2017 -- S 0338

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LC001371

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO THE DEPARTMENT OF PUBLIC SAFETY

     Introduced By: Senators Coyne, McCaffrey, Ruggerio, Jabour, and Lynch Prata

     Date Introduced: February 16, 2017

     Referred To: Senate Judiciary

     (Governor)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-2.2-1 and 12-2.2-5 of the General Laws in Chapter 12-2.2

entitled "Capitol Police for Public Buildings" are hereby amended to read as follows:

     12-2.2-1. Appointment of capitol police.

     The director commissioner of public safety may appoint qualified persons to act as

"capitol police officers," who shall be members of the state classified service. Upon appointment

of an officer, the director commissioner shall issue to the person a license to act as a capitol

police officer and the license shall, in the courts of this state, be evidence of the validity of the

appointment of the person named and of his or her authority to act as a capitol police officer at

any of the buildings or grounds within the jurisdiction of the division of public buildings as

assigned by the chief of public buildings.

     12-2.2-5. Classes in law enforcement.

     All capitol police shall be required to attend and successfully complete any law

enforcement courses that the director commissioner of public safety shall require. These law

enforcement courses will be conducted by either the state police or the municipal police training

school for the benefit of the capitol police.

     SECTION 2. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit

System" is hereby amended to read as follows:

     36-4-2. Positions in unclassified service.

     (a) The classified service shall comprise all positions in the state service, now existing or

hereinafter established, except the following specific positions which, with other positions

heretofore or hereinafter specifically exempted by legislative act, shall constitute the unclassified

service:

     (1) Officers and legislators elected by popular vote and persons appointed to fill

vacancies in elective offices.

     (2) Employees of both houses of the general assembly.

     (3) Officers, secretaries, and employees of the office of the governor, office of the

lieutenant governor, department of state, department of the attorney general, and the treasury

department.

     (4) Members of boards and commissions appointed by the governor, members of the state

board of elections and the appointees of the board, members of the commission for human rights

and the employees of the commission, and directors of departments.

     (5) The following specific offices:

     (i) In the department of administration: director, chief information officer, cybersecurity

officer, director of office of management and budget, director of performance management,

deputy director, chief of staff, public information officer and legislative/policy director, and

within the health benefits exchange: director, deputy director, administrative assistant, senior

policy analyst, and chief strategic planning monitoring and evaluation;

     (ii) In the department of business regulation: director;

     (iii) In the department of elementary and secondary education: commissioner of

elementary and secondary education;

     (iv) In the department of higher education: commissioner of postsecondary education;

     (v) In the department of health: director, executive director, and deputy director;

     (vi) In the department of labor and training: director, administrative assistant,

administrator of the labor board and legal counsel to the labor board, executive director, and

communications director;

     (vii) In the department of environmental management: director;

     (viii) In the department of transportation: director, chief operating officer,

administrator/division of project management, administrator/division of planning, chief of staff,

communications director, legislative director, and policy director;

     (ix) In the department of human services: director and director of veterans' affairs;

     (x) In the state properties committee: secretary;

     (xi) In the workers' compensation court: judges, administrator, deputy administrator,

clerk, assistant clerk, clerk secretary;

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     (xii) In the division of elderly affairs: director;

     (xiii) In the department of behavioral healthcare, developmental disabilities and hospitals:

director;

     (xiv) In the department of corrections: director, assistant director (institutions/operations),

assistant director (rehabilitative services), assistant director (administration), and wardens;

     (xv) In the department of children, youth and families: director, one assistant director,

one associate director, one executive director, and a chief of staff;

     (xvi) In the public utilities commission: public utilities administrator;

     (xvii) In the water resources board: general manager;

     (xviii) In the human resources investment council: executive director.

     (xix) In the office of health and human services: secretary of health and human services.

     (xx) In the office of commerce: secretary, deputy secretary, chief of staff,

communications director, legislative director, and policy director.

     (6) Chief of the hoisting engineers, licensing division, and his or her employees;

executive director of the veterans memorial building and his or her clerical employees.

     (7) One confidential stenographic secretary for each director of a department and each

board and commission appointed by the governor.

     (8) Special counsel, special prosecutors, regular and special assistants appointed by the

attorney general, the public defender and employees of his or her office, and members of the

Rhode Island bar occupying a position in the state service as legal counsel to any appointing

authority.

     (9) The academic and/or commercial teaching staffs of all state institution schools, with

the exception of those institutions under the jurisdiction of the board of regents for elementary

and secondary education and the board of governors for higher education.

     (10) Members of the military or naval forces, when entering or while engaged in the

military or naval service.

     (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the

supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic

tribunal, jurors, and any persons appointed by any court.

     (12) Election officials and employees.

     (13) Deputy sheriffs and other employees of the sheriffs division within the department

of public safety.

     (14) Patient or inmate help in state charitable, penal, and correctional institutions and

religious instructors of these institutions and student nurses in training, residents in psychiatry in

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training, and clinical clerks in temporary training at the institute of mental health within the state

of Rhode Island medical center.

     (15) (i) Persons employed to make or conduct a temporary and special inquiry,

investigation, project, or examination on behalf of the legislature, or a committee therefor, or on

behalf of any other agency of the state if the inclusion of these persons in the unclassified service

is approved by the personnel administrator. The personnel administrator shall notify the house

fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person

in the unclassified service.

     (ii) The duration of the appointment of a person, other than the persons enumerated in

this section, shall not exceed ninety (90) days or until presented to the department of

administration. The department of administration may extend the appointment another ninety (90)

days. In no event shall the appointment extend beyond one hundred eighty (180) days.

     (16) Members of the division of state police within the department of public safety.

     (17) Executive secretary of the Blackstone Valley district commission.

     (18) Artist and curator of state-owned art objects.

     (19) Mental health advocate.

     (20) Child advocate.

     (21) The position of aquaculture coordinator and marine infrastructure specialist within

the coastal resources management council.

     (22) Employees of the office of the health insurance commissioner.

     (23) In the department of revenue: the director, secretary, attorney.

     (24) In the department of public safety: the director commissioner.

     (b) Provided, however, that, if any position added to the unclassified service by

legislative act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such

position shall remain in the classified service until such position becomes vacant.

     SECTION 3. Sections 42-7.3-3.2, 42-7.3-5, 42-7.3-6, 42-7.3-8 and 42-7.3-9 of the

General Laws in Chapter 42-7.3 entitled "Department of Public Safety" are hereby amended to

read as follows:

     42-7.3-3.2. Division of sheriffs.

     (a) Division established. A division of sheriffs is hereby established within the

department of public safety. This division shall be responsible for statewide activities assigned by

law which relate to the duties and functions of the sheriffs of the several counties. The division

also shall be responsible for all statewide activities assigned by law which relate to the duties and

functions of state marshals. Among its other responsibilities, the division shall also be responsible

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for courtroom security and cellblocks in all state courthouses, training of personnel, transportation

of individuals charged with crimes, and special operations.

     (b) Powers and Duties.

     (1) The division of sheriffs shall have the following powers and duties:

     (i) To provide and maintain security for judges at all state courts;

     (ii) To provide and maintain security in all courtrooms and other public areas within state

courthouses;

     (iii) To provide and maintain security in the cellblocks in all state courts, and exercise all

powers as required and prescribed in all other provisions of the general laws and public laws

relating to the powers and duties of sheriffs.

     (2) The division of sheriffs shall also have the following powers and duties previously

performed by the Rhode Island marshals:

     (i) To be responsible for transportation statewide of prisoners to and from police

departments, the adult correctional institutions, all courthouses, and other places of detention;

     (ii) To transport persons arrested by state and local police departments to places of

detention; provided, however, nothing in this subsection shall prevent state and local police

departments from transporting those persons;

     (iii) To supervise the conduct of and maintain order and discipline of the prisoners in

their custody;

     (iv) To be responsible for the custody and safety of prisoners while being transported to

and from court sessions, places of detention, and outside hospitals prior to commitment to the

adult correctional institutions;

     (v) To be responsible for the custody and security of prisoners detained in the cellblock

areas in the Kent County courthouse and Providence County superior courthouse and for the

security of these prisoners during the hearing of their cases, and while in outside hospitals prior to

commitment to the adult correctional institutions;

     (vi) To be responsible for the safety and welfare of prisoners in their custody;

     (vii) To provide all security in connection with transportation in the execution of

extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers),

arrest affidavits, interstate compact extradition, and criminal detainers; and

     (viii) To carry firearms as prescribed.

     (c) The director commissioner of the department of public safety shall appoint deputy

sheriffs pursuant to a rank structure determined by the director commissioner of the department of

public safety and other necessary classifications, subject to the appropriation process, to provide

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assistance in the areas of courthouse and cellblock security, transportation of prisoners, staff

training and special operations. All employees in the division of sheriffs shall be in the

unclassified service pursuant to subdivision 36-4-2(a)(13).

     42-7.3-5. Director of public safety -- Appointment. Commissioner of public safety --

Appointment.

     (a) The department of public safety shall be administered by a director, who shall also

serve as superintendent of the Rhode Island state police commissioner. The director

commissioner shall be appointed by the governor and shall be subject to advice and consent of the

senate. The commissioner shall hold office at the pleasure of the governor and until a successor is

appointed and qualified.

     (b) Wherever in the general or public laws, or any rule or regulation, any reference to the

director of the department of public safety shall appear, it shall be deemed to mean and shall

mean the commissioner of the department of public safety.

     42-7.3-6. Duties and responsibilities of the director. Duties and responsibilities of the

commissioner.

     (a) The director commissioner shall be responsible to the governor for managing the

department of public safety and for providing strategic leadership and direction to the divisions

and agencies within the department. The director commissioner of public safety is authorized to:

     (b) Coordinate the administration and financing of public safety services and programs.

     (c) Serve as the governor's chief advisor and liaison to federal policymakers on public

safety issues as well as the principal point of contact in the state on any such related matters.

     (d) Resolve administrative, jurisdictional, operational, program, or policy conflicts

among divisions and agencies and to take necessary action;

     (e) Assure continued progress toward improving the quality, the economy, the

accountability and the efficiency of state-administered public safety services;

     (f) Prepare and integrate comprehensive budgets for the divisions and agencies within the

department.

     (g) Utilize objective data to evaluate public safety goals, resource use and outcome

evaluation and to perform short and long-term policy planning and development.

     (h) Conduct independent reviews of state public safety programs.

     (i) Provide regular and timely reports to the governor and make recommendations with

respect to the state's public safety needs.

     (j) Employ such personnel and contract for such consulting services as may be required to

perform the powers and duties lawfully conferred upon the director commissioner.

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     42-7.3-8. Appointment of employees.

     The director commissioner, subject to the provisions of applicable state law and except as

otherwise provided for under applicable state law, shall be the appointing authority for all

employees of the department of public safety.

     42-7.3-9. Rules and regulations.

     The department of public safety is authorized to make and promulgate such rules and

regulations as he or she the commissioner deems necessary for the proper administration of this

chapter and to carry out the purposes thereof.

     SECTION 4. Section 42-28-3 of the General Laws in Chapter 42-28 entitled "State

Police" is hereby amended to read as follows:

     42-28-3. Scope of responsibilities.

     (a) The Rhode Island state police and the superintendent shall be charged with the

responsibility of:

     (1) Providing a uniformed force for law enforcement;

     (2) Preparing rules and regulations for law enforcement;

     (3) Maintaining facilities for crime detection and suppression; and

     (4) Controlling traffic and maintaining safety on the highways.

     (b) The superintendent shall be ex-officio state fire marshal.

     (c) The superintendent shall also serve as the director of the department of public safety.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE DEPARTMENT OF PUBLIC SAFETY

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     This act would replace references to the director of public safety with commissioner of

public safety, and would require that the commissioner be appointed by the governor subject to

advice and consent of the senate, and would remove the requirement that the superintendent of

the state police also serve as the director of the department of public safety.

     This act would take effect upon passage.

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