2016 -- H 8206 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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H O U S E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY AND ASSESS THE

USE OF SOLITARY CONFINEMENT IN THE RHODE ISLAND ACI

     Introduced By: Representatives Regunberg, Barros, McEntee, Ajello, and Craven

     Date Introduced: May 12, 2016

     Referred To: House Judiciary

     WHEREAS, Evidence shows unlimited solitary confinement is inhumane and ineffective;

and

     WHEREAS, Subjecting people to solitary confinement without meaningful human

contact, programming, services or therapy often causes deep and permanent psychological,

physical, and developmental harm; and

     WHEREAS, This harm not only violates common values of decency, but also is

counterproductive because people often have more difficulty complying with prison rules after

being placed in solitary confinement; and

     WHEREAS, Solitary confinement can be particularly devastating for certain vulnerable

people, including: the young and elderly pregnant women and persons with disabilities or

histories of addiction and trauma; and

     WHEREAS, The United Nations Special Rapporteur on Torture concluded that solitary

confinement can amount to torture and recommended abolishing its use beyond fifteen days and

prohibiting any use of solitary confinement for vulnerable groups or for the purpose of

punishment; now, therefore be it

     RESOLVED, That a special legislative commission be and the same is hereby created

consisting of nineteen (19) members: three (3) of whom shall be members of the Rhode Island

House of Representatives, not more than two (2) from the same political party, to be appointed by

the Speaker of the House; one of whom shall be the Director of the Rhode Island Department of

Corrections, or designee; one of whom shall be a Rhode Island Department of Corrections staff

member responsible for overseeing mental health services, to be appointed by the Director of the

Rhode Island Department of Corrections; one of whom shall be the President of the Rhode Island

Brotherhood of Correctional Officers (RIBCO), or designee; one of whom shall be a former

administrator of the Rhode Island Department of Corrections, to be appointed by the Speaker; one

of whom shall be a formerly incarcerated individual who has experienced solitary confinement in

Rhode Island, to be appointed by the Speaker; one of whom shall be the Executive Director of

Direct Action for Rights and Equality, or designee; one of whom shall be the Executive Director

of the Institute for the Study and Practice of Nonviolence, or designee; one of whom shall be the

chairperson of the Rhode Island Parole Board, or designee; one of whom shall be the Public

Defender, or designee; one of whom shall be the Rhode Island Mental Health Advocate, or

designee; one of whom shall be the Director of the Rhode Island Department of Health, or

designee; one of whom shall be a co-director of the Center for Prisoner Health and Human

Rights, or designee; one of whom shall be the Executive Director of the Rhode Island

Developmental Disabilities Council, or designee; one of whom shall be the Assistant Director of

Institutions and Operations, or designee; one of whom shall be a former administrator at the

Department of Corrections, designated by the Director of the Department of Corrections; and, one

of whom shall be a psychiatrist, designated by the Department of Corrections Director.

     In lieu of any appointment of a member of the legislature to a permanent advisory

commission, a legislative study commission, or any commission created by a General Assembly

resolution, the appointing authority may appoint a member of the general public to serve in lieu

of a legislator, provided that the majority leader or the minority leader of the political party which

is entitled to the appointment consents to the member of the general public.

     The purpose of said commission shall be to make a comprehensive study and assess the

use of solitary confinement in the Rhode Island ACI, including, but not limited to:

     • Rate and length of solitary confinement sentences;

     • Proportionality between disciplinary offenses and the solitary confinement sentences

they induce;

     • Psychological impact of prolonged solitary confinement on inmates;

     • Public safety implications of prolonged solitary confinement after inmates return to the

community;

     • Extent to which solitary confinement has a particular impact on vulnerable populations,

such as youth, and those with disabilities;

     • Fiscal impact of the current use of solitary confinement;

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     • Extent to which the Department of Corrections' current record-keeping policies on the

use of solitary confinement are adequate to making informed administrative decisions; and

     • Alternatives to and best practices for reducing the use of solitary confinement, as

developed by other jurisdictions, and the extent to which these alternatives impact cost, behavior,

and other outcomes within prison systems.

     Forthwith upon passage of this resolution, the members of the commission shall meet at

the call of the Speaker of the House and organize and shall select a chairperson from among the

legislators.

     Vacancies in said commission shall be filled in like manner as the original appointment.

     The membership of said commission shall receive no compensation for their services.

     All departments and agencies of the state, shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as is deemed necessary or

desirable by the commission to facilitate the purposes of this resolution.

     The Speaker of the House is hereby authorized and directed to provide suitable quarters

for said commission; and be it further

     RESOLVED, That the commission shall report its findings and recommendations to the

House of Representatives no later than January 27, 2017, and said commission shall expire on

March 27, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

H O U S E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY AND ASSESS THE

USE OF SOLITARY CONFINEMENT IN THE RHODE ISLAND ACI

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     This resolution would create a nineteen (19) member special legislative study

commission whose purpose it would be to make a comprehensive study and assess the use of

solitary confinement in the Rhode Island ACI, and who would report back to the House of

Representatives no later than January 27, 2017, and whose life would expire on March 27, 2017.

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