2020 -- S 2551 | |
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LC005021 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO CRIMINALS-CORRECTIONAL INSTITUTIONS-PRIVATELY OWNED | |
AND OPERATED DETENTION FACILITIES | |
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Introduced By: Senators McKenney, Sheehan, Valverde, Euer, and Metts | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 13 of the General Laws entitled "CRIMINALS - CORRECTIONAL |
2 | INSTITUTIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 14 |
4 | PRIVATELY OWNED AND OPERATED DETENTION FACILITIES |
5 | 13-14-1. Definitions. |
6 | As used in this chapter, the following terms have the following meanings: |
7 | (1) "Department of corrections" means a department within the executive branch of state |
8 | government; |
9 | (2) "Detention facility" means land, buildings, or improvements used for the purposes of |
10 | detaining prisoners; |
11 | (3) "Municipal detention facility" means existing detention facilities pursuant to ยง 45-54- |
12 | 1 et seq.; |
13 | (4) "Operate" means to own, lease, manage, control or otherwise have any ownership or |
14 | leasehold interest therein, including pursuant to a contract, of a private detention facility; |
15 | (5) "Person" means and includes natural persons, firms, associations, corporations, |
16 | business trusts, partnerships, and public bodies; |
17 | (6) "Privately owned" means and includes all individuals, incorporated companies, co- |
18 | partnerships, business entities, or associations having any title or interest in any property, rights, |
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1 | easements, or franchises that are not municipalities or political subdivisions, and all public agencies |
2 | and instrumentalities; |
3 | (7) "Private detention facility" means a detention facility that is operated by a private, |
4 | nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a |
5 | governmental entity. |
6 | 13-14-2. Prohibition. |
7 | A person shall not operate a private detention facility within the state; provided, however, |
8 | that any privately owned property or facility that is leased and operated by the department of |
9 | corrections or other law enforcement agency, operating pursuant to a valid contract with a |
10 | governmental entity that was in effect before January 1, 2020, may continue to operate for the |
11 | duration of that contract, and any extensions made to or authorized by that contract, until January |
12 | 1, 2028. |
13 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINALS-CORRECTIONAL INSTITUTIONS-PRIVATELY OWNED | |
AND OPERATED DETENTION FACILITIES | |
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1 | This act would prohibit the operation of privately run detention facilities. Those currently |
2 | in operation may continue to do so until January 1, 2028. |
3 | This act would take effect upon passage. |
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