Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0894 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0894
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7	7	LC002653
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINALS --CORRECTIONAL INSTITUTIONS -- PROTECTION
16	16	AGAINST RETALIATION ACT
17	17	Introduced By: Senator Tiara T. Mack
18	18	Date Introduced: March 30, 2023
19	19	Referred To: Senate Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 13 of the General Laws entitled "CRIMINALS — CORRECTIONAL 1
24	24	INSTITUTIONS" is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 2.1 3
26	26	PROTECTION AGAINST RETALIATION ACT 4
27	27	13-2.1-1. Definitions. 5
28	28	As used in this chapter: 6
29	29	(1) “Applicable person” means any person that is currently or has previously been in prison 7
30	30	or on probation or parole. 8
31	31	(2) “Political speech” means any spoken or written communication that relates specifically 9
32	32	to the passage of a law or a municipal, state, or federal election. 10
33	33	(3) “Private records” means any records not considered public pursuant to § 38-2-2. 11
34	34	(4) “Punishment” means any sanction, punishment, or act of discipline imposed by an 12
35	35	employee of the department of corrections including, but not limited to, violation of parole or 13
36	36	probation, restricting a previously granted privilege, incarceration, extension of a probation, parole, 14
37	37	or prison sentence, sentencing to disciplinary confinement, or reduction of “good time” days in 15
38	38	prison. 16
39	39	(5) “Threaten” means any action which would make a reasonable person believe that they 17
40	40	will be punished for political speech. 18
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44	44	13-2.1-2. Retaliation is forbidden. 1
45	45	It is expressly forbidden for any employee of the department of corrections to punish or 2
46	46	threaten any applicable person because of political speech, either by taking action solely because 3
47	47	of the political speech or by increasing that punishment due to this political speech. 4
48	48	13-2.1-3. Retaliatory release of private information is forbidden. 5
49	49	(a) It is expressly forbidden for any employee of the department of corrections to release 6
50	50	private records of any applicable person without written authorization by the department of 7
51	51	corrections wholly or partially due to the political speech of that applicable person. 8
52	52	(b) Nothing in this section shall be construed to restrict or limit the rights provided in 9
53	53	chapter 33 of title 9. 10
54	54	13-2.1-4. Declaratory judgment. 11
55	55	(a) Any person may bring an action for declaratory judgment in the superior court of 12
56	56	Providence County, when it is alleged that the department of corrections or an officer thereof failed 13
57	57	to perform a duty enjoined upon it by this chapter, or acted in violation of lawful procedure as 14
58	58	required by this chapter 15
59	59	(b) A declaratory judgment may be rendered whether or not the plaintiff has requested the 16
60	60	agency to pass upon the validity or applicability of the rule in question. 17
61	61	SECTION 2. This act shall take effect upon passage. 18
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68	68	EXPLANATION
69	69	BY THE LEGISLATIVE COUNCIL
70	70	OF
71	71	A N A C T
72	72	RELATING TO CRIMINALS --CORRECTIONAL INSTITUTIONS -- PROTECTION
73	73	AGAINST RETALIATION ACT
74	74	***
75	75	This act would prohibit any employee of the department of corrections from punishing or 1
76	76	threatening any person that is currently or has previously been in prison or on probation or parole 2
77	77	because of this person’s political speech. 3
78	78	This act would take effect upon passage. 4
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