Rhode Island 2023 Regular Session

Rhode Island House Bill H6180 Compare Versions

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55 2023 -- H 6180
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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-- CORRECTIONS DEPARTME NT
1616 Introduced By: Representatives Felix, Batista, Craven, McEntee, Knight, Hull, Tanzi,
1717 Slater, Shallcross Smith, and Ajello
1818 Date Introduced: March 22, 2023
1919 Referred To: House Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 42-56-38.1 of the General Laws in Chapter 42-56 entitled 1
2424 "Corrections Department" is hereby repealed. 2
2525 42-56-38.1. Prisoner telephone use. 3
2626 (a) When an inmate requests and receives a list of parties approved to receive telephone 4
2727 calls, the inmate shall be provided the option of using either a debit or collect call system to place 5
2828 such calls. Under the debit system, either the cost of such service shall be automatically deducted 6
2929 from the account maintained by the inmate for that purpose, or the inmate shall set aside money 7
3030 from his/her account to be placed in a prepaid telephone account. 8
3131 (b) No telephone service provider shall charge a customer rate for calls made from a prison 9
3232 in excess of rates charged for comparable calls made in non-prison settings. All rates shall reflect 10
3333 the lowest reasonable cost to inmates and call recipients. 11
3434 (c) No concessions agreements for inmate telephone calling services shall include 12
3535 provisions for a commission payable to the state, nor shall any correctional institution impose a 13
3636 surcharge for telephone usage by inmates in addition to the charges imposed by the telephone 14
3737 service provider. 15
3838 SECTION 2. Chapter 42-56 of the General Laws entitled "Corrections Department" is 16
3939 hereby amended by adding thereto the following section: 17
4040 42-56-38.3. Prisoner telephone use -- Communication with people confined to 18
4141 correctional facilities. 19
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4545 (a) When an inmate requests and receives a list of parties approved to receive telephone 1
4646 calls, the department of corrections of any agency charged with the operation and management of 2
4747 state prisons, local jail cells maintained by any local or state law enforcement agency and youth 3
4848 residential placements or detention centers shall provide persons in their custody and confined in a 4
4949 correctional or detention facility, or held by any law enforcement agency pending an initial court 5
5050 appearance, with voice communication service. The department of corrections or other agency may 6
5151 supplement voice communication service with other communication services, including, but not 7
5252 limited to, video communication and electronic mail or messaging services. To the extent that such 8
5353 voice communication service or any other communication service is provided, which shall not be 9
5454 limited beyond program participation and routine facility procedures, each such service shall be 10
5555 provided free of charge to the person initiating and the person receiving the communication. 11
5656 (b) The department of corrections, including all adult and juvenile facilities, in order to 12
5757 facilitate and accomplish the purposes of this section, shall maintain at a minimum the greater of: 13
5858 (1) A ten (10) to one ratio of persons in custody to operable voice communication 14
5959 devices/telephones in each housing unit; or 15
6060 (2) At least two (2) voice communication devices/telephones in each housing unit. 16
6161 (c) Neither the department of corrections or any agency charged with the operation and 17
6262 management of state prisons, or local jail cells maintained by any local or state law enforcement 18
6363 agency or youth residential placements or detention centers, shall receive revenue from the 19
6464 provision of voice communication services or any other communication services to any person 20
6565 confined in any correctional facility, local jail cell or youth residential placement or detention 21
6666 center. 22
6767 (d) The department of corrections or any agency charged with the operation and 23
6868 management of state prisons or youth residential placements or detention centers shall provide 24
6969 persons in their custody and confined in their facilities with in-person contact visits. 25
7070 SECTION 3. This act shall take effect upon passage. 26
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7777 EXPLANATION
7878 BY THE LEGISLATIVE COUNCIL
7979 OF
8080 A N A C T
8181 RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTME NT
8282 ***
8383 This act repeals provisions which allow for the department of corrections to charge inmates 1
8484 for phone calls and require the department of corrections to provide free communication services 2
8585 to inmates and juveniles held in residential placement or detention centers and would require that 3
8686 those facilities provide in-person contact visits. 4
8787 This act would take effect upon passage. 5
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