Chapter
398
2005 -- H 5791 SUBSTITUTE A AS AMENDED
Enacted 07/19/05
A N A C T
RELATING TO THE
OFFICE OF ATTORNEY GENERAL -- ELDER JUSTICE
PROSECUTION UNIT
Introduced By: Representatives Malik, Shanley, O`Neill, Picard, and Schadone
Date Introduced: February 17, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Title 42 of the General Laws entitled "State Affairs and
Government" is
hereby
amended by adding thereto the following chapter:
CHAPTER 9.2
OFFICE OF ELDER JUSTICE PROSECUTION UNIT
42-9.2-1.
Legislative findings. – The general assembly finds and recognizes
that:
(1)
The proportion of Rhode Island's population that is sixty (60) years or older
will
dramatically
increase in the next thirty (30) years.
(2)
Elder abuse, neglect and exploitation have no boundaries, and cross all racial,
socio-
economic,
gender and geographic lines.
(3)
The federal government or congress has been slow to enact legislation to
respond to
the
needs of victims of elder abuse, neglect and exploitation or to undertake
prevention efforts.
(4)
All citizens of Rhode Island should be protected from elder abuse, neglect and
exploitation.
(5)
That the public will benefit from a coordinated, multi-agency effort to ensure
that the
policy
goals and laws established to protect Rhode Island's seniors from elder abuse,
neglect and
exploitation
are achieved and enforced.
(6)
In order to protect the public safety, health and welfare of Rhode Island's
elder
population,
the general assembly finds it necessary to establish and fund an elder justice
prosecution
unit within the department of attorney general.
42-9.2-2.
Definitions. – As used in this chapter:
(1)
"Abuse" means the knowing infliction of physical or psychological
harm or the
knowing
deprivation of goods or services that are necessary to meet essential needs or
to avoid
physical
or psychological harm.
(2)
"Caregiver" means any person who is for a significant period of time
the primary
caregiver
and/or is primarily responsible for the management of the funds of a senior.
(3)
"Elder" means an individual sixty (60) years or older.
(4)
"Elder justice" means efforts to prevent, detect, treat, intervene in
and prosecute elder
abuse,
neglect and exploitation and to protect elders while maximizing their autonomy
as well as
the
recognition of an elder's rights, including the right to be free of abuse,
neglect and
exploitation.
(5)
"Exploitation" means the fraudulent or otherwise illegal, unauthorized
or improper act
or
process of an individual, including a caregiver or fiduciary, that uses the
resources of an elder
for
monetary or personal benefit, profit, gain, or that results in depriving an
elder of rightful
access
to or use of, benefits, resources, belongings, or assets by use of undue
influence,
harassment,
duress, deception, false representation or false pretenses.
(6)
"Neglect" means the failure of a caregiver or fiduciary to provide
the goods or
services
that are necessary to maintain the health or safety of an elder.
42-9.2-3.
Establishment. – There shall be established and funded within the
department
of
attorney general an elder justice prosecution unit. The elder justice
prosecution unit shall be an
assistant
or special assistant attorney general appointed by the attorney general.
Additionally, the
unit
shall have both an inspector and paralegal to be appointed by the attorney
general. The elder
justice
prosecution unit is authorized to perform the following duties as the attorney
general may
direct:
(1)
Prosecute cases relating to elder abuse, neglect and exploitation;
(2)
Educate law enforcement department of elderly affairs personnel on
investigative
issues
unique to elder justice;
(3)
Intervene in, or request that the state or any agency thereof initiate
administrative,
legal
and legislative actions related to elder justice issues as determined by the
attorney general.
SECTION 2. This act
shall take effect upon passage.
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LC01416/SUB A
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