Title 45
Towns and Cities

Chapter 54
Municipal Detention Facility Corporations

§ 45-54-6. Powers.

Except to the extent inconsistent with any specific provision of this chapter, the corporation has the power:

(1) To sue and be sued, complain, and defend in its corporate name;

(2) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly distinguishable from the seal of any city or town;

(3) To maintain an office at a place or places that it may designate within the boundaries of the city or town whose council established the corporation;

(4) To determine the location and character of any project to be financed under the provisions of this chapter, not inconsistent with local zoning ordinances;

(5) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to mortgage, lease, or sell any of that property;

(6) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, including all real, personal, or mixed properties which it may deem necessary in connection with that, and regardless of whether or not the project or projects shall then be in existence or shall then be partially or wholly constructed;

(7) To lease, as lessor, to any person, firm, partnership, or corporation, either public or private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease upon the failure of the lessee to comply with any of the obligations of the lease;

(8) To lease, as lessee, any property, real, personal or mixed, or any interest in property;

(9) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever it finds an action to be in furtherance of the purposes for which the corporation was established;

(10) To grant options to purchase any of its projects on whatever terms it may deem advisable, and to grant options to renew any leases entered into by it in connection with any of its projects on any terms it may deem advisable;

(11) To issue bonds of the corporation for the purpose of carrying out any of its purposes, payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, all as provided in this chapter;

(12) As security for the payment of the principal and interest on any bonds so issued and any agreements made in connection with that, to mortgage and pledge any or all of its projects, or any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of the lease or leases;

(13) To borrow money in anticipation of the issuance of bonds for any of its purposes, and to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized by resolution of the corporation;

(14) To make and enter into all contracts, leases, and other agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; provided, that those contracts, leases, and other agreements with the federal government or other federal agency are governed by federal procurement procedures, and other contracts, leases, or other agreements are governed by the procurement requirements of the municipality, if any.

(15) Without limitation of the preceding, to borrow money from, to receive and accept grants for or in aid of construction or acquisition of projects authorized under this chapter from, and to enter into contracts, leases, or other transactions with, the federal government or any federal agency; and to receive and accept from the state or any municipality, and from any other source, aid or contributions of money, property, labor, or other things of value; to be held, used, and applied only for the purposes for which the grants and contributions may be made;

(16) To combine for financing purposes any two (2) or more projects authorized to be acquired or constructed under the provisions of this chapter;

(17) To employ, in its discretion, attorneys, accountants, architectural and engineering consultants, and other officers, employees, or agents as may be necessary in its judgment, and to fix their compensation;

(18) To acquire in the name of the corporation by purchase or otherwise, on terms and conditions and in the manner that it may deem proper, or by the exercise of the rights of condemnation in the manner provided in § 45-54-9, public or private lands, or parts of them or rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, that all public property damaged in carrying out the powers granted by this chapter is restored or repaired and placed in its original condition as nearly as practicable;

(19) To do all other acts and to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter;

(20) To provide for the care, custody, control and transportation of all detainees or inmates committed to detention or incarceration at any project and to take all necessary steps to maintain security, safety and order, to prevent escapes from any project, to take all necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but not limited to, the development, planning and coordination of emergency riot procedures, and take suitable measures for the restoration of order;

(21) To establish and enforce standards for each project;

(22) To establish and fund training and education programs for employees, under the direction of the warden, the curriculum for which to be approved annually by the police officers’ commission on standards and training, and to hire, promote, transfer, assign, and retain employees for the operation of each project and suspend, demote, discharge, or take other necessary disciplinary action with regard to such employees;

(23) To determine the methods, means, and personnel by which the operation of each project is to be conducted;

(24) To relieve employees of duty because of lack of work or for other legitimate reasons;

(25) To investigate grievances of its employees and to inquire into alleged misconduct by employees;

(26) To make and promulgate necessary rules and regulations incident to the corporation’s exercise of its powers and the performance of the corporation’s duties, including, but not limited to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, communication and visiting privileges, classification, education, training, employment, care, and custody for all persons detained at any project; and

(27) To delegate any or all of the above referenced powers to its duly designated agents, servants, consultants or employees at its discretion, who being so designated may exercise said power(s) on behalf of the corporation.