Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0533 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- S 0533
6	6	========
7	7	LC001643
8	8	========
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. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTIVE CONFINEMENT
16	16	OVERSIGHT ACT
17	17	Introduced By: Senators Acosta, Mack, and Bell
18	18	Date Introduced: February 26, 2025
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
24	24	GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 56.4 3
26	26	RESTRICTIVE CONFINEMENT OVERSIGHT ACT 4
27	27	42-56.4-1. Definitions. 5
28	28	As used in this chapter, unless the context indicates a different meaning or intent: 6
29	29	(1) "Basic necessities" means and includes weather-appropriate clothing and footwear; 7
30	30	adequate food in compliance with medical and religious accommodations, with no more than 8
31	31	twelve (12) hours between meals; access to drinking water and functioning sanitary fixtures; access 9
32	32	to a shower and hygienic items; bedding; and ventilation. 10
33	33	(2) "Cell" means any room, area or space that is primarily used for the confinement of 11
34	34	prisoners; or any room, area or space that is less than four hundred square feet (400 sq. ft), 12
35	35	regardless of use or purpose; or any indoor room that is solely accessible to one prisoner at a time. 13
36	36	Shared spaces whose primary purpose is congregate social interaction, education, programming, 14
37	37	rehabilitation, or physical and psychological wellness, including recreation areas, classrooms, 15
38	38	libraries, and spaces used for medical evaluation and treatment, shall not constitute "cells." 16
39	39	(3) "Department" means the department of corrections. 17
40	40	(4) "Director" means the director of the department of corrections. 18
41	41
42	42
43	43	LC001643 - Page 2 of 9
44	44	(5) "Disciplinary confinement" means confinement of a prisoner based on violation of 1
45	45	departmental rules, whether in the general population, a specialized housing unit, or elsewhere. 2
46	46	(6) "General population" means classification to maximum, medium, or minimum security 3
47	47	with no restrictions placed on activities or privileges. 4
48	48	(7) "Member of a vulnerable population" means someone who: 5
49	49	(i) Has a serious and persistent mental illness, as defined by the department of corrections, 6
50	50	or a psychiatric disability, as defined in § 40.1-5-2; 7
51	51	(ii) Has a developmental disability, as defined in § 40.1-1-8.1; 8
52	52	(iii) Is pregnant, in the postpartum period, or has recently suffered a miscarriage or 9
53	53	terminated a pregnancy; or 10
54	54	(iv) Has a significant auditory or visual impairment, or a serious medical condition that 11
55	55	cannot be adequately treated in restrictive housing or which is medically contraindicated to 12
56	56	placement in restrictive housing. 13
57	57	(8) “Lock down” means a temporary, emergency period within the prison caused by present 14
58	58	danger or lack of staffing. 15
59	59	42-56.4-2. Discipline -- Disciplinary confinement. 16
60	60	(a) All prisoners shall receive a minimum of two (2) hours out of a cell each day, except 17
61	61	that in the case of a facility lockdown, out of cell time can be restricted for no longer than a twenty-18
62	62	four (24)-hour consecutive period of time. 19
63	63	(b) Any prisoner that is not in disciplinary confinement must be provided with three (3) or 20
64	64	more hours of time outside a cell per day with opportunities for meaningful social interaction with 21
65	65	other prisoners. 22
66	66	(c) For every thirty (30) consecutive days, all prisoners must receive at least three (3) hours 23
67	67	of time outside a cell per day with opportunities for meaningful social interaction for at least fifteen 24
68	68	(15) of those thirty (30) days. In no event, shall any prisoner receive fewer than three (3) hours of 25
69	69	time outside of cell for more than fifteen (15) days in any thirty (30) day period. 26
70	70	(d) No prisoners shall be denied access to any basic necessities except if necessary for a 27
71	71	period of no more than twenty-four (24) hours immediately after physically moving to a new 28
72	72	housing module or facility. 29
73	73	42-56.4-3. Reporting. 30
74	74	(a) The department of corrections shall issue a report ("annual restrictive housing report") 31
75	75	to be made publicly available on the department's website one year after the effective date of this 32
76	76	chapter and by January 31 of each year thereafter, containing the following information, broken 33
77	77	down by housing location and inmate status and classification: 34
78	78
79	79
80	80	LC001643 - Page 3 of 9
81	81	(1) The number of prisoners in each status; 1
82	82	(2) The nature of the infractions and behaviors leading to the removal from general 2
83	83	population; 3
84	84	(3) The lengths of terms served outside of general population, including terms served 4
85	85	consecutively and cumulatively; 5
86	86	(4) The races, ethnicities, genders, and religions of all prisoners outside of general 6
87	87	population; 7
88	88	(5) The number of members of a vulnerable population outside of general population, by 8
89	89	category promulgated in the definition thereof listed in § 42-56.4-2; and 9
90	90	(6) The average weekly out-of-cell time provided to prisoners in each category 10
91	91	confinement outside of general population. 11
92	92	(b) The restrictive housing oversight committee, as created in § 42-26-20, may require the 12
93	93	department to publish additional information, in addition to the fields delineated by statute, in the 13
94	94	annual restrictive housing report. 14
95	95	42-56.4-4. Declaratory judgment. 15
96	96	(a) Any prisoner may bring an action for declaratory judgment in the superior court of 16
97	97	Providence county, when it is alleged that: 17
98	98	(1) The department of corrections or an officer thereof failed to perform a duty enjoined 18
99	99	upon it by this chapter, or acted in violation of lawful procedure as required by this chapter; or 19
100	100	(2) A department rule, or its threatened application, interferes with or impairs, or threatens 20
101	101	to interfere with or impair, the legal rights or privileges of the plaintiff under this chapter or the 21
102	102	state or federal Constitution. 22
103	103	(b) A declaratory judgment may be rendered whether or not the plaintiff has requested the 23
104	104	agency to pass upon the validity or applicability of the rule in question. 24
105	105	SECTION 2. Chapter 42-26 of the General Laws entitled "Public Safety Grant 25
106	106	Administration Office" is hereby amended by adding thereto the following section: 26
107	107	42-26-20. Restrictive housing oversight committee. 27
108	108	(a) There is hereby created within the public safety grant administration office, pursuant to 28
109	109	the provisions of § 42-26-7, the restrictive housing oversight committee (the "committee") for the 29
110	110	purpose of monitoring the use of restrictive housing at the department of corrections. 30
111	111	(b) The committee shall consist of the following five (5) members who shall assemble 31
112	112	annually or more often at the call of the chairperson or upon petition of a majority of its members: 32
113	113	(1) One who has been previously sentenced to spend time in restrictive housing, appointed 33
114	114	by the Black, Latino, Indigenous, Asian-American, and Pacific Islander Caucus of the general 34
115	115
116	116
117	117	LC001643 - Page 4 of 9
118	118	assembly; 1
119	119	(2) A designee from a nonprofit organization that has a mission to advance the welfare and 2
120	120	rights of incarcerated people and who has expertise in law and a demonstrated interest in advancing 3
121	121	the rights and welfare of incarcerated persons, appointed by the speaker of the house of 4
122	122	representatives; 5
123	123	(3) A designee of the Rhode Island Chapter of the National Association of Social Workers 6
124	124	who has expertise in the provision of mental health care to incarcerated persons or formerly 7
125	125	incarcerated persons, appointed by the president of the senate; 8
126	126	(4) The Rhode Island public defender, or designee; and 9
127	127	(5) The director of the department of corrections, or designee. 10
128	128	(c) The chair of the committee shall be selected by the members of the committee. 11
129	129	(d) Of the members first appointed to the committee, two (2) members shall serve a term 12
130	130	of two (2) years, two (2) members shall serve a term of one year, and thereafter, members shall 13
131	131	serve a term of two (2) years. Members shall continue to serve until their successor is duly 14
132	132	appointed and qualified. Any vacancy on the oversight committee shall be filled in the same manner 15
133	133	as the original appointment. 16
134	134	(e) The committee shall perform the following functions: 17
135	135	(1) Appoint a restrictive housing ombudsperson (the "ombudsperson") based on whatever 18
136	136	procedure is determined by the committee; 19
137	137	(2) Review and supervise the actions of the ombudsperson; 20
138	138	(3) Meet not less than quarterly to bring matters to the ombudsperson's attention and to 21
139	139	consult on their services, findings and recommendations; and 22
140	140	(4) Convene semiannual public hearings to discuss the ombudsperson's services, findings 23
141	141	and recommendations. 24
142	142	(f) The ombudsperson shall be empowered to: 25
143	143	(1) Receive and investigate complaints related to incarcerated persons' health, safety, 26
144	144	welfare, and rights; 27
145	145	(2) Identify issues within the department of corrections related to restrictive housing; 28
146	146	(3) Ensure compliance with relevant statutes, rules, and policies pertaining to restrictive 29
147	147	housing; 30
148	148	(4) Provide information to inmates, probationers, and parolees, and their families related 31
149	149	to restrictive housing; and 32
150	150	(5) Promote public awareness and understanding of the rights and responsibilities of 33
151	151	individuals in prison and conditions related to restrictive housing. 34
152	152
153	153
154	154	LC001643 - Page 5 of 9
155	155	(g) The ombudsperson shall conduct random biannual inspections of restrictive housing 1
156	156	areas in each facility, including cells, recreation areas, and programming spaces, and shall visit 2
157	157	different facilities on each inspection. Neither the committee nor the ombudsperson shall announce 3
158	158	an inspection to any individual or entity outside of the committee before the inspection occurs. The 4
159	159	department shall ensure full access to the facility, inmates, and staff as part of these inspections 5
160	160	consistent with this section. 6
161	161	(h) All oral and written communications, and records relating to such communications 7
162	162	between a person in the custody of the department of corrections and the ombudsperson or 8
163	163	committee including, but not limited to, the identity of a complainant, the details of the 9
164	164	communications, and the ombudsperson's findings shall be confidential and shall not be disclosed 10
165	165	without the consent of such person, except that the committee or ombudsperson may disclose 11
166	166	without the consent of such person general findings or policy recommendations based on such 12
167	167	communications; provided no individually identifiable information is disclosed. 13
168	168	(i) Notwithstanding any provision of the general laws concerning the confidentiality of 14
169	169	records and information, the ombudsperson shall have access to, including the right to inspect and 15
170	170	copy, any non-privileged records necessary to carry out their responsibilities. 16
171	171	(j) In the performance of the responsibilities provided for in this section, the ombudsperson 17
172	172	may communicate privately with any person in the custody of the department of corrections. Such 18
173	173	communications shall be confidential except as provided in this section. 19
174	174	(k) Members of the committee and ombudsperson shall meet with the governor and the 20
175	175	director of the department of corrections at least two (2) times each year to report on the work and 21
176	176	findings of the committee. 22
177	177	(l) A majority of the members appointed to the committee shall constitute a quorum, which 23
178	178	shall be necessary for the committee to conduct business. A majority vote of the members present 24
179	179	shall be required for action of the committee. 25
180	180	(m) The general assembly shall annually appropriate such sums as it may deem necessary 26
181	181	for the payment of any ombudsperson's salary and for the payment of office expenses and other 27
182	182	actual expenses incurred by the committee or any ombudsperson's in the performance of their 28
183	183	duties; and the state controller is hereby authorized and directed to draw their orders upon the 29
184	184	general treasurer for the payment of such sum or sums, or so much thereof, as may from time to 30
185	185	time be required, upon receipt by them of properly authenticated vouchers approved by any 31
186	186	ombudsperson's or committee. 32
187	187	SECTION 3. Section 42-35-1 of the General Laws in Chapter 42-35 entitled 33
188	188	"Administrative Procedures" is hereby amended to read as follows: 34
189	189
190	190
191	191	LC001643 - Page 6 of 9
192	192	42-35-1. Definitions. 1
193	193	As used in this chapter: 2
194	194	(1) Except as otherwise provided herein, “agency” means a state agency, authority, board, 3
195	195	bureau, commission, department, district, division, institution, office, officer, quasi-public agency, 4
196	196	or other political subdivisions created by the general assembly or the governor, other than the 5
197	197	legislature or the judiciary, that is authorized by law of this state to make rules or to determine 6
198	198	contested cases. 7
199	199	(2) “Agency action” means: 8
200	200	(i) The whole or part of an order or rule; 9
201	201	(ii) The failure to issue an order or rule; or 10
202	202	(iii) An agency’s performing, or failing to perform, a duty, function, or activity or to make 11
203	203	a determination required by law. 12
204	204	(3) “Agency head” means the individual in whom, or one or more members of the body of 13
205	205	individuals in which, the ultimate legal authority of an agency is vested. 14
206	206	(4) “Agency record” means the agency rulemaking record required by § 42-35-2.3. 15
207	207	(5) “Contested case” means a proceeding, including but not restricted to, ratemaking, price 16
208	208	fixing, and licensing, in which the legal rights, duties, or privileges of a specific party are required 17
209	209	by law to be determined by an agency after an opportunity for hearing. 18
210	210	(6) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, 19
211	211	optical, electromagnetic, or similar capabilities. 20
212	212	(7) “Electronic record” means a record created, generated, sent, communicated, received, 21
213	213	or stored by electronic means. 22
214	214	(8) “Final rule” means a rule promulgated under §§ 42-35-2.6 through 42-35-2.9, an 23
215	215	emergency rule promulgated under § 42-35-2.10, or a direct, final rule promulgated under § 42-35-24
216	216	2.11. 25
217	217	(9) “Guidance document” means a record of general applicability developed by an agency 26
218	218	which lacks the force of law but states the agency’s current approach to, or interpretation of, law 27
219	219	or describes how and when the agency will exercise discretionary functions. The term does not 28
220	220	include records described in subdivisions (19)(i), (ii), (iii), or (iv). 29
221	221	(10) “Index” means a searchable list in a record of subjects and titles with page numbers, 30
222	222	hyperlinks, or other connectors that link each index entry to the text to which it refers. 31
223	223	(11) “License” includes the whole or part of any agency permit, certificate, approval, 32
224	224	registration, charter, or similar form of permission required by law, but it does not include a license 33
225	225	required solely for revenue purposes. 34
226	226
227	227
228	228	LC001643 - Page 7 of 9
229	229	(12) “Licensing” includes the agency process respecting the grant, denial, renewal, 1
230	230	revocation, suspension, annulment, withdrawal, or amendment of a license. 2
231	231	(13) “Order” means the whole or a part of a final disposition, whether affirmative, negative, 3
232	232	injunctive, or declaratory in form, of a contested case. 4
233	233	(14) “Party” means each person or agency named or admitted as a party, or properly 5
234	234	seeking and entitled as of right to be admitted as a party. 6
235	235	(15) “Person” means any individual, partnership, corporation, association, the department 7
236	236	of environmental management, governmental subdivision, or public or private organization of any 8
237	237	character other than an agency. 9
238	238	(16) “Promulgate,” with respect to a rule, means the process of writing a new rule, or 10
239	239	amending or repealing an existing rule. “Promulgation” has a corresponding meaning. The process 11
240	240	of “promulgation” begins with the filing of the notice of proposed rulemaking under § 42-35-2.7 12
241	241	and ends upon the effective date of the rule. “Promulgate” also includes the completion of the 13
242	242	rulemaking process for emergency rules (§ 42-35-2.10) or direct final rules (§ 42-35-2.11), if 14
243	243	applicable. 15
244	244	(17) “Reasonable charge” means the lowest, customary charge for a service. 16
245	245	(18) “Record” means information that is inscribed on a tangible medium or that is stored 17
246	246	in an electronic or other medium and is retrievable in perceivable form. 18
247	247	(19) “Rule” means the whole or a part of an agency statement of general applicability that 19
248	248	implements, interprets, or prescribes law or policy or the organization, procedure, or practice 20
249	249	requirements of an agency and has the force of law. The term includes the amendment or repeal of 21
250	250	an existing rule. The term is used interchangeably in this chapter with the term “regulation.” The 22
251	251	term does not include: 23
252	252	(i) A statement that concerns only the internal management of an agency and which does 24
253	253	not affect private rights or procedures available to the public; 25
254	254	(ii) An intergovernmental or interagency memorandum, directive, or communication that 26
255	255	does not affect private rights or procedures available to the public. Individuals under the custody 27
256	256	or supervision of the department of corrections shall be considered members of the public for the 28
257	257	purposes of this chapter, except where disclosure of any rule or portion of a rule would endanger 29
258	258	the public welfare and security, pursuant to § 38-2-2(4)(F); 30
259	259	(iii) An opinion of the attorney general, or an opinion of the ethics commission pursuant to 31
260	260	§ 36-14-11; 32
261	261	(iv) A statement that establishes criteria or guidelines to be used by the staff of an agency 33
262	262	in performing audits, investigations, or inspections, settling commercial disputes, negotiating 34
263	263
264	264
265	265	LC001643 - Page 8 of 9
266	266	commercial arrangements, or defending, prosecuting, or settling cases, if disclosure of the criteria 1
267	267	or guidelines would enable persons violating the law to avoid detection, facilitate disregard of 2
268	268	requirements imposed by law, or give an improper advantage to persons that are in an adverse 3
269	269	position to the state; 4
270	270	(v) A form developed by an agency to implement or interpret agency law or policy; or 5
271	271	(vi) A guidance document. 6
272	272	(20) “Sign” means, with present intent, to authenticate a record: 7
273	273	(i) To execute a tangible symbol; or 8
274	274	(ii) To attach to or logically associate with the record an electronic symbol, sound, or 9
275	275	process. 10
276	276	(21) “Small business” shall have the same meanings that are provided for under 13 C.F.R., 11
277	277	Pt. 121, as may be amended from time to time. 12
278	278	(22) “Small business advocate” means the person appointed by the chief executive officer 13
279	279	of the commerce corporation as provided in § 42-64-34. 14
280	280	(23) “State register” means the publication required under chapter 8.2 of title 42. 15
281	281	(24) “Website” means a website on the internet or other similar technology or successor 16
282	282	technology that permits the public to search a database that archives materials required to be 17
283	283	published or exhibited by the secretary of state or an agency under this chapter. 18
284	284	(25) “Writing” means a record inscribed on a tangible medium. “Written” has a 19
285	285	corresponding meaning. 20
286	286	SECTION 4. This act shall take effect on July 25, 2025. 21
287	287	========
288	288	LC001643
289	289	========
290	290
291	291
292	292	LC001643 - Page 9 of 9
293	293	EXPLANATION
294	294	BY THE LEGISLATIVE COUNCIL
295	295	OF
296	296	A N A C T
297	297	RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTIVE CONFINEMENT
298	298	OVERSIGHT ACT
299	299	***
300	300	This act would establish the restrictive housing oversight committee ("committee") for the 1
301	301	purpose of monitoring the use of restrictive housing ("solitary confinement"), as well as disciplinary 2
302	302	and administrative confinement at the department of corrections. This act would also authorize the 3
303	303	committee to hire an ombudsperson to assist it in its oversight duties. 4
304	304	This act would take effect on July 25, 2025. 5
305	305	========
306	306	LC001643
307	307	========
308	308