2023 -- S 0646

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LC002273

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINALS--CORRECTIONAL INSTITUTIONS -- PRIVATELY OWNED

AND OPERATED DETENTION FACILITIES

     Introduced By: Senators McKenney, Kallman, Burke, Lauria, Tikoian, and DiMario

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 13 of the General Laws entitled "CRIMINALS - CORRECTIONAL

INSTITUTIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 14

PRIVATELY OWNED AND OPERATED DETENTION FACILITIES

     13-14-1. Definitions.

     As used in this chapter, the following terms have the following meanings:

     (1) "Department of corrections" means a department within the executive branch of state

government established pursuant to the provisions of § 42-56-2;

     (2) "Detention facility" means land, buildings, or improvements used for the purposes of

detaining prisoners;

     (3) "Municipal detention facility" means existing detention facilities established pursuant

to the provisions of chapter 54 of title 45;

     (4) "Operate" means to own, lease, manage, control or otherwise have any ownership or

leasehold interest therein, including pursuant to a contract, of a private detention facility;

     (5) "Person" shall have the same meaning as defined in § 44-18-6;

     (6) "Privately owned" means and includes all individuals, incorporated companies, co-

partnerships, business entities, or associations having any title or interest in any property, rights,

easements, or franchises that are not the state, a municipality, political subdivision, or a public

agency or instrumentality;

     (7) "Private detention facility" means a detention facility that is operated by a private,

nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a

governmental entity.

     13-14-2. Prohibition.

     A person shall not operate a private detention facility within the state; provided, however,

that any privately owned property or facility that is leased and operated by the department of

corrections or other law enforcement agency, operating pursuant to a valid contract with a

governmental entity that was in effect before January 1, 2023, may continue to operate for the

duration of that contract, and any extensions made to or authorized by that contract, until January

1, 2031.

     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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     This act would prohibit the operation of privately run detention facilities. Those currently

in operation may continue to do so until January 1, 2031.

     This act would take effect upon passage.

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LC002273

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