Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0408 Compare Versions

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55 2023 -- S 0408
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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: Senators Acosta, Mack, Kallman, Murray, and Zurier
1818 Date Introduced: February 16, 2023
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department 1
2424 of Administration" is hereby amended to read as follows: 2
2525 42-11-2. Powers and duties of department. 3
2626 The department of administration shall have the following powers and duties: 4
2727 (1) To prepare a budget for the several state departments and agencies, subject to the 5
2828 direction and supervision of the governor; 6
2929 (2) To administer the budget for all state departments and agencies, except as specifically 7
3030 exempted by law; 8
3131 (3) To devise, formulate, promulgate, supervise, and control accounting systems, 9
3232 procedures, and methods for the state departments and agencies, conforming to such accounting 10
3333 standards and methods as are prescribed by law; 11
3434 (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and 12
3535 services needed by state departments and agencies, except as specifically exempted by law; 13
3636 (5) To prescribe standard specifications for those purchases and contracts and to enforce 14
3737 compliance with specifications; 15
3838 (6) To supervise and control the advertising for bids and awards for state purchases; 16
3939 (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus 17
4040 and salvage, and the transfer to or between state departments and agencies of needed supplies, 18
4141
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4444 equipment, and materials; 1
4545 (8) To maintain, equip, and keep in repair the state house, state office building, and other 2
4646 premises owned or rented by the state for the use of any department or agency, excepting those 3
4747 buildings, the control of which is vested by law in some other agency; 4
4848 (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and 5
4949 property, real and personal; 6
5050 (10) To require reports from state agencies on the buildings and property in their custody; 7
5151 (11) To issue regulations to govern the protection and custody of the property of the state; 8
5252 (12) To assign office and storage space and to rent and lease land and buildings for the use 9
5353 of the several state departments and agencies in the manner provided by law; 10
5454 (13) To control and supervise the acquisition, operation, maintenance, repair, and 11
5555 replacement of state-owned motor vehicles by state agencies; 12
5656 (14) To maintain and operate central duplicating and mailing service for the several state 13
5757 departments and agencies; 14
5858 (15) To furnish the several departments and agencies of the state with other essential office 15
5959 services; 16
6060 (16) To survey and examine the administration and operation of the state departments and 17
6161 agencies, submitting to the governor proposals to secure greater administrative efficiency and 18
6262 economy, to minimize the duplication of activities, and to effect a better organization and 19
6363 consolidation of functions among state agencies; 20
6464 (17) To operate a merit system of personnel administration and personnel management as 21
6565 defined in § 36-3-3 in connection with the conditions of employment in all state departments and 22
6666 agencies within the classified service; 23
6767 (18) To assign or reassign, with the approval of the governor, any functions, duties, or 24
6868 powers established by this chapter to any agency within the department; 25
6969 (19) To establish, maintain, and operate a data processing center or centers, approve the 26
7070 acquisition and use of electronic data processing services by state agencies, furnish staff assistance 27
7171 in methods, systems and programming work to other state agencies, and arrange for and effect the 28
7272 centralization and consolidation of punch card and electronic data processing equipment and 29
7373 services in order to obtain maximum utilization and efficiency; 30
7474 (20) To devise, formulate, promulgate, supervise, and control a comprehensive and 31
7575 coordinated statewide information system designed to improve the database used in the 32
7676 management of public resources, to consult and advise with other state departments and agencies 33
7777 and municipalities to assure appropriate and full participation in this system, and to encourage the 34
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8181 participation of the various municipalities of this state in this system by providing technical or other 1
8282 appropriate assistance toward establishing, within those municipalities, compatible information 2
8383 systems in order to obtain the maximum effectiveness in the management of public resources; 3
8484 (i) The comprehensive and coordinated statewide information system may include a Rhode 4
8585 Island geographic information system of land-related economic, physical, cultural and natural 5
8686 resources. 6
8787 (ii) In order to ensure the continuity of the maintenance and functions of the geographic 7
8888 information system, the general assembly may annually appropriate such sum as it may deem 8
8989 necessary to the department of administration for its support; 9
9090 (21) To administer a statewide planning program including planning assistance to the state 10
9191 departments and agencies; 11
9292 (22) To administer a statewide program of photography and photographic services; 12
9393 (23) To negotiate with public or private educational institutions in the state, in cooperation 13
9494 with the department of health, for state support of medical education; 14
9595 (24) To promote the expansion of markets for recovered material and to maximize their 15
9696 return to productive economic use through the purchase of materials and supplies with recycled 16
9797 content by the state of Rhode Island to the fullest extent practically feasible; 17
9898 (25) To approve costs as provided in § 23-19-32; 18
9999 (26) To provide all necessary civil service tests for child protective investigators and social 19
100100 workers at least twice each year and to maintain an adequate hiring list for these positions at all 20
101101 times; 21
102102 (27)(a) To prepare a report every three (3) months by all current property leases or rentals 22
103103 by any state or quasi-state agency to include the following information: 23
104104 (i) Name of lessor; 24
105105 (ii) Description of the lease (purpose, physical characteristics, and location); 25
106106 (iii) Cost of the lease; 26
107107 (iv) Amount paid to date; 27
108108 (v) Date initiated; 28
109109 (vi) Date covered by the lease. 29
110110 (b) To prepare a report by October 31, 2014, of all current property owned by the state or 30
111111 leased by any state agency or quasi-state agency to include the following information: 31
112112 (i) Total square feet for each building or leased space; 32
113113 (ii) Total square feet for each building and space utilized as office space currently; 33
114114 (iii) Location of each building or leased space; 34
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118118 (iv) Ratio and listing of buildings owned by the state versus leased; 1
119119 (v) Total occupancy costs which shall include capital expenses, provided a proxy should 2
120120 be provided to compare properties that are owned versus leased by showing capital expenses on 3
121121 owned properties as a per square foot cost at industry depreciation rates; 4
122122 (vi) Expiration dates of leases; 5
123123 (vii) Number of workstations per building or leased space; 6
124124 (viii) Total square feet divided by number of workstations; 7
125125 (ix) Total number of vacant workstations; 8
126126 (x) Percentage of vacant workstations versus total workstations available; 9
127127 (xi) Date when an action is required by the state to renew or terminate a lease; 10
128128 (xii) Strategic plan for leases commencing or expiring by June 30, 2016; 11
129129 (xiii) Map of all state buildings which provides: cost per square foot to maintain, total 12
130130 number of square feet, total operating cost, date each lease expires, number of persons per building 13
131131 and total number of vacant seats per building; and 14
132132 (xiv) Industry benchmark report which shall include total operating cost by full-time 15
133133 equivalent employee, total operating cost by square foot and total square feet divided by full-time 16
134134 equivalent employee; 17
135135 (28) To prepare a report to the chairs of the house and senate finance committees by 18
136136 December 15, 2021, and each year thereafter of all current property owned by the state or leased 19
137137 by any state agency or quasi-state agency to include the following information: 20
138138 (i) Total square feet for each building or leased space; 21
139139 (ii) Total square feet for each building and space utilized as office space currently; 22
140140 (iii) Location of each building or leased space; 23
141141 (iv) Ratio and listing of buildings owned by the state versus leased; 24
142142 (v) Total occupancy costs which shall include capital expenses, provided a proxy should 25
143143 be provided to compare properties that are owned versus leased by showing capital expenses on 26
144144 owned properties as a per square foot cost at industry depreciation rates; 27
145145 (vi) Expiration dates of leases; 28
146146 (vii) Number of workstations per building or leased space; 29
147147 (viii) Total square feet divided by number of workstations; 30
148148 (ix) Total number of vacant workstations; 31
149149 (x) Percentage of vacant workstations versus total workstations available; 32
150150 (xi) Date when an action is required by the state to renew or terminate a lease; 33
151151 (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each 34
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155155 subsequent year thereafter; 1
156156 (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number 2
157157 of square feet, total operating cost, date each lease expires, number of persons per building and 3
158158 total number of vacant seats per building; and 4
159159 (xiv) Industry benchmark report that shall include total operating cost by full-time 5
160160 equivalent employee, total operating cost by square foot and total square feet divided by full-time 6
161161 equivalent employee; 7
162162 (29) To provide by December 31, 1995, the availability of automatic direct deposit to any 8
163163 recipient of a state benefit payment, provided that the agency responsible for making that payment 9
164164 generates one thousand (1,000) or more such payments each month; 10
165165 (30) To encourage municipalities, school districts, and quasi-public agencies to achieve 11
166166 cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or 12
167167 by entering into collaborative agreements with other municipalities, districts, or agencies. To assist 13
168168 in determining whether the benefit levels including employee cost sharing and unit costs of such 14
169169 benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies 15
170170 as compared with state benefit levels and costs; and 16
171171 (31) To administer a health benefit exchange in accordance with chapter 157 of this title; 17
172172 and 18
173173 (32) No state agency shall enter into any contracts with the U.S. Immigration and Customs 19
174174 Enforcement (ICE) for the purposes of housing and detaining people. 20
175175 SECTION 2. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Corrections 21
176176 Department" is hereby amended to read as follows: 22
177177 42-56-10. Powers of the director. 23
178178 In addition to exercising the powers and performing the duties, which are otherwise given 24
179179 to him or her by law, the director of the department of corrections shall: 25
180180 (1) Designate, establish, maintain, and administer those state correctional facilities that he 26
181181 or she deems necessary, and may discontinue the use of those state correctional facilities that he or 27
182182 she deems appropriate for that action; 28
183183 (2) Maintain security, safety, and order at all state correctional facilities, utilize the 29
184184 resources of the department to prevent escapes from any state correctional facility, take all 30
185185 necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of 31
186186 any state correctional facility, including, but not limited to, the development, planning, and 32
187187 coordination of emergency riot procedures, and take suitable measures for the restoration of order; 33
188188 (3) Establish and enforce standards for all state correctional facilities; 34
189189
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192192 (4) Supervise and/or approve the administration by the assistant directors of the 1
193193 department; 2
194194 (5) Manage, direct, and supervise the operations of the department; 3
195195 (6) Direct employees in the performance of their official duties; 4
196196 (7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge, 5
197197 or take other necessary disciplinary action; 6
198198 (8) Maintain the efficiency of the operations of the department; 7
199199 (9) Determine the methods, means, and personnel by which those operations of the 8
200200 department are to be conducted; 9
201201 (10) Relieve employees from duties because of lack of work or for other legitimate reasons; 10
202202 (11) Establish, maintain, and administer programs, including, but not limited to, education, 11
203203 training, and employment, of persons committed to the custody of the department, designed as far 12
204204 as practicable to prepare and assist each person to assume the responsibilities and exercise the rights 13
205205 of a citizen of this state; 14
206206 (12) Establish a system of classification of persons committed to the custody of the 15
207207 department for the purpose of developing programs for each person in order to effectively develop 16
208208 an individualized program for each sentenced inmate that will address each offender’s individual 17
209209 treatment and rehabilitative needs, the department of corrections is authorized to receive, with the 18
210210 express consent of the inmate, and upon request to the department of children, youth and families, 19
211211 the offender’s juvenile arrest and/or adjudication records. Information related to the juvenile’s 20
212212 family members and other third parties, excluding law enforcement personnel, shall be redacted 21
213213 from the records provided prior to their release to the department. The records will be disclosed to 22
214214 only those department personnel directly responsible for, and only for the purpose of, developing 23
215215 the individualized program for the offender; 24
216216 (13) Determine at the time of commitment, and from time to time thereafter, the custody 25
217217 requirements and program needs of each person committed to the custody of the department and 26
218218 assign or transfer those persons to appropriate facilities and programs; 27
219219 (14) Establish training programs for employees of the department, including the use of an 28
220220 application system for the department’s correctional officer training academy that leverages other 29
221221 law enforcement entity recruiting and the establishment of any fee associated with such system, 30
222222 provided that a state application process compliant with § 28-6.3-1 also be provided; 31
223223 (15) Investigate grievances and inquire into alleged misconduct within the department; 32
224224 (16) Maintain adequate records of persons committed to the custody of the department; 33
225225 (17) Establish and maintain programs of research, statistics, and planning, and conduct 34
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229229 studies relating to correctional programs and responsibilities of the department; 1
230230 (18) Utilize, as far as practicable, the services and resources of specialized community 2
231231 agencies and other local community groups in the development of programs, recruitment of 3
232232 volunteers, and dissemination of information regarding the work and needs of the department; 4
233233 (19) Make and enter into any contracts and agreements necessary or incidental to the 5
234234 performance of the duties and execution of the powers of the department, including, but not limited 6
235235 to, contracts to render services to committed offenders, and to provide for training or education for 7
236236 correctional officers and staff, except that no contracts shall be entered into with a private, for-8
237237 profit prison facility, or with the U.S. Immigration and Customs Enforcement (ICE) for the 9
238238 purposes of housing and detaining people; 10
239239 (20) Seek to develop civic interest in the work of the department and educate the public to 11
240240 the needs and goals of the corrections process; 12
241241 (21) Expend annually in the exercise of his or her powers, performance of his or her duties, 13
242242 and for the necessary operations of the department those sums that may be appropriated by the 14
243243 general assembly; 15
244244 (22) Make and promulgate necessary rules and regulations incident to the exercise of his 16
245245 or her powers and the performance of his or her duties, including, but not limited to, rules and 17
246246 regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, 18
247247 communication, and visiting privileges, classification, education, training, employment, care, and 19
248248 custody for all persons committed to correctional facilities; 20
249249 (23) Make and promulgate regulations to provide: 21
250250 (a) Written notice to licensed nursing facilities, licensed assisted-living residences, and 22
251251 housing for the elderly whenever a person seeking to reside in one of these facilities or residences 23
252252 is being released on parole for any of the following offenses: murder, voluntary manslaughter, 24
253253 involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree 25
254254 sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit 26
255255 specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or 27
256256 mistreatment of patients, burglary, first degree arson, felony larceny, or robbery; 28
257257 (b) A risk assessment process to identify and recommend safety or security measures 29
258258 necessary for the protection of other residents or clients, including whether the parolee should be 30
259259 prohibited from residing in any such facility or residence or segregated from other residents or 31
260260 clients to protect the security and safety of other residents; 32
261261 (c) The written notice to licensed nursing facilities, assisted living residences, or housing 33
262262 for the elderly shall include charge information and disposition about the offense for which the 34
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266266 resident or client has been paroled, contact information for the resident’s or client’s parole 1
267267 supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and 2
268268 security measures. A copy of the written notice shall be provided to the parolee; and 3
269269 (d) A process for notifying the appropriate state regulatory agency and the state long-term 4
270270 care ombudsman whenever notice as required in subsection (23)(a) of this section has been given; 5
271271 (24) Notwithstanding the enumeration of the powers of the director as set forth in this 6
272272 section, and notwithstanding any other provision of the general laws, the validity and enforceability 7
273273 of the provisions of a collective bargaining agreement shall not be contested, affected, or 8
274274 diminished, nor shall any arbitration award be vacated, remanded or set aside on the basis of an 9
275275 alleged conflict with this section or with any other provision of the general laws. 10
276276 SECTION 3. Section 45-2-4 of the General Laws in Chapter 45-2 entitled "General 11
277277 Powers" is hereby amended to read as follows: 12
278278 45-2-4. Power to own property and make contracts. 13
279279 Cities and towns may take, purchase, and hold real and personal property, and alienate and 14
280280 convey the property; and may also take, hold, and manage the property in trust for any charitable, 15
281281 other than religious, uses, and may make all contracts, including lease or lease-purchase agreements 16
282282 of real and personal property, necessary and convenient for the transaction of the business of the 17
283283 city or town except that no contracts shall be entered into with the U.S. Immigration and Customs 18
284284 Enforcement (ICE) for the purposes of housing and detaining people. 19
285285 SECTION 4. Section 45-54-6 of the General Laws in Chapter 45-54 entitled "Municipal 20
286286 Detention Facility Corporations" is hereby amended to read as follows: 21
287287 45-54-6. Powers. 22
288288 Except to the extent inconsistent with any specific provision of this chapter, the corporation 23
289289 has the power: 24
290290 (1) To sue and be sued, complain, and defend in its corporate name; 25
291291 (2) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a 26
292292 facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly 27
293293 distinguishable from the seal of any city or town; 28
294294 (3) To maintain an office at a place or places that it may designate within the boundaries 29
295295 of the city or town whose council established the corporation; 30
296296 (4) To determine the location and character of any project to be financed under the 31
297297 provisions of this chapter, not inconsistent with local zoning ordinances; 32
298298 (5) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, 33
299299 or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to 34
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303303 mortgage, lease, or sell any of that property; 1
304304 (6) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, 2
305305 reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, 3
306306 including all real, personal, or mixed properties which it may deem necessary in connection with 4
307307 that, and regardless of whether or not the project or projects shall then be in existence or shall then 5
308308 be partially or wholly constructed; 6
309309 (7) To lease, as lessor, to any person, firm, partnership, or corporation, either public or 7
310310 private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease 8
311311 upon the failure of the lessee to comply with any of the obligations of the lease; 9
312312 (8) To lease, as lessee, any property, real, personal or mixed, or any interest in property; 10
313313 (9) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever 11
314314 it finds an action to be in furtherance of the purposes for which the corporation was established; 12
315315 (10) To grant options to purchase any of its projects on whatever terms it may deem 13
316316 advisable, and to grant options to renew any leases entered into by it in connection with any of its 14
317317 projects on any terms it may deem advisable; 15
318318 (11) To issue bonds of the corporation for the purpose of carrying out any of its purposes, 16
319319 payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, 17
320320 all as provided in this chapter; 18
321321 (12) As security for the payment of the principal and interest on any bonds so issued and 19
322322 any agreements made in connection with that, to mortgage and pledge any or all of its projects, or 20
323323 any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and 21
324324 receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of 22
325325 the lease or leases; 23
326326 (13) To borrow money in anticipation of the issuance of bonds for any of its purposes, and 24
327327 to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized 25
328328 by resolution of the corporation; 26
329329 (14) To make and enter into all contracts, leases, and other agreements necessary or 27
330330 incidental to the performance of its duties and the execution of its powers under this chapter; 28
331331 provided, that those contracts, leases, and other agreements with the federal government or other 29
332332 federal agency are governed by federal procurement procedures, and other contracts, leases, or 30
333333 other agreements are governed by the procurement requirements of the municipality, if any.; and, 31
334334 provided further, that no contract shall be entered into with a private, for-profit prison facility or 32
335335 with the U.S. Immigration and Customs Enforcement (ICE) for the purposes of housing and 33
336336 detaining people; 34
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340340 (15) Without limitation of the preceding, to borrow money from, to receive and accept 1
341341 grants for or in aid of construction or acquisition of projects authorized under this chapter from, 2
342342 and to enter into contracts, leases, or other transactions with, the federal government or any federal 3
343343 agency; and to receive and accept from the state or any municipality, and from any other source, 4
344344 aid or contributions of money, property, labor, or other things of value; to be held, used, and applied 5
345345 only for the purposes for which the grants and contributions may be made; 6
346346 (16) To combine for financing purposes any two (2) or more projects authorized to be 7
347347 acquired or constructed under the provisions of this chapter; 8
348348 (17) To employ, in its discretion, attorneys, accountants, architectural and engineering 9
349349 consultants, and other officers, employees, or agents as may be necessary in its judgment, and to 10
350350 fix their compensation; 11
351351 (18) To acquire in the name of the corporation by purchase or otherwise, on terms and 12
352352 conditions and in the manner that it may deem proper, or by the exercise of the rights of 13
353353 condemnation in the manner provided in § 45-54-9, public or private lands, or parts of them or 14
354354 rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary 15
355355 for carrying out the provisions of this chapter; provided, that all public property damaged in 16
356356 carrying out the powers granted by this chapter is restored or repaired and placed in its original 17
357357 condition as nearly as practicable; 18
358358 (19) To do all other acts and to do any and all things necessary or convenient to carry out 19
359359 its purposes and exercise the powers given and granted in this chapter; 20
360360 (20) To provide for the care, custody, control and transportation of all detainees or inmates 21
361361 committed to detention or incarceration at any project and to take all necessary steps to maintain 22
362362 security, safety and order, to prevent escapes from any project, to take all necessary precautions to 23
363363 prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but 24
364364 not limited to, the development, planning and coordination of emergency riot procedures, and take 25
365365 suitable measures for the restoration of order; 26
366366 (21) To establish and enforce standards for each project; 27
367367 (22) To establish and fund training and education programs for employees, under the 28
368368 direction of the warden, the curriculum for which to be approved annually by the police officers’ 29
369369 commission on standards and training, and to hire, promote, transfer, assign, and retain employees 30
370370 for the operation of each project and suspend, demote, discharge, or take other necessary 31
371371 disciplinary action with regard to such employees; 32
372372 (23) To determine the methods, means, and personnel by which the operation of each 33
373373 project is to be conducted; 34
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377377 (24) To relieve employees of duty because of lack of work or for other legitimate reasons; 1
378378 (25) To investigate grievances of its employees and to inquire into alleged misconduct by 2
379379 employees; 3
380380 (26) To make and promulgate necessary rules and regulations incident to the corporation’s 4
381381 exercise of its powers and the performance of the corporation’s duties, including, but not limited 5
382382 to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious 6
383383 services, communication and visiting privileges, classification, education, training, employment, 7
384384 care, and custody for all persons detained at any project; and 8
385385 (27) To delegate any or all of the above referenced powers to its duly designated agents, 9
386386 servants, consultants or employees at its discretion, who being so designated may exercise said 10
387387 power(s) on behalf of the corporation. 11
388388 SECTION 5. This act shall take effect upon passage. 12
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395395 EXPLANATION
396396 BY THE LEGISLATIVE COUNCIL
397397 OF
398398 A N A C T
399399 RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
400400 ADMINISTRATION
401401 ***
402402 This act would prohibit contracts with private, for-profit prison facilities or with the U.S. 1
403403 Immigration and Customs Enforcement (ICE) for the purposes of housing and detaining people. 2
404404 This act would take effect upon passage. 3
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