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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5297 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000649 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT |
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| 16 | 16 | | Introduced By: Representatives Perez, Felix, Hull, J. Lombardi, Fellela, DeSimone, |
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| 17 | 17 | | Batista, Diaz, Bennett, and Morales |
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| 18 | 18 | | Date Introduced: February 05, 2025 |
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| 19 | 19 | | Referred To: House 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. Chapter 42-56 of the General Laws entitled "Corrections Department" is 1 |
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| 24 | 24 | | hereby amended by adding thereto the following section: 2 |
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| 25 | 25 | | 42-56-43. Conjugal visits. 3 |
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| 26 | 26 | | (a) Conditions of conjugal visits. 4 |
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| 27 | 27 | | (1) Conjugal visits for persons incarcerated at state correctional facilities shall not be 5 |
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| 28 | 28 | | recorded or monitored by video surveillance. 6 |
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| 29 | 29 | | (2) The exchange of contraband during conjugal visits is strictly prohibited and shall result 7 |
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| 30 | 30 | | in disciplinary action against both the inmate and the visitor involved. 8 |
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| 31 | 31 | | (3) Conjugal visits shall have a maximum duration of four (4) hours. 9 |
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| 32 | 32 | | (4) An inmate may have up to six (6) conjugal visits per year. 10 |
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| 33 | 33 | | (5) The warden or other building director of the state correctional facility: 11 |
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| 34 | 34 | | (i) Shall have the discretion to suspend conjugal visits; provided that, the inmate is awarded 12 |
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| 35 | 35 | | at least one conjugal visit per calendar year, except as provided otherwise in this section; and 13 |
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| 36 | 36 | | (ii) May deem an inmate a danger to themselves or others, and upon making that 14 |
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| 37 | 37 | | determination, may entirely suspend conjugal visits during a calendar year. 15 |
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| 38 | 38 | | (b) Scheduling of conjugal visits. 16 |
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| 39 | 39 | | (1) To schedule a conjugal visit, a person shall adhere to the visitation rules and procedures 17 |
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| 40 | 40 | | established by the department of corrections. This process shall include, at a minimum: 18 |
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| 41 | 41 | | (i) Registering in the inmate visitation system and including a copy of a marriage certificate 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000649 - Page 2 of 3 |
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| 45 | 45 | | showing the person requesting the visit is married to the incarcerated person for whom the visit is 1 |
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| 46 | 46 | | requested; 2 |
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| 47 | 47 | | (ii) Submitting a visitor registration form; 3 |
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| 48 | 48 | | (iii) Confirming the visit with the specific state correctional facility; and 4 |
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| 49 | 49 | | (iv) Following the rules and procedures for visitation in the specific correctional facility. 5 |
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| 50 | 50 | | (c) Implementation: 6 |
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| 51 | 51 | | (1) The department of corrections shall promulgate and enforce rules and regulations 7 |
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| 52 | 52 | | governing conjugal visits within the state's correctional facilities to administer and implement the 8 |
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| 53 | 53 | | provisions of this section. 9 |
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| 54 | 54 | | (2) The department shall provide guidance and training to correctional facility staff 10 |
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| 55 | 55 | | regarding the implementation of conjugal visitation policies and procedures at state correctional 11 |
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| 56 | 56 | | facilities. 12 |
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| 57 | 57 | | SECTION 2. This act shall take effect on January 1, 2026. 13 |
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| 58 | 58 | | ======== |
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| 59 | 59 | | LC000649 |
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| 60 | 60 | | ======== |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | LC000649 - Page 3 of 3 |
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| 64 | 64 | | EXPLANATION |
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| 65 | 65 | | BY THE LEGISLATIVE COUNCIL |
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| 66 | 66 | | OF |
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| 67 | 67 | | A N A C T |
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| 68 | 68 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS DEPARTMENT |
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| 69 | 69 | | *** |
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| 70 | 70 | | This act would set standards and procedures to allow and implement conjugal visitation at 1 |
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| 71 | 71 | | state correctional facilities. This act also directs the department of corrections to establish and 2 |
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| 72 | 72 | | enforce rules and regulations governing conjugal visits. 3 |
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| 73 | 73 | | This act would take effect on January 1, 2026. 4 |
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| 74 | 74 | | ======== |
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| 75 | 75 | | LC000649 |
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| 76 | 76 | | ======== |
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