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title-30•Title 30 — Military Affairs and Defense
title-30R.I. Gen. Laws tit. 30Code1 janv. 1900
Chapters 1 — 14 of this title shall be cited and known as the “Military Code of Rhode Island”.
History of Section. P.L. 1956, ch. 3742, G.L. 1956, § 30-1-1.
The militia of the state shall consist of all able-bodied male citizens of the state and all other able-bodied males who have, or shall have, declared their intention to become citizens of the United States, resident within the state, and who shall be more than eighteen (18) years of age and, except as hereinafter provided, not more than forty-five (45) years of age, and such other persons as may upon their own application be enlisted or commissioned therein.
History of Section. P.L. 1956, ch. 3742, par. 1; G.L. 1956, § 30-1-2.
The governor may authorize the appointment or enlistment of female citizens of the state between the ages of eighteen (18) and forty-five (45) in the medical corps, nursing corps, and other noncombatant branches and services of the national guard or unorganized militia, and while so serving, they shall have the same status as male members of the non-combatant branches and services.
History of Section. P.L. 1956, ch. 3742, par. 1; G.L. 1956, § 30-1-3.
The militia of the state shall be divided into four (4) classes:
(1) The Rhode Island national guard, which shall be sub-divided into the Rhode Island army national guard and the Rhode Island air national guard;
(2) The naval militia;
(3) The independent chartered military organizations; and
(4) The unorganized militia.
History of Section. P.L. 1956, ch. 3742, par. 2; G.L. 1956, § 30-1-4; P.L. 1962, ch. 66, § 1.
The unorganized militia shall consist of all persons liable to service in the militia who are not members of the national guard, naval militia, or independent chartered military organizations.
History of Section. P.L. 1956, ch. 3742, par. 3; G.L. 1956, § 30-1-5.
Whenever the governor deems it necessary, he or she may order an enrollment to be made of all persons liable to service in the militia. The enrollment shall be accomplished and exemptions from liability to perform militia duty shall be determined and established in accordance with rules and regulations to be prescribed by the governor, and the rules and regulations so prescribed shall have the force and effect of law. Any person required to perform any act under this section who neglects or refuses to properly perform that act shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 4; G.L. 1956, § 30-1-6.
The following persons shall be exempt from militia duty:
(1) Persons exempt from militia duty by the laws of the United States;
(2) Persons who have held the office of governor or lieutenant-governor of the state; and
(3) Persons of the following description, so long as they shall remain of the description:
(A) The lieutenant-governor;
(B) The secretary of state;
(C) The attorney general and the assistant attorneys general;
(D) The general treasurer;
(E) Director of administration;
(F) The budget officer and the controller both of the department of administration;
(G) The commissioner of the department of education;
(H) The members of both houses of the general assembly and the officers of those houses;
(I) The justices and clerks of courts of record;
(J) The recorder of deeds;
(K) Deputy sheriffs;
(L) The director of the department of human services;
(M) The assistant director of social and rehabilitative services in charge of the community services division;
(N) Mayors of cities;
(O) Members of the city and town councils;
(P) City and town clerks;
(Q) City and town treasurers;
(R) Ministers of the gospel;
(S) Practicing physicians;
(T) Superintendents, officers and assistants employed in or about any of the state hospitals, state infirmaries, state reformatories, state prisons, jails or houses of correction;
(U) Keepers of lighthouses;
(V) Marine pilots;
(W) Seamen actually employed on board of any vessel; and
(X) Active members of fire companies who are part of the active fire department of the town or city in which they reside, not exceeding twenty (20) persons to any one company, unless otherwise provided by special enactment.
History of Section. P.L. 1956, ch. 3742, par. 5; G.L. 1956, § 30-1-7; P.L. 2012, ch. 324, § 57.
All persons who because of religious belief shall claim exemption from militia service, if the conscientious holding of that belief by the person shall be established under the regulations prescribed by the governor, shall be exempted from militia service in a combatant capacity, but no person so exempted shall be exempt from militia service in any capacity that the governor shall declare to be noncombatant.
History of Section. P.L. 1956, ch. 3742, par. 5; G.L. 1956, § 30-1-8.
All acts of the Congress of the United States, regulations issued thereunder, the Uniform Code of Military Justice (10 U.S.C. §§ 801 — 946), forms, precedents, customs, and usages relating to and governing the army of the United States and the militia shall, insofar as they are applicable and not inconsistent with the constitution of this state, apply to and govern the militia of this state.
History of Section. P.L. 1956, ch. 3742, par. 6; G.L. 1956, § 30-1-9.
The intent of chapters 1 — 14 of this title is to conform to all acts and regulations of the United States affecting the same subjects, and all provisions of these chapters shall be construed to effect this purpose.
History of Section. P.L. 1956, ch. 3742, par. 7; G.L. 1956, § 30-1-10.
Whenever different parts of the militia are ordered out together for any services within the state, or otherwise are on duty together, the senior commissioned officer of the field or line of the national guard shall be in command of all those different parts of the militia.
History of Section. P.L. 1956, ch. 3742, par. 8; G.L. 1956, § 30-1-11.
The governor shall be the captain general and commander-in-chief of the military and naval forces of the state, except when they shall be called into the service of the United States.
History of Section. P.L. 1956, ch. 3742, par. 15; G.L. 1956, § 30-2-1.
There shall be a staff of the commander-in-chief. The staff shall consist of:
(1) The adjutant general who shall be chief of staff, commanding general of the Rhode Island army and air national guard, and paymaster general with the rank not to exceed that of major general;
(2) The assistant adjutant general who shall be assistant chief of staff;
(3) One state judge advocate who shall be an officer of the organized militia; and
(4) Eight (8) aides-de-camp who shall be detailed by the commander-in-chief from the commissioned officers of the national guard or naval militia, in active or retired service; provided, however, the commander-in-chief may appoint as five (5) of the eight (8) aides-de-camp honorably discharged commissioned officers, who were in the military or naval services of the United States in time of war; or commissioned officers with the rank of their commissions therein, of the armed forces reserve of the United States or the retired list of officers of the regular armed forces of the United States; and, provided, further, that, when the national guard is absent from the state in the active military service of the United States, the commander-in-chief, in his or her discretion, may detail as aides-de-camp commissioned officers of the state guard, but in no event shall the total number of aides-de-camp on the staff of the commander-in-chief exceed eight (8). Officers detailed from the national guard, the naval militia, or the state guard, shall have the rank of their commissions in the national guard, naval militia, or state guard and shall not be relieved from duty with their organizations during their term of office on the staff of the commander-in-chief. Honorably discharged commissioned officers appointed as aides-de-camp by the commander-in-chief shall have the same rank as they held at the time of their discharge from the military or naval service of the United States or of any higher rank to which they are entitled at the time of their appointment. All aides-de-camp shall hold office during the term of office of the commander-in-chief or at his or her pleasure.
History of Section. P.L. 1956, ch. 3742, par. 16; G.L. 1956, § 30-2-2; P.L. 1961, ch. 2, § 1; P.L. 1961, ch. 14, § 1; P.L. 1969, ch. 64, § 1.
The governor may make and publish all necessary rules and regulations and issue such orders as may be necessary for the organization, discipline, government, training, and use of the militia of the state and they shall have the force and effect of law.
History of Section. P.L. 1956, ch. 3742, par. 17; G.L. 1956, § 30-2-3.
The governor shall not be required to sign or approve vouchers provided for in chapters 1 — 14 of this title; provided, however, that nothing contained in this section shall apply to payments required to be made for expenses and payment of the militia when ordered into service under the provisions of § 30-2-6; and provided, further, that the governor shall have notified the controller, in writing, of his or her desire to avail himself or herself of the provisions of this section, such notification to be effective until withdrawn.
History of Section. P.L. 1956, ch. 3742, par. 18; G.L. 1956, § 30-2-4.
In case of war, invasion, rebellion, insurrection, riot, tumult, public calamity or catastrophe, or other emergency, or imminent danger thereof, or resistance to the laws of this state, or the United States, the governor may, if in his or her judgment the maintenance of law and order and the protection of person and property will thereby be promoted, by proclamation, declare the state, or any part thereof, to be under martial law.
History of Section. P.L. 1956, ch. 3742, par. 19; G.L. 1956, § 30-2-5.
(a) In case of martial law, war, invasion, rebellion, insurrection, riot, tumult, public calamity or catastrophe, or other emergency, or imminent danger thereof, or resistance to the laws of this state, or the United States, the governor shall order into service all or any part of the militia that he or she may deem necessary, to serve until the exigencies shall have passed. If the occasion be so sudden that the governor cannot be informed and his or her orders received and executed, the adjutant general may order into service all or any part of the militia, with like powers and authority as are herein conferred on the governor.
(b) In the event of a request for assistance from the state of Rhode Island or an agency thereof, the governor may order into service all or part of the militia that he or she may deem necessary, to serve for the purposes of providing assistance and support for official state functions, or other state activities for training.
History of Section. P.L. 1956, ch. 3742, par. 20; G.L. 1956, § 30-2-6; P.L. 2001, ch. 126, § 1.
The governor, whenever in his or her opinion it shall be necessary, may call boards of officers for settling military questions or for other purposes relative to good order and discipline.
History of Section. P.L. 1956, ch. 3742, par. 21; G.L. 1956, § 30-2-7.
Whenever the exigencies of the service require, the governor may appoint such additional officers, with rank not exceeding that of colonel, as may be actually necessary to perform the duties required, and these officers shall receive the same pay and allowances as are allowed officers of similar rank in the national guard; provided, however, that whenever the exigency ceases to exist, the officers appointed under this chapter shall be mustered out of service.
History of Section. P.L. 1956, ch. 3742, par. 22; G.L. 1956, § 30-2-8.
(a) The governor may organize, alter, increase, divide, annex, consolidate, reorganize, disband, or decrease any unit, organization, staff corps, and department whenever, in his or her judgment, the efficiency of the state militia will be thereby increased, or to make the state conform to any table of organization or system of training prescribed by the laws of the United States, or the rules or regulations prescribed thereunder for the organization and training of the national guard.
(b) For that purpose, the number of commissioned officers, warrant officers, and enlisted men in any unit, organization, staff corps, and department may be increased or diminished and the grades of these commissioned officers, warrant officers, and enlisted men may be altered to the extent necessary to conform thereto.
(c) No organization of the national guard shall be disbanded, nor its minimum strength reduced, except in conformity with the laws of the United States.
History of Section. P.L. 1956, ch. 3742, par. 23; G.L. 1956, § 30-2-9.
(a) Whenever the militia, or any part thereof, is called, ordered, or drafted under the Constitution and laws of the United States, the governor shall order for this service the national guard, the naval militia, if organized, and if the number available is insufficient, he or she shall order out such other part of the militia as may be necessary.
(b) Upon the termination of an emergency, all persons drafted for the emergency as national guard when discharged from federal service shall resume their membership in the national guard. These persons shall continue to serve in the national guard until the dates upon which their enlistment entered into prior to the draft would have expired, if uninterrupted, under regulations to be prescribed by the governor.
History of Section. P.L. 1956, ch. 3742, par. 24; G.L. 1956, § 30-2-10.
The governor may order or authorize the militia, or any portion thereof, to perform military duty of every description and to participate, either within or without the state, in drills, instruction, target practice, practice marches, camps of instruction, encampments, maneuvers, assemblages, conferences, schools, or competitions.
History of Section. P.L. 1956, ch. 3742, par. 25; G.L. 1956, § 30-2-11.
There shall be an adjutant general with rank not to exceed that of lieutenant general. The adjutant general shall be appointed by the governor and shall hold office for a term of four (4) years from the time of appointment and until his or her successor shall be appointed in his or her place and stead; provided, however, that this appointment may be revoked by the governor for cause or if the adjutant general shall have been found to be physically unfit for service, as provided by § 30-3-22. The first appointment under this section shall be made on the first Tuesday of January, 1967, or within ten (10) days thereafter, and subsequent appointments shall be made during the similar period in each fourth year thereafter. By virtue of his or her office, the adjutant general shall be the chief of staff to the governor and the commanding general of the Rhode Island army and air national guard; he or she shall be subordinate to only the governor in matters pertaining to the military and naval affairs of the state. The adjutant general shall perform such duties as may be required by chapters 1 — 14 and any other law of the state, and such other duties as pertain to the adjutant general under the regulations and customs of the United States Department of Defense and the laws of Rhode Island.
History of Section. P.L. 1956, ch. 3742, par. 30; G.L. 1956, § 30-2-12; P.L. 1966, ch. 42, § 1; P.L. 1966, ch. 229, § 1; P.L. 1969, ch. 64, § 2; P.L. 1988, ch. 428, § 1; P.L. 2002, ch. 195, § 1; P.L. 2002, ch. 196, § 1.
No person shall be eligible to hold the office of adjutant general unless he or she holds, or has held, a commission of at least colonel in the armed forces of the United States, or in a reserve component thereof, and shall have served not less than five (5) years in one or more of the federal services, and shall meet the criteria for federal recognition in the rank to which he or she has been appointed as prescribed by the laws and regulations of the United States.
History of Section. P.L. 1956, ch. 3742, par. 30; G.L. 1956, § 30-2-13; P.L. 1966, ch. 229, § 2; P.L. 1969, ch. 64, § 3.
The governor shall require the adjutant general to give bond to the state in the sum of ten thousand dollars ($10,000), with good and sufficient surety, to be approved by the governor, to faithfully discharge the duties of his or her office as adjutant general. The costs of the bond are to be paid for by state funds.
History of Section. P.L. 1956, ch. 3742, par. 30; G.L. 1956, § 30-2-14.
The adjutant general shall have a seal of office approved by the governor, and all papers and copies thereof in the military division of the executive department duly certified and authenticated under that seal shall be evidence in like manner as if the original were produced.
History of Section. P.L. 1956, ch. 3742, par. 30; G.L. 1956, § 30-2-15.
There shall be two (2) assistant adjutants general with rank not to exceed that of brigadier general, one of whom shall be detailed by the adjutant general, with the approval of the governor, from the federally recognized officers, or from the retired officers, of the Rhode Island army national guard, and one of whom shall be detailed by the adjutant general, with the approval of the governor, from the federally recognized officers, or from the retired officers, of the Rhode Island air national guard; provided, however, that, when the Rhode Island national guard is in the active military service of the United States, there shall be only one assistant adjutant general, who shall be detailed by the adjutant general, with the approval of the governor, from the officers of the Rhode Island state guard. These assistant adjutants general shall hold office at the pleasure of the adjutant general and shall serve as commanding officers for Rhode Island code of military justice purposes. They shall perform such duties as may be assigned to them by the adjutant general in addition to their other duties in the national guard, if any. In the absence from the state of the adjutant general, the assistant adjutant general detailed from the army national guard shall be authorized to perform all duties provided by law or regulation for the adjutant general.
History of Section. P.L. 1939, ch. 660, § 14; P.L. 1956, ch. 3742, par. 31; G.L. 1956, § 30-2-16; P.L. 1973, ch. 272, § 1; P.L. 2013, ch. 51, § 1; P.L. 2013, ch. 63, § 1.
(a) The governor shall appoint, designate, or detail, upon recommendation of the adjutant general, subject to the approval of the secretary of defense, an officer of the national guard who shall be regarded as property and fiscal officer of the United States, and state property officer. He or she shall receipt and account for all funds and property belonging to the United States in possession of the national guard and shall make such returns and reports concerning the funds and property as may be required by the Secretary of Defense.
(b) The United States property and fiscal officer shall be designated as the state quartermaster and shall issue and be held accountable for, under the adjutant general, all state military property and shall make such property returns and reports of the military property as the adjutant general may direct.
(c) The governor shall require the state quartermaster to give bond to the state in such sum as the governor may require and with good and sufficient surety, to be approved by the governor to faithfully discharge the duties of the office of the state quartermaster. The costs of the bond is to be paid for by state funds.
(d) The general assembly shall annually appropriate such a sum as it may deem necessary to compensate the property and fiscal officer, provided that no person receiving annual compensation from the state for other service shall be paid as property and fiscal officer.
History of Section. P.L. 1956, ch. 3742, par. 35; G.L. 1956, § 30-2-17.
The adjutant general shall annually make a report of the militia to the general assembly at its January session, and also present a copy of the report to the governor on or before the first day of January or at such other time as he or she shall direct. The report shall contain a detailed account of all moneys appropriated by the state and expended for the militia, and also, as far as such details are available to him or her, of all other money expended for the militia from whatever sources these moneys may be derived, and showing all these sources.
History of Section. P.L. 1956, ch. 3742, par. 32; G.L. 1956, § 30-2-18.
The adjutant general shall attend to the care, preservation, and repairing of the arms, ammunition, equipment, clothing, and all other military property belonging to the state, except insofar as this duty has been reposed in the department of administration. He or she shall annually make an inventory of the military property of the state and present a copy of the inventory to the governor on or before the first day of January, or at such other times as the governor shall direct. The inventory shall show, in detail, the disposition of all arms, ammunition, equipment, clothing, and other military property on hand or issued. The adjutant general is hereby empowered to rent armories in this state for periods not exceeding two (2) weeks rent free or for whatever rental and conditions and for whatever purpose the adjutant general, in his or her sole discretion, shall deem proper.
History of Section. P.L. 1956, ch. 3742, par. 33; G.L. 1956, § 30-2-19; P.L. 1970, ch. 151, § 1.
The adjutant general shall annually cause to be made an inspection of the armories of the militia, and of the arms, equipments, uniforms, and other property in the possession of the militia.
History of Section. P.L. 1956, ch. 3742, par. 34; G.L. 1956, § 30-2-20.
The adjutant general shall, as part of his or her annual report, annually publish a list showing the seniority of officers, with the dates of their commissions or warrants.
History of Section. P.L. 1956, ch. 3742, par. 36; G.L. 1956, § 30-2-21.
The adjutant general may, when necessary, cause the militia laws and regulations of the state, together with such parts of the Constitution, laws, and regulations of the United States, as relate thereto, as he or she deems necessary, to be prepared, procured, printed, and distributed to the officers of the militia and shall also prepare, procure, and issue all printing, stationery, blank books, blanks, forms, notices, and postage, required to carry into effect the provisions of chapters 1 — 14 of this title and the proper administration of the militia. All books, blanks, stationery, and postage issued by the adjutant general shall be receipted for by the officer receiving them, to be held or accounted for by him or her as public property. In the event of the removal from office of the receipting officer, this property, when required by the adjutant general, shall be delivered to his or her successor, returned to the adjutant general, or otherwise satisfactorily accounted for.
History of Section. P.L. 1956, ch. 3742, par. 37; G.L. 1956, § 30-2-22.
The national guard shall consist of such number of federally recognized general officers, officers, warrant officers, and enlisted persons, duly commissioned, warranted, or enlisted therein, including officers and enlisted persons of the staff corps and departments, and organized as to branch or arm of service into such federally recognized units, organizations, corps, departments, or otherwise as shall be authorized by the laws of the United States and the regulations issued thereunder.
History of Section. P.L. 1956, ch. 3742, par. 45; G.L. 1956, § 30-3-1.
The governor shall have power in case of war, insurrection, invasion, riot, public catastrophe or calamity, or imminent danger thereof, to increase the national guard beyond the maximum now established by law and to organize it with the proper officers, as the exigencies of the situation may require, if authorized by the laws of the United States.
History of Section. P.L. 1956, ch. 3742, par. 46; G.L. 1956, § 30-3-2.
During the absence of organizations of the national guard in the service of the United States, their designation shall not be given to, or used by, any other organization.
History of Section. P.L. 1956, ch. 3742, par. 47; G.L. 1956, § 30-3-3.
Whenever any organization of the national guard is disbanded, the personnel thereof shall be disposed of in accordance with regulations.
History of Section. P.L. 1956, ch. 3742, par. 48; G.L. 1956, § 30-3-4.
The commissioned or enlisted strength of any organization of the national guard shall not, without the consent of the President, be reduced below the minimum that shall be prescribed therefor by the President.
History of Section. P.L. 1956, ch. 3742, par. 49; G.L. 1956, § 30-3-5.
Each unit of the Rhode Island national guard will be allowed the sum of one dollar ($1.00) per enlisted person per year to enable purchase of various supplies for use of each unit; provided, however, that no part of this fund shall be used to pay dues or assessments in any club or association. The sums so allowed shall be based upon the average membership in the units for the year ending June 30th in each year. The amount shall be paid to the commanding officer of the respective unit on July 1 of each year and placed in the unit fund. Expenditures from this fund shall be audited by the next higher headquarters every three (3) months.
History of Section. P.L. 1956, ch. 3742, par. 164; G.L. 1956, § 30-3-6.
A sum to provide for § 30-3-6 is hereby annually appropriated, out of any money in the treasury not otherwise appropriated, to carry out the purpose of § 30-3-6; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of this sum upon his or her receipt of properly authenticated vouchers.
History of Section. P.L. 1949, ch. 2213, § 2; G.L. 1956, § 30-3-7.
The inactive national guard shall consist of such headquarters, units, officers, and enlisted persons as are authorized and prescribed, administered, and governed pursuant to the laws of the United States and the regulations issued thereunder.
History of Section. P.L. 1956, ch. 3742, par. 50; G.L. 1956, § 30-3-8.
Commissioned officers and warrant officers of the national guard hereafter appointed shall be citizens of the United States, between the ages of eighteen (18) and sixty (60) years, who shall have successfully passed such tests as to their moral, physical, and professional fitness as shall be prescribed by the laws of the United States and the regulations issued thereunder and as may be prescribed by the governor.
History of Section. P.L. 1956, ch. 3742, par. 55; G.L. 1956, § 30-3-9; P.L. 1976, ch. 23, § 1; P.L. 2006, ch. 559, § 1.
The governor shall appoint, commission, and assign commissioned officers and shall appoint, warrant, and assign warrant officers of the national guard, upon the recommendation of the adjutant general.
History of Section. P.L. 1956, ch. 3742, par. 56; G.L. 1956, § 30-3-10.
Persons hereafter commissioned as officers of the National Guard shall be selected from the following classes:
(1) Officers or enlisted persons of the National Guard;
(2) Officers, active or retired, reserve officers, and former officers of the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard, enlisted personnel and former enlisted personnel of the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard who have received an honorable discharge therefrom;
(3) Graduates of any of the United States military and naval academies;
(4) Graduates of schools, colleges, universities, and officers’ training camps, where they have received military instruction under the supervision of an officer of the armed forces on active duty who certified their fitness for appointment as commissioned officers;
(5) For the technical branches or staff corps and departments, such other civilians as may be specially qualified for duty therein; and
(6) Or otherwise, as the above classes shall be changed or altered by the laws of the United States and the regulations issued thereunder.
History of Section. P.L. 1956, ch. 3742, par. 57; G.L. 1956, § 30-3-11; P.L. 2025, ch. 165, § 8, effective June 24, 2025; P.L. 2025, ch. 166, § 8, effective June 24, 2025.
Commissioned and warrant officers of the national guard shall take and subscribe to the oath of office prescribed by the laws of the United States and any other oath prescribed by the laws of the United States, the governor, or the law of this state.
History of Section. P.L. 1956, ch. 3742, par. 58; G.L. 1956, § 30-3-12.
All commissioned officers of the staff corps and departments, hereafter appointed, shall have had previous military experience, except chaplains, officers of the judge advocate general’s corps, and medical corps officers. They shall hold their positions until they shall have reached the age of sixty (60) years, unless retired prior to that time by reason of resignation or disability, or for cause to be determined by an efficiency board or a court-martial legally convened for that purpose. Vacancies among these officers shall be filled by appointment from the commissioned officers of the national guard or from such other civilians as may be specifically qualified for duty therein.
History of Section. P.L. 1956, ch. 3742, par. 59; G.L. 1956, § 30-3-13.
In the national guard, all commissioned officers of the medical corps must be physicians or surgeons licensed to practice in any state or the District of Columbia in the United States of America; all commissioned officers of the judge advocate general’s department must comply with the provisions of Article II, Rule 2(d) of the Rhode Island Supreme Court Rules; all chaplains must be regularly ordained ministers of the gospel, and any provision as to prior military service shall not apply to these officers.
History of Section. P.L. 1956, ch. 3742, par. 60; G.L. 1956, § 30-3-14; P.L. 1989, ch. 206, § 1; P.L. 1991, ch. 90, § 1; P.L. 2011, ch. 92, § 1; P.L. 2011, ch. 111, § 1.
The governor will be the judge as to the character and professional qualifications of an applicant for appointment as warrant officer. The standards of physical examination will be the same as for officers.
History of Section. P.L. 1956, ch. 3742, par. 61; G.L. 1956, § 30-3-15.
Resignations of commissioned offices or warrant officers of the national guard shall be in writing and directed to the adjutant general and transmitted through and by all intermediate commanders, who shall indorse the resignations with their approval or disapproval, and shall not be effective until accepted by the governor. No officer shall be permitted to resign his or her commission who shall be under arrest, or against whom charges have been preferred; and no resignation shall be accepted until the officer tendering the resignation shall have furnished to the adjutant general satisfactory evidence that he or she has delivered all moneys in his or her hands as an officer, and all books and other property of the state or of the United States in his or her possession, to his or her next superior or inferior officer, authorized by law to receive them, and that his accounts for money or public property are correct, and that he or she is not indebted to the state.
History of Section. P.L. 1956, ch. 3742, par. 62; G.L. 1956, § 30-3-16.
Every commissioned officer and every warrant officer of the national guard shall provide himself or herself with the arms, uniforms, and equipment prescribed and approved by the governor.
History of Section. P.L. 1956, ch. 3742, par. 63; G.L. 1956, § 30-3-17; P.L. 2016, ch. 511, art. 2, § 28.
Every commissioned officer and every warrant officer of the national guard, upon original appointment and upon receipt of federal recognition, may be allowed and paid the sum of seventy-five dollars ($75.00) upon the actual procurement by him or her of the prescribed arms, uniforms, and equipment, and every commissioned officer and every warrant officer of the national guard who shall, in a twelve-month (12) period immediately preceding the first day of May in each year, have maintained and kept his or her prescribed arms, uniforms, and equipment in proper order, may annually, on the first day of May, be allowed and paid the sum of seventy-five dollars ($75.00) or a proportionately less sum for any less period of time. The above sums shall be paid out of the appropriation for the support of the national guard upon the approval of the adjutant general, and upon his or her certification and certification by the intermediate commanders of the organizations that these officers have complied with the requirements of this section; provided, however, that when the national guard is in the active military service of the United States the provisions hereof, where applicable, shall apply to the commissioned officers and warrant officers of the Rhode Island state guard.
History of Section. P.L. 1956, ch. 3742, par. 63; G.L. 1956, § 30-3-18; P.L. 1993, ch. 138, art. 28, § 1.
Each member of the staff of the commander-in-chief provided for in § 30-2-2 shall be allowed and paid the sum of one hundred dollars ($100) upon the actual procurement by him or her of the arms, uniform, and equipment prescribed and every staff member who shall, in a twelve-month (12) period immediately preceding the first day of May in each year, have maintained and kept his or her prescribed arms, uniform, and equipment in proper order, shall annually, on the first day of May, be allowed and paid in addition to the sum set forth in § 30-3-18, the sum of one hundred dollars ($100) or a proportionately less sum for any less period of time. The above sum shall be paid out of the appropriation for the support of the national guard upon the approval of the adjutant general and upon his or her certification that these members have complied with the requirements of this section.
History of Section. P.L. 1956, ch. 3742, par. 63; G.L. 1956, § 30-3-19.
The date of the appointment of a commissioned officer of the national guard shall be expressed in his or her commission and shall be considered as the date thereof. Commissioned officers shall rank according to the date of their commissions. Between officers of the same grade and date of appointment, where there has been no previous military service, the relative rank shall be determined by age, the elder taking precedence. When two (2) officers of the same grade are commissioned as of the same date, their rank shall be determined first, by the length of previous service as a commissioned officer, second, by age, the elder taking precedence.
History of Section. P.L. 1956, ch. 3742, par. 64; G.L. 1956, § 30-3-20.
The capacity and general fitness for service of any commissioned officer or warrant officer of the national guard, may be investigated by an efficiency board. The board shall be appointed by the governor and shall consist of three (3) commissioned officers of the national guard senior in rank, when possible, to the officer under investigation. If the findings of the board be unfavorable to the officer under investigation and are approved by the governor, he or she shall be discharged from the national guard, subject to the provisions of § 30-3-39.
History of Section. P.L. 1956, ch. 3742, par. 65; G.L. 1956, § 30-3-21.
The physical fitness for service of commissioned officers or warrant officers of the national guard shall be determined by a board of five (5) medical persons, who shall be appointed by the governor for that purpose. Two (2) of the medical persons shall be selected by the governor and two (2) shall be selected by the officer under examination. The four (4) medical persons shall select a fifth medical person. The officer shall submit his or her selections to the governor within ten (10) days of receipt of notice that he or she is to be examined for physical fitness. Failure of the officer to submit his or her selections to the governor within the prescribed period of time shall be deemed to have been a waiver of his or her rights and the governor shall select the remaining members of the examining board. The findings and recommendations of the board shall be transmitted to the governor. If the officer is found to be physically unfit for service by a majority vote of the examining board, and the finding is approved by the governor, the officer shall be discharged from the national guard, subject to the provisions of § 30-3-39.
History of Section. P.L. 1956, ch. 3742, par. 66; G.L. 1956, § 30-3-22; P.L. 2016, ch. 511, art. 2, § 28.
No commissioned officer of the national guard shall be dismissed from the service, except by reason of a sentence of dismissal of a general court-martial, which sentence is approved by the governor. No warrant officer of the national guard shall be dismissed from the service except by reason of a sentence of dismissal of a general court-martial or a special court-martial, which sentence is approved by the governor.
History of Section. P.L. 1956, ch. 3742, par. 67; G.L. 1956, § 30-3-23.
A commissioned officer or warrant officer of the national guard may be discharged and his or her commission or warrant terminated, by reason of death; by acceptance by proper authority of resignation; on account of inefficiency; on account of physical disability; absence without leave for three (3) months; dismissal pursuant to sentence of a general court-martial or special court-martial; removal from the state; and upon disbandment of an organization, withdrawal of federal recognition, and for such other reasons as may be prescribed by the governor.
History of Section. P.L. 1956, ch. 3742, par. 68; G.L. 1956, § 30-3-24.
The governor may revoke and cancel the commission of any commissioned officer or the warrant of any warrant officers in his or her discretion. The revocation and cancellation shall not be effectual if, within ten (10) days after receiving notice thereof, the officer shall demand of his or her immediate superior to be informed of the cause thereof and to be tried by a court-martial. If this demand is made, the officer on whom it is made shall transmit the demand to the governor who shall give the officer the required information and order that charges be duly preferred and that a court-martial be convened to try the charges.
History of Section. P.L. 1956, ch. 3742, par. 69; G.L. 1956, § 30-3-25.
The adjutant general shall maintain a list to be known as the unassigned list. A commissioned officer or warrant officer of the national guard may be transferred to the unassigned list:
(1) Pending the acceptance of his or her resignation;
(2) If the officer shall have been absent without leave for over three (3) months;
(3) If the officer shall fail to maintain his or her qualifications for federal recognition;
(4) Pending reassignment after disbandment of organization; and
(5) For such other reasons as may be established by the governor.
History of Section. P.L. 1956, ch. 3742, par. 70; G.L. 1956, § 30-3-26.
Hereafter the qualifications for enlistment and reenlistment in the national guard; period or periods of enlistment; form of enlistment contract to be signed; and oath of enlistment to be subscribed to; shall be as provided by the laws of the United States and the regulations pertaining to the national guard, and of this state.
History of Section. P.L. 1956, ch. 3742, par. 80; G.L. 1956, § 30-3-27.
(a) Enlisted persons in the national guard may be transferred to or from units, organizations, departments, corps, and detachments, or otherwise, as provided under the laws and regulations of the United States pertaining to the national guard.
(b) In each case of transfer, the office of the adjutant general must be notified, in writing, by the officer granting the transfer.
History of Section. P.L. 1956, ch. 3742, par. 81; G.L. 1956, § 30-3-28.
The separation from the service of an enlisted person of the national guard is effected by death or by discharge by proper authority.
History of Section. P.L. 1956, ch. 3742, par. 82; G.L. 1956, § 30-3-29.
Causes for the discharge of enlisted persons of the national guard are as enumerated under the laws of the United States, and the regulations pertaining to the national guard, and for such other reason as the governor deems adequate, satisfactory, and for the best interests of the service.
History of Section. P.L. 1956, ch. 3742, par. 83; G.L. 1956, § 30-3-30.
No enlisted person of the national guard shall be dishonorably discharged from the service except by reason of a sentence of a general court-martial or a special court-martial, which sentence is approved by the governor.
History of Section. P.L. 1956, ch. 3742, par. 84; G.L. 1956, § 30-3-31.
An enlisted person discharged from service in the national guard shall receive a discharge, in writing, in such form and with such classification as is, or shall be, prescribed by the laws of the United States. In time of peace, discharges may be given prior to the expiration of terms of enlistments under such regulations as the Secretary of Defense may prescribe.
History of Section. P.L. 1956, ch. 3742, par. 85; G.L. 1956, § 30-3-32.
The appointment of noncommissioned officers, privates first class, and specialists, in the national guard, and their reductions, shall be made as provided by the laws of the United States and the regulations pertaining to the national guard and of this state.
History of Section. P.L. 1956, ch. 3742, par. 86; G.L. 1956, § 30-3-33.
In time of war or other emergency or imminent danger thereof, the governor may detail retired enlisted persons to active duty and, on conclusion of the emergency, return them to the retired list.
History of Section. P.L. 1956, ch. 3742, par. 87; G.L. 1956, § 30-3-34.
Any federally recognized commissioned officer of the national guard of Rhode Island may administer the oath of enlistment to enlisted persons of the national guard, either within or without the state. A person making oath to any willfully false statement contained in the enlistment contract shall be deemed guilty of perjury and punished as for a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 88; G.L. 1956, § 30-3-35.
When an enlisted person of the national guard attains age sixty (60), he or she shall be retired from active service or discharged.
History of Section. P.L. 1956, ch. 3742, par. 89; G.L. 1956, § 30-3-36; P.L. 1965, ch. 71, § 1.
Any enlisted person who shall have served in the national guard for fifteen (15) years may, upon his or her own application to the commander-in-chief, be placed upon the retired list of enlisted persons and withdrawn from active service; provided, however, that if an enlisted person served in active federal service during World War I, World War II or the Korean Emergency and enlisted in the national guard within six (6) months from the time of discharge from active federal service, that person shall be entitled to have the intervening period counted as state service for the purposes of this section.
History of Section. G.L. 1956, § 30-3-37; P.L. 1965, ch. 71, § 1.
(a) Every commissioned officer or warrant officer of the National Guard shall, upon reaching the age of retirement as provided by the laws of the United States, be placed on the retired list with the rank held by the person at the time of retirement.
(b) Any commissioned officer of the National Guard who shall have served in the militia of the state for ten (10) years, or who shall have served as an enlisted person or officer for thirteen (13) years, may, upon their own application to the commander-in-chief, be placed upon the list of retired officers and withdrawn from active service with the highest rank held by that officer.
(c) In computing the time necessary for retirement, officers shall be credited for all service in the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, and the Rhode Island state guard in time of war.
(d) These officers shall be borne on the rolls of the National Guard and, during any emergency, may be placed on duty by the governor.
History of Section. G.L. 1956, § 30-3-38; P.L. 1965, ch. 71, § 1; P.L. 1980, ch. 327, § 1; P.L. 2025, ch. 165, § 8, effective June 24, 2025; P.L. 2025, ch. 166, § 8, effective June 24, 2025.
Any commissioned officer, warrant officer, or enlisted person, of the national guard, physically disabled in the line of duty, may upon his or her own application to the commander-in-chief, be placed upon the retired list and withdrawn from active service with the highest rank to which he or she has attained.
History of Section. G.L. 1956, § 30-3-39; P.L. 1965, ch. 71, § 1.
Any person who is an active member of the Rhode Island national guard and who is enrolled in, or otherwise eligible to attend, any college or university in Rhode Island and who is not eligible to receive Veterans Administration educational benefits, shall be entitled to an educational benefit amounting to fifty percent (50%) of each semester’s basic tuition or general fee charges, under such provisions as the adjutant general may determine.
History of Section. P.L. 1979, ch. 179, § 1; P.L. 1980, ch. 319, § 1.
Educational benefits supported by state funds shall be limited in the aggregate to the amount hereafter appropriated, or as much thereof as the general assembly may annually appropriate, and distribution of funds in support of educational benefits for national guard members shall be made to any college or university in Rhode Island by the adjutant general on behalf of eligible members on the basis of order of dates in which benefit applications are received in the office of the adjutant general. To carry out the provisions of this section and § 30-3-40, the general assembly shall annually appropriate the sum of thirty-five thousand dollars ($35,000) and the state controller is hereby authorized to draw his or her orders upon the state treasurer for the payment of this sum upon the presentation of properly authenticated vouchers.
History of Section. P.L. 1979, ch. 179, § 1; P.L. 1980, ch. 319, § 1.
In the event of a resumption of a national system of selective service, the provisions of §§ 30-3-40 and 30-3-40.1 shall be terminated within a period of twelve (12) months of the effective date of this selective service and no further state funds shall be appropriated for educational benefits of Rhode Island national guard members, except for those guard members then in attendance under the terms of §§ 30-3-40 and 30-3-40.1.
History of Section. P.L. 1979, ch. 179, § 3; P.L. 1980, ch. 319, § 2.
(a) Any person who is an active member in good standing of the Rhode Island national guard, and who is eligible to attend at any state college or university in Rhode Island, will be eligible for a tuition assistance educational benefit amounting to five (5) courses per semester at any Rhode Island state college or university. Basic tuition or general fee charges to be waived for said five (5) courses. Each of the state colleges or universities shall receive an equal share of the educational account funding for Rhode Island national guard members, the account to be administered by the office of the adjutant general. The exact amount for each institution shall be determined by the board of governors. The total amount of funds in the education account shall not exceed one hundred thousand dollars ($100,000) in any fiscal year.
(b) In order to be eligible for tuition waivers, a person must remain a member in good standing in the Rhode Island national guard and a student in good standing at any state college or university. A member in good standing is defined as any soldier or airperson of the Rhode Island national guard who is currently satisfactorily participating in all unit training assemblies and annual training periods, as so certified by the adjutant general.
(c) Those guard members wishing to participate in this program must enter into a contractual enlistment commitment that provides for one year of obligated service in the Rhode Island national guard for each twelve (12) course credits or four (4) three-credit (3) courses where the soldier’s or airperson’s tuition will be waived. Such assistance shall be available for courses creditable to associate, bachelor’s, or master’s degrees. Failure to satisfactorily fulfill the service obligation incurred in return for tuition assistance will require the participant to repay a pro-rata share of said assistance. This obligation shall be considered to be a debt owed to the state and may be satisfied by offset against any state transfer payments or state income tax refunds. The participating member shall reimburse the Rhode Island national guard when any of the following occur: the soldier fails to participate satisfactorily as a member of the Rhode Island national guard; the soldier withdraws from, or fails to complete, a course for personal reasons; the soldier fails to make up an incomplete grade within time limits stipulated by the institution or one hundred twenty (120) days after the completion of the class, whichever occurs first; or the soldier fails to provide the adjutant general a copy of the grade report within thirty (30) days of course completion and may be subject to punishment under the Rhode Island military code.
History of Section. P.L. 1994, ch. 275, § 1; P.L. 1995, ch. 370, art. 40, § 100; P.L. 1999, ch. 155, § 1; P.L. 1999, ch. 251, § 1; P.L. 2002, ch. 209, § 1; P.L. 2005, ch. 284, § 1; P.L. 2005, ch. 302, § 1; P.L. 2007, ch. 73, art. 9, § 1.
Any member of the national guard who has been mobilized in excess of thirty (30) days and who elects coverage under a term life insurance policy issued by the federal government, shall be reimbursed from the general fund for the cost of premiums incurred by the member for said policy for any month or part thereof that the member has been mobilized. In the event that a member of the national guard elects coverage in an amount in excess of four hundred thousand dollars ($400,000) under such policy, the member shall receive reimbursement from the general fund in an amount not to exceed the amount of the premiums attributable to the first four hundred thousand dollars ($400,000) of coverage under said policy.
History of Section. P.L. 2005, ch. 117, art. 20, § 1; P.L. 2006, ch. 560, § 1; P.L. 2006, ch. 567, § 1.
If an active member of the Rhode Island national guard is killed or dies while in the performance of his or her duty as a member, there shall be paid out of the general fund of the state of Rhode Island the charges for the tuition of children of the deceased member and/or the spouse of the member killed in the line of duty. The benefits are extended to the children and/or spouse who are attending or may attend the University of Rhode Island, Rhode Island College, or any other college or university operated by the state; provided, that the child has entered the institution while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid granted is available to the child and/or spouse for the period of time that may equal the normal time for completing the courses regularly offered by the institution, but in no case more than four (4) years.
History of Section. P.L. 2005, ch. 280, § 1; P.L. 2005, ch. 300, § 1.
(a) There is hereby created the Rhode Island military family relief fund. The purpose of this fund shall be to aid family members of the Rhode Island National Guard and military force reservists and members of the active duty military with either a home of record or military service point of entry being in the State of Rhode Island.
(b) In addition to funds deposited by the general treasurer in accordance with § 44-30-2.9, the adjutant general is authorized to accept any grant, devise, bequest, donation, gift, services in kind, assignment of money, binds or other valuable securities, or moneys appropriated by the general assembly for deposit in and credit of the fund.
(c) The Rhode Island military family relief fund shall be administered by the adjutant general or the adjutant general’s designated representative. The adjutant general shall establish criteria pertaining to eligibility for fund assistance. The funds will be distributed at the discretion of the adjutant general and in accordance with the established criteria to the families of the national guard or military force reservists and members of the active duty military with either a home of record or military service point of entry being in the State of Rhode Island. The criteria for distribution and disbursement shall be established in accordance with chapter 35 of title 42, the “administrative procedures act.”
History of Section. P.L. 2004, ch. 261, § 1; P.L. 2004, ch. 347, § 1; P.L. 2011, ch. 163, § 1; P.L. 2011, ch. 180, § 1; P.L. 2013, ch. 300, § 1; P.L. 2013, ch. 385, § 1.
The independent chartered military organizations shall be constituted as provided, respectively, in their charters, or any amendments thereof. The members of these organizations shall be subject to no age limit other than prescribed respectively by their charters or rules made thereunder and each active member shall be enlisted for a term of at least three (3) years. A copy of the enlistment papers shall be forwarded to the adjutant general and shall be kept on file in his or her office. The adjutant general shall prepare a roll of all active independent chartered military organizations that shall be kept on file in his or her office.
History of Section. P.L. 1956, ch. 3742, par. 100; G.L. 1956, § 30-4-1; P.L. 1979, ch. 135, § 1; P.L. 2016, ch. 511, art. 2, § 29.
The governor is authorized and empowered, in his or her discretion, to order a field day annually for each of the independent chartered military organizations for the purpose of visiting the state rifle range in order that all officers and persons may qualify in rifle practice. Organizations having their own rifle range may hold their field day on that range by making application to the governor, who shall issue proper orders giving the required permission, and detail a proper officer to take charge of the rifle practice on the field day.
History of Section. P.L. 1956, ch. 3742, par. 101; G.L. 1956, § 30-4-2.
The general assembly shall annually appropriate such a sum as it may deem necessary for the purpose of heating, lighting, and repairing the armories of the independent chartered military organizations of the state, which sum shall be apportioned as follows:
(1) For the artillery company in the town of Newport, twenty-five hundred dollars ($2,500);
(2) For the Kentish guards, twenty-five hundred dollars ($2,500);
(3) For the train of artillery in the town and county of Bristol, twenty-five hundred dollars ($2,500);
(4) For the naval militia battalion in their armory afloat, the U.S.S. Providence, two thousand five hundred dollars ($2,500);
(5) For the Glocester light infantry in the town of Glocester, twenty-five hundred dollars ($2,500);
(6) For the Pawtuxet rangers in the city of Cranston, twenty-five hundred dollars ($2,500);
(7) For the Varnum Continentals in the town of East Greenwich, twenty-five hundred dollars ($2,500); and
(8) For the Federal Blues in the town of Warren, twenty-five hundred dollars ($2,500).
History of Section. P.L. 1956, ch. 3742, par. 102; G.L. 1956, § 30-4-3; R.P.L. 1957, ch. 113, § 1; P.L. 1968, ch. 287, § 1; P.L. 1978, ch. 346, § 1; P.L. 1979, ch. 135, § 1; P.L. 1980, ch. 183, § 1; P.L. 1986, ch. 169, § 1; P.L. 1996, ch. 361, § 1; P.L. 2016, ch. 511, art. 2, § 29.
Each independent chartered military organization of the state that has been entered on the approved active roll of the state adjutant general may also receive annually the sum of five hundred dollars ($500) for armorer’s expenses, to be paid in January of each year. The adjutant general shall not allow this sum of five hundred dollars ($500) to be paid unless the functions of the armorer have been properly performed.
History of Section. P.L. 1956, ch. 3742, par. 103; G.L. 1956, § 30-4-4; P.L. 1979, ch. 135, § 1; P.L. 2016, ch. 511, art. 2, § 29.
All provisions of this chapter, insofar as they relate to independent chartered military organizations, shall apply to the naval militia battalion manning the sloop U.S.S. Providence in the same manner as they apply to the independent chartered military organizations mentioned in this chapter.
History of Section. P.L. 1980, ch. 183, § 2.
(a) Any enlisted member of an independent chartered military organization who shall have served as an enlisted member for a period of fifteen (15) years may, upon his or her own application to the governor, be placed upon the retired list of enlisted persons and withdrawn from active service.
(b) When an enlisted person of the militia attains the maximum age provided by the charter of the organization in which he or she enlisted or by rules or regulations made thereunder, that person shall be retired from active service or discharged.
(c) Any commissioned officer who shall have served as a commissioned officer in the militia of the state for ten (10) years, or who shall have served as an enlisted person and officer for thirteen (13) years, may, upon his or her own application to the commander-in-chief, be placed upon the retired list of officers and withdrawn from active service with the highest rank attained; provided, however, that any officer who shall have served in the armed forces of the United States or the Rhode Island state guard in time of war, and has also served as a commissioned officer in the militia of this state for ten (10) years, shall be retired with the rank next higher than the highest rank held by that officer; provided, that no officer shall be retired with a rank higher than the rank of colonel. These officers shall be carried on the retired list of the militia and, during any emergency, may be placed on duty by the commander-in-chief.
History of Section. G.L. 1956, § 30-4-6; P.L. 1965, ch. 71, § 2.
The unorganized militia shall be subject to active duty in case of war or national emergency, or when the governor deems it necessary for the public safety.
History of Section. P.L. 1956, ch. 3742, par. 110; G.L. 1956, § 30-5-1.
Whenever it may be necessary to call out any portion of the unorganized militia for active duty, the governor shall direct his or her order to the mayor of any city or the president of a town council of any town, who, upon the receipt of the order, shall forthwith proceed to draft, by lot, as many of the unorganized militia in the city or town, or accept as many volunteers, as are required by the governor, and shall forthwith give personal notice by proper warrant, to the persons so drafted or volunteering, and make return of service to the governor, together with a list of the persons so drafted or accepted as volunteers.
History of Section. P.L. 1956, ch. 3742, par. 111; G.L. 1956, § 30-5-2.
Every member of the unorganized militia called out, or who volunteers or is drafted under the provisions of chapters 1 — 14 of this title, who, after being duly notified in accordance with the provisions hereof, does not appear at the time and place designated by his or her commanding officer, the mayor, or president of the town council, or who does not produce, from a physician in good standing, a sworn certificate of physical disability so to appear, shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 112; G.L. 1956, § 30-5-3; P.L. 2016, ch. 511, art. 2, § 30.
Any physician or medical officer who shall grant any person a certificate of inability to perform military duty on account of bodily infirmities, after critical examinations, unless this infirmity or inability is such as to render the applicant unable to perform military duty, shall be guilty of a misdemeanor, and in the case of medical officers shall in addition be subject to trial by court-martial.
History of Section. P.L. 1956, ch. 3742, par. 113; G.L. 1956, § 30-5-4.
When the national guard of the state shall have been called, ordered, or drafted into the service of the United States for war or an emergency, the governor shall (and at any time, if he or she deems it necessary for the public safety, when not in conflict with the provisions of the laws of the United States, he or she may) call and organize the unorganized militia, or any part thereof, for active duty and may organize such reserve units thereof as may be necessary or the situation may require for the purpose of training and, if and when he or she may deem it necessary, the governor may order these reserve units, or any part thereof, into service.
History of Section. P.L. 1956, ch. 3742, par. 114; G.L. 1956, § 30-5-5.
The portion of the unorganized militia ordered out or accepted into active service shall be immediately mustered into the service of the state for such a period, shall be organized into such units and organizations, with such officers to be appointed as may be necessary therefor, and shall be armed, equipped, disciplined, administered, governed, and trained as shall be prescribed under rules and regulations to be promulgated by the governor.
History of Section. P.L. 1956, ch. 3742, par. 115; G.L. 1956, § 30-5-6.
The unorganized militia on active duty shall be commanded by the officer of the militia designated for that purpose by the governor.
History of Section. P.L. 1956, ch. 3742, par. 116; G.L. 1956, § 30-5-7.
The unorganized militia on active duty under call of the governor, may be disbanded and mustered out of active service by the governor at any time.
History of Section. P.L. 1956, ch. 3742, par. 117; G.L. 1956, § 30-5-8.
Except as otherwise prescribed in chapters 1 — 14 of this title and in the rules and regulations to be established by the governor, which rules and regulations shall have the force of law, the provisions of law and the regulations in respect to the national guard, where applicable, shall apply to the unorganized militia when called for active duty.
History of Section. P.L. 1956, ch. 3742, par. 118; G.L. 1956, § 30-5-9.
Payment of the commissioned officers, warrant officers, and enlisted persons ordered into service under § 30-2-6 and payment of all expenses for transportation, rations, forage, gasoline, oil, shelter, medical care, arms, ammunition, equipment, and supplies incurred and that were rendered necessary in connection with the service ordered under § 30-2-6, shall be paid by the state from appropriations or sources that are separate and distinct from any regular annual appropriation for the support and maintenance of the military establishment in the following manner:
(1) The adjutant general, upon receiving the muster and payrolls, shall at once examine and compare these with the muster rolls in his or her office and if found correct and upon approval by the governor, shall certify these to the controller; and the controller shall draw his or her orders upon the general treasurer in favor of the adjutant general for such sums as may be required and the general treasurer shall pay these sums to the adjutant general. The adjutant general shall, within ten (10) days after receiving this money, pay to the commissioned officers, warrant officers, and enlisted persons the amount due to each person.
(2) All expenses, enumerated above, shall be paid when supported by proper vouchers, approved by the governor, and the controller shall draw his or her orders on the general treasurer in favor of the adjutant general for such sums as may be required and the general treasurer shall pay these sums to the adjutant general.
History of Section. P.L. 1956, ch. 3742, par. 160; G.L. 1956, § 30-6-1.
Every commissioned officer or warrant officer of the national guard, ordered to duty by the governor or under his or her authority, or detailed by the governor or under his or her authority to serve on or with any military board, court of inquiry, or court martial, shall receive for every day actually on duty the same pay and allowances that a federally recognized national guard commissioned officer or warrant officer, of the same grade and length of service, would receive or be entitled to when participating, in a federal pay status, in encampments or maneuvers prescribed or authorized under the laws of the United States and the regulations issued thereunder; provided, however, that no officer or warrant officer shall receive less than the minimum federal hourly wage rate then prevailing on the day of duty for hours served on duty, up to a maximum of twelve (12) hours of duty, regardless of the extra hours served.
History of Section. P.L. 1956, ch. 3742, par. 161; G.L. 1956, § 30-6-2; P.L. 1976, ch. 132, § 1; P.L. 2016, ch. 511, art. 2, § 31.
Each enlisted person of the Rhode Island army or air national guard ordered to duty by the governor, or under his or her authority, shall receive or be entitled to, for every day actually on duty, the same pay and allowances that an enlisted person of the same grade and length of service in a federally recognized unit of the Rhode Island army or air national guard would receive or be entitled to, when participating in a federal pay status, in encampments or maneuvers prescribed or authorized under the laws of the United States and the regulations issued thereunder; provided, however, that no enlisted person shall receive less than the minimum federal hourly wage rate then prevailing on the day of duty for the hours served on duty up to a maximum of twelve (12) hours of duty, regardless of the extra hours served.
History of Section. P.L. 1956, ch. 3742, par. 162; G.L. 1956, § 30-6-3; P.L. 1967, ch. 72, § 1; P.L. 1976, ch. 132, § 1.
When an officer, warrant officer, or enlisted person of the Rhode Island army or air national guard shall be employed as a civilian for any work or service connected or associated with the Rhode Island army or air national guard, he or she shall receive at least the minimum hourly wage or salary as prescribed by the state pay plan for this work or service.
History of Section. G.L. 1956, § 30-6-3.1; P.L. 1967, ch. 72, § 2.
No commissioned officer or warrant officer or enlisted person in the national guard shall receive the compensation provided for in chapters 1 — 14 of this title unless he or she personally performs the duties prescribed by law, and no substitute shall be allowed compensation for service belonging to another to perform, nor shall excuses granted for absence from, or nonperformance of, militia duty entitle the person excused to receive this compensation.
History of Section. P.L. 1956, ch. 3742, par. 163; G.L. 1956, § 30-6-4.
(a) Employees of a state agency, who are eligible as defined within, may qualify for a military pay differential, hereafter also referred to as a “differential”. Such differential shall consist of the difference between the base pay for state employment that the state employee would have received if not on active military duty and the military pay that the employee on active military duty did receive, for the same time period. The differential does not include the payment of overtime in state employment.
(b) In order to be eligible for a military pay differential, a recipient must be a member of the National Guard or a Reserve component of the United States Armed Forces who is currently mobilized in support of a Presidential reserve call-up for active military duty, who at the time of being called for active military duty was an employee of a state department who otherwise qualifies for a military pay differential, as described above.
(c) The state department where the state employee worked when called to active duty shall periodically pay every employee who qualifies for a military pay differential. The first such payment shall be paid to eligible state employees for military pay differentials between July 1 and September 30. Such stipends shall be calculated for each three-month (3) period thereafter, but shall terminate upon the employee’s return from active duty or after the employee has received the differential for one year, whichever comes first.
(d) The director of the department of administration shall be responsible for developing necessary rules and regulations in order to implement the provisions of this section. These rules shall include a process for determining eligibility and the amount of the differential.
(e) To the extent that compensation for being called to active military duty is not already included in existing collective bargaining agreements, eligible employees of a state agency will qualify for the military pay differential, as defined above. When a collective bargaining agreement provides equal or greater benefits, the terms of the collective bargaining agreement shall control for as long as those benefits under the contract are applicable. Thereafter, those union employees shall be granted the difference in pay as described above.
History of Section. P.L. 2006, ch. 246, art. 28, § 1.
Every employee holding a position in municipal service, who has left or shall leave the position by reason of entering the armed forces of the United States (whether through membership in the reserve of the United States Military or Naval Forces or in the Rhode Island national guard or naval reserves, when any of the foregoing units are called to active federal or state duty, or by reason of enlistment, induction commission, or otherwise), and who, at the time of entrance into the armed services, had family medical benefits, shall continue to be eligible to receive family medical benefits, in the same manner as available prior to entering service, for designated family members, excluding the employee, during the duration of his or her absences required by the continuance of service in the armed services and his or her return to municipal service. Nothing in this section, however, shall require the employee to continue family medical benefits provided by the municipality or prevent the employee from enrolling in or receiving medical benefits from another source of health insurance coverage including the federal medical benefits program for deployed members of the armed services.
History of Section. P.L. 2008, ch. 158, § 1; P.L. 2008, ch. 174, § 1.
Every member of the federally recognized national guard shall be exempt from jury duty only while actually on military duty on orders of the United States Department of Defense, or on orders of the governor, or while that member is in receipt of orders to military duty.
History of Section. P.L. 1956, ch. 3742, par. 200; G.L. 1956, § 30-7-1.
No person belonging to the militia of the state shall be arrested on any civil process while going to, remaining at, or during the performance of any militia duty, or returning from any place at which he or she may be required, by competent authority, to attend for militia duty.
History of Section. P.L. 1956, ch. 3742, par. 201; G.L. 1956, § 30-7-2.
Members of the militia ordered into the service of the state by competent authority shall not be liable, civilly or criminally, for any acts done by them while under orders of a superior officer engaged in the performance of their duty.
History of Section. P.L. 1956, ch. 3742, par. 202; G.L. 1956, § 30-7-3.
When an action or proceeding of any nature is commenced in any court against any member of the militia for an act done by the member in his or her official capacity in the discharge of his or her duty, or for an alleged omission by the member to do an act that it was his or her duty to perform, or against any officer or enlisted person acting under proper authority or by virtue of a warrant issued to that person pursuant to law, the defendant in that action or proceeding may require the person instituting or prosecuting the action to file security in an amount to be fixed by the court for the payment of costs that may be awarded to the defendant therein. The defendant in all cases may make a general denial and give the special matter in evidence. A defendant in whose favor a nonsuit or a final judgment is rendered in any such action or proceeding shall recover treble costs. The governor shall appoint special counsel, to defend the action or proceeding, at the expense of the state.
History of Section. P.L. 1956, ch. 3742, par. 203; G.L. 1956, § 30-7-4; P.L. 2016, ch. 511, art. 2, § 32.
No officer or enlisted person shall be compelled to do militia duty on any day on which a general election is held, except in case of war, riot, invasion, or insurrection, or imminent danger thereof, or in cases of public calamity or catastrophe.
History of Section. P.L. 1956, ch. 3742, par. 204; G.L. 1956, § 30-7-5.
(a) The commanding officer of any portion of the militia parading or performing any militia duty in any street or highway may require all persons in such street or highway to yield the right-of-way to the militia, except that the carriage of the United States mail, the legitimate functions of the police, and the progress and operation of hospital ambulances, fire engines, and fire apparatus shall not be interfered with thereby.
(b) Any person, other than those above excepted, who shall hinder, delay, obstruct, or interfere with any portion of the militia parading or performing any militia duty, or who shall attempt to do so, shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 205; G.L. 1956, § 30-7-6.
Students in educational institutions in which military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the supervision of their instructor.
History of Section. P.L. 1956, ch. 3742, par. 206; G.L. 1956, § 30-7-7.
Every commanding officer when on duty may ascertain and fix necessary bounds and limits to his or her parade or campground, not including any road on which people travel, so as to obstruct the parade or camp ground or prevent their passing for more than two (2) consecutive hours, within which no person shall have a right to pass or enter without leave from the commanding officer.
History of Section. P.L. 1956, ch. 3742, par. 207; G.L. 1956, § 30-7-8.
The pay and allowances due, or to become due, to any member of the militia for active service, and any compensation that may be awarded for injuries or death sustained therein, shall be exempt from attachment, execution, or other legal process.
History of Section. P.L. 1956, ch. 3742, par. 208; G.L. 1956, § 30-7-9.
All national guard members on state active duty for a continuous period exceeding ninety (90) days shall be entitled to the rights, protections, privileges, and immunities afforded under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq. These rights, protections, privileges, and immunities shall include, but are not limited to, the following: maximum rate of interest not to exceed six percent (6%); continuation of insurance policies; protection from eviction as well as the right to terminate a lease due to military service; and continuance or stay of civil proceedings. Jurisdiction shall be exclusive to the superior court for any alleged violations of this section.
History of Section. P.L. 2003, ch. 129, § 1; P.L. 2003, ch. 145, § 1; P.L. 2016, ch. 511, art. 1, § 11.
In recognition of honorable service in the Rhode Island national guard, the Rhode Island national guard service medal will be awarded to every commissioned officer, warrant officer, and enlisted person now, or hereafter, in the Rhode Island national guard, who has rendered seven (7) years continuous honorable service in the Rhode Island national guard; each commissioned officer, warrant officer, and enlisted person who shall have rendered honorable service in the Rhode Island national guard for a period of ten (10) years, at least seven (7) of which shall have been continuous, and for each additional five (5) years of honorable service, whether continuous or not, shall receive appropriate clasps to be worn on the ribbon of the medal; provided, that officers or enlisted persons of the Rhode Island national guard who were in federal service during World War I, World War II, or the Korean Emergency shall be given credit for this service as state service and those who were commissioned, warranted, or enlisted in the Rhode Island national guard upon its reorganization or within six (6) months from the time of discharge from federal service shall be entitled to have the intervening period counted as state service for the purposes of this section.
History of Section. P.L. 1956, ch. 3742, par. 231; G.L. 1956, § 30-8-1; P.L. 1962, ch. 65, § 1.
In recognition of honorable service in the militia of Rhode Island other than in the national guard, every commissioned officer, warrant officer, and enlisted person, now or hereafter in the militia of this state, who has rendered seven (7) years continuous honorable service, and any officer or enlisted person hereafter completing a like service, shall receive, upon application to the adjutant general, a bronze service medal; and for ten (10) years of honorable service, at least seven (7) of which shall have been continuous, and for each additional five (5) years of honorable service, whether continuous or not, the officer or enlisted person shall receive appropriate clasps to be worn on the ribbon of the medal; provided, that, officers and enlisted persons of the militia who were in federal service during World War I, World War II, and the Korean Emergency shall be given credit for this service as state service and those who were commissioned, warranted, or enlisted in the militia upon its reorganization or within six (6) months from the time of discharge from federal service shall be entitled to have the intervening period counted as state service for the purposes of this section.
History of Section. P.L. 1956, ch. 3742, par. 230; G.L. 1956, § 30-8-2; P.L. 1974, ch. 83, § 1.
The Rhode Island cross may be awarded, in the name of the governor, to each person who, while a commissioned officer, warrant officer, or enlisted person of the armed forces of the United States, including the reserve components thereof, or of the Rhode Island national guard, while on active state or federal service, distinguishes himself or herself conspicuously by extraordinary heroism. No more than one Rhode Island cross shall be awarded to any one person, but for each succeeding deed or act sufficient to justify the award of a Rhode Island cross, a bronze oak leaf cluster shall be awarded in lieu thereof.
History of Section. P.L. 1956, ch. 3742, par. 232; G.L. 1956, § 30-8-3.
The Rhode Island star may be awarded, in the name of the governor, to each person who, while a commissioned officer, warrant officer, or enlisted person of the armed forces of the United States, including the reserve components thereof, or of the Rhode Island national guard, while on active state or federal service, distinguishes himself or herself conspicuously by exceptionally meritorious service to the state or federal government in a duty of responsibility. No more than one Rhode Island star shall be awarded to any one person, but for each succeeding service, sufficient to justify the award of a Rhode Island star, a bronze oak leaf cluster shall be awarded in lieu thereof.
History of Section. P.L. 1956, ch. 3742, par. 233; G.L. 1956, § 30-8-4.
The adjutant general may issue appropriate badges or insignia for excellence in marksmanship, drill attendance, and other meritorious service.
History of Section. P.L. 1956, ch. 3742, par. 234; G.L. 1956, § 30-8-5, P.L. 1988, ch. 188, § 1.
The adjutant general shall approve the quality and design of, and shall provide and procure appropriate emblematic devices for, each decoration, together with suitable ribbons and insignia to be worn therewith or in lieu thereof.
History of Section. P.L. 1956, ch. 3742, par. 235; G.L. 1956, § 30-8-6.
The adjutant general shall make from time to time, rules, regulations, and orders, not inconsistent herewith, that he or she deems necessary to carry into effect the provisions of this chapter; to establish awards not inconsistent with this chapter; and to establish the eligibility of persons to receive and the method of award of the decorations provided for under this chapter.
History of Section. P.L. 1956, ch. 3742, par. 236; G.L. 1956, § 30-8-7; P.L. 1993, ch. 165, § 1; P.L. 2016, ch. 511, art. 2, § 33.
(a) Whenever members of the national guard are ordered into state service pursuant to the provisions of § 30-2-5 or 30-2-6, then the Rhode Island national guard emergency service ribbon may be awarded for performance over and above the line of duty in the name of the governor, to any person who, while a commissioned officer, warrant officer, or enlisted person of the Rhode Island national guard, serves honorably during any part of that emergency. No more than one Rhode Island national guard emergency service ribbon shall be awarded to any one person, but for each succeeding service, sufficient to justify the award of a Rhode Island national guard emergency service ribbon, a bronze oak-leaf cluster shall be awarded in lieu thereof.
(b) The adjutant general shall follow the provisions of §§ 30-8-6 and 30-8-7 with reference to the design and procurement of the ribbon and the rules, regulations, and orders with reference thereto.
History of Section. P.L. 1978, ch. 212, § 1.
(a) Members of the national guard ordered, called, or drafted to active duty under the constitution and laws of the United States during the Operation Desert Shield/Desert Storm call-up and all members of the National Guard who were part of the selected Reserve in good standing between August 2, 1990, through November 30, 1995; and from September 11, 2001, to a date to be determined or federal call-ups subsequent thereto, or those serving on full-time national guard training duty during the federal call-up may be awarded the Rhode Island defense service medal. No more than one Rhode Island defense service medal shall be awarded to any person, but for each succeeding service, a bronze oak-leaf cluster shall be awarded in lieu thereof.
(b) The adjutant general shall follow the provisions of §§ 30-8-6 and 30-8-7 with reference to the design and procurement of the medal and the rules, regulations, and orders with reference thereto.
History of Section. P.L. 1992, ch. 140, § 1; P.L. 1996, ch. 311, § 1; P.L. 1996, ch. 403, § 2; P.L. 2007, ch. 74, § 1; P.L. 2007, ch. 83, § 1; P.L. 2016, ch. 511, art. 2, § 33.
The Rhode Island commendation medal may be awarded in the name of the governor, to each person who, while a commissioned officer, warrant officer, or enlisted person of the armed forces of the United States, including reserve components thereof, or of the Rhode Island national guard, while on active, state, or federal services, distinguished himself or herself conspicuously by heroism, meritorious achievement, or meritorious service to the state or federal government in a duty of responsibility. The Rhode Island commendation medal may be awarded in the name of the governor to each member of the United States Naval Armed Guard who has received the award of the Asiatic-Pacific campaign medal, the European-African-Middle East campaign medal, or the American campaign medal. No more than one Rhode Island commendation medal shall be awarded to any one person, but for each succeeding service, sufficient to justify the award of a Rhode Island commendation medal, a bronze oak leaf cluster shall be awarded in lieu thereof.
History of Section. P.L. 1993, ch. 122, § 1; P.L. 1996, ch. 283, § 1.
All organizations of the militia shall be provided by the state with arms, ammunition, equipment, uniforms, and supplies, not supplied by the United States, necessary for the proper performance of the functions and duties authorized or prescribed by the laws and regulations of the state and the United States.
History of Section. P.L. 1956, ch. 3742, par. 140; G.L. 1956, § 30-9-1.
Each organization shall keep the property described in § 30-9-1 intact and in proper repair and in good condition; and the commanding officers of companies, batteries, or similar detachments of the national guard shall each be allowed to expend annually a sum not to exceed three dollars ($3.00) per member in keeping the property of their respective organizations in proper repair and good condition; the sums so allowed shall be based upon the average membership in these units for the year ending June 30th in each year, to be submitted by the adjutant general to each organization commander in July of each year, all of these moneys to be paid upon approval of the adjutant general after his or her receipt of proper vouchers; but the adjutant general shall not allow these sums, or any part thereof, unless the property has been kept in proper repair and in good condition, and unless duties have been properly performed.
History of Section. P.L. 1956, ch. 3742, par. 141; G.L. 1956, § 30-9-2.
Commanding officers of organizations, or other officers requiring supplies, may draw from the adjutant general, upon requisitions duly signed and approved, such arms, ammunition, uniforms, equipment, or other supplies as may be necessary, to be held and accounted for as public property. The commanding officer or other officers shall be responsible for the proper care of this property, and, on or before the first day of December in each year, shall return a complete inventory of the property to the adjutant general, stating the exact condition of the property, and satisfactory accounting for any shortage.
History of Section. P.L. 1956, ch. 3742, par. 142; G.L. 1956, § 30-9-3.
Any officer of the militia in whose possession or responsibility shall be placed public moneys or public property owned by the state, or for which the state is liable, if required by the governor, shall give bond for the protection of the state, conditioned to faithfully and properly perform the duties of his or her office and to account for all public moneys and public property in his or her possession or for which the officer is responsible. The bonds shall be in an amount, in a form, and with surety satisfactory to the adjutant general. The premium thereon shall be paid by the state.
History of Section. P.L. 1956, ch. 3742, par. 143; G.L. 1956, § 30-9-4.
Until an officer, or his or her legal representative, shall have received from the adjutant general notice that the property accounts of the officer have been examined and found correct or that shortages have been adjusted, the liability of the officer, or of his or her estate, for public moneys or for public property for which he or she is or may have been responsible, shall be in no way affected by the officer’s resignation, discharge, change in official position, or death.
History of Section. P.L. 1956, ch. 3742, par. 144; G.L. 1956, § 30-9-5.
No enlisted person of the militia shall wear or use, except when on military duty, or by special permission of his or her commanding officer, any uniform or other article of military property belonging to the state or for which the state is responsible.
History of Section. P.L. 1956, ch. 3742, par. 145; G.L. 1956, § 30-9-6.
Articles of clothing purchased by the state and issued to members of the provisional companies, Rhode Island state guard reserve, and worn by them in the service of the state, will become the property of these persons upon return of the companies to the unorganized militia after being disbanded and mustered out of active service by the governor.
History of Section. P.L. 1946, ch. 1690, § 1; G.L. 1956, § 30-9-7.
Every officer and enlisted person or other person to whom public funds or public property, belonging to the state or for which the state is responsible, has been, or may hereafter be, issued shall be financially and personally responsible to the state for its good condition, safekeeping, and return when called upon by competent authority. No one shall be relieved from this responsibility, except if it is shown to the satisfaction of the governor that the loss, damage, or destruction of, or the failure to return, the property or funds was unavoidable, and not the fault of the person responsible for them.
History of Section. P.L. 1956, ch. 3742, par. 146; G.L. 1956, § 30-9-8.
Except as indicated in § 30-9-8, the value of the public funds or public property lost, damaged, destroyed, or unreturned, in an amount to be determined by a surveying officer, to be appointed by the governor, shall be charged against the person at fault and it shall be an indebtedness from that person to the state. If any person at fault, or his or her surety if any, shall fail to pay the full value of the lost, damaged, destroyed, or unreturned funds or property, the adjutant general may deduct the amount due from any pay or allowances due, or to become due, if any, to that person and the attorney general of the state, upon request of the adjutant general, shall bring such action or actions, in the name of the people of the state, in any court of competent jurisdiction, as may be necessary to recover from that person, or his or her surety, if any, the amount of the indebtedness or any balance remaining unpaid.
History of Section. P.L. 1956, ch. 3742, par. 147; G.L. 1956, § 30-9-9; P.L. 1992, ch. 324, § 7.
The adjutant general, any commissioned officer authorized by the adjutant general, and any commanding officer of an organization, unit, or separate detachment of the national guard, may seize and hold any arms, ammunition, uniforms, equipment, supplies, or other military property of the state or for which the state is responsible, found in the possession of any person not entitled to the possession thereof.
History of Section. P.L. 1956, ch. 3742, par. 148; G.L. 1956, § 30-9-10.
Any court of the state empowered to issue search warrants, on complaint on oath made to it by the adjutant general, by any commissioned officer authorized by the adjutant general, or by any commanding officer of any organization, unit, or separate detachment of the national guard, that any arms, ammunition, uniforms, equipment, supplies, or other military property of the state, or for which the state is responsible, is unlawfully being withheld by any person within the jurisdiction of the court, and where the military property is believed to be in a particular place specified in the complaint, shall issue to any deputy sheriff, town sergeant, member of any municipal or state police, or town constable a warrant in the nature of a search warrant, commanding him or her, in the name of the state, diligently to search the house or place described therein, in the daytime and, upon the finding of the military property, the court issuing the warrant shall order the property to be delivered to the officer making the complaint.
History of Section. P.L. 1956, ch. 3742, par. 149; G.L. 1956, § 30-9-11; P.L. 2012, ch. 324, § 58; P.L. 2015, ch. 260, § 31; P.L. 2015, ch. 275, § 31.
When the adjutant general, or some commissioned officer authorized by the adjutant general, shall by petition, verified by his or her oath, represent to the superior court that the person named in the petition, resident or to be found in the state, detains any arms, ammunition, uniforms, equipment, supplies, or other military property of the state or for which the state is responsible, describing the military property generally, after demand is made for the military property by the petitioner, or someone duly authorized by the petitioner, the superior court shall, upon the filing of the petition, make an order requiring the person complained against to deliver up the military property to the petitioner by such day as the court shall fix, or show cause on that day, before the court, why the military property should not be delivered up. A copy of the order, certified by the clerk of the court, shall be served on the respondent personally, or if not served personally, shall be left at his or her residence or last and usual place of abode, or place of business or employment, with a person of full age at least four (4) days before the day set for the hearing.
History of Section. P.L. 1956, ch. 3742, par. 150; G.L. 1956, § 30-9-12.
If the person complained against in accordance with § 30-9-12 shall not deliver up the military property as described in the petition on or before the day set for the hearing or show good cause to the contrary, on due proof of service of a copy of the order, the court may issue forthwith an attachment for contempt against the person. The person shall be held in contempt and dealt with accordingly until he or she shall comply with the order of the court and deliver up the military property to the petitioner and pay the reasonable costs of the proceedings to be taxed by the court.
History of Section. P.L. 1956, ch. 3742, par. 151; G.L. 1956, § 30-9-13.
(a) All arsenals, armories, quarters, military storehouses, campgrounds, rifle ranges, and other military facilities owned, leased, or controlled by the state, except those that are by law especially entrusted to the keeping of other officers, that are used for military purposes, shall be under the control of the adjutant general, who shall also have supervisory responsibility for all repairs, maintenance, upkeep, and janitorial services of these properties.
(b) Notwithstanding subsection (a) of this section, any individual employed, as of June 26, 1986, in any of these military facilities, shall retain his or her current employee classification and status and no current or future benefits gained pursuant to a collective bargaining agreement shall be diminished.
History of Section. P.L. 1956, ch. 3742, par. 125; G.L. 1956, § 30-10-1; P.L. 1986, ch. 335, § 1; P.L. 1988, ch. 190, § 1.
The adjutant general may make all proper rules and regulations for the government and use of all arsenals, armories, quarters, military storehouses, camp grounds, rifle ranges, and other military facilities owned, leased, or controlled by the state.
History of Section. P.L. 1956, ch. 3742, par. 126; G.L. 1956, § 30-10-2.
The armories owned, rented, leased, or controlled by the state shall not be used for other than military purposes except as otherwise provided in this chapter.
History of Section. P.L. 1956, ch. 3742, par. 127; G.L. 1956, § 30-10-3.
The adjutant general may authorize the use of any armory, under his or her control, for the social and athletic purposes of the organizations quartered there.
History of Section. P.L. 1956, ch. 3742, par. 128; G.L. 1956, § 30-10-4.
Notwithstanding the provisions of any other general or public law, the governor, with the approval of the adjutant general, is hereby authorized to make available, from time to time, to the soldiers, sailors, air persons, and marines now serving their country, the facilities of the several state armories to be used without charge to them, for recreational, athletic, and such other purposes as under all circumstances may seem proper to the governor and to the adjutant general.
History of Section. P.L. 1941, ch. 994, § 1; G.L. 1956, § 30-10-5.
The adjutant general may authorize the use of any armory under his or her control, for nonmilitary purposes, subject to such rules and conditions as he or she may prescribe, that are lawful and approved, provided that the person, corporation, organization, or society to whom the use may be authorized shall pay in advance to the adjutant general such a sum for the use thereof as may be prescribed by the adjutant general. This sum shall in no case, where admission is charged, be less than the fair rental value of halls of a similar nature, in the same or a similar city or town. These persons, corporations, organizations, or societies shall, if required by the adjutant general, furnish a bond, with good and sufficient surety, to protect and indemnify the state from loss or damage to the armory, or to any federal or state property, or to the property of any military organization or members thereof, contained therein.
History of Section. P.L. 1956, ch. 3742, par. 129; G.L. 1956, § 30-10-6; P.L. 2016, ch. 511, art. 2, § 34.
The adjutant general may authorize the use of any armory under his or her control, when not required for military purposes, by any regularly organized body of veterans of the wars of the United States, subject to such rules and conditions as he or she may prescribe, for the purpose of holding meetings for the conduct of its business without any charge therefor, other than a necessary fee for janitor service and attendants.
History of Section. P.L. 1956, ch. 3742, par. 130; G.L. 1956, § 30-10-7.
The adjutant general may authorize the use of any armory under his or her control, subject to such rules and conditions as he or she may prescribe, by the veterans’ councils of the various cities and towns, including any district or department groups, organized within the state as a world war veterans’ organization holding a charter issued by a national organization of the same name, for the annual holding of meetings, exercises, events, or balls in connection with the celebration of Veterans’ Day, November 11, whether or not admission is charged, without any charge therefor other than the necessary fees for janitor service, heat, and light; provided that the meetings, exercises, events, or balls are held under the direction of the veterans’ councils, or district or department group, duly authorized, as above.
History of Section. P.L. 1956, ch. 3742, par. 131; G.L. 1956, § 30-10-8.
The general assembly shall annually appropriate such a sum as it may deem necessary and sufficient to provide for the armory rental of the national guard, to be paid upon proper vouchers certified to by the adjutant general.
History of Section. P.L. 1956, ch. 3742, par. 133; G.L. 1956, § 30-10-9.
The general assembly shall annually appropriate such a sum as it may deem necessary and sufficient to provide for the repair, care, maintenance, upkeep, and janitorial service of the various armories owned, rented, leased, and controlled by the state, occupied and used by the national guard, and under the control of the adjutant general.
History of Section. P.L. 1956, ch. 3742, par. 134; G.L. 1956, § 30-10-10.
The general assembly shall annually appropriate such a sum as it may deem necessary, out of any money in the treasury not otherwise appropriated, for the purpose of heating, lighting, and maintaining the state arsenal on Benefit Street in the city of Providence occupied by the Providence marine corps of artillery, so long as these premises are also occupied by the Sons of Union Veterans of the Civil War, or the United Spanish War Veterans, or the associated or auxiliary organizations of any of them, as quarters for the different posts camps, or headquarters for the department of Rhode Island, and so long as these premises are also occupied by the first light infantry regiment, Rhode Island militia, or the first light infantry veterans, or any organization auxiliary to them, or so long as any portion of these premises is also occupied for any other purpose under the authority of the laws of this state.
History of Section. P.L. 1908, ch. 1561, § 1; G.L. 1909, ch. 363, § 20; G.L. 1923, ch. 416, § 16; P.L. 1938, ch. 2616, § 1; G.L. 1938, ch. 632, § 5; P.L. 1943, ch. 1373, § 1; G.L. 1956, § 30-10-11.
The adjutant general, with the approval of the governor, is authorized to negotiate, cooperate, and enter into agreements on behalf of this state, with the United States of America, or any agency thereof, in order to satisfy the provisions, and conditions pursuant to the provisions, of 10 U.S.C. § 18231 et seq. (Facilities for Reserve Components).
History of Section. P.L. 1952, ch. 2995, § 1; G.L. 1956, § 30-10-12; P.L. 2016, ch. 511, art. 1, § 12.
The adjutant general, with the approval of the governor, is authorized to accept and direct the disbursement of the funds made available to the state, pursuant to 10 U.S.C. § 18231 et seq. (Facilities for Reserve Components) and shall deposit all these funds received from the federal government with the general treasurer, to be placed in a special account, and drawn upon only on receipt of properly authenticated vouchers signed by the adjutant general with the approval of the governor.
History of Section. P.L. 1952, ch. 2995, § 2; G.L. 1956, § 30-10-13; P.L. 2016, ch. 511, art. 1, § 12.
Building T-17, located at Fort Varnum, Narragansett, Rhode Island, shall hereafter be named the Chief Warrant Officer Everett Babcock Building.
History of Section. P.L. 1984, ch. 93, § 1.
Every city and town within this state is hereby authorized to continue on its payroll, either at full or partial pay, all or any of its regular officers and employees who are called into or enlist in the military or naval service of the United States, and to make such provisions as the city or town shall see fit to hold the positions thus vacated for these officers and employees at the expiration of their military or naval service, and to employ temporary assistants to perform the duties of these absent officers and employees.
History of Section. P.L. 1956, ch. 3742, par. 240; G.L. 1956, § 30-11-1.
No employer, or officer, or agent of any corporation, company, or firm, or other person shall discharge any person from employment because of being an officer or enlisted person in the military forces of this state; or hinder or prevent that person from performing any military service he or she may be called upon to perform by proper authority; or dissuade any person from membership in the military forces of the state by threat of injury to that person in respect to his or her employment, trade, or business in case of his or her enlistment or commission. Any person violating any of the above provisions shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 221; G.L. 1956, § 30-11-2.
(a) Any person who is a duly qualified member of the national guard of this state or any other state who, in order to perform any military service he or she may be called upon to perform by proper authority, leaves a position, other than a temporary position, in the employ of a Rhode Island employer, who shall give evidence of the satisfactory completion of that training, and who is still qualified to perform the duties of that position, shall be entitled to be restored to his or her previous or a similar position in the same status, pay, and seniority, and this period of absence for military training shall be construed as an absence with leave and without pay.
(b) In addition to the provisions provided in this section, all national guard members on state active duty shall be entitled to the rights, protections, privileges, and immunities offered under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Title 38 U.S. Code, Chapter 43, Sections 4301-4333, Public Law 103-353 [38 U.S.C. § 4301 et seq.].
History of Section. P.L. 1956, ch. 3742, par. 221; G.L. 1956, § 30-11-3; P.L. 2001, ch. 113, § 1; P.L. 2001, ch. 164, § 1; P.L. 2016, ch. 349, § 1; P.L. 2016, ch. 366, § 1.
A national guard member’s absence for military training will in no way affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his employment normally to be anticipated in his or her particular position.
History of Section. P.L. 1956, ch. 3742, par. 221; G.L. 1956, § 30-11-4.
In the event of the failure of any employer to comply with §§ 30-11-2 — 30-11-4, the employee may, at his or her election, bring an action at law for damages for this noncompliance, or apply to the superior court for such equitable relief as may be just and proper under the circumstances, and this action shall take precedence on the court calendar.
History of Section. P.L. 1956, ch. 3742, par. 221; G.L. 1956, § 30-11-5.
No employer, or officer, or agent of any corporation, company, or firm, or other person shall discharge any person from employment because of being an officer or enlisted person in the reserve military forces of the United States; or hinder or prevent that person from performing any military service he or she may be called upon to perform by proper authority; or dissuade any person from membership in the reserve military forces of the United States by threat of injury to that person in respect to his or her employment, trade, or business in case of his or her enlistment or commission. Any person violating any of the above provisions shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3722, § 1; G.L. 1956, § 30-11-6.
Any person who is a duly qualified member of any of the reserve forces of the United States who, in order to perform any military service he or she may be called upon to perform by proper authority, leaves a position, other than a temporary position, in the employ of an employer, who shall give evidence of the satisfactory completion of that training, and who is still qualified to perform the duties of that position, shall be entitled to be restored to his or her previous or a similar position in the same status, pay, and seniority, and this period of absence for military training shall be construed as an absence with leave and, within the discretion of the employer, the leave may be with or without pay.
History of Section. P.L. 1956, ch. 3722, § 2; G.L. 1956, § 30-11-7.
A reservist’s absence for military training will in no way affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment normally to be anticipated in his or her particular position. In the event of the failure of any employer to comply with the foregoing, the employee may, at his or her election, bring an action at law for damages for this noncompliance, or apply to the superior court for such equitable relief as may be just and proper under the circumstances, and this action shall take precedence on the court calendar.
History of Section. P.L. 1956, ch. 3722, § 3; G.L. 1956, § 30-11-8; P.L. 2016, ch. 511, art. 2, § 35.
Any person found guilty of a misdemeanor as provided for in §§ 30-11-2 and 30-11-6 shall, upon conviction, be sentenced to a fine of not more than five hundred dollars ($500), or to confinement for not more than one year, or both. Any person making a complaint for the violation of the provisions of §§ 30-11-2 — 30-11-8 shall not be required to give surety for costs.
History of Section. P.L. 1956, ch. 3722, § 4; G.L. 1956, § 30-11-9; P.L. 1962, ch. 114, § 1.
No military forces of this state other than the national guard (and the naval militia) shall be required to serve outside the boundaries of this state except:
(1) Upon the request of the governor of another state, the governor of this state may, in his or her discretion, order any portion of, or all of, the forces of this state to assist the military or police forces of the other state who are actually engaged in defending the other state. These forces may be recalled by the governor at his or her discretion.
(2) Any organization, unit, or detachment of state forces, upon the order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this state into another state until they are apprehended or captured by the organization, unit, or detachment, or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit, or to apprehend, or capture these persons; provided, the other state shall have given authority by law for the pursuit by the forces of this state.
History of Section. P.L. 1956, ch. 3742, par. 213; G.L. 1956, § 30-12-1.
Any person described in § 30-12-1 who shall be apprehended or captured in another state by an organization, unit, or detachment of the forces of this state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which the person is taken, or to the United States, but this surrender shall not constitute a waiver by this state of its right to extradite or prosecute this person for any crime committed in this state.
History of Section. P.L. 1956, ch. 3742, par. 213; G.L. 1956, § 30-12-2; P.L. 1992, ch. 324, § 8.
Any military force or organization, or unit, or detachment thereof of another state that is in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces may continue that pursuit into this state until the military or police forces of this state, or the forces of the United States, have had a reasonable opportunity to take up the pursuit or to apprehend or capture these persons, and is hereby authorized to arrest or capture these persons within this state while in fresh pursuit. Any of the above described persons who shall be captured or arrested by the military forces of another state while in this state shall, without unnecessary delay, be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
History of Section. P.L. 1956, ch. 3742, par. 214; G.L. 1956, § 30-12-3; P.L. 2016, ch. 511, art. 2, § 36.
No military force from another state, territory, district, or country shall be permitted to enter the state for the purpose of doing military duty therein, except as provided in § 30-12-3, without the permission of the governor, unless this force is part of the Department of Defense or is acting under the authority of the United States.
History of Section. P.L. 1956, ch. 3742, par. 215; G.L. 1956, § 30-12-4.
The commanding officer, upon any occasion of duty, may place in arrest, during the continuance thereof, any person who shall trespass upon a camp or parade ground, armory, arsenal, rifle range, or any other place devoted to or used for militia purposes; who shall in any way or manner interrupt, molest or disturb the orderly discharge of militia duty; or who shall disturb or prevent the passage of troops going to, or returning from, any duty. That person shall also be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 216; G.L. 1956, § 30-12-5.
Any person who assaults, fires at, or throws any missile at, against, or upon any uniformed member or body of the militia, or other person lawfully aiding that member or body, when assembling or assembled for the purpose of performing any militia duty, shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 217; G.L. 1956, § 30-12-6.
(a) No body of persons, other than the national guard, the independent chartered military organizations, the unorganized militia on active duty, the military and naval forces and air force of the United States, associations wholly composed of soldiers, sailors, marines, or air persons, honorably discharged from the service of the United States, veterans of the national guard or naval militia, the organization of the Order of the Sons of Veterans, and organizations now or hereafter authorized to do so by the express permission of the governor or otherwise by law, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state.
(b) No city or town shall raise or appropriate any money toward arming or equipping, uniforming, or in any other way supporting, sustaining, or providing drill rooms or armories for any body described in subsection (a). This section shall not be construed to prevent any organization, now authorized to do so by the express permission of the governor or otherwise, by law, from parading with firearms, nor to prevent drills or parades by the national guard of any other state. The governor may at any time revoke the permission granted by himself or herself or any previous governor to any organization or body of persons to associate themselves together as a military company or meet as a military company for drill with arms, or parade in public as a military company with arms. Any person violating any provision of this section shall be deemed guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 218; G.L. 1956, § 30-12-7.
Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by the adjutant general or a commissioned officer of the national guard, willfully damage, or in any manner pledge or pawn any arms, ammunition, uniforms, equipment, supplies, or other property issued by the United States, or this state, for the use of the militia shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 219; G.L. 1956, § 30-12-8.
It shall be a misdemeanor for any person not an officer or enlisted person of the national guard to wear the duly prescribed uniform of the national guard, or any distinctive part of that uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the national guard, except members of the Department of Defense of the United States and the national guard or naval militia of this or any other state, members of associations wholly composed of soldiers, sailors, or marines and air persons honorably discharged from the service of the United States, veterans of the national guard or naval militia, members of the Order of the Sons of Veterans, and such others as may be specially authorized so to do by the governor, or under the laws of the United States, or of this state.
History of Section. P.L. 1956, ch. 3742, par. 220; G.L. 1956, § 30-12-9.
(a) No person shall discriminate against any officer or enlisted person of the military or naval forces of the United States or of this state because of his or her membership therein.
(b) No person shall prohibit or refuse entrance to any officer or enlisted person of the military or naval forces of the United States or of this state into any public entertainment or place of amusement or common carrier because the officer or enlisted person is wearing the uniform of the organization to which he or she belongs.
History of Section. P.L. 1956, ch. 3742, par. 221; G.L. 1956, § 30-12-10.
Any person who willfully trespasses upon any camp or parade ground, armory, arsenal, rifle range, or property lawfully used by, or in connection with, the militia, or any part thereof; or injures any property situated thereon; or willfully violates thereon any regulations established to maintain order, preserve property, or prevent accidents upon that property; or removes, mutilates, or destroys any of that property, shall be guilty of a misdemeanor.
History of Section. P.L. 1956, ch. 3742, par. 223; G.L. 1956, § 30-12-11.
Any person found guilty of a misdemeanor as provided for in chapters 1 — 14 of this title shall, upon conviction, be sentenced to a fine of not more than five hundred dollars ($500), or to confinement for not more than one year, or both. Any person making a complaint for the violation of the provisions of these chapters shall not be required to give surety for costs.
History of Section. P.L. 1956, ch. 3742, par. 222; G.L. 1956, § 30-12-12.
In this chapter, unless the context otherwise requires: (1) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest, other than an official interest, in the prosecution of the accused; (2) "Active state duty" means full-time duty in the active military service of the state under an order of the governor issued under authority vested in the governor by law, and includes travel to and from that duty; (3) "Code" means this chapter; (4) "Commanding officer" includes only commissioned officers; (5) "Commissioned officer" includes a commissioned warrant officer; (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command; (7) "Duty status other than active state duty" means any type of required duty other than that set forth in subdivision (2) of this section and includes travel to and from that duty; (8) "Enlisted member" means a person in an enlisted grade; (9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designed as a grade by law or regulation; (10) Law officer” means an official of a general court-martial detailed in accordance with § 30-13-28 (11) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty (law); (12) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command; (13) "May" is used in a permissive sense. The words "no person may ... " mean that no person is required, authorized, or permitted to do the act prescribed; (14) "Military" refers to any or all of the armed forces; (15) "Military court" means a court-martial, a court of inquiry, or a provost court; (16) "Officer" means commissioned or warrant officer; (17) "Rank" means the order of precedence among members of the state military forces; (18) "Shall" is used in an imperative sense; (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces; (20) “State military forces” means the national guard of the state, as defined in 32 U.S.C. § 101(3), the organized naval militia of the state, the independent chartered military organizations, the Rhode Island state guard and the unorganized militia, and any other military force organized under the laws of the state; and (21) "Superior commissioned officer" means a commissioned officer superior in rank or command.
History of Section. G.L. 1956, § 30-13-1; P.L. 1962, ch. 82, § 1; P.L. 1965, ch. 70, § 1.
This code applies to all members of the state military forces who are not in federal service.
History of Section. G.L. 1956, § 30-13-2; P.L. 1962, ch. 82, § 1.
(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained his or her discharge is, subject to § 30-13-46, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in the custody of the military for that trial. Upon conviction of that charge, he or she is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge or after conviction.
(b) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
History of Section. G.L. 1956, § 30-13-3; P.L. 1962, ch. 82, § 1.
(a) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that he or she has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on charges on which the he or she was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he or she is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the chief of staff to the governor shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(b) If the governor fails to convene a general court-martial within six (6) months from the presentation of an application for trial under this code, the chief of staff to the governor shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(c) If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to such a commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had he or she not been dismissed. The reappointment of a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
(d) If an officer is discharged from the organized militia by administrative action or by board proceedings under law, or is dropped from the rolls by order of the governor, he or she has no right to trial under this section.
History of Section. G.L. 1956, § 30-13-4; P.L. 1962, ch. 82, § 1.
(a) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to, and returning from, service outside the state, in the same manner, and to the same extent, as if they were serving inside the state.
(b) Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state and offenses committed outside the state may be tried and punished either inside or outside the state.
History of Section. G.L. 1956, § 30-13-5; P.L. 1962, ch. 82, § 1.
(a) The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years.
(b) The adjutant general may appoint as many assistant state judge advocates as he or she considers necessary. To be eligible for appointment, assistant state judge advocates must be officers of the state military forces and members of the bar of the highest court of the state.
(c) The state judge advocate, or his or her assistants, shall make frequent inspections in the field in the supervision of the administration of military justice.
(d) A person punished under this section who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided and the person to be punished shall not be required to undergo the punishment adjudged until affirmed or modified by the next superior authority. The officer who imposes the punishment, the officer’s successor in command, and the officer’s superior authority may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges, and property affected.
(e) No person who has acted as a member, law officer, trial counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense in any case, may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
History of Section. G.L. 1956, § 30-13-6; P.L. 1962, ch. 82, § 1.
(a) “Apprehension” is the taking of a person into custody.
(b) Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law, may apprehend persons subject to the code upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
History of Section. G.L. 1956, § 30-13-7; P.L. 1962, ch. 82, § 1.
Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces and deliver him or her into the custody of the state military forces. If an offender is apprehended outside the state, his or her return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
History of Section. G.L. 1956, § 30-13-8; P.L. 1962, ch. 82, § 1.
(a) “Arrest” is the restraint of a person by an order, not imposed as a punishment for an offense, directing that person to remain within certain specified limits. “Confinement” is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his or her command, or subject to his or her authority, into arrest or confinement.
(c) A commissioned officer, or a warrant officer, may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he or she is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order these persons apprehended, or into arrest or confinement, may not be delegated.
(d) No person may be ordered apprehended or into arrest or confinement except for probable cause.
(e) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
History of Section. G.L. 1956, § 30-13-9; P.L. 1962, ch. 82, § 1.
Any person subject to this code, charged with an offense under this code, shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, that person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform that person of the specific wrong of which he or she is accused and to try that person or to dismiss the charges and release him or her.
History of Section. G.L. 1956, § 30-13-10; P.L. 1962, ch. 82, § 1.
Persons confined other than in a guard house, whether before, during, or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the governor or by that person as he or she may authorize to act.
History of Section. G.L. 1956, § 30-13-11; P.L. 1962, ch. 82, § 1.
(a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under § 30-13-11, may refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by that person, of the offense charged against the prisoner.
(b) Every commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under § 30-13-11, to whose charge a prisoner is committed, shall, within twenty-four (24) hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
History of Section. G.L. 1956, § 30-13-12; P.L. 1962, ch. 82, § 1.
Subject to § 30-13-60, no person, while being held for trial or pending the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against that person, nor shall the arrest or confinement imposed upon him or her be any more rigorous than the circumstances require to insure his or her presence, but he or she may be subjected to minor punishment during that period for infractions of discipline.
History of Section. G.L. 1956, § 30-13-13; P.L. 1962, ch. 82, § 1.
(a) Under such regulations as may be prescribed under this code, a person subject to this code who is accused of an offense against civil authority may be delivered, upon request, and upon direction of the governor so to do, to the civil authority for trial.
(b) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, and the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, the offender, after having answered to the civil authorities for his or her offense, shall, upon the request of competent military authority, be returned to military custody for the completion of his or her sentence.
History of Section. G.L. 1956, § 30-13-14; P.L. 1962, ch. 82, § 1.
(a) Under such regulations as the governor may prescribe, and under such additional regulations as may be prescribed by the adjutant general, limitations may be placed on the powers granted by this chapter with respect to the kind and amount of punishment authorized; the categories of commanding officers and warrant officers exercising command authorized to exercise those powers; the applicability of this chapter to an accused who demands trial by court-martial; and the kinds of courts-martial to which the case may be referred upon that demand. However, punishment may not be imposed upon any member of the state military forces under this section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the adjutant general, a commanding officer exercising general court-martial jurisdiction, or an officer of general rank in command, may delegate his or her powers under this chapter to a principal assistant.
(b)(1) Subject to subsection (a) of this section, any commanding officer may, in addition to, or in lieu of, admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of court-martial:
(i) Upon officers of his or her command:
(A) Restriction to certain specified limits, with or without suspension from duty, for not more than thirty (30) consecutive days; and
(B) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:
(I) Arrest in quarters for not more than thirty (30) consecutive days;
(II) Forfeiture of not more than one-half (½) of one month’s pay per month for two (2) months;
(III) Restriction to certain specified limits, with or without suspension from duty, for not more than sixty (60) consecutive days; and
(IV) Detention of not more than one-half (½) of one month’s pay per month for three (3) months; and
(ii) Upon other personnel of his or her command:
(A) Correctional custody for not more than seven (7) consecutive days;
(B) Forfeiture of not more than seven (7) days’ pay;
(C) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(D) Extra duties, including fatigue or other duties, for not more than fourteen (14) consecutive days;
(E) Restrictions to certain specified limits, with or without suspension from duty, for not more than fourteen (14) consecutive days;
(F) Detention of not more than fourteen (14) days’ pay; and
(G) If imposed by an officer of the grade of major or above:
(I) Correctional custody for not more than thirty (30) consecutive days;
(II) Forfeiture of not more than one-half (½) of one month’s pay per month for two (2) months;
(III) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction, or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two (2) pay grades;
(IV) Extra duties, including fatigue or other duties, for not more than forty-five (45) consecutive days;
(V) Restrictions to certain specified limits, with or without suspension from duty, for not more than sixty (60) consecutive days; and
(VI) Detention of not more than one-half (½) of one month’s pay per month for three (3) months.
(2) Detention of pay shall be for a stated period of not more than one year, but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two (2) or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subsection, “correctional custody” is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which that officer is in charge such of the punishments authorized under subsection (b)(1)(ii) of this section as the adjutant general may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subsection (b) of this section, or his or her successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or forfeiture imposed under subsection (b) of this section, whether or not executed. In addition, that officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. He or she may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating: (1) arrest in quarters to restriction; (2) correctional custody to extra duties or restriction or both; or (3) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this chapter by the officer who imposed the punishment mitigated.
(e) A person punished under this chapter who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (d) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
(1) Arrest in quarters for more than seven (7) days;
(2) Correctional custody for more than seven (7) days;
(3) Forfeiture of more than seven (7) days’ pay;
(4) Reduction of one or more pay grades from the fourth or a higher pay grade;
(5) Extra duties for more than fourteen (14) days;
(6) Restriction for more than fourteen (14) days; or
(7) Detention of more than fourteen (14) days’ pay;
the authority who is to act on the appeal shall refer the case to the staff judge advocate of the command, or in a command to which no staff judge advocate is assigned, then to the state judge advocate, for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b) of this section.
(f) The imposition and enforcement of disciplinary punishment under this chapter for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this chapter; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of the punishment to be adjudged in the event of a finding of guilty.
(g) The adjutant general may, by regulation, prescribe the form of records to be kept of proceedings under this chapter and may also prescribe that certain categories of those proceedings shall be in writing.
History of Section. G.L. 1956, § 30-13-15; P.L. 1962, ch. 82, § 1; P.L. 1965, ch. 78, § 1.
(a) In the state military forces not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.
(b) The three (3) kinds of courts-martial are:
(1) General courts-martial, consisting of a law officer and not less than five (5) members;
(2) Special courts-martial, consisting of not less than three (3) members; and
(3) Summary courts-martial, consisting of one commissioned officer of a rank not less than major.
History of Section. G.L. 1956, § 30-13-16; P.L. 1962, ch. 82, § 1.
Each force of the state military forces has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over the personnel of another force shall be in accordance with regulations prescribed by the governor.
History of Section. G.L. 1956, § 30-13-17; P.L. 1962, ch. 82, § 1.
Subject to § 30-13-17, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) Confinement with hard labor for not more than two hundred (200) days;
(2) A fine of not more than two hundred dollars ($200);
(3) Forfeiture of pay and allowances of not more than two hundred dollars ($200);
(4) Dismissal, bad conduct discharge, or dishonorable discharge;
(5) A reprimand;
(6) Reduction of enlisted persons to a lower grade; or
(7) Any combination of these punishments.
History of Section. G.L. 1956, § 30-13-18; P.L. 1962, ch. 82, § 1.
Subject to § 30-13-17, special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) Confinement with hard labor for not more than one hundred (100) days;
(2) A fine of not more than one hundred dollars ($100);
(3) Forfeiture of pay and allowances of not more than one hundred dollars ($100);
(4) A reprimand;
(5) Reduction of enlisted persons to a lower grade; or
(6) Any combination of these punishments.
History of Section. G.L. 1956, § 30-13-19; P.L. 1962, ch. 82, § 1.
(a) Subject to § 30-13-17, summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.
(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto, unless under § 30-13-15 he or she has been permitted and has elected to refuse punishment under that section. If objection to trial by summary court-martial is made by an accused who has not been permitted to refuse punishment under § 30-13-15, trial shall be ordered by special or general court-martial, as may be appropriate.
(c) A summary court-martial may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) Confinement with hard labor for not more than twenty-five (25) days;
(2) A fine of not more than twenty-five dollars ($25.00);
(3) Forfeiture of pay and allowances of not more than twenty-five dollars ($25.00);
(4) A reprimand;
(5) Reduction of enlisted persons to a lower grade; or
(6) Any combination of these punishments.
History of Section. G.L. 1956, § 30-13-20; P.L. 1962, ch. 82, § 1.
No sentence of dismissal, bad conduct discharge, or dishonorable discharge may be executed until it is approved by the governor.
History of Section. G.L. 1956, § 30-13-21; P.L. 1962, ch. 82, § 1.
A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.
History of Section. G.L. 1956, § 30-13-22; P.L. 1962, ch. 82, § 1.
All courts-martial shall have power to sentence, in the alternative, to confinement in default of payment of a fine imposed by the court. In these cases, the court shall fix a reasonable time within which the fine shall be paid; provided, however, that the sentence of confinement shall not exceed one day for each five dollars ($5.00) of fine imposed.
History of Section. G.L. 1956, § 30-13-23; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
In the state military forces, general courts-martial may be convened by the governor or the adjutant general.
History of Section. G.L. 1956, § 30-13-24; P.L. 1962, ch. 82, § 1.
(a) In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command if not lower than a battalion or squadron level, may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any commanding officer is an accuser, the court shall be convened by superior competent authority.
(b) A special court-martial may not try a commissioned officer.
History of Section. G.L. 1956, § 30-13-25; P.L. 1962, ch. 82, § 1.
(a) In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, or other detachment of not less than battalion or squadron level, may convene a summary court-martial consisting of one commissioned officer of a rank not less than major. The proceedings shall be informal.
(b) When only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him or her.
History of Section. G.L. 1956, § 30-13-26; P.L. 1962, ch. 82, § 1.
(a) Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before these courts for trial.
(b) Any warrant officer of, or on duty with, the state military forces is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before these courts for trial.
(c)(1) Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before these courts for trial, but the enlisted member shall serve as a member of a court only if, before the convening of the court, the accused personally has requested, in writing, that enlisted members serve on it. After that request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third (⅓) of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If these members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(2) In this subsection, the word “unit” means any regularly organized body of the state military forces not larger than a company, a squadron, or a division of the naval militia, or a body corresponding to one of them.
(d) When it can be avoided, no person subject to this code may be tried by a court-martial any member of which is junior to that person in rank or grade.
(e) When convening a court-martial, the convening authority shall detail as members thereof such members as, in his or her opinion, are best qualified for duty by reason of age, education, training, experience, length of service, and judicial temperament. No member is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member of the bar of the supreme court of the state and of appropriate rank and grade, the convening authority shall appoint that officer as president of a special court-martial. Although this requirement is binding on the convening authority, failure to meet it in any case does not divest a military court of jurisdiction.
History of Section. G.L. 1956, § 30-13-27; P.L. 1962, ch. 82, § 1.
(a) The authority convening a general court-martial shall detail as the law officer thereof a commissioned officer who is a member of the bar of the supreme court of the state, or a member of the bar of a federal court, and who is certified to be qualified for that duty by the state judge advocate. No person is eligible to act as law officer in a case if that person is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
(b) The law officer may not consult with the members of the court, other than on the form of the findings as provided in § 30-13-42, except in the presence of the accused, trial counsel, and defense counsel, nor may the law officer vote with the members of the court.
History of Section. G.L. 1956, § 30-13-28; P.L. 1962, ch. 82, § 1.
(a) For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he or she considers appropriate. No person who has acted as investigating officer, law officer, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(b) Trial counsel or defense counsel detailed for a general court-martial:
(1) Must be a person who is a member of the bar of the supreme court of the state, or a member of the bar of a federal court; and
(2) Must be certified as competent to perform these duties by the state judge advocate.
(c) In the case of a special court-martial, if the trial counsel is qualified to act as counsel before a general court-martial, or is a member of the bar of the supreme court of the state, the defense counsel detailed by the convening authority must be a person similarly qualified.
History of Section. G.L. 1956, § 30-13-29; P.L. 1962, ch. 82, § 1.
Under such regulations as the governor may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
History of Section. G.L. 1956, § 30-13-30; P.L. 1962, ch. 82, § 1.
(a) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
(b) Whenever a general court-martial is reduced below five (5) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five (5) members. When the new members have been sworn, the trial may proceed as if no evidence had previously been introduced.
(c) Whenever a special court-martial is reduced below three (3) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three (3) members. When the new members have been sworn, the trial shall proceed as if no evidence had previously been introduced.
History of Section. G.L. 1956, § 30-13-31; P.L. 1962, ch. 82, § 1.
(a) Charges and specifications shall be signed by a person subject to this code, under oath before a person authorized by this code to administer oaths, and shall state:
(1) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(2) That they are true in fact to the best of the signer’s knowledge and belief.
(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
History of Section. G.L. 1956, § 30-13-32; P.L. 1962, ch. 82, § 1.
(a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
(b) No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by that person may be used as evidence against him or her in a trial by court-martial.
(c) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.
(d) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him or her in a trial by court-martial.
History of Section. G.L. 1956, § 30-13-33; P.L. 1962, ch. 82, § 1.
(a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition that should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon the accused’s own request, he or she shall be represented by civilian counsel if provided by him or her; or military counsel of his or her own selection if military counsel is reasonably available; or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available, and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examinations, and presentation prescribed in subsection (b) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
(d) The requirements of this section are binding on all persons administering this code, but failure to follow them does not divest a military court of jurisdiction.
History of Section. G.L. 1956, § 30-13-34; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the governor. If that is not practicable, the commanding officer shall report, in writing, to the governor the reasons for delay.
History of Section. G.L. 1956, § 30-13-35; P.L. 1962, ch. 82, § 1.
(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
(b) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
History of Section. G.L. 1956, § 30-13-36; P.L. 1962, ch. 82, § 1.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace, no person may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon the person, or before a special court-martial within a period of three (3) days after the service of the charges upon the person.
History of Section. G.L. 1956, § 30-13-37; P.L. 1962, ch. 82, § 1.
When an accused person shall have been arrested for failure to appear before a court-martial for trial, the president of the court-martial or summary court officer to whom the charges have been referred for trial may issue a commitment for the confinement of that person pending trial. In these cases, the accused shall be admitted to bail, the amount of bail fixed, and the surety or sureties thereon approved by the president of the court-martial or the summary court officer issuing the commitment. In default of bail, that person shall be confined pending trial. No person shall be kept in confinement pending trial for more than five (5) days.
History of Section. G.L. 1956, § 30-13-38; P.L. 1962, ch. 82, § 1.
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as he or she considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to, or inconsistent with, this code.
History of Section. G.L. 1956, § 30-13-39; P.L. 1962, ch. 82, § 1.
No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, law officer, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its, or his or her functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal, or any member thereof, or an investigating officer, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his or her judicial acts.
History of Section. G.L. 1956, § 30-13-40; P.L. 1962, ch. 82, § 1.
(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.
(b) The accused has the right to be represented in his or her defense before a general or special court-martial by civilian counsel if provided by the accused, or by military counsel of his or her own selection if reasonably available, or by the defense counsel detailed under § 30-13-29. Should the accused have counsel of his or her own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her associate counsel; otherwise they shall be excused by the president of the court.
(c) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of those matters counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record that he or she considers appropriate.
(d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the service, upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the service, upon counsel for the accused.
History of Section. G.L. 1956, § 30-13-41; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. After a general court-martial has finally voted on the findings, the court may request the law officer and the reporter to appear before the court to put the findings in proper form and those proceedings shall be on the record. All other proceedings, including any other consultation of the court with counsel or the law officer, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in general court-martial cases, the law officer.
History of Section. G.L. 1956, § 30-13-42; P.L. 1962, ch. 82, § 1.
A court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
History of Section. G.L. 1956, § 30-13-43; P.L. 1962, ch. 82, § 1.
(a) Members of a general or special court-martial and the law officer of a general court-martial, may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause, but may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Each accused and the trial counsel is entitled to one peremptory challenge, but the law officer may not be challenged except for cause.
History of Section. G.L. 1956, § 30-13-44; P.L. 1962, ch. 82, § 1.
(a) The law officer, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
(b) Each witness before a military court shall be examined on oath or affirmation.
History of Section. G.L. 1956, § 30-13-45; P.L. 1962, ch. 82, § 1.
(a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or mutiny, may be tried and punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under § 30-13-116 is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(c) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under § 30-13-15 if the offense was committed more than two (2) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command, or before the imposition of punishment under § 30-13-15.
(d) Periods in which the accused was absent from territory in which the state has the authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
History of Section. G.L. 1956, § 30-13-46; P.L. 1962, ch. 82, § 1.
(a) No person may, without his or her consent, be tried a second time in any military court of the state for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a “trial” in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a “trial” in the sense of this section.
History of Section. G.L. 1956, § 30-13-47; P.L. 1962, ch. 82, § 1.
If an accused arraigned before a court-martial makes an irregular pleading; or after a plea of guilty sets up matters inconsistent with the plea; or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect; or if the accused fails or refuses to plead; a plea of not guilty shall be entered in the record, and the court shall proceed as though he or she had pleaded not guilty.
History of Section. G.L. 1956, § 30-13-48; P.L. 1962, ch. 82, § 1.
(a) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.
(b) The president of a court-martial or a summary court officer may:
(1) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(2) Issue subpoenas duces tecum and other subpoenas;
(3) Enforce, by attachment, the attendance of witnesses and the production of books and papers; and
(4) Sentence persons for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
(c) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.
History of Section. G.L. 1956, § 30-13-49; P.L. 1962, ch. 82, § 1.
Any person not subject to this code who:
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before a military court;
(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior courts of the state; and
(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the state and a military court may punish that person in the same manner as the civil courts of the state.
History of Section. G.L. 1956, § 30-13-50; P.L. 1962, ch. 82, § 1.
A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty (30) days or a fine of one hundred dollars ($100), or both.
History of Section. G.L. 1956, § 30-13-51; P.L. 1962, ch. 82, § 1.
(a) At any time after charges have been signed, as provided in § 30-13-32, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, the authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before, and authenticated by, any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(1) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred (100) miles from the place of trial or hearing;
(2) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(3) That the present whereabouts of the witness is unknown.
History of Section. G.L. 1956, § 30-13-52; P.L. 1962, ch. 82, § 1.
(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and had the opportunity to cross-examine the witness and if the same issue was involved or if the accused consents to the introduction of the evidence.
(b) This testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c) This testimony may also be read in evidence before a court of inquiry or a military board.
History of Section. G.L. 1956, § 30-13-53; P.L. 1962, ch. 82, § 1.
(a) Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by secret written ballot, provided that, upon questions of challenge, the challenged member shall not be entitled to vote. The junior member of the court shall in each case count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(b) The law officer of a general court-martial and the president of a special court-martial shall rule upon interlocutory questions, other than challenge, arising during the proceedings. Any ruling made by the law officer of a general court-martial or by the president of a special court-martial upon any interlocutory question other than a motion for a finding of not guilty, or the question of the accused’s sanity, is final and constitutes the ruling of the court. However, the law officer or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote, as provided in § 30-13-55, beginning with the junior in rank.
(c) Before a vote is taken on the findings, the law officer of a general court-martial and the president of a special court-martial shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(1) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;
(2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;
(3) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
(4) That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.
History of Section. G.L. 1956, § 30-13-54; P.L. 1962, ch. 82, § 1.
(a) No person may be convicted of an offense, except by concurrence of two-thirds (⅔) of the members present at the time the vote is taken.
(b) All sentences shall be determined by the concurrence of two-thirds (⅔) of the members present at the time that the vote is taken.
(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
History of Section. G.L. 1956, § 30-13-55; P.L. 1962, ch. 82, § 1.
A court-martial shall announce its findings and sentence to the parties as soon as determined.
History of Section. G.L. 1956, § 30-13-56; P.L. 1962, ch. 82, § 1.
(a) Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signatures of the president and the law officer. If the record cannot be authenticated by either the president or the law officer by reason of his or her death, disability, or absence, it shall be signed by a member in lieu of him or her. If both the president and the law officer are unavailable, the record shall be authenticated by two (2) members. A record of the proceedings of a trial in which the sentence adjudged includes dishonorable discharge, dismissal, or bad-conduct discharge, or is more than that which could be adjudged by a special court-martial, shall contain a verbatim account of the proceedings and testimony before the court. All other records of trial shall contain such matters and be authenticated in such a manner as the governor may by regulation prescribe.
(b) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection (a) of this section, but has been made, the accused may buy the verbatim record under such regulations as the governor may prescribe.
History of Section. G.L. 1956, § 30-13-57; P.L. 1962, ch. 82, § 1.
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
History of Section. G.L. 1956, § 30-13-58; P.L. 1962, ch. 82, § 1.
The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code.
History of Section. G.L. 1956, § 30-13-59; P.L. 1962, ch. 82, § 1.
(a) Whenever a sentence of a court-martial lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
(b) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the term of confinement. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.
(c) All other sentences of courts-martial are effective on the date ordered executed.
History of Section. G.L. 1956, § 30-13-60; P.L. 1962, ch. 82, § 1.
(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.
(b) The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(c) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such a person as the governor may authorize to act under § 30-13-11, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.
History of Section. G.L. 1956, § 30-13-61; P.L. 1962, ch. 82, § 1.
Except as provided in §§ 30-13-22 and 30-13-68, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her and his or her staff judge advocate or, in the absence of a staff judge advocate on the staff of the convening authority, by the staff judge advocate of the next highest command. The convening authority shall approve the sentence or such a part, amount, or commuted form of the sentence as the convening authority sees fit, and may suspend the execution of the sentence as approved by him or her.
History of Section. G.L. 1956, § 30-13-62; P.L. 1962, ch. 82, § 1.
After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or the governor.
History of Section. G.L. 1956, § 30-13-63; P.L. 1962, ch. 82, § 1.
The convening authority shall refer the record of each court-martial to the staff judge advocate or, in the absence of a staff judge advocate on the staff of the convening authority, to the staff judge advocate of the next higher command, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
History of Section. G.L. 1956, § 30-13-64; P.L. 1962, ch. 82, § 1.
(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(b) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence that can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(1) For reconsideration of a finding of not guilty or a ruling that amounts to a finding of not guilty;
(2) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(3) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
History of Section. G.L. 1956, § 30-13-65; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
(a) If the convening authority disapproves the findings and sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In that case, the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
(b) Each rehearing shall take place before a court-martial composed of members not members of the court-martial that first heard the case. Upon a rehearing, the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of, or more severe than, the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
History of Section. G.L. 1956, § 30-13-66; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such a part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines should be approved. Unless the convening authority indicates otherwise, approval of the sentence is approval of the findings and sentence.
History of Section. G.L. 1956, § 30-13-67; P.L. 1962, ch. 82, § 1.
(a) If the convening authority is the governor, his or her action on the review of any record of trial is final.
(b) In all other cases not covered by subsection (a) of this section, if the sentence of a special court-martial as approved in accordance with the provisions of § 30-13-62 includes a bad-conduct discharge, whether or not suspended, the entire record shall be sent to the appropriate staff judge advocate or legal officer of the next higher command not having previously reviewed the record pursuant to § 30-13-62, if any there be, to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer shall then be sent to the state judge advocate for review.
(c) All other special and summary court-martial records shall be sent to the law specialist or legal officer of the appropriate force of the state military forces and shall be acted upon, transmitted, and disposed of as may be prescribed by regulations prescribed by the governor.
(d) The state judge advocate shall review the record of trial in each case sent to him or her for review as provided under subsection (b) of this section. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate is limited to questions of jurisdiction.
(e) The state judge advocate shall take final action in any case reviewable by him or her.
(f) In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. The state judge advocate may affirm only such findings of guilty, and the sentence or such a part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the state judge advocate may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the state judge advocate sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.
(g) In a case reviewable by the state judge advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review. If the state judge advocate has ordered a rehearing but the convening authority finds a rehearing impracticable within a reasonable time, he or she shall dismiss the charges.
(h) The state judge advocate may order one or more boards of review each composed of not less than three (3) commissioned officers of the state military forces, each of whom must be a member of the bar of the highest court of the state. Each board of review shall review the record of any trial by special court-martial, including a sentence to a bad-conduct discharge, referred to it by the state judge advocate. Boards of review have the same authority on review as the state judge advocate has under this section.
History of Section. G.L. 1956, § 30-13-68; P.L. 1962, ch. 82, § 1.
(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
History of Section. G.L. 1956, § 30-13-69; P.L. 1962, ch. 82, § 1.
(a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the state judge advocate.
(b) Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who is a member of the state military forces and who has the qualifications prescribed in § 30-13-29, if available, to represent the accused before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the state judge advocate, in the review of cases specified in subsection (a) of this section.
(c) If provided by him or her, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the state judge advocate.
History of Section. G.L. 1956, § 30-13-70; P.L. 1962, ch. 82, § 1.
(a) Before the vacation of the suspension of a special court-martial sentence that, as approved, includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he or she so desires.
(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the governor in cases involving a general court-martial sentence and to the commanding officer of the force of the state military forces of which the probationer is a member in all other cases covered by subsection (a) of this section. If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed.
(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
History of Section. G.L. 1956, § 30-13-71; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
At any time within two (2) years after approval by the convening authority of a court-martial sentence that extends to dismissal, or dishonorable or bad-conduct discharge, the accused may petition the governor for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.
History of Section. G.L. 1956, § 30-13-72; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
(a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
(b) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
History of Section. G.L. 1956, § 30-13-73; P.L. 1962, ch. 82, § 1.
(a) Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon a new trial or rehearing.
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issue and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to such a commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had he or she not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
History of Section. G.L. 1956, § 30-13-74; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all actions taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in § 30-13-72 of this code.
History of Section. G.L. 1956, § 30-13-75; P.L. 1962, ch. 82, § 1.
No person may be tried or punished for any offense provided for in §§ 30-13-77 — 30-13-120, unless it was committed while that person was in a duty status.
History of Section. G.L. 1956, § 30-13-76; P.L. 1962, ch. 82, § 1.
Any person subject to this code who:
(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or
(2) Causes an act to be done that if directly performed by that person would be punishable by this code; is a principal.
History of Section. G.L. 1956, § 30-13-77; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender’s apprehension, trial, or punishment shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-78; P.L. 1962, ch. 82, § 1.
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
History of Section. G.L. 1956, § 30-13-79; P.L. 1962, ch. 82, § 1.
(a) An act done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
History of Section. G.L. 1956, § 30-13-80; P.L. 1962, ch. 82, § 1.
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-81; P.L. 1962, ch. 82, § 1.
(a) Any person subject to this code who solicits or advises another or others to desert in violation of § 30-13-85 or mutiny in violation of § 30-13-94 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, that person shall be punished as a court-martial may direct.
(b) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of § 30-13-99 of this code or sedition in violation of § 30-13-94 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, that person shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-82; P.L. 1962, ch. 82, § 1.
Any person who:
(1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) Procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to his or her eligibility for that separation;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-83; P.L. 1962, ch. 82, § 1.
Any person subject to this code who effects an enlistment or appointment in, or a separation from, the state military forces of any person, who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-84; P.L. 1962, ch. 82, § 1.
(a) Any member of the state military forces who:
(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated;
is guilty of desertion.
(b) Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-85; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, without authority:
(1) Fails to go to his or her appointed place of duty at the time prescribed;
(2) Goes from that place; or
(3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-86; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, through neglect or design, misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-87; P.L. 1962, ch. 82, § 1.
Any person subject to this code who uses contemptuous words against the president, the governor of this state, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-88; P.L. 1962, ch. 82, § 1.
Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-89; P.L. 1962, ch. 82, § 1.
Any person subject to this code who:
(1) Strikes his or her superior commissioned officer, or draws or lifts up any weapon, or offers any violence against that officer while he or she is in the execution of his or her office; or
(2) Willfully disobeys a lawful command of his or her superior commissioned officer;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-90; P.L. 1962, ch. 82, § 1.
Any warrant officer or enlisted member who:
(1) Strikes or assaults a warrant officer, non-commissioned officer, petty officer, or specialist above the grade E-4 while that person is in the execution of his or her office;
(2) Willfully disobeys the lawful order of a warrant officer, non-commissioned officer, petty officer, or specialist above the grade of E-4;
(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, non-commissioned officer, petty officer, or specialist above the grade of E-4 while that person is in the execution of his or her office;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-91; P.L. 1962, ch. 82, § 1.
Any person subject to this code who:
(1) Violates or fails to obey any lawful general order or regulation;
(2) Having knowledge of any other lawful order issued by a member of the state military forces that it is that person’s duty to obey, fails to obey the order; or
(3) Is derelict in the performance of his or her duties;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-92; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-93; P.L. 1962, ch. 82, § 1.
(a) Any person subject to this code who:
(1) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny;
(2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; or
(3) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in that person’s presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which that person knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-94; P.L. 1962, ch. 82, § 1.
Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-95; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, without proper authority, releases any prisoner committed to that person’s charge, or who through neglect or design suffers that prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
History of Section. G.L. 1956, § 30-13-96; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-97; P.L. 1962, ch. 82, § 1.
Any person subject to this code who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or
(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after the trial of an accused;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-98; P.L. 1962, ch. 82, § 1.
Any person subject to this code who before or in the presence of the enemy:
(1) Runs away;
(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property that it is his or her duty to defend;
(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property that it is his or her duty to defend;
(4) Casts away his or her arms or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits his or her place of duty to plunder or pillage;
(7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces;
(8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, that it is his or her duty so to encounter, engage, capture, or destroy; or
(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-99; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
Any person subject to this code who compels, or attempts to compel, the commander of any of the state military forces of the state, or of any other state, to give the command up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-100; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, in time of war, discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-101; P.L. 1962, ch. 82, § 1.
Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-102; P.L. 1962, ch. 82, § 1.
(a) All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority, without delay, all captured or abandoned property in their possession, custody, or control.
(b) Any person subject to this code who:
(1) Fails to carry out the duties prescribed in subsection (a) of this section;
(2) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby that person receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or
(3) Engages in looting or pillaging;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-103; P.L. 1962, ch. 82, § 1.
Any person subject to this code who:
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) Without proper authority, knowingly harbors or protects, or gives intelligence to, or communicates or corresponds with, or holds any intercourse with, the enemy, either directly or indirectly;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-104; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, while in the hands of the enemy in time of war:
(1) For the purpose of securing favorable treatment by his or her captors, acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) While in a position of authority over other persons maltreats them without justifiable cause;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-105; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-106; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, without proper authority:
(1) Sells or otherwise disposes of;
(2) Willfully or through neglect damages, destroys, or loses; or
(3) Willfully or through neglect suffers to be damaged, destroyed, sold, or wrongfully disposed of;
any military property of the United States, or of the state, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-107; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States, or of the state, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-108; P.L. 1962, ch. 82, § 1.
(a) Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States, or of the state military forces, shall be punished as a court-martial may direct.
(b) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States, or of the state military forces, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-109; P.L. 1962, ch. 82, § 1.
Any person subject to this code who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-110; P.L. 1962, ch. 82, § 1.
Any person subject to this code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before being regularly relieved, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-111; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-112; P.L. 1962, ch. 82, § 1.
Any person subject to this code who for the purpose of avoiding work, duty, or service in the state military forces:
(1) Feigns illness, physical disablement, mental lapse, or derangement; or
(2) Intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-113; P.L. 1962, ch. 82, § 1.
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-114; P.L. 1962, ch. 82, § 1.
Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-115; P.L. 1962, ch. 82, § 1.
Any person subject to this code who, in a judicial proceeding or in a course of justice conducted under this code, willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-116; P.L. 1962, ch. 82, § 1.
Any person subject to this code:
(1) Who, knowing it to be false or fraudulent:
(A) Makes any claim against the United States, the state, or any officer thereof; or
(B) Presents to any person in the civil, or military service thereof, for approval or payment any claim against the United States, the state, or any officer thereof;
(2) Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:
(A) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(B) Makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(C) Forges or counterfeits any signature upon any writing or other paper, or uses that signature knowing it to be forged or counterfeited;
(3) Who, having charge, possession, custody, or control of any money, or other property, of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person, having authority to receive it, any amount thereof less than that for which he or she receives a certificate or receipt; or
(4) Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person that writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state;
shall, upon conviction, be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-117; P.L. 1962, ch. 82, § 1.
(a) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind:
(1) With intent permanently to deprive or defraud another person of the use and benefit of that property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property, is guilty of larceny; or
(2) With intent temporarily to deprive or defraud another person of the use and benefit of that property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation.
(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-118; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman, or unbecoming an officer and a lady, shall be punished as a court-martial may direct.
History of Section. G.L. 1956, § 30-13-119; P.L. 1962, ch. 82, § 1.
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault, burglary, or housebreaking, jurisdiction of which is reserved to civil courts.
History of Section. G.L. 1956, § 30-13-120; P.L. 1962, ch. 82, § 1.
(a) Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested an inquiry.
(b) A court of inquiry consists of three (3) or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.
(c) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in military or naval affairs of the state, who has a direct interest in the subject of inquiry, has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e) The members, counsel, reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings that shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by counsel for the court, it shall be signed by a member in lieu of counsel.
History of Section. G.L. 1956, § 30-13-121; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
(a) The following members of the state military forces may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public:
(1) The state judge advocate and all assistant state judge advocates;
(2) All law specialists;
(3) All summary courts-martial;
(4) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(5) All commanding officers of the naval militia;
(6) All legal officers;
(7) The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial;
(8) The president and counsel for the court of any court of inquiry;
(9) All officers designated to take a deposition;
(10) All persons detailed to conduct an investigation; and
(11) All other persons designated by regulations of the governor.
(b) Officers of the state military forces may not be authorized to administer oaths as provided in this section unless they are on active duty in or with those forces under orders of the governor as prescribed in this code.
(c) The signature without seal of any above-mentioned person, together with the title of that person’s office, is prima facie evidence of his or her authority.
History of Section. G.L. 1956, § 30-13-122; P.L. 1962, ch. 82, § 1.
Sections 30-13-2, 30-13-3, 30-13-7 — 30-13-15, 30-13-27, 30-13-29, 30-13-40, 30-13-58, 30-13-76 — 30-13-118, and 30-13-123 — 30-13-125 shall be carefully explained to every enlisted member at the time of that member’s enlistment or transfer or induction into, or at the time of his or her order to duty in or with, any of the state military forces or within thirty (30) days thereafter. They shall also be explained annually to each unit of the state military forces. A complete text of this code and of the regulations prescribed by the governor thereunder shall be made available to any member of the state military forces, upon his or her request, for his or her personal examination.
History of Section. G.L. 1956, § 30-13-123; P.L. 1962, ch. 82, § 1.
Any member of the state military forces who believes himself or herself wronged by his or her commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the governor or adjutant general.
History of Section. G.L. 1956, § 30-13-124; P.L. 1962, ch. 82, § 1.
(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that person’s property has been wrongfully taken by members of the state military forces, that officer may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one (1) to three (3) commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation; to receive depositions or other documentary evidence; and to assess the damages sustained against the responsible parties. The assessment of damage made by the board is subject to the approval of the commanding officer, and in the amount so approved by the commanding officer, shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (c) of this section, on any disbursing officer for the payment by that officer to the injured parties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the state military forces to which the offenders belonged.
(c) Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his or her behalf, and to cross-examine those appearing against him or her. He or she has the right of appeal to the next higher commander.
History of Section. G.L. 1956, § 30-13-125; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
In addition to the officers prescribed under the laws and regulations of the United States and in § 30-13-127(b), all processes and sentences of the military courts of the state military forces shall be directed to, and executed by, any deputy sheriff, town sergeant, constable, member of the state police, or member of the police department of any municipality, or any officer or enlisted person of the state military forces appointed by the court to serve or execute processes and sentences.
History of Section. G.L. 1956, § 30-13-126; P.L. 1962, ch. 82, § 1; P.L. 2012, ch. 324, § 59.
(a) Military courts may issue any process or mandate necessary to carry into effect their powers. A military court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books, and records, when it is sitting within the state and the witnesses, books, and records sought are also so located.
(b) Process and mandates may be issued by summary courts-martial, provost courts, or the president of other military courts and may be directed to, and may be executed by, the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
(c) All officers to whom process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no officer may demand or require payment of any fee or charge for receiving, executing, or returning process or mandate or for any service in connection therewith.
History of Section. G.L. 1956, § 30-13-127; P.L. 1962, ch. 82, § 1.
Fines imposed by a military court may be paid to it or to an officer executing its process. The amount of an imposed fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due the delinquent, until the fine is liquidated. Any sum so deducted shall be returned to the military court that imposed the fine. Any military court and any officer collecting a fine or penalty imposed by a military court upon an officer or enlisted person shall pay it forthwith to the adjutant general who shall remit the sum within thirty (30) days to the state treasurer for the general purposes and uses of the state.
History of Section. G.L. 1956, § 30-13-128; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
No accused may bring an action or proceeding against the convening authority or a member of a military court, or officer or person acting under its authority or reviewing its proceedings, because of the approval, imposition, or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
History of Section. G.L. 1956, § 30-13-129; P.L. 1962, ch. 82, § 1.
The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
History of Section. G.L. 1956, § 30-13-130; P.L. 1962, ch. 82, § 1.
The governor may delegate any authority vested in him or her under this code, and may provide for the subdelegation of any of that authority, except the power given him or her by §§ 30-13-21 and 30-13-24.
History of Section. G.L. 1956, § 30-13-131; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
The military courts of this state shall be constituted like, have cognizance of the same subjects as, and possess like powers as, except as to punishments, similar courts provided for by the laws and regulations governing the army of the United States and the proceedings of state military courts shall follow the forms and modes of procedure prescribed for similar federal military courts as far as applicable, except as otherwise provided in this title.
History of Section. G.L. 1956, § 30-13-132; P.L. 1962, ch. 82, § 1.
The expenses incident to, and connected with, the holding of military courts and courts of inquiry shall be paid by the state under orders, rules, and regulations issued by the governor.
History of Section. G.L. 1956, § 30-13-133; P.L. 1962, ch. 82, § 1.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of this state, so far as practical, with the law of the United States.
History of Section. G.L. 1956, § 30-13-134; P.L. 1962, ch. 82, § 1.
This chapter may be cited as the “Rhode Island Code of Military Justice”.
History of Section. G.L. 1956, § 30-13-135; P.L. 1962, ch. 82, § 1.
[Repealed]
History of Section. P.L. 1956, ch. 3742, par. 241; G.L. 1956, § 30-14-1; Repealed by P.L. 1962, ch. 82, § 2. For present law, see § 30-13-122.
(a) No funds received from the United States shall be expended under chapters 1 — 14 of this title for any purpose not authorized by federal law or regulations and all other expenditures under those chapters shall be made from funds appropriated by the state.
(b) Notwithstanding the foregoing, and for purposes of this section and § 21-28-5.04 only, the Rhode Island national guard shall be deemed a law enforcement agency eligible to participate in the forfeiture of money and assets seized through federal, state, or municipal counterdrug operations in which members of the guard support said operations; and any money or assets so acquired may be used by the guard in support of its counterdrug program.
History of Section. P.L. 1956, ch. 3742, par. 242; G.L. 1956, § 30-14-2; P.L. 2011, ch. 327, § 2; P.L. 2011, ch. 374, § 2.
Any citizen of this state may hold a commission in the militia of this state, the national guard of the United States, or any active or reserve component of the United States armed forces without thereby vacating any civil office, position, or commission held by that citizen. The holding of any commission shall not constitute such a holding of an office of trust and profit under the government of this state or of the United States as shall be incompatible with the holding of any civil office, position, or commission under the government of this state.
History of Section. P.L. 1956, ch. 3742, par. 243; G.L. 1956, § 30-14-3; P.L. 2004, ch. 414, § 1.
Whenever any reference is made to any section of chapters 1 — 14 of this title, or any regulation authorized thereunder, or to any law of this state, or the United States, or the rules and regulations authorized thereunder, that reference shall apply to all amendments and additions thereto now or hereafter made.
History of Section. P.L. 1956, ch. 3742, par. 244; G.L. 1956, § 30-14-4.
The provisions of chapters 1 — 14 of this title, insofar as they are substantially the same as the statutes existing prior to April 26, 1956, relating to the same subject matter, shall be construed as restatements and continuations of those statutes and not as new enactments.
History of Section. P.L. 1956, ch. 3742, par. 245; G.L. 1956, § 30-14-5.
No action or proceeding commenced before April 26, 1956, and no right accrued, is affected by the provisions of chapters 1 — 14 of this title, but all procedure hereafter taken after April 26, 1956, shall conform to the provisions of those chapters as far as possible.
History of Section. P.L. 1956, ch. 3742, par. 246; G.L. 1956, § 30-14-6.
This chapter may be cited as the “Rhode Island Emergency Management Act”.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2.
The purposes of this chapter are:
(1) To reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action or acts of bioterrorism;
(2) To prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;
(3) To provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;
(4) To clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, and response to and recovery from disasters;
(5) To authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;
(6) To authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of this state, and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;
(7) To provide a disaster management system embodying all four (4) phases of emergency management: mitigation, preparedness, response, and recovery.
(8) [Deleted by P.L. 2000, ch. 170, § 2];
(9) To prepare for emergency health threats, including those caused by acts of bioterrorism, that require the exercise of extraordinary government functions;
(10) To provide the state with the ability to respond rapidly and effectively to potential or actual public health emergencies or disaster emergencies.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2; P.L. 2003, ch. 185, § 4; P.L. 2003, ch. 189, § 4; P.L. 2016, ch. 511, art. 2, § 38.
As used in this chapter:
(1) “Bioterrorism” means the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, an animal, a plant or other living organism;
(2) “Disaster” means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including, but not limited to:
(i) Fire;
(ii) Flood;
(iii) Earthquake;
(iv) Wind, storm, wave action, oil spill, or other water contamination requiring emergency action to avert danger or damage;
(v) Volcanic activity;
(vi) Epidemic;
(vii) Air contamination;
(viii) Blight;
(ix) Drought;
(x) Infestation;
(xi) Explosion;
(xii) Riots;
(xiii) Hostile military or paramilitary action;
(xiv) Endangerment of the health, safety, or resources of the people of the state;
(xv) Acts of bioterrorism;
(3) “Political subdivision” means any city or town in Rhode Island; and
(4) “Unorganized militia” means all able-bodied persons between the ages of sixteen (16) and fifty (50) years.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 1974, ch. 146, § 1; P.L. 2000, ch. 170, § 2; P.L. 2003, ch. 185, § 4; P.L. 2003, ch. 189, § 4.
Nothing in this chapter shall be construed:
(1) To interfere with the course or conduct of a labor dispute except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(2) To interfere with dissemination of news or comment on public affairs; but any communications facility or organization (including, but not limited to, radio or television stations, wire services, and newspapers) may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency;
(3) To affect the jurisdiction or responsibilities of police forces, firefighting forces, or units of the armed forces of the United States, or of any personnel thereof, when on active duty; but state and local disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies; or
(4) To limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provisions of this chapter.
History of Section. P.L. 1973, ch. 67, § 2.
(a) There is hereby created within the executive department, the Rhode Island emergency management agency (hereinafter in this chapter called the “agency”), to be headed by a director, who shall be appointed by, and serve at the pleasure of, the governor and who shall be in the unclassified service.
(b) The director may employ such technical, clerical, stenographic, and other personnel, all of whom shall be in the classified service, and may make such expenditures within the appropriation therefor, or from other funds made available for the purposes of this chapter, as may be necessary to carry out the purposes of this chapter, consistent with other applicable provisions of law.
(c) The agency may provide itself with appropriate office space, furniture, equipment, supplies, stationery, and printing.
(d) The director, subject to the direction and control of the governor, shall be the head of the agency, and shall be responsible to the governor for carrying out the program for disaster preparedness of this state. The director shall coordinate the activities of all organizations for disasters within the state and shall maintain liaison with and cooperate with disaster agencies and organizations of other states and of the federal government. The director shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.
(e) Wherever in the general or public laws, or any rule or regulation, any reference to the “executive director” shall appear, it shall be deemed to mean and shall mean “the director.”
History of Section. P.L. 1973, ch. 67, § 2; P.L. 1996, ch. 100, ch. 41, § 1; P.L. 2000, ch. 170, § 2; P.L. 2014, ch. 145, art. 14, § 1; P.L. 2015, ch. 52, § 1; P.L. 2015, ch. 53, § 1.
(a) There is hereby created the Rhode Island emergency management advisory council (hereinafter in this chapter called the “council”). The council will consist of thirty-eight (38) members as follows:
(1) Twenty-three (23) ex officio members as follows:
(i) The lieutenant governor or designee;
(ii) The adjutant general or designee;
(iii) The director of the department of administration or designee;
(iv) The director of the department of health or designee;
(v) The director of transportation or designee;
(vi) The director of human services or designee;
(vii) The director of the department of public safety or designee;
(viii) The administrator of the division of public utilities and carriers or designee;
(ix) The director of the department of environmental management or designee;
(x) The director of the department of behavioral healthcare, developmental disabilities and hospitals or designee;
(xi) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1];
(xii) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1];
(xiii) The chairperson of the governor’s commission on disabilities or designee;
(xiv) The chairperson of the Rhode Island public transit authority or designee;
(xv) The executive director of the coastal resources management council or designee;
(xvi) The executive director of the American Red Cross, Rhode Island chapter, or designee;
(xvii) The director of the Rhode Island emergency management agency or designee;
(xviii) The state court administrator or designee;
(xix) The executive director of the commission on the deaf and hard of hearing or designee;
(xx) The director of the Providence emergency management agency or designee;
(xxi) The executive director of the E-911 emergency telephone system division or designee;
(xxii) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1];
(xxiii) The secretary of the executive office of health and human services or designee;
(xxiv) The president of the Rhode Island Association of Emergency Managers or designee;
(xxv) The president of the United Way of Rhode Island or designee; and
(xxvi) The executive director of the Rhode Island commission for national and community services or designee.
(2) Fifteen (15) members appointed by, and serving at the pleasure of, the governor, as follows:
(i) Two (2) members of the senate, recommended by the president of the senate, not more than one of whom shall be from the same political party;
(ii) Two (2) members of the house of representatives, recommended by the speaker of the house, not more than one of whom shall be from the same political party;
(iii) One representative of the gas and electric industry;
(iv) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1];
(v) One representative of the telephone industry;
(vi) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1];
(vii) Two (2) representatives of the general public, one of whom shall have expertise in disaster preparedness;
(viii) One representative of the Rhode Island League of Cities and Towns;
(ix) One representative of the media;
(x) One representative of the water supply industry;
(xi) One representative of the healthcare industry;
(xii) One representative of the Rhode Island State Association of Firefighters;
(xiii) One representative of the Rhode Island Association of Fire Chiefs; and
(xiv) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1];
(xv) [Deleted by P.L. 2017, ch. 84, § 1 and P.L. 2017, ch. 86, § 1];
(xvi) One representative of the Rhode Island Police Chiefs Association.
(b) It shall be the duty of the council to advise the governor and the director of the Rhode Island emergency management agency on all matters pertaining to disaster preparedness. The lieutenant governor shall serve as chairperson of the council and the director of the Rhode Island emergency management agency shall serve as vice-chairperson. A quorum shall consist of twelve (12) members of the council. In providing advice to the governor and the director, the council shall, among other matters reasonably related to its authority, do the following:
(1) Establish a regular meeting schedule and form subcommittees as may be appropriate;
(2) Review emergency management plans and other matters as may be acted upon or otherwise provided for in this chapter;
(3) Establish priorities and goals on emergency management matters on an annual basis;
(4) Study emergency management plans in conjunction with the director of the Rhode Island emergency management agency, and otherwise conduct such other studies as may be deemed appropriate;
(5) Review the coordination of the state’s emergency management programs with appropriate authorized agencies and conduct studies on the programs as may be necessary;
(6) Review the plans and operations of the various cities and towns in disaster preparedness in conjunction with the director of the Rhode Island emergency management agency and his or her office as required or necessary; and
(7) [Deleted by P.L. 2000, ch. 170, § 2];
(8) Provide an annual report on its activities in conjunction with the director.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 1980, ch. 226, § 8; P.L. 1981, ch. 124, § 1; P.L. 1986, ch. 77, § 1; P.L. 1987, ch. 63, § 1; P.L. 1996, ch. 100, art. 41, § 1; P.L. 1997, ch. 150, § 7; P.L. 2000, ch. 170, § 2; P.L. 2003, ch. 185, § 4; P.L. 2003, ch. 189, § 4; P.L. 2007, ch. 337, § 1; P.L. 2007, ch. 342, § 1; P.L. 2007, ch. 410, § 1; P.L. 2007, ch. 450, § 1; P.L. 2008, ch. 289, § 1; P.L. 2008, ch. 319, § 1; P.L. 2014, ch. 145, art. 14, § 1; P.L. 2015, ch. 52, § 1; P.L. 2015, ch. 53, § 1; P.L. 2017, ch. 84, § 1; P.L. 2017, ch. 86, § 1.
The governor shall be responsible for carrying out the provisions of this chapter and shall be primarily responsible for emergency management in the state. Aside from powers granted to the governor elsewhere, the governor is hereby specifically authorized to:
(1) Issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations, for the purposes of this chapter, have the force and effect of law;
(2) Cooperate with the federal authorities and with the governors and/or officials of the other states in matters pertaining to the common disaster preparedness of the states and nation, and in exercising the powers under this chapter, the governor shall avoid duplications of, and conflicts with, the efforts of the federal authorities acting within their proper spheres;
(3) Consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At the governor’s direction, and pursuant to any other authority they now have, state agencies, including, but not limited to, those that are or may be charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards, shall make studies of disaster-prevention-related matters. The governor, from time to time, shall make recommendations to the general assembly, local governments, and other appropriate public and private entities as may facilitate measures for mitigation of the harmful consequences of disasters;
(4) Prepare a comprehensive plan and program for disasters (including response and recovery) in the state, the plan and program to be integrated into, and coordinated with, the response and disaster plans of other states to the fullest possible extent, and coordinate the preparation of plans and programs for disasters by the political subdivisions of the state, such plans to be integrated into, and coordinated with the state disaster plan and program to the fullest possible extent;
(5) In accordance with the plans and programs for disasters in the state, procure supplies and equipment, to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of disaster organizations in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces of disaster personnel in time of need;
(6) Delegate any administrative authority vested in the governor under this chapter and provide for the subsequent delegation of that authority; and
(7) Do all other things necessary to ensure adequate preparation for disasters in the state, not inconsistent with other provisions of law.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2; P.L. 2016, ch. 511, art. 2, § 38.
(a) The governor, or the governor’s duly designated representative, is authorized to create and establish any number of mobile support units that may be necessary to reinforce disaster organizations in stricken areas with due consideration of the plans of the federal government and of other states. Mobile support units shall be called to duty upon orders of the governor and shall perform their functions in any part of the state or, upon the conditions specified in this section, in other states.
(b)(1) Personnel of mobile support units while on duty, whether within or without the state, shall:
(i) If they are employees of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment;
(ii) If they are employees of a political subdivision of the state, and whether serving within or without the political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and
(iii) If they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at a rate equivalent to the rate of compensation paid to jurors in state courts, and to the same rights and immunities as are provided by law for the employees of this state.
(2) All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of disaster activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses as if they were temporary state employees.
(c) The state shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the employees of a political subdivision while serving as members of a mobile support unit; and for all payments for death, disability, or injury of those employees incurred in the course of such duty; and for all losses of, or damage to, supplies and equipment of such political subdivision resulting from the operation of that mobile support unit.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2.
(a) The governor shall be responsible for meeting the dangers to the state and people presented by disasters.
(b) A state of emergency shall be declared by executive order or proclamation of the governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is imminent. The state of disaster emergency shall continue until the governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the governor. The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster emergency and what actions are being taken to control the emergency and what action the public should take to protect themselves. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened, and the conditions that have brought it about or that make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, promptly filed with the agency, the secretary of state, and the city and town clerks in the area to which it applies.
(c) An executive order or proclamation of a state of disaster emergency, shall activate the state and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law relating to disaster emergencies.
(d) During the continuance of any state of disaster emergency the governor is commander-in-chief of the organized and unorganized militia and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein restricts the governor’s authority to do so by orders issued at the time of the disaster emergency.
(e) In addition to any other powers conferred upon the governor by law, the governor may exercise the following powers, subject to the provisions of subsection (g) of this section, limited in scope and duration as is reasonably necessary for emergency response:
(1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency, provided that the suspension of any statute, order, rule or regulation will be limited in duration and scope to the emergency action requiring said suspension;
(2) Utilize all available resources of the state government as reasonably necessary to cope with the disaster emergency and of each political subdivision of the state;
(3) Transfer the direction, personnel, or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency services;
(4) Subject to any applicable requirements for compensation under § 30-15-11, commandeer or utilize any private property if the governor finds this necessary to cope with the disaster emergency;
(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation;
(7) Control ingress and egress to and from a high risk area, the movement of persons within the area, and the occupancy of premises therein;
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles;
(9) Make provision for the availability and use of temporary emergency shelter;
(10) Make and promulgate such rules and regulations as the governor may deem advisable for the assigning, detailing, and making available for duty and use in any city or town of this state any of the personnel, apparatus, or equipment of any police or fire department of any other city or town, or of any volunteer fire company, or of any fire district, and that personnel shall have the same powers, duties, rights, privileges, and immunities as if performing their duties in the city or town in which they normally would be employed, but the personnel shall obey the orders of the police and fire authorities of the city or town to which assigned, detailed, or made available. When assigned, detailed, or made available as aforesaid, the city or town in which the police or firefighters shall perform outside duties shall provide them with subsistence or pay them a reasonable allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred while being so used; provided, however, that a city or town shall be reimbursed by the state out of the general fund of the state for all expenses incurred under the foregoing provisions of this subsection;
(11) Designate as a special emergency health and sanitation area, any area within the state that has been seriously damaged by disaster, or in which the existence of any military, naval, or air establishment of the United States of America or of any industrial establishment constructed or enlarged for purposes of national defense, has caused an increase in the population of that area to such an extent as to produce unusual problems of health and sanitation. It is the duty of state health authorities and the local code enforcement officials to make and enforce rules and regulations designed to prevent the introduction of any contagious or infectious disease and to safeguard the public health within the area. The governor may promulgate and enforce additional rules and regulations for the protection of the public health within areas as may be necessary;
(12) Whenever, in the governor’s opinion, due to a disaster there is liable to be a serious shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal authorities are not adequately dealing with the situation, promulgate such rules and regulations as he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering from, those necessities; additionally, during a declared time of state or national emergency, no person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail immediately prior to the proclamation of emergency or during the proclaimed state of emergency. Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs during the normal course of business. Any person, firm, or corporation who or that violates any provision of this subsection shall be fined not more than one hundred dollars ($100);
(13) Do all other things necessary to effectively cope with disasters in the state not inconsistent with other provisions of law;
(14) Adopt and enforce measures to provide for the safe disposal of infectious waste as may be reasonable and necessary for emergency response due to a state disaster emergency. Such measures may include, but are not limited to, the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste;
(15) Adopt and enforce measures to provide for the safe disposal of corpses as may be reasonable and necessary for emergency response due to a state disaster emergency. Such measures may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, transportation, and disposal of corpses; and
(16) Compel a person to submit to a physical examination and/or testing as necessary to diagnose or treat the person. The medical examination and/or testing may be performed by any qualified person authorized by the department of health and must not be reasonably likely to result in serious harm to the affected individual. The medical examination and/or testing shall be performed immediately upon the order of the department of health without resort to judicial or quasi-judicial authority. If the department of health is uncertain whether a person who refuses to undergo medical examination and/or testing may have been exposed to an infectious disease or otherwise poses a danger to public health, the department of health may subject the individual to isolation or quarantine pursuant to § 23-8-4.
(f) Nothing contained herein shall be construed to limit or restrict the power of the general assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35-4-22.1.
(g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this section for disaster emergency response shall not exceed a period of one hundred eighty (180) days from the date of the emergency order or proclamation of a state of disaster emergency, unless and until the general assembly extends the one hundred eighty (180) day period by concurrent resolution.
(h) Nothing contained in subsection (g) of this section shall be construed to apply to the following executive orders issued by the governor that shall remain in effect and may be extended by further executive order up to, but not beyond, September 1, 2021:
(1) 20-06;
(2) 20-19;
(3) 20-37;
(4) 20-46 as amended by 21-60;
(5) 20-72;
(6) 21-26;
(7) 21-67; and
(8) 21-68, limited to paragraph 8.
History of Section. P.L. 1973, ch. § 2; P.L. 2000, ch. 170, § 2; P.L. 2003, ch. 185, § 4; P.L. 2003, ch. 189, § 4; P.L. 2004, ch. 64, § 1; P.L. 2004, ch. 83, § 1; P.L. 2016, ch. 511, art. 2, § 38; P.L. 2021, ch. 162, art. 3, § 3, effective July 6, 2021.
(a) It is the intent of the general assembly and declared to be the policy of the state that funds to meet disaster emergencies shall always be available.
(b) A disaster emergency funding board is hereby established, composed of the president of the senate, the speaker of the house, and the chairpersons of the senate and house finance committees.
(c) It is the legislative intent that the first recourse shall be to funds regularly appropriated to state and local agencies. If the governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, with the concurrence of the disaster emergency funding board, he or she may make funds available by transferring and expending moneys appropriated for other purposes or may borrow for a term not to exceed two (2) years from the United States government or any other private source.
(d) Nothing contained in this section shall be construed to limit the governor’s authority to apply for, administer, and expend any grants, gifts, or payments, in aid of disaster prevention, preparedness, response, or recovery.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2001, ch. 180, § 61.
(a) There is hereby created an emergency claims commission, consisting of three (3) qualified electors of this state, who shall, if deemed necessary, within ten (10) days after the governor proclaims an emergency, be appointed by the presiding justice of the superior court. Any vacancy in the membership of the commission shall be filled immediately by the presiding justice. The presiding justice shall fix the per diem compensation of the members of the commission. The commission shall determine what sum will justly compensate the claimant for the property taken, and that determination shall be made in accordance with the procedure established by the majority of the justices of the superior court, which procedure shall be designed to secure the just, speedy, and inexpensive determination of claims for compensation. The commission may hire, and the state shall pay for, the services of any skilled and disinterested appraisers that the commission shall deem necessary to assist it in the performance of its duties. The clerk of the superior court for Providence county shall detail one of the assistant clerks and any clerical assistance that may be necessary to assist the commission in performing its duties, and when and if the commission so requests, the clerks of the superior courts for the other counties of the state shall furnish the commission any clerical assistance that it may require. The proper authorities shall provide the commission with suitable and convenient quarters in the courthouses of the state.
(b) Whenever the governor takes possession of, or title to, any real or personal property pursuant to the provisions of this chapter, he or she shall immediately cause the owner and/or possessor of the property, referred to as the “claimant”, to be notified in any manner that the commission provides, and shall also cause a copy of the notice to be filed with the commission. If the claimant or the attorney general representing the state is not satisfied with the award made by the commission, he or she may appeal within thirty (30) days after the award to the superior court and the proceedings shall thereafter be conducted in the superior court in accordance with the guaranties of the constitution and any rules of procedure that a majority of the justices of the court may adopt. Review by the supreme court shall be available to the state and to the claimant in accordance with any rules that a majority of the justices of the supreme court may adopt provided a petition for review is filed in the office of the clerk of the supreme court within thirty (30) days after entry of the decision of the superior court. These proceedings shall have precedence on the calendars of the courts. All unappealed awards and final judgments entered against the state in all proceedings and the fees and expenses of the commission shall be paid by the general treasurer out of any money in the treasury appropriated for this purpose and/or any money in the treasury not otherwise appropriated, and this direction shall constitute an appropriation for the payment of the awards, judgments, fees, and expenses.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2.
(a) Each city and town of the state shall establish, through local ordinance, a comparable agency, headed by a director, similar to the statewide disaster agency, with powers and duties within their respective jurisdictions similar to those of the agency. This agency shall be known as the “(here insert the name of the city or town) emergency management agency”. Local agencies shall cooperate with and assist the agency and shall perform such services as may be requested by it. Local agencies may act jointly with other such agencies.
(b) The chief executive officer of each city or town has powers and duties with respect to emergency management within his or her city or town similar to those of the governor on the state level, not inconsistent with other provisions of law.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2; P.L. 2016, ch. 511, art. 2, § 38.
(a) A local disaster emergency may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven (7) days except by, or with the consent of, the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or town clerk.
(b) The effect of a declaration of a local disaster emergency is to activate the mitigation response and recovery aspects of any and all applicable local disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2.
(a) This state hereby enacts into law and enters into the interstate emergency management and disaster compact with all states, as defined therein, which states have enacted or shall hereafter enact the compact in the form substantially as follows:
Article 1. The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including terrorism. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, are essential to the safety, care and welfare of the people thereof in the event of any emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among various state emergency management agencies or similar bodies of the states that are parties hereto. The directors of emergency management of all party states shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
Article 2. It shall be the duty of each party state to formulate emergency management plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the federal emergency management agency and the free exchange of information and plans, including inventories of any materials and equipment available. In carrying out such plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Official identification to designate and distinguish the different emergency management services;
(b) Mobilization of emergency management forces and other tests and exercises;
(c) Warnings and signals tests, including mechanical devices to be used in connection therewith;
(d) The effective utilization of the emergency alert system;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services when deemed in the interest of overall public safety;
(f) All materials or equipment used or to be used for emergency management purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state;
(g) The conduct of population and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or actual emergencies or disasters;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
Article 3. Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the emergency management forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services, State of Rhode Island emergency management forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the emergency management authorities of the state receiving assistance.
Article 4. Whenever any person holds a license, certificate or other permit issued by a state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster and such state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered.
Article 5. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
Article 6. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation, and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, public assistance, transportation and communications personnel, equipment and supplies.
Article 7. Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency management forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.
Article 8. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such request; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state supplying emergency management forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such assistance during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
Article 9. Plans for the orderly evacuation and reception of the general population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local emergency management areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States government under plans approved by it. After the termination of the emergency or disaster the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
Article 10. This compact shall be available to any state, territory or possession of the United States, and the District of Columbia. The term “state” may also include any neighboring foreign country or province or state thereof.
Article 11. The committee established pursuant to article 1 of this compact may request the civil defense agency of the United States government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States government may attend meetings of such committee.
Article 12. This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and the Rhode Island emergency management agency and other appropriate agencies of the United States government.
Article 13. This compact shall continue in force and remain binding on each party state until the legislature or the governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the governor of the party state desiring to withdraw to the governors of all other party states.
Article 14. (a) This compact shall be construed to effectuate the purposes stated in article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
(b) Nothing in subsection (a) shall be construed to limit previous or future entry into the interstate emergency management and disaster compact of Rhode Island with other states.
(c) If any person holds a license, certificate, or other permit issued by any other state or political subdivision thereof evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in Rhode Island to meet an emergency or disaster, and this state shall give due recognition to the license, certificate, or other permit.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2.
(a) All functions under this chapter, and all other activities relating to disaster response, are hereby declared to be governmental functions. Neither the state, nor any political subdivision thereof, nor other agencies of the state or political subdivision thereof, nor, except in cases of willful misconduct, gross negligence, or bad faith, any disaster response worker complying with, or reasonably attempting to comply with this chapter, or any order, rule, or regulation promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state, shall be liable for the death of, or injury to, persons, or for damage to property, as a result of disaster response activity. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, nor under the Workers’ Compensation Act, chapters 29 — 38 of title 28, nor under any pension law, nor the right of any person to receive any benefits or compensation under any act of Congress.
(b) Any requirement for a license to practice any professional, mechanical, or other skill shall not apply to any authorized disaster response worker who shall, in the course of performing his or her duties as such, practice such professional, mechanical, or other skill during a disaster emergency.
(c) In the absence of any other benefits as provided by law, all disaster response workers who shall be killed or sustain disability or injury while in training for or on disaster response duty shall be construed to be employees of the state, any other provisions of the law to the contrary notwithstanding, and shall be compensated in like manner as state employees are compensated under the provisions of chapters 29 — 38 of title 28.
(d) In the absence of any other benefits as provided by law, any and all authorized disaster response workers who shall, in the course of performing their duties as such, practice professional, architecture, mechanical, engineering or other skill during a disaster emergency shall be entitled to all rights in like manner as state employees under the provisions of chapters 29 — 38 of title 28 and under § 9-31-8.
(e) As used in this section, the term “disaster response worker” shall include any full- or part-time paid, volunteer, or auxiliary employee of this state, other states, territories, or possessions, the District of Columbia, the federal government, any neighboring country, or any political subdivision thereof, or any agency or organization, or any private person, firm, or corporation performing disaster response services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2003, ch. 185, § 4; P.L. 2003, ch. 189, § 4; P.L. 2016, ch. 511, art. 2, § 38; P.L. 2025, ch. 403, § 1, effective July 2, 2025; P.L. 2025, ch. 404, § 1, effective July 2, 2025.
Any person controlling real estate or other premises who voluntarily, and without compensation, grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of that real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice disaster shall, together with his or her successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about the real estate or premises or for the loss of, or damage to, the property of that person.
History of Section. P.L. 1973, ch. 67, § 2.
If any part, subdivision, or section of this chapter shall be declared unconstitutional, the validity of the remaining parts thereof shall not be affected thereby. If any provision of this chapter, or the application of that provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of that provision to other persons or circumstances shall not be affected thereby.
History of Section. P.L. 1973, ch. 67, § 2.
It shall be the duty of every organization for disaster preparedness and response established pursuant to this chapter, and of the officers thereof, to execute and enforce such orders, rules, and regulations as may be made by the governor under authority of this chapter. Each organization shall have available for inspection at its office all orders, rules, and regulations made by the governor or under his or her authority.
History of Section. P.L. 1973, ch. 67, § 2.
This chapter shall be construed liberally, but those charged with the exercise or enforcement of its great powers are directed to act with restraint and moderation and with strict regard to the rights of the people.
History of Section. P.L. 1973, ch. 67, § 2.
Wherever in any general or public law, the words “state council of defense”, “Rhode Island state council of defense”, or “council of defense” shall appear, these words shall mean and include the “Rhode Island emergency management agency” as established by this chapter. The “Rhode Island emergency management agency”, renamed by the action of this chapter, is hereby declared to be the successor to the Rhode Island state council of defense. All provisions of law shall, so far as applicable, be so construed.
History of Section. P.L. 1973, ch. 67, § 2; P.L. 2000, ch. 170, § 2.
Any person violating any provisions of this chapter or any rule, order, or regulation promulgated pursuant to this chapter shall upon conviction thereof be punishable by a fine not exceeding five hundred dollars ($500), or imprisonment not exceeding ninety (90) days, or both.
History of Section. P.L. 1979, ch. 213, § 1; P.L. 2016, ch. 511, art. 2, § 38.
[Repealed]
History of Section. P.L. 1985, ch. 181, art. 29, § 17; P.L. 1996, ch. 100, art. 41, § 1; Repealed by P.L. 2000, ch. 170, § 3, effective July 13, 2000.
[Repealed]
(a) Findings. The general assembly hereby recognizes the paramount importance of establishing an emergency response plan for the transportation of liquefied natural gas within the state. The general assembly hereby also declares that the establishment of the emergency response plan is in the interest of the public health, safety, and welfare as a means to protect against the potential hazards presented by the transportation of liquefied natural gas.
(b) No emergency response plan for the transportation of liquefied natural gas through the waters of Narragansett Bay and/or Mount Hope Bay shall be issued or implemented by the Rhode Island emergency management agency prior to the approval of the aforementioned emergency response plan by the general assembly and the city or town councils of Bristol, Jamestown, Middletown, Newport, Portsmouth, Tiverton, and Warren.
History of Section. P.L. 2008, ch. 208, § 1; P.L. 2016, ch. 511, art. 2, § 38.
(a) There is hereby created within the Rhode Island emergency management agency a committee consisting of twenty-one (21) members, pursuant to the provisions of § 30-15-2 of this chapter, the interoperable communications committee (ICC), for the purpose of addressing the challenges associated with the statewide communications interoperability.
(b) The interoperable communications committee (hereinafter referred to as the “committee”) shall consist of the following members who shall assemble no less than twelve (12) times annually or more often at the call of the chairperson or upon petition of a majority of its members:
(1) The adjutant general of the Rhode Island national guard, or his/her designee;
(2) The president of the Rhode Island Fire Chief’s Association, or his/her designee;
(3) The president of the Rhode Island Police Chief’s Association, or his/her designee;
(4) The executive director of the Rhode Island emergency management agency, or his/her designee;
(5) A representative from a Rhode Island Level 1 trauma center designated by the president of the facility;
(6) The chairperson of the Hospital Association of Rhode Island (HARI), or his/her designee;
(7) The director of the city of Providence communications division, or his/her designee;
(8) A representative of the Rhode Island statewide communications network (RISCON) system north zone appointed by the executive director of the Rhode Island emergency management agency;
(9) A representative of the Rhode Island statewide communications network (RISCON) system south zone appointed by the executive director of the Rhode Island emergency management agency;
(10) The colonel/superintendent of the Rhode Island state police, or his/her designee;
(11) The director of the Rhode Island department of environmental management, or his/her designee;
(12) The director of the Rhode Island department of transportation, or his/her designee;
(13) The director of the Rhode Island department of corrections, or his/her designee;
(14) The director of the Rhode Island department of information technology, or his/her designee;
(15) The director of the Rhode Island department of health, or his/her designee;
(16) The director of the Rhode Island public transit authority, or his/her designee;
(17) The director of the Rhode Island bridge and turnpike authority, or his/her designee;
(18) The associate director of the Rhode Island E-911 system, or his/her designee;
(19) Chief Sachem of the Narragansett Indian Tribe, or his/her designee;
and two (2) members appointed by the executive director of the Rhode Island emergency management agency.
Each member of the committee may appoint a permanent designee to attend committee meetings in his/her absence. A quorum at meetings of the committee shall consist of a majority of its current membership.
History of Section. P.L. 2009, ch. 104, § 1; P.L. 2009, ch. 107, § 1.
The Rhode Island emergency management agency is hereby authorized and empowered to provide for the installation, operation, and maintenance of a statewide interoperable communications system for the purpose of promptly collecting, exchanging, disseminating, and distributing information relating to police, fire, first responder, and first-receiving health care facilities of the state. The system is to be installed, operated, and maintained in such cities and towns and entities as have organized systems and may connect directly or indirectly with similar systems in other states in accordance with rules and regulations as promulgated by the Rhode Island emergency management agency. These rules and regulations shall be reviewed and revised from time to time by the interoperable communications committee as established in § 30-15-42. The Rhode Island emergency management agency is authorized to provide, for the location of the receiving system sites and to employ the necessary personnel for its operation. The system shall be called the Rhode Island statewide communications network (RISCON). The state departments and agencies and the cities and towns are authorized to provide through federal funding when available and general revenue when allocated, within the appropriations provided by law, for the location of equipment and for the personnel and supplies for their proper operation. The character of communication sent, and the time, place, and manner of sending messages, and all matters in connection with the RISCON system, shall be under the control and management of the executive director of the Rhode Island emergency management agency.
History of Section. P.L. 2009, ch. 104, § 1; P.L. 2009, ch. 107, § 1; P.L. 2016, ch. 511, art. 2, § 38.
The International Emergency Management Assistance Compact is hereby entered into and enacted into law with any and all of the states legally joining therein in the form substantially as follows:
Article I Purpose and Authorities — The International Emergency Management Assistance Memorandum of Understanding, hereinafter referred to as the “compact,” is made and entered into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter referred to as “party jurisdictions.” For the purposes of this agreement, the term “jurisdictions” may include any or all of the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and the Provinces of Québec, New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland and Labrador, and such other states and provinces as may hereafter become a party to this compact.
The purpose of this compact is to provide for the possibility of mutual assistance among the jurisdictions entering into this compact in managing any emergency or disaster when the affected jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster, technological hazard, man-made disaster or civil emergency aspects of resource shortages.
This compact also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation, including, if need be, emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party jurisdictions during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of emergency forces by mutual agreement among party jurisdictions.
Article II General Implementation — Each party jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a party jurisdiction and that intergovernmental cooperation is essential in such circumstances. Each jurisdiction further recognizes that there will be emergencies that may require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few, if any, individual jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full and effective utilization of resources of the participating jurisdictions, including any resources on hand or available from any other source that are essential to the safety, care and welfare of the people in the event of any emergency or disaster, shall be the underlying principle on which all articles of this compact are understood.
On behalf of the party jurisdictions participating in the compact, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate inter-jurisdictional mutual aid plans and procedures necessary to implement this compact, and for recommendations to the jurisdiction concerned with respect to the amendment of any statutes, regulations or ordinances required for that purpose.
Article III Party Jurisdiction Responsibilities — (a) Formulate plans and programs. It is the responsibility of each party jurisdiction to formulate procedural plans and programs for inter-jurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the party jurisdictions, to the extent practical, shall:
(1) Review individual jurisdiction hazards analyses that are available and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages;
(2) Initiate a process to review party jurisdictions’ individual emergency plans and develop a plan that will determine the mechanism for the inter-jurisdictional cooperation;
(3) Develop inter-jurisdictional procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
(4) Assist in warning communities adjacent to or crossing jurisdictional boundaries;
(5) Protect and ensure delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material to the extent authorized by law; and
(6) Inventory and agree upon procedures for the inter-jurisdictional loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
(b) Request assistance. The authorized representative of a party jurisdiction may request assistance of another party jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in writing within fifteen (15) days of the verbal request. Requests must provide the following information:
(1) A description of the emergency service function for which assistance is needed and of the mission or missions, including, but not limited to, fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue;
(2) The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; and
(3) The specific place and time for staging of the assisting party’s response and a point of contact at the location.
(c) Consultation among party jurisdiction officials. There shall be frequent consultation among the party jurisdiction officials who have assigned emergency management responsibilities, such officials collectively known hereinafter as the International Emergency Management Group, and other appropriate representatives of the party jurisdictions with free exchange of information, plans and resource records relating to emergency capabilities to the extent authorized by law.
Article IV Limitation — Any party jurisdiction requested to render mutual aid or conduct exercises and training for mutual aid shall undertake to respond as soon as possible, except that it is understood that the jurisdiction rendering aid may withhold or recall resources to the extent necessary to provide reasonable protection for that jurisdiction. Each party jurisdiction shall afford to the personnel of the emergency forces of any party jurisdiction, while operating within its jurisdictional limits under the terms and conditions of this compact and under the operational control of an officer of the requesting party, the same powers, duties, rights, privileges and immunities as are afforded similar or like forces of the jurisdiction in which they are performing emergency services. Emergency forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency services authorities of the jurisdiction receiving assistance. These conditions may be activated, as needed, by the jurisdiction that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect or loaned resources remain in the receiving jurisdiction or jurisdictions, whichever is longer. The receiving jurisdiction is responsible for informing the assisting jurisdictions of the specific moment when services will no longer be required.
Article V Licenses and Permits — Whenever a person holds a license, certificate or other permit issued by any jurisdiction party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party jurisdiction, such person is deemed to be licensed, certified or permitted by the jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by executive order or otherwise.
Article VI Liability — Any person or entity of a party jurisdiction rendering aid in another jurisdiction pursuant to this compact are considered agents of the requesting jurisdiction for tort liability and immunity purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact are not liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article does not include willful misconduct, gross negligence or recklessness.
Article VII Supplementary Agreements — Because it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more jurisdictions may differ from that among the jurisdictions that are party to this compact, this compact contains elements of a broad base common to all jurisdictions, and nothing in this compact precludes any jurisdiction from entering into supplementary agreements with another jurisdiction or affects any other agreements already in force among jurisdictions. Supplementary agreements may include, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
Article VIII Workers’ Compensation and Death Benefits — Each party jurisdiction shall provide, in accordance with its own laws, for the payment of workers’ compensation and death benefits to injured members of the emergency forces of that jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.
Article IX Reimbursement — Any party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if requested, be reimbursed by the party jurisdiction receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with those requests. An aiding party jurisdiction may assume in whole or in part any such loss, damage, expense or other cost or may loan such equipment or donate such services to the receiving party jurisdiction without charge or cost. Any two or more party jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under article VIII are not reimbursable under this section.
Article X Evacuation — Each party jurisdiction shall initiate a process to prepare and maintain plans to facilitate the movement of and reception of evacuees into its territory or across its territory, according to its capabilities and powers. The party jurisdiction from which the evacuees came shall assume the ultimate responsibility for the support of the evacuees, and after the termination of the emergency or disaster, for the repatriation of such evacuees.
Article XI Implementation — (a) This compact is effective upon its execution or adoption by any two (2) jurisdictions, and is effective as to any other jurisdiction upon its execution or adoption thereby: subject to approval or authorization by the U.S. Congress, if required, and subject to enactment of provincial or state legislation that may be required for the effectiveness of the Memorandum of Understanding.
(b) Any party jurisdiction may withdraw from this compact, but the withdrawal does not take effect until thirty (30) days after the governor or premier of the withdrawing jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other party jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal.
(c) Duly authenticated copies of this compact in the French and English languages and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party jurisdictions.
Article XII Severability — This compact is construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the validity of the remainder of this compact and the applicability of the compact to other persons and circumstances are not affected.
Article XIII Inconsistency of Language — The validity of the arrangements and agreements consented to in this compact shall not be affected by any insubstantial difference in form or language as may be adopted by the various states and provinces.
Article XIV Amendment — This compact may be amended by agreement of the party jurisdictions.
History of Section. P.L. 2013, ch. 175, § 1; P.L. 2013, ch. 227, § 1.
During any declared state or local disaster emergency pursuant to this chapter, mental health and substance use disorder services provided by Alcoholics Anonymous, Narcotics Anonymous, or other agencies that provide similar services to those seeking support for substance use disorders shall be considered an essential health benefit and the services provided thereby shall be permitted during the disaster emergency; provided, that adequate measures are implemented to provide the services safely within whatever guidelines may be established to address the issues relative to the declared disaster emergency.
History of Section. P.L. 2021, ch. 416, § 1, effective July 14, 2021; P.L. 2021, ch. 417, § 1, effective July 14, 2021.
Whenever, due to an emergency resulting from the effects of a disaster, or the anticipated effects of a potential disaster, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Providence, county of Providence, state of Rhode Island, the governor shall, as often as the exigencies of the situation require, by executive order or proclamation, declare an emergency temporary location, or locations, for the seat of government at such a place, or places, within or without this state as he or she may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to that emergency temporary location or locations. The emergency temporary location, or locations, shall remain as the seat of government until the general assembly shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
History of Section. P.L. 1963, ch. 17, § 1; P.L. 2000, ch. 170, § 4.
During the time the seat of government remains at the emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, or department of authority of this state, including the convening and meeting of the general assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at the emergency temporary location, or locations, as if performed at the normal location of the seat of government.
History of Section. G.L. 1956, § 30-15.1-2; P.L. 1963, ch. 17, § 1.
The provisions of this chapter shall control and be supreme in the event it shall be employed, notwithstanding the provisions of any other law to the contrary or in conflict herewith.
History of Section. G.L. 1956, § 30-15.1-3; P.L. 1963, ch. 17, § 1.
Whenever, due to an emergency resulting from the effects of a disaster, or the anticipated effects of a potential disaster, it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place or places of the local government, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of the political subdivision on the call of the principal executive officer or any two (2) members of the governing body, and shall proceed to establish and designate by ordinance, executive order, resolution, or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. These sites or places may be within or without the territorial limits of the political subdivision and may be within or without this state.
History of Section. P.L. 1963, ch. 19, § 1; P.L. 2000, ch. 170, § 5.
During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at that location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon the body and officers by or under the laws of this state. These powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to, or compliance with, time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of the body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
History of Section. G.L. 1956, § 30-15.2-2; P.L. 1963, ch. 19, § 1.
The provisions of this chapter shall control and be supreme in the event it shall be employed, notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith.
History of Section. G.L. 1956, § 30-15.2-3; P.L. 1963, ch. 19, § 1.
[Repealed]
Whenever the governor has declared a disaster emergency to exist under the laws of this state, or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:
(1) Notwithstanding any other provision of law, through the use of state departments or agencies, or the use of any of the state’s instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage that may threaten public health or safety, or public or private property; and
(2) To accept funds from the federal government and utilize those funds to make grants to any local government for the purpose of removing debris or wreckage from publicly or privately owned land or water.
History of Section. P.L. 1975, ch. 124, § 1; P.L. 2016, ch. 511, art. 2, § 39.
(a) Authority under this chapter shall be exercised unless the affected local government, corporation, organization, or individual shall first present an unconditional authorization for removal of the debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the state government against any claim arising from the removal.
(b) Whenever the governor provides for clearance of debris or wreckage pursuant to subsection (a) of this section, employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.
(c) Except in cases of willful misconduct, gross negligence, or bad faith, any state employee or agent complying with orders of the governor and performing duties pursuant thereto under this chapter shall not be liable for the death of, or injury to, any persons or damage to any property.
History of Section. P.L. 1975, ch. 124, § 1.
The governor is authorized to make rules and regulations to carry out this chapter.
History of Section. P.L. 1975, ch. 124, § 1.
Whenever the governor has declared a disaster emergency to exist under the laws of this state, or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:
(1) Upon the determination by the governor that a local government of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the local government, for a loan, and to receive and disburse the proceeds of any approved loan to any applicant local government;
(2) To determine the amount needed by any applicant local government to restore or resume its governmental functions and to certify that amount to the federal government; provided, however, that no application amount shall exceed twenty-five percent (25%) of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs; and
(3) To recommend to the federal government, based upon the governor’s review, the cancellation of all or any part of repayment when, in the first three (3), full fiscal-year period following the major disaster, the revenues of the local government are insufficient to meet its operating expenses, including additional disaster related expenses of a municipal operation character.
History of Section. P.L. 1975, ch. 159, § 1.
Whenever the governor has declared a disaster emergency to exist under the laws of this state, or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:
(1) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make these units available to any political subdivision of the state;
(2) To assist any political subdivision of this state that is the locus of temporary housing for disaster victims to acquire sites necessary for temporary housing and to do all things required to prepare the site to receive and utilize temporary housing units, by:
(i) Advancing or lending funds available to the governor from any appropriation made by the general assembly or from any other source;
(ii) “Passing through” funds made available by any agency, public or private; or
(iii) Becoming a co-partner with the political subdivision for the execution and performance of any temporary housing for disaster victims project and, for those purposes, to pledge the credit of the state on such terms as the governor deems appropriate, having due regard for current debt transactions of the state; and
(3) Under such regulations as the governor shall prescribe, to temporarily suspend or modify, for a period not to exceed sixty (60) days, any public health, safety, zoning, transportation (within or across the state), or other requirement of law or regulation within this state when by proclamation, the governor deems the suspension or modification essential to provide temporary housing for disaster victims.
History of Section. P.L. 1975, ch. 160, § 1; P.L. 2016, ch. 511, art. 2, § 40.
Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for the installation of temporary housing units for disaster victims, and to enter into whatever arrangements (including purchase of temporary housing units and the payment of transportation charges) are necessary to prepare or equip those sites to utilize the housing units.
History of Section. P.L. 1975, ch. 160, § 1.
The governor is authorized to make rules and regulations necessary to carry out the purposes of this chapter.
History of Section. P.L. 1975, ch. 160, § 1.
Nothing contained in this chapter shall be construed to limit the governor’s authority to apply for, administer, and expend any grants, gifts, or payments, in aid of disaster prevention, preparedness, response, or recovery.
History of Section. P.L. 1975, ch. 160, § 1.
“Major disaster”, “emergency”, and “temporary housing”, as used in this chapter, shall have the same meaning as the terms are defined, or used, in the Disaster Relief Act of 1974, 42 U.S.C. §§ 5121 — 5201.
History of Section. P.L. 1975, ch. 160, § 1.
Whenever the governor has declared a disaster emergency to exist under the laws of this state, or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:
(1) Upon determination by the governor that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, to accept a grant by the federal government to fund financial assistance, subject to such terms and conditions as may be imposed upon the grant; and
(2) To enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to participate in the funding of the financial assistance authorized in subsection (a) of this section, in an amount not to exceed twenty-five percent (25%) thereof, and, if state funds are not otherwise available to the governor, to accept an advance of the state share from the federal government to be repaid when the state is able to do so.
History of Section. P.L. 1975, ch. 162, § 1.
Notwithstanding any other provision of law or regulation, the governor is authorized to make financial grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which cannot otherwise adequately be met from other means of assistance, which shall not exceed five thousand dollars ($5,000) in the aggregate, to an individual or family in any single major disaster declared by the president of the United States.
History of Section. P.L. 1975, ch. 162, § 1.
The general assembly shall, from time to time, appropriate sufficient sums out of the general treasury not otherwise appropriated to carry out the purposes of this chapter.
History of Section. P.L. 1975, ch. 162, § 1.
The governor shall make such regulations as are necessary for the carrying out of this chapter, including, but not limited to:
(1) Standards of eligibility for persons applying for benefits;
(2) Procedures for applying and administration;
(3) Methods of investigation, filing, and approving applications; and
(4) Formation of local or statewide boards to pass upon applications and procedures for appeals.
History of Section. P.L. 1975, ch. 162, § 1.
Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under this chapter shall, upon conviction of each offense, be subject to a fine of not more than five thousand dollars ($5,000), or imprisonment for not more than one year, or both.
History of Section. P.L. 1975, ch. 162, § 1.
(a) The governor may enter into an agreement with any state bordering Rhode Island or with any office or agency of that state pledging to the state of Rhode Island participation in a mutual aid plan in the event of a disaster.
(b) The mutual agreement entered into by the state of Rhode Island and any other border state shall be activated only when the governor has declared a disaster to exist under the laws of this state, or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state or the border state.
History of Section. P.L. 1979, ch. 165, § 1; P.L. 2000, ch. 170, § 7.
The governor is authorized to make such rules and regulations as may be necessary to carry out the intent of this chapter.
History of Section. P.L. 1979, ch. 165, § 1.
(a) The police chief of a city or town in Rhode Island may enter into an agreement, which is subject to approval by each city or town council by adoption of a resolution in support of it with another city or town, which is adjacent to and borders on the state of Rhode Island, to provide mutual aid and assistance for all police services prescribed by law within any portion of the jurisdiction of the city or town of the chief granting the authority.
(b) The officers responding to the request and agreement shall have the same authority, powers, duties, privileges and immunities for jurisdictional purposes as a duly appointed police officer of the city or town making the request.
(c) All wage and disability payments, pension, workers’ compensation claims, medical expenses or other employment benefits will be the responsibility of the employing agency, unless the requesting agency is reimbursed for such costs from any other source. Each agency shall be responsible for the negligence of its employees to the extent specified by law.
(d) A copy of any agreement entered into pursuant to this section shall be provided to the superintendent of the Rhode Island state police.
(e) The governor shall have the authority to suspend an agreement entered into pursuant to this section upon a finding that the suspension is in the interest of public safety.
History of Section. P.L. 2002, ch. 142, § 2.
This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this company may include the use of the states’ National Guard forces, either in accordance with the National Guard Mutual Assistance Company or by mutual agreement between states.
History of Section. P.L. 1997, ch. 82, § 1.
Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all provisions of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
History of Section. P.L. 1997, ch. 82, § 1.
(a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this section. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:
(1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack.
(2) Review party states’ individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.
(3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
(4) Assist in warning communities adjacent to or crossing the state boundaries.
(5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material.
(6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
(b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information:
(1) A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
(2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting party’s response and a point of contact at that location.
(c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans and resource records relating to emergency capabilities.
History of Section. P.L. 1997, ch. 82, § 1.
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s) whichever is longer.
History of Section. P.L. 1997, ch. 82, § 1.
Whenever any person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
History of Section. P.L. 1997, ch. 82, § 1.
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.
History of Section. P.L. 1997, ch. 82, § 1.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
History of Section. P.L. 1997, ch. 82, § 1.
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
History of Section. P.L. 1997, ch. 82, § 1.
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume, in whole or in part, such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost: provided, however, that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Section 30-15.9-8 expenses shall not be reimbursable under this provision.
History of Section. P.L. 1997, ch. 82, § 1; P.L. 2016, ch. 511, art. 1, § 13.
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
History of Section. P.L. 1997, ch. 82, § 1.
(a) This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
(c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the federal emergency management agency and other appropriate agencies of the United States government.
History of Section. P.L. 1997, ch. 82, § 1.
This compact shall be construed to effectuate the purposes stated in § 30-15.9-1. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
History of Section. P.L. 1997, ch. 82, § 1.
Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.
History of Section. P.L. 1997, ch. 82, § 1.
The director of the Rhode Island emergency management agency shall, on or before the first day of January, one thousand nine hundred ninety-eight, provide to the general assembly and the governor copies of all mutual aid plans and procedures promulgated, developed, or entered into after the effective date of this section. The director shall annually thereafter provide the general assembly and governor with copies of all new or amended mutual aid plans and procedures on or before the first day of January of each year.
History of Section. P.L. 1997, ch. 82, § 1; P.L. 2015, ch. 52, § 2; P.L. 2015, ch. 53, § 2.
No contract or agreement for the sale or construction of a bomb shelter, so-called, shall be valid unless, before the time of the making of the contract or agreement, the seller, builder, or erector shall have delivered a written statement in the English language to the purchaser in a form approved by the state department of transportation, fully setting forth the degree of protection afforded by that bomb shelter.
History of Section. P.L. 1942, ch. 1151, § 1; G.L. 1956, § 30-16-1.
Each seller, builder, and/or erector of bomb shelters, so-called, shall register his or her name and place of business with the state department of transportation and furnish it with the specifications of those bomb shelters and a copy of the statement referred to in § 30-16-1, and if the department finds that if those specifications are followed the bomb shelter will afford the degree of protection claimed in that statement, then the department shall issue to that seller, builder, and/or erector, as the case may be, a permit to sell, build, and/or erect the bomb shelter described in those specifications.
History of Section. P.L. 1942, ch. 1151, § 2; G.L. 1956, § 30-16-2.
Any person, firm, or corporation selling, building, or erecting a bomb shelter, so-called, without first having obtained a permit issued under the provisions of this chapter or violating any other provision of this chapter, shall be guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding one year, or both, at the discretion of the court.
History of Section. P.L. 1942, ch. 1151, § 3; G.L. 1956, § 30-16-3.
In cities and towns having an inspector of buildings, the powers, duties, and prerogatives given to the state department of transportation by this chapter shall be exercised and performed by that inspector of buildings, without reference in any manner to the state department of transportation.
History of Section. P.L. 1942, ch. 1151, § 4; G.L. 1956, § 30-16-4.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 7; P.L. 1901, ch. 809, § 20; G.L. 1909, ch. 104, § 7; G.L. 1923, ch. 116, § 7; P.L. 1927, ch. 960, § 1; P.L. 1930, ch. 1555, § 1; G.L. 1938, ch. 654, § 6; impl. am. P.L. 1939, ch. 660, §§ 65, 80; impl. am. P.L. 1949, ch. 2166, § 1; G.L. 1956, § 30-17-1; P.L. 1976, ch. 103, § 2; P.L. 1987, ch. 313, § 1; Repealed by P.L. 2009, ch. 233, § 7, and by P.L. 2009, ch. 234, § 7, effective July 1, 2010.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 8; G.L. 1909, ch. 104, § 8; G.L. 1923, ch. 116, § 8; G.L. 1938, ch. 654, § 7; impl. am. P.L. 1949, ch. 2166, § 1; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-17-2; P.L. 1976, ch. 103, § 2; P.L. 1987, ch. 313, § 1; P.L. 1988, ch. 566, § 2; Repealed by P.L. 2009, ch. 233, § 7, and by P.L. 2009, ch. 234, § 7, effective July 1, 2010.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 11; G.L. 1909, ch. 104, § 10; G.L. 1923, ch. 116, § 10; G.L. 1938, ch. 654, § 8; G.L. 1956, § 30-17-3; Repealed by P.L. 1976, ch. 103, § 3.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 12; G.L. 1909, ch. 104, § 11; G.L. 1923, ch. 116, § 11; G.L. 1938, ch. 654, § 9; impl. am. P.L. 1939, ch. 660, § 80; G.L. 1956, § 30-17-4; P.L. 1976, ch. 103, § 2; P.L. 1987, ch. 313, § 1; Repealed by P.L. 2009, ch. 233, § 7, and by P.L. 2009, ch. 234, § 7, effective July 1, 2010.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 5; G.L. 1909, ch. 104, § 5; G.L. 1923, ch. 116, § 5; G.L. 1938, ch. 654, § 5; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-17-5; P.L. 1976, ch. 103, § 2; P.L. 1987, ch. 313, § 1; P.L. 1988, ch. 432, § 1; Repealed by P.L. 2009, ch. 233, § 7, and by P.L. 2009, ch. 234, § 7, effective July 1, 2010.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 13; G.L. 1909, ch. 104, § 12; G.L. 1923, ch. 116, § 12; G.L. 1938, ch. 654, § 10; impl. am. P.L. 1949, ch. 2166, § 1; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-17-6; P.L. 1976, ch. 103, § 2; Repealed by P.L. 2009, ch. 233, § 7, and by P.L. 2009, ch. 234, § 7, effective July 1, 2010.
[Repealed]
History of Section. P.L. 1898, ch. 573, § 1; G.L. 1909, ch. 104, § 14; G.L. 1923, ch. 116, § 14; G.L. 1938, ch. 654, § 11; P.L. 1944, ch. 1476, § 1; G.L. 1956, § 30-17-7; Repealed by P.L. 1976, ch. 103, § 3.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 17; G.L. 1909, ch. 104, § 18; G.L. 1923, ch. 116, § 18; G.L. 1938, ch. 654, § 15; impl. am. P.L. 1949, ch. 2166, § 1; G.L. 1956, § 30-17-8; P.L. 1976, ch. 103, § 2; Repealed by P.L. 2009, ch. 233, § 7, and by P.L. 2009, ch. 234, § 7, effective July 1, 2010.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 18; G.L. 1909, ch. 104, § 19; G.L. 1923, ch.116, § 19; G.L. 1938, ch. 654, § 16; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-17-9; P.L. 1976, ch. 103, § 2; P.L. 1987, ch 313, § 1; Repealed by P.L. 2009, ch. 233, § 7, and by P.L. 2009, ch. 234, § 7, effective July 1, 2010.
The general assembly shall annually appropriate such sums as it may deem necessary for the support of the veterans’ home in the town of Bristol, any veterans’ cemetery authorized and established by the general assembly, and the assistance of the widows, widowers, and dependent children of deceased veterans, known as the “veterans’ assistance fund”, for the assistance of worthy dependent veterans, and the dependent-worthy families of those veterans who served in the Army, Navy, Marine Corps, Coast Guard, Space Force, and Air Force of the United States and were honorably discharged from that service, and for such clerical assistance as may be required in connection with the administration of that program; and the state controller is hereby authorized and directed to draw an order upon the general treasurer for the payment of such sums as may be from time to time required, upon receipt by the state controller of proper vouchers approved by the director of veterans’ affairs.
History of Section. P.L. 2011, ch. 151, art. 9, § 4; P.L. 2016, ch. 142, art. 4, § 16; P.L. 2025, ch. 165, § 9, effective June 24, 2025; P.L. 2025, ch. 166, § 9, effective June 24, 2025.
The office of veterans’ affairs, in addition to having the control and management of veterans’ affairs, shall have custody of all records inquiring into the needs of worthy veterans and the needs of dependent worthy families of those veterans, residing within the State of Rhode Island, and shall also assist such cases as examination proves worthy of assistance, in such sums of money and by such methods as will, in the judgment of that office, best relieve the needs of worthy applicants for assistance.
History of Section. P.L. 2011, ch. 151, art. 9, § 4; P.L. 2016, ch. 142, art. 4, § 16.
All officials appointed under the provisions of this chapter or chapter 24 of this title shall be duly sworn to the faithful performance of their duties. The director of veterans’ affairs may, in the director’s discretion, require of all officials subordinate to the director, bonds for the faithful performance of their duties.
History of Section. P.L. 2011, ch. 151, art. 9, § 4; P.L. 2016, ch. 142, art. 4, § 16.
Upon request, the director of veterans’ affairs, or his or her designee, shall, in accordance with the applicable rules and regulations of the Department of Veterans’ Affairs of the United States, prepare and present all veterans’ pension and compensation claims qualifying under the provisions of § 42-12-5. The office of veterans’ affairs shall render this assistance without charge to the claimant for the assistance.
History of Section. P.L. 2011, ch. 151, art. 9, § 4; P.L. 2016, ch. 142, art. 4, § 16.
The director of veterans’ affairs, or his or her designee, may, in his or her discretion, require any veteran who has no dependent parents, wife, or children, and who desires assistance as provided in this chapter, to become a resident of the veterans’ home in order to enjoy the benefits of this chapter.
History of Section. P.L. 2011, ch. 151, art. 9, § 4; P.L. 2016, ch. 142, art. 4, § 16.
(a) There is hereby established within the executive branch of government an office of veterans’ affairs. The director of the office of veterans’ affairs shall be a person qualified through experience and training and shall be an honorably discharged war veteran of the United States armed forces. The director of the office of veterans’ affairs shall be appointed by and report directly to the governor, but the office shall reside within the department of human services for administrative purposes.
(b) The director of veterans’ affairs shall have all such powers, consistent with law, as are necessary and/or convenient to effectuate the purposes of this chapter and to administer its functions, including, but, not limited to, the power to promulgate and adopt regulations. The director shall have authority to apply for, receive, and administer grants and funds from the federal government and all other public and private entities to accomplish the purposes of the office.
(c) Effective July 1, 2019, the office of veterans’ affairs, as established pursuant to subsection (a), shall be henceforth referred to and renamed as “the office of veterans services” and the director of veterans’ affairs, established pursuant to subsection (a), shall henceforth be referred to and renamed as the “director of veterans services.”
(d) Effective July 1, 2019, all references in the general laws to the office of veterans’ affairs, established pursuant to subsection (a), and to the director of veterans’ affairs, established pursuant to subsection (a), shall be deemed to mean and refer, respectively, to the office of veterans services and the director of veterans services.
History of Section. P.L. 2011, ch. 151, art. 9, § 4; P.L. 2016, ch. 142, art. 4, § 16; P.L. 2019, ch. 88, art. 4, § 5.
The director of veterans’ affairs shall report annually, no later than January 31st of each year, to the governor, speaker of the house of representatives, the senate president, and house and senate finance committees, setting forth, in detail, the condition of the veterans’ home, any veterans’ cemetery authorized and established by the general assembly, and in general the character of the work of veterans’ affairs, and shall render in the report a faithful account of all moneys received and expended by the director of human services and by the office of veterans’ affairs in the execution of the provisions of this chapter and chapter 24 of this title, excepting the names of persons to whom they have furnished assistance which shall be omitted.
History of Section. P.L. 2011, ch. 151, art. 9, § 4; P.L. 2016, ch. 142, art. 4, § 16; P.L. 2016, ch. 511, art. 2, § 41.
The general assembly hereby finds that there is a gap in resources and information necessary to effectively support and address the needs of veterans and our state agencies must work together more effectively to collaborate, coordinate, leverage, and ultimately enhance existing state, federal, and private veterans’ services to meet and exceed the needs and expectations of Rhode Island’s veterans and their families.
History of Section. P.L. 2013, ch. 177, § 1; P.L. 2013, ch. 215, § 1.
When used in this chapter, the following terms shall have the following meanings:
(1) “Advisory committee” means the veterans’ services strategic plan advisory committee as established in § 30-17.1-10.
(2) “Committee” means the veterans’ committee pursuant to the provisions of § 30-17.1-11(c).
(3) “State agencies” means state entities responsible for the implementation of services for Rhode Island veterans and their families including:
(i) The office of veterans services;
(ii) The Rhode Island public transit authority;
(iii) The department of human services;
(iv) The office of postsecondary education;
(v) The department of behavioral healthcare, developmental disabilities and hospitals;
(vi) The department of health;
(vii) The office of healthy aging;
(viii) The department of business regulation;
(ix) The Rhode Island veteran’s court;
(x) The department of labor and training;
(xi) The Rhode Island commerce corporation;
(xii) The office of the secretary of state; and
(xiii) The Rhode Island national guard.
(4) “Veterans’ services strategic plan (‘VSSP’)” means the strategic plan as established in § 30-17.1-11.
History of Section. P.L. 2013, ch. 177, § 1; P.L. 2013, ch. 215, § 1; P.L. 2016, ch. 142, art. 4, § 16; P.L. 2016, ch. 511, art. 1, § 14; P.L. 2017, ch. 131, § 1; P.L. 2017, ch. 152, § 1.
(a) There is hereby created a veterans’ services strategic plan advisory committee known as “the Rhode Island veterans’ services strategic plan advisory committee” consisting of fourteen (14) members as follows:
(1) One of whom shall be the director of the office of veterans services, or his or her designee, who shall serve as chairperson;
(2) One of whom shall be the director of the department of human services, or his or her designee;
(3) One of whom shall be the executive director of the public transit authority, or his or her designee;
(4) One of whom shall be the postsecondary education commissioner, or his or her designee;
(5) One of whom shall be the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her designee;
(6) One of whom shall be the director of the department of health, or his or her designee;
(7) One of whom shall be the director of the office of healthy aging, or his or her designee;
(8) One of whom shall be the director of the department of business regulation, or his or her designee;
(9) One of whom shall be the chief judge of the district court, or his or her designee;
(10) One of whom shall be the director of the department of labor and training, or his or her designee;
(11) One of whom shall be the director of the Rhode Island commerce corporation, or his or her designee;
(12) One of whom shall be the secretary of state, or his or her designee;
(13) One of whom shall be the adjutant general of the Rhode Island national guard, or his or her designee; and
(14) One of whom shall be a representative for Rhode Island municipal governments.
(b) Forthwith upon the passage of this chapter, the members of the advisory committee shall meet at the call of the chairperson and organize. Thereafter, the committee shall meet at the call of the chairperson or three (3) members of the advisory committee.
(c) All departments and agencies of the state shall furnish such advice and information, documentation, and otherwise to the committee and its agents as is deemed necessary or desirable by the advisory committee to facilitate the purposes of this chapter.
(d) The office of veterans services is hereby directed to provide suitable quarters and staff for the advisory committee.
(e) [Deleted by P.L. 2017, ch. 131, § 1 and P.L. 2017, ch. 152, § 1].
(f) The members of the advisory committee shall receive no compensation for their services.
History of Section. P.L. 2013, ch. 177, § 1; P.L. 2013, ch. 215, § 1; P.L. 2014, ch. 37, § 1; P.L. 2014, ch. 39, § 1; P.L. 2016, ch. 142, art. 4, § 16; P.L. 2017, ch. 131, § 1; P.L. 2017, ch. 152, § 1.
(a) The advisory committee, acting through the office of veterans services, shall work in conjunction with the department of human services to develop, maintain, and annually update a five-year (5) statewide veterans’ services strategic plan (“VSSP”) that includes goals and measurable outcomes to ensure that all departments deliver comprehensive services and supports for veterans and their families.
(b) The advisory committee shall conduct an analysis of study toward the development of the “VSSP” that shall include, but not be limited to, the following veterans’ issues:
(1) Living in poverty;
(2) Disability benefits;
(3) Employment and training;
(4) Education;
(5) Family members and caregivers;
(6) Financial planning;
(7) Homelessness;
(8) Legal services;
(9) Long-term care;
(10) Mortuary affairs;
(11) Healthcare;
(12) Transitional assistance; and
(13) Transportation.
(c) The chairperson of the committee shall consult regularly with veterans and community groups that represent diverse interests and viewpoints and the federal department of veterans’ affairs, to receive input on all matters pertaining to the preparation or implementation of the veterans’ services strategic plan.
(d) The “VSSP” shall:
(1) Be based upon comprehensive data gained through open and transparent engagement of veterans’ stakeholders;
(2) Produce veteran-centric policies and procedures informed by forward looking planning;
(3) Realistically assess resource adequacy and capabilities delivered;
(4) Ensure that existing resources are aligned to mission critical objectives;
(5) Complement, as well as leverage, existing U.S. Veterans’ Administration programs and best practices;
(6) Foster state, federal, and private partnerships that seamlessly deliver exceptional services to the state’s veteran population; and
(7) More effectively coordinate the delivery of veterans’ services to all current and future veterans in Rhode Island.
History of Section. P.L. 2013, ch. 177, § 1; P.L. 2013, ch. 215, § 1; P.L. 2016, ch. 142, art. 4, § 16; P.L. 2017, ch. 131, § 1; P.L. 2017, ch. 152, § 1.
(a) The advisory committee shall meet regularly on an annual basis and at the call of the chairperson or three (3) committee members.
(b) The advisory committee shall provide a copy of the veterans’ services strategic plan “VSSP” to the senate president, speaker of the house, senate fiscal advisor, and house fiscal advisor one year after the amendment of this act.
(c) The advisory committee shall report annually to the governor and the general assembly, no later than April of each year, on the progress made in achieving the goals and objectives set forth and any other pertinent information. A progress update of the “VSSP” in the office of veterans services annual report will satisfy this requirement.
(d) The advisory committee shall update the “VSSP” every five (5) years and provide a copy of the plan to the senate president, speaker of the house, and senate and house fiscal advisors.
(e) The advisory committee shall be subject to the provisions of § 38-2-1 et seq., Access to Public Records Act, and § 42-46-1 et seq., Open Meetings Act.
History of Section. P.L. 2013, ch. 177, § 1; P.L. 2013, ch. 215, § 1; P.L. 2017, ch. 131, § 1; P.L. 2017, ch. 152, § 1.
Contingent upon funding:
(1) The director of the office of veterans’ affairs shall produce and annually update a comprehensive “pocket guide of veterans’ services.” This document shall be a concise yet thorough compendium of the benefits and services available to veterans in Rhode Island.
(2) Additionally, the director of veterans’ affairs shall develop and maintain a veterans’ online resource application of this information.
(3) The director of veterans’ affairs is hereby authorized to accept grants and donations for this project.
History of Section. P.L. 2013, ch. 258, § 1; P.L. 2013, ch. 389, § 1; P.L. 2016, ch. 142, art. 4, § 16.
A certificate of the honorable discharge of any soldier, sailor, airperson, or marine from the military, naval, air, or marine service of the United States, and in case of a sailor to include notice of separation from the United States naval service, form 553 and revisions thereto, may be recorded in the office of the town clerk or the city clerk, except in the city of Providence, where the discharge and separation notice shall be recorded in the office of the recorder of deeds. It shall be the duty of the town clerk or the city clerk, or the recorder of deeds in the city of Providence, to record any certificate and separation notice upon presentation thereof without the payment of any fee. For any purpose for which an original honorable discharge and separation notice may be required in this state, a certified copy of the record, or a form issued by the office of veterans services pursuant to § 30-18-4 shall be deemed sufficient and shall be accepted in lieu thereof.
History of Section. P.L. 1923, ch. 438, § 1; G.L. 1938, ch. 653, § 1; P.L. 1947, ch. 1847, § 1; G.L. 1956, § 30-18-1; P.L. 2019, ch. 29, § 1; P.L. 2019, ch. 30, § 1.
Any person who has served in the military, naval, or air service of the United States in the Spanish-American war, the insurrection in the Philippines, the China relief expedition, World War I, World War II, or any subsequent war in which the United States may be engaged, who has once filed evidence in a state, city, or town administrative office in this state that he or she has been honorably discharged from service or had the characterization of his or her discharge changed under the provisions of § 30-18-3, either in accordance with the requirements of § 44-3-4, or in accordance with the requirements of any other general or public law of this state, shall not be again required to show his or her discharge paper in making an application for tax exemption, licensing, examination, registration, aid, or relief, or in any other pertinent relationship in connection with any general or public law of this state, where evidence of honorable discharge from military, naval, or air service is required to be filed, but may refer any inquirer for verification of discharge and former filing of evidence to the office of veterans services, or other office or official where or with whom the discharge has been once recorded, which evidence shall stand so long as his or her legal residence remains in Rhode Island.
History of Section. P.L. 1944, ch. 1452, § 1; G.L. 1956, § 30-18-2; P.L. 2019, ch. 29, § 1; P.L. 2019, ch. 30, § 1.
(a) For purposes of this chapter, all former members of the armed forces who were separated from the service with a general or other than honorable discharge due solely to their sexual orientation, or gender identity or expression, may petition the office of veterans services on forms and conditions prescribed under § 30-18-4, to have his or her discharge recorded as honorable.
(b) Upon a determination by the office of veterans services that the member was separated from the armed forces with a general or other than honorable discharge due solely to their sexual orientation, or gender identity or expression, the director of the office of veterans services shall provide a form to be recorded pursuant to §§ 30-18-1 and 30-18-2 certifying that the member’s discharge is to be treated as honorable.
(c) Persons who have the characterization of their discharge changed under this section shall be afforded the same rights, privileges, and benefits authorized by general or public law to service members who were honorably discharged.
History of Section. P.L. 2019, ch. 29, § 2; P.L. 2019, ch. 30, § 2.
(a) The director of the office of veterans services shall promulgate any rules, regulations, and forms as shall be necessary for the full and proper implementation of this chapter, including but not limited to:
(1) Informing former members of the armed services that they may be entitled to benefits and privileges that were previously denied;
(2) Recording all military discharges;
(3) Verifying the characterization of the discharge for the purpose of benefits and privileges authorized by the general and public laws; and
(4) Publishing and distributing materials to all state, municipal, and quasi-public entities highlighting the changes made to this chapter and the effect those changes will have on the application of the general and public laws.
(b) The regulations shall be adopted only in accordance with the procedures established by chapter 35 of title 42.
(c) The director of the office of veterans services shall also be empowered to enforce and administer the provisions of this chapter with regard to ensuring that each state or quasi-public agency and municipality is in compliance with this chapter.
History of Section. P.L. 2019, ch. 29, § 2; P.L. 2019, ch. 30, § 2.
Every minor of sane mind, whether or not under guardianship by reason of minority, who, under the provisions of federal law is eligible for housing loans, may, with the same force, effect, and validity as if that minor were eighteen (18) years of age with full legal capacity, enter into, make, swear to, or affirm, execute, acknowledge, and deliver any and all mortgages of real and personal property, notes, and bonds secured by mortgage and other instruments of mortgage and any and all contracts, agreements, notes, bonds, obligations, covenants, warranties, affidavits, and vouchers which may be requisite, necessary, desirable, or incident to obtaining any loan guaranteed, in part or in full, under the provisions of federal law, or to obtaining any loan, guaranty, or other benefit thereunder; and with like force, effect, and validity may contract for and purchase real and personal property and pay the consideration therefor in all cases in which part or all of the purchase price consists of the proceeds of a loan guaranteed, in part or in full, under the provisions of federal law.
History of Section. P.L. 1945, ch. 1583, § 1; G.L. 1956, § 30-19-1; P.L. 1987, ch. 54, § 1.
Without limiting the generality of § 30-19-1, a minor veteran as described in § 30-19-1 may, with like force, effect, and validity, execute, acknowledge, and deliver mortgages of real property containing such powers of sale, conditions, and covenants as are usual in mortgages taken by savings banks in this state, or mortgages in the form authorized by chapter 11 of title 34, or mortgages containing the same, or substantially the same, powers of sale, conditions, and covenants as are set forth in §§ 34-11-19 — 34-11-22.
History of Section. P.L. 1945, ch. 1583, § 1; G.L. 1956, § 30-19-2.
A minor veteran may, with like force, effect, and validity, purchase and own policies of insurance relating to real or personal property mortgaged to secure any loan described in § 30-19-1 and may make any policy payable in case of loss to any holder of any mortgage on the property, and may endorse any check, draft, order, or negotiable instrument made payable to such minor in connection with that loan.
History of Section. P.L. 1945, ch. 1583, § 1; G.L. 1956, § 30-19-3.
The funds loaned on any housing loan guaranteed, in part or in full, under the provisions of federal law may be paid over by the lender to the minor receiving that loan or at the direction of the minor and no person or corporation making payment of those funds shall be responsible for the proper application thereof, and prior to the application of those funds to any purchase or other purpose of that loan, any guardian of the minor shall not have, or be entitled to, the title, possession, or management of those funds and shall not inventory or account for them as part of the estate of the minor.
History of Section. P.L. 1945, ch. 1583, § 2; G.L. 1956, § 30-19-4.
Any minor spouse of any person who under the provisions of federal law is eligible for housing loans and whether or not under guardianship by reason of minority, may, with the same force, effect, and validity as if he or she were eighteen (18) years of age with full legal capacity do all that a minor veteran is empowered to do under §§ 30-19-1 — 30-19-3, and without limiting the generality of the foregoing, join with the minor veteran in the execution and delivery of any mortgage or other instrument that may be requisite, necessary, desirable, or incidental to the obtaining of any loan guaranteed, in part or in full, under the provisions of federal law, or to the obtaining of any loan, guaranty, or other benefit thereunder, and, in that mortgage or other instrument, may release curtesy or dower in any property described in the mortgage or other instrument.
History of Section. P.L. 1945, ch. 1583, § 3; G.L. 1956, § 30-19-5; P.L. 2016, ch. 511, art. 2, § 42.
The provisions of this chapter shall be given full effect notwithstanding the provisions of § 33-15-13 or any other provisions of law contrary to the provisions of this chapter. This chapter shall be construed liberally so as to enable eligible veterans who are minors and their spouses and the minor spouses of eligible veterans to possess full legal capacity to obtain housing loans guaranteed under or provided under federal law.
History of Section. P.L. 1945, ch. 1583, § 4; G.L. 1956, § 30-19-6.
Any certificate, issued by authority of the laws of this state, authorizing a person to practice a specific profession regulated by the laws of this state or to carry on a special trade or business occupation, which expires while the holder thereof is in the military, naval, or air service of the United States, shall be renewed without further examination, upon payment of the prescribed fee, at any time within four (4) months after the person’s discharge from the service.
History of Section. P.L. 1944, ch. 1453, § 1; G.L. 1956, § 30-20-1.
If any employee enters the land, naval, and air forces of the United States of America, upon his or her honorable discharge from service, his or her former employer, if requested within forty (40) days after honorable discharge and if the employee is still qualified to perform the duties of his or her former position, shall reinstate the employee to his or her former employment or to a position of like seniority, status, and pay, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so, and nothing in this section shall be construed at any time to prevent the employer, if so requested, from restoring any employee by releasing any other employee of like or different status and pay or from granting employment to other honorably discharged servicemembers in the same manner as though they had entered service as employees of that employer. Any person, firm, or corporation violating any of the provisions of this section shall be subject to the penalty of a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500).
History of Section. P.L. 1943, ch. 1351, §§ 1, 2; G.L. 1956, § 30-21-1.
Any member of the armed forces of the United States or any citizen of the United States who served in the armed forces of the united nations during World War II shall, upon his or her reemployment by a prior employer within one year after his or her honorable discharge from the armed forces, upon proper proof of his or her service and the length thereof, be given by the employer, in addition to the seniority rights he or she had when he or she left that employment prior to his or her joining the armed forces, additional seniority rights equal to the time he served in the armed forces.
History of Section. P.L. 1945, ch. 1562, § 1; G.L. 1956, § 30-21-2.
[Repealed]
History of Section. P.L. 1945, ch. 1562, § 2; G.L. 1956, § 30-21-3; Repealed by P.L. 1985, ch. 181, art. 64, § 1, effective June 21, 1985.
Any veteran employee described in § 30-21-2 may waive any or all of the rights granted him or her by §§ 30-21-2 — 30-21-7. The form of the waiver shall be prescribed by the director of labor and training.
History of Section. P.L. 1945, ch. 1562, § 3; G.L. 1956, § 30-21-4.
The provisions of §§ 30-21-2 — 30-21-7 shall not apply so as to give any veteran of World War II any preference over any honorably discharged veteran of any other war in which the United States has participated.
History of Section. P.L. 1945, ch. 1562, § 4; G.L. 1956, § 30-21-5.
Nothing in §§ 30-21-2 — 30-21-7 shall require any employer to hire any person who, in the judgment of the employer, is not qualified for the position.
History of Section. P.L. 1945, ch. 1562, § 5; G.L. 1956, § 30-21-6.
Anyone knowingly violating any provision of §§ 30-21-2 — 30-21-6 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dollars ($1,000).
History of Section. P.L. 1945, ch. 1562, § 6; G.L. 1956, § 30-21-7.
In every public department and upon all public works of this state, any honorably discharged soldier, sailor, or marine who served in the army or navy of the United States during the Spanish-American war, Philippine insurrection, China relief expedition, or world war I, and who, having been disabled in service, and at the time of his or her application for employment, is a qualified elector of this state, shall be preferred for appointment and employment. Age, loss of limb, or other physical impairment, which does not in fact incapacitate, shall not disqualify the veteran, if he or she possesses the other requisite qualifications. Whenever any department, division, bureau, board, or commission in this state shall have a vacant position available, the department, division, bureau, board, or commission, shall notify the assistant director of human services in charge of the community services division that a vacancy exists.
History of Section. P.L. 1923, ch. 459, § 1; P.L. 1924, ch. 557, § 1; G.L. 1938, ch. 650, § 1; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-21-8.
(a) All vacancies that may occur in the employment of janitors, elevator operators, caretakers, or any positions in the custodian service in any building owned or maintained by this state or any department of this state shall be filled in the following order of preference:
(1) By war veterans having a service connected disability, whose disability does not in fact handicap them in qualifying for a particular position;
(2) By war veterans having a nonservice connected disability, whose disability does not in fact handicap them in qualifying for a particular position; and
(3) By war veterans with no disability.
(b) This section shall apply to persons who served in the armed forces of the United States during World War I or the Spanish-American War.
History of Section. P.L. 1938, ch. 2562, § 1; G.L. 1938, ch. 650, § 2; G.L. 1956, § 30-21-9; P.L. 2016, ch. 511, art. 2, § 43.
The chief of each division shall notify the assistant director of human services in charge of the community services division of any vacancies to be filled in accordance with the provisions of § 30-21-9. He or she shall, in turn, notify all veterans’ organizations having a Rhode Island department.
History of Section. P.L. 1938, ch. 2562, § 2; G.L. 1938, ch. 650, § 3; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-21-10.
[Repealed]
History of Section. P.L. 1938, ch. 2562, § 3; G.L. 1938, ch. 650, § 4; G.L. 1956, § 30-21-11; Repealed by P.L. 1986, ch. 60, § 1, effective May 29, 1986.
Any citizen who has served in the military service of the United States, in the Army, Navy, Marines, Coast Guard, Space Force, or Air Force thereof, and who has received an honorable discharge therefrom, may be eligible for appointment as a police officer or firefighter in any city or town of this state in the same manner as though that citizen were a qualified elector of the city or town on the date of their appointment; provided, however, that the citizen, if registered at any time during the military service, would be a qualified elector of that city or town at the date of that appointment.
History of Section. P.L. 1920, ch. 1929, § 1; G.L. 1923, ch. 132, § 1; G.L. 1938, ch. 652, § 1; G.L. 1956, § 30-21-12; P.L. 2025, ch. 165, § 10, effective June 24, 2025; P.L. 2025, ch. 166, § 10, effective June 24, 2025.
All credits, benefits, and privileges, excepting bonuses, granted and bestowed as of December 7, 1941 by the state upon men or women in the armed forces, shall be extended to include those veterans of the Desert Storm conflict, beginning August 2, 1990, and continuing to the present, honorably discharged from active duty.
History of Section. P.L. 1992, ch. 156, § 1; P.L. 2016, ch. 511, art. 2, § 43.
(a) A private employer may adopt an employment policy that provides a preference in hiring or promotion, or both, to a veteran.
(b) A policy adopted under this section shall:
(1) Be in writing; and
(2) Be uniformly applied to employment decisions regarding hiring and promotion.
(c) A private employer may require that a veteran submit a Department of Defense DD Form 214 or similar documentation of separation from the U.S. Armed Forces to be eligible for a preference in hiring or promotion pursuant to this section.
(d) As used in this section, “veteran” means an individual who served on active duty in the U.S. Armed Forces and received an honorable or general discharge.
History of Section. P.L. 2016, ch. 348, § 1; P.L. 2016, ch. 365, § 1.
The provisions of all of the statutes of this state granting benefits or privileges to veterans of any war in which the United States of America has heretofore been engaged, or to the widow or widower or domestic partner or other surviving kin of deceased veterans of that war, shall hereafter be construed to provide for like benefits and privileges for any veteran of World War II who has heretofore been, or may hereafter be, honorably discharged from the armed forces of this nation and to the widow or widower or domestic partner or other surviving kin of any such deceased veteran of said war.
History of Section. P.L. 1942, ch. 1220, § 1; G.L. 1956, § 30-22-1; P.L. 2007, ch. 510, § 9; P.L. 2016, ch. 511, art. 2, § 44.
(a) All credits, benefits, and privileges, excepting bonuses, granted and bestowed as of December 7, 1941 by the state upon men and women in the armed forces of the United States of America and then enjoyed by those armed forces, shall be extended to include members of the American merchant marine service, who, at the date of enlistment, were legal residents of the state; provided, however, that those members of the American merchant marine service shall have been in service for at least six (6) months, but in the event any member shall meet death before the expiration of that six (6) months of service, he or she shall receive all credits, benefits, and privileges to which he or she would have been entitled by this section had death not intervened in that six-months’ service.
(b) All eligible members under this section shall file with the department of veterans affairs for a discharge certificate on forms provided by the department of veterans affairs for that purpose.
History of Section. P.L. 1943, ch. 1308, § 1; G.L. 1956, § 30-22-2; P.L. 1988, ch. 430, § 1; P.L. 2016, ch. 511, art. 2, § 44.
The provisions of all of the statutes of this state granting benefits, privileges, or bonuses to veterans of any war in which the United States of America has heretofore been engaged, or to the widow or widower or domestic partner or other surviving kin of deceased veterans of that war, shall hereafter be construed to provide for like benefits, privileges and bonuses for any man or woman of the armed forces who has been engaged heretofore, is now, or may hereafter be engaged in the active conduct of and/or fighting in the Korean Campaign or the conflict in Vietnam or any following campaign or war, declared or undeclared, which the armed forces of the United States of America conduct or in which those forces have a part, and who, having been actively engaged as hereinbefore described, has heretofore been, or may hereafter be, honorably discharged from the armed forces of this nation, and to the widow or widower or domestic partner or other surviving kin of any such deceased veteran of that campaign or war.
History of Section. P.L. 1951, ch. 2754, § 1; G.L. 1956, § 30-22-3; P.L. 1968, ch. 17, § 1; P.L. 1993, ch. 252, § 3; P.L. 1997, ch. 327, § 1; P.L. 2007, ch. 510, § 9; P.L. 2016, ch. 511, art. 2, § 44.
“Active conduct of and/or fighting in the Korean Campaign” shall mean service by any man or woman of the armed forces of the United States between June 27, 1950, and January 31, 1955, inclusive. Provided, however, that the extension of the date from July 27, 1953, to January 31, 1955, in the definition of Korean service shall not entitle any veteran who served between July 27, 1953, to January 31, 1955, to any bonus previously paid, nor to any veteran’s tax exemption pursuant to § 44-3-4.
History of Section. P.L. 1951, ch. 2754, § 1; P.L. 1953, ch. 3230, § 1; P.L. 1955, ch. 3443, § 1; G.L. 1956, § 30-22-4; P.L. 1977, ch. 201, § 1.
“Active conduct of and/or fighting in the Vietnam Conflict” shall mean service by any man or woman of the armed forces of the United States between February 28, 1961, and May 7, 1975, inclusive. Provided, however, that the extension of the date from August 5, 1964, to February 28, 1961, in the definition of the Vietnam Conflict shall not entitle any veteran who served between February 28, 1961, and August 5, 1964, to any bonus previously paid.
History of Section. P.L. 1993, ch. 252, § 2; P.L. 2002, ch. 20, § 1.
For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the decedent, and who certifies, by affidavit, that their relationship met the following qualifications:
(1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree that would prohibit marriage in the state of Rhode Island;
(4) Partners resided together and had resided together for at least one year at the time of death; and
(5) Partners were financially interdependent as evidenced by at least two (2) of the following:
(i) Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or joint ownership of primary residence;
(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv) The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract, or life insurance.
History of Section. P.L. 2007, ch. 510, § 10; P.L. 2016, ch. 511, art. 2, § 44.
By order of the President of the United States on February 24, 1944, there was established in the Office of War Mobilization a retraining and reemployment administration to have general supervision and direction of activities relating to the retraining and reemployment of persons discharged or released from the armed services and to develop programs for that purpose and for the adequate care of those veterans, including physical and occupational therapy for the wounded and disabled and the resumption of education interrupted by the war. By its order issued May 17, 1944, the retraining and reemployment administration outlined a plan for the establishment and maintenance of veterans’ information service centers in local communities by which it sought to provide a way to merge the interest of all organizations, federal, state, local, and civic, in the rehabilitation and assistance of veterans. To aid in the carrying out of this plan, the retraining and reemployment administration established in each state a veterans’ service committee consisting of a representative of the Selective Service System, the War Manpower Commission, and the Veterans Administration with power to enlarge its membership to include representation from local organizations or to represent the federal government on state committees of the same nature. The purpose of this chapter is to authorize the establishment of local veterans’ retraining and reemployment committees and the establishment and maintenance of veterans’ information service centers by the several cities and towns in this state to the end that all veterans may be furnished in their own communities with full information with respect to their various rights and privileges under federal and state laws and with adequate advice and assistance in securing the benefits thereof and in solving the problems of readjusting their lives from war to peacetime activities.
History of Section. P.L. 1945, ch. 1585, § 1; P.L. 1948, ch. 2107, § 1; G.L. 1956, § 30-23-1.
Each city and town may, by ordinance, provide for the creation of a veterans’ retraining and reemployment committee with authority to establish and maintain a veterans’ information service center in that municipality and each city and town is hereby authorized to make appropriations therefor.
History of Section. P.L. 1945, ch. 1585, § 5; G.L. 1956, § 30-23-2.
Each local veterans’ retraining and reemployment committee, hereinafter referred to as the “local committee”, shall be fully representative of all federal, state, and local agencies serving veterans in the community, and of all community groups and institutions therein that are interested in, and can contribute to, the program for providing the veteran with one place in the locality where he or she can go in dignity for full information and adequate counsel and assistance in solving his or her problems.
History of Section. P.L. 1945, ch. 1585, § 5; G.L. 1956, § 30-23-3; P.L. 2016, ch. 511, art. 2, § 45.
The local committee shall elect a chairperson and such other officers as it may determine and may appoint an executive committee and subcommittees and define the duties of its officers and committees. The local committee may employ an executive secretary and clerical and other assistance within the amounts of appropriations available therefor. The officers and committees of the local committee shall serve at the pleasure of the local committee.
History of Section. P.L. 1945, ch. 1585, § 5; G.L. 1956, § 30-23-4; P.L. 2016, ch. 511, art. 2, § 45.
It shall be the duty of each local veterans’ retraining and reemployment committee to mobilize and promote all existing community resources for the aid of the veteran in one place, through the establishment and maintenance of a veterans’ information service center, wherein all veterans in the community shall be provided with full information concerning their rights and privileges under federal and state law; assistance in securing the benefits thereof; and advice and aid in solving the problems arising in the readjustment of their lives from war to peace time activities. It shall be the duty of each local committee to prescribe the duties of its veterans’ information service center and to take counsel with the state committee and its subcommittees from time to time, to the end that there shall be in every community adequate information, efficient aid, and sound advice for the veteran, and uniformity of procedure in dealing with his or her problems.
History of Section. P.L. 1945, ch. 1585, § 6; G.L. 1956, § 30-23-5.
The major function of the veterans’ information service center shall be to provide information, aid, and counsel to all veterans in the community and their families and to maintain liaison with all existing federal, state, and local agencies. Actual determination of eligibility for benefits or special service must be the function of appropriate agencies. The veterans’ information service center shall perform such other duties as may be prescribed by the local committee.
History of Section. P.L. 1945, ch. 1585, § 7; G.L. 1956, § 30-23-6.
The actions before April 23, 1945, of cities and towns in establishing veterans’ information service centers, and the appointment by the committees of executive secretaries and the hiring of clerical and other assistance, and the actions theretofore of cities and towns in allocating funds and making appropriations for those purposes, are hereby ratified and validated and all those actions shall have the same full force and effect as if they had been previously authorized by the provisions of this chapter.
History of Section. P.L. 1945, ch. 1585, § 8; P.L. 1948, ch. 2107, § 1; G.L. 1956, § 30-23-7.
The management and control of the Rhode Island veterans’ home, established in this state for those who served in the Army, Navy, Marine Corps, Coast Guard, Merchant Marines, Space Force, or Air Force of the United States in any war or conflict and were honorably discharged therefrom, who shall be in need of such care as is provided at the home, shall be the responsibility of the director of human services, or the director’s designee.
History of Section. G.L. 1896, ch. 88, § 1; P.L. 1901, ch. 809, § 19; G.L. 1909, ch. 104, § 1; P.L. 1914, ch. 1045, § 1; P.L. 1918, ch. 1633, § 1; P.L. 1919, ch. 1752, § 1; G.L. 1923, ch. 116, § 1; G.L. 1938, ch. 654, § 1; impl. am. P.L. 1939, ch. 660, § 80; impl. am. P.L. 1949, ch. 2166, § 1; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-24-1; P.L. 1976, ch. 102, § 1; P.L. 1982, ch. 164, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2025, ch. 165, § 11, effective June 24, 2025; P.L. 2025, ch. 166, § 11, effective June 24, 2025.
(a) The director of human services, or his or her designee, shall have the general supervision over, and shall prescribe rules for, the government and management of the Rhode Island veterans’ home. He or she shall make all needful bylaws and regulations governing the admission, maintenance, and discharge of the residents of the home, which shall not be inconsistent with the spirit and intent of this chapter, and generally may do all things necessary to successfully carry into effect the purposes of this chapter.
(b) The director shall appoint and employ all subordinate officials and persons needed for the proper management of the home.
History of Section. G.L. 1896, ch. 88, §§ 3, 4; G.L. 1909, ch. 104, §§ 3, 4; G.L. 1923, ch. 116, §§ 3, 4; G.L. 1938, ch. 654, §§ 3, 4; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-24-2; P.L. 1976, ch. 102, § 1; P.L. 1982, ch. 164, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2016, ch. 511, art. 2, § 46.
(a) The director of veterans services shall appoint an administrator for the Rhode Island veterans’ home who shall be the most qualified applicant who has been issued a nursing home administrator license pursuant to chapter 45 of title 5. In reviewing the applicants, the director shall consider an applicant’s military service as a factor in the process of determining the most qualified applicant.
(b) There shall be an advisory council for veterans’ affairs, consisting of not more than fifteen (15) qualified electors of this state, ten (10) of whom shall be honorably discharged veterans of the armed forces of the United States; twelve (12) of the members shall be appointed by the governor, consisting of a member designated by each of the various state departments of the active federally chartered veteran organizations, and the remaining member or members at large; provided, however, that each of those departments of veteran organizations shall have, and continue to have, at least one member on the advisory council for veterans’ affairs; and, provided further, that one member shall be a female veteran, one member shall be a minority veteran; one member of the house of representatives, to be appointed by the speaker of the house of representatives, and one member from the senate, to be appointed by the president of the senate. The members of the general assembly who shall serve on the advisory council for veterans’ affairs shall serve so long as they are members of the general assembly. The final remaining member shall be an active National Guard person to be appointed by the state adjutant general.
History of Section. P.L. 1939, ch. 660, § 89; P.L. 1951, ch. 2696, § 1; G.L. 1956, § 30-24-3; P.L. 1976, ch. 102, § 1; P.L. 1987, ch. 70, § 1; P.L. 1988, ch. 429, § 1; P.L. 1990, ch. 333, § 1; P.L. 2001, ch. 180, § 62; P.L. 2001, ch. 361, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2017, ch. 123, § 1; P.L. 2017, ch. 153, § 1; P.L. 2021, ch. 43, § 1, effective June 14, 2021; P.L. 2021, ch. 44, § 1, effective June 11, 2021; P.L. 2023, ch. 63, § 1, effective June 14, 2023; P.L. 2023, ch. 64, § 1, effective June 14, 2023.
Annually, on or before July 1, the governor shall appoint a successor of each member of the advisory council whose term expires, these appointments to be for a term of three (3) years. In case of any vacancy or additional members on the council, the governor shall appoint a new member for the unexpired portion of the term of that membership as hereinbefore provided. Members of the council shall serve without pay. The advisory council shall elect one of its members to serve as chairperson for a period of one year and until a successor is elected and qualified. Meetings shall be held at the call of the chairperson; provided, however, that a majority of the members may call a meeting of the advisory council at any time, all members being notified in any case by mail and reasonably in advance of any such meetings. A majority of members shall constitute a quorum for the transaction of business. The governor may remove a member of the council for neglect of duty. Administrative support for the council shall be provided by the director of veterans services.
History of Section. P.L. 1939, ch. 660, § 89; P.L. 1951, ch. 2696, § 1; G.L. 1956, § 30-24-4; P.L. 1976, ch. 102, § 1; P.L. 1988, ch. 429, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2017, ch. 123, § 1; P.L. 2017, ch. 153, § 1.
The advisory council for veterans’ affairs shall exercise and perform all the duties and functions formerly exercised and performed by the advisory council for the Rhode Island veterans’ home. The advisory council for the Rhode Island veterans’ home is hereby abolished. The advisory council for veterans’ affairs shall make suggestions to and shall advise the director of the office of veterans services; provided, however, that the advisory council shall have no administrative power.
History of Section. P.L. 1939, ch. 660, § 89; P.L. 1951, ch. 2696, § 1; G.L. 1956, § 30-24-5; P.L. 1976, ch. 102, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2016, ch. 142, art. 4, § 17; P.L. 2017, ch. 123, § 1; P.L. 2017, ch. 153, § 1.
(a) The director of human services is hereby authorized and empowered to take and receive in the name of the state any grant, devise, gift, or bequest of real or personal property that may be made for the use and benefit of the Rhode Island veterans’ home or the residents or purposes thereof. All money so received, and all money received under the provisions of §§ 30-24-9 and 30-24-10, shall be paid over to the general treasurer and shall be kept by him or her as a restricted account to be known as the “veterans’ home restricted account”. Use of the “veterans’ home restricted account” funds may only be made upon prior approval of the house of representatives’ finance committee and senate finance committee. The director may sell and dispose of any real or personal property received under this section, and any property received under § 30-24-9, and the proceeds of the sale shall be paid over to the general treasurer to be made a part of the restricted account. The restricted account shall be used for the improvement of social, recreational, and educational programs, including the purchase of educational and recreational supplies and equipment for the welfare of members and for operational expenses and capital improvements at the veterans’ home and veterans’ cemetery, as deemed necessary by the director of human services.
(b) [Deleted by P.L. 1999, ch. 11, section 5 .]
(c) Notwithstanding the provisions of subsection (a) of this section, there is hereby established a restricted receipt account within the general fund of the state for the sole purpose of the collection and disbursement of any grant, devise, gift, or bequest of real or personal property that may be made for the use and benefit of the design, construction, and furnishing of a new Rhode Island veterans home in Bristol. This account shall be known as “donations — new veterans’ home construction”.
History of Section. G.L. 1896, ch. 88, § 2; G.L. 1909, ch. 104, § 2; P.L. 1921, ch. 2035, § 1; G.L. 1923, ch. 116, § 2; G.L. 1938, ch. 654, § 2; impl. am. P.L. 1939, ch. 660, §§ 65, 80; impl. am. P.L. 1949, ch. 2166, § 1; G.L. 1956, § 30-24-6; P.L. 1976, ch. 102, § 1; P.L. 1982, ch. 164, § 1; P.L. 1986, ch. 392, § 1; P.L. 1988, ch. 129, art. 9, § 1; P.L. 1991, ch. 6, art. 15, § 1; P.L. 1991, ch. 44, art. 21, § 2; P.L. 1993, ch. 138, art. 9, § 1; P.L. 1996, ch. 100, art. 40, § 1; P.L. 1999, ch. 11, § 5; P.L. 2004, ch. 583, § 1; P.L. 2004, ch. 591, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2014, ch. 145, art. 3, § 2.
[Repealed]
History of Section. G.L. 1896, ch. 88, § 15; G.L. 1909, ch. 104, § 18; G.L. 1923, ch. 116, § 18; G.L. 1938, ch. 654, § 13; impl. am. P.L. 1949, ch. 2166, § 1; G.L. 1956, § 30-24-7; Repealed by P.L. 1976, ch. 102, § 2.
The unexpended balance of such sum or sums of money as are received and appropriated as provided in § 30-24-6 for the veterans’ home restricted account remaining in the treasury at the close of each fiscal year, shall be continued to, and is hereby annually appropriated for, the same account for the ensuing year.
History of Section. G.L. 1896, ch. 88, § 16; G.L. 1909, ch. 104, § 17; G.L. 1923, ch. 116, § 17; G.L. 1938, ch. 654, § 14; impl. am. P.L. 1949, ch. 2166, § 1; G.L. 1956, § 30-24-8; P.L. 1976, ch. 102, § 1.
All goods, chattels, property, money, and effects of a deceased resident of the Rhode Island veterans’ home that have not been disposed of by him or her by a completed inter vivos conveyance or gift, or by a valid will, after payment therefrom of the funeral expenses, which shall not exceed ten thousand dollars ($10,000), and after payment therefrom of the reasonable debts and expenses of the deceased resident to be determined by rules and regulations as shall be adopted by the director, shall upon his or her decease become the property of the state, and shall be applied by the director of human services, or his or her designee, to the uses and purposes of the veterans’ restricted account; provided, however, that the director may, in his or her discretion, deliver to any surviving relative of the deceased resident any of the property or effects as may serve as a memento of the deceased resident. For purposes of this section, the provisions of chapter 24 of title 33 shall be applicable.
History of Section. P.L. 1896, ch. 305, § 1; G.L. 1909, ch. 104, § 21; G.L. 1923, ch. 116, § 21; G.L. 1938, ch. 654, § 18; impl. am. P.L. 1949, ch. 2166, § 1; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-24-9; P.L. 1973, ch. 131, § 1; P.L. 1976, ch. 102, § 1; P.L. 1981, ch. 86, § 1; P.L. 1982, ch. 164, §§ 2, 3; P.L. 1986, ch. 381, § 1; P.L. 2004, ch. 312, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2015, ch. 220, § 1; P.L. 2015, ch. 238, § 1; P.L. 2016, ch. 511, art. 2, § 46.
(a) Any person who has served in the Army, Navy, Marine Corps, Coast Guard, Space Force, or Air Force of the United States for a period of ninety (90) days or more and that period began or ended during any foreign war in which the United States shall have been engaged or in any expedition or campaign for which the United States government issues a campaign medal, and who was honorably discharged from it, and who shall be deemed to be in need of care provided at the Rhode Island veterans’ home, may be admitted to that facility subject to such rules and regulations as shall be adopted by the director of human services to govern the admission of applicants to the facility. Any person who has served in the armed forces of the United States designated herein and otherwise qualified, who has served less than the ninety-day (90) period described in this section, and who was honorably discharged from service, and who, as a result of the service, acquired a service-connected disability or disease, may be admitted. No person shall be admitted to the facility unless the person has been accredited to the enlistment or induction quota of the state or has resided in the state for at least two (2) consecutive years next prior to the date of the application for admission to the facility.
(b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem expenses of maintenance of residents in the facility and shall assess against each resident who has “net income”, as defined in this section, a fee equal to eighty percent (80%) of the resident’s net income, provided that fee shall not exceed the actual cost of care and maintenance for the resident; and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall be allocated to, and deposited in, the veterans’ restricted account. For the purposes of this section, “net income” is defined as gross income minus applicable federal and state taxes and minus:
(i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the purple heart; and
(ii) The amount paid by a resident for the support and maintenance of the resident’s spouse, parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. §§ 1381 — 1383d, subject to a maximum amount to be determined by rules and regulations as shall be adopted by the director.
(2) The fees shall be paid monthly to the home and any failure to make payment when due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded administrative due process.
(c) Admissions to the veterans’ home shall be made without discrimination as to race, color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity or expression, assets, or income.
(d) Laundry services shall be provided to the residents of the Rhode Island veterans’ home at no charge to the residents, with such funds to cover the cost of providing laundry services for residents of the Rhode Island veterans’ home derived from monies appropriated to the department of human services.
History of Section. G.L., ch. 104, § 22; P.L. 1919, ch. 1751, § 1; G.L. 1923, ch. 116, § 22; P.L. 1933, ch. 2025, § 1; G.L. 1938, ch. 654, § 19; impl. am. P.L. 1939, ch. 60, § 80; impl. am. P.L. 1949, ch. 2166, § 1; G.L. 1956, § 30-24-10; P.L. 1968, ch. 23, § 1; P.L. 1976, ch. 102, § 1; P.L. 1982, ch. 164, §§ 2, 3; P.L. 1991, ch. 6, art. 15, § 1; P.L. 1999, ch. 83, § 67; P.L. 1999, ch. 130, § 67; P.L. 2002, ch. 65, art. 13, § 30; P.L. 2002, ch. 352, § 1; P.L. 2003, ch. 376, art. 44, § 1; P.L. 2004, ch. 595, art. 40, § 1; P.L. 2005, ch. 282, § 1; P.L. 2005, ch. 301, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5; P.L. 2025, ch. 165, § 11, effective June 24, 2025; P.L. 2025, ch. 166, § 11, effective June 24, 2025.
The director of the department of human services is hereby authorized and empowered to establish and maintain a domiciliary care program for homeless veterans (veterans transitional supportive program, V.T.S.P.) at the Rhode Island veterans’ home. Any veteran admitted to the Rhode Island veterans’ home pursuant to this section shall be exempt from the maintenance fee assessment established pursuant to § 30-24-10; provided, however, that the director shall assess against each veteran admitted under this program a monthly maintenance fee equal to ten percent (10%) of the veteran’s monthly gross income, from whatever source derived and whether taxable or non-taxable. In addition there will also be additional beds called extended, V.T.S.P. beds to which a monthly maintenance fee of thirty percent (30%) will be charged. Extended V.T.S.P. will be available to eligible veterans in the V.T.S.P. program, but occupancy will not exceed four (4) months. The maintenance fee shall be paid monthly to the veterans’ home and shall be deposited in the veterans’ home fund. Any failure to make payment when due shall be cause for dismissal from the facility. Prior to any dismissal for non-payment of fees, the veteran shall be afforded administrative due process. The director is authorized to promulgate rules and regulations to effectuate the intent and provisions of this section, and this grant of authority to promulgate rules and regulations shall be liberally construed.
History of Section. P.L. 1994, ch. 75, § 1; P.L. 1998, ch. 289, § 1; P.L. 2009, ch. 233, § 3; P.L. 2009, ch. 234, § 3; P.L. 2011, ch. 151, art. 9, § 5.
If any clause, sentence, paragraph, section, or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, that judgment will not affect, impair, or invalidate the remainder thereof, but will be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which the judgment has been rendered.
History of Section. P.L. 1982, ch. 164, § 3.
Whenever requested by the family of any honorably discharged, deceased soldier, sailor, airperson, or marine of any of the wars in which the United States has been engaged, or by a veterans’ organization duly authorized to conduct the funeral of the deceased soldier, sailor, airperson, or marine, the adjutant general of the state shall furnish a firing squad, and wherever possible, complete with a bugler to play “Taps”, live and not synthesized or pre-recorded. The bugler may be on active duty or an honorably discharged veteran, for the funeral of the deceased soldier, sailor, airperson, or marine; provided, however, that when the national guard of the state shall have been called, ordered, or drafted into the service of the United States for war or an emergency, the adjutant general shall furnish the firing squad from the first regiment, Rhode Island state guard; and wherever possible, complete with a bugler to play “Taps”, live and not synthesized or pre-recorded. The bugler may be on active duty or an honorably discharged veteran; provided, further, however, that when any member of the armed forces of the United States dies in service and his or her body is brought back to the state for burial, whenever requested by the family of the deceased or by a veterans’ organization duly authorized to conduct the funeral of the deceased member of the armed forces, and it is not possible to arrange with the federal government for a firing squad for the funeral of the deceased member of the armed forces, the adjutant general of the state is authorized and directed to furnish a firing squad, and wherever possible, complete with a bugler to play “Taps”, live and not synthesized or pre-recorded, for the funeral of the deceased member of the armed forces.
History of Section. P.L. 1933, ch. 2029, § 1; G.L. 1938, ch. 655, § 10; P.L. 1941, ch. 993, § 1; P.L. 1945, ch. 1582, § 1; P.L. 1947, ch. 1878, § 1; P.L. 1951, ch. 2798, § 1; P.L. 1954, ch. 3252, § 1; G.L. 1956, § 30-25-1; P.L. 2006, ch. 252, § 1; P.L. 2006, ch. 289, § 1.
The general assembly shall annually appropriate such a sum as it may deem necessary, out of any money in the treasury not otherwise appropriated, for the purpose of carrying out the provisions of § 30-25-1; and the state controller is hereby authorized and directed to draw orders upon the general treasurer for the payment of such sums as may, from time to time, be required upon the receipt by the state controller of proper vouchers, approved by the adjutant general.
History of Section. P.L. 1933, ch. 2029, § 2; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 655, § 11; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 30-25-2.
Whenever any person who served in the Army, Navy, Air Force, Coast Guard, Space Force, or Marine Corps of the United States during any period of war, and was honorably discharged therefrom, shall die within this state without leaving means sufficient to defray necessary funeral expenses, the person shall be buried and the expenses thereof paid in the manner provided in this chapter.
History of Section. P.L. 1904, ch. 1154, § 1; G.L. 1909, ch. 105, § 1; G.L. 1923, ch. 117, § 1; G.L. 1938, ch. 655, § 1; G.L. 1956, § 30-25-3; P.L. 2025, ch. 165, § 12, effective June 24, 2025; P.L. 2025, ch. 166, § 12, effective June 24, 2025.
The town council of any town, and the city council of any city, shall annually designate some proper person, other than those designated by law for the care of paupers or the custody of criminals, who shall cause to be interred the body of any honorably discharged soldier, sailor, airperson, or marine, who may not have left sufficient means to pay his or her funeral expenses; and in case the deceased has relatives or friends who desire to conduct the burial, and who are unable or unwilling to pay the charge thereof, they shall be allowed to conduct the funeral, and the cost of the interment shall be paid to them or their representatives by the town or city treasurer upon due proof; provided, however, that claim for the payment of the burial expenses under the provisions of this chapter shall be made within sixty (60) days after the decease of the honorably discharged soldier, sailor, airperson, or marine; and provided, further, that the whole expense of the funeral shall not in any case exceed the sum of fifty-five dollars ($55.00).
History of Section. P.L. 1904, ch. 1154, § 2; G.L. 1909, ch. 105, § 2; P.L. 1920, ch. 1843, § 1; G.L. 1923, ch. 117, § 2; G.L. 1938, ch. 655, § 2; G.L. 1956, § 30-25-4.
Any interment provided for by the provisions of this chapter shall not be made in any cemetery or plot used exclusively for the pauper dead; and if any deceased honorably discharged soldier, sailor, airperson, or marine may have already died and been buried in any place used exclusively for the burial of paupers, he or she shall be removed therefrom as soon as may be after the attention of the town or city council, within whose limits the person may have been buried, shall have been called thereto.
History of Section. P.L. 1904, ch. 1154, § 3; G.L. 1909, ch. 105, § 3; G.L. 1923, ch. 117, § 3; G.L. 1938, ch. 655, § 3; G.L. 1956, § 30-25-5.
[Repealed]
History of Section. P.L. 1904, ch. 1154, § 4; G.L. 1909, ch. 105, § 4; G.L. 1923, ch. 117, § 4; G.L. 1938, ch. 655, § 4; G.L. 1956, § 30-25-6; Repealed by P.L. 1986, ch. 76, § 1, effective July 1, 1986.
Nothing contained in this chapter shall be construed to require the city treasurer of the city of Cranston to pay any money to meet the funeral expenses of, or the erection of any headstone for, any person who shall have died at any of the state institutions in Cranston, unless admitted or committed from that city; but the treasurer of the town or city from which the person was admitted, or from which he or she has been committed, shall be liable for and shall pay the funeral expenses as provided in this chapter.
History of Section. P.L. 1904, ch. 1154, § 5; G.L. 1909, ch. 105, § 5; G.L. 1923, ch. 117, § 5; G.L. 1938, ch. 655, § 5; G.L. 1956, § 30-25-7; P.L. 1986, ch. 76, § 2.
The director of human services shall be custodian of the Rhode Island soldiers’ burial lots, and the monument and grave markers thereon, located in the north cemetery in the town of Bristol. He or she shall, from time to time, cause such work to be done as may be necessary in keeping the lots, monuments, and markers in good condition and repair.
History of Section. P.L. 1917, ch. 1486, § 3; G.L. 1923, ch. 117, § 8; G.L., ch. 117, § 6, as enacted by P.L. 1931, ch. 1730, § 1; G.L. 1938, ch. 655, § 6; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-25-8; P.L. 2009, ch. 233, § 4; P.L. 2009, ch. 234, § 4; P.L. 2011, ch. 151, art. 9, § 6.
The director of human services is authorized to make such expenditures as may be necessary in carrying out the purposes of § 30-25-8, and the state controller is hereby authorized and directed upon receipt of proper vouchers approved by the state director of human services, to draw orders upon the general treasurer for the payment of such sums as may be required, from the funds under the control of the director of human services, known as the veterans’ home, restricted account.
History of Section. G.L., ch. 117, § 8, as enacted by P.L. 1931, ch. 1730, § 1; G.L. 1938, ch. 655, § 8; impl. am. P.L. 1939, ch. 660, §§ 65, 80; impl. am. P. L. 1949, ch. 2166, § 1; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-25-9; P.L. 2009, ch. 233, § 4; P.L. 2009, ch. 234, § 4; P.L. 2011, ch. 151, art. 9, § 6.
The director of human services is authorized and empowered to undertake the care of any grave of any soldier or sailor who fought in the war of the revolution, or who at any time served the United States in any war, when the grave appears to have been neglected or abandoned. For that purpose, the director, and the agents or employees of the division, when duly authorized thereunto by the director, may enter into and upon any public or private cemetery or burial place to clear any grave of grass, weeds, brush, briars, or rubbish; to erect, replace, repair, or renovate fences, memorial stones, or markers; and to perform the other tasks as may be necessary to restore and maintain the grave and its surroundings in a decent and orderly condition.
History of Section. G.L., ch. 117, § 10; P.L. 1928, ch. 1188, § 1; G.L. 1938, ch. 655, § 9; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-25-10; P.L. 2009, ch. 233, § 4; P.L. 2009, ch. 234, § 4; P.L. 2011, ch. 151, art. 9, § 6.
When any cemetery or burial place containing a neglected grave is found by the director of human services, or the agents or employees of the division, to be under the custody or control of some private owner or public authority, then the director shall obtain permission, in writing, from the person or persons having custody or control before entering into and upon the cemetery or burial place; provided, that if no person or persons can be found having the custody or control of the cemetery or burial place, the director shall assume the right of entry and shall perform the duties specified in § 30-25-10, without further notice.
History of Section. G.L. 1923, ch. 117, § 10; P.L. 1928, ch. 1188, § 1; G.L. 1938, ch. 655, § 9; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-25-11; P.L. 2009, ch. 233, § 4; P.L. 2009, ch. 234, § 4; P.L. 2011, ch. 151, art. 9, § 6.
The general assembly shall, from time to time, appropriate such sums as it may deem necessary to be expended by the director of human services in carrying out the purposes of §§ 30-25-10 and 30-25-11, and the state controller is hereby authorized and directed, upon the receipt of the proper vouchers approved by the director, to draw orders upon the general treasurer for the payment of such sums as may be required, within the amount appropriated therefor.
History of Section. G.L. 1923, ch. 117, § 11; P.L. 1928, ch. 1188, § 1; G.L. 1938, ch. 655, § 12; impl. am. P.L. 1939, ch. 660, §§ 65, 80; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-25-12; P.L. 2009, ch. 233, § 4; P.L. 2009, ch. 234, § 4; P.L. 2011, ch. 151, art. 9, § 6.
The director of human services may accept in the name of the state, and may administer, any devise, bequest, or gift that is to be expended for the general purposes of this chapter. All sums received by devise, bequest, or gift from any person or corporation shall be deposited with the general treasurer, and by him or her kept in a special fund, to be known as “the veterans’ cemetery fund”, and held subject to the order of the director.
History of Section. G.L. 1923, ch. 117, § 11; P.L. 1928, ch. 1188, § 1; G.L. 1938, ch. 655, § 12, impl. am. P.L. 1939, ch. 660, § 80; impl. am. P.L. 1949, ch. 2166, § 1; impl. am. P.L. 1951, ch. 2724, § 2; G.L. 1956, § 30-25-13; P.L. 1986, ch. 76, § 3; P.L. 2009, ch. 233, § 4; P.L. 2009, ch. 234, § 4; P.L. 2011, ch. 151, art. 9, § 6; P.L. 2016, ch. 511, art. 2, § 47.
(a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph H. Ladd school in the town of Exeter, shall be under the management and control of the director of the department of human services. The director of the department of human services shall appoint an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably discharged veteran of the United States Armed Forces and shall have the general supervision over, and shall prescribe rules for, the government and management of the cemetery. The administrator shall make all needful rules and regulations governing the operation of the cemetery and generally may do all things necessary to ensure the successful operation thereof. The director shall promulgate rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to govern the eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all persons eligible for burial pursuant to rules and regulations established by the director, any person who served in the Army, Navy, Air Force, Coast Guard, Space Force, or Marine Corps of the United States for a period of not less than two (2) years and whose service was terminated honorably, shall be eligible for burial in the Rhode Island veterans’ memorial cemetery. The director shall appoint and employ all subordinate officials and persons needed for the proper management of the cemetery. National Guard members who are killed in the line of duty or who are honorably discharged after completion of at least six (6) years of service in the Rhode Island National Guard and/or Reserve and their spouse shall be eligible for interment in the Rhode Island veterans’ memorial cemetery. National Guard members and/or Reservists who are honorably discharged after completion of at least six (6) years of service with another state, and who are a Rhode Island resident for at least two (2) consecutive years immediately prior to death, shall be eligible, along with their spouse, for interment in the Rhode Island veterans’ memorial cemetery. For the purpose of computing service under this section, honorable service in the active forces or reserves shall be considered toward the six (6) years of National Guard service. The general assembly shall make an annual appropriation to the department of human services to provide for the operation and maintenance for the cemetery. The director may charge and collect a grave liner fee per interment of the eligible spouse and/or eligible dependents of the qualified veteran, National Guard member, and/or Reservist equal to the department’s cost for the grave liner. The director may promulgate rules and regulations necessary to fulfill the intent of this chapter.
(b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’ memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing ear signal dogs, or any other service animal, as required by federal law or any personal assistance animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section shall be subject to a fine of not less than five hundred dollars ($500).
(c) The state of Rhode Island office of veterans services shall bear the cost of all tolls incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The executive director of the turnpike and bridge authority shall assist in the administration and coordination of this toll reimbursement program.
History of Section. P.L. 1975, ch. 161, § 1; P.L. 1990, ch. 427, § 1; P.L. 1991, ch. 44, art. 21, § 1; P.L. 1996, ch. 100, art. 9, § 1; P.L. 1997, ch. 135, § 1; P.L. 1997, ch. 204, § 1; P.L. 1998, ch. 293, § 1; P.L. 1998, ch. 403, § 1; P.L. 2002, ch. 65, art. 13, § 14; P.L. 2009, ch. 233, § 4; P.L. 2009, ch. 234, § 4; P.L. 2011, ch. 151, art. 9, § 6; P.L. 2016, ch. 338, § 1; P.L. 2016, ch. 358, § 1; P.L. 2016, ch. 511, art. 2, § 47; P.L. 2018, ch. 75, § 1; P.L. 2018, ch. 95, § 1; P.L. 2023, ch. 79, art. 3, § 3, effective June 16, 2023; P.L. 2025, ch. 165, § 12, effective June 24, 2025; P.L. 2025, ch. 166, § 12, effective June 24, 2025; P.L. 2025, ch. 278, art. 10, § 3, effective June 29, 2025.
[Repealed]
History of Section. P.L. 1932, ch. 1869, § 1; P.L. 1934, ch. 2130, § 1; P.L. 1935, ch. 2264, § 1; P.L. 1938, ch. 2624, § 1; G.L. 1938, ch. 651, § 1; P.L. 1940, ch. 924, § 1; P.L. 1947, ch. 1969, § 1; G.L. 1956, § 30-26-1; Repealed by P.L. 1977, ch. 238, § 7, effective July 1, 1981.
[Repealed]
History of Section. P.L. 1941, ch. 1074, § 1; G.L. 1956, § 30-27-1; Repealed by P.L. 2019, ch. 88, art. 4, § 6, effective July 5, 2019.
The Italian American war veterans of the United States, incorporated, as federally chartered, whose membership and officers consist solely of honorably discharged American war veterans who served in the United States Army, Navy, Marine Corps, Coast Guard, Space Force, or Air Force, is hereby declared to be an officially recognized veterans’ organization in this state.
History of Section. P.L. 1951, ch. 2718, § 1; G.L. 1956, § 30-27-2; P.L. 1960, ch. 17, § 1; P.L. 1992, ch. 367, § 1; P.L. 2025, ch. 165, § 13, effective June 24, 2025; P.L. 2025, ch. 166, § 13, effective June 24, 2025.
Any person who willfully wears, sells, or manufactures or attaches to any motor vehicle, the insignia, emblem, or design of the Italian American war veterans of the United States, incorporated; or uses the insignia, emblem, or design, or the name of the organization by falsely representing himself or herself to be a member, officer, or director thereof in good standing, to obtain, or attempt to obtain, aid or assistance within the state; or willfully uses the name of the organization, or the titles of its officers or directors, or uses its insignia, emblems, or designs, or the forms or patterns thereof, or its ritual or ceremonies; unless entitled to use, wear, sell, manufacture, or attach those emblems and insignia under the constitution, bylaws, rules, or regulations of the organization, shall be deemed guilty of a misdemeanor. Any person found guilty of violating the provisions of this section shall be fined not more than one hundred dollars ($100).
History of Section. P.L. 1951, ch. 2803, §§ 1, 2; G.L. 1956, § 30-27-3; P.L. 1960, ch. 17, § 1.
The daisy, in labeled, artificial form, is hereby declared to be the official flower of the Italian American War Veterans of the United States, Incorporated.
History of Section. P.L. 1951, ch. 2702, § 1; G.L. 1956, § 30-27-4; P.L. 1960, ch. 17, § 1.
The sale, or offering for sale, of any daisy, in labeled, artificial form, shall be restricted solely to the Italian American war veterans of the United States, incorporated, and its auxiliaries, and the funds derived from any sale shall be devoted exclusively towards the benefit of American war veterans and their families, residing in the state of Rhode Island or otherwise hospitalized therein.
History of Section. P.L. 1951, ch. 2702, § 2; G.L. 1956, § 30-27-5; P.L. 1960, ch. 17, § 1.
[Repealed]
History of Section. P.L. 1949, ch. 2382, § 1; G.L. 1956, § 30-28-1; Repealed by P.L. 2016, ch. 350, § 1, effective July 6, 2016; P.L. 2016, ch. 369, § 1, effective July 6, 2016.
The governor is authorized and empowered to direct and advise the director of the department of administration to make available such space as may reasonably be allocated in the William F. Powers Building, One Capitol Hill, Providence, RI, or any other substantially equivalent space to be provided by the department of administration to the United Veterans’ Council for use as headquarters by the following chartered veterans’ organizations:
(1) The American Legion;
(2) Veterans of Foreign Wars;
(3) Disabled American Veterans;
(4) Military Women Across the Nation Unit 118;
(5) American Veterans (AMVETS);
(6) Jewish War Veterans of Rhode Island;
(7) The Marine Corps League;
(8) The Italian American War Veterans of the United States, Incorporated;
(9) Korean War Veterans;
(10) Vietnam Veterans of America; and
(11) Any other chartered veterans’ organization.
History of Section. P.L. 1949, ch. 2382, § 2; G.L. 1956, § 30-28-2; R.P.L. 1957, ch. 38, § 1; P.L. 1961, ch. 13, § 1; P.L. 1997, ch. 141, § 1; P.L. 2016, ch. 350, § 2; P.L. 2016, ch. 369, § 2.
The director of administration shall direct such areas as may be reasonably allocated to the following chartered veterans’ organizations: The American Legion; Veterans of Foreign Wars; Disabled American Veterans; Korean War Veterans; American Veterans (AMVETS); Jewish War Veterans of Rhode Island; The Marine Corps League; Military Women Across the Nation Unit 118; The Italian American War Veterans of the United States, Incorporated.
History of Section. P.L. 1949, ch. 2382, § 4; P.L. 1951, ch. 2802, § 1; G.L. 1956, § 30-28-3; R.P.L. 1957, ch. 38, § 2; P.L. 1960, ch. 27, § 2; P.L. 2016, ch. 350, § 2; P.L. 2016, ch. 369, § 2.
Proper office equipment shall be furnished and supplied for each state department of chartered veterans’ organizations located in the William F. Powers Building, One Capitol Hill, Providence, RI, or any other substantially equivalent space to be provided by the department of administration without cost to the organization.
History of Section. P.L. 1949, ch. 2382, § 3; G.L. 1956, § 30-28-4; P.L. 2016, ch. 350, § 2; P.L. 2016, ch. 369, § 2.
The general assembly shall annually appropriate such a sum as it may deem necessary for the purpose of caring for and maintaining the monument erected to the memory of Commodore Oliver H. Perry by this state, situated in the Island cemetery, Newport, and that sum, or so much thereof as may be necessary, shall be expended under the direction of the director of environmental management.
History of Section. Res. 32, 1898; G.L. 1923, ch. 416, § 37; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 632, § 7; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 30-28-5.
[Repealed]
History of Section. P.L. 1900, ch. 760, § 1; G.L. 1909, ch. 363, § 15; G.L. 1923, ch. 416, § 12; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 632, § 4; imp. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 30-28-6; Repealed by P.L. 1986, ch. 326, § 1, effective June 24, 1986.
The soldiers’ and sailors’ monument in the city of Providence shall be in the sole custody and charge of the city of Providence, which shall keep the monument in good order and shall at all times provide a suitable location for it.
History of Section. G.L. 1896, ch. 27, § 6; G.L. 1909, ch. 36, § 5; G.L. 1923, ch. 34, § 5; P.L. 1926, ch. 756, § 1; G.L. 1938, ch. 656, § 1; G.L. 1956, § 30-28-7.
All cities and towns are hereby authorized, empowered, and directed to prepare rolls of honor containing the names of persons who are in the service of the United States during the period of any war in which the United States is participating. The town council of each town, and the mayor of each city, shall appoint a committee whose duty it shall be to prepare and post the rolls of honor. The rolls of honor shall be posted in conspicuous places within the limits of the cities and towns, and shall be revised at frequent intervals. This section shall be construed as mandatory and not permissive.
History of Section. P.L. 1942, ch. 1118, § 1; P.L. 1943, ch. 1287, § 1; G.L. 1956, § 30-28-8.
Any person or persons who shall mutilate, deface, or otherwise despoil any veterans’ monument and/or memorial shall be guilty of a misdemeanor and shall be fined no less than five hundred dollars ($500) for each and every offense plus the cost of full restoration.
History of Section. P.L. 1943, ch. 1118, § 2; G.L. 1956, § 30-28-9; P.L. 2004, ch. 337, § 1.
The Rhode Island Veterans Memorial Chapel Building Fund, Inc. is hereby authorized to construct a nonsectarian memorial chapel in the Rhode Island veterans cemetery located in Exeter, Rhode Island; provided, however, that the plans for the memorial chapel shall be approved by the director of administration; provided further that the Rhode Island Veterans Memorial Chapel Building Fund, Inc. grant to the state all of its right, title, and interest in the chapel; and provided further that the management and control of the chapel shall be with the director of the department of human services.
History of Section. P.L. 1978, ch. 52, § 1.
(a) The general assembly shall appropriate a sum of five thousand dollars ($5,000) for the construction of a monument that shall be dedicated to the men and women from this state who served in the armed forces in Vietnam, Cambodia, and Laos. The monument shall be located in the pond at the water place site in the capital center in Providence. The general assembly shall also appropriate such a sum as it may deem necessary for the care and maintenance of the monument, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer, from time to time, for the payment of the cost of construction and maintenance of the monument upon the receipt by him or her of proper vouchers approved by the adjutant general.
(b) The POW-MIA flag, which is also the official flag of the National League of Families of American Prisoners and Missing in Southeast Asia, shall be flown over the monument until such time as all prisoners and missing in southeast Asia are accounted for.
History of Section. P.L. 1986, ch. 481, § 1; P.L. 1988, ch. 476, § 1; P.L. 2016, ch. 511, art. 2, § 48.
The general assembly shall annually appropriate any sum that may be necessary out of any money in the treasury not otherwise appropriated for the purpose of providing, without charge, state flags to any state veterans’ organization as enumerated in § 30-28-2. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much of it as may be from time to time required, upon receipt by him or her of properly authenticated vouchers.
History of Section. P.L. 2000, ch. 190, § 1.
There is hereby created a permanent committee on naval affairs, to consist of sixteen (16) members, six (6) of whom shall be appointed by the speaker, at least one of whom shall be a member of the house of representatives, and at least one of whom shall be a member of the general public; three (3) of whom shall be appointed by the lieutenant governor; two (2) of whom shall be members of the senate, not more than one from the same party, to be appointed by the president of the senate; one of whom shall be a member of the general public appointed by the governor; one of whom shall be the director of the commerce corporation, ex officio or his or her designee; and three (3) of whom shall be naval personnel, appointed by the senior naval officer permanently stationed in Rhode Island. Vacancies shall be filled in like manner as the original appointments. The members of the committee shall, without compensation, serve for two (2) years and until their successors are duly appointed.
History of Section. P.L. 1970, ch. 105, § 1; P.L. 1975, ch. 182, § 1; P.L. 1979, ch. 358, § 1; P.L. 1984, ch. 85, § 1; P.L. 1999, ch. 105, § 7; P.L. 2001, ch. 180, § 63.
Upon organization of the committee on naval affairs, by majority vote, one of its members shall be chosen as chairperson, another of its members shall be chosen vice chairperson, and another of its members shall be chosen secretary. The director of the commerce corporation shall provide the necessary secretarial and staff assistance as required by the committee.
History of Section. P.L. 1970, ch. 105, § 1; P.L. 1979, ch. 358, § 1.
It shall be the duty of the committee on naval affairs to meet from time to time:
(1) To discuss matters of mutual concern to the naval community and the state and to make recommendations to appropriate agencies as to how best to foster and continue a spirit of harmony and cooperation between the naval community and the state;
(2) To review services provided by the state and other agencies to the naval community; and
(3) To make such studies and initiate such other programs in conjunction with the appropriate state departments as may improve the cooperation and programs offered, available, and of concern to the state and its naval community.
History of Section. P.L. 1970, ch. 105, § 1; P.L. 1979, ch. 358, § 1.
The committee on naval affairs shall, from time to time and at least annually, report to the general assembly on its findings and the results of its activities and shall make such recommendations to the general assembly, and propose such legislation or initiate such studies, as it shall deem advisable.
History of Section. P.L. 1970, ch. 105, § 1.
The committee on naval affairs shall hold its meetings whenever and wherever it will best serve its purposes. A majority of the members of the committee shall be necessary to constitute a quorum for the transaction of business.
History of Section. P.L. 1970, ch. 105, § 1.
The legislative authority for the existence of the permanent committee on naval affairs shall continue until such time as determined by the legislative oversight commission.
History of Section. P.L. 1979, ch. 358, § 2.
The committee on naval affairs may designate any person or persons to solicit funds for the committee, from the general public, government, or otherwise, in furtherance of the pursuits of the committee. The committee shall designate those persons by vote of the committee and shall supply each person designated with written authorization from the committee allowing them to identify themselves to those solicited. Any person designated by the committee to solicit funds shall give an itemized accounting of all funds collected to the committee.
History of Section. P.L. 1981, ch. 105, § 1.
The general assembly shall annually appropriate such a sum as may be necessary, out of any money in the treasury not otherwise appropriated, for the purpose of creating and maintaining a “dependents’ education fund” from which shall be paid in whole or in part the charges for the tuition and books of such of the sons, daughters, and surviving spouses of veterans who died as the result of hostile action or a service-connected disability arising out of active service in the armed forces, or who died from any cause while such a disability was in existence, or of those who are serving in the far east and had a legal residence in this state at the time they were commissioned, warranted, enlisted, or inducted into the military or naval service of the United States and were either missing in action or are prisoners of war, provided that the next of kin has not been advised by the armed forces that the serviceperson has been released or is no longer classified as missing in action. The benefits shall be extended to dependents who are attending, or may attend, the university of Rhode Island, Rhode Island college, or any institution of higher education or technical/professional learning. The maximum aid granted shall not exceed the in-state tuition cost plus average cost of books of attending the university of Rhode Island in that year, the costs to be yearly certified by the Board of Education to the administering agency; provided, any child dependent shall enter the institution while between the ages of sixteen (16) and twenty-six (26); and provided, further, that the aid herein granted shall be available to that child for such period of time as shall equal the normal time for completing the courses regularly offered by the institution, but in no case more than four (4) years; and provided, further, that this chapter shall apply also to the children of those who are serving in the far east, but did not have legal residence in this state at the time those persons were commissioned, warranted, enlisted, or inducted into the military or naval service of the United States; provided that those children have resided in this state continuously for five (5) years and are otherwise eligible, upon the presentation to the proper administering authority of sufficient evidence that the parent qualifies the child to receive the benefits under this section; and provided, further, that, as to surviving spouses, the benefits must be utilized within a period of ten (10) years from the date eligibility is found or from the date of death of the spouse from whom eligibility is derived.
History of Section. P.L. 1972, ch. 22, § 1; P.L. 1986, ch. 459, § 2; P.L. 1987, ch. 118, art. 20, § 1; P.L. 1994, ch. 134, § 17; P.L. 2016, ch. 511, art. 2, § 49.
The division of higher education assistance shall be designated as the administering authority for this chapter and shall, no later than August 30, 1987, establish rules, regulations, procedures, and safeguards for the implementation of this chapter. The regulations and procedures shall include, but not be limited to, the establishment of income guidelines and academic performance criteria. No funds shall be awarded under this chapter until these regulatory and administrative measures are established.
History of Section. P.L. 1987, ch. 118, art. 20, § 2; P.L. 2015, ch. 141, art. 7, § 13.
Any veteran who is a permanent resident of this state who submits proof sufficient to establish a veterans’ rated ten percent (10%) to one hundred percent (100%) disability by the department of veterans’ affairs as a result of military service shall be entitled to take courses at any public institution of higher education in the state without the payment of tuition, exclusive of other fees and charges; provided, however, that any person eligible for financial aid as determined by the institution of higher education shall apply for such financial aid. Any financial aid award received by the applicant shall be applied towards the full amount of tuition that would otherwise have been charged by the public institution of higher education. Students using the tuition waivers for courses and competitive programs shall register at the start of open registration for the applicable semester in accordance with each institution’s registration policies. This includes priority registration where granted to students with disability status. Use of this waiver for competitive programs does not supersede any existing academic criteria for admission into those programs.
History of Section. P.L. 1994, ch. 438, § 1; P.L. 2014, ch. 152, § 1; P.L. 2014, ch. 266, § 1; P.L. 2016, ch. 512, art. 1, § 17.
This act shall be known and may be cited as the “education assistance for combat veterans act.”
History of Section. P.L. 2013, ch. 171, § 1; P.L. 2013, ch. 217, § 1.
It is hereby found and declared as follows:
(1) The fundamental freedoms enjoyed by all citizens of our state and these United States are ensured in no small part through the honorable service of our nation’s military veterans;
(2) The people of the state have a deep debt of gratitude for the sacrifices made by these men and women who, as combat veterans, placed their lives in harm’s way to protect and defend our nation from all foreign enemies and terrorist threats; and
(3) These men and women should be allowed to resume their education, receive academic credit commensurate with their military training and experience, graduate, and ultimately obtain meaningful civilian employment upon their return to Rhode Island without delay.
History of Section. P.L. 2013, ch. 171, § 1; P.L. 2013, ch. 217, § 1; P.L. 2016, ch. 511, art. 2, § 50.
The state board of education shall ensure:
(1) Enrolled students are awarded education credits based upon their military training or service when academically appropriate; and
(2) Establishment of a preferential class registration process for all state institutions, that shall be reviewed and approved by the board of education to allow combat veterans to register first for all classes at any state-run institution of higher education. In developing rules and regulations, the office of the commissioner of higher education, in consultation with the adjutant general of the Rhode Island national guard, shall determine individual preference ranking among combat veterans, including, but not limited to, the number of combat tours served, service awards, and any other such criteria deemed appropriate by the adjutant general.
History of Section. P.L. 2013, ch. 171, § 1; P.L. 2013, ch. 217, § 1; P.L. 2016, ch. 511, art. 2, § 50.
(a) Pursuant to the reauthorization of the Federal Higher Education Act of 2008 and passage of the Veterans Access, Choice, and Accountability Act of 2014, the following individuals shall be entitled to pay tuition and fees at an institution of higher education at the rates provided for Rhode Island residents without regard to the length of time the person has lived in this state:
(1) Any active duty member or the spouse or dependent of an active duty member of any branch of the uniformed services who has been on active duty for a period of more than thirty (30) days; or
(2) Any active duty member who is injured while on active duty, and whose injuries causes him or her to be on active duty for a period of less than thirty (30) days; or
(3) Any veteran of the uniformed services who is eligible for Federal GI Bill educational benefits; or
(4) Any other individual who is eligible for transferred Federal GI Bill educational benefits or the Fry Scholarship, provided that he or she lives in the state of Rhode Island while attending a Rhode Island public postsecondary institution.
(b) The council of postsecondary education shall develop a policy and rules and regulations to ensure that public postsecondary institutions in this state implement the changes set forth in this section.
History of Section. P.L. 2015, ch. 167, § 1; P.L. 2015, ch. 197, § 1.
The legislature hereby finds and declares:
(1) Numerous Rhode Island residents have distinguished themselves in the armed services of the United States by gallantry above and beyond the call of duty;
(2) That as a result of that gallantry, these residents have been awarded the medal of honor by the President of the United States;
(3) That the proper method of furthering that goal would be the establishment of a permanent committee.
History of Section. P.L. 1982, ch. 327, § 1; P.L. 1996, ch. 338, § 1.
(a) There is hereby created a permanent committee on Rhode Island medal of honor recipients to consist of nine (9) members of the general public with knowledge of veterans’ affairs to be appointed by the governor with the advice and consent of the senate; provided, however, that:
(1) Those members of the committee as of the effective date of this act [March 29, 2006], who were appointed to the committee by members of the general assembly, shall cease to be members of the committee on the effective date of this act [March 29, 2006] and the governor shall nominate six (6) new members, each of whom shall serve for the balance of the current term of his or her predecessor.
(2) Those members of the committee as of the effective date of this act [March 29, 2006], who were appointed to the committee by the governor, shall continue to serve for the duration of their current terms.
(b) No person shall be eligible for appointment to the committee unless he or she is a resident of this state. Vacancies shall be filled in like manner as the original appointments. Members shall serve until their successors are appointed and qualified. The members of the committee shall be eligible to succeed themselves.
(c) No person shall be eligible for appointment to the committee after the effective date of this act [March 29, 2006] unless he or she is a resident of this state.
(d) Members of the committee shall be removable by the governor pursuant to the provisions of § 36-1-7 and for cause only, and removal solely for partisan of personal reasons unrelated to capacity or fitness for the office shall be unlawful.
History of Section. P.L. 1982, ch. 327, § 1; P.L. 1996, ch. 338, § 1; P.L. 2001, ch. 180, § 64; P.L. 2006, ch. 14, § 6; P.L. 2006, ch. 16, § 6.
Upon organization of the committee, by majority vote, one of its members shall be chosen as chairperson, another of its members shall be chosen vice chairperson, and another of its members shall be chosen as secretary.
History of Section. P.L. 1982, ch. 327, § 1.
(a) It shall be the duty of the committee to coordinate the activities of veterans’ organizations and other parties interested in veterans’ affairs in order to decide upon a suitable monument or monuments to be placed on the site described in § 30-31-1(3). The committee is hereby empowered to determine the type of monument or monuments to be placed on that site and it shall be the exclusive responsibility of the committee to arrange for the placing of a monument or monuments and to maintain the grounds surrounding the monument.
(b) Within ninety (90) days after the end of each fiscal year, the committee shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a summary of any training courses held pursuant to the provisions of this section; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and secretary of state’s websites as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of the provisions of this subsection.
(c) The committee shall conduct a training course for newly appointed and qualified members within six (6) months of their qualification or designation. The course shall be developed by the chair of the committee, approved by the committee, and conducted by the chair of the committee. The committee may approve the use of any committee or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapters 46 of title 42, 14 of title 36, and 2 of title 38 and the committee’s rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [March 29, 2006], prepare and disseminate training materials relating to the provisions of chapters 46 of title 42, 14 of title 36, and 2 of title 38.
History of Section. P.L. 1982, ch. 327, § 1; P.L. 2006, ch. 14, § 6; P.L. 2006, ch. 16, § 6.
The joint committee shall, if it finds it cannot obtain the proper assistance from available sources, contract for such technical services as it shall require to effectuate its purposes.
History of Section. P.L. 1982, ch. 327, § 1.
The joint committee on legislative services shall provide adequate space in the state house for the use of the committee; provided, however, that the committee may conduct hearings and hold meetings elsewhere when doing so will better serve its purposes. A majority in number of the committee shall be necessary to constitute a quorum for the transaction of business.
History of Section. P.L. 1982, ch. 327, § 1.
This chapter shall be known and may be cited as the “national security infrastructure support fund.”
History of Section. P.L. 2005, ch. 360, § 1; P.L. 2005, ch. 383, § 1.
There is hereby created the national security infrastructure support fund. The general assembly may from time to time appropriate monies to the national security infrastructure support fund.
History of Section. P.L. 2005, ch. 360, § 1; P.L. 2005, ch. 383, § 1.
As used in this chapter, “national security infrastructure” means the land, buildings, equipment or other forms of infrastructure that are principally and predominantly used to support and advance the national security of the United States.
History of Section. P.L. 2005, ch. 360, § 1; P.L. 2005, ch. 383, § 1.
(a) The commerce corporation is designated as the public corporation to administer the national security infrastructure support fund and may receive annual funding from appropriations made for that purpose. The funds shall be separately identified with corresponding revenues and expenses within the financial statements of the commerce corporation. No charges or fees for the operating expenses of the fund, such as legal fees or appraisals related to a specific transaction, shall be allocated from the fund to the commerce corporation.
(b) Within the national security infrastructure support fund, two (2) distinct grant programs shall be established to carry out the legislative intent of the fund. They shall be known as the:
(1) Military facility protection program (“MFPP”), and
(2) The defense economy community reinvestment program (“DECRP”).
History of Section. P.L. 2005, ch. 360, § 1; P.L. 2005, ch. 383, § 1; P.L. 2014, ch. 504, § 1; P.L. 2014, ch. 536, § 1.
(a) The purpose of this fund is to address emergent needs relating to mission sustainment, encroachment reduction or prevention, and base retention. All funds appropriated for the purposes of this program are eligible to be used for matching of federal funds.
(b) The specific allocation of the funds shall be determined by the commerce corporation, after consultation with the fund’s advisory board, and within the following program guidelines:
(1) To provide grants and loans to improve water, sewer, electric, gas, roads, rail systems, runways, navigational, or security systems relating to the support of national security infrastructures located within the state;
(2) To secure real estate and tangible property, as well as non-conservation lands, to be used for expansion or to protect against encroachment around national security installations within the state;
(3) To support best practices in energy efficiency savings initiatives at military facilities, including renewable energy applications;
(4) To support innovative public/private partnerships in military facility operations, including utility, housing, purchasing, and transportation services; and
(5) To provide grants to increase the mission-related capabilities of the national security infrastructures located within the state.
History of Section. P.L. 2005, ch. 360, § 1; P.L. 2005, ch. 383, § 1; P.L. 2014, ch. 504, § 1; P.L. 2014, ch. 536, § 1.
(a) The purpose of this fund is to assist defense-dependent municipalities to develop and implement alternative economic diversification strategies that repurpose surplus defense facilities and properties. All funds appropriated for the purposes of this program are eligible to be used for matching of federal funds.
(b) The specific allocation of the funds shall be determined by the commerce corporation after consultation with the fund’s advisory board and within the following program guidelines:
(1) Eligible applicants include defense-dependent municipalities and regions and local economic development organizations located within such communities. The program shall be administered by the commerce corporation and grant awards may be provided to support community-based activities that:
(i) Assist communities in defense-dependent municipalities and regions to plan, analyze, and develop transitional strategies that maximize uses for surplus defense properties;
(ii) Diversify and further commercialize the local economy of a defense-dependent community; and
(iii) Encourage the development of public/private partnerships focused within the high-growth fields of information technology, cyber security, engineering, and advanced manufacturing.
History of Section. P.L. 2014, ch. 504, § 2; P.L. 2014, ch. 536, § 2.
Priority of funding shall be given to allocations that provide at least a twenty percent (20%) match or supplement funds from other sources.
History of Section. P.L. 2005, ch. 360, § 1; P.L. 2005, ch. 383, § 1; P.L. 2014, ch. 504, § 1; P.L. 2014, ch. 536, § 1.
The commerce corporation shall provide the general assembly with a biennial report documenting the allocation and uses of money from this fund.
History of Section. P.L. 2005, ch. 360, § 1; P.L. 2005, ch. 383, § 1; P.L. 2014, ch. 504, § 1; P.L. 2014, ch. 536, § 1.
(a) There shall be established a permanent advisory board that shall consist of seven (7) members:
(1) One of whom shall be the secretary of commerce, or his or her designee;
(2) Two (2) of whom shall be the co-chairs of the Rhode Island defense economy planning commission;
(3) Four (4) of whom shall be representatives of defense dependent-communities, one named by the speaker of the house, one named by the senate president, one named by the minority leader of the house, and one named by the minority leader of the senate; and
(4) Additionally, the co-chairpersons may designate additional non-voting, ad hoc members whose technical expertise may be needed based upon national security infrastructure investment issues pending or projects submitted to the fund.
(b) This board shall be purely advisory and shall meet whenever a quorum of four (4) shall deem it necessary or at the request of the secretary when grant rounds are contemplated or in process.
(c) The co-chairs of the Rhode Island defense economy planning commission shall chair the advisory commission and its meetings.
(d) The advisory commission shall meet at the call of the chairpersons.
(e) The members of the board shall serve for a period of three (3) years.
(f) The purpose of this commission shall be to identify potential projects and to assist the secretary of commerce in evaluating projects for funding under the provisions of this chapter.
History of Section. P.L. 2014, ch. 504, § 2; P.L. 2014, ch. 536, § 2.
This act may be cited as “The Family Military Leave Act”.
History of Section. P.L. 2008, ch. 61, § 1; P.L. 2008, ch. 65, § 1.
The following words or phrases, as used in this chapter, mean the following:
(1) “Employee” means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. “Employee” does include an independent contractor. “Employee” includes an employee of a covered employer who has been employed by the same employer for at least twelve (12) months, and has been employed from at least one thousand two hundred fifty (1,250) hours of service during a twelve-month (12) period immediately preceding the commencement of leave.
(2) “Employee benefits” means all benefits, other than salary or wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer.
(3) “Employer” means any person, partnership, corporation, association, other business entities, the state of Rhode Island, Rhode Island municipalities, and other units of local government.
(4) “Family military leave”, means leave requested by an employee who is the spouse or parent of a person called to military service lasting longer than thirty (30) days with the state of Rhode Island or the United States pursuant to the orders of the governor of Rhode Island or the President of the United States.
History of Section. P.L. 2008, ch. 61, § 1; P.L. 2008, ch. 65, § 1.
(a) Any employer, as defined in § 30-33-2, that employs between fifteen (15) and fifty (50) employees shall provide up to fifteen (15) days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may consist of unpaid leave.
(b) Any employer, as defined in § 30-33-2, that employs more than fifty (50) employees shall provide up to thirty (30) days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may consist of unpaid leave.
(c) The employee shall give at least fourteen (14) days notice of the intended date upon which family military leave will commence if the leave will consist of five (5) or more consecutive workdays. Where able, the employee shall consult with the employer to schedule the leave to not unduly disrupt the operations of the employer. Employees taking military family leave for less than five (5) consecutive days shall give the employer advance notice as is practicable. The employer may require certification from the proper military authority to verify the employee’s eligibility to take the requested family military leave.
(d) An employee shall not take leave as provided under this act unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave or time, and any other leave that may be granted to the employee, with the exception of sick leave and disability leave.
History of Section. P.L. 2008, ch. 61, § 1; P.L. 2008, ch. 65, § 1.
(a) Any employee who exercises the right to family military leave under this act, upon the expiration of their leave, shall be entitled to restoration, by the employer, to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. This section does not apply if the employer proves that the employee was not restored as provided in this section because of conditions unrelated to the employee’s exercise of rights under this act.
(b) During any family military leave taken under this act, the employer shall make it possible for employees to continue their benefits at the employee’s expense. The employer and employee may negotiate for the employer to maintain benefits at the employer’s expense for the duration of the leave.
History of Section. P.L. 2008, ch. 61, § 1; P.L. 2008, ch. 65, § 1.
(a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise any right provided under this act.
(b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee who exercises any right provided under this act.
(c) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for opposing any practice made unlawful under this act.
History of Section. P.L. 2008, ch. 61, § 1; P.L. 2008, ch. 65, § 1; P.L. 2016, ch. 511, art. 2, § 51.
A civil action may be brought to the state court having jurisdiction by any employee to enforce this act. The court may enjoin any act or practice that violates or may violate this act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this act.
History of Section. P.L. 2008, ch. 61, § 1; P.L. 2008, ch. 65, § 1.
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