Title 42
State Affairs and Government

Chapter 56
Corrections Department

§ 42-56-36. Transfer of powers and functions from department of corrections.

(a) There are hereby transferred to the department of administration:

(1) Those functions of the department of corrections which were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c);

(2) All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of corrections who were performing strategic planning functions as defined in § 42-11-10(c);

(3) So much of other functions or parts of functions and employees and resources, physical and funded, of the director of corrections as are incidental to and necessary for the performance of the functions transferred by subdivisions (a)(1), (a)(2) and (a)(4) of this section; and

(4) Those functions and duties of the department of corrections, which were administered through or with respect to departmental programs relating to the Rhode Island state marshals. The department of corrections shall transfer to the department of administration all resources, including positions, property, and accounts, and other funding pertinent to the state marshals, that are presently allocated to the state marshals.

(b) The functions and duties of the Rhode Island state marshals that are transferred to the division of sheriffs within the department of administration consist of the following:

(1) To be responsible for transportation statewide of prisoners, to and from police departments, the adult correctional institutions, all courthouses, and other places of detention;

(2) To transport persons arrested by state and local police departments to places of detention; provided, however, nothing in this section shall prevent state and local police departments from transporting those persons;

(3) To supervise the conduct of and maintain order and discipline of the prisoners in their custody;

(4) To be responsible for the custody and safety of prisoners while being transported to and from court sessions, places of detention, and outside hospitals prior to commitment to the adult correctional institutions;

(5) To be responsible for the custody and security of prisoners detained in the cellblock areas in the Kent County courthouse and Providence County superior courthouse and for the security of these prisoners during the hearing of their cases, and while in outside hospitals prior to commitment to the adult correctional institutions;

(6) To be responsible for the safety and welfare of prisoners in their custody;

(7) To provide all security in connection with transportation in the execution of extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers), arrest affidavits, interstate compact extradition, and criminal detainers; and

(8) To carry firearms as prescribed.