2023 -- S 0894
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LC002653
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO CRIMINALS --CORRECTIONAL INSTITUTIONS -- PROTECTION
AGAINST RETALIATION ACT
Introduced By: Senator Tiara T. Mack
Date Introduced: March 30, 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 2.1 3
PROTECTION AGAINST RETALIATION ACT 4
13-2.1-1. Definitions. 5
As used in this chapter: 6
(1) “Applicable person” means any person that is currently or has previously been in prison 7
or on probation or parole. 8
(2) “Political speech” means any spoken or written communication that relates specifically 9
to the passage of a law or a municipal, state, or federal election. 10
(3) “Private records” means any records not considered public pursuant to § 38-2-2. 11
(4) “Punishment” means any sanction, punishment, or act of discipline imposed by an 12
employee of the department of corrections including, but not limited to, violation of parole or 13
probation, restricting a previously granted privilege, incarceration, extension of a probation, parole, 14
or prison sentence, sentencing to disciplinary confinement, or reduction of “good time” days in 15
prison. 16
(5) “Threaten” means any action which would make a reasonable person believe that they 17
will be punished for political speech. 18
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13-2.1-2. Retaliation is forbidden. 1
It is expressly forbidden for any employee of the department of corrections to punish or 2
threaten any applicable person because of political speech, either by taking action solely because 3
of the political speech or by increasing that punishment due to this political speech. 4
13-2.1-3. Retaliatory release of private information is forbidden. 5
(a) It is expressly forbidden for any employee of the department of corrections to release 6
private records of any applicable person without written authorization by the department of 7
corrections wholly or partially due to the political speech of that applicable person. 8
(b) Nothing in this section shall be construed to restrict or limit the rights provided in 9
chapter 33 of title 9. 10
13-2.1-4. Declaratory judgment. 11
(a) Any person may bring an action for declaratory judgment in the superior court of 12
Providence County, when it is alleged that the department of corrections or an officer thereof failed 13
to perform a duty enjoined upon it by this chapter, or acted in violation of lawful procedure as 14
required by this chapter 15
(b) A declaratory judgment may be rendered whether or not the plaintiff has requested the 16
agency to pass upon the validity or applicability of the rule in question. 17
SECTION 2. This act shall take effect upon passage. 18
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINALS --CORRECTIONAL INSTITUTIONS -- PROTECTION
AGAINST RETALIATION ACT
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This act would prohibit any employee of the department of corrections from punishing or 1
threatening any person that is currently or has previously been in prison or on probation or parole 2
because of this person’s political speech. 3
This act would take effect upon passage. 4
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LC002653
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