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5 | 5 | | 2023 -- H 6180 |
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6 | 6 | | ======== |
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7 | 7 | | LC002572 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT-- CORRECTIONS DEPARTME NT |
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16 | 16 | | Introduced By: Representatives Felix, Batista, Craven, McEntee, Knight, Hull, Tanzi, |
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17 | 17 | | Slater, Shallcross Smith, and Ajello |
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18 | 18 | | Date Introduced: March 22, 2023 |
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19 | 19 | | Referred To: House Judiciary |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 42-56-38.1 of the General Laws in Chapter 42-56 entitled 1 |
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24 | 24 | | "Corrections Department" is hereby repealed. 2 |
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25 | 25 | | 42-56-38.1. Prisoner telephone use. 3 |
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26 | 26 | | (a) When an inmate requests and receives a list of parties approved to receive telephone 4 |
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27 | 27 | | calls, the inmate shall be provided the option of using either a debit or collect call system to place 5 |
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28 | 28 | | such calls. Under the debit system, either the cost of such service shall be automatically deducted 6 |
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29 | 29 | | from the account maintained by the inmate for that purpose, or the inmate shall set aside money 7 |
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30 | 30 | | from his/her account to be placed in a prepaid telephone account. 8 |
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31 | 31 | | (b) No telephone service provider shall charge a customer rate for calls made from a prison 9 |
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32 | 32 | | in excess of rates charged for comparable calls made in non-prison settings. All rates shall reflect 10 |
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33 | 33 | | the lowest reasonable cost to inmates and call recipients. 11 |
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34 | 34 | | (c) No concessions agreements for inmate telephone calling services shall include 12 |
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35 | 35 | | provisions for a commission payable to the state, nor shall any correctional institution impose a 13 |
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36 | 36 | | surcharge for telephone usage by inmates in addition to the charges imposed by the telephone 14 |
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37 | 37 | | service provider. 15 |
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38 | 38 | | SECTION 2. Chapter 42-56 of the General Laws entitled "Corrections Department" is 16 |
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39 | 39 | | hereby amended by adding thereto the following section: 17 |
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40 | 40 | | 42-56-38.3. Prisoner telephone use -- Communication with people confined to 18 |
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41 | 41 | | correctional facilities. 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002572 - Page 2 of 3 |
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45 | 45 | | (a) When an inmate requests and receives a list of parties approved to receive telephone 1 |
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46 | 46 | | calls, the department of corrections of any agency charged with the operation and management of 2 |
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47 | 47 | | state prisons, local jail cells maintained by any local or state law enforcement agency and youth 3 |
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48 | 48 | | residential placements or detention centers shall provide persons in their custody and confined in a 4 |
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49 | 49 | | correctional or detention facility, or held by any law enforcement agency pending an initial court 5 |
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50 | 50 | | appearance, with voice communication service. The department of corrections or other agency may 6 |
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51 | 51 | | supplement voice communication service with other communication services, including, but not 7 |
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52 | 52 | | limited to, video communication and electronic mail or messaging services. To the extent that such 8 |
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53 | 53 | | voice communication service or any other communication service is provided, which shall not be 9 |
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54 | 54 | | limited beyond program participation and routine facility procedures, each such service shall be 10 |
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55 | 55 | | provided free of charge to the person initiating and the person receiving the communication. 11 |
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56 | 56 | | (b) The department of corrections, including all adult and juvenile facilities, in order to 12 |
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57 | 57 | | facilitate and accomplish the purposes of this section, shall maintain at a minimum the greater of: 13 |
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58 | 58 | | (1) A ten (10) to one ratio of persons in custody to operable voice communication 14 |
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59 | 59 | | devices/telephones in each housing unit; or 15 |
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60 | 60 | | (2) At least two (2) voice communication devices/telephones in each housing unit. 16 |
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61 | 61 | | (c) Neither the department of corrections or any agency charged with the operation and 17 |
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62 | 62 | | management of state prisons, or local jail cells maintained by any local or state law enforcement 18 |
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63 | 63 | | agency or youth residential placements or detention centers, shall receive revenue from the 19 |
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64 | 64 | | provision of voice communication services or any other communication services to any person 20 |
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65 | 65 | | confined in any correctional facility, local jail cell or youth residential placement or detention 21 |
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66 | 66 | | center. 22 |
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67 | 67 | | (d) The department of corrections or any agency charged with the operation and 23 |
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68 | 68 | | management of state prisons or youth residential placements or detention centers shall provide 24 |
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69 | 69 | | persons in their custody and confined in their facilities with in-person contact visits. 25 |
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70 | 70 | | SECTION 3. This act shall take effect upon passage. 26 |
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71 | 71 | | ======== |
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72 | 72 | | LC002572 |
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74 | 74 | | |
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75 | 75 | | |
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76 | 76 | | LC002572 - Page 3 of 3 |
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77 | 77 | | EXPLANATION |
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78 | 78 | | BY THE LEGISLATIVE COUNCIL |
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79 | 79 | | OF |
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80 | 80 | | A N A C T |
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81 | 81 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTME NT |
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82 | 82 | | *** |
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83 | 83 | | This act repeals provisions which allow for the department of corrections to charge inmates 1 |
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84 | 84 | | for phone calls and require the department of corrections to provide free communication services 2 |
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85 | 85 | | to inmates and juveniles held in residential placement or detention centers and would require that 3 |
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86 | 86 | | those facilities provide in-person contact visits. 4 |
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87 | 87 | | This act would take effect upon passage. 5 |
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88 | 88 | | ======== |
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89 | 89 | | LC002572 |
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