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| 5 | 5 | | 2023 -- S 0646 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002273 |
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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 CRIMINALS--CORRECTIONAL INSTITUTIONS -- PRIVATELY OWNED |
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| 16 | 16 | | AND OPERATED DETENTI ON FACILITIES |
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| 17 | 17 | | Introduced By: Senators McKenney, Kallman, Burke, Lauria, Tikoian, and DiMario |
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| 18 | 18 | | Date Introduced: March 07, 2023 |
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| 19 | 19 | | Referred To: Senate 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. Title 13 of the General Laws entitled "CRIMINALS - CORRECTIONAL 1 |
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| 24 | 24 | | INSTITUTIONS" is hereby amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 14 3 |
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| 26 | 26 | | PRIVATELY OWNED AND OPERATED DETENTION FACILITIES 4 |
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| 27 | 27 | | 13-14-1. Definitions. 5 |
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| 28 | 28 | | As used in this chapter, the following terms have the following meanings: 6 |
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| 29 | 29 | | (1) "Department of corrections" means a department within the executive branch of state 7 |
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| 30 | 30 | | government established pursuant to the provisions of § 42-56-2; 8 |
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| 31 | 31 | | (2) "Detention facility" means land, buildings, or improvements used for the purposes of 9 |
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| 32 | 32 | | detaining prisoners; 10 |
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| 33 | 33 | | (3) "Municipal detention facility" means existing detention facilities established pursuant 11 |
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| 34 | 34 | | to the provisions of chapter 54 of title 45; 12 |
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| 35 | 35 | | (4) "Operate" means to own, lease, manage, control or otherwise have any ownership or 13 |
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| 36 | 36 | | leasehold interest therein, including pursuant to a contract, of a private detention facility; 14 |
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| 37 | 37 | | (5) "Person" shall have the same meaning as defined in § 44-18-6; 15 |
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| 38 | 38 | | (6) "Privately owned" means and includes all individuals, incorporated companies, co-16 |
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| 39 | 39 | | partnerships, business entities, or associations having any title or interest in any property, rights, 17 |
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| 40 | 40 | | easements, or franchises that are not the state, a municipality, political subdivision, or a public 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002273 - Page 2 of 3 |
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| 44 | 44 | | agency or instrumentality; 1 |
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| 45 | 45 | | (7) "Private detention facility" means a detention facility that is operated by a private, 2 |
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| 46 | 46 | | nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a 3 |
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| 47 | 47 | | governmental entity. 4 |
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| 48 | 48 | | 13-14-2. Prohibition. 5 |
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| 49 | 49 | | A person shall not operate a private detention facility within the state; provided, however, 6 |
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| 50 | 50 | | that any privately owned property or facility that is leased and operated by the department of 7 |
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| 51 | 51 | | corrections or other law enforcement agency, operating pursuant to a valid contract with a 8 |
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| 52 | 52 | | governmental entity that was in effect before January 1, 2023, may continue to operate for the 9 |
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| 53 | 53 | | duration of that contract, and any extensions made to or authorized by that contract, until January 10 |
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| 54 | 54 | | 1, 2031. 11 |
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| 55 | 55 | | SECTION 2. This act shall take effect upon passage. 12 |
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| 57 | 57 | | LC002273 |
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| 60 | 60 | | |
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| 61 | 61 | | LC002273 - Page 3 of 3 |
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| 62 | 62 | | EXPLANATION |
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| 63 | 63 | | BY THE LEGISLATIVE COUNCIL |
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| 64 | 64 | | OF |
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| 65 | 65 | | A N A C T |
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| 66 | 66 | | RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PRIVATELY OWNED |
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| 67 | 67 | | AND OPERATED DETENTI ON FACILITIES |
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| 68 | 68 | | *** |
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| 69 | 69 | | This act would prohibit the operation of privately run detention facilities. Those currently 1 |
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| 70 | 70 | | in operation may continue to do so until January 1, 2031. 2 |
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| 71 | 71 | | This act would take effect upon passage. 3 |
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| 73 | 73 | | LC002273 |
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