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RELATING TO OBSOLETE AND NO LONGER APPLICABLE STATUTES

Introduced By: Representative Sherlock

Date Introduced : February 3, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Section 5-37-17 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby amended to read as follows:

5-37-17. Power to examine individuals. -- Persons between the ages of eighteen (18) and twenty-one (21) years may give legal consent for examination and treatment for illnesses resulting from administration of drugs, and such physical examination and treatment by a registered physician, hospital, or mental health facility as designated and defined by regulations of the department of {DEL mental health, retardation, and hospitals DEL} {ADD health ADD} within the provisions of this chapter upon the person of an individual aged eighteen (18) and older who has given consent shall not constitute an assault or an assault and battery upon said person.

SECTION 2. Section 11-34-10 of the General Laws in Chapter 11-34 entitled "Prostitution and Lewdness" is hereby amended to read as follows:

11-34-10. Human Immunodeficiency Virus (HIV). -- (a) Any person convicted of a violation of any provisions of chapter 34 of this title shall be required to be tested for human immunodeficiency virus (HIV). No consent for such testing shall be required.

(b) The department of health shall be responsible for reasonable costs associated with performing and reporting the results of the HIV tests, including the costs of pretest and post-test counseling.

(c) All persons tested under this section shall be provided pretest and post-test counseling in accordance with regulations adopted by the department of health; provided, however, that the counseling shall be in accordance with acceptable medical standards.

(d) All persons who are tested under this section, who are determined to be intravenous drug abusers, shall be referred to appropriate sources of drug treatment by the department of health as follows:

(1) Such persons who test positive for HIV infection shall be given priority for those outpatient treatment programs which are sponsored or supported by the department of health {ADD . ADD} {DEL and department of mental health, retardation, and hospitals; DEL}

(2) Such persons who test negative for HIV infection shall be referred to the appropriate division in the department of {DEL mental health, retardation, and hospitals, DEL} {ADD health ADD} for earliest possible evaluation and treatment.

SECTION 3. Sections 21-28-4.20 and 21-28-5.04 of the General Laws in Chapter 21-28 entitled "Uniform Controlled Substances Act" are hereby amended to read as follows:

21-28-4.20. Human immunodeficiency virus (HIV) -- Testing. -- (a) Any person convicted of possession of any hypodermic instrument associated with intravenous drug use shall be required to be tested for human immunodeficiency virus (HIV). No consent for such testing shall be required.

(b) The department of health shall be responsible for reasonable costs associated with performing and reporting the results of the HIV tests, including the costs of pretest and post-test counseling.

(c) All persons tested under this section shall be provided pretest and post-test counseling in accordance with regulations adopted by the department of health; provided, however, that this counseling shall be in accordance with acceptable medical standards.

(d) All persons who are tested under this section, who are determined to be intravenous drug abusers, shall be referred to appropriate sources of drug treatment by the department of health as follows:

(1) Such persons who test positive for HIV infection shall be given priority for those outpatient treatment programs which are sponsored or supported by the department of health {DEL and the department of mental health, retardation and hospitals; DEL} {ADD ; ADD}

(2) Such persons who test negative for HIV infection shall be referred to the appropriate division in the department of {DEL mental health, retardation, and hospitals, DEL} {ADD health ADD} for earliest possible evaluation and treatment.

21-28-5.04. Forfeiture of property and money. -- (a) Any property, real or personal, including but not limited to vessels, vehicles, or aircraft, and money or negotiable instruments, securities, or other things of value or any property constituting, or derived from any proceeds, furnished or intended to be furnished by any person for the transportation of or in exchange for a controlled substance and which has been or is being used in violation of section 21-28-4.01(A) or (B) or in, upon or by means of which any violation of section 21-28-4.01(A) or (B) or section 21-28-4.01.1 or section 21-28-4.01.2 has taken or is taking place and all real property including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, which is used in the commission of a violation of section 21-28-4.01(A) or (B) or section 21-28-4.01.1 or section 21-28-4.01.2, or which was purchased with funds obtained as a result of the commission of a violation of section 21-28-4.01(A) or (B) or section 21-28-4.01.1 or section 21-28-4.01.2, shall be seized and forfeited; provided that no property or money, as enumerated above, used by any person shall be forfeited under the provisions of this chapter unless it shall appear that the owner of the property or money had knowledge, actual or constructive, and was a consenting party to the alleged illegal act. All moneys, coin and currency, found in close proximity to forfeitable controlled substances, to forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records of the importation, manufacture, or distribution of controlled substances, are presumed to be unlawfully furnished in exchange for a controlled substance or otherwise used in violation of this chapter.

The burden of proof is upon claimants of the property to rebut this presumption.

(b) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure and whenever property or money is forfeited under this chapter it shall be utilized as follows:

(1) Where the seized property is a vessel, vehicle, aircraft, or other personal property it may be retained and used by the law enforcement agency that seized the property where the use of the property is reasonably related to the law enforcement duties of the seizing agency. If the seized property is a motor vehicle which is inappropriate for use by law enforcement agency due to style, size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade in value of the vehicle towards the purchase of an appropriate vehicle for use for activities reasonably related to law enforcement duties.

(2) The law enforcement agency may sell any forfeited property which is not required by this chapter to be destroyed and which is not harmful to the public. The proceeds from the sale are to be distributed in accordance with subdivision (3).

(3) As to the proceeds from the sale of seized property as referred to above in subsection (b)(2) and as to moneys, coin and currency, negotiable instruments, securities, or other things of value as referred to in subsection (a) of this section, the distribution shall be as follows:

(A) (i) All proceeds of the forfeiture of real or personal property shall be distributed as follows: All costs of advertising administrative forfeitures shall first be deducted from the amount forfeited. Of the remainder, twenty percent (20%) of the proceeds shall be provided to the attorney general's department to be used for further drug-related law enforcement activities including, but not limited to, investigations, prosecutions and the administration of this chapter; seventy percent (70%) of the proceeds shall be divided among the state and local law enforcement agencies proportionately based upon their contribution to the investigation of the criminal activity related to the asset being forfeited; and ten percent (10%) of the proceeds shall be provided to the department of {DEL mental health, retardation and hospitals and the department of DEL}health for distribution to substance abuse treatment programs.

(ii) The law enforcement agencies involved in the investigation with the assistance of the attorney general shall by agreement determine the respective proportionate share to be received by each such agency. If the agencies are unable to reach agreement, application shall be made by one or more of the agencies involved to the presiding justice of the superior court, who shall determine the respective proportionate share attributable to each law enforcement agency. The proceeds from all forfeitures shall be held by the general treasurer in a separate account until such time as an allocation is determined by agreement of the agencies or by the presiding justice. It shall be the duty and responsibility of the general treasurer to disburse the allocated funds from the separate account to the respective law enforcement agencies.

(B) Each state or local law enforcement agency shall be entitled to keep the forfeited money or the proceeds from sales of forfeited property. The funds shall be used for law enforcement purposes and investigations of violations of this chapter. The funds received by a state law enforcement agency shall be maintained in a separate account by the general treasurer. The funds received by a local law enforcement agency shall be maintained in a separate account by the local agency's city or town treasurer.

(c) There is hereby established in the state's treasury a special fund to be known as the asset forfeiture fund in which shall be deposited the excess proceeds of forfeitures arising out of criminal acts occurring before July 1, 1987. The asset forfeiture fund shall be used to fund drug-related law enforcement activity and the treatment and rehabilitation of victims of drug abuse. The fund shall be administered through the office of the general treasurer. The presiding justice of the superior court shall have the authority to determine the feasibility and amount of disbursement to those state or local law enforcement agencies which have made application.

Upon the application of any law enforcement agency of the state of Rhode Island when a special need exists concerning the enforcement of the provisions of this chapter the attorney general or his or her designee may apply to the presiding justice of the superior court for the release from the general treasury sums of money. When the presiding justice upon consideration of the reasons set forth by that agency deems them to be reasonable and necessary to the accomplishment of a goal within the powers and duties of that law enforcement agency, he or she may issue an order ex parte providing for the release of the funds.

(d) Each law enforcement agency making any seizure(s) which result(s) in a forfeiture pursuant to this section shall certify and file with the state treasurer between January 1 and January 30 an annual report detailing the property or money forfeited during the previous calendar year and the use or disposition of the property or money. The report shall be made in such form and manner as may be provided or specified by the treasurer and the aforementioned annual law enforcement agency reports shall be provided to the local governmental body governing the agency and to the house and senate judiciary committees.

(e) Any law enforcement agency whose duty it is to enforce the laws of this state relating to controlled substances is empowered to authorize designated officers or agents to carry out the seizure provisions of this chapter. It shall be the duty of any officer or agent so authorized or designated or authorized by law, whenever he or she shall discover any property or monies which have been or are being used in violation of any of the provisions of this chapter, or in, upon or by means of which any violation of this chapter has taken or is taking place, to seize such property or monies and to place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to those provisions.

SECTION 4. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended to read as follows:

36-4-2. Positions in unclassified service. -- The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:

(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.

(2) Employees of both houses of the general assembly.

(3) Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.

(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.

(5) The following specific offices:

(i) In the department of administration: director, chief information officer;

(ii) In the department of business regulation: director;

(iii) In the department of elementary and secondary education: commissioner of elementary and secondary education;

(iv) In the department of higher education: commissioner of higher education;

(v) In the department of health: director;

(vi) In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;

(vii) In the department of environmental management: director;

(viii) In the department of transportation: director, employees of the division of administrative adjudication as defined in section 31-43-1;

(ix) In the department of human services: director;

(x) In the state properties committee: secretary;

(xi) In the workers' compensation court: judges, administrator, deputy administrator, members of the workers' compensation fraud prevention unit, clerk, assistant clerk, clerk secretary;

(xii) In the department of elderly affairs: director;

(xiii) In the department of mental health, retardation, and hospitals: director; {DEL administrator of the Dr. Joseph H. Ladd Center; DEL}

(xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;

(xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;

(xvi) In the public utilities commission: public utilities administrator;

(xvii) In the water resources board: general manager.

(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.

(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.

(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.

(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, jurors and any persons appointed by any court.

(12) Election officials and employees.

(13) Sheriffs, deputy sheriffs, and their employees.

(14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.

(15) (i) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.

(ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the unclassified pay plan board. The unclassified pay plan board may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

(16) Members of the division of state police.

(17) Executive secretary of the Blackstone Valley district commission.

(18) Artist and curator of state owned art objects.

(19) Mental health advocate.

(20) Child advocate.

SECTION 5. Sections 40.1-3-3, 40.1-3-9, and 40.1-3-10 of the General Laws in Chapter 40.1-3 entitled "Curative Services" are hereby amended to read as follows:

40.1-3-3. Sanatorium known as Zambarano Memorial Hospital. -- In tribute to the memory of the late Dr. U. E. Zambarano, former superintendent of the state sanatorium, counselor, administrator, and humanitarian, whose "friendly deportment fostered a spirit of cooperation and unity," the state sanatorium at Wallum Lake, Rhode Island, shall hereafter be known as the Doctor U. E. Zambarano {DEL Memorial Hospital. DEL} {ADD unit of the Eleanor Slater Rehabilitative Hospital. ADD}

40.1-3-9. Staff and employees of the state of Rhode Island medical center. -- The director of mental health, retardation, and hospitals shall appoint {DEL a superintendent or administrator of the institute of mental health within the state of Rhode Island medical center and a superintendent or administrator of the general hospital within the state of Rhode Island medical center, and each such appointee shall be in the classified service and have control and management of the respective institution to which he or she is appointed as herein provided. The director shall also appoint assistant superintendents or assistant administrators and such other DEL}employees as he or she may deem necessary for the proper management of the institutions.

40.1-3-10. Staff and employees of hospital. -- The director of mental health, retardation, and hospitals shall appoint a medical superintendent of the {DEL general hospital within the state of Rhode Island medical center DEL} {ADD Eleanor Slater Rehabilitative Hospitals ADD} who, under the direction of the director, shall have the control and management of the institution. There shall be {DEL an assistant superintendent of the institution who shall be appointed by the director, and DEL} such other {DEL assistants and DEL} employees as the director may deem necessary for the proper management of the hospital shall be appointed by the director, and he or she may discharge them or any of them at his or her pleasure, subject to the provisions of chapter 4 of title 36.

SECTION 6. Section 40.1-23-6 of the General Laws in Chapter 40.1-23 entitled "Parental Succession--Retarded Persons" is hereby amended to read as follows:

40.1-23-6. Rights and privileges of parental successor. -- (a) The parental successor, during the period he or she is actually serving, shall have the right to exercise an active and continuing interest in, and to be informed concerning the health, education, recreation, and general welfare of the person for whom he or she is named parental successor. The parental successor shall be permitted to take the person from the {DEL Doctor Joseph H. Ladd Center, DEL} other state authorized facilities, profit, nonprofit, or private facilities on visits, trips, or vacations the same as a parent.

(b) The directors, supervisors, superintendents, operators, or foster parents, of such facilities shall inform, advise, and consult with the parental successor, when actually serving, regarding the person for whom the parental successor was named, as though he or she were the natural parent of the person, on all matters pertaining to his or her health, education, recreation, general welfare, and including but not limited to matters of medical treatment, surgery, placement, and discharge.

(c) A parental successor shall have the rights and privileges conferred by this section although the person for whom he or she is named parental successor is on placement from any facility operated by the department of mental health, retardation, and hospitals, or other facility and not physically resident therein.

SECTION 7. Section 42-12.1-9 of the General Laws in Chapter 42-12.1 entitled "Department of Mental Health, Retardation, and Hospitals" is hereby amended to read as follows:

42-12.1-9. The Eleanor Slater Rehabilitation Hospital. -- The {DEL facility DEL} {ADD facilities ADD} known as the general hospital {ADD , the institution of mental health and the Dr U. E. Zambarano ADD} within the state of Rhode Island {DEL medical center DEL} shall hereafter be named the Eleanor Slater Rehabilitation Hospital.

SECTION 8. This act shall take effect upon passage.