2019 -- H 5101

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LC000209

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- HOUSING RESOURCES --

HOMELESS SHELTERS

     

     Introduced By: Representatives Lombardi, Hull, and Walsh

     Date Introduced: January 10, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-128 of the General Laws entitled "Rhode Island Housing

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Resources Act of 1998" is hereby amended by adding thereto the following section:

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     42-128-18. Homeless shelter standard.

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     (a) Findings. The general assembly finds and declares as follows:

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     (1) That all homeless persons have the right to homeless shelter services regardless of

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political or religious beliefs, immigration status, former geographic location of residence, ethno-

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

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

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clients/residents for any services rendered;

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

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

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

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and self-determination. Shelter staff should work with residents to assist them in achieving their

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goals;

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

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of residents;

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

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

 

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

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information is of the utmost importance;

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

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food;

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

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importance in each shelter;

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

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resort and in the most serious cases;

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     (11) That everyone is entitled to shelter service whether or not they use substances and

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service policies should not be based on substance use alone, except for those shelters operating on

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an abstinence or recovery model basis;

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

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development and evaluation, and policy development;

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

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

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are met on site through community based services;

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

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

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where they can interact and socialize with other children;

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

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

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

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

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The provider should notify their residents, and the office of housing and community development

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within the division of planning of the department of administration; and

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

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

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     (b) To further the purpose of this section, the chair of the Rhode Island housing resources

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commission shall appoint a committee to draft regulations for homeless shelters. Each member of

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the committee will be drawn from the following constituencies or communities of interest:

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     (1) One homeless or formerly homeless person;

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     (2) Two (2) representatives of the Rhode Island Homeless Advocacy Project;

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     (3) One representative of the Rhode Island Coalition for the Homeless;

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     (4) Two (2) homeless shelter providers operating a shelter for individuals;

 

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     (5) Two (2) homeless shelter providers operating a shelter for families;

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     (6) One representative from the Rhode Island office of housing and community

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development;

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     (7) One domestic violence shelter provider; and

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     (8) One resident or former resident of a domestic violence shelter.

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     (c) The committee shall elect a chair or co-chairs from among their membership.

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     (d)(1) The committee shall define the characteristics of a homeless shelter that shall be

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subject to the regulations and standards established by this section.

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     (2) The committee shall be charged with the formulation of regulations and standards to

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address the following topics and areas of concern:

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

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meet;

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

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substance use, and service restrictions;

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     (iii) Residents' rights and responsibilities, including resident input, complaints and

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appeals, and grievance procedures;

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

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

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staff code of conduct;

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

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

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health and safety issues; and

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

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

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protection of residents.

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     (3) Except to the extent specifically required by statute, no shelter regulation shall deny

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access to, or otherwise impose additional restrictions upon individuals due to their being subject

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to community notification requirements, nor shall any state or municipal agency request or

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require a shelter to impose any such restrictions.

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     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 -- HOUSING RESOURCES --

HOMELESS SHELTERS

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     This act would create a commission to establish homeless shelter standards.

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     This act would take effect upon passage.

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