2014 -- S 2552

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - HOMELESS SHELTERS

     Introduced By: Senators Crowley, Goldin, Cool Rumsey, Metts, and Pichardo

     Date Introduced: February 27, 2014

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 128.3

HOMELESS SHELTERS

     42-128.3-1. Findings. – The general assembly hereby finds and declares: (1) That all

homeless persons have the right to homeless shelter services regardless of political or religious

beliefs, immigration status, former geographic location of residence, ethno-cultural background,

(dis)ability, gender identity, criminal background, and/or sexual orientation;

     (2) That no shelter should charge a fee nor expect and/or require compensation from

clients/residents for any services rendered;

     (3) That homeless shelters should provide an atmosphere of dignity and respect for all

shelter residents, and provide services in a non-judgmental manner;

     (4) That shelter residents are capable of moving toward increasing levels of self-reliance

and self-determination, and shelter staff should work with residents to assist them in achieving

their goals;

     (5) That homeless shelters should be sensitive to the ethno-specific and linguistic needs

of residents;

     (6) That service providers need to accept gender identity as defined by the individual

rather than by the perception of staff and/or other residents;

     (7) That protecting the privacy and confidentiality of shelter residents and their personal

information is of the utmost importance and in accordance with the state's Homeless Bill of

Rights law;

     (8) That all people staying in homeless shelters should have access to safe, nutritious

food;

     (9) That the health and safety of shelter residents, volunteers, and staff is of the highest

importance in each shelter;

     (10) That issuing service restrictions in the shelter system must be done only as a last

resort and in the most serious cases;

     (11) That everyone is entitled to shelter services whether or not they use controlled and/or

addictive substances, and service policies should not be based on controlled and/or addictive

substance use alone, except for those shelters operating on an abstinence or recovery model basis;

     (12) That shelter residents should be involved in service provision, program planning,

development and evaluation, and policy development;

     (13) That homeless shelters that include children and youth should provide supports and

activities, and ensure that the school-related recreation and treatment needs of resident children

are met on site or through community-based services;

     (14) That homeless shelters should afford an opportunity for children and youth with

developmental and/or physical disabilities to develop to their full potential within an environment

where they can interact and socialize with other children;

     (15) That shelters are part of a larger network of homeless services and agencies and

collaboration within this network is important to ensure effective and coordinated services;

     (16) That notification of shelter closure (either emergency or permanent shelter) should

be done as soon as the provider is aware of the potential closure and posted in a common area.

The provider should notify their residents as well as the office of housing and community

development; and

     (17) That all shelters should utilize the Rhode Island homeless information management

system (HMIS) database, and make entries in a timely manner.

     42-128.3-2. Rule making. – The housing resources commission shall establish and

promulgate rules, regulations, and standards for the safe, effective, and proper operation of

homeless shelters for individuals and families in the state pursuant to the provisions of chapter

42-35 (the "Administrative Procedures Act").

     42-128.3-3. Committee - Membership. – To fulfill the mandate in § 42-128.3-2, the

chairperson of the housing resources commission shall appoint a nine (9) member committee to

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draft rules, regulations, and standards for homeless shelters. Members of the committee will be

drawn from the following constituencies or communities of interest: One homeless or formerly

homeless person; two (2) representatives of the Rhode Island homeless advocacy project; One

representative of the Rhode Island coalition for the homeless; Four (4) homeless shelter providers

operating a shelter for individuals or families; and One representative from the Rhode Island

office of housing and community development. The committee shall elect a chairperson or co-

chairpersons from among its membership.

     42-128.3-4. Powers and duties. – (a) The committee shall define the characteristics of a

homeless shelter that will be subject to the rules, regulations, and standards established pursuant

to this chapter.

     (b) The committee will be charged with the formulation of rules, regulations, and

standards to address the following topics and areas of concern:

     (1) Baseline organizational standards that any agency operating a homeless shelter must

meet;

     (2) Access to shelter guidelines, including admission and discharge, bed registration,

substance use, and service restrictions (barrings);

     (3) Resident's rights and responsibilities, including resident input, complaints and

appeals, and grievance procedures;

     (4) Program standards including the provision of essential services, counseling supports,

daytime access, confidentiality, sharing of resident information, safeguarding resident files, and

staff code of conduct;

     (5) Health and safety standards including basic health and safety protocols, the safeguard

of, and access to, resident medication, a policy on weapons, and requirements for staff training on

health and safety issues; and

     (6) Emergency and winter shelter standards including the definition of inclement weather

events, in all seasons, that trigger requirements for homeless shelters to stay open for the

protection of residents.

     (c) Any proposed rules, regulations, or standards shall be subject to the approval process

set forth in § 42-128.3-2.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - HOMELESS SHELTERS

***

     This act would direct the chairperson of the housing resources commission to appoint a

nine (9) member committee to formulate rules, regulations, and standards for the operation and

condition of homeless shelters for consideration and/or adoption by the commissioner.

     This act would take effect upon passage.

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