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1 | ARTICLE 15 | |
2 | RELATING TO HUMAN SERVICES | |
3 | SECTION 1. Sections 13-8.1-1, 13-8.1-2, 13-8.1-3, 13-8.1-4 of the General Laws in | |
4 | Chapter 13-8 entitled “Medical Parole” are hereby amended to read as follows: | |
5 | 13-8.1-1. Short title. | |
6 | This chapter shall be known as the "Medical and Geriatric Parole Act". | |
7 | 13-8.1-2. Purpose. | |
8 | (a) Medical parole is made available for humanitarian reasons and to alleviate exorbitant | |
9 | medical expenses associated with inmates whose chronic and incurable illness render their | |
10 | incarceration non-punitive and non-rehabilitative. Notwithstanding other statutory or | |
11 | administrative provisions to the contrary, all prisoners except those serving life without parole shall | |
12 | at any time after they begin serving their sentences be eligible for medical parole consideration, | |
13 | regardless of the crime committed or the sentence imposed. | |
14 | (b) Geriatric parole is made available for humanitarian reasons and to alleviate exorbitant | |
15 | expenses associated with the cost of aging, for inmates whose advanced age reduces the risk that | |
16 | they pose to the public safety. Notwithstanding other statutory or administrative provisions to the | |
17 | contrary, all prisoners except those serving life without parole shall be eligible for geriatric parole | |
18 | consideration upon serving the lesser of ten (10) years of the sentence or seventy-five percent (75%) | |
19 | of the total sentence, regardless of the crime committed or the sentence imposed. | |
20 | 13-8.1-3. Definitions. | |
21 | (a) "Permanently physically incapacitated" means suffering from a physical condition | |
22 | caused by injury, disease, illness, or cognitive insult such as dementia or persistent vegetative state, | |
23 | which, to a reasonable degree of medical certainty, permanently and irreversibly physically | |
24 | incapacitates the individual to the extent that the individual needs help with most of the activities | |
25 | that are necessary for independence such as feeding, toileting, dressing, and bathing and | |
26 | transferring, or no significant physical activity is possible, and the individual is confined to bed or | |
27 | a wheelchair or suffering from an incurable, progressive condition that substantially diminishes the | |
28 | individual’s capacity to function in a correctional setting. | |
29 | (b) “Cognitively incapacitated” means suffering from a cognitive condition such as | |
30 | dementia which greatly impairs activities that are necessary for independence such as feeding, | |
31 | toileting, dressing, and bathing and renders their incarceration non-punitive and non-rehabilitative. | |
32 | (b) (c) "Terminally ill" means suffering from a condition caused by injury (except self- | |
33 | inflicted injury), disease, or illness which, to a reasonable degree of medical certainty, is a life- | |
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1 | limiting diagnosis that will lead to profound functional, cognitive and/or physical decline, and | |
2 | likely will result in death within eighteen (18) months. | |
3 | (c) (d) "Severely ill" means suffering from a significant and permanent or chronic physical | |
4 | and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with little | |
5 | to no possibility of recovery; and (2) Precludes significant Significantly impairs rehabilitation from | |
6 | further incarceration. | |
7 | (e) “Aging prisoner” means an individual who is sixty-five (65) years of age or older and | |
8 | suffers from functional impairment, infirmity, or illness, and has served, in actual custody, the | |
9 | lesser of ten (10) years of the sentence or seventy-five percent (75%) of the total sentence. | |
10 | 13-8.1-4. Procedure. | |
11 | (a) The parole board is authorized to grant medical parole release of a prisoner, except a | |
12 | prisoner serving life without parole, at any time, who is determined to be terminally ill, severely | |
13 | ill, or permanently physically or cognitively incapacitated within the meaning of § 13-8.1-3(a)(b)(c) | |
14 | and (d). Inmates who are severely ill will only be considered for such release when their treatment | |
15 | causes the state to incur exorbitant expenses as a result of continued and frequent medical treatment | |
16 | during their incarceration, as determined by the office of financial resources of the department of | |
17 | corrections. | |
18 | (b) The parole board is authorized to grant geriatric parole release of a prisoner, except a | |
19 | prisoner serving life without parole, who is an aging prisoner within the meaning of § 13-8.1-3(e) | |
20 | or under medical parole as outlined by § 13-8.1-2. | |
21 | (b) (c) In order to apply for this relief, the prisoner or his or her family member or friend, | |
22 | with an attending physician's written approval, or an attending physician, on behalf of the prisoner, | |
23 | shall file an application with the director of the department of corrections. Within seventy-two (72) | |
24 | hours after the filing of any application, the director shall refer the application to the health service | |
25 | unit of the department of corrections for a medical report and a medical or geriatric discharge plan | |
26 | to be completed within ten (10) days. Upon receipt of the medical discharge plan, the director of | |
27 | the department of corrections shall immediately transfer the medical discharge plan, together with | |
28 | the application, to the parole board for its consideration and decision. | |
29 | (c) (d) The report shall contain, at a minimum, the following information: | |
30 | (1) Diagnosis of the prisoner's medical conditions, including related medical history; | |
31 | (2) Detailed description of the conditions and treatments; | |
32 | (3) Prognosis, including life expectancy, likelihood of recovery, likelihood of | |
33 | improvement, mobility and trajectory and rate of debilitation; | |
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1 | (4) Degree of incapacity or disability, including an assessment of whether the prisoner is | |
2 | ambulatory, capable of engaging in any substantial physical activity, ability to independently | |
3 | provide for their daily life activities, and the extent of that activity; | |
4 | (5) An opinion from the medical director as to whether the person is terminally ill, and if | |
5 | so, the stage of the illness, or whether the person is permanently physically or cognitively | |
6 | incapacitated, or severely ill, or an aging prisoner. If the medical director's opinion is that the person | |
7 | is not terminally ill, permanently, physically or cognitively incapacitated, or severely ill, or an aging | |
8 | prisoner as defined in § 13-8.1-3, the petition for medical or geriatric parole shall not be forwarded | |
9 | to the parole board. | |
10 | (6) In the case of a severely ill inmate, the report shall also contain a determination from | |
11 | the office of financial resources that the inmate's illness causes the state to incur exorbitant expenses | |
12 | as a result of continued and frequent medical treatment during incarceration. | |
13 | (d)(e) When the director of corrections refers a prisoner to the parole board for medical or | |
14 | geriatric parole, the director shall provide to the parole board a medical discharge plan that is | |
15 | acceptable to the parole board. | |
16 | (e)(f) The department of corrections and the parole board shall jointly develop standards | |
17 | for the medical or geriatric discharge plan that are appropriately adapted to the criminal justice | |
18 | setting. The discharge plan should ensure at the minimum that: | |
19 | (1) An appropriate placement for the prisoner has been secured, including, but not limited | |
20 | to: a hospital, nursing facility, hospice, or family home; | |
21 | (2) A referral has been made for the prisoner to secure a source for payment of the prisoner's | |
22 | medical expenses; | |
23 | (3) A parole officer has been assigned to periodically obtain updates on the prisoner's | |
24 | medical condition to report back to the board. | |
25 | (f)(g) If the parole board finds from the credible medical evidence that the prisoner is | |
26 | terminally ill, permanently physically or cognitively incapacitated, or severely ill, or an aging | |
27 | prisoner, the board shall grant release to the prisoner but only after the board also considers whether, | |
28 | in light of the prisoner's medical condition, there is a reasonable probability that the prisoner, if | |
29 | released, will live and remain at liberty without violating the law, and that the release is compatible | |
30 | with the welfare of society and will not so depreciate the seriousness of the crime as to undermine | |
31 | respect for the law. Notwithstanding any other provision of law, medical release may be granted an | |
32 | any time during the term of a prisoner’s sentence and geriatric release may be granted when the | |
33 | prisoner has served the lesser of ten (10) years of the sentence or seventy-five percent (75%) of the | |
34 | total sentence. | |
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1 | (g)(h) There shall be a presumption that the opinion of the physician and/or medical | |
2 | director will be accepted. However, the applicant, the physician, the director, or the parole board | |
3 | may request an independent medical evaluation within seven (7) days after the physician's and/or | |
4 | medical director's report is presented. The evaluation shall be completed and a report, containing | |
5 | the information required by subsection (b) of this section, filed with the director and the parole | |
6 | board, and a copy sent to the applicant within fourteen (14) days from the date of the request. | |
7 | (h)(i) Within seven (7) days of receiving the application, the medical or geriatric report and | |
8 | the discharge plan, the parole board shall determine whether the application, on its face, | |
9 | demonstrates that relief may be warranted. If the face of the application clearly demonstrates that | |
10 | relief is unwarranted, the board may deny the application without a hearing or further proceedings, | |
11 | and within seven (7) days shall notify the prisoner in writing of its decision to deny the application, | |
12 | setting forth its factual findings and a brief statement of the reasons for denying release without a | |
13 | hearing. Denial of release does not preclude the prisoner from reapplying for medical or geriatric | |
14 | parole after the expiration of sixty (60) days. A reapplication under this section must demonstrate | |
15 | a material change in circumstances. | |
16 | (i)(j)(1) Upon receipt of the application from the director of the department of corrections | |
17 | the parole board shall, except as provided in subsection (h) (i) of this section, set the case for a | |
18 | hearing within thirty (30) days; | |
19 | (2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the | |
20 | offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have | |
21 | the right to be heard at the hearing, or in writing, or both; | |
22 | (3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the | |
23 | public defender if qualified or other representative. | |
24 | (j)(k) Within seven (7) days of the hearing, the parole board shall issue a written decision | |
25 | granting or denying medical or geriatric parole and explaining the reasons for the decision. If the | |
26 | board determines that medical or geriatric parole is warranted, it shall impose conditions of release, | |
27 | that shall include the following: | |
28 | (1) Periodic medical examinations; | |
29 | (2) Periodic reporting to a parole officer, and the reporting interval; | |
30 | (3) Any other terms or conditions that the board deems necessary; and | |
31 | (4) In the case of a prisoner who is medically or geriatric paroled due to being severely ill, | |
32 | the parole board shall require electronic monitoring as a condition of the medical or geriatric parole, | |
33 | unless the health care plan mandates placement in a medical facility that cannot accommodate the | |
34 | electronic monitoring. | |
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1 | (k)(l) If after release the releasee's condition or circumstances change so that he or she | |
2 | would not then be eligible for medical or geriatric parole, the parole board may order him or her | |
3 | returned to custody to await a hearing to determine whether his or her release should be revoked. | |
4 | A release may also be revoked for violation of conditions otherwise applicable to parole. | |
5 | (l)(m) An annual report shall be prepared by the director of corrections for the parole board | |
6 | and the general assembly. The report shall include: | |
7 | (1) The number of inmates who have applied for medical or geriatric parole; | |
8 | (2) The number of inmates who have been granted medical or geriatric parole; | |
9 | (3) The nature of the illness or cognitive condition of the applicants, and the nature of the | |
10 | placement pursuant to the medical discharge plan; | |
11 | (4) The categories of reasons for denial for those who have been denied; | |
12 | (5) The number of releasees on medical or geriatric parole who have been returned to the | |
13 | custody of the department of corrections and the reasons for return. | |
14 | SECTION 2. Sections 16-21.2-4 and 16-21.2-5 of the General Laws in Chapter 16-21.2 | |
15 | entitled "The Rhode Island Substance Abuse Prevention Act" are hereby amended to read as | |
16 | follows: | |
17 | 16-21.2-4. Substance abuse prevention program. | |
18 | (a) The department of behavioral healthcare, developmental disabilities and hospitals | |
19 | shall be charged with the administration of this chapter and shall: | |
20 | (i) Identify funding distribution criteria; | |
21 | (ii) Identify criteria for effective substance abuse prevention programs; and | |
22 | (iii) Provide provide grants to assist in the planning, establishment, and operation, and | |
23 | reporting of substance abuse prevention programs. Grants under this section shall be made to | |
24 | municipal governments or their designated agents according to the following guidelines: | |
25 | (1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000); | |
26 | provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those | |
27 | surplus funds are to be divided proportionately among the cities and towns on a per capita basis but | |
28 | in no event shall the city of Providence exceed a maximum grant cap of $175,000.00. | |
29 | (2) In order to obtain a grant, the municipality or its designated agent must in the first year: | |
30 | (i) Demonstrate the municipality's need for a comprehensive substance abuse program in | |
31 | the areas of prevention and education. | |
32 | (ii) Demonstrate that the municipality to be provided a grant has established by appropriate | |
33 | legislative or executive action, a substance abuse prevention council which shall assist in assessing | |
34 | the needs and resources of the community, developing a three (3) year plan of action addressing | |
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1 | the identified needs, the operation and implementation of the overall substance abuse prevention | |
2 | program; coordinating existing services such as law enforcement, prevention, treatment, and | |
3 | education; consisting of representatives of the municipal government, representatives of the school | |
4 | system, parents, and human service providers. | |
5 | (iii) Demonstrate the municipality's ability to develop a plan of implementation of a | |
6 | comprehensive three (3) year substance abuse prevention program based on the specific needs of | |
7 | the community to include high risk populations of adolescents, children of substance abusers, and | |
8 | primary education school aged children. | |
9 | (iv) Agree to conduct a survey/questionnaire of the student population designed to establish | |
10 | the extent of the use and abuse of drugs and alcohol in students throughout the local community's | |
11 | school population. | |
12 | (v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program will | |
13 | be contributed either in cash or in-kind by public or private resources within the municipality. | |
14 | (3) Each municipality that receives a grant must demonstrate in an annual written report | |
15 | submitted to the department of behavioral healthcare, developmental disabilities and hospitals that | |
16 | the funding issued is expended on substance abuse prevention programs that reflect the criteria | |
17 | pursuant to subsection (a) of this section. | |
18 | (b) The department of behavioral healthcare, developmental disabilities and hospitals shall | |
19 | adopt rules and regulations necessary and appropriate to carry out the purposes of this section. | |
20 | 16-21.2-5. Funding of substance abuse prevention program. | |
21 | (a)(1) Money to fund the Rhode Island Substance Abuse Prevention Act shall be | |
22 | appropriated from state general revenues and shall be raised by assessing an additional penalty of | |
23 | thirty dollars ($30.00) for all speeding violations as set forth in § 31-43-5.1 § 31-41.1-4. | |
24 | Money to fund the Rhode Island substance abuse prevention program shall also be | |
25 | appropriated from state general revenues in an amount estimated to be collected by any state or | |
26 | municipal court from civil penalties issued pursuant to §§ 21-28-4.01(c)(2)(iii) and 21-28- | |
27 | 4.01(c)(2)(iv) to the extent that the revenues collected are not otherwise specifically appropriated. | |
28 | The appropriated funds shall be further allocated in accordance with the distribution criteria | |
29 | identified by the department of behavioral healthcare, developmental disabilities and hospitals set | |
30 | forth in § 16-21.2-4(a). | |
31 | The money shall be deposited as general revenues. The department of behavioral | |
32 | healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the sums | |
33 | appropriated for the purpose of administering the substance abuse prevention program. | |
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1 | (b) Grants made under this chapter shall not exceed money available in the substance | |
2 | abuse prevention program. | |
3 | SECTION 3. The title of Chapter 16-21.3 of the General Laws entitled "The Rhode | |
4 | Island Student Assistance Junior High/Middle School Act" is hereby amended to read as follows: | |
5 | CHAPTER 16-21.3 | |
6 | The Rhode Island Student Assistance Junior High/Middle School Act | |
7 | CHAPTER 16-21.3 | |
8 | The Rhode Island Student Assistance High School/Junior High/Middle School Act | |
9 | SECTION 4. Sections 16-21.3-2 and 16-21.3-3 of the General Laws in Chapter 16-21.3 | |
10 | entitled "The Rhode Island Student Assistance Junior High/Middle School Act" are hereby | |
11 | amended to read as follows: | |
12 | 16-21.3-2. Junior high/middle school student assistance program. High school/junior | |
13 | high/middle school student assistance program. | |
14 | (a) The department of behavioral healthcare, developmental disabilities and hospitals shall | |
15 | be charged with the administration of this chapter and shall: | |
16 | (1) Identify funding distribution criteria; | |
17 | (2) Identify criteria for effective substance abuse prevention programs; and | |
18 | (3) Contract contract with appropriate substance abuse prevention/intervention agencies to | |
19 | provide student assistance services that incorporate the criteria in high school/junior high/middle | |
20 | schools. | |
21 | (b) Following the first complete year of operation, school systems receiving high | |
22 | school/junior high/middle school student assistance services will be required to contribute twenty | |
23 | percent (20%) of the costs of student assistance counselors to the service provider agency in order | |
24 | to continue the services. | |
25 | 16-21.3-3. Funding of junior high/middle school student assistance program. | |
26 | Funding of high school/junior high/middle school student assistance program. | |
27 | (a)(1) Money to fund this program shall be raised by assessing an additional substance | |
28 | abuse prevention assessment of thirty dollars ($30.00) for all moving motor vehicle violations | |
29 | handled by the traffic tribunal including, but not limited to, those violations set forth in § 31-41.1- | |
30 | 4, except for speeding. The money shall be deposited in a restricted purpose receipt account separate | |
31 | from all other accounts within the department of behavioral healthcare, developmental disabilities | |
32 | and hospitals. The restricted purpose receipt account shall be known as the high school/junior | |
33 | high/middle school student assistance fund and the traffic tribunal shall transfer money from the | |
34 | high school/junior high/middle school student assistance fund to the department of behavioral | |
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1 | healthcare, developmental disabilities and hospitals for the administration of the Rhode Island | |
2 | Student Assistance High School/Junior High/Middle School Act. | |
3 | (2) Money to fund the Rhode Island substance abuse prevention program shall also be | |
4 | appropriated from state general revenues in an amount estimate to be collected by any state or | |
5 | municipal court from civil penalties issued pursuant to §§ 21-28-4.01(c)(2)(iii) and 21-28- | |
6 | 4.01(c)(2)(iv) to the extent that the revenues collected are not otherwise specifically appropriated. | |
7 | The appropriated funds shall be allocated in accordance with the distribution criteria identified by | |
8 | the department of behavioral healthcare, developmental disabilities and hospitals set forth in § 16- | |
9 | 21.2-4(a). | |
10 | (b) The department of behavioral healthcare, developmental disabilities and hospitals may | |
11 | utilize up to ten percent (10%) of the sums collected from the additional penalty for the purpose of | |
12 | administering the program. | |
13 | SECTION 5. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform | |
14 | Controlled Substances Act" is hereby amended to read as follows: | |
15 | 21-28-4.01. Prohibited acts A -- Penalties. | |
16 | (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to | |
17 | manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. | |
18 | (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20), who | |
19 | violates this subsection with respect to a controlled substance classified in schedule I or II, except | |
20 | the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned | |
21 | to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than | |
22 | ten thousand dollars ($10,000), or both. | |
23 | (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of | |
24 | death to the person to whom the controlled substance is delivered, it shall not be a defense that the | |
25 | person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § | |
26 | 21-28-1.02(20). | |
27 | (4) Any person, except as provided for in subdivision (2) of this subsection, who violates | |
28 | this subsection with respect to: | |
29 | (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon | |
30 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one | |
31 | hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; | |
32 | (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon | |
33 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty | |
34 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in | |
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1 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not | |
2 | more than twenty thousand dollars ($20,000), or both. | |
3 | (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon | |
4 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand | |
5 | dollars ($10,000), or both. | |
6 | (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, | |
7 | deliver, or possess with intent to deliver, a counterfeit substance. | |
8 | (2) Any person who violates this subsection with respect to: | |
9 | (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon | |
10 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one | |
11 | hundred thousand dollars ($100,000), or both; | |
12 | (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon | |
13 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty | |
14 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in | |
15 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not | |
16 | more than twenty thousand dollars ($20,000), or both. | |
17 | (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon | |
18 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand | |
19 | dollars ($10,000), or both. | |
20 | (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a | |
21 | controlled substance, unless the substance was obtained directly from, or pursuant to, a valid | |
22 | prescription or order of a practitioner while acting in the course of his or her professional practice, | |
23 | or except as otherwise authorized by this chapter. | |
24 | (2) Any person who violates this subsection with respect to: | |
25 | (i) A controlled substance classified in schedules I, II and III, IV, and V, except the | |
26 | substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned for | |
27 | not more than three (3) years, or fined not less than five hundred dollars ($500) nor more than five | |
28 | thousand dollars ($5,000), or both; | |
29 | (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as | |
30 | marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon | |
31 | conviction, may be imprisoned for not more than one year, or fined not less than two hundred | |
32 | dollars ($200) nor more than five hundred dollars ($500), or both. | |
33 | (iii) Notwithstanding any public, special, or general law to the contrary, the possession of | |
34 | one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and | |
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1 | who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil | |
2 | offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars | |
3 | ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or | |
4 | disqualification. Notwithstanding any public, special, or general law to the contrary, this civil | |
5 | penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense | |
6 | is the first (1st) or second (2nd) violation within the previous eighteen (18) months. | |
7 | (iv) Notwithstanding any public, special, or general law to the contrary, possession of one | |
8 | ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and under | |
9 | the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of | |
10 | this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount | |
11 | of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender | |
12 | completes an approved, a drug-awareness program approved by director of the department of | |
13 | behavioral healthcare, developmental disabilities and hospitals or his or her designee, and | |
14 | community service as determined by the court. If the person seventeen (17) years of age or older | |
15 | and under the age of eighteen (18) years fails to complete an approved, drug-awareness program | |
16 | and community service within one year of the disposition, the penalty shall be a three hundred | |
17 | dollar ($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program | |
18 | or community service is available, the penalty shall be a fine of one hundred fifty dollars ($150) | |
19 | and forfeiture of the marijuana. The parents or legal guardian of any offender seventeen (17) years | |
20 | of age or older and under the age of eighteen (18) shall be notified of the offense and the availability | |
21 | of a drug-awareness and community-service program. The drug-awareness program must be | |
22 | approved by the court, but shall, at a minimum, provide four (4) hours of instruction or group | |
23 | discussion and ten (10) hours of community service. Notwithstanding any other public, special, or | |
24 | general law to the contrary, this civil penalty shall apply if the offense is the first or second violation | |
25 | within the previous eighteen (18) months. | |
26 | (v) Notwithstanding any public, special, or general law to the contrary, a person not | |
27 | exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 | |
28 | oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for | |
29 | not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five | |
30 | hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for | |
31 | possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times | |
32 | in the eighteen (18) months prior to the third (3rd) offense. | |
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1 | (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred | |
2 | dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again | |
3 | to six hundred dollars ($600) if it has not been paid within ninety (90) days. | |
4 | (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this subsection | |
5 | except as provided in this subparagraph. Any person in possession of an identification card, license, | |
6 | or other form of identification issued by the state or any state, city, or town, or any college or | |
7 | university, who fails to produce the same upon request of a police officer who informs the person | |
8 | that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.) | |
9 | or less of marijuana, or any person without any such forms of identification who fails or refuses to | |
10 | truthfully provide his or her name, address, and date of birth to a police officer who has informed | |
11 | such person that the officer intends to provide such individual with a citation for possession of one | |
12 | ounce (1 oz.) or less of marijuana, may be arrested. | |
13 | (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a | |
14 | violation of parole or probation. | |
15 | (ix) Any records collected by any state agency, tribunal, or the family court that include | |
16 | personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to | |
17 | public inspection in accordance with § 8-8.2-21. | |
18 | (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive | |
19 | jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued | |
20 | under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent | |
21 | (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant | |
22 | to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs for youth | |
23 | deposited as general revenues, with the estimated amount of fines to be collected to be allocated to | |
24 | the department of behavioral healthcare, developmental disabilities and hospitals (BHDDH) and | |
25 | used to fund substance abuse prevention programs and student assistance programs for youth | |
26 | pursuant to chapters 21.2 and 21.3 of title 16, and in accordance with the criteria set forth in §§ 16- | |
27 | 21.2-4(a) and 16-21.3-2(a). | |
28 | (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or | |
29 | convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not | |
30 | sentenced to a term of imprisonment to serve for the offense, shall be required to: | |
31 | (i) Perform up to one hundred (100) hours of community service; | |
32 | (ii) Attend and complete a drug-counseling and education program, as prescribed, by the | |
33 | director of the department of behavioral healthcare, developmental disabilities and hospitals and | |
34 | pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be | |
|
| |
1 | deposited as general revenues, with the estimated amount to be collected to be allocated to the | |
2 | department of behavioral healthcare, developmental disabilities and hospitals (BHDDH) to fund | |
3 | substance abuse prevention programs and student assistance programs for youth pursuant to | |
4 | chapters 21.2 and 21.3 of title 16 and in accordance with the criteria set forth in §§ 16-21.2-4(a) | |
5 | and 16-21.3-2(a). Failure to attend may result, after hearing by the court, in jail sentence up to one | |
6 | year; | |
7 | (iii) The court shall not suspend any part or all of the imposition of the fee required by this | |
8 | subsection, unless the court finds an inability to pay; | |
9 | (iv) If the offense involves the use of any automobile to transport the substance or the | |
10 | substance is found within an automobile, then a person convicted or who pleads nolo contendere | |
11 | under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for a | |
12 | first offense and one year for each offense after. | |
13 | (5) All fees assessed and collected pursuant to (c)(3)(ii) subsection (c)(4)(ii) of this section | |
14 | shall be deposited as general revenues, with the estimated amount of fees to be collected to be | |
15 | allocated to the department of behavioral healthcare, developmental disabilities and hospitals | |
16 | (BHDDH) to fund substance abuse prevention programs and student assistance programs for youth | |
17 | pursuant to chapters 21.2 and 21.3 of title 16 and in accordance with the criteria set forth in §§ 16- | |
18 | 21.2-4(a) and 16-21.3-2(a) and shall be collected from the person convicted or who pleads nolo | |
19 | contendere before any other fines authorized by this chapter. | |
20 | (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to | |
21 | manufacture or distribute, an imitation controlled substance. Any person who violates this | |
22 | subsection is guilty of a crime and, upon conviction, shall be subject to the same term of | |
23 | imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the | |
24 | controlled substance that the particular imitation controlled substance forming the basis of the | |
25 | prosecution was designed to resemble and/or represented to be; but in no case shall the | |
26 | imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars | |
27 | ($20,000). | |
28 | (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an | |
29 | anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, | |
30 | or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight | |
31 | without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor | |
32 | and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more | |
33 | than one thousand dollars ($1,000), or both. | |
|
| |
1 | (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, | |
2 | distribute, or possess with intent to manufacture or distribute, any extract, compound, salt | |
3 | derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is | |
4 | exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any | |
5 | person who violates this section is guilty of a misdemeanor and, upon conviction, may be | |
6 | imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or | |
7 | both. The provisions of this section shall not apply to licensed physicians, pharmacists, and | |
8 | accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or | |
9 | datura stramonium and shall not apply to any person participating in clinical trials involving the | |
10 | use of salvia divinorum or datura stramonium. | |
11 | SECTION 6. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled | |
12 | "Adjudication of Traffic Offenses" is hereby amended to read as follows: | |
13 | 31-41.1-4. Schedule of violations. | |
14 | (a) The penalties for violations of the enumerated sections, listed in numerical order, | |
15 | correspond to the fines described. However, those offenses for which punishments may vary | |
16 | according to the severity of the offense, or punishment that require the violator to perform a service, | |
17 | shall be heard and decided by the traffic tribunal or municipal court. The following violations may | |
18 | be handled administratively through the method prescribed in this chapter. This list is not exclusive | |
19 | and jurisdiction may be conferred on the traffic tribunal with regard to other violations. | |
20 | VIOLATIONS SCHEDULE | |
21 | Section of | |
22 | General Laws Total Fine | |
23 | 8-8.2-2 DOT, DEM, or other agency and department violations | |
24 | $85.00 | |
25 | 24-10-17 Soliciting rides in motor vehicles | |
26 | 85.00 | |
27 | 24-10-18 Backing up prohibited | |
28 | 85.00 | |
29 | 24-10-20 Park and ride lots | |
30 | 85.00 | |
31 | 24-12-37 Nonpayment of toll | |
32 | 100.00 | |
33 | 31-3-12 Visibility of plates | |
34 | 85.00 | |
|
| |
1 | 31-3-18 Display of plates 85.00 | |
2 | 31-3-32 Driving with expired registration 85.00 | |
3 | 31-3-34 Failure to notify division of change of address 85.00 | |
4 | 31-3-35 Notice of change of name 85.00 | |
5 | 31-3-40 Temporary plates – dealer issued 85.00 | |
6 | 31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00 | |
7 | 31-10-10 Rules as to armed forces license 85.00 | |
8 | 31-10-30 Driving on expired license 85.00 | |
9 | 31-10-32 Notice of change of address 85.00 | |
10 | 31-10.1-4 No motorcycle helmet (operator) 85.00 | |
11 | 31-10.1-5 Motorcycle handlebar violation 85.00 | |
12 | 31-10.1-6 No motorcycle helmet (passenger) 85.00 | |
13 | 31-10.1-7 Inspection of motorcycle required 85.00 | |
14 | 31-12-12 Local motor vehicle ordinance 85.00 | |
15 | 31-13-4 Obedience to devices 85.00 | |
16 | 31-13-6(3)(i) Eluding traffic light 85.00 | |
17 | 31-13-9 Flashing signals 85.00 | |
18 | 31-13-11 Injury to signs or devices 85.00 | |
19 | 31-14-1 Reasonable and prudent speed 95.00 | |
20 | 31-14-3 Condition requiring reduced speed 95.00 | |
21 | 31-14-9 Below minimum speed 95.00 | |
22 | 31-14-12 Speed limit on bridges and structures 95.00 | |
23 | 31-15-1 Leaving lane of travel 85.00 | |
24 | 31-15-2 Slow traffic to right 85.00 | |
25 | 31-15-3 Operator left of center 85.00 | |
26 | 31-15-4 Overtaking on left 85.00 | |
27 | 31-15-5(a) Overtaking on right 85.00 | |
28 | 31-15-6 Clearance for overtaking 85.00 | |
29 | 31-15-7 Places where overtaking prohibited 85.00 | |
30 | 31-15-8 No passing zone 85.00 | |
31 | 31-15-9 One way highways 85.00 | |
32 | 31-15-10 Rotary traffic islands 85.00 | |
33 | 31-15-11 Laned roadway violation 85.00 | |
34 | 31-15-12 Following too closely 85.00 | |
|
| |
1 | 31-15-12.1 Entering intersection 100.00 | |
2 | 31-15-13 Crossing center section of divided highway 85.00 | |
3 | 31-15-14 Entering or leaving limited access roadways 85.00 | |
4 | 31-15-16 Use of emergency break-down lane for travel 85.00 | |
5 | 31-15-17 Crossing bicycle lane 85.00 | |
6 | 31-15-18 Unsafe passing of person operating a bicycle 85.00 | |
7 | 31-16-1 Care in starting from stop 85.00 | |
8 | 31-16-2 Manner of turning at intersection 85.00 | |
9 | 31-16-4 U turn where prohibited 85.00 | |
10 | 31-16-5 Turn signal required 85.00 | |
11 | 31-16-6 Time of signaling turn 85.00 | |
12 | 31-16-7 Failure to give stop signal 85.00 | |
13 | 31-16-8 Method of giving signals 85.00 | |
14 | 31-16.1-3 Diesel vehicle idling rules | |
15 | first offense not to exceed 100.00 | |
16 | second and subsequent offense not to exceed 500.00 | |
17 | 31-17-1 Failure to yield right of way 85.00 | |
18 | 31-17-2 Vehicle turning left 85.00 | |
19 | 31-17-3 Yield right of way (intersection) 85.00 | |
20 | 31-17-4 Obedience to stop signs 85.00 | |
21 | 31-17-5 Entering from private road or driveway 85.00 | |
22 | 31-17-8 Vehicle within right of way, rotary 85.00 | |
23 | 31-17-9 Yielding to bicycles on bicycle lane 85.00 | |
24 | 31-18-3 Right of way in crosswalks | |
25 | 85.00 first violation | |
26 | 100.00 second | |
27 | violation or any | |
28 | subsequent violation | |
29 | 31-18-5 Crossing other than at crosswalks 85.00 | |
30 | 31-18-8 Due care by drivers 85.00 | |
31 | 31-18-12 Hitchhiking 85.00 | |
32 | 31-18-18 Right of way on sidewalks 85.00 | |
33 | 31-19-3 Traffic laws applied to bicycles 85.00 | |
34 | 31-19-20 Sale of new bicycles 85.00 | |
|
| |
1 | 31-19-21 Sale of used bicycles 85.00 | |
2 | 31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 | |
3 | 31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 | |
4 | 31-20-1 Failure to stop at railroad crossing 85.00 | |
5 | 31-20-2 Driving through railroad gate 85.00 | |
6 | 31-20-9 Obedience to stop sign 85.00 | |
7 | 31-21-4 Places where parking or stopping prohibited 85.00 | |
8 | 31-21-14 Opening of vehicle doors 85.00 | |
9 | 31-21-18 Electric vehicle charging station restriction 85.00 | |
10 | 31-22-2 Improper backing up 85.00 | |
11 | 31-22-4 Overloading vehicle 85.00 | |
12 | 31-22-5 Violation of safety zone 85.00 | |
13 | 31-22-6 Coasting 85.00 | |
14 | 31-22-7 Following fire apparatus 85.00 | |
15 | 31-22-8 Crossing fire hose 85.00 | |
16 | 31-22-9 Throwing debris on highway – snow removal 85.00 | |
17 | 31-22-11.5 Improper use of school bus – not to exceed five | |
18 | hundred dollars | |
19 | ($500) for each day | |
20 | of improper use | |
21 | 31-22-22(a) No child restraint 85.00 | |
22 | 31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 | |
23 | 31-22-22(b), (f) No seat belt – passenger 40.00 | |
24 | 31-22-22(g) No seat belt – operator 40.00 | |
25 | 31-22-23 Tow trucks – proper identification 275.00 | |
26 | 31-22-24 Operation of interior lights 85.00 | |
27 | 31-23-1(b)(2) U.S. department of transportation motor carrier safety | |
28 | rules and regulations Not less than $85.00 | |
29 | or more than $500.00 | |
30 | 31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00 | |
31 | 31-23-1(e)(7) Operation of an "out of service vehicle" 100.00 | |
32 | 31-23-2(b) Installation or adjustment of unsafe or prohibited | |
33 | parts, equipment, or accessories: (first offense) 250.00 | |
34 | (second offense) 500.00 | |
|
| |
1 | (third and subsequent | |
2 | offenses) 1,000.00 | |
3 | 31-23-4 Brake equipment required 85.00 | |
4 | 31-23-8 Horn required 85.00 | |
5 | 31-23-10 Sirens prohibited 85.00 | |
6 | 31-23-13 Muffler required 85.00 | |
7 | 31-23-13.1 Altering height or operating a motor vehicle with an | |
8 | altered height 85.00 | |
9 | 31-23-14 Prevention of excessive fumes or smoke 85.00 | |
10 | 31-23-16 Windshield and window stickers (visibility) 85.00 | |
11 | 31-23-17 Windshield wipers 85.00 | |
12 | 31-23-19 Metal tires prohibited 85.00 | |
13 | 31-23-20 Protuberances on tires 85.00 | |
14 | 31-23-26 Fenders and wheel flaps required 85.00 | |
15 | 31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00 | |
16 | 31-23-29 Flares or red flag required over | |
17 | four thousand pounds (4,000 lbs.) 85.00 | |
18 | 31-23-40 Approved types of seat belt requirements 85.00 | |
19 | 31-23-42.1 Special mirror – school bus 85.00 | |
20 | 31-23-43 Chocks required (1 pair) – over | |
21 | four thousand pounds (4,000 lbs.) 85.00 | |
22 | 31-23-45 Tire treads – defective tires 85.00 | |
23 | 31-23-47 Slow moving emblem required 85.00 | |
24 | 31-23-49 Transportation of gasoline – passenger vehicle 85.00 | |
25 | 31-23-51 Operating bike or motor vehicle | |
26 | wearing ear phones 85.00 (first offense) | |
27 | 95.00 second offense | |
28 | 140.00 for the third | |
29 |
| |
30 | and each subsequent | |
31 | offense | |
32 | 31-24-1 Times when lights required 85.00 | |
33 | through | |
34 | 31-24-54 | |
|
| |
1 | 31-25-3 Maximum width of one hundred | |
2 | and two inches (102") exceeded 85.00 | |
3 | 31-25-4 Maximum height of one hundred | |
4 | sixty-two inches (162") exceeded 85.00 | |
5 | 31-25-6 Maximum number and length of coupled vehicles 500.00 | |
6 | 31-25-7 Load extending three feet (3') front, six feet (6') rear exceeded 85.00 | |
7 | 31-25-9 Leaking load 85.00 | |
8 | 31-25-11 Connections between coupled vehicles 85.00 | |
9 | 31-25-12 Towing chain, twelve-inch (12") square flag required 85.00 | |
10 | 31-25-12.1 Tow truck – use of lanes (first offense) 85.00 | |
11 | second offense 95.00 | |
12 | for the third and each subsequent offense 100.00 | |
13 | 31-25-14(d)(1) Maximum weight and tandem axles 125.00 | |
14 | 31-25-14(d)(2) Maximum weight and tandem axles 125.00 | |
15 | 31-25-14(d)(3) Maximum weight and tandem axles 125.00 | |
16 | 31-25-16(c)(2) Maximum weight shown in registration 85.00 per | |
17 | thousand lbs. | |
18 | overweight or | |
19 | portion thereof. | |
20 | 31-25-16(c)(3) Maximum weight shown in registration 125.00 per | |
21 | thousand lbs. | |
22 | overweight or | |
23 | portion thereof. | |
24 | 31-25-16(c)(4) Maximum weight shown in registration 1,025.00 plus | |
25 | $125.00 per | |
26 | thousand | |
27 | pounds | |
28 | overweight or | |
29 | portion thereof. | |
30 | 31-25-17 Identification of trucks and truck-tractors (first offense) 85.00 | |
31 | (second offense) 95.00 | |
32 | 125.00 for the third and | |
33 | subsequent offenses | |
34 | 31-25-24 Carrying and inspection of excess load limit 175.00 | |
|
| |
1 | 31-25-27(c) Maximum axle 3,000.00 (first offense) | |
2 | not to exceed | |
3 | 5,000.00 for each | |
4 | and every | |
5 | subsequent offense | |
6 | 31-25-30 Maximum axle Pawtucket River Bridge and | |
7 | Sakonnet River Bridge 3,000.00 (first | |
8 | offense) not to | |
9 | exceed 5,000.00 for | |
10 | each and every | |
11 | subsequent offense | |
12 | 31-27-2.3 Refusal to take preliminary breath test 85.00 | |
13 | 31-28-7(d) Wrongful use of handicapped parking placard 500.00 | |
14 | 31-28-7(f) Handicapped parking space violation: | |
15 | First offense 100.00 | |
16 | Second offense 175.00 | |
17 | Third offense and subsequent offenses 325.00 | |
18 | 31-28-7.1(e) Wrongful use of institutional | |
19 | handicapped parking placard 125.00 | |
20 | 31-33-2 Failure to file accident report 85.00 | |
21 | 31-36.1-17 No fuel tax stamp (out-of-state) | |
22 | 85.00 and not | |
23 | exceeding ($100) for | |
24 | subsequent offense | |
25 | 31-38-3 No inspection sticker 85.00 | |
26 | 31-38-4 Violation of inspection laws 85.00 | |
27 | 31-41.3-15 Automated school-zone-speed-enforcement system 50.00 | |
28 | 31-47.2-6 Heavy-duty vehicle emission inspections: | |
29 | First offense 125.00 | |
30 | Second offense 525.00 | |
31 | Third and subsequent offenses 1,025.00 | |
32 | 37-15-7 Littering not less than 55.00 | |
|
| |
1 | not more than five | |
2 | hundred dollars | |
3 | ($500) | |
4 | 39-12-26 Public carriers violation 300.00 | |
5 | SPEEDING Fine | |
6 | Speeding Fine | |
7 | (A) One to ten miles per hour (1-10 mph) | |
8 | in excess of posted speed limit | |
9 |
| |
10 | $ 95.00 | |
11 | (B) Eleven miles per hour (11 mph) in excess | |
12 | of posted speed limit with a fine of | |
13 | ten dollars ($10.00) per mile in excess | |
14 | of speed limit shall be assessed. 205.00 | |
15 | minimum | |
16 | (b) In addition to any other penalties provided by law, a judge may impose the following | |
17 | penalties for speeding: | |
18 | (1) For speeds up to and including ten miles per hour (10 mph) over the posted speed limit | |
19 | on public highways, a fine as provided for in subsection (a) of this section for the first offense; ten | |
20 | dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if within | |
21 | twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile in excess | |
22 | of the speed limit for the third and any subsequent offense if within twelve (12) months of the first | |
23 | offense. In addition, the license may be suspended up to thirty (30) days. | |
24 | (2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on | |
25 | public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the | |
26 | first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the | |
27 | second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per | |
28 | mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve | |
29 | (12) months of the first offense. In addition, the license may be suspended up to sixty (60) days. | |
30 | (c) Except for a technology surcharge assessed in accordance with § 8-15-11 and | |
31 | assessments collected under §16-21.2-5 and §16-21.3-3, any person charged with a violation who | |
32 | pays the fine administratively pursuant to this chapter shall not be subject to any additional costs or | |
33 | assessments, including, but not limited to, the hearing fee established in § 8-18-4. | |
|
| |
1 | SECTION 7. Effective July 1, 2020, section 40-5.2-8 of the General Laws in Chapter 40- | |
2 | 5.2 entitled “The Rhode Island Works Program” are hereby amended to read as follows: | |
3 | 40-5.2-8. Definitions. | |
4 | (a) As used in this chapter, the following terms having the meanings set forth herein, unless | |
5 | the context in which such terms are used clearly indicates to the contrary: | |
6 | (1) "Applicant" means a person who has filed a written application for assistance for | |
7 | herself/himself and her/his dependent child(ren). An applicant may be a parent or non-parent | |
8 | caretaker relative. | |
9 | (2) "Assistance" means cash and any other benefits provided pursuant to this chapter. | |
10 | (3) "Assistance unit" means the assistance filing unit consisting of the group of persons, | |
11 | including the dependent child(ren), living together in a single household who must be included in | |
12 | the application for assistance and in the assistance payment if eligibility is established. An | |
13 | assistance unit may be the same as a family. | |
14 | (4) "Benefits" shall mean assistance received pursuant to this chapter. | |
15 | (5) "Community service programs" means structured programs and activities in which cash | |
16 | assistance recipients perform work for the direct benefit of the community under the auspices of | |
17 | public or nonprofit organizations. Community service programs are designed to improve the | |
18 | employability of recipients not otherwise able to obtain paid employment. | |
19 | (6) "Department" means the department of human services. | |
20 | (7) "Dependent child" means an individual, other than an individual with respect to whom | |
21 | foster care maintenance payments are made, who is: (A) under the age of eighteen (18); or (B) | |
22 | under the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent | |
23 | level of vocational or educational training), if before he or she attains age nineteen (19), he or she | |
24 | may reasonably be expected to complete the program of such secondary school (or such training). | |
25 | (8) "Director" means the director of the department of human services. | |
26 | (9) "Earned income" means income in cash or the equivalent received by a person through | |
27 | the receipt of wages, salary, commissions, or profit from activities in which the person is self- | |
28 | employed or as an employee and before any deductions for taxes. | |
29 | (10) "Earned income tax credit" means the credit against federal personal income tax | |
30 | liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section, | |
31 | the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26 | |
32 | U.S.C. § 3507, or any successor section and any refund received as a result of the earned income | |
33 | tax credit, as well as any refundable state earned income tax credit. | |
|
| |
1 | (11) "Education directly related to employment" means education, in the case of a | |
2 | participant who has not received a high school diploma or a certificate of high school equivalency, | |
3 | related to a specific occupation, job, or job offer. | |
4 | (12) "Family" means: (A) a pregnant woman from and including the seventh month of her | |
5 | pregnancy; or (B) a child and the following eligible persons living in the same household as the | |
6 | child: (C) each biological, adoptive or stepparent of the child, or in the absence of a parent, any | |
7 | adult relative who is responsible, in fact, for the care of such child; and (D) the child's minor siblings | |
8 | (whether of the whole or half-blood); provided, however, that the term "family" shall not include | |
9 | any person receiving benefits under title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. | |
10 | A family may be the same as the assistance unit. | |
11 | (13) "Gross earnings" means earnings from employment and self-employment further | |
12 | described in the department of human services rules and regulations. | |
13 | (14) "Individual employment plan" means a written, individualized plan for employment | |
14 | developed jointly by the applicant and the department of human services that specifies the steps the | |
15 | participant shall take toward long-term economic independence developed in accordance with | |
16 | subsection 40-5.2-10(e). A participant must comply with the terms of the individual employment | |
17 | plan as a condition of eligibility in accordance with subsection 40-5.2-10(e) of this chapter. | |
18 | (15) "Job search and job readiness" means the mandatory act of seeking or obtaining | |
19 | employment by the participant, or the preparation to seek or obtain employment. | |
20 | In accord with federal requirements, job search activities must be supervised by the department of | |
21 | labor and training and must be reported to the department of human services in accordance with | |
22 | TANF work verification requirements. | |
23 | Except in the context of rehabilitation employment plans, and special services provided by | |
24 | the department of children, youth and families, job search and job readiness activities are limited | |
25 | to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve (12) month period, with | |
26 | limited exceptions as defined by the department. The department of human services in consultation | |
27 | with the department of labor and training shall extend job search, and job readiness assistance for | |
28 | up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent | |
29 | (50%) greater than the United States unemployment rate if the state meets the definition of a "needy | |
30 | state" under the contingency fund provisions of federal law. | |
31 | Preparation to seek employment, or job readiness, may include, but may not be limited to, | |
32 | the participant obtaining life skills training, homelessness services, domestic violence services, | |
33 | special services for families provided by the department of children youth and families, substance | |
34 | abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who | |
|
| |
1 | are otherwise employable. Such services, treatment or therapy must be determined to be necessary | |
2 | and certified by a qualified medical or mental health professional. Intensive work readiness services | |
3 | may include work-based literacy, numeracy, hands-on training, work experience and case | |
4 | management services. Nothing in this section shall be interpreted to mean that the department of | |
5 | labor and training shall be the sole provider of job readiness activities described herein. | |
6 | (16) "Job skills training directly related to employment" means training or education for | |
7 | job skills required by an employer to provide an individual with the ability to obtain employment | |
8 | or to advance or adapt to the changing demands of the workplace. Job skills training directly related | |
9 | to employment must be supervised on an ongoing basis. | |
10 | (17) "Net income" means the total gross income of the assistance unit less allowable | |
11 | disregards and deductions as described in subsection 40-5.2-10(g). | |
12 | (18) "Minor parent" means a parent under the age of eighteen (18). A minor parent may be | |
13 | an applicant or recipient with his or her dependent child(ren) in his/her own case or a member of | |
14 | an assistance unit with his or her dependent child(ren) in a case established by the minor parent's | |
15 | parent. | |
16 | (19) "On-the-job-training" means training in the public or private sector that is given to a | |
17 | paid employee while he or she is engaged in productive work and that provides knowledge and | |
18 | skills essential to the full and adequate performance of the job. On-the-job training must be | |
19 | supervised by an employer, work site sponsor, or other designee of the department of human | |
20 | services on an ongoing basis. | |
21 | (20) "Participant" means a person who has been found eligible for assistance in accordance | |
22 | with this chapter and who must comply with all requirements of this chapter, and has entered into | |
23 | an individual employment plan. A participant may be a parent or non-parent caretaker relative | |
24 | included in the cash assistance payment. | |
25 | (21) "Recipient" means a person who has been found eligible and receives cash assistance | |
26 | in accordance with this chapter. | |
27 | (22) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great | |
28 | grandparent, aunt, great aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother, | |
29 | stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great | |
30 | niece, great-great niece, nephew, great nephew, or great-great nephew. | |
31 | (23) "Resident" means a person who maintains residence by his or her continuous physical | |
32 | presence in the state. | |
33 | (24) "Self-employment income" means the total profit from a business enterprise, farming, | |
34 | etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses | |
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| |
1 | directly related to producing the goods or services and without which the goods or services could | |
2 | not be produced. However, items such as depreciation, personal business and entertainment | |
3 | expenses, and personal transportation are not considered business expenses for the purposes of | |
4 | determining eligibility for cash assistance in accordance with this chapter. | |
5 | (25) "State" means the State of Rhode Island and Providence Plantations. | |
6 | (26) "Subsidized employment" means employment in the private or public sectors for | |
7 | which the employer receives a subsidy from TANF or other public funds to offset some or all of | |
8 | the wages and costs of employing a recipient. It includes work in which all or a portion of the wages | |
9 | paid to the recipient are provided to the employer either as a reimbursement for the extra costs of | |
10 | training or as an incentive to hire the recipient, including, but not limited to, grant diversion. | |
11 | (27) "Subsidized housing" means housing for a family whose rent is restricted to a | |
12 | percentage of its income. | |
13 | (28) "Unsubsidized employment" means full or part-time employment in the public or | |
14 | private sector that is not subsidized by TANF or any other public program. | |
15 | (29) "Vocational educational training" means organized educational programs, not to | |
16 | exceed twelve (12) months with respect to any participant, that are directly related to the preparation | |
17 | of participants for employment in current or emerging occupations. Vocational educational training | |
18 | must be supervised. | |
19 | (30) "Work experience" means a work activity that provides a participant with an | |
20 | opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain | |
21 | employment. The purpose of work experience is to improve the employability of those who cannot | |
22 | find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee | |
23 | of the department must supervise this activity. | |
24 | (31) "Work supplementation" also known as "grant diversion" means the use of all or a | |
25 | portion of a participant's cash assistance grant and food stamp grant as a wage supplement to an | |
26 | employer. Such a supplement shall be limited to a maximum period of twelve (12) months. An | |
27 | employer must agree to continue the employment of the participant as part of the regular work | |
28 | force, beyond the supplement period, if the participant demonstrates satisfactory performance. | |
29 | (32) "Work activities" mean the specific work requirements which must be defined in the | |
30 | individual employment plan and must be complied with by the participant as a condition of | |
31 | eligibility for the receipt of cash assistance for single and two (2) family households outlined in § | |
32 | 40-5.2-12 of this chapter. | |
33 | SECTION 8. Effective January 1, 2021, section 40-5.2-10 of the General Laws in Chapter | |
34 | 40-5.2 entitled “The Rhode Island Works Program” are hereby amended to read as follows: | |
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| |
1 | 40-5.2-10. Necessary requirements and conditions. | |
2 | The following requirements and conditions shall be necessary to establish eligibility for | |
3 | the program. | |
4 | (a) Citizenship, alienage, and residency requirements. | |
5 | (1) A person shall be a resident of the State of Rhode Island. | |
6 | (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the | |
7 | alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity | |
8 | Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section may hereafter | |
9 | be amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the | |
10 | alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in | |
11 | accordance with this chapter. | |
12 | (b) The family/assistance unit must meet any other requirements established by the | |
13 | department of human services by rules and regulations adopted pursuant to the Administrative | |
14 | Procedures Act, as necessary to promote the purpose and goals of this chapter. | |
15 | (c) Receipt of cash assistance is conditional upon compliance with all program | |
16 | requirements. | |
17 | (d) All individuals domiciled in this state shall be exempt from the application of | |
18 | subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work | |
19 | Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any | |
20 | individual ineligible for certain state and federal assistance if that individual has been convicted | |
21 | under federal or state law of any offense that is classified as a felony by the law of the jurisdiction | |
22 | and that has as an element the possession, use, or distribution of a controlled substance as defined | |
23 | in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). | |
24 | (e) Individual employment plan as a condition of eligibility. | |
25 | (1) Following receipt of an application, the department of human services shall assess the | |
26 | financial conditions of the family, including the non-parent caretaker relative who is applying for | |
27 | cash assistance for himself or herself as well as for the minor child(ren), in the context of an | |
28 | eligibility determination. If a parent or non-parent caretaker relative is unemployed or under- | |
29 | employed, the department shall conduct an initial assessment, taking into account: (A) The physical | |
30 | capacity, skills, education, work experience, health, safety, family responsibilities and place of | |
31 | residence of the individual; and (B) The child care and supportive services required by the applicant | |
32 | to avail himself or herself of employment opportunities and/or work readiness programs. | |
33 | (2) On the basis of this assessment, the department of human services and the department | |
34 | of labor and training, as appropriate, in consultation with the applicant, shall develop an individual | |
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| |
1 | employment plan for the family which requires the individual to participate in the intensive | |
2 | employment services. Intensive employment services shall be defined as the work requirement | |
3 | activities in § 40-5.2-12(g) and (i). | |
4 | (3) The director, or his or her designee, may assign a case manager to an | |
5 | applicant/participant, as appropriate. | |
6 | (4) The department of labor and training and the department of human services in | |
7 | conjunction with the participant shall develop a revised individual employment plan that shall | |
8 | identify employment objectives, taking into consideration factors above, and shall include a | |
9 | strategy for immediate employment and for preparing for, finding, and retaining employment | |
10 | consistent, to the extent practicable, with the individual's career objectives. | |
11 | (5) The individual employment plan must include the provision for the participant to | |
12 | engage in work requirements as outlined in § 40-5.2-12. | |
13 | (6)(i) The participant shall attend and participate immediately in intensive assessment and | |
14 | employment services as the first step in the individual employment plan, unless temporarily exempt | |
15 | from this requirement in accordance with this chapter. Intensive assessment and employment | |
16 | services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i). | |
17 | (ii) Parents under age twenty (20) without a high school diploma or general equivalency | |
18 | diploma (GED) shall be referred to special teen parent programs which will provide intensive | |
19 | services designed to assist teen parents to complete high school education or GED, and to continue | |
20 | approved work plan activities in accord with Rhode Island works program requirements. | |
21 | (7) The applicant shall become a participant in accordance with this chapter at the time the | |
22 | individual employment plan is signed and entered into. | |
23 | (8) Applicants and participants of the Rhode Island works program shall agree to comply | |
24 | with the terms of the individual employment plan, and shall cooperate fully with the steps | |
25 | established in the individual employment plan, including the work requirements. | |
26 | (9) The department of human services has the authority under the chapter to require | |
27 | attendance by the applicant/participant, either at the department of human services or at the | |
28 | department of labor and training, at appointments deemed necessary for the purpose of having the | |
29 | applicant enter into and become eligible for assistance through the Rhode Island works program. | |
30 | The appointments include, but are not limited to, the initial interview, orientation and assessment; | |
31 | job readiness and job search. Attendance is required as a condition of eligibility for cash assistance | |
32 | in accordance with rules and regulations established by the department. | |
33 | (10) As a condition of eligibility for assistance pursuant to this chapter, the | |
34 | applicant/participant shall be obligated to keep appointments, attend orientation meetings at the | |
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| |
1 | department of human services and/or the Rhode Island department of labor and training, participate | |
2 | in any initial assessments or appraisals and comply with all the terms of the individual employment | |
3 | plan in accordance with department of human services rules and regulations. | |
4 | (11) A participant, including a parent or non-parent caretaker relative included in the cash | |
5 | assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as | |
6 | defined in this chapter or the department's rules and regulations. | |
7 | (12) A participant who voluntarily quits or refuses a job without good cause, as defined in | |
8 | § 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned | |
9 | in accordance with rules and regulations promulgated by the department. | |
10 | (f) Resources. | |
11 | (1) The family or assistance unit's countable resources shall be less than the allowable | |
12 | resource limit established by the department in accordance with this chapter. | |
13 | (2) No family or assistance unit shall be eligible for assistance payments if the combined | |
14 | value of its available resources (reduced by any obligations or debts with respect to such resources) | |
15 | exceeds one thousand dollars ($1,000). | |
16 | (3) For purposes of this subsection, the following shall not be counted as resources of the | |
17 | family/assistance unit in the determination of eligibility for the works program: | |
18 | (i) The home owned and occupied by a child, parent, relative or other individual; | |
19 | (ii) Real property owned by a husband and wife as tenants by the entirety, if the property | |
20 | is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in | |
21 | the property; | |
22 | (iii) Real property that the family is making a good faith effort to dispose of, however, any | |
23 | cash assistance payable to the family for any such period shall be conditioned upon such disposal | |
24 | of the real property within six (6) months of the date of application and any payments of assistance | |
25 | for that period shall (at the time of disposal) be considered overpayments to the extent that they | |
26 | would not have occurred at the beginning of the period for which the payments were made. All | |
27 | overpayments are debts subject to recovery in accordance with the provisions of the chapter; | |
28 | (iv) Income producing property other than real estate including, but not limited to, | |
29 | equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or | |
30 | services that the department determines are necessary for the family to earn a living; | |
31 | (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per | |
32 | household, and in addition, a vehicle used primarily for income producing purposes such as, but | |
33 | not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle that annually | |
34 | produces income consistent with its fair market value, even if only used on a seasonal basis; a | |
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| |
1 | vehicle necessary to transport a family member with a disability where the vehicle is specially | |
2 | equipped to meet the specific needs of the person with a disability or if the vehicle is a special type | |
3 | of vehicle that makes it possible to transport the person with a disability; | |
4 | (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of | |
5 | limited value; | |
6 | (vii) Burial plots (one for each child, relative, and other individual in the assistance unit) | |
7 | and funeral arrangements; | |
8 | (viii) For the month of receipt and the following month, any refund of federal income taxes | |
9 | made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating | |
10 | to earned income tax credit), and any payment made to the family by an employer under § 3507 of | |
11 | the Internal Revenue Code of 1986, 26 U.S.C. § 3507 (relating to advance payment of such earned | |
12 | income credit); | |
13 | (ix) The resources of any family member receiving supplementary security income | |
14 | assistance under the Social Security Act, 42 U.S.C. § 301 et seq. | |
15 | (g) Income. | |
16 | (1) Except as otherwise provided for herein, in determining eligibility for and the amount | |
17 | of cash assistance to which a family is entitled under this chapter, the income of a family includes | |
18 | all of the money, goods, and services received or actually available to any member of the family. | |
19 | (2) In determining the eligibility for and the amount of cash assistance to which a | |
20 | family/assistance unit is entitled under this chapter, income in any month shall not include the first | |
21 | one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross earnings | |
22 | of the family in excess of one hundred seventy dollars ($170) earned during the month. | |
23 | (3) The income of a family shall not include: | |
24 | (i) The first fifty dollars ($50.00) in child support received in any month from each non- | |
25 | custodial parent of a child plus any arrearages in child support (to the extent of the first fifty dollars | |
26 | ($50.00) per month multiplied by the number of months in which the support has been in arrears) | |
27 | that are paid in any month by a non-custodial parent of a child; | |
28 | (ii) Earned income of any child; | |
29 | (iii) Income received by a family member who is receiving supplemental security income | |
30 | (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.; | |
31 | (iv) The value of assistance provided by state or federal government or private agencies to | |
32 | meet nutritional needs, including: value of USDA donated foods; value of supplemental food | |
33 | assistance received under the Child Nutrition Act of 1966, as amended and the special food service | |
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| |
1 | program for children under Title VII, nutrition program for the elderly, of the Older Americans Act | |
2 | of 1965 as amended, and the value of food stamps; | |
3 | (v) Value of certain assistance provided to undergraduate students, including any grant or | |
4 | loan for an undergraduate student for educational purposes made or insured under any loan program | |
5 | administered by the U.S. Commissioner of Education (or the Rhode Island council on | |
6 | postsecondary education or the Rhode Island division of higher education assistance); | |
7 | (vi) Foster care payments; | |
8 | (vii) Home energy assistance funded by state or federal government or by a nonprofit | |
9 | organization; | |
10 | (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made | |
11 | to foster grandparents, senior health aides or senior companions and to persons serving in SCORE | |
12 | and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act | |
13 | of 1973, 42 U.S.C. § 5000 et seq.; | |
14 | (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules | |
15 | and regulations; | |
16 | (x) Certain payments to native Americans; payments distributed per capita to, or held in | |
17 | trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, | |
18 | 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes | |
19 | which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, | |
20 | 1975; | |
21 | (xi) Refund from the federal and state earned income tax credit; | |
22 | (xii) The value of any state, local, or federal government rent or housing subsidy, provided | |
23 | that this exclusion shall not limit the reduction in benefits provided for in the payment standard | |
24 | section of this chapter. | |
25 | (xiii) The earned income of any adult family member who gains employment, in | |
26 | compliance with their employment plan, while an active RI Works household member. Such earned | |
27 | income is excluded for the first six (6) months of earned income from employment, until the | |
28 | household reaches its forty-eight (48) month time limit, or until household’s total gross income | |
29 | exceeds 185% of the Federal Poverty Level (FPL) whichever is first. | |
30 | (4) The receipt of a lump sum of income shall affect participants for cash assistance in | |
31 | accordance with rules and regulations promulgated by the department. | |
32 | (h) Time limit on the receipt of cash assistance. | |
33 | (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this | |
34 | chapter, to a family or assistance unit that includes an adult member who has received cash | |
|
| |
1 | assistance for a total of forty-eight (48) months (whether or not consecutive), to include any time | |
2 | receiving any type of cash assistance in any other state or territory of the United States of America | |
3 | as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3) | |
4 | with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to | |
5 | a family or assistance unit which includes an adult member who has received cash assistance for a | |
6 | total of a lifetime limit of forty-eight (48) months. | |
7 | (2) Cash benefits received by a minor dependent child shall not be counted toward their | |
8 | lifetime time limit for receiving benefits under this chapter should that minor child apply for cash | |
9 | benefits as an adult. | |
10 | (3) Certain minor children not subject to time limit. This section regarding the lifetime time | |
11 | limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren) | |
12 | living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult | |
13 | non-parent caretaker relative who is not in the case assistance payment. | |
14 | (4) Receipt of family cash assistance in any other state or territory of the United States of | |
15 | America shall be determined by the department of human services and shall include family cash | |
16 | assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds | |
17 | [Title IV-A of the Federal Social Security Act 42 U.S.C. § 601 et seq.] and/or family cash assistance | |
18 | provided under a program similar to the Rhode Island families work and opportunity program or | |
19 | the federal TANF program. | |
20 | (5)(i) The department of human services shall mail a notice to each assistance unit when | |
21 | the assistance unit has six (6) months of cash assistance remaining and each month thereafter until | |
22 | the time limit has expired. The notice must be developed by the department of human services and | |
23 | must contain information about the lifetime time limit, the number of months the participant has | |
24 | remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus, | |
25 | and any other information pertinent to a family or an assistance unit nearing the forty-eight-month | |
26 | (48) lifetime time limit. | |
27 | (ii) For applicants who have less than six (6) months remaining in the forty-eight-month | |
28 | (48) lifetime time limit because the family or assistance unit previously received cash assistance in | |
29 | Rhode Island or in another state, the department shall notify the applicant of the number of months | |
30 | remaining when the application is approved and begin the process required in subsection (h)(5)(i). | |
31 | (6) If a cash assistance recipient family closed pursuant to Rhode Island's Temporary | |
32 | Assistance for Needy Families Program (federal TANF described in Title IV A of the Federal | |
33 | Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family | |
34 | independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction | |
|
| |
1 | because of failure to comply with the cash assistance program requirements; and that recipient | |
2 | family received forty-eight (48) months of cash benefits in accordance with the family | |
3 | independence program, then that recipient family is not able to receive further cash assistance for | |
4 | his/her family, under this chapter, except under hardship exceptions. | |
5 | (7) The months of state or federally funded cash assistance received by a recipient family | |
6 | since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program | |
7 | (federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.), | |
8 | formerly entitled the Rhode Island family independence program, shall be countable toward the | |
9 | time limited cash assistance described in this chapter. | |
10 | (i) Time limit on the receipt of cash assistance. | |
11 | (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance | |
12 | unit in which an adult member has received cash assistance for a total of sixty (60) months (whether | |
13 | or not consecutive) to include any time receiving any type of cash assistance in any other state or | |
14 | territory of the United States as defined herein effective August 1, 2008. Provided further, that no | |
15 | cash assistance shall be provided to a family in which an adult member has received assistance for | |
16 | twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan | |
17 | as provided in § 40-5.2-12(g)(5). | |
18 | (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter | |
19 | to a family in which a child has received cash assistance for a total of sixty (60) months (whether | |
20 | or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to | |
21 | subdivision 40-5.2(a) (2) to include any time received any type of cash assistance in any other state | |
22 | or territory of the United States as defined herein. | |
23 | (j) Hardship exceptions. | |
24 | (1) The department may extend an assistance unit's or family's cash assistance beyond the | |
25 | time limit, by reason of hardship; provided, however, that the number of families to be exempted | |
26 | by the department with respect to their time limit under this subsection shall not exceed twenty | |
27 | percent (20%) of the average monthly number of families to which assistance is provided for under | |
28 | this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by | |
29 | federal law, any waiver granted under § 40-5.2-35, for domestic violence, shall not be counted in | |
30 | determining the twenty percent (20%) maximum under this section. | |
31 | (2) Parents who receive extensions to the time limit due to hardship must have and comply | |
32 | with employment plans designed to remove or ameliorate the conditions that warranted the | |
33 | extension. | |
34 | (k) Parents under eighteen (18) years of age. | |
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| |
1 | (1) A family consisting of a parent who is under the age of eighteen (18), and who has | |
2 | never been married, and who has a child; or a family consisting of a woman under the age of | |
3 | eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if | |
4 | the family resides in the home of an adult parent, legal guardian, or other adult relative. The | |
5 | assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of | |
6 | the individual and child unless otherwise authorized by the department. | |
7 | (2) This subsection shall not apply if the minor parent or pregnant minor has no parent, | |
8 | legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the | |
9 | department determines that the physical or emotional health or safety of the minor parent, or his or | |
10 | her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same | |
11 | residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal | |
12 | guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, | |
13 | to live in his or her home shall constitute a presumption that the health or safety would be so | |
14 | jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or | |
15 | legal guardian for a period of at least one year before either the birth of any child to a minor parent | |
16 | or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental | |
17 | regulations, for waiving the subsection; and the individual resides in a supervised supportive living | |
18 | arrangement to the extent available. | |
19 | (3) For purposes of this section, "supervised supportive living arrangement" means an | |
20 | arrangement that requires minor parents to enroll and make satisfactory progress in a program | |
21 | leading to a high school diploma or a general education development certificate, and requires minor | |
22 | parents to participate in the adolescent parenting program designated by the department, to the | |
23 | extent the program is available; and provides rules and regulations that ensure regular adult | |
24 | supervision. | |
25 | (l) Assignment and cooperation. As a condition of eligibility for cash and medical | |
26 | assistance under this chapter, each adult member, parent, or caretaker relative of the | |
27 | family/assistance unit must: | |
28 | (1) Assign to the state any rights to support for children within the family from any person | |
29 | that the family member has at the time the assignment is executed or may have while receiving | |
30 | assistance under this chapter; | |
31 | (2) Consent to and cooperate with the state in establishing the paternity and in establishing | |
32 | and/or enforcing child support and medical support orders for all children in the family or assistance | |
33 | unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker | |
34 | relative is found to have good cause for refusing to comply with the requirements of this subsection. | |
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| |
1 | (3) Absent good cause, as defined by the department of human services through the rule- | |
2 | making process, for refusing to comply with the requirements of (l)(1) and (l)(2), cash assistance | |
3 | to the family shall be reduced by twenty-five percent (25%) until the adult member of the family | |
4 | who has refused to comply with the requirements of this subsection consents to and cooperates with | |
5 | the state in accordance with the requirements of this subsection. | |
6 | (4) As a condition of eligibility for cash and medical assistance under this chapter, each | |
7 | adult member, parent, or caretaker relative of the family/assistance unit must consent to and | |
8 | cooperate with the state in identifying and providing information to assist the state in pursuing any | |
9 | third-party who may be liable to pay for care and services under Title XIX of the Social Security | |
10 | Act, 42 U.S.C. § 1396 et seq. | |
11 | SECTION 9. Effective July 1, 2020, section 40-5.2-20 of the General Laws in Chapter 40- | |
12 | 5.2 entitled “The Rhode Island Works Program” are hereby amended to read as follows: | |
13 | 40-5.2-20. Child-care assistance. | |
14 | Families or assistance units eligible for child-care assistance. | |
15 | (a) The department shall provide appropriate child care to every participant who is eligible | |
16 | for cash assistance and who requires child care in order to meet the work requirements in | |
17 | accordance with this chapter. | |
18 | (b) Low-income child care. The department shall provide child care to all other working | |
19 | families with incomes at or below one hundred eighty percent (180%) of the federal poverty level | |
20 | if, and to the extent, these other families require child care in order to work at paid employment as | |
21 | defined in the department's rules and regulations. Beginning October 1, 2013, the department shall | |
22 | also provide child care to families with incomes below one hundred eighty percent (180%) of the | |
23 | federal poverty level if, and to the extent, these families require child care to participate on a short- | |
24 | term basis, as defined in the department's rules and regulations, in training, apprenticeship, | |
25 | internship, on-the-job training, work experience, work immersion, or other job-readiness/job- | |
26 | attachment program sponsored or funded by the human resource investment council (governor's | |
27 | workforce board) or state agencies that are part of the coordinated program system pursuant to § | |
28 | 42-102-11. Beginning January 1, 2021, the department shall also provide child care to families with | |
29 | incomes below one hundred eighty percent (180%) of the federal poverty level if, and to the extent, | |
30 | these families require child care to enroll or maintain enrollment in a Rhode Island public institution | |
31 | of higher education. | |
32 | (c) No family/assistance unit shall be eligible for child-care assistance under this chapter if | |
33 | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which | |
34 | corresponds to the amount permitted by the federal government under the state plan and set forth | |
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1 | in the administrative rule-making process by the department. Liquid resources are defined as any | |
2 | interest(s) in property in the form of cash or other financial instruments or accounts that are readily | |
3 | convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit | |
4 | union, or other financial institution savings, checking, and money market accounts; certificates of | |
5 | deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments | |
6 | or accounts. These do not include educational savings accounts, plans, or programs; retirement | |
7 | accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. | |
8 | The department is authorized to promulgate rules and regulations to determine the ownership and | |
9 | source of the funds in the joint account. | |
10 | (d) As a condition of eligibility for child-care assistance under this chapter, the parent or | |
11 | caretaker relative of the family must consent to, and must cooperate with, the department in | |
12 | establishing paternity, and in establishing and/or enforcing child support and medical support | |
13 | orders for any children in the family receiving appropriate child care under this section in | |
14 | accordance with the applicable sections of title 15 of the state's general laws, as amended, unless | |
15 | the parent or caretaker relative is found to have good cause for refusing to comply with the | |
16 | requirements of this subsection. | |
17 | (e) For purposes of this section, "appropriate child care" means child care, including infant, | |
18 | toddler, pre-school, nursery school, school-age, that is provided by a person or organization | |
19 | qualified, approved, and authorized to provide the care by the state agency or agencies designated | |
20 | to make the determinations in accordance with the provisions set forth herein. | |
21 | (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal | |
22 | poverty level guidelines shall be provided with free child care. Families with incomes greater than | |
23 | one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable | |
24 | federal poverty guideline shall be required to pay for some portion of the child care they receive, | |
25 | according to a sliding-fee scale adopted by the department in the department's rules. | |
26 | (2) Families who are receiving child-care assistance and who become ineligible for child- | |
27 | care assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the | |
28 | applicable federal poverty guidelines shall continue to be eligible for child-care assistance until | |
29 | their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty | |
30 | guidelines. To be eligible, the families must continue to pay for some portion of the child care they | |
31 | receive, as indicated in a sliding-fee scale adopted in the department's rules and in accordance with | |
32 | all other eligibility standards. | |
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1 | (g) In determining the type of child care to be provided to a family, the department shall | |
2 | take into account the cost of available child-care options; the suitability of the type of care available | |
3 | for the child; and the parent's preference as to the type of child care. | |
4 | (h) For purposes of this section, "income" for families receiving cash assistance under § | |
5 | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in | |
6 | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and | |
7 | unearned income as determined by departmental regulations. | |
8 | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast | |
9 | the expenditures for child care in accordance with the provisions of § 35-17-1. | |
10 | (j) In determining eligibility for child-care assistance for children of members of reserve | |
11 | components called to active duty during a time of conflict, the department shall freeze the family | |
12 | composition and the family income of the reserve component member as it was in the month prior | |
13 | to the month of leaving for active duty. This shall continue until the individual is officially | |
14 | discharged from active duty. | |
15 | SECTION 10. Effective July 1, 2020, section 40-6.2-1.1 of the General Laws in Chapter | |
16 | 40-6.2 entitled “Child Care – State Subsidies” is hereby amended to read as follows: | |
17 | 40-6.2-1.1. Rates established. | |
18 | (a) Through June 30, 2015 2021, subject to the payment limitations in subsection (c), the | |
19 | minimum base reimbursement rates to be paid by the departments of human services and children, | |
20 | youth and families for licensed childcare centers for care of infant/toddler and preschool age | |
21 | children shall be determined using the following schedule, with infant/toddler reimbursement rates | |
22 | to be set at the 25th percentile of the 2018 weekly market rates and preschool reimbursement rates | |
23 | to be set halfway to the 25th percentile of the 2018 weekly market rates. The maximum | |
24 | infant/toddler and preschool reimbursement rates to be paid by the departments of human services | |
25 | and children, youth and families for licensed family childcare providers shall be implemented in a | |
26 | tiered manner, reflective of the quality rating the provider has achieved within the state's quality | |
27 | rating system outlined in § 42-12-23.1 and to be based on the 75th percentile of the 2018 weekly | |
28 | market rates. The maximum base reimbursement rates to be paid by the departments of human | |
29 | services and children, youth and families for licensed childcare centers for care of infant and | |
30 | preschool aged children and licensed family-childcare providers shall be based on the following | |
31 | schedule of the 75th percentile of the 2002 2018 weekly market rates adjusted for the average of | |
32 | the 75th percentile of the 2002 and the 2004 weekly market rates: | |
33 | LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY MARKET RATE | |
34 | INFANT $182.00 | |
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1 | PRESCHOOL $150.00 | |
2 | SCHOOL-AGE $135.00 | |
3 | LICENSED FAMILYCHILDCARE | |
4 | CHILDCARE PROVIDERS 75th PERCENTILE OF WEEKLY MARKET RATE | |
5 | INFANT $150.00 | |
6 | PRESCHOOL $150.00 | |
7 | SCHOOL-AGE $135.00 | |
8 | LICENSED TIER ONE TIER TWO TIER TIER FOUR TIER FIVE | |
9 | CHILDCARE (25th THREE (75th | |
10 | CENTERS percentile of | |
11 | percentile of | |
12 | weekly weekly | |
13 | market rate) market | |
14 | rate) | |
15 | INFANT/TODDLER $222.38 $226.83 $240.17 $249.07 $257.54 | |
16 | PRESCHOOL $176.67 $180.53 $193.94 $201.99 $212.84 | |
17 | Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum | |
18 | reimbursement rates to be paid by the departments of human services and children, youth and | |
19 | families for licensed childcare centers and licensed family-childcare providers shall be based on | |
20 | the above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average | |
21 | of the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased | |
22 | by ten dollars ($10.00) per week for infant/toddler care provided by licensed family-childcare | |
23 | providers and license-exempt providers and then the rates for all providers for all age groups shall | |
24 | be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare | |
25 | centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty- | |
26 | four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one | |
27 | cents ($161.71) for preschool-age children. | |
28 | (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the | |
29 | maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of | |
30 | human services and children, youth and families for licensed childcare centers shall be | |
31 | implemented in a tiered manner, reflective of the quality rating the provider has achieved within | |
32 | the state's quality rating system outlined in § 42-12-23.1. | |
33 | (1) For infant/toddler childcare, tier one shall be reimbursed two and one-half percent | |
34 | (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above | |
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1 | the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY | |
2 | 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly | |
3 | amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly | |
4 | amount. | |
5 | (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half | |
6 | (2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) | |
7 | above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY | |
8 | 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018 | |
9 | weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018 | |
10 | weekly amount. | |
11 | (b) The weekly reimbursement rate for licensed childcare centers for care of school age | |
12 | children shall be $146.26. | |
13 | The minimum base reimbursement rates to be paid by the departments of human services | |
14 | and children, youth, and families for licensed family childcare providers shall be determined | |
15 | through collective bargaining with the maximum infant/toddler and preschool reimbursement rates | |
16 | to be paid by the departments of human services and children, youth and families for licensed | |
17 | family childcare providers and shall be implemented in a tiered manner, reflective of the quality | |
18 | rating the provider has achieved within the state's quality rating system outlined in 42-12-23.1. | |
19 | (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4]. | |
20 | (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and | |
21 | training The department of human services shall conduct an independent survey or certify an | |
22 | independent survey of the then current weekly market rates for childcare in Rhode Island and shall | |
23 | forward such weekly market rate survey to the department of human services. The next survey shall | |
24 | be conducted by June 30, 2016, and triennially thereafter. The departments of human services and | |
25 | labor and training The department of human services will jointly determine the survey criteria | |
26 | including, but not limited to, rate categories and sub-categories. Surveys shall be conducted by | |
27 | June 30, 2021 and triennially thereafter. | |
28 | (e) In order to expand the accessibility and availability of quality childcare, the department | |
29 | of human services is authorized to establish by regulation alternative or incentive rates of | |
30 | reimbursement for quality enhancements, innovative or specialized childcare and alternative | |
31 | methodologies of childcare delivery, including non-traditional delivery systems and collaborations. | |
32 | (f) Effective January 1, 2007, all childcare providers have the option to be paid every two | |
33 | (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of | |
34 | reimbursement payments. | |
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1 | (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by | |
2 | the departments of human services and children, youth and families for licensed family childcare | |
3 | providers shall be implemented in a tiered manner, reflective of the quality rating the provider has | |
4 | achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one shall be | |
5 | reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three | |
6 | percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the | |
7 | prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the | |
8 | prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base | |
9 | rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier | |
10 | five shall be reimbursed twenty-three percent (23%) above the prevailing base rate. | |
11 | SECTION 11. Section 42-56-38 of the General Laws in Chapter 42-56 entitled | |
12 | “Corrections Department” is hereby amended to read as follows: | |
13 | 42-56-38. Assessment of costs. | |
14 | (a) Each sentenced offender committed to the care, custody or control of the department of | |
15 | corrections shall reimburse the state for the cost or the reasonable portion of the cost incurred by | |
16 | the state relating to that commitment; provided, however, that a person committed, awaiting trial | |
17 | and not convicted, shall not be liable for the reimbursement. Items of cost shall include physical | |
18 | services and commodities such as food, medical, clothing and specialized housing, as well as social | |
19 | services such as specialized supervision and counseling. Costs shall be assessed by the director of | |
20 | corrections, or his or her designee, based upon each person's ability to pay, following a public | |
21 | hearing of proposed fee schedules. Each offender's family income and number of dependents shall | |
22 | be among the factors taken into consideration when determining ability to pay. Moneys received | |
23 | under this section shall be deposited as general revenues. The director shall promulgate rules and | |
24 | regulations necessary to carry out the provisions of this section. The rules and regulations shall | |
25 | provide that the financial situation of persons, financially dependent on the person, be considered | |
26 | prior to the determination of the amount of reimbursement. This section shall not be effective until | |
27 | the date the rules and regulations are filed with the office of the secretary of state. | |
28 | (b) Notwithstanding the provision of subsection (a), or any rule or regulation promulgated | |
29 | by the director, any sentenced offender who is ordered or directed to the work release program, | |
30 | shall pay no less than thirty percent (30%) of his or her gross net salary for room and board. | |
31 | SECTION 12. Sections 1-7 and Sections 9-11 of this article shall take effect July 1, 2020. | |
32 | Section 8 of this article shall take effect January 1, 2021. | |
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