mailing service for the several state 13
5858 departments and agencies; 14
5959 (15) To furnish the several departments and agencies of the state with other essential office 15
6060 services; 16
6161 (16) To survey and examine the administration and operation of the state departments and 17
6262 agencies, submitting to the governor proposals to secure greater administrative efficiency and 18
6363 economy, to minimize the duplication of activities, and to effect a better organization and 19
6464 consolidation of functions among state agencies; 20
6565 (17) To operate a merit system of personnel administration and personnel management as 21
6666 defined in § 36-3-3 in connection with the conditions of employment in all state departments and 22
6767 agencies within the classified service; 23
6868 (18) To assign or reassign, with the approval of the governor, any functions, duties, or 24
6969 powers established by this chapter to any agency within the department; 25
7070 (19) To establish, maintain, and operate a data processing center or centers, approve the 26
7171 acquisition and use of electronic data processing services by state agencies, furnish staff assistance 27
7272 in methods, systems and programming work to other state agencies, and arrange for and effect the 28
7373 centralization and consolidation of punch card and electronic data processing equipment and 29
7474 services in order to obtain maximum utilization and efficiency; 30
7575 (20) To devise, formulate, promulgate, supervise, and control a comprehensive and 31
7676 coordinated statewide information system designed to improve the database used in the 32
7777 management of public resources, to consult and advise with other state departments and agencies 33
7878 and municipalities to assure appropriate and full participation in this system, and to encourage the 34
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8282 participation of the various municipalities of this state in this system by providing technical or other 1
8383 appropriate assistance toward establishing, within those municipalities, compatible information 2
8484 systems in order to obtain the maximum effectiveness in the management of public resources; 3
8585 (i) The comprehensive and coordinated statewide information system may include a Rhode 4
8686 Island geographic information system of land-related economic, physical, cultural and natural 5
8787 resources. 6
8888 (ii) In order to ensure the continuity of the maintenance and functions of the geographic 7
8989 information system, the general assembly may annually appropriate such sum as it may deem 8
9090 necessary to the department of administration for its support; 9
9191 (21) To administer a statewide planning program including planning assistance to the state 10
9292 departments and agencies; 11
9393 (22) To administer a statewide program of photography and photographic services; 12
9494 (23) To negotiate with public or private educational institutions in the state, in cooperation 13
9595 with the department of health, for state support of medical education; 14
9696 (24) To promote the expansion of markets for recovered material and to maximize their 15
9797 return to productive economic use through the purchase of materials and supplies with recycled 16
9898 content by the state of Rhode Island to the fullest extent practically feasible; 17
9999 (25) To approve costs as provided in § 23-19-32; 18
100100 (26) To provide all necessary civil service tests for child protective investigators and social 19
101101 workers at least twice each year and to maintain an adequate hiring list for these positions at all 20
102102 times; 21
103103 (27)(a) To prepare a report every three (3) months by all current property leases or rentals 22
104104 by any state or quasi-state agency to include the following information: 23
105105 (i) Name of lessor; 24
106106 (ii) Description of the lease (purpose, physical characteristics, and location); 25
107107 (iii) Cost of the lease; 26
108108 (iv) Amount paid to date; 27
109109 (v) Date initiated; 28
110110 (vi) Date covered by the lease. 29
111111 (b) To prepare a report by October 31, 2014, of all current property owned by the state or 30
112112 leased by any state agency or quasi-state agency to include the following information: 31
113113 (i) Total square feet for each building or leased space; 32
114114 (ii) Total square feet for each building and space utilized as office space currently; 33
115115 (iii) Location of each building or leased space; 34
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119119 (iv) Ratio and listing of buildings owned by the state versus leased; 1
120120 (v) Total occupancy costs which shall include capital expenses, provided a proxy should 2
121121 be provided to compare properties that are owned versus leased by showing capital expenses on 3
122122 owned properties as a per square foot cost at industry depreciation rates; 4
123123 (vi) Expiration dates of leases; 5
124124 (vii) Number of workstations per building or leased space; 6
125125 (viii) Total square feet divided by number of workstations; 7
126126 (ix) Total number of vacant workstations; 8
127127 (x) Percentage of vacant workstations versus total workstations available; 9
128128 (xi) Date when an action is required by the state to renew or terminate a lease; 10
129129 (xii) Strategic plan for leases commencing or expiring by June 30, 2016; 11
130130 (xiii) Map of all state buildings which provides: cost per square foot to maintain, total 12
131131 number of square feet, total operating cost, date each lease expires, number of persons per building 13
132132 and total number of vacant seats per building; and 14
133133 (xiv) Industry benchmark report which shall include total operating cost by full-time 15
134134 equivalent employee, total operating cost by square foot and total square feet divided by full-time 16
135135 equivalent employee; 17
136136 (28) To prepare a report to the chairs of the house and senate finance committees by 18
137137 December 15, 2021, and each year thereafter of all current property owned by the state or leased 19
138138 by any state agency or quasi-state agency to include the following information: 20
139139 (i) Total square feet for each building or leased space; 21
140140 (ii) Total square feet for each building and space utilized as office space currently; 22
141141 (iii) Location of each building or leased space; 23
142142 (iv) Ratio and listing of buildings owned by the state versus leased; 24
143143 (v) Total occupancy costs which shall include capital expenses, provided a proxy should 25
144144 be provided to compare properties that are owned versus leased by showing capital expenses on 26
145145 owned properties as a per square foot cost at industry depreciation rates; 27
146146 (vi) Expiration dates of leases; 28
147147 (vii) Number of workstations per building or leased space; 29
148148 (viii) Total square feet divided by number of workstations; 30
149149 (ix) Total number of vacant workstations; 31
150150 (x) Percentage of vacant workstations versus total workstations available; 32
151151 (xi) Date when an action is required by the state to renew or terminate a lease; 33
152152 (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each 34
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156156 subsequent year thereafter; 1
157157 (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number 2
158158 of square feet, total operating cost, date each lease expires, number of persons per building and 3
159159 total number of vacant seats per building; and 4
160160 (xiv) Industry benchmark report that shall include total operating cost by full-time 5
161161 equivalent employee, total operating cost by square foot and total square feet divided by full-time 6
162162 equivalent employee; 7
163163 (29) To provide by December 31, 1995, the availability of automatic direct deposit to any 8
164164 recipient of a state benefit payment, provided that the agency responsible for making that payment 9
165165 generates one thousand (1,000) or more such payments each month; 10
166166 (30) To encourage municipalities, school districts, and quasi-public agencies to achieve 11
167167 cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or 12
168168 by entering into collaborative agreements with other municipalities, districts, or agencies. To assist 13
169169 in determining whether the benefit levels including employee cost sharing and unit costs of such 14
170170 benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies 15
171171 as compared with state benefit levels and costs; and 16
172172 (31) To administer a health benefit exchange in accordance with chapter 157 of this title; 17
173173 and 18
174174 (32) No state agency shall enter into any contracts with the U.S. Immigration and Customs 19
175175 Enforcement (ICE) for the purposes of housing and detaining people. 20
176176 SECTION 2. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Corrections 21
177177 Department" is hereby amended to read as follows: 22
178178 42-56-10. Powers of the director. 23
179179 In addition to exercising the powers and performing the duties, which are otherwise given 24
180180 to him or her by law, the director of the department of corrections shall: 25
181181 (1) Designate, establish, maintain, and administer those state correctional facilities that he 26
182182 or she deems necessary, and may discontinue the use of those state correctional facilities that he or 27
183183 she deems appropriate for that action; 28
184184 (2) Maintain security, safety, and order at all state correctional facilities, utilize the 29
185185 resources of the department to prevent escapes from any state correctional facility, take all 30
186186 necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of 31
187187 any state correctional facility, including, but not limited to, the development, planning, and 32
188188 coordination of emergency riot procedures, and take suitable measures for the restoration of order; 33
189189 (3) Establish and enforce standards for all state correctional facilities; 34
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193193 (4) Supervise and/or approve the administration by the assistant directors of the 1
194194 department; 2
195195 (5) Manage, direct, and supervise the operations of the department; 3
196196 (6) Direct employees in the performance of their official duties; 4
197197 (7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge, 5
198198 or take other necessary disciplinary action; 6
199199 (8) Maintain the efficiency of the operations of the department; 7
200200 (9) Determine the methods, means, and personnel by which those operations of the 8
201201 department are to be conducted; 9
202202 (10) Relieve employees from duties because of lack of work or for other legitimate reasons; 10
203203 (11) Establish, maintain, and administer programs, including, but not limited to, education, 11
204204 training, and employment, of persons committed to the custody of the department, designed as far 12
205205 as practicable to prepare and assist each person to assume the responsibilities and exercise the rights 13
206206 of a citizen of this state; 14
207207 (12) Establish a system of classification of persons committed to the custody of the 15
208208 department for the purpose of developing programs for each person in order to effectively develop 16
209209 an individualized program for each sentenced inmate that will address each offender’s individual 17
210210 treatment and rehabilitative needs, the department of corrections is authorized to receive, with the 18
211211 express consent of the inmate, and upon request to the department of children, youth and families, 19
212212 the offender’s juvenile arrest and/or adjudication records. Information related to the juvenile’s 20
213213 family members and other third parties, excluding law enforcement personnel, shall be redacted 21
214214 from the records provided prior to their release to the department. The records will be disclosed to 22
215215 only those department personnel directly responsible for, and only for the purpose of, developing 23
216216 the individualized program for the offender; 24
217217 (13) Determine at the time of commitment, and from time to time thereafter, the custody 25
218218 requirements and program needs of each person committed to the custody of the department and 26
219219 assign or transfer those persons to appropriate facilities and programs; 27
220220 (14) Establish training programs for employees of the department, including the use of an 28
221221 application system for the department’s correctional officer training academy that leverages other 29
222222 law enforcement entity recruiting and the establishment of any fee associated with such system, 30
223223 provided that a state application process compliant with § 28-6.3-1 also be provided; 31
224224 (15) Investigate grievances and inquire into alleged misconduct within the department; 32
225225 (16) Maintain adequate records of persons committed to the custody of the department; 33
226226 (17) Establish and maintain programs of research, statistics, and planning, and conduct 34
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230230 studies relating to correctional programs and responsibilities of the department; 1
231231 (18) Utilize, as far as practicable, the services and resources of specialized community 2
232232 agencies and other local community groups in the development of programs, recruitment of 3
233233 volunteers, and dissemination of information regarding the work and needs of the department; 4
234234 (19) Make and enter into any contracts and agreements necessary or incidental to the 5
235235 performance of the duties and execution of the powers of the department, including, but not limited 6
236236 to, contracts to render services to committed offenders, and to provide for training or education for 7
237237 correctional officers and staff, except that no contracts shall be entered into with a private, for-8
238238 profit prison facility, or with the U.S. Immigration and Customs Enforcement (ICE) for the 9
239239 purposes of housing and detaining people; 10
240240 (20) Seek to develop civic interest in the work of the department and educate the public to 11
241241 the needs and goals of the corrections process; 12
242242 (21) Expend annually in the exercise of his or her powers, performance of his or her duties, 13
243243 and for the necessary operations of the department those sums that may be appropriated by the 14
244244 general assembly; 15
245245 (22) Make and promulgate necessary rules and regulations incident to the exercise of his 16
246246 or her powers and the performance of his or her duties, including, but not limited to, rules and 17
247247 regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, 18
248248 communication, and visiting privileges, classification, education, training, employment, care, and 19
249249 custody for all persons committed to correctional facilities; 20
250250 (23) Make and promulgate regulations to provide: 21
251251 (a) Written notice to licensed nursing facilities, licensed assisted-living residences, and 22
252252 housing for the elderly whenever a person seeking to reside in one of these facilities or residences 23
253253 is being released on parole for any of the following offenses: murder, voluntary manslaughter, 24
254254 involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree 25
255255 sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit 26
256256 specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or 27
257257 mistreatment of patients, burglary, first degree arson, felony larceny, or robbery; 28
258258 (b) A risk assessment process to identify and recommend safety or security measures 29
259259 necessary for the protection of other residents or clients, including whether the parolee should be 30
260260 prohibited from residing in any such facility or residence or segregated from other residents or 31
261261 clients to protect the security and safety of other residents; 32
262262 (c) The written notice to licensed nursing facilities, assisted living residences, or housing 33
263263 for the elderly shall include charge information and disposition about the offense for which the 34
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267267 resident or client has been paroled, contact information for the resident’s or client’s parole 1
268268 supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and 2
269269 security measures. A copy of the written notice shall be provided to the parolee; and 3
270270 (d) A process for notifying the appropriate state regulatory agency and the state long-term 4
271271 care ombudsman whenever notice as required in subsection (23)(a) of this section has been given; 5
272272 (24) Notwithstanding the enumeration of the powers of the director as set forth in this 6
273273 section, and notwithstanding any other provision of the general laws, the validity and enforceability 7
274274 of the provisions of a collective bargaining agreement shall not be contested, affected, or 8
275275 diminished, nor shall any arbitration award be vacated, remanded or set aside on the basis of an 9
276276 alleged conflict with this section or with any other provision of the general laws. 10
277277 SECTION 3. Section 45-2-4 of the General Laws in Chapter 45-2 entitled "General 11
278278 Powers" is hereby amended to read as follows: 12
279279 45-2-4. Power to own property and make contracts. 13
280280 Cities and towns may take, purchase, and hold real and personal property, and alienate and 14
281281 convey the property; and may also take, hold, and manage the property in trust for any charitable, 15
282282 other than religious, uses, and may make all contracts, including lease or lease-purchase agreements 16
283283 of real and personal property, necessary and convenient for the transaction of the business of the 17
284284 city or town except that no contracts shall be entered into with the U.S. Immigration and Customs 18
285285 Enforcement (ICE) for the purposes of housing and detaining people. 19
286286 SECTION 4. Section 45-54-6 of the General Laws in Chapter 45-54 entitled "Municipal 20
287287 Detention Facility Corporations" is hereby amended to read as follows: 21
288288 45-54-6. Powers. 22
289289 Except to the extent inconsistent with any specific provision of this chapter, the corporation 23
290290 has the power: 24
291291 (1) To sue and be sued, complain, and defend in its corporate name; 25
292292 (2) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a 26
293293 facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly 27
294294 distinguishable from the seal of any city or town; 28
295295 (3) To maintain an office at a place or places that it may designate within the boundaries 29
296296 of the city or town whose council established the corporation; 30
297297 (4) To determine the location and character of any project to be financed under the 31
298298 provisions of this chapter, not inconsistent with local zoning ordinances; 32
299299 (5) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, 33
300300 or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to 34
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304304 mortgage, lease, or sell any of that property; 1
305305 (6) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, 2
306306 reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, 3
307307 including all real, personal, or mixed properties which it may deem necessary in connection with 4
308308 that, and regardless of whether or not the project or projects shall then be in existence or shall then 5
309309 be partially or wholly constructed; 6
310310 (7) To lease, as lessor, to any person, firm, partnership, or corporation, either public or 7
311311 private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease 8
312312 upon the failure of the lessee to comply with any of the obligations of the lease; 9
313313 (8) To lease, as lessee, any property, real, personal or mixed, or any interest in property; 10
314314 (9) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever 11
315315 it finds an action to be in furtherance of the purposes for which the corporation was established; 12
316316 (10) To grant options to purchase any of its projects on whatever terms it may deem 13
317317 advisable, and to grant options to renew any leases entered into by it in connection with any of its 14
318318 projects on any terms it may deem advisable; 15
319319 (11) To issue bonds of the corporation for the purpose of carrying out any of its purposes, 16
320320 payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, 17
321321 all as provided in this chapter; 18
322322 (12) As security for the payment of the principal and interest on any bonds so issued and 19
323323 any agreements made in connection with that, to mortgage and pledge any or all of its projects, or 20
324324 any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and 21
325325 receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of 22
326326 the lease or leases; 23
327327 (13) To borrow money in anticipation of the issuance of bonds for any of its purposes, and 24
328328 to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized 25
329329 by resolution of the corporation; 26
330330 (14) To make and enter into all contracts, leases, and other agreements necessary or 27
331331 incidental to the performance of its duties and the execution of its powers under this chapter; 28
332332 provided, that those contracts, leases, and other agreements with the federal government or other 29
333333 federal agency are governed by federal procurement procedures, and other contracts, leases, or 30
334334 other agreements are governed by the procurement requirements of the municipality, if any.; and, 31
335335 provided further, that no contract shall be entered into with a private, for-profit prison facility or 32
336336 with the U.S. Immigration and Customs Enforcement (ICE) for the purposes of housing and 33
337337 detaining people; 34
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341341 (15) Without limitation of the preceding, to borrow money from, to receive and accept 1
342342 grants for or in aid of construction or acquisition of projects authorized under this chapter from, 2
343343 and to enter into contracts, leases, or other transactions with, the federal government or any federal 3
344344 agency; and to receive and accept from the state or any municipality, and from any other source, 4
345345 aid or contributions of money, property, labor, or other things of value; to be held, used, and applied 5
346346 only for the purposes for which the grants and contributions may be made; 6
347347 (16) To combine for financing purposes any two (2) or more projects authorized to be 7
348348 acquired or constructed under the provisions of this chapter; 8
349349 (17) To employ, in its discretion, attorneys, accountants, architectural and engineering 9
350350 consultants, and other officers, employees, or agents as may be necessary in its judgment, and to 10
351351 fix their compensation; 11
352352 (18) To acquire in the name of the corporation by purchase or otherwise, on terms and 12
353353 conditions and in the manner that it may deem proper, or by the exercise of the rights of 13
354354 condemnation in the manner provided in § 45-54-9, public or private lands, or parts of them or 14
355355 rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary 15
356356 for carrying out the provisions of this chapter; provided, that all public property damaged in 16
357357 carrying out the powers granted by this chapter is restored or repaired and placed in its original 17
358358 condition as nearly as practicable; 18
359359 (19) To do all other acts and to do any and all things necessary or convenient to carry out 19
360360 its purposes and exercise the powers given and granted in this chapter; 20
361361 (20) To provide for the care, custody, control and transportation of all detainees or inmates 21
362362 committed to detention or incarceration at any project and to take all necessary steps to maintain 22
363363 security, safety and order, to prevent escapes from any project, to take all necessary precautions to 23
364364 prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but 24
365365 not limited to, the development, planning and coordination of emergency riot procedures, and take 25
366366 suitable measures for the restoration of order; 26
367367 (21) To establish and enforce standards for each project; 27
368368 (22) To establish and fund training and education programs for employees, under the 28
369369 direction of the warden, the curriculum for which to be approved annually by the police officers’ 29
370370 commission on standards and training, and to hire, promote, transfer, assign, and retain employees 30
371371 for the operation of each project and suspend, demote, discharge, or take other necessary 31
372372 disciplinary action with regard to such employees; 32
373373 (23) To determine the methods, means, and personnel by which the operation of each 33
374374 project is to be conducted; 34
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378378 (24) To relieve employees of duty because of lack of work or for other legitimate reasons; 1
379379 (25) To investigate grievances of its employees and to inquire into alleged misconduct by 2
380380 employees; 3
381381 (26) To make and promulgate necessary rules and regulations incident to the corporation’s 4
382382 exercise of its powers and the performance of the corporation’s duties, including, but not limited 5
383383 to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious 6
384384 services, communication and visiting privileges, classification, education, training, employment, 7
385385 care, and custody for all persons detained at any project; and 8
386386 (27) To delegate any or all of the above referenced powers to its duly designated agents, 9
387387 servants, consultants or employees at its discretion, who being so designated may exercise said 10
388388 power(s) on behalf of the corporation. 11
389389 SECTION 5. This act shall take effect upon passage. 12
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396396 EXPLANATION
397397 BY THE LEGISLATIVE COUNCIL
398398 OF
399399 A N A C T
400400 RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
401401 ADMINISTRATION
402402 ***
403403 This act would prohibit contracts with private, for-profit prison facilities or with the U.S. 1
404404 Immigration and Customs Enforcement (ICE) for the purposes of housing and detaining people. 2
405405 This act would take effect upon passage. 3
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