2023 -- S 0646
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LC002273
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PRIVATELY OWNED
AND OPERATED DETENTI ON FACILITIES
Introduced By: Senators McKenney, Kallman, Burke, Lauria, Tikoian, and DiMario
Date Introduced: March 07, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Title 13 of the General Laws entitled "CRIMINALS - CORRECTIONAL 1
INSTITUTIONS" is hereby amended by adding thereto the following chapter: 2
CHAPTER 14 3
PRIVATELY OWNED AND OPERATED DETENTION FACILITIES 4
13-14-1. Definitions. 5
As used in this chapter, the following terms have the following meanings: 6
(1) "Department of corrections" means a department within the executive branch of state 7
government established pursuant to the provisions of § 42-56-2; 8
(2) "Detention facility" means land, buildings, or improvements used for the purposes of 9
detaining prisoners; 10
(3) "Municipal detention facility" means existing detention facilities established pursuant 11
to the provisions of chapter 54 of title 45; 12
(4) "Operate" means to own, lease, manage, control or otherwise have any ownership or 13
leasehold interest therein, including pursuant to a contract, of a private detention facility; 14
(5) "Person" shall have the same meaning as defined in § 44-18-6; 15
(6) "Privately owned" means and includes all individuals, incorporated companies, co-16
partnerships, business entities, or associations having any title or interest in any property, rights, 17
easements, or franchises that are not the state, a municipality, political subdivision, or a public 18
LC002273 - Page 2 of 3
agency or instrumentality; 1
(7) "Private detention facility" means a detention facility that is operated by a private, 2
nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a 3
governmental entity. 4
13-14-2. Prohibition. 5
A person shall not operate a private detention facility within the state; provided, however, 6
that any privately owned property or facility that is leased and operated by the department of 7
corrections or other law enforcement agency, operating pursuant to a valid contract with a 8
governmental entity that was in effect before January 1, 2023, may continue to operate for the 9
duration of that contract, and any extensions made to or authorized by that contract, until January 10
1, 2031. 11
SECTION 2. This act shall take effect upon passage. 12
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LC002273 - Page 3 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PRIVATELY OWNED
AND OPERATED DETENTI ON FACILITIES
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This act would prohibit the operation of privately run detention facilities. Those currently 1
in operation may continue to do so until January 1, 2031. 2
This act would take effect upon passage. 3
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LC002273
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