§ 42-56-10. Powers of the director.
In addition to exercising the powers and performing the duties, which are otherwise
given to the director by law, the director of the department of corrections shall:
(1) Designate, establish, maintain, and administer those state correctional facilities
that the director deems necessary, and may discontinue the use of those state correctional
facilities that the director deems appropriate for that action;
(2) Maintain security, safety, and order at all state correctional facilities, utilize
the resources of the department to prevent escapes from any state correctional facility,
take all necessary precautions to prevent the occurrence or spread of any disorder,
riot, or insurrection of any state correctional facility, including, but not limited
to, the development, planning, and coordination of emergency riot procedures, and
take suitable measures for the restoration of order;
(3) Establish and enforce standards for all state correctional facilities;
(4) Supervise and/or approve the administration by the assistant directors of the department;
(5) Manage, direct, and supervise the operations of the department;
(6) Direct employees in the performance of their official duties;
(7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge,
or take other necessary disciplinary action;
(8) Maintain the efficiency of the operations of the department;
(9) Determine the methods, means, and personnel by which those operations of the department
are to be conducted;
(10) Relieve employees from duties because of lack of work or for other legitimate reasons;
(11) Establish, maintain, and administer programs, including, but not limited to, education,
training, and employment, of persons committed to the custody of the department, designed
as far as practicable to prepare and assist each person to assume the responsibilities
and exercise the rights of a citizen of this state;
(12) Establish a system of classification of persons committed to the custody of the department
for the purpose of developing programs for each person. In order to effectively develop
an individualized program for each sentenced inmate that will address each offender's
individual treatment and rehabilitative needs, the department of corrections is authorized
to receive, with the express consent of the inmate, and upon request to the department
of children, youth and families, the offender's juvenile arrest and/or adjudication
records. Information related to the juvenile's family members and other third parties,
excluding law enforcement personnel, shall be redacted from the records provided prior
to their release to the department. The records will be disclosed to only those department
personnel directly responsible for, and only for the purpose of, developing the individualized
program for the offender;
(13) Determine at the time of commitment, and from time to time thereafter, the custody
requirements and program needs of each person committed to the custody of the department
and assign or transfer those persons to appropriate facilities and programs;
(14) Establish training programs for employees of the department, including the use of
an application system for the department's correctional officer training academy that
leverages other law enforcement entity recruiting and the establishment of any fee
associated with such system, provided that a state application process compliant with
§ 28-6.3-1 also be provided;
(15) Investigate grievances and inquire into alleged misconduct within the department;
(16) Maintain adequate records of persons committed to the custody of the department;
(17) Establish and maintain programs of research, statistics, and planning, and conduct
studies relating to correctional programs and responsibilities of the department;
(18) Utilize, as far as practicable, the services and resources of specialized community
agencies and other local community groups in the development of programs, recruitment
of volunteers, and dissemination of information regarding the work and needs of the
department;
(19) Make and enter into any contracts and agreements necessary or incidental to the performance
of the duties and execution of the powers of the department, including, but not limited
to, contracts to render services to committed offenders, and to provide for training
or education for correctional officers and staff;
(20) Seek to develop civic interest in the work of the department and educate the public
to the needs and goals of the corrections process;
(21) Expend annually in the exercise of the director's powers, performance of the director's
duties, and for the necessary operations of the department those sums that may be
appropriated by the general assembly;
(22) Make and promulgate necessary rules and regulations incident to the exercise of the
director's powers and the performance of the director'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 committed to correctional
facilities;
(23) Make and promulgate regulations to provide:
(i) Written notice to licensed nursing facilities, licensed assisted-living residences,
and housing for the elderly whenever a person seeking to reside in one of these facilities
or residences is being released on parole for any of the following offenses: murder,
voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree
sexual assault, third-degree sexual assault, assault on persons sixty (60) years of
age or older, assault with intent to commit specified felonies (murder, robbery, rape,
or burglary), felony assault, patient abuse, neglect or mistreatment of patients,
burglary, first degree arson, felony larceny, or robbery;
(ii) A risk assessment process to identify and recommend safety or security measures necessary
for the protection of other residents or clients, including whether the parolee should
be prohibited from residing in any such facility or residence or segregated from other
residents or clients to protect the security and safety of other residents;
(iii) The written notice to licensed nursing facilities, assisted living residences, or
housing for the elderly shall include charge information and disposition about the
offense for which the resident or client has been paroled, contact information for
the resident's or client's parole supervisor, a copy of the risk assessment and recommendations,
if any, regarding safety and security measures. A copy of the written notice shall
be provided to the parolee; and
(iv) A process for notifying the appropriate state regulatory agency and the state long-term
care ombudsman whenever notice as required in subsection (23)(i) of this section has
been given;
(24) Notwithstanding the enumeration of the powers of the director as set forth in this
section, and notwithstanding any other provision of the general laws, the validity
and enforceability of the provisions of a collective bargaining agreement shall not
be contested, affected, or diminished, nor shall any arbitration award be vacated,
remanded or set aside on the basis of an alleged conflict with this section or with
any other provision of the general laws.