2018 -- H 8026

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LC005345

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- AFFORDABLE HOUSING

OPPORTUNITY

     Introduced By: Representatives Mattiello, Jacquard, Bennett, Lima, and Lancia

     Date Introduced: March 30, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-11.2-11 of the General Laws in Chapter 42-11.2 entitled

"Affordable Housing Opportunity" is hereby amended to read as follows:

     42-11.2-11. Tenant eligibility. [Effective January 1, 2018.].

     (a) In order to be eligible to reside in a unit assisted under this chapter, the tenant must be

a low-income family as defined in § 42-11.2-3.

     (b) Notwithstanding subsection (a) of this section, a tenant is eligible to reside in a unit

assisted under this chapter if:

     (1) The tenant was a low-income family at the time the tenant initially moved into the

unit assisted under this chapter; or

     (2) The tenant resided in the unit assisted under this chapter at the time that the unit first

became assisted under this chapter.

     (c) (1) Any For any facility that operates in any manner as a homeless shelter and is

located on state property, in the capacities listed in subsections (c)(1) through (c)(4) of this

section, the following guidelines apply:

     (1) A facility that can accommodate up to five (5) homeless individuals shall not permit

more than one bed to be utilized by persons registered, or who are required to register, as a sex

offender under the laws of this state or of any other jurisdiction.

     (2) Any facility that operates in any manner as a homeless shelter and is located on state

property A facility that can accommodate not less than six (6) nor more than twenty (20)

homeless individuals shall may not permit more than two (2) beds to be utilized by persons

registered, or who are required to register, as a sex offender under the laws of this state or of any

other jurisdiction.

     (3) Any facility that operates in any manner as a homeless shelter and is located on state

property A facility that can accommodate at least twenty-one (21) and no more than fifty (50)

homeless individuals shall may not permit more than five (5) of the beds in the facility to be

utilized to shelter persons who are registered, or are required to register, as a sex offender under

the laws of this state or of any other jurisdiction.

     (4) Any facility that operates in any manner as a homeless shelter and is located on state

property A facility that can accommodate more than fifty (50) homeless individuals shall may not

permit more than ten percent (10%) of the beds in the facility to be utilized to shelter persons who

are registered, or are required to register, as a sex offender under the laws of this state or of any

other jurisdiction.

     (5) The facilities in subsections (c)(1) through (c)(4) of this section may exceed the

guidelines if:

     (i) The facility complies with the reporting requirements of § 11-37.1-21(c); and

     (ii) The facility documents, and reports to the same authorities as required by § 11-37.1-

21(c) that they have considered available alternative shelters and/or housing for the subject

individuals.

     (5)(6) The state shall not establish nor maintain any homeless shelter within one thousand

feet (1,000') of a homeless shelter in existence as of January 1, 2017.

     (6)(7) None of the limitations and restrictions in subsections (c)(1) through (c)(5)(6) shall

apply to any health care facility.

     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 -- AFFORDABLE HOUSING

OPPORTUNITY

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     This act would limit the number of registered sex offenders in any facility that operates as

a homeless shelter on state property. Those limits may be exceeded if the facility complies with

the provisions of § 11-37.1-21(c) and documents that the facility has considered the available

shelters and housing.

     This act would take effect upon passage.

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