Rhode Island 2023 Regular Session

Rhode Island House Bill H5786 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5786
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7	7	LC001716
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- MUNICIPAL DETENTION FACILITY
16	16	CORPORATIONS
17	17	Introduced By: Representatives Giraldo, Morales, Alzate, Henries, Sanchez, Cruz, Potter,
18	18	and Stewart
19	19	Date Introduced: February 22, 2023
20	20	Referred To: House State Government & Elections
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Chapter 45-54 of the General Laws entitled "Municipal Detention Facility 1
25	25	Corporations" is hereby repealed in its entirety. 2
26	26	CHAPTER 45-54 3
27	27	Municipal Detention Facility Corporations 4
28	28	45-54-1. Corporations created. 5
29	29	(a) For the purposes stated in this chapter there is incorporated in each city and town a body 6
30	30	corporate and politic which shall be known as the municipal detention facility corporation of the 7
31	31	municipality. The corporation is a public corporation, which is an instrumentality and agency of 8
32	32	the municipality, but has a distinct legal existence from the municipality, and which has purposes 9
33	33	that are consistent with the declaration of purpose set out in this chapter, and which has powers that 10
34	34	are necessary and incidental to the effectuation of the stated purposes. 11
35	35	(b) The corporation of any city or town shall not have the authority to transact any business 12
36	36	or exercise any powers under this chapter until the city or town council shall by resolution declare 13
37	37	that there is a need for the corporation to function in the city or town. 14
38	38	(c) The corporation of each city or town shall cease to exist unless the city or town council 15
39	39	passes the resolution specified in subsection (b) prior to December 31, 1991, the corporation of the 16
40	40	municipality has entered into a contract for the operation of a detention facility with the United 17
41	41	States Marshals' Service prior to December 31, 1991, and the site of the detention facility has 18
42	42
43	43
44	44	LC001716 - Page 2 of 21
45	45	received all necessary zoning approvals by December 31, 1991. 1
46	46	45-54-2. Legislative findings. 2
47	47	(a) It has been widely reported that the United States has need for a detention facility to be 3
48	48	located within the state of Rhode Island. 4
49	49	(b) It is declared that a need for economic development projects exists within the state and 5
50	50	that the development of a detention facility would help to meet the need for economic development 6
51	51	and address the detention facility needs of the United States. 7
52	52	(c) It is further declared that the most efficient and effective method to further the public 8
53	53	policy of the state to encourage the development and construction of a detention facility and other 9
54	54	authorized projects is to permit the establishment of public corporations in each of the cities and 10
55	55	towns of the state with the power to acquire, construct, erect, maintain, operate, manage, and lease 11
56	56	land, buildings, and improvements to be used for a detention facility and other authorized projects. 12
57	57	(d) Any corporation created under this chapter is subject to the provisions of chapter 2 of 13
58	58	title 38 and chapter 46 of title 42 and, in addition, the directors of the corporation are subject to the 14
59	59	provisions of chapter 14 of title 36. 15
60	60	45-54-3. Definitions. 16
61	61	As used in this chapter, the following words and terms have the following meanings, unless 17
62	62	the context indicates another or different meaning or intent: 18
63	63	(1) "Bonds" means any bonds, interim certificates, notes, debentures, or other evidences of 19
64	64	indebtedness of the corporation issued pursuant to this chapter; 20
65	65	(2) "Construction" means and includes acquisitions, construction, repair, rehabilitation, 21
66	66	development, and installation, and the term "to construct" means and includes, to acquire, to 22
67	67	construct, to repair, to rehabilitate, to develop, and to install, all in a manner as may be deemed 23
68	68	desirable; 24
69	69	(3) "Corporation" means the municipal detention facility corporation created under this 25
70	70	chapter; 26
71	71	(4)(i) "Cost", as applied to any project to be constructed or acquired by the corporation, 27
72	72	includes: the cost of acquisition or construction and, if the project consists of public facilities, the 28
73	73	cost of acquisition of all land, rights-of-way, property, rights, easements, and interests acquired by 29
74	74	the corporation for the construction; the cost of demolishing or removing any buildings or structures 30
75	75	on land so acquired, including the cost of acquiring any lands to which the buildings or structures 31
76	76	may be moved; the cost of all machinery and equipment; financing charges; interest prior to and 32
77	77	during construction and for one year after completion of construction; the cost of estimates and 33
78	78	planning, engineering and legal services, plans, specifications, and surveys; estimates of costs and 34
79	79
80	80
81	81	LC001716 - Page 3 of 21
82	82	of revenues; other expenses necessary or incident to determining the feasibility or practicability of 1
83	83	the construction; administrative expenses; and other expenses as may be necessary or incident to 2
84	84	the construction, the financing of the construction, and the placing of the project in operation. 3
85	85	(ii) The word "cost", as applied to any project which the corporation may be authorized to 4
86	86	acquire, means the amount of the purchase price of any public equipment or, if the project consists 5
87	87	of public facilities, the amount of any condemnation award in connection with the acquisition of 6
88	88	the project, and includes: the cost of acquiring all of the capital stock of the corporation owning the 7
89	89	project, if that is the case, and the amount to be paid to discharge all of the obligations of the 8
90	90	corporation in order to vest title to the project, which may be determined by the corporation to be 9
91	91	necessary prior to the financing of the project; interest during the period of construction of the 10
92	92	improvements and for one year thereafter; the cost of all lands, properties, rights, easements, 11
93	93	franchises, and permits acquired; the cost of planning, engineering and legal services, plans, 12
94	94	specifications, and surveys; estimates of cost and of revenues; other expenses necessary or incident 13
95	95	to determining the feasibility or practicability of the acquisition or improvement; administrative 14
96	96	expenses; and other expense as may be necessary or incident to the financing of the acquisition or 15
97	97	improvement and the placing of project in operation by the corporation. 16
98	98	(iii) The word "cost" includes the cost of purchase and installation of solar, wind, and 17
99	99	renewable energy systems, which include solar thermal, solar, electric, and wind energy systems 18
100	100	that provide heating, cooling, hot water, or electricity to a building, together with equipment for 19
101	101	collection, storage, distribution, and control, including components of a building specifically 20
102	102	designed to retain heat derived from solar energy; 21
103	103	(5) "Council" means the city or town council of a municipality; 22
104	104	(6) "Detention facility" means land, buildings, or improvements used for the purposes of 23
105	105	detaining prisoners in accordance with the provisions of this chapter; 24
106	106	(7) "Director" means one of the members of the corporation appointed in accordance with 25
107	107	the provisions of this chapter; 26
108	108	(8) "Federal agency" means and includes the United States of America, and any department 27
109	109	of, or any corporation, agency, or instrumentality created, designated, or established by, the United 28
110	110	States of America; 29
111	111	(9) "Improvement" means and includes extension, enlargement, and improvement, and the 30
112	112	term "to improve" means and includes, to extend, to enlarge, and to improve, all in a manner as 31
113	113	may be deemed desirable; 32
114	114	(10) "Municipality" means and includes any city or town within the state now existing or 33
115	115	hereafter created; 34
116	116
117	117
118	118	LC001716 - Page 4 of 21
119	119	(11) "Owner" means and includes all individuals, incorporated companies, copartnerships, 1
120	120	societies, or associations, and, also, all municipalities and political subdivisions, and all public 2
121	121	agencies and instrumentalities, having any title or interest in any property, rights, easements, or 3
122	122	franchises authorized to be acquired under the provisions of this chapter; 4
123	123	(12) "Persons" means and includes natural persons, firms, associations, corporations, 5
124	124	business trusts, partnerships, and public bodies; 6
125	125	(13) "Project" means any detention facility or public equipment which the corporation is 7
126	126	authorized to construct, improve, equip, furnish, maintain, acquire, install, or operate under the 8
127	127	provisions of this chapter, and includes all real and personal property related to it; 9
128	128	(14) "Public equipment" means and includes all tangible personal property, new or used, 10
129	129	including, without limiting the generality of the preceding, all machinery, equipment, 11
130	130	transportation equipment, maintenance equipment, construction equipment, sanitation equipment, 12
131	131	police, fire, and public safety equipment, and all other things and rights usually included within 13
132	132	that term, including any and all interests in property which are less than full title, as leasehold 14
133	133	interests, security interests, and every other interest or right, legal or equitable; provided, that the 15
134	134	public equipment is related to and used in connection with a detention facility; and 16
135	135	(15) "State" means and includes the state of Rhode Island, and any office, department, 17
136	136	board, commission, bureau, division, authority, public corporation, agency, or instrumentality of 18
137	137	the state. 19
138	138	45-54-4. Resolution conclusive as to capacity of corporation. 20
139	139	In any suit, action, or proceeding involving the validity or enforcement of, or relating to, 21
140	140	any contract by, or on behalf of, a corporation, the corporation is exclusively deemed to be 22
141	141	established and authorized to transact business and exercise its powers upon proof of the adoption 23
142	142	of a resolution by the city or town council declaring the need for the corporation to function. 24
143	143	45-54-5. Board of directors -- Tenure -- Quorums. 25
144	144	(a) When the council of a city or town first adopts a resolution as provided for in § 45-54-26
145	145	1, the elected chief executive officer, in cities and towns having a popularly elected chief executive 27
146	146	officer, shall appoint five (5) persons, at least three (3) of whom shall be resident electors of the 28
147	147	city or town as directors of the corporation. These appointments are subject to approval by the city 29
148	148	or town council. In cities and towns where there is no popularly elected chief executive officer, the 30
149	149	city or town council shall appoint five (5) persons, at least three (3) of whom shall be resident 31
150	150	electors of the city or town as directors of the corporation. 32
151	151	(b) The directors who are first appointed are designated to serve for terms as follows: two 33
152	152	(2) directors have initial terms of two (2) years; and three (3) directors have initial terms of three 34
153	153
154	154
155	155	LC001716 - Page 5 of 21
156	156	(3) years, respectively, from the date of their appointment. Thereafter, directors shall be appointed 1
157	157	for a term of five (5) years, except that all vacancies shall be filled for the unexpired term by the 2
158	158	chief executive officer of the city or town, if any, or the city or town council. 3
159	159	(c) Each director whose term of office expires shall continue to hold office until his or her 4
160	160	successor is appointed and has qualified. Each director before entering upon his or her other duties 5
161	161	will take an oath to support the constitution and laws of the state and the constitution of the United 6
162	162	States and to faithfully and impartially discharge the duties of his or her office. The directors are 7
163	163	subject to removal for cause by the elected chief executive officer, in cities and towns having a 8
164	164	popularly elected chief executive officer, or by the town council, where there is no popularly elected 9
165	165	chief executive officer. The directors receive no compensation for the performance of their duties, 10
166	166	but are reimbursed for their reasonable expenses incurred in carrying out their duties under this 11
167	167	chapter. 12
168	168	(d) No director or employee of the corporation shall acquire any direct interest in any 13
169	169	project or in any property included or planned to be included in any project, nor shall he or she 14
170	170	have any interest, direct or indirect, in any proposed contract for materials or services to be 15
171	171	furnished in connection with any project. If any director or employee of the corporation owns or 16
172	172	controls an interest, direct or indirect, in any property included or planned to be included in any 17
173	173	project, he or she shall immediately disclose the interest, in writing, to the corporation and that 18
174	174	disclosure shall be entered upon the minutes of the corporation. Failure to disclose the interest 19
175	175	constitutes misconduct in office. 20
176	176	(e) No elected official of any city or town or director of the corporation shall become an 21
177	177	employee of the corporation for at least two (2) years after leaving public office or ceasing to be a 22
178	178	director of the corporation, as applicable. 23
179	179	(f) The corporation shall elect one of its directors as chairperson and another as vice-24
180	180	chairperson and shall also elect a secretary and a treasurer. Three (3) directors of the corporation 25
181	181	constitutes a quorum and the vote of three (3) members is necessary for any action taken by the 26
182	182	corporation. No vacancy in the board of directors of the corporation shall impair the right of the 27
183	183	quorum to exercise all the rights and perform all the duties of the corporation. 28
184	184	45-54-6. Powers. 29
185	185	Except to the extent inconsistent with any specific provision of this chapter, the corporation 30
186	186	has the power: 31
187	187	(1) To sue and be sued, complain, and defend in its corporate name; 32
188	188	(2) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a 33
189	189	facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly 34
190	190
191	191
192	192	LC001716 - Page 6 of 21
193	193	distinguishable from the seal of any city or town; 1
194	194	(3) To maintain an office at a place or places that it may designate within the boundaries 2
195	195	of the city or town whose council established the corporation; 3
196	196	(4) To determine the location and character of any project to be financed under the 4
197	197	provisions of this chapter, not inconsistent with local zoning ordinances; 5
198	198	(5) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, 6
199	199	or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to 7
200	200	mortgage, lease, or sell any of that property; 8
201	201	(6) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, 9
202	202	reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, 10
203	203	including all real, personal, or mixed properties which it may deem necessary in connection with 11
204	204	that, and regardless of whether or not the project or projects shall then be in existence or shall then 12
205	205	be partially or wholly constructed; 13
206	206	(7) To lease, as lessor, to any person, firm, partnership, or corporation, either public or 14
207	207	private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease 15
208	208	upon the failure of the lessee to comply with any of the obligations of the lease; 16
209	209	(8) To lease, as lessee, any property, real, personal or mixed, or any interest in property; 17
210	210	(9) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever 18
211	211	it finds an action to be in furtherance of the purposes for which the corporation was established; 19
212	212	(10) To grant options to purchase any of its projects on whatever terms it may deem 20
213	213	advisable, and to grant options to renew any leases entered into by it in connection with any of its 21
214	214	projects on any terms it may deem advisable; 22
215	215	(11) To issue bonds of the corporation for the purpose of carrying out any of its purposes, 23
216	216	payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, 24
217	217	all as provided in this chapter; 25
218	218	(12) As security for the payment of the principal and interest on any bonds so issued and 26
219	219	any agreements made in connection with that, to mortgage and pledge any or all of its projects, or 27
220	220	any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and 28
221	221	receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of 29
222	222	the lease or leases; 30
223	223	(13) To borrow money in anticipation of the issuance of bonds for any of its purposes, and 31
224	224	to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized 32
225	225	by resolution of the corporation; 33
226	226	(14) To make and enter into all contracts, leases, and other agreements necessary or 34
227	227
228	228
229	229	LC001716 - Page 7 of 21
230	230	incidental to the performance of its duties and the execution of its powers under this chapter; 1
231	231	provided, that those contracts, leases, and other agreements with the federal government or other 2
232	232	federal agency are governed by federal procurement procedures, and other contracts, leases, or 3
233	233	other agreements are governed by the procurement requirements of the municipality, if any. 4
234	234	(15) Without limitation of the preceding, to borrow money from, to receive and accept 5
235	235	grants for or in aid of construction or acquisition of projects authorized under this chapter from, 6
236	236	and to enter into contracts, leases, or other transactions with, the federal government or any federal 7
237	237	agency; and to receive and accept from the state or any municipality, and from any other source, 8
238	238	aid or contributions of money, property, labor, or other things of value; to be held, used, and applied 9
239	239	only for the purposes for which the grants and contributions may be made; 10
240	240	(16) To combine for financing purposes any two (2) or more projects authorized to be 11
241	241	acquired or constructed under the provisions of this chapter; 12
242	242	(17) To employ, in its discretion, attorneys, accountants, architectural and engineering 13
243	243	consultants, and other officers, employees, or agents as may be necessary in its judgment, and to 14
244	244	fix their compensation; 15
245	245	(18) To acquire in the name of the corporation by purchase or otherwise, on terms and 16
246	246	conditions and in the manner that it may deem proper, or by the exercise of the rights of 17
247	247	condemnation in the manner provided in § 45-54-9, public or private lands, or parts of them or 18
248	248	rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary 19
249	249	for carrying out the provisions of this chapter; provided, that all public property damaged in 20
250	250	carrying out the powers granted by this chapter is restored or repaired and placed in its original 21
251	251	condition as nearly as practicable; 22
252	252	(19) To do all other acts and to do any and all things necessary or convenient to carry out 23
253	253	its purposes and exercise the powers given and granted in this chapter; 24
254	254	(20) To provide for the care, custody, control and transportation of all detainees or inmates 25
255	255	committed to detention or incarceration at any project and to take all necessary steps to maintain 26
256	256	security, safety and order, to prevent escapes from any project, to take all necessary precautions to 27
257	257	prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but 28
258	258	not limited to, the development, planning and coordination of emergency riot procedures, and take 29
259	259	suitable measures for the restoration of order; 30
260	260	(21) To establish and enforce standards for each project; 31
261	261	(22) To establish and fund training and education programs for employees, under the 32
262	262	direction of the warden, the curriculum for which to be approved annually by the police officers' 33
263	263	commission on standards and training, and to hire, promote, transfer, assign, and retain employees 34
264	264
265	265
266	266	LC001716 - Page 8 of 21
267	267	for the operation of each project and suspend, demote, discharge, or take other necessary 1
268	268	disciplinary action with regard to such employees; 2
269	269	(23) To determine the methods, means, and personnel by which the operation of each 3
270	270	project is to be conducted; 4
271	271	(24) To relieve employees of duty because of lack of work or for other legitimate reasons; 5
272	272	(25) To investigate grievances of its employees and to inquire into alleged misconduct by 6
273	273	employees; 7
274	274	(26) To make and promulgate necessary rules and regulations incident to the corporation's 8
275	275	exercise of its powers and the performance of the corporation's duties, including, but not limited 9
276	276	to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious 10
277	277	services, communication and visiting privileges, classification, education, training, employment, 11
278	278	care, and custody for all persons detained at any project; and 12
279	279	(27) To delegate any or all of the above referenced powers to its duly designated agents, 13
280	280	servants, consultants or employees at its discretion, who being so designated may exercise said 14
281	281	power(s) on behalf of the corporation. 15
282	282	45-54-7. Exemption from taxation. 16
283	283	The exercise of the powers granted by this chapter will be in all respects for the benefit of 17
284	284	the people of the state and for the facilitation of the conduct of their public business, and as the 18
285	285	acquisition, construction, operation, and maintenance by the corporation of the projects defined in 19
286	286	this chapter will constitute the performance of essential governmental functions, the corporation is 20
287	287	not required to pay any taxes or assessments upon the projects or upon any property acquired, or 21
288	288	upon the income from the projects, or any other state or local tax of any kind or description, nor is 22
289	289	the corporation required to pay any recording fee or transfer tax of any kind or description, and the 23
290	290	bonds, issued under the provisions of this chapter, their transfer, and the income from them 24
291	291	(including any profit made on the sale) at all time free from taxation by the state, or any political 25
292	292	subdivision or other instrumentality of the state, excepting estate taxes, and the corporation shall 26
293	293	pay property taxes and assessments on its properties located outside the boundaries of the city or 27
294	294	town whose council established the corporation. 28
295	295	45-54-8. Acquisition and construction of projects -- Lease or sale -- Conveyance to 29
296	296	corporation -- Request for project. 30
297	297	(a) In order to benefit the people of the municipality and to provide for their general health 31
298	298	and welfare through economic development, and to maintain the high standards of a detention 32
299	299	facility and public equipment, the corporation is authorized and empowered to acquire and 33
300	300	construct a detention facility and to acquire public equipment; and to maintain, renovate, repair, 34
301	301
302	302
303	303	LC001716 - Page 9 of 21
304	304	and operate the detention facility and equipment; and to issue revenue bonds of the corporation, 1
305	305	payable from the revenues derived from the leasing of these projects, to finance the projects. 2
306	306	Development of these projects may be initiated by the corporation only upon request of the chief 3
307	307	executive officer, if any, and the city or town council. Any request by the chief executive officer 4
308	308	and the council to initiate a project pursuant to this chapter shall take the form of a proposal by the 5
309	309	chief executive officer approved by the council. If there is no chief executive officer, development 6
310	310	of these projects may be initiated by the corporation only upon the request of the city or town 7
311	311	council. Any request by the city or town council to initiate a project pursuant to this chapter shall 8
312	312	take the form of a resolution. The chief executive officer, if any, or a member of the council 9
313	313	designated by the council, if there is no chief executive officer, is authorized to enter into a contract 10
314	314	of lease for and on behalf of the city or town with the corporation for the leasing of any duly initiated 11
315	315	projects, upon terms and conditions, that are agreed to by the chief executive officer, if any, or the 12
316	316	council, if there is no chief executive officer, and the corporation. 13
317	317	(b) Without limiting the generality of the preceding, the corporation is expressly 14
318	318	empowered to lease or sell a project or any part of it to the municipality. Any lease by the 15
319	319	corporation to the municipality may be for any period, upon terms and conditions, with or without 16
320	320	an option to purchase, that the corporation may determine. 17
321	321	(c) The provisions of any charter, other law, or ordinance, general, special, or local, or of 18
322	322	any rule or regulation of the state or any municipality, restricting or regulating in any manner the 19
323	323	power of any municipality to lease (as lessee or lessor) or sell property, real, personal, or mixed, 20
324	324	do not apply to leases and sales made with the corporation pursuant to this chapter. 21
325	325	(d) Any municipality, notwithstanding any contrary provision of any charter, other law, or 22
326	326	ordinance, general, special or local, or of any rule or regulation of the state or any municipality, is 23
327	327	authorized and empowered to lease, lend, pledge, grant, or convey to the corporation at its request, 24
328	328	upon terms and conditions that the chief executive officer, if any, with the concurrence of the 25
329	329	council, or where no officer exists, the city or town council of the municipality, may deem 26
330	330	reasonable and fair, and without the necessity for any advertisement, order of court, or other action 27
331	331	or formality, any real property or personal property which may be necessary or convenient to 28
332	332	effectuation of the authorized purposes of the corporation, including public roads and other real 29
333	333	property already devoted to public use; and, subject to the aforesaid, the city or town consents to 30
334	334	the use of all lands owned by the city or town which are deemed by the corporation to be necessary 31
335	335	for the construction or operation of any project. 32
336	336	(e) The corporation and any municipality are authorized and empowered to contract for the 33
337	337	acquisition of any projects or portions of them by the federal government; and to contract with any 34
338	338
339	339
340	340	LC001716 - Page 10 of 21
341	341	state, federal, or municipal agency for the performance of any services essential or convenient to 1
342	342	its purposes under this chapter. 2
343	343	45-54-9. Eminent domain proceedings. 3
344	344	(a) The corporation has the right to acquire any land, or any interest in it, including 4
345	345	development rights, by the exercise of the power of eminent domain, whenever it is determined by 5
346	346	the corporation that the acquisition of the land, or interest, is necessary for the construction or the 6
347	347	operation of any project. 7
348	348	(b) The power of eminent domain shall be exercised only within the boundaries of the city 8
349	349	or town whose council established the corporation. 9
350	350	(c) The necessity for acquisition is conclusively presumed upon the adoption by the 10
351	351	corporation of a resolution declaring that the acquisition of the land, or interest in it, described in 11
352	352	the resolution is necessary for the construction or operation of any project. Within six (6) months 12
353	353	thereafter, the corporation shall cause to be filed, in the land evidence records of the city or town 13
354	354	in which the land is located, a copy of the resolution of the corporation, together with a plat of the 14
355	355	land, or interest in it described, and a statement signed by the chairperson of the corporation, that 15
356	356	the land, or interest in it, is taken pursuant to the provisions of this chapter. Thereupon, the 16
357	357	corporation shall file, in the superior court in and for the county in which the land, or interest in it, 17
358	358	lies, a statement of the sum of money estimated by the corporation to be just compensation for the 18
359	359	land taken. 19
360	360	(d) Upon filing of the copy of the resolution, plat, and statement in the land evidence 20
361	361	records of the city or town, the filing, in the superior court, of the statement, and the depositing in 21
362	362	the superior court, to the use of the person entitled to it, of such a sum as the court determines to 22
363	363	be amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in 23
364	364	its discretion, take evidence on the question to determine the sum to be deposited), title to the land, 24
365	365	or interest in it, shall vest in the corporation in fee simple absolute and the corporation thereupon 25
366	366	may take possession of the land, or interest in it. 26
367	367	(e) No sum so paid into the court shall be charged with clerk's fees of any nature. After the 27
368	368	filing of the copy, plat, and statement, notice of the taking of the land, or interest in it, shall be 28
369	369	served upon the owners of and persons having an estate in and interest in the land by the sheriff or 29
370	370	the sheriff's deputies of the county in which the land, or interest in it, lies, leaving a true and attested 30
371	371	copy of the description and statement with each of the persons personally, or at their last and usual 31
372	372	place of abode in this state with some person living there, and in case any of the persons are absent 32
373	373	from this state and have no last and usual place of abode in this state occupied by any person, the 33
374	374	copy shall be left with the persons, if any, in charge of or having possession of the land, or interest 34
375	375
376	376
377	377	LC001716 - Page 11 of 21
378	378	in it, taken of the absent persons if the persons are known to the officer; and after the filing of the 1
379	379	resolution, plat, and statement, the secretary of the corporation shall cause a copy of the resolution 2
380	380	and statement to be published in some newspaper published or having general circulation in the 3
381	381	county where the land, or interest in it, may be located, at least once a week for three (3) successive 4
382	382	weeks. If any persons agree with the corporation for the price of land, or interest in it, so taken, the 5
383	383	court, upon the application of the parties in interest, may order that the sum agreed upon be paid 6
384	384	immediately from the money deposited, as the just compensation to be awarded in the proceeding. 7
385	385	(f) Any owner of or person entitled to any estate in or interest in any part of the land, or 8
386	386	interest in it, so taken, who cannot agree with the corporation for the price of the land, or interest 9
387	387	in it, so taken, in which he or she is interested, may, within three (3) months after personal notice 10
388	388	of the taking, or, if he or she has no personal notice, within one year from the first publication of 11
389	389	the copy of the resolution and statement, apply, by petition, to the superior court in and for the 12
390	390	county in which the land, or interest in it, lies, setting forth the taking of his or her land or interest 13
391	391	in it, and praying for an assessment of damages by a jury. Upon the filing of the petition, the court 14
392	392	shall cause twenty (20)days' notice of the pendency of the petition to be given to the corporation 15
393	393	with a certified copy, and may proceed after the notice to the trial; and the trial shall determine all 16
394	394	questions of fact relating to the value of the land, or interest in it, and the amount and judgment 17
395	395	shall be entered upon the verdict of the jury and execution shall be issued against the money so 18
396	396	deposited in court and in default against any other property of the corporation. In case two (2) or 19
397	397	more conflicting petitioners make claim to the same land, or to any interests in it, or to different 20
398	398	interests in the same parcel of land, the court, upon motion, shall consolidate their several petitions 21
399	399	for trial at the same time by the same jury, and may frame all necessary issues for the trial; and all 22
400	400	proceedings taken pursuant to the provisions of this chapter shall take precedence over all other 23
401	401	civil matters then pending before the court, or if the superior court, in and for the county in which 24
402	402	the land, or interest in it, lies, is not in session in that county, then the proceedings may be heard in 25
403	403	the superior court for the counties of Providence and Bristol. 26
404	404	(g) If any lands, or interests in them, in which any minor, or other person not capable in 27
405	405	law to act in his or her own behalf, is interested are taken by the corporation under the provisions 28
406	406	of this chapter, the superior court, upon the filing of any petition by or in behalf of the minor or 29
407	407	other person, may appoint a guardian ad litem for the minor or other person, and the guardian may 30
408	408	appear and be heard in behalf of the minor or other person, and the guardian may also, with the 31
409	409	advice and consent of the superior court and upon those terms that the superior court may prescribe, 32
410	410	release to the corporation all claims for damages for the lands of the minor or other persons, or for 33
411	411	any interest in them. Any lawfully appointed, qualified, and acting guardian or other fiduciary of 34
412	412
413	413
414	414	LC001716 - Page 12 of 21
415	415	the estate of any minor or other person, with the approval of the court of probate within this state 1
416	416	having jurisdiction to authorize the sale of lands and properties within this state of any minor or 2
417	417	other person, may, before the filing of any petition, agree with the corporation upon the amount of 3
418	418	damages suffered by the minor or other person by any taking of his or her lands or of his or her 4
419	419	interests in any lands, and may, upon receiving that amount, release to the corporation all claims of 5
420	420	damages of the minor or other person for the taking. 6
421	421	(h) Whenever, from time to time, the corporation has satisfied the court that the amount 7
422	422	deposited with the court is greater than is amply sufficient to satisfy the claims of all persons 8
423	423	interested in the land, the court may order that the amount of any excess, including any interest or 9
424	424	increment on any sums so deposited, shall be repaid to the corporation. Whenever the corporation 10
425	425	has satisfied the court that the claims of all persons interested in the land taken have been satisfied, 11
426	426	the unexpended balance, including any interest or increment on any sums so deposited, shall 12
427	427	immediately be paid to the corporation. 13
428	428	(i) In any proceedings for the assessment of compensation and damages for land or interest 14
429	429	in it taken or to be taken by eminent domain by the corporation, the following provision is 15
430	430	applicable: At any time during the pendency of any action or proceeding, the corporation or an 16
431	431	owner may apply to the court for an order directing an owner or the corporation, as the case may 17
432	432	be, to show cause why further proceedings should not be expedited, and the court may upon that 18
433	433	application make an order requiring that the hearings proceed and that any other steps be taken with 19
434	434	all possible expedition. 20
435	435	(j) If any of the land, or interest therein, is devoted to a public use, it may be acquired, and 21
436	436	the taking is effective, provided that no land, or interest in it, belonging to a public utilities 22
437	437	administrator or other officer or tribunal having regulatory power over a public utility is taken. Any 23
438	438	land, or interest in it, already acquired by the corporation may nevertheless be included within the 24
439	439	taking for the purpose of acquiring any outstanding interests in the land. 25
440	440	45-54-10. Revenue bonds. 26
441	441	(a) The corporation is authorized to provide by resolution for the issuance, at one time or 27
442	442	from time to time, of revenue bonds of the corporation for the purpose of paying all or part of the 28
443	443	cost of any one or more projects, the construction or acquisition of which is authorized by this 29
444	444	chapter. The principal of and the interest on the bonds are payable from the funds provided for 30
445	445	payment. The bonds of each issue shall be dated, bear interest at the rate or rates that the corporation 31
446	446	determines, payable from time to time, shall mature at a time or times not exceeding fifty (50) years 32
447	447	from their date or dates, as may be determined by the corporation, and may be redeemable before 33
448	448	maturity, at the option of the corporation, at the price or prices and under terms and conditions that 34
449	449
450	450
451	451	LC001716 - Page 13 of 21
452	452	may be fixed by the corporation prior to the issuance of the bonds. The corporation shall determine 1
453	453	the form of the bonds, including any interest coupons to be attached to them, and shall fix the 2
454	454	denomination or denominations of the bonds and the place or places of payment of the principal 3
455	455	and interest, which may be at any bank or trust company within or without the state. The bonds 4
456	456	shall be signed by the chairperson of the corporation, or a facsimile of the signature shall be 5
457	457	impressed or imprinted on the bonds and attested by the manual or facsimile signature of the 6
458	458	secretary of the corporation, and any coupons attached to the bonds shall bear the facsimile 7
459	459	signature of the chairperson of the corporation. In case any officer whose signature, or the facsimile 8
460	460	of whose signature, appears on any bonds or coupons ceases to be an officer before the delivery of 9
461	461	the bonds, the signature or the facsimile is nevertheless valid and sufficient for all purposes, the 10
462	462	same as if he or she had remained in office until the delivery. The bonds may be issued in coupon 11
463	463	or in registered form, or both, as the corporation may determine, and provision may be made for 12
464	464	the registration of any coupon bonds as to principal alone and, also, as to both principal and interest, 13
465	465	for the reconversion into coupon bonds of any bonds registered and coupon bonds. The corporation 14
466	466	may sell bonds in a manner, either at public or private sale, and for a price, as it may determine will 15
467	467	best effect the purpose of this chapter. 16
468	468	(b) The proceeds of the bonds of each issue shall be used for the payment of the cost of the 17
469	469	project or projects for which the bonds have been issued, and shall be disbursed in a manner and 18
470	470	under restrictions, if any, that the corporation may provide in the resolution authorizing the issuance 19
471	471	of the bonds or in the trust agreement securing the bonds. If the proceeds of the bonds of any issue, 20
472	472	by error of estimates or otherwise, are less than the cost, additional bonds may in like manner be 21
473	473	issued to provide the amount of the deficit, and, unless otherwise provided in the resolution 22
474	474	authorizing the issuance of the bonds or in the trust agreement securing the bonds, are deemed to 23
475	475	be of the same issue and shall be entitled to payment from the same fund without preference of 24
476	476	priority of the bonds first issued. If the proceeds of the bonds of any issue exceed the cost, the 25
477	477	surplus shall be deposited to the credit of the sinking fund for the bonds or may be applied to the 26
478	478	payment of the cost of any project thereafter financed under the provisions of this chapter. 27
479	479	(c) Prior to the preparation of definitive bonds, the corporation may, under like restrictions, 28
480	480	issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive 29
481	481	bonds when definitive bonds have been executed and are available for delivery. The corporation 30
482	482	may also provide for the replacement of any bonds which become mutilated or are destroyed or 31
483	483	lost. Bonds may be issued under the provisions of this chapter without obtaining the consent of any 32
484	484	department, division, commission, board, bureau, or agency of the state, and without any other 33
485	485	proceedings or the happening of any other conditions or things, other than those proceedings, 34
486	486
487	487
488	488	LC001716 - Page 14 of 21
489	489	conditions, or things which are specifically required by this chapter. 1
490	490	45-54-11. Trust agreement. 2
491	491	In the discretion of the corporation, any bonds issued under the provisions of this chapter 3
492	492	may be secured by a trust agreement by and between the corporation and a corporate trustee, which 4
493	493	may be any trust company or bank having the powers of a trust company within or without the 5
494	494	state. The trust agreement or the resolution providing for the issuance of the bonds may pledge or 6
495	495	assign the revenues to be received and may convey, or mortgage or grant, a security interest in any 7
496	496	project or any part of it or any combination of projects or parts of them. The trust agreement or 8
497	497	resolution providing for the issuance of the bonds may contain provisions for protecting and 9
498	498	enforcing the rights and remedies of the bondholders or noteholders as may be reasonable and 10
499	499	proper and not in violation of law, including: covenants establishing the duties of the corporation 11
500	500	in relation to the acquisition of property and the construction, improvement, maintenance, repair, 12
501	501	operation, and insurance of the project or projects in connection with which the bonds have been 13
502	502	authorized, and in relation to the custody, safeguarding, and application of all moneys; and 14
503	503	conditions or limitations with respect to the issuance of additional bonds. It is lawful for any bank 15
504	504	or trust company incorporated under the laws of the state which may act as depository of the 16
505	505	proceeds of bonds or of revenues to furnish indemnifying bonds or to pledge those securities that 17
506	506	may be required by the corporation. Any trust agreement may establish the rights and remedies of 18
507	507	the bondholders and of the trustee, and may restrict the individual right of action by bondholders. 19
508	508	In addition to the preceding, any trust agreement or resolution may contain any other provisions 20
509	509	that the corporation may deem reasonable and proper for the security of the bondholders. All 21
510	510	expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated 22
511	511	as a part of the corporation's cost of operation and maintenance. 23
512	512	45-54-12. Revenues. 24
513	513	(a) The corporation is authorized and empowered to fix, revise, and collect from time to 25
514	514	time, subject to the provisions of this chapter, fees, rentals, and other charges for the use of projects 26
515	515	of, or the services rendered by the corporation to pay: 27
516	516	(1) The cost of maintaining, repairing, and operating the project or projects or portion or 28
517	517	portions of them; and 29
518	518	(2) The principal of, premium, if any, and interest on the bonds and notes as the bonds and 30
519	519	notes become due and payable, and to create reserves for these purposes. 31
520	520	(b) The fees, rentals, and other charges are not subject to supervision or regulation by any 32
521	521	commission, board, bureau, or agency of the state or of any municipality or other political 33
522	522	subdivision of the state. 34
523	523
524	524
525	525	LC001716 - Page 15 of 21
526	526	(c) The revenues derived from the project or projects or portion or portions of them, in 1
527	527	connection with which the bonds or notes have been issued, may be pledged as provided in the 2
528	528	resolution or the trust agreement. The pledge is valid and binding from the time when the pledge is 3
529	529	made; the rentals, revenues, or other moneys so pledged and thereafter received by the corporation 4
530	530	are immediately subject to the lien of the pledge without any physical delivery or further act, and 5
531	531	the lien of any pledge is valid and binding against all parties having claims of any kind in tort, 6
532	532	contract, or otherwise against the corporation, whether the parties have notice of claims. Neither 7
533	533	the resolution nor any trust agreement by which a pledge is created need be filed or recorded except 8
534	534	in the records of the corporation. 9
535	535	(d) The use and disposition of revenues is subject to the provisions of the resolution 10
536	536	authorizing the issuance of the bonds, or of the trust agreement. 11
537	537	45-54-13. Trust funds. 12
538	538	All moneys received pursuant to the provisions of this chapter, whether as proceeds from 13
539	539	the sale of bonds or as revenues, are deemed to be trust funds, to be held and applied as may be 14
540	540	provided in the resolution authorizing the issuance of the bonds or the trust agreement securing the 15
541	541	bonds. The corporation shall, in the resolution authorizing the bonds or in the trust agreement 16
542	542	securing the bonds, provide for the payment of the proceeds of the sale of the bonds and the 17
543	543	revenues to be received to a trustee, which is any trust company or bank having the powers of a 18
544	544	trust company within or without the state, which acts as trustee of the bonds, and holds and applies 19
545	545	the funds to the purposes of this chapter, subject to regulations that this chapter and the resolution 20
546	546	or trust agreement may provide. 21
547	547	45-54-14. Remedies. 22
548	548	Any holder of bonds issued under the provisions of this chapter, or of any of the coupons 23
549	549	appertaining to the bonds, and the trustee under the trust agreement or the resolution, except to the 24
550	550	extent the rights given by this chapter may be restricted by the trust agreement or the resolution, 25
551	551	may, by civil action, mandamus, or other proceeding, protect and enforce any and all rights under 26
552	552	the laws of the state or granted under this chapter, or under the trust agreement or the resolution 27
553	553	authorizing the issuance of the bonds, and may enforce and compel the performance of all duties 28
554	554	required by this chapter or by the trust agreement or resolution to be performed by the corporation 29
555	555	or by any officer of the corporation, including the fixing, charging, and collection of fees, rentals, 30
556	556	and other charges. 31
557	557	45-54-15. Negotiable instruments. 32
558	558	Notwithstanding any of the preceding provisions of this chapter or any recitals in any bonds 33
559	559	issued under the provisions of this chapter, all bonds are deemed to be negotiable instruments under 34
560	560
561	561
562	562	LC001716 - Page 16 of 21
563	563	the laws of this state. 1
564	564	45-54-16. Refunding bonds. 2
565	565	The corporation is authorized to provide for the issuance of refunding bonds of the 3
566	566	corporation for the purpose of refunding any bonds then outstanding which have been issued under 4
567	567	the provisions of this chapter, including the payment of any redemption premium thereon or interest 5
568	568	accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the 6
569	569	bonds and, if deemed advisable by the authority, for the additional purpose of paying all or part of 7
570	570	the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any project. The 8
571	571	proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be 9
572	572	applied, in the discretion of the corporation, to the purchase, retirement at maturity, or redemption 10
573	573	of the outstanding bonds or notes either on their earliest or a subsequent redemption date, and may, 11
574	574	pending that application, be placed in escrow. Any escrowed proceeds may be invested and 12
575	575	reinvested in obligations of or guaranteed by the United States of America, or in certificates of 13
576	576	deposit, time deposits, or repurchase agreements fully secured or guaranteed by the state or the 14
577	577	United States, or an instrumentality of either, maturing at the time or times appropriate to assure 15
578	578	the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding 16
579	579	bonds or notes to be so refunded. After the terms of the escrow have been fully satisfied and carried 17
580	580	out, any balance of the proceeds, and interest, income, and profits, if any, earned or realized on the 18
581	581	investments, may be returned to the corporation for use by it in furtherance of its purposes. The 19
582	582	portion of the proceeds of bonds or notes issued for the additional purpose of paying all or part of 20
583	583	the cost of acquiring, constructing, reconstructing, rehabilitating, developing, or improving any 21
584	584	project may be invested and reinvested in obligations, securities, and other investments consistent 22
585	585	herewith, that are specified in the resolutions under which the bonds are authorized, and which shall 23
586	586	mature not later than the times when the proceeds will be needed for these purposes. The interest, 24
587	587	income, and profits, if any, earned or realized on the investments may be applied to the payment of 25
588	588	all parts of the costs, or may be used by the corporation in furtherance of its purposes. The issuance 26
589	589	of the bonds, the maturities, and other details, the rights of the holders, and the rights, duties, and 27
590	590	obligations of the corporation in respect to all of the above shall be governed by the provisions of 28
591	591	this chapter insofar as the provisions may be applicable. 29
592	592	45-54-17. Credit of state and political subdivisions not pledged. 30
593	593	(a) Revenue bonds issued under the provisions of this chapter are not deemed to constitute 31
594	594	a debt or a pledge of the faith and credit of the state or the municipality, but are payable solely from 32
595	595	the funds provided from revenues. All revenue bonds shall contain on the face a statement to the 33
596	596	effect that neither the state nor the municipality nor the corporation is obligated to pay the bonds 34
597	597
598	598
599	599	LC001716 - Page 17 of 21
600	600	or their interest except from the revenues of the project or projects on account of which the bonds 1
601	601	are issued, and that neither the faith and credit nor the taxing power of the state or the municipality 2
602	602	is pledged to the payment of the principal of or the interest on the bonds. 3
603	603	(b) All expenses incurred in carrying out the provisions of this chapter are payable solely 4
604	604	from the funds provided under the provisions of this chapter. 5
605	605	45-54-18. Use of projects. 6
606	606	The use of the facilities of the corporation and the operation of its business are subject to 7
607	607	the rules and regulations from time to time adopted by the corporation; provided, that the 8
608	608	corporation is not authorized to do anything which will impair the security of the holders of the 9
609	609	obligations of the corporation or violate any agreements with them or for their benefit. 10
610	610	45-54-19. Capital reserves. 11
611	611	To assure the continued operation and solvency of the corporation for the carrying out of 12
612	612	its corporate purposes, the corporation may create and establish one or more special funds (referred 13
613	613	to as "capital reserve funds" in this chapter), and may pay into each capital reserve fund: 14
614	614	(1) Any monies appropriated and made available by the state for the purpose of the fund; 15
615	615	(2) Proceeds from the sale of notes or bonds to the extent provided in the resolution or 16
616	616	resolutions of the corporation authorizing their issuance; and 17
617	617	(3) Any other moneys that may be made available to the corporation, for the purpose of the 18
618	618	fund, from any other source. 19
619	619	45-54-20. Bonds eligible for investment. 20
620	620	The notes and bonds of the corporation are securities in which all public officers and bodies 21
621	621	of this state and all municipalities and municipal subdivisions, all insurance companies and 22
622	622	associations, and other persons carrying on an insurance business, all banks, bankers, trust 23
623	623	companies, savings banks, and saving associations, including savings and loan associations, 24
624	624	building and loan associations, investment companies, and other persons carrying on a banking 25
625	625	business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other 26
626	626	persons whatsoever who are now or may hereafter be authorized to invest in bonds or other 27
627	627	obligations of the state, may properly and legally invest funds, including capital, in their control or 28
628	628	belonging to them. 29
629	629	45-54-21. Limitation of powers. 30
630	630	The state pledges to and agrees with the holders of any bonds or notes issued by the 31
631	631	corporation, that the state will not limit or alter the rights vested in the corporation to fulfill the 32
632	632	terms of any agreements made with the holders until those bonds or notes, together with their 33
633	633	interest, with interest on any unpaid installments of interest, and all costs and expenses in 34
634	634
635	635
636	636	LC001716 - Page 18 of 21
637	637	connection with any action or proceeding by or on behalf of the holders, are fully met and 1
638	638	discharged. The corporation is authorized to include this pledge and agreement of the state in any 2
639	639	agreement with the holders of the bonds or notes. 3
640	640	45-54-22. Annual report and audit. 4
641	641	Within one hundred twenty (120) days from the close of its fiscal year, the corporation 5
642	642	shall make an annual report to the chief executive officer and legislative body of the municipality 6
643	643	of its activities for the preceding fiscal year. Each report shall present a complete operating and 7
644	644	financial statement covering its operations during the year. The corporation shall cause an annual 8
645	645	audit of the books, records, and accounts of the corporation to be made and the costs shall be treated 9
646	646	as a part of the cost of operation. 10
647	647	45-54-23. Transfers to governmental body. 11
648	648	When all bonds issued under the provisions of the chapter for each specific project and 12
649	649	their interest have been paid, or a sufficient amount for the payment of all the bonds and their 13
650	650	interest to the maturity of the bonds have been set aside in trust for the benefit of the bondholders, 14
651	651	the specific project financed under the provisions of this chapter may be transferred to the 15
652	652	municipality leasing the project on terms and conditions and for consideration that the corporation 16
653	653	determines. If the corporation is dissolved, all funds of the corporation not required for the payment 17
654	654	of bonds shall be paid to the treasurer of the municipality in which the corporation is established 18
655	655	for the use of the municipality, and all property belonging to the corporation shall be vested in the 19
656	656	municipality and delivered to it. No part of the net earnings of the authority shall be distributed to, 20
657	657	or inure to the benefit of, any private person. 21
658	658	45-54-24. Applicability of other laws. 22
659	659	This chapter shall be construed to provide a complete additional and alternative method for 23
660	660	doing the things authorized hereby and shall be regarded as supplemental and in addition to the 24
661	661	powers conferred by other laws. The issuance of all bonds, notes, and other obligations of the 25
662	662	corporation under the provisions of this chapter need not comply with the requirements of any other 26
663	663	provision of any charter or other law, general, special or local, or of any rule or regulation of the 27
664	664	state or the municipality applicable to the issuance of bonds. No proceedings or notice or approval 28
665	665	are required for the issuance of any bonds, or any instrument of security for them, except as 29
666	666	provided in this chapter. 30
667	667	45-54-25. Liberal construction. 31
668	668	This chapter, being necessary for the welfare of the state and its inhabitants, shall be 32
669	669	liberally construed to effectuate its purposes. 33
670	670	45-54-26. Inconsistent provisions. 34
671	671
672	672
673	673	LC001716 - Page 19 of 21
674	674	Insofar as the provisions of this chapter are inconsistent with the provisions of any charter 1
675	675	or other law or ordinance, general, special, or local, or of any rule or regulation of the state or any 2
676	676	municipality, the provisions of this chapter are controlling. 3
677	677	45-54-27. Severability. 4
678	678	If any one or more sections, clauses, sentences, or parts of this chapter shall, for any reason, 5
679	679	be adjudged unconstitutional or otherwise invalid in any court, that judgment shall not affect, 6
680	680	impair, or invalidate the remaining provisions, but shall be confined in its operation to the specific 7
681	681	provisions so held unconstitutional or invalid; and the inapplicability or invalidity of any section, 8
682	682	clause, or provision of this chapter in any one or more instances or circumstances shall not be taken 9
683	683	to affect or prejudice in any way its applicability or validity in any other instance. 10
684	684	45-54-28. Construction. 11
685	685	Whenever the context permits in this chapter, the use of the plural includes the singular 12
686	686	and the plural, and the use of any gender is deemed to include all genders. 13
687	687	SECTION 2. Title 13 of the General Laws entitled "CRIMINALS - CORRECTIONAL 14
688	688	INSTITUTIONS" is hereby amended by adding thereto the following chapter: 15
689	689	CHAPTER 14 16
690	690	PRIVATELY OWNED AND OPERATED DETENTION FACILITIES 17
691	691	13-14-1. Prohibition of privately owned and operated detention facilities. 18
692	692	(a) Effective January 1, 2024, the department of corrections or any other law enforcement 19
693	693	agency shall not enter into a contract with a private, for-profit prison facility located in or outside 20
694	694	of the state to provide housing for state prison inmates. 21
695	695	(b) Effective January 1, 2024, the department of corrections or any other law enforcement 22
696	696	agency shall not renew an existing contract with a private, for-profit prison facility located in or 23
697	697	outside of the state to incarcerate state prison inmates. 24
698	698	(c) A state prison inmate or other person under the jurisdiction of the department of 25
699	699	corrections shall not be incarcerated in a private, for-profit prison facility after December 31, 2030. 26
700	700	(d) As used in this section, “private, for-profit prison facility” does not include a facility 27
701	701	that is privately owned, but is leased and operated by the department of corrections or any other 28
702	702	law enforcement agency. 29
703	703	(e) Notwithstanding subsections (a) and (b) of this section, the department of corrections 30
704	704	may renew or extend a contract with a private, for-profit facility to provide housing for state prison 31
705	705	inmates in order to comply with the requirements of any court-ordered population cap. 32
706	706	(f) This section shall not apply to the following: 33
707	707	(1) Any facility providing rehabilitative, counseling, treatment, mental health, educational 34
708	708
709	709
710	710	LC001716 - Page 20 of 21
711	711	or medical services to a juvenile that is under the jurisdiction of the juvenile court; 1
712	712	(2) Any facility providing evaluation or treatment services to a person who has been 2
713	713	detained, or is subject to an order of commitment by a court; 3
714	714	(3) Any facility providing educational, vocational, medical, or other ancillary services to 4
715	715	an inmate in the custody of, or under the direct supervision of, the department of corrections or any 5
716	716	other law enforcement agency; 6
717	717	(4) A residential care facility; 7
718	718	(5) Any school facility used for the disciplinary detention of a pupil; 8
719	719	(6) Any facility used for the quarantine or isolation of persons for public health; 9
720	720	(7) Any facility used for the temporary detention of a person detained or arrested by a 10
721	721	merchant, private security guard, or other private person; or 11
722	722	(8) A private detention facility that is operating pursuant to a valid contract, not to include 12
723	723	any extensions made to or authorized by that contract. 13
724	724	13-14-2. Severability. 14
725	725	If any one or more sections, clauses, sentences, or parts of this chapter shall, for any reason, 15
726	726	be adjudged unconstitutional or otherwise invalid in any court, that judgment shall not affect, 16
727	727	impair, or invalidate the remaining provisions, but shall be confined in its operation to the specific 17
728	728	provisions so held unconstitutional or invalid; and the inapplicability or invalidity of any section, 18
729	729	clause, or provision of this chapter in any one or more instances or circumstances shall not be taken 19
730	730	to affect or prejudice in any way its applicability or validity in any other instance. 20
731	731	SECTION 3. This act shall take effect upon passage. 21
732	732	========
733	733	LC001716
734	734	========
735	735
736	736
737	737	LC001716 - Page 21 of 21
738	738	EXPLANATION
739	739	BY THE LEGISLATIVE COUNCIL
740	740	OF
741	741	A N A C T
742	742	RELATING TO TOWNS AN D CITIES -- MUNICIPAL DETENTION FACILITY
743	743	CORPORATIONS
744	744	***
745	745	This act would repeal the municipal detention facility corporations and prohibit the 1
746	746	operation of private detention facilities and private public partnerships within the state. Those 2
747	747	currently in operation may continue to do so until December 31, 2030. 3
748	748	This act would take effect upon passage. 4
749	749	========
750	750	LC001716
751	751	========