240-RICR — Department of Corrections

Chapter 10 Inmate Life

Subchapter 00

240-RICR-10-00-1 Inmate Mail

240-RICR-10-00-1 § 1.1 Authority

A.R.I. Gen. Laws § 42-56-10(22), Powers of the director; R.I. Gen. Laws § 42-56-1, Declaration of Policy.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2016-08-08 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/08/2016
• Amendment — effective from 2007-05-14 to 06/21/2010
• Amendment — effective from 2004-08-16 to 05/14/2007
• Amendment — effective from 2002-06-11 to 08/16/2004
• Periodic Refile — effective from 2001-12-28 to 06/11/2002

240-RICR-10-00-1 § 1.2 Purpose

A.To promulgate rules and guidelines governing inmate correspondence via postal service for all facilities at the Rhode Island Department of Corrections (RIDOC) and interoffice mail.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2016-08-08 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/08/2016
• Amendment — effective from 2007-05-14 to 06/21/2010
• Amendment — effective from 2004-08-16 to 05/14/2007
• Amendment — effective from 2002-06-11 to 08/16/2004
• Periodic Refile — effective from 2001-12-28 to 06/11/2002

240-RICR-10-00-1 § 1.3 Policy

A. Mail procedures are established and maintained to assist inmates in social, legal, business, and other correspondence deemed appropriate. The following procedures govern the management, collection, and/or distribution of inmate mail at all RIDOC facilities.

B.Inmates will be permitted uninterrupted correspondence and/or publications (e.g., letters, memos, greeting cards, books, magazines, etc.) as long as the correspondence/publications pose no threat to the safety and security of the facility, public officials, or the general public, do not hinder rehabilitation of an inmate, are not being used to further illegal activities, and meet all other specifications contained within this policy.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2016-08-08 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/08/2016
• Amendment — effective from 2007-05-14 to 06/21/2010
• Amendment — effective from 2004-08-16 to 05/14/2007
• Amendment — effective from 2002-06-11 to 08/16/2004
• Periodic Refile — effective from 2001-12-28 to 06/11/2002

240-RICR-10-00-1 § 1.4 Procedures

1.4.1General Information

A.Miscellaneous

1.When the inmate bears the mailing cost, there is no limit on the volume of letters the inmate can send or receive or on the length, language, content, or source of mail, or publications except when there is reasonable belief that limitation is necessary to protect public safety or institutional order and security, assist the rehabilitation of an inmate, and/or prevent the furthering of illegal activities.

2.All facility mailrooms are “OUT OF BOUNDS” to all inmates and unauthorized staff.

3.Mail returned to the RIDOC via the United States Postal Service (USPS) (i.e., “Return to Sender”) will be handled in the following manner:

a.Mail originally sent from an inmate as privileged mail [i.e., addressed to an attorney or any other individual/agency listed in item §§ 1.4.2(A)(2)(a) through (r) of this Part] is considered privileged mail upon its return to the facility and is subject to the procedures outlined in item § 1.4.2(B) of this Part, Incoming Privileged Mail.

b.Mail originally sent from an inmate as non-privileged mail [i.e., addressed to someone other than an attorney or any other individual/agency listed in item §§ 1.4.2(A)(2)(a) through (r) of this Part] is considered non-privileged mail upon its return to the facility and is subject to the procedures outlined in item § 1.4.3(B) of this Part, Incoming Non-Privileged Mail.

B.Incoming Mail – General Information

1.Incoming mail shall include, but is not limited to, any correspondence, envelopes, packages and/or publications delivered to or entering any facility of the RIDOC.

2.Incoming mail is distributed to inmates within 24 hours of receipt from the Post Office whenever possible, excluding weekends, holidays and emergency situations.

3.Incoming mail may be opened, inspected for contraband and read by authorized institutional staff within the guidelines set forth in this policy.

4.Incoming mail shall be passed through the mail scanner or other approved technology in accordance with the procedures in 1.4.2 and 1.4.3 and must be in the following format to comply with the requirements of the mail scanner:

a.No more than twenty-five (25) pages in each single (10”x13”) manila envelope (multiple envelopes may be submitted); or,

b.No more than five (5) pages in each (4 ?” x 9 ½”) standard letter envelope.

5.All First Class mail (letters and packages) is forwarded by appropriate facility, administrative and/or executive staff (e.g., facility Mail Officers, the Assistant to the Director, applicable Legal Counsel staff) to inmates who have been transferred to other facilities or institutions or released provided that a forwarding address is available.

a.If forwarding addresses are not available, First Class letters and packages are returned to senders.

b.First Class letters and packages sent to inmates who have been transferred to out-of-state or federal facilities are forwarded to the inmates, in care of the Wardens of the receiving facilities.

6.Mail received with postage due is returned to the sender.

a.If the sender is unknown, the postage due mail is returned to the Post Office.

7.Publications and/or packages containing commodities authorized for inmate possession are not accepted on a C.O.D. basis.

8.All authorized items shipped through the USPS are accepted on a prepaid (in full) basis only.

9.Mail from inmates incarcerated at federal, county, municipal, and other state correctional facilities, and from inmates on Home Confinement addressed to inmates at the RIDOC is returned to the sender, except in cases where the correspondence is between immediate family members as defined in § 1.4.1(C)(5) of this Part.

10.All mail (letters, packages, etc.) is only accepted when arriving through the USPS. Packages arriving from United Parcel Service (UPS), Federal Express, etc., are not accepted.

11.Removal of Items from Incoming Mail

a.In each case where it is deemed necessary to remove any item(s) from incoming mail, a written record is made of such action. A copy of this record is given to the affected inmate. The record includes:

(1)Inmate’s name and I.D. number;

(2)Description of mail in question, to include a description of the item;

(3)Description of action taken and reason(s) for such action;

(4)Disposition of removed item(s); and

(5)Signature of the Mail Officer

b.When contraband is found which is not otherwise illegal, a notice is sent to the inmate, and the contraband is returned to the sender at the inmate’s expense.

(1)If there is no return address, contraband that is not otherwise illegal is destroyed.

(2)In the event that items are removed from mail, the inmate may appeal the action taken through the formalized inmate grievance procedure, consistent with the most recent version of RIDOC Policy 13.10 DOC, Inmate Grievance Procedure.

c.When illegal contraband is seized, procedures outlined in the most recent version of RIDOC Policy 9.14 DOC, Detecting and Confiscating Contraband on or in the Possession of Inmates/Detainees (including Frisk, Strip and Body Cavity Searches) or in Inmate Transport Vehicles.

d.Any cash, checks, postal notes, money orders, or drafts found in incoming mail are seized and forwarded to the Inmate Accounts Office to be deposited in the inmate’s account, according to the most recent version of RIDOC Policy 2.09 DOC, Accountability of Inmate Money/Checks.

(1)A receipt of the transaction is given to the addressee and a copy is placed in the inmate’s facility file.

12.Documentation/Notification Requirements for Disapproval of Incoming Publications

a.When any written material (e.g., books, magazines, periodicals, pamphlets, newspapers, newsletters, etc.), or portion thereof, addressed to an inmate is received at the facility, but is not deliverable to the inmate for any reason set forth in § 1.4.3(B)(3) of this Part, the inmate is promptly notified, in writing, of the following:

(1)The reason(s) for refusing to allow the material or a portion thereof into the facility (see § 1.4.3(B)(3)(d) of this Part for specific criteria for prohibiting materials);

(2)The process for the inmate to appeal the decision to prohibit the material.

b.The publisher/sender, when identifiable, is notified via copy of the inmate’s final notice of denial of the material issued by the Publication Review Committee and may request a review of this action by writing to the Assistant Director of Institutions and Operations within fourteen (14) days of receipt of notification.

(1)A publisher is defined as a business, organization, or firm which issues and makes available to the general public books and other publications for sale and wide distribution.

c.Where criminal activity is suspected, in addition to the procedures set forth in this policy, the matter is referred to the appropriate law enforcement agency [e.g., USPS, Federal Bureau of Investigation (FBI), Attorney General] by the Director or designee [the Office of Inspections or the Special Investigations Unit (SIU)].

d.In the event library books are confiscated by staff due to questions about the content of the material, the review of the book(s) will follow the same procedures outlined for incoming non-privileged mail. Notice that the book(s) will be prohibited from the facilities will be sent to the librarian by the ADIO after the review process is completed.

13.Unclaimed Mail

a.See the most recent version of RIDOC Policy 14.01 DOC, Intake/Committing Process for procedures for handling inmate property returned to RIDOC by the US Postal Service as undeliverable.

b.Incoming mail for a released inmate for whom a valid forwarding address is not available, and for whom there is no return address, is returned to the RIDOC central mailroom where is it held for one (1) day, after which time it is returned to the United State Post Office for disposition.

14.Certified Mail

a.The Mail Officer maintains a logbook for incoming Certified Mail. This logbook includes the date Certified Mail was received and the date it was delivered to the inmate addressee.

(1)Inmates receiving Certified Mail must sign the receipts (i.e., green cards).

(2)Once the inmate signs the receipt, the Mail Officer sends the receipt back to the sender via USPS, and makes the appropriate notations in the logbook.

C.Outgoing Mail – General Information

1.Outgoing mail receptacles are available to inmates in each facility.

2.Outgoing mail is transmitted to the Post Office within a 24-hour period whenever possible, excluding weekends, holidays, and emergency situations.

3.The inmate sender must list his/her name, RIDOC inmate identification number, facility, housing unit, and bunk assignment in the top left-hand corner of the envelope on any mail s/he sends out, e.g., mail addressed to Departmental personnel through the inter-Departmental mail system (requiring no postage) or via USPS (requiring proper postage paid by the inmate).

4.Proper postage must be affixed.

5.Inter-Departmental mail between inmates is not authorized, except in cases where the correspondence is between immediate family members (to include blood, marriage, and step relationships) to be defined as parent, grandparent, spouse (including common-law), brother or sister, son or daughter, grandson or granddaughter, or when an inmate is a party to or a witness in an active legal action in which both inmates are involved (e.g., co-defendants), and they are both pro se (verified by RIDOC’s Office of Legal Counsel). Inmates wishing to correspond with other inmates should submit requests to the facility Warden or designee.

6.In order to establish the existence of common-law marriage, spouses are required to present two (2) different examples of the following documents:

a.A personal affidavit stating when and where you and your common-law spouse mutually agreed to become husband and wife; whether you were ever married, ceremonially or otherwise, to anyone else, and the details surrounding the end of any previous marriages (how they were ended, where and when); and any other details that will help to establish the existence of a husband and wife relationship.

b.Affidavits from other persons who know you and are familiar with your relationship, setting forth particulars such as the length of time you lived together, your address(es); whether there was any public announcement of your marriage; and whether your friends, neighbors, and relatives regard you as married.

c.Deed showing title to property held jointly by both parties to the common-law marriage.

d.Bank statements and checks showing joint ownership of the accounts.

e.Insurance policies naming the other party as beneficiary.

f.Birth certificates naming you and your common-law spouse as parents of your child(ren).

g.Employment records listing your common-law spouse as an immediate family member.

h.School records listing the names of both common-law spouses as parents.

i.Credit card accounts in the names of both common-law spouses.

j.Loan documents, mortgages, and promissory notes evidencing joint financial obligations of the parties.

k.Mail addressed to you and your common-law spouse as “Mr. and Mrs.”

l.Any documents showing that the wife has assumed the surname of her common-law husband.

m.Church records indicating familial status, including membership information, baptismal certificates of the parties’ child(ren), Sunday school registration forms, etc.

7.All outgoing inmate mail must contain the following statement in letters at least 1/8” high: “ATTENTION! THIS IS R.I. DEPT. OF CORRECTIONS INMATE CORRESPONDENCE. The contents have not been censored. The Sender is not authorized to enter into credit contracts.”

a.Each facility’s Mail Officer is responsible for stamping this message on all appropriate mail if said mail does not include this message pre-printed on the envelopes.

8.Outgoing mail may be opened, inspected for contraband, and read by authorized facility staff within the guidelines set forth in this policy.

9.All postage costs for outgoing mail will be paid by the inmate (with the exception of indigent inmates).

10.Indigent Inmates. The Department of Corrections will pay First Class postage for up to three (3) outgoing personal letters per week, as well as First Class postage for all outgoing privileged correspondence of indigent inmates.

a.The most recent version of RIDOC Policy 2.25 DOC, Indigent Inmates, defines an indigent inmate as one who is involuntarily unemployed, has less than $10.00 in his/her active account, and has had no deposits of $10.00 or more in the previous two (2) months.

b.Procedures for indigent inmate outgoing mail at the Intake Service Center (ISC) are as follows:

(1)Inmate places mail unstamped in the central mail depository.

(2)Both the ISC and the central mailroom officers conduct periodic, random name checks only on unstamped mail to ensure the sender is an indigent inmate. Mail not meeting those criteria is returned to the inmate.

(3)The Department does not pay for Certified or other specific mailing categories for indigent inmates.

c.Procedures for indigent inmate mail at all other facilities are as follows. The inmate:

(1)Completes money transfer form, to include name and I.D. number;

(2)Checks off postage;

(3)Writes “Indigent” in section “Reason for Transferring Money”;

(4)Signs the form; and

(5)Attaches the form to the mail and gives said form to area supervisor or places it in the receptacle designated for this purpose.

11.Books of postage stamps are available for inmate purchase via the inmate commissary.

a.Postage stamps are not accepted through visits or mail.

b.Inmates are allowed to have no more than two (2) books of twenty (20) or four (4) books of ten (10) postage stamps each in their possession.

c.All postage stamps must be attached in booklets. No loose stamps are allowed.

d.Inmates in disciplinary confinement who have adequate funds are responsible for purchasing postage stamp books. Said inmates who are not indigent are not provided with “state-issued” stamps.

12.Documentation/Notification Requirements for Disapproval of Outgoing Mail

a.When any mail, or a portion thereof, is not mailed for any of the reasons set forth in this policy, the inmate is promptly notified in writing of the following:

(1)The reason for refusal to send the mail, or a portion thereof; and

(2)The fact that the inmate may submit a written appeal through the formalized inmate grievance procedure.

b.Where criminal activity is suspected, in addition to the procedures set forth in this policy, the matter is referred to the appropriate law enforcement agency (e.g., USPS, FBI, Attorney General) by the Director or designee [the Office of Inspections or the Special Investigations Unit (SIU)].

1.4.2Privileged Mail

A.General Guidelines

1.Privileged mail, whether it is incoming or outgoing, cannot be read by RIDOC staff.

2.Inmates are permitted to send and receive letters from the following persons:

a.Any official of a court of the United States or the State of Rhode Island or acting on behalf of the court (judge, attorney, clerk, probation and parole officers);

b.The President of the United States;

c.The Governor of the State of Rhode Island;

d.Any member of the Congress of the United States;

e.Any member of the General Assembly of the State of Rhode Island;

f.The Attorney General of the United States;

g.The Attorney General of the State of Rhode Island;

h.The Director or any agent of the Federal Bureau of Investigation (FBI);

i.The senior administrator of any state’s State Police;

j.The Director of the Rhode Island Department of Corrections;

k.Any Assistant Director of the Rhode Island Department of Corrections;

l.Any member of the Parole Board;

m.RIDOC Inmate Grievance Coordinator;

n.Any public official or agency, where the mail appears on its face to relate to legal matters;

o.The American Civil Liberties Union (ACLU), its affiliates and sections, i.e., The National Prison Project;

p.Public Defender;

q.Attorney;

r.Legal Aid Society.

3.Inmates and other persons with whom inmates may correspond as provided above shall not use or permit others to use authorized privileged mail for:

a.personal, non-legal, and/or non-official correspondence;

b.the transmission of contraband; and/or

c.the transmittal of communications to be given or forwarded to persons not specified above.

4.Anyone receiving mail that, according to the above-listed criteria, is considered prohibited should submit such communications or materials to the Warden of the facility in which the inmate is confined.

B.Incoming Privileged Mail

1.All incoming privileged mail shall be passed through the mail scanner or other approved technology without being opened.

2.The mail scanner is a T-ray scanner utilizing 4D imaging technology to detect all types of postal threats identified by the Department of Homeland Security (DHS). Its primary purpose is to enhance physical mail security by identifying potential threats or contraband and ensuring the safe handling of incoming mail. The scanners are not designed or utilized for analyzing or interpreting the text content of mail. This ensures the privacy of correspondence is maintained. While photographs of scanned mail may be taken for investigative purposes related to security concerns, the scanner will not be used to read or copy the textual contents of the mail.

3.Privileged mail that is deemed clear will then be opened and inspected for any other signs of suspicious contraband in the presence of the inmate addressee. RIDOC staff is prohibited from reading privileged incoming mail.

4.Incoming privileged mail is treated as privileged only if the name and/or official status of the sender appear clearly on the envelope.

5.If the official status of the sender is not clear, the sender should be contacted to verify the authenticity of the mail and that it is appropriately designated as privileged.

6. Privileged mail that fails the mail scanner or other approved technology, cannot be authenticated or that is otherwise deemed suspicious (possibly containing contraband), shall be held for further testing and the procedure below must be followed:

a.The sender and inmate will be notified that the privileged mail will be held for further testing.

b.The envelope shall remain sealed.

c.The seizing officer will legibly write their name, facility/location, date, time, and the inmates name and ID number on the sealed envelope.

d.The sealed envelope will then be secured in the facilities SIU evidence locker and an incident report will be generated for “suspicious documents” while also indicating “SIU Investigation Requested.”

e.The Deputy Chief of the Office of Investigations and Intelligence will be notified, and the incident report assigned to an investigator for follow up.

(1)In the event additional testing will be done which requires the envelope be opened, it shall only be opened and tested in the presence of the inmate or the sender.

(2)If additional testing is required, it shall be conducted within 24-48 hours excluding holidays and weekends, in the presence of the inmate or the sender.

(3)Any privileged mail testing positive for illegal substances shall be deemed illegal contraband and seized in accordance with the procedures outlined in the most recent version of RIDOC Policy 9.14 DOC, Detecting and Confiscating Contraband on or in the Possession of Inmates/Detainees (including Frisk, Strip and Body Cavity Searches) or in Inmate Transport Vehicles, and a referral shall be made to the Rhode Island State Police.

C.Outgoing Privileged Mail

1.Outgoing privileged mail may only be inspected if a reasonable belief exists that the security of the institution is at risk. In such cases, it may be inspected for contraband only in the presence of the inmate. RIDOC staff is prohibited from reading outgoing privileged mail.

1.4.3Non-Privileged Mail

A.General Guidelines

1.Non-privileged mail, both incoming and outgoing, may be opened and inspected for contraband including being passed through the mail scanner or other approved technology.

2. As stated in § 1.4.2.(B)(2) of this Part, the mail scanner is a T-ray scanner utilizing 4D imaging technology to detect all types of postal threats identified by the Department of Homeland Security (DHS). Its primary purpose is to enhance physical mail security by identifying potential threats or contraband and ensuring the safe handling of incoming mail. The scanners are not designed or utilized for analyzing or interpreting the text content of mail. While photographs of scanned mail may be taken for investigative purposes related to security concerns, the scanner will not be used to read or copy the textual contents of the mail.

3.It is the policy of RIDOC not to read or censor incoming or outgoing non-privileged mail, except for reasons of safety or security.

4.Written material shall not be rejected solely because its content is religious, philosophical, social or sexual, or because its content is unpopular, repugnant, or based upon an employee’s personal views of the merit of such mail.

5.Non-privileged mail may be read, and disallowed, provided there is a reasonable belief that reading the mail is necessary to preserve facility order and security or to protect the public safety.

6.Inspection of non-privileged mail may be undertaken only by authorized staff in accordance with the procedures outlined in this document and in established post orders.

7.Only the following RIDOC staff may read non-privileged mail:

a.Director;

b.Assistant Directors;

c.Wardens;

d.Deputy Wardens;

e.Shift Commanders;

f.Inspectors;

g.Investigators (SIU);

h.Staff member designated by the Warden for such purpose (e.g. Mail Officer);

i.Members of the Publication Review Committee (PRC).

j.Legal Counsel for the RIDOC

8.Any facility-based authorized staff member reading inmate mail pursuant to this policy records such action in a logbook maintained by the facility Mailroom Officer for such purpose.

9.Any non-privileged mail that fails the mail scanner or other approved technology or that is otherwise deemed suspicious (possibly containing contraband) shall be held for further testing and the procedure below must be followed:

a.Inmates are notified when incoming or outgoing mail is withheld in part or in full.

b.The seizing officer will legibly write their name, facility/location, date, time, and the inmates name and ID number on the sealed envelope.

c.The sealed envelope will then be secured in the facility’s SIU evidence locker and an incident report will be generated for “suspicious documents” while also indicating “SIU Investigation Requested.”

d.The Deputy Chief of the Office of Investigations and Intelligence will be notified, and the incident report assigned to an investigator for follow up.

e.In the event the non-privileged mail is ultimately deemed not to contain contraband, it may be delivered to the inmate or returned to sender.

f.Any non-privileged mail testing positive for illegal substances shall be deemed illegal contraband and seized in accordance with the procedures outlined in the most recent version of RIDOC Policy 9.14 DOC, Detecting and Confiscating Contraband on or in the Possession of Inmates/Detainees (including Frisk, Strip and Body Cavity Searches) or in Inmate Transport Vehicles, and a referral shall be made to the Rhode Island State Police.

B.Incoming Non-Privileged Mail

1.In addition to the General Guidelines specified above, the Director or the Assistant Director of Institutions & Operations may authorize the reading of incoming non-privileged mail when in his/her opinion such action is necessary to prevent entry of materials and/or information prohibited under this policy.

2.Incoming Printed (Non-Privileged) Material

a.The purchase of commercially-produced photographs and hard cover books is prohibited.

b.Inmates are not allowed to order written material with the “bill me later” option on the order form.

c.Items received in the mail (e.g., pictures from magazines) cannot be posted in inmates’ cells.

d.As a general rule, any printed material, including but not limited to newspapers, drawings, magazines, pamphlets, books, printouts from websites or photographs may be excluded, if it is determined to be detrimental to the security, good order or discipline of the facility, and/or if the effect of which might hinder rehabilitation of an inmate, facilitate criminal activity or contribute to a hostile work environment.

e.See § 1.4.3(B)(3)(d) of this Part for specific criteria for prohibiting materials.

3.Disapproval of Incoming Non-Privileged Mail

a.Incoming non-privileged mail is disapproved only to prevent interference with facility goals of security, order, discipline, rehabilitation, if it might facilitate, encourage or instruct in criminal activity, or contribute to a hostile work environment. Disapproval is not based upon an employee’s personal views of the merit of such mail.

(1)RIDOC reserves the right to disallow personal photographs and/or facsimiles which feature nudity as defined herein [see § 1.4.3(B)(3)(d)((8)) of this Part].

(2)Consistent with the most recent version of RIDOC Policy 14.03 DOC, Inmate Property Accountability, personal property not authorized within a facility is sent to a person designated by the inmate (at no expense to the State), donated to a charitable organization, or destroyed. Property not disposed of by the inmate is donated or destroyed after thirty (30) days, except at ISC, where it is destroyed after ten (10) days.

b.RIDOC reserves the right to disallow previously approved publications on an issue-by-issue review.

c.Facility Wardens or designees (e.g., Mail Officers), Shift Commanders and the Publication Review Committee review written materials to determine whether they will be allowed into a facility. Review of the written material shall take into account the desire to minimize intrusiveness along with the criteria for prohibition outlined in § 1.4.3(B)(3)(d) of this Part.

(1) Mail Officer Responsibilities: Whenever a Mail Officer finds a publication or other written material objectionable or questionable s/he will forward it to the Shift Commander for his/her review along with the Chain of Custody form within two (2) working days. The Mail Officer will notify the inmate pursuant to § 1.4.1(B)(11)(a) of this Part.

(2)Shift Commander Responsibilities: The Shift Commander will review the publication or other written material to determine if it will be allowed into the facility in whole or in part. If s/he determines the material as a whole will be allowed into the facility the Shift Commander will instruct the Mail Officer to deliver the material to the inmate.

(A)If the Shift Commander determines that only a portion of the publication or other written material should enter the facility, s/he will instruct the Mail Officer to contact the inmate and explain the reason that part of the material will be removed or redacted prior to delivery. If the inmate agrees to accept the written material with portions removed or redacted, s/he will receive the remainder of the material.

(B)If the inmate does not accept the written material with portions removed or redacted, s/he may ask for a review of the Shift Commander’s decision by the Warden/designee. The Mail Officer will send the material to the Warden/designee along with the Chain of Custody form within two (2) working days.

(C)If the Shift Commander finds the publication objectionable or questionable as a whole, s/he will forward it to the Warden/designee along with the Chain of Custody form within two (2) working days.

(3)Warden/Designee Responsibilities: The Warden/designee will review the publication or other written material and determine whether it will be allowed into the facility in whole or in part. If it is allowed in whole, the Warden/designee will instruct the Mail Officer to deliver the material to the inmate/library.

(A)If the Warden/designee allows the publication or other written material in part, s/he will instruct the Mail Officer to contact the inmate/librarian and explain the reason that part of the material will be removed or redacted. If the inmate agrees to accept the material with portions removed or redacted, s/he will receive the remainder of the material.

(B)If the inmate does not accept the Warden/designee’s decision that part of the written material will be removed or redacted, s/he will be given the Chain of Custody form and the material will be forwarded to the Publication Review Committee within five (5) working days.

(C)If the Warden/designee finds the publication or other written material objectionable or questionable as a whole, s/he will forward the material to the Publication Review Committee (PRC) along with the Chain of Custody form within five (5) working days.

(4)Publication Review Committee Responsibilities: The Publications Review Committee (PRC) is comprised of the following individuals: The Central Office Warden; The Chief of SIU; The Interdepartmental Project Manager, Director’s Office

(A)The PRC will review the publication or other written material and determine whether the material will be allowed in the facility(s). The committee will take into account the criteria for prohibition outlined in § 1.4.3(B)(3)(d) of this Part as well as the desire to minimize intrusiveness.

(B)If the material is allowed, the PRC will return the material to the facility Warden/designee (e.g., Mail Officer) to be delivered to the inmate.

(C)If the PRC finds the written material objectionable pursuant to the criteria outlined in this policy, the material will be prohibited. The PRC will send the inmate the Chain of Custody form within seven (7) working days, notifying the inmate that the material has been prohibited from the facility along with an explanation for the denial. The ADIO will notify the publisher/sender of the PRC’s decision.

(5)Inmate Appeal of the PRC to the Assistant Director of Institutions and Operations (ADIO): If the inmate wishes to seek review of the PRC’s decision, the inmate will be afforded 14 days to write to the ADIO to seek review of the PRC’s decision. The publication will be held until the ADIO renders a decision approving or disapproving the PRC’s decision.

(A)The Assistant Director of Institutions and Operations will notify Wardens/designees (e.g., Mail Officers) and the PRC of his/her decision regarding the questionable/objectionable publication within 14 days.

(B)If the ADIO upholds the PRC’s decision (i.e., the material is disallowed), Mail Officers notify the affected inmates in writing of the ADIO’s decision and the inmate will be offered the opportunity to send the publication out (at the inmate’s cost) or it will be destroyed. The publisher/sender will receive notice of the decision from the ADIO.

(C)If the ADIO overturns the PRC’s decision (i.e., the material is approved for delivery to inmates), Mail Officers notify Wardens and deliver the publication.

(6)If the inmate chooses not to request an appeal, s/he may submit a money transfer form to the Mail Officer with instructions as to whom the publication should be sent. If the inmate does not send a money transfer form, the publication is destroyed.

(7)In the event the publisher wishes to request a review of the decision made by the PRC or the ADIO, the publisher may request a review by writing to the ADIO within fourteen (14) working days of receipt of the notice.

d.The contents of the material, as a whole or in part, may be prohibited if the materials:

(1)Depict or describe procedures for the construction or use of weapons, ammunition, bombs, or incendiary devices;

(2)Depict, describe, or encourage methods of escape from correctional facilities, or contain blueprints, drawing, or similar descriptions of any correctional facility within the State of Rhode Island;

(3)Depict or describe procedures for the brewing of alcoholic beverages or the manufacture of drugs, drug paraphernalia and/or poisons;

(4)Are written in code;

(5)Depict, describe, or encourage activities that may lead to the use of physical violence or group disruption;

(6)Encourage, facilitate, or instruct in the commission of criminal activity;

(7)Are sexually explicit;

(A)“Sexually explicit material”, means a pictorial depiction of sexual acts including sexual intercourse, oral sex, masturbation and/or anal sex.

(8)Inmates who are serving sentences that would require them upon release to register as “sexual offenders” pursuant to R.I. Gen. Laws § 11-37.1-1 et seq. and the most recent version of RIDOC Policy 20.07 DOC, Notifying Offenders of their Duty to Register with Law Enforcement Agencies and Procedures for Community Notification, for specific offenses delineated therein are also prohibited from receiving materials that feature nudity.

(A)“Nudity”, means a pictorial depiction where male or female genitalia or buttocks and/or female breasts are exposed; “features” means that the item contains depictions of nudity or sexually explicit conduct on a routine basis or promotes itself based upon such depictions in the case of one-time issues.

(9)In addition, offenders whose crimes involved minors may be further restricted with respect to printed materials/publications. Child sexual abusers are additionally prohibited from ordering child- and family-oriented publications.

(10)If facility staff approved to review written materials, as forth in § 1.4.3(A)(5) of this Part are uncertain of the nature of an inmate’s crime or of the appropriateness of a specific publication, they consult the Director of RIDOC’s Sex Offender Treatment Program, who makes case-by-case determinations.

(11)The effect of which is to glorify or promote violence against men/women/children;

(12)The effect of which is to glorify or promote gang activities or racial, religious, or ethnic discord;

(13)Are not acceptable for regular mailing in the United States because they are “non-mailable material” under Federal law, military regulations, or USPS regulations.

(A)Prior to sending the publication elsewhere or destruction, the publication is given to the Central Office Warden for dissemination to all facility Investigators.

C.Outgoing Non-Privileged Mail

1.In addition to the General Guidelines specified above, the Director or designee may authorize the reading of outgoing non-privileged mail only when s/he has received specific information (reasonable suspicion) that a particular inmate’s mail contains information which is prohibited under this policy.

2.Where outgoing mail is read pursuant to this section, and prohibited information is found, the mail or relevant portion thereof may be confiscated. In addition, the inmate sending the mail is subject to disciplinary action.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2016-08-08 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/08/2016
• Amendment — effective from 2007-05-14 to 06/21/2010
• Amendment — effective from 2004-08-16 to 05/14/2007
• Amendment — effective from 2002-06-11 to 08/16/2004
• Periodic Refile — effective from 2001-12-28 to 06/11/2002

240-RICR-10-00-2 Religious Programs and Services

240-RICR-10-00-2 § 2.1 Authority

R.I. Gen. Laws § 42-56-10(22), Powers of the director.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.2 Purpose

To establish Departmental guidelines regarding religious services and programs within the facilities of the Rhode Island Department of Corrections (RIDOC) and provide a procedure for the supervision, under the direction of an institutional chaplain, of an inmate who wishes to deliver a sermon during a religious service.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.3 Policy

All inmates have the right to the free exercise of their religious beliefs and the liberty of worship according to the dictates of their consciences. However, the exercise of this right may be restricted for legitimate security reasons. Inmates are not denied personal contact with accredited representatives of their respective faiths nor are they denied the opportunity to deliver a sermon during a religious service after first obtaining permission from the institutional chaplain. An inmate may, at any reasonable time, make a request to have personal contact with a clergy representative of his/her faith. No inmate will be required or expected to attend any religious programs or services, or to adhere to any religious belief. An inmate may request a diet based on religious requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.4 Definitions

A.“Accredited representative” means clergy (defined in § 2.4(D) of this Part) authorized by the central or local governing body of a religious organization to represent that organization in performing religious programs and services.

B.“Approved visiting area” means an area so designated by the Warden or his/her designee where inmates and their visitors may conduct visits.

C.“Assistant Director/rehabilitative services” means Assistant Director for programs and treatment, RIDOC.

D.“Clergy” means an ordained or lay person officially authorized to perform pastoral or sacramental functions in a religious organization.

E.“Director” means the Director of Rhode Island Department of Corrections.

F.“Community religious volunteer” means any individual from the community, approved by the Assistant Director of Rehabilitative Services, who assists an institutional chaplain on a voluntary basis in the provision of religious programs or services in designated areas.

G.“Department” means the Rhode Island Department of Corrections.

H.“Institutional or volunteer chaplains” means clergy (defined in § 2.4(D) of this Part, above) who are contract employees of the Department of Corrections and who provide, facilitate and manage religious programs, services, and pastoral care to the inmates, staff, and families.

I.“Ordain” means to invest officially with ministerial or priestly authority which serves to provide religious services or education.

J.“Religious program” means a program which is religious in nature and which serves to provide religious education, practice, or expression.

K.“Religious service” means a meeting which is religious in nature and provides an opportunity for worship, fellowship, or congregational participation.

L.“Shift commander” means the officer who has overall responsibility for the security of the institution and the care and supervision of all inmates and custodial staff during a given tour of duty.

M.“Special visit” means any type of inmate visit which requires express authorization from the Warden or designee.

N.“Special visiting area” means any areas of the institution not usually used for visiting purposes which may be used for a particular inmate visit with the express authorization of the Warden or designee.

O.“Warden” means the Chief administrative officer of a correctional institution.

P.“Visiting clergy” means the Clergy (defined in § 2.4(D) of this Part) of a religious organization who is granted access to the institution, after consultation with the Assistant Director of Rehabilitative Services, and with approval of the Warden or designee, for a specified period of time and for the purpose of providing a service which is religious in nature.

Q.“Clergy-of-record” means the Clergy person designated by the inmate and approved by the Assistant Director of Rehabilitative Services. The Office of Rehabilitative Services verifies that said clergy person is an official representative of a religious organization as defined by the Federal Government’s classification in the Internal Revenue Services’ rules.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.5 Inmate Access to Religious Programs and Services

A.Space: All religious organizations have equal access to the physical space, equipment and services which the institution normally provides for religious purposes.

B.Security: No portion of this document will be interpreted or implemented in such a way so as to threaten the security, safety, or well-being of the institution, its visitors, inmates, or staff.

C.Limitation of Access: The Warden or designee may limit religious programs, practices, or services if such would threaten the security, safety, or well-being of the institution, its visitors, inmates, or staff, and where there are specific facts to substantiate the threat. Wardens with legal questions regarding the limitations of religious programs, practices, or services should contact the Department's Office of Legal Counsel. Documentation of all limitations of religious programs, practices, and services is forwarded by the Warden or designee, via Departmental memo, to the Assistant Director of Rehabilitative Services.

D.Cancellation of Programs and Services: The Warden or designee has the right, without notice, to cancel, postpone, restrict, or limit an inmate's participation in any religious program, practice, or service. This authority is exercised only if the religious activity, or the inmate's participation in the activity, might threaten the security, safety, or well-being of the institution, its visitors, inmates, or staff. Documentation of all cancellations, postponements, and/or restrictions is forwarded by the Shift Commander to the Warden or designee. The Warden or designee notifies the institutional chaplain of cancellations, postponements, restrictions and/or schedule changes in writing, including an explanation for each cancellation or change and forwards a copy to the Professional Services Coordinator.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.6 Supervision of Inmate Religious Programs and Services

A.It is the responsibility of the Assistant Director of Rehabilitative Services to coordinate and supervise all religious programs. All institutional chaplains responsible for any of the religious services and/or programs report to the Assistant Director of Rehabilitative Services or designee.

B.Inmate services and religious programs are scheduled, supervised, and directed by institutional chaplains in coordination with facility staff.

C.The services of an institutional chaplain are made available upon request at all institutions in accordance with this policy.

D.The institutional chaplains or designees are responsible for:

1.Scheduling, developing, coordinating, and implementing inmate religious programs and services provided by themselves or volunteers representing various religious faiths.

2.Establishing schedules, calendars, postings, or other methods of informing inmates and staff of existing and planned religious programs and services. Programs are planned in conjunction with the Assistant Director of Rehabilitative Services or designee.

3.Providing supervision of all religious programs, including but not limited to:

a.Recruiting, screening, and orienting prospective volunteers for religious programs and services;

b.Submitting the names of approved volunteers to the Internship/Volunteer Coordinator (Correctional Systems) to attend New Employee Orientation (NEO) at the Training Academy (see 1.05-1 DOC, Accountability and Procedures for the Utilization of Community Agencies; Employees of Outside Organizations; and/or Volunteers and 4.03-1 DOC, Orientation and Entrance Level Training for Non-Correctional Officer Employees, or successive policies);

c.Utilizing community religious volunteers.

4.Providing supervision to an inmate to whom the institutional chaplain has granted permission to deliver a sermon during a religious service. The institutional chaplain insures that:

a. The chaplain personally conducts the religious service;

b.The inmate delivering the sermon is allowed to attend religious services;

c.The inmate’s religious affiliation is the same as that of the service during which he/she delivers the sermon and this affiliation is documented in INFACTS;

d.The inmate is knowledgeable about the subject of his/her sermon;

e.The inmate’s sermon does not encourage racism, hatred, divisiveness, violence or threats to security;

f.A correctional officer is present when a Security Risk Group (SRG) Level I or II inmate delivers a sermon;

g.Inmates who wish to participate in the delivery of a sermon or other oration during a religious service have an equal opportunity to do so;

h.No one inmate is allowed to monopolize the sermon on a weekly basis; and

i.The name of the inmate who will be delivering the sermon is not posted on bulletin boards or advertised/broadcast in any way prior to the religious service.

j.Inmates who are allowed to deliver sermons are NOT considered or recognized as institutional chaplains or clergy. Staff may observe inmate sermons.

(1)Providing pastoral counseling and guidance to the inmate population and their families while they are in the institution and as they transition into the community.

(2)Providing religious services, programs, and activities in designated chapels to inmates who have access to those areas, and individualized services, programs and activities to inmates in segregated areas.

(3)Informing correctional staff of information regarding religious activities or practices that poses a risk or potential risk to the security and good order of the institution and/or risk of self injury or injury to others as said chaplains or designees become aware of this information.

(4)Working with the staff of the Assistant Director of Rehabilitative Services' office to develop resources and to provide advice on the expansion of religious programs.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.7 Range of Religious Programs and Services

A.Each facility makes reasonable efforts to establish and maintain religious activities and services for all inmates who are affiliated or wish to become affiliated with religious organizations. (See Definitions § 2.4 of this Part)

B.Clergy Services: The Warden or designee and the institutional chaplains make reasonable efforts to ensure that an accredited representative (See Definitions § 2.4 of this Part) of an inmate's religious faith is available to provide formal or informal services to inmates who so request wherever they are confined within the institution.

C.Religious Organizations: Religious organizations include, but are not necessarily limited to: Catholic, Protestant, Jewish, and Muslim faiths. An inmate who is affiliated with and wishes to participate in a religious organization not currently functioning at an institution should inform the Assistant Director of Rehabilitative Services or designee. The Assistant Director, in consultation with the institutional chaplains and other appropriate staff, makes reasonable efforts to arrange for the requested services.

D.Faith Specific Religious Meetings

1.Representatives of religious organizations may request to conduct religious meetings by submitting a written proposal to the Professional Services Coordinator.

a.The proposal must consist of a detailed description of the proposed meeting specifying the proposed date, time, facility, participants, including inmates, etc.

b.If the Professional Services Coordinator approves the proposal, all individuals participating in the meeting are subject to a security clearance (i.e., Bureau of Criminal Investigation [BCI] and National Criminal Information Center [NCIC]) and must complete the RIDOC Chaplaincy Volunteer Orientation Programs (see policy #1.05 DOC, Accountability and Procedures for Utilization of Community Agencies; Employees of Outside Organizations; and/or Volunteers, or successive policy).

2.The institutional chaplains are responsible for developing, maintaining (on a monthly basis) and issuing, through the Professional Services Coordinator, the schedule of religious services throughout the facilities and a roster of individuals authorized to conduct those services.

E.Religious Activities: Each religious organization is encouraged to plan its own activities using the appropriate community and institutional resources. Religious activities include, but are not necessarily limited to: worship services, religious instruction, reading and study, religious discussion groups, and pastoral counseling.

F.Dietary Requirements: Requests for dietary accommodations based on religion should be initiated by interested inmates and submitted to the Assistant Director of Rehabilitative Services’ office.

G.Where accommodations based on religion or religious holidays specify particular dietary requirements (e.g., Lent, Passover, Month of Ramadan), the Associate Director Food Services, in consultation with the appropriate institutional chaplain, makes special arrangements so that inmates are able to adhere to their religious beliefs, providing these special arrangements are not disruptive to the safety and security of the facility.

H.Space for Services: Religious organizations are provided a place for services. Based on security needs, the size of groups at services may be restricted if a determination is made of such a need by the Warden or designee.

I.Scheduling: To keep inmates and staff informed of religious program opportunities, institutional chaplains post religious program and service schedules in appropriate housing units. Institutional chaplains schedule religious programs and services in conjunction with the Wardens or designees.

J.Special Services: Special services such as Christmas, Easter, Ramadan and other religious holidays are scheduled with the approval of the Warden or designee. Schedules must be available to the Assistant Director of Rehabilitative Services and Assistant Director of Institutions and Operations at least two (2) weeks prior to the service.

K.Religious Publications: Inmates may have access to religious publications subject to institutional rules for access to publications in general. See Part 1 of this Subchapter, Inmate Mail.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.8 Access to Accredited Clergy

A.Clergy are allowed access to the correctional facilities under the conditions set forth in the visitor policy pertaining to professional visits (see Part 20-00-1 of this Title, Visits).

1.Normal and Special Visits: Clergy-of-Record visits may occur daily between 8:30 AM and 8:30 PM. However, under extenuating circumstances, special visits with clergy may be permitted for any reasonable purpose with the authorization of the Warden or designee.

2.One-Time Clergy Visits

a.Clergy interested in a one-time visit must contact the Office of Rehabilitative Services. This Office gathers all necessary information to conduct BCI and NCIC background checks (i.e., name, date of birth). The Office of Rehabilitative Services keeps a record of all one-time visit requests in order to monitor and verify visits by outside clergy. The appropriate institutional chaplain reviews the names and denominations of all clergy asking for a one-time visit.

b.The information necessary to conduct BCI and NCIC background checks is sent directly to the facility manager at the facility the clergy wishes to visit.

c.The facility manager or designee at the location where the visit will take place conducts BCI and NCIC background checks.

d.If no criminal record is found, the facility manager or designee notifies the Office of Rehabilitative Services who contacts the clergy with permission to visit. Visits may occur during normal business hours, not during an inmate’s regular visiting hours. If a criminal record is found, the Office of Rehabilitative Services is notified for appropriate action.

e.One-time visits are restricted to one visit per inmate. If a clergy person wants to make multiple visits, he/she must have the inmate request clergy-of-record status or be placed on the inmate’s visiting list if the inmate already has a designated clergy-of-record.

3.Special Visiting Areas: Clergy visits are normally held in approved visiting areas. However, if these areas do not provide the degree of privacy which the clergy person deems appropriate for the purpose of the visit, the clergy person may request a special visiting area be provided. The Warden of the facility or designee may identify any area of the institution as a special visiting area for clergy visits.

4.Total Institution Access: Clergy members are expected to remain within approved visiting areas whenever they are visiting inmates. However, institutional clergy members with blue badges are permitted access to all other areas of the institution used by the inmates (including living quarters and work areas), for any reasonable purpose.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.9 Community Participation in Inmate Religious Activities

A.General: The Department of Corrections actively encourages clergy and other members of religious organizations to become involved in inmate religious activities, subject to reasonable security precautions.

B.Special Events - Any special events involving one-time visits for the purposes of choir or observance of religious holidays are coordinated through the Assistant Director of Rehabilitative Services or designee in conjunction with the Warden or designee. All requests are to be made at least four (4) weeks prior to the event through the Assistant Director's office.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.10 Access of Religious Volunteers

A.Volunteers - Individuals who wish to become community religious volunteers contact the Assistant Director of Rehabilitative Services or designee and request volunteer status within the Chaplaincy Program. Prospective community religious volunteers must submit a letter requesting volunteer status, a letter of religious organizational support, and personal references. Prospective volunteers are interviewed by the institutional chaplaincy staff and, upon recommendation, are required to complete the RIDOC Chaplaincy Volunteer Orientation Program. All religious volunteers are subjected to background checks conducted by the Assistant Director of Institutions and Operations or designee. If a volunteer is on an inmate’s visiting list, s/he is not permitted to volunteer in the facility in which the inmate resides. (See policy 7.01-1 DOC, Accountability and Procedures for the Utilization of Community Agencies, Volunteers, Interns and/or Employees of Outside Public or Private Organizations, or a successive policy.)

B.Limited Access - When a community religious volunteer provides services in conjunction with a religious program (e.g., Bible study, Islamic study), or other activity, his/her access is limited to the needs of the religious program or activity.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-10-00-2 § 2.11 Access of Clergy-of-Record

A.Clergy-of-Record - If an inmate wishes to have a particular clergy person designated as his/her clergy-of-record, the inmate must request such designation through the Assistant Director of Rehabilitative Services via a letter. Upon receipt, the Assistant Director of Rehabilitative Services’ office forwards the information to the Assistant Director of Institutions and Operations office which conducts BCI and NCIC background checks and refers the name of the clergy person to the Institutional Chaplain's Office for verification as a representative of his/her religious organization.

B.At the point when the verification is completed, the individual is authorized to serve as the clergy-of-record and is allowed to visit daily between 8:30 AM and 8:30 PM. The clergy-of-record is added to the visiting list as a separate visit and does not displace family or other professional visits indicated on the inmate's visiting list. The clergy-of-record is permitted to be on more than one inmate's visiting list, but must visit inmates individually.

C.In cases where clergy are meeting in the approved visiting area on a pastoral visit, the regular visiting procedures are followed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-05-26 to 08/28/2018
• Amendment — effective from 2003-01-22 to 05/26/2008
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

Chapter 20 Access to Inmates and/or RIDOC Facilities

Subchapter 00

240-RICR-20-00-1 Visits

240-RICR-20-00-1 § 1.1 Authority

R.I. Gen. Laws § 42-56-10(22), Powers of the director; R.I. Gen. Laws § 42-45-18, Inmate Furloughs; Wood v. Clemons, 89 F. 3d 922 (1st Cir. 1996).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.2 Purpose

To establish rules and regulations governing visits at the Adult Correctional Institutions (ACI) of the Rhode Island Department of Corrections (RIDOC) which reflect not only the importance of prison visitation but also the need for security and order. To provide authorized visitors’ access to all public areas, services and programs.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.3 Policy

A.It is the policy of the Rhode Island Department of Corrections (RIDOC) to encourage inmates, in a manner consistent with sound security practices, to have regular social visits with relatives and other individuals in order to maintain close family ties and other positive relationships.

B.It is the policy of RIDOC not to routinely restrict visiting to specific persons such as inmates' relatives, friends, or prior acquaintances.

C.Minors must demonstrate they have the consent of their parent(s) or guardian(s) and must be accompanied by adults while visiting.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.4 Definitions

A.“Common law spouse”: In order to establish the existence of a common-law marriage, spouses are required to present two (2) different examples of the following documents.

1.A personal affidavit stating when and where you and your common-law spouse mutually agreed to become husband and wife; whether you were ever married, ceremonially or otherwise, to anyone else, and the details surrounding the end of any previous marriages (how they were ended, when and where); and any other details that will help to establish the existence of a husband and wife relationship.

2.Affidavits from other persons who know you and are familiar with your relationship, setting forth particulars such as the length of time you lived together, your address(es); whether there was any public announcement of your marriage; and whether your friends, neighbors, and relatives regard you as married.

3.Deed showing title to property held jointly by both parties to the common-law marriage.

4.Bank statements and checks showing joint ownership of the accounts.

5.Insurance policies naming the other party as beneficiary.

6.Birth certificates naming you and your common-law spouse as parents of your child(ren).

7.Employment records listing your common-law spouse as an immediate family member.

8.School records listing the names of both common-law spouses as parents.

9.Credit card accounts in the names of both common-law spouses.

10.Loan documents, mortgages, and promissory notes evidencing joint financial obligations of the parties.

11.Mail addressed to you and your common-law spouse as “Mr. and Mrs.”

12.Any documents showing that the wife has assumed the surname of her common-law husband.

13.Church records indicating familial status, including membership information, baptismal certificates of the parties’ child(ren), Sunday school registration forms, etc.

B.“Immediate family”: for purposes of this policy, immediate family is defined as a parent, spouse [including common-law (see definition above)], child, step-child, brother, step-brother, sister, step- sister, grandparent, grandchild, aunt and uncle.

1.Exception: If a visitor is an ex-inmate, immediate family is then defined as parent, spouse [including common-law (see definition above)], brother, sister, grandparent, child and grandchild.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.5 Applicability

This policy applies to all employees, inmates at all RIDOC facilities, and visitors not covered by other policies (e.g., the most recent versions of Public Information/Media Access, Part 2 of this Subchapter; Access to Institutional Facilities by Attorneys and Their Agents, Part 3 of this Subchapter; Religious Programs and Services, Part 10-00-2 of this Title).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.6 Departmental Standards for Visiting Rules and Procedures

A.Wardens shall establish the number of days and hours that visiting is permitted, the length of a single visit, the number of weekly visits per inmate, and the number of persons who may visit an inmate simultaneously.

B.Each facility's visiting rules and procedures provide each inmate at least three (3) visiting periods per week for inmates who are NOT on Administrative Restricted Status.

C.The facility visiting periods shall be at least one and one-half (1½) hours in length.

D.Smoking is prohibited in all facilities' visiting areas, consistent with Rhode Island State Law and Departmental policy (See the most recent version of RIDOC Policy #8.08 DOC; Smoking and Tobacco Regulations). All use of tobacco products is prohibited within any and all buildings and property under the control of RIDOC.

E.Each Warden determines the degree of informality during visits, consistent with the facility's overall security requirements.

F.Visiting rules and regulations for inmates shall be posted in each block or living unit of the facility and shall include, but not be limited to, visiting hours and dress code.

1.In addition, copies of this policy, Visitor Dress Code (§ 1.17 of this Part), and corresponding facility-specific procedures shall be posted in English and Spanish in facility visiting waiting rooms.

G.Each Warden ensures transportation schedules for public transportation are posted in a conspicuous location at the entrance or lobby of his/her facility.

H.Each Warden ensures that a sign is prominently displayed stating “Vehicles on RIDOC Property are Subject to Search”.

I.All facility visiting rules shall be enforced.

J.Consistent with the Department’s Code of Ethics and Conduct, Departmental employees will treat visitors to RIDOC fairly, politely, and in a professional manner.

1.Visitors wishing to file/submit complaints regarding treatment by RIDOC staff should submit them in writing to the facility Warden/designee.

2.The Warden/designee will advise the visitor of his/her findings in writing.

K.In addition to items §§ 1.6(A) through (J) of this Part above, the following basic rules and regulations pertain to all facilities of RIDOC which allow contact visits:

1.Inmates in disciplinary segregation are authorized visits with attorneys and clergy only.

2.Visitors who have not cleared background investigations (i.e., both BCI and NCIC checks) are not permitted to visit unless specifically approved by the Assistant Director of Institutions and Operations (“ADIO”) or designee.

3.Immediate family members may only be granted visits with the approval of the ADIO/designee if they:

a.Have a felony criminal record

b.Have a pending criminal charge

c.Are currently on probation for a misdemeanor or felony charge

d.Are currently serving a deferred sentence for a misdemeanor or felony charge

4.Any visitor who is not an immediate family member (as defined in § 1.4(B) of this Part) may only be granted visits with the approval of the ADIO/designee if they:

a.Have a felony record

b.Have a pending criminal charge

c.Have pled nolo contendere to, or been convicted of, a misdemeanor

d.Are currently on probation for a misdemeanor of felony charge

e.Are currently on deferred sentence for a misdemeanor or felony charge

(1)It is at the Warden’s/designee’s discretion to grant visiting privileges to a visitor who is not an immediate family member (as defined in § 1.4(B) of this Part) and has a misdemeanor record.

(2)Exceptions to other categories listed above may only be granted by the ADIO/designee.

(3)S/he will consider factors including, but not necessarily limited to, nature of the felony and age of the criminal record, nature of the pending charge(s), and/or nature of the offense for which the visitor is currently on probation or deferred sentence.

(4)In the event the visitor is a co-defendant, visits will only be allowed with the inmates’ attorney present, at a designated time, to be arranged by the attorney in consultation with the Warden/designee.

5.The following restrictions apply to ALL visitors:

a.Pending charges: Visits will be limited to once per month.

(1)Exception: In the event the visitor is a co-defendant, visits will be allowed with the inmates’ attorney present, at a designated time, to be arranged by the attorney in consultation with the Warden /designee.

b.Felony Convictions: Visits, if granted, will be limited to once per month until the visitor has demonstrated he/she was a law-abiding citizen for three (3) consecutive years. This may be demonstrated in one of two ways:

(1)His/her (latest) felony conviction is more than three (>3) years old (if not incarcerated for this felony conviction); or

(2)He/she was released from incarceration (at RIDOC or any other correctional jurisdiction/institution) at least three (3) years ago.

c.The once-per-month restriction will be lifted following the three (3) year period.

d.Such visitors are subject to all other rules and regulations, search procedures, and registration requirements as outlined for each facility.

6.Visitors must show proper photo identification (ID) upon request, such as valid driver's license, valid military ID, passport, or valid IDs issued by the Departments of Transportation, Elderly Affairs or Administration, Division of Motor Vehicles.

a.Social security cards and Welfare IDs are NOT considered proper forms of identification. Birth certificates are acceptable for visitors under 18 years of age only.

7.Visiting occurs in designated visiting areas only.

8.No detours will be made, and visitors will not stop along the way to talk to anyone unless so instructed by authorized personnel.

9.Inmates’ attorneys may visit inmates as frequently as necessary for the purpose of assisting their clients. (See the most recent version of Access to Institutional Facilities by Attorneys and their Agents, Part 3 of this Subchapter.)

a.Similarly, clergy may visit with inmates, provided, however, such visits are coordinated through RIDOC’s Chaplaincy Program, consistent with Part 10-00-2 of this Title, Religious Programs and Services

10.If possible, attorney and clergy visits are to take place during normal visiting hours. However, they will be accommodated outside normal visiting hours as well.

11.Kissing and embracing (of short duration) are limited to the commencement and completion of the visit.

12.Inmates’ and visitors’ hands are to be on or above the table at all times.

13.No food may be brought into the facility (exceptions: Minimum Security/Work Release; however, drinks are not allowed at Minimum Security/Work Release).

14.Visitors will neither give articles to nor accept articles from inmates.

15.Inmates are not allowed to use vending machines.

16.No item will be accepted from a visitor for an inmate unless it has specifically been approved by the Warden/designee.

17.RIDOC’s standard Visitors Dress Code may be found in § 1.17 of this Part, Visitors Dress Code. Additional dress requirements may be developed by facility Wardens.

18.Visitors and inmates will refrain from using loud, abusive, and obscene language.

19.Inmates and adult visitors are responsible for the behavior of children. Children must be supervised and cannot run or play loudly.

20.Departure from the Visiting Area by either the inmate or the visitor terminates the visit, except when:

a.A visitor must leave the Visiting Area to use the restroom. A visitor who leaves the Visiting Area to use the restroom must pass through the metal detector again before re-entering the Visiting Area.

b.If there are two (2) adult visitors and one of them leaves the Visiting Area for any reason other than to use the restroom, the inmate may remain in the Visiting Room until the second visitor leaves.

21.Inmates and visitors are subject to searches of their persons and effects.

22.All inmates are responsible for adhering to the specific visiting rules established in the facilities in which they reside. These rules are posted in each facility and are communicated to inmates upon commitment to the facility. The following general visiting rules apply to all inmates:

a.Notification of Visit: All inmates will report directly and promptly to the Visiting Room when notified of a visit. Facility staff will not search for inmates who are not in designated locations.

b.Inmate Search Procedures

(1)Prior to Commencement of Visits: All inmates entering the Visiting Room are subject to frisk- and/or strip searches prior to the commencement of visits.

(2)Following Visits: All inmates are subject to strip searches following visits.

(3)Inmate strip searches mentioned in §§ 1.6(K)(22)(b)((1)) and ((2)) of this Part above include following visits from attorneys and clergy who are NOT staff members of RIDOC.

(4)All searches shall be in accordance with the most recent version of RIDOC Policy #9.14 DOC, Detecting Contraband on or in the Possession of Inmates/Detainees (including Frisk, Strip and Body Cavity Searches) or in Inmate Transport Vehicles.

23.Any inmate who has been charged with or convicted of any sexual crime involving a minor (to include child pornography) is not allowed to have minors sitting next to him/her or sitting on his/her lap at any time during visits, to include the child(ren) of the inmate.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.7 Visiting Lists – Awaiting Trial (“A&T”) Population

A.Intake Service Center (Men)

1.Male inmates confined to the Intake Service Center (ISC) may have visitors placed on their visiting lists in either of two (2) ways:

a.The visitor may call the facility to ask when he/she may visit the inmate or he/she may simply arrive at the ISC.

(1)He/she must present required identification to the Reception Officer.

(2)The Reception Officer conducts a background check (BCI) on the prospective visitor.

(3)If the visitor clears the BCI check, he/she will be allowed a one-time courtesy visit.

(4)The Superior Officer conducts a NCIC check on the visitor within thirty (30) days of the initial visit. If the visitor passes the NCIC check, the Superior Officer places him/her on the inmate’s visiting list.

2.An inmate may complete a visitor request form asking for an individual to be placed on his visiting list.

a.Such requests are forwarded to the assigned Superior Officer responsible for visits.

b.The Superior Officer or designee conducts background checks (BCI and NCIC) on the prospective visitor.

c.If the visitor clears the BCI and NCIC check, he/she is placed on the inmate’s visiting list and allowed to visit on the appointed day and time.

B.Gloria DiSandro McDonald Building (Women)

1.A & T Counseling staff provide instruction to inmates on completing BCI and NCIC request forms for adding individuals to their visiting lists.

2.Inmates utilize interoffice mail to send the forms from the A & T wing to a designated custody staff member.

3.The responsible staff person (usually a Utility Officer) conducts background investigations (both BCI and NCIC) on prospective visitors. This process usually takes between one and three days following receipt of the request.

4.Individuals who pass the background investigations (BCI and NCIC) are allowed to visit during the inmate’s assigned visiting period.

5.Immediate family members who report to the facility with proper identification, but who are not on an inmate’s visiting lists, may be allowed a one-time courtesy visit with the inmate.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.8 Visiting Lists – Sentenced Population

A.When an inmate transfers from Awaiting Trial to sentenced population [Admission & Orientation (A & O)], the existing visiting list (which originated in the intake facility) transfers with him/her.

B.It is the responsibility of the receiving facilities to verify both BCI and NCIC checks have been conducted on visitors whose names appear on visiting lists that originated in either of the intake facilities.

C.During A & O, inmates have the opportunity to add to their visiting lists, up to a total of nine (9) persons, which is the maximum number of visitors allowed the sentenced population at all facilities, except that up to two (2) additional names that pass BCI/NCIC checks will be allowed on the visiting list beyond the normal nine (9), limited to mail money deposits only.

1.The maximum number of visits (9) has been determined to be manageable given the visiting space available in each facility, the time element, costs, and staff involved in performing BCI and NCIC investigations, and visiting history of the "average" inmate. As is the case in Awaiting Trial, mothers and fathers are counted as one, and minor children are not counted, but are allowed to visit.

D.The inmate shall give a list of prospective visitors (including full names, addresses, dates of birth and relationships) to the Housing Officer or A&O Counselor to forward to the Reception Desk Officer, who conducts BCI and NCIC investigations.

1.When a background (BCI and/or NCIC) check reveals more than one individual with the same name and date of birth, the prospective visitor may be asked for his/her social security number in order to facilitate the investigation.

2.The facility Administrator designates (a) specific staff member(s) who is/are responsible for adding to the visiting list the names of those individuals who clear BCI and NCIC investigations.

3.The names of those individuals who do not clear BCI and/or NCIC investigations are forwarded to the ADIO/designee. He/she makes a determination as to whether or not they will be allowed to visit.

E.No prospective visitor is allowed entrance into a facility until he/she is cleared by BCI and NCIC or approved by the ADIO/designee. The Visiting Room Officer may clear a visitor who has no criminal record. The facility Warden may clear a visitor who has a minor criminal record. A visitor who has more than a minor criminal record or requires other special consideration must be cleared by the ADIO.

F.Each Warden/designee assigns (a) specific staff member(s) to maintain a list of approved visitors. Generally, the responsible staff member is the Reception Desk officer. However, the Warden/designee may alter this designation, at his/her discretion.

G.Visits with approved individuals shall commence on the inmate's next scheduled visiting day.

H.Inmates may delete persons from their visiting lists via Request Forms ("pink slips") only. Additions to visiting lists are accomplished through Counselors or procedures established in each facility.

1.Under normal circumstances, requests to remove individuals from visiting lists are initiated by inmates. Exceptions may be granted (i.e., a visitor may request removal of his/her name from an inmate’s visiting list) by the Warden/designee. When a visitor is removed from one inmate’s visiting list, s/he must wait thirty (30) days before being added to another inmate’s visiting list unless approved by the Warden.

I.When an inmate comes directly into A & O or is court-ordered to a specific facility without first being detained at the ISC, he/she is given an opportunity to develop a visiting list during the A & O process.

J.Visitors may only appear on one (1) inmate's visiting list without the approval of the Director or ADIO. The only exception is where the visitor is an immediate family member of more than one (1) inmate confined at the ACI. In this event, the visitor may be placed on each of the inmate's visiting lists. If the inmates are in the same facility and on the same visiting schedule, the Warden/designee may allow the visitor to visit more than one (1) inmate at a time.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.9 Request for Reasonable Accommodation under the Americans with Disabilities Act (“ADA”)

A.A member of the general public may request information or make a request for an accommodation under the ADA by contacting the Facility ADA Coordinator (i.e., Deputy Warden). A request for information or an accommodation may be made verbally or in writing.

B.A request for accommodation is the first step in an interactive process between the individual and the ADA Coordinator to clarify the individual’s request and to identify the appropriate reasonable accommodation. When the disability is not obvious, reasonable documentation of the disability will be requested. Reasonable documentation is information necessary to establish that an individual has a disability that is an ADA qualified disability, nothing more. If the individual refuses to provide reasonable documentation, their request cannot be processed and a determination under ADA cannot be assessed.

C.Upon receipt of the necessary documentation the individual and the ADA Coordinator will confer to determine what accommodation(s) would be most effective and reasonable. Reasonable accommodations may include modifications or adjustments that enable individuals to enjoy benefits and privileges equal to those provided to individuals without disabilities. Final determination of an accommodation and/or its reasonableness is made by RIDOC.

D.All information acquired throughout the process of making an ADA determination will be maintained in a separate ADA file. Only personnel involved in making the reasonable accommodation, and/or assisting in the implementation of the accommodation will have knowledge of the request.

E.When a visitor believes that he/she has been subject to disability discrimination, they shall have the right to report it to RIDOC for prompt investigation and appropriate actions.

F.In submitting a request, complaint or grievance involving a disability issue care should be taken to state specific facts including: person or persons involved, structure/barrier involved, the date, time, and place of occurrence, what was done or said, and the names of any witness(es) present.

G.Any person who is uncertain how to request disability accommodations or report complaints of disability discrimination may contact the RIDOC ADA Coordinator or the Governor’s Commission on Disabilities at (401) 462-0100.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.10 Visitor Registration and Search Procedures

A.Approved visitors shall report to the appropriate facility's Reception Desk on the scheduled visiting day and properly sign the Visiting Register. The Register shall include visitors' names, addresses, and relationships to inmates, as well as purpose of the visits, inmates' names, and current date and time, and should include minor children.

B.Visitors shall present proper photo identification to the Reception Desk Officer. He/she shall ensure visitors' names appear on the approved visiting list and that specific inmates are, in fact, scheduled for visits on that day. Once this information is verified, visitors are allowed to proceed.

C.ALL visitors must submit to a BCI/NCIC check to determine whether the visitor has a criminal record and/or outstanding warrant.

1.If the BCI/NCIC check does not reveal an active warrant or other disqualifying reason for disallowing the visit, the Reception Desk Officer allows the visitor to enter the Visiting Room.

2.If the BCI/NCIC check reveals an active warrant, the Reception Desk Officer will:

a.Notify the visitor of the active warrant.

b.Contact the RISP to determine if the warrant involves a violation only (as opposed to a misdemeanor or felony). Only visitors with outstanding warrants for offenses for which incarceration is a possible sanction are detained.

c.If the offense is one for which incarceration is a possible sanction, detain the visitor until he or she is taken into custody by RISP or other appropriate law enforcement officials.

d.If the offense is not one for which incarceration is a possible sanction, release the visitor.

3.Visitors are subject to background re-checks (BCI and NCIC) as determined by the Warden/designee(s).

D.ALL visitors are required to successfully pass through the metal detector before gaining entrance into a facility.

E.Visitors may be required to submit to a mechanical search (hand frisker or metal detector), pat search (conducted by a correctional officer of the same sex), and/or search using narcotics detection equipment at any time.

F.Each Warden ensures that the following notifications are conspicuously posted in the lobby or other entrance (to appear in English and Spanish):

1."ALL VISITORS ARE SUBJECT TO SEARCH. THIS SEARCH MAY INCLUDE A VISUAL INSPECTION OF THE VISITOR’S OPEN MOUTH".

2.“A BCI/NCIC check will be conducted to reveal criminal history and/or outstanding warrants and those outstanding warrants may lead to detention and arrest.”

G.Visitors who are unable to clear the metal detector may be asked to remove and submit outer articles of clothing that may cause a high reading to a staff member for examination. Refusal to comply results in denial of the visit.

H.A visitor who is denied entrance or asked to leave is told the reason for such action, except when it is deemed that to specify the reason may jeopardize security interests or the safety of any individual.

1.Where the problem is something that clearly can be remedied, the visitor may be told he/she may return to the facility at some specified time in the near future (for example, once he/she has proper identification or is appropriately dressed). In cases where this is not applicable, the visitor is told to contact the Warden before returning to the facility.

2.The officer(s) responsible for denying entrance or terminating a visit shall, except where such denial or termination is based on prior order of the Warden, file an incident report with the Warden prior to the end of the shift. This report includes the names of the visitor and the inmate-visitee, the time of denial or termination, the reason(s) for denial or termination, and whether the visitor has been informed he/she may return at some specified time in the near future or upon satisfaction of some condition.

I.Warden's Review: The Warden/designee promptly reviews all visitor incident reports and conducts a factual investigation, to include contact with the person who has been denied visiting privileges. After such review, and within one week of receipt of the incident report, the Warden does one of the following:

1.In a case where the visitor has been told he/she may return to the facility at some specified time or upon the satisfaction of a stated condition, the Warden takes no action, thus allowing the resumption of visits to occur.

2.The Warden notifies the visitor he/she may return to the facility to resume visiting.

3.The Warden notifies the visitor in writing that he/she may resume visiting under specified conditions.

4.The Warden notifies the visitor in writing that visiting privileges are suspended for a specified period, up to one (1) year, and that he/she may reapply for admission at the end of the period or that readmission will be automatic.

a.The written notice shall contain a statement of the reason(s) for the Warden's action, except when in his/her opinion specifying the reason(s) may jeopardize security interests or the safety of any individual. A copy of each such notice is sent to the ADIO/designee, and a copy is given to the inmate who is visited by the individual.

5.Every Warden's written notice, described in §§ 1.10(H)(3) through (4) of this Part, shall advise the visitor that he/she may seek a review or reconsideration of the barring, suspension, or restrictions by the Warden by sending him/her a letter within fifteen (15) working days.

a.The visitor's letter should include a detailed narrative describing the incident and setting forth the reason(s) the visitor feels the bar, suspension, or restriction should be lifted.

6.The Warden reviews any visitor's letter and normally responds within two (2) weeks to a letter seeking review or reconsideration of any bar, suspension, or restriction still in effect.

7.The Warden may take any action he/she deems necessary to resolve questions raised by a visitor's letter including, but not limited to, additional investigation of the facts; consultation with the ADIO, Department's Legal Counsel; or conducting an informal meeting. After his/her review, the Warden may eliminate, reduce, or modify the specific limitation on visiting. No person is penalized for exercising his/her rights of appeal provided by these regulations.

8.Before the Reception Desk Officer excludes a professional visit, the Warden, Deputy Warden, or Shift Commander is consulted. The person so consulted speaks with the ADIO/designee regarding professional visits prior to any bar. The Warden then makes the decision as to whether exclusion is appropriate. Within fifteen (15) working days of any such exclusion, the Warden takes any of the actions listed in the section entitled "Warden's Review". In addition to the right to seek reconsideration or review by the Warden, the attorney or official may immediately appeal any exclusion to the Director/designee.

9.This Department's Inmate Facility Tracking System (INFACTS) includes information relative to barred and suspended visitors. Wardens ensure this information is entered accurately and in a timely manner. Whenever an inmate whose regular visitor is suspended is transferred to another RIDOC facility, the visitor may apply to the Warden of the receiving facility for permission to visit. The Warden of the receiving facility may allow the visit or deny visitation for a period not to exceed the original suspension.

10.Drug-Related Offenses by Inmates: An inmate's behavior within the facility may affect his/her visiting status. Any offense that is drug-related may result in an inmate's visiting privileges being suspended for a period of time. Refer to the most recent version of RIDOC Policy #11.01 DOC; Code of Inmate Discipline for specific information.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.11 Removal or Suspension from Visiting Privileges

A.Visitors who violate any State Law, Departmental policy, facility specific rules and/or procedures, or pose a threat to the security of the facility may be suspended or removed from visiting privileges. Correctional staff shall immediately report such infractions to the Warden/designee.

B.Any visitor apprehended trying to convey contraband into the facilities, including external perimeter grounds of RIDOC and/or vehicles assigned to RIDOC, shall be subject to criminal prosecution in accordance with R.I. Gen. Laws § 11-25-14.

C.Nothing in these regulations in any way impairs the Warden's or the ADIO’s authority to exclude a visitor whenever, in their opinion, allowing that person to visit would be injurious to the best interests of the facility.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.12 Inmate Visitation by Former RIDOC Employees

A.Former employees are not allowed visitation privileges within the Department if they were dismissed or resigned under the following circumstances:

1.Indulging in undue familiarity with inmates over whom they had decision-making authority.

2.Discussing personal matters with an inmate(s) verbally or in writing.

3.Borrowing anything from or lending anything to an inmate.

4.Accepting gifts or personal services, bartering or trading with any inmate, inmate family member, or visitor. This includes cards, letters and telephone calls.

5.Conveying drugs or contraband.

6.Using their knowledge of the prison system to circumvent policy.

7.Other acts of misconduct, including, but not limited to, personal behavior that undermines security or corrective treatment.

B.Such former employees receive written notification from the Office of Inspections specifying the reason(s) for denying visits.

C.Requests for visitation by former employees who resign under circumstances other than those listed in §§ 1.12(A)(1) through (7) of this Part, as well as requests made by former contract employees, former volunteers and any other former service providers, are reviewed by the Office of Inspections.

1.Requests should be made in writing and submitted to the Office of Inspections, which notifies the Warden of the affected facility.

2.Anyone aggrieved by an adverse decision of the Office of Inspections may make a written request for reconsideration to the Director of Corrections or designee.

D.These guidelines are not intended to restrict visiting privileges of former employees or other service providers who may have immediate family members who are incarcerated.

1.However, RIDOC’s Code of Ethics and Conduct prohibits the development of relationships between correctional employees and members of the inmate population that cross professional boundaries.

2.Consequently, former RIDOC employees who met and developed personal relationships with inmates over whom they had decision-making authority during the course of their employment are prohibited from visiting.

E.A master list of former employees not allowed visiting privileges is maintained (i.e., developed and kept up to date) by the Office of Inspections and distributed to the Wardens.

1.Requests for exceptions may be made in writing and submitted to the Office of Inspections, which notifies the Warden of the affected facility.

2.As stated above, anyone aggrieved by an adverse decision of the Office of Inspections may make a written request for reconsideration to the Director of Corrections or designee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.13 Inmate Visitation by Current RIDOC Employees

A.When a current RIDOC employee wishes to visit an incarcerated inmate, he/she must:

1.Inform his/her immediate supervisor; and

2.Obtain approval from the affected facility’s Warden/designee. The Warden/designee considers such requests on a case-by-case basis and communicates his/her decision to the:

a.current employee who wishes to visit; and

b.affected facility’s Reception Desk Officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.14 Special Visits

A.The following categories represent circumstances and procedures for allowing special visits, beyond the normal visiting program as outlined in this policy.

1.Visits to Hospitalized Inmates

a.Visits to inmates at outside hospitals by other than clergy-of-record and attorney- of-record are not permitted unless the visitor(s) is an immediate family member AND:

(1)the inmate has been diagnosed as terminally ill;

(2)death is imminent; and/or

(3)the period of hospitalization exceeds one (1) week.

(AA)Exception: Female inmates who give birth and are hospitalized may receive a visit from immediate family members (including common law spouses) who are on the approved visiting list. Such visits must be pre-approved by the Warden or his/her designee.

b.The ADIO may approve visits to hospitalized inmates under “special circumstances”, not specified above, on a case-by-case basis, as he/she deems appropriate.

c.Approved Visiting Lists

(1)While at an outside hospital, sentenced inmates’ visits are limited to immediate family on approved visiting lists.

(2)Immediate family may also visit hospitalized inmates who are on Awaiting Trial status, and not housed at the intake facility long enough to receive visits and establish approved visiting lists.

(3)Visitors shall present proper photo identification to correctional staff. He/she shall ensure visitors’ names appear on the approved visiting list and that specific inmates are, in fact, scheduled for visits on that day. Once this information is verified, visitors are allowed to proceed.

d.Visiting Hours for inmates confined at outside hospitals are from 1:00 p.m. to 3:00 p.m., Monday through Friday.

(1)No Saturday, Sunday or evening visits are allowed.

e.Hospitalized inmates are not allowed more than two (2) visitors at any time. If hospital authorities request that only one visitor be allowed at a time, this more restrictive rule will be followed.

f.Terminally Ill Inmates: Exceptions to established limitations (times, frequency and number of visitors) may be made for inmates who are diagnosed as terminally ill. Any exceptions must be approved by the appropriate manager (i.e., Warden/designee) prior to the visit.

g.No items may be brought in by visitors.

h.A hand-held metal detector is used to search all visitors. FAILURE TO COMPLY RESULTS IN DENIAL OF VISIT.

(1)All visitors are required to sign a “Visitor Consent to Search Form”.

i.Visitors are not allowed to sit or lie on inmates’ hospital beds.

j.Professional Visits: Inmates’ clergy-of-record and attorneys-of-record may visit at any time during an inmate’s hospitalization.

k.A search of the inmate’s person, bed area and room is conducted after the termination of any hospital visit.

l.Rules and Regulations for Hospitalized Offenders and Their Visitors: The Correctional Officer at the hospital reviews these regulations with the visitor(s). A copy will be given to the inmate once he/she has signed the form, unless because of his/her illness/injury, he/she is unable to sign.

2.Long Distance Visits:

a.Occasionally an inmate's family member or friend who is not on the approved visiting list may travel a long distance to visit, but arrive at a time and/or day NOT scheduled as a visiting period for that particular inmate. In such instances, approval to visit may be granted by the Warden/designee of the facility on a case-by-case basis.

b.Any distance exceeding a radius of seventy-five (75) miles from Cranston, Rhode Island, is considered long distance for visiting purposes.

c.Long distance visits are limited to four (4) “instances” per calendar year.

(1)For example, if a visitor arrived from California for a 2-week stay, he/she could visit more than once during that 2-week period. His/her multiple visits would count as one (1) “instance”.

(2)Likewise, if that same visitor visited only once during his/her 2-week stay that single visit would also be considered one “instance”.

d.However, if the long distance visitor is remaining in the area and wishes to visit again, all subsequent visits will occur on the inmate’s regularly scheduled visiting days/times.

e.The long distance visitor is subject to the same rules and regulations as regular visitors (e.g., BCI and NCIC checks).

f.Arrangements are made by the Shift Commander to accommodate the visit, after approval of the Warden/designee.

g.Time allowed for such visits is at the discretion of the Warden/designee, based upon security and scheduling constraints (counts, feedings, etc.)

3.Administrative Restricted Status Inmates

a.If an inmate’s conduct requires closer supervision, his/her movement is more restricted than that of general population inmates and he/she may be temporarily placed on Administrative Restricted Status.

(1)Inmates placed on Administrative Restricted Status are allowed one (1) visit per week.

(2)In some cases these visits may be “non-contact,” meaning the visit is conducted via telephone and the inmate is separated from the visitor by a glass security panel.

b.All Administrative Restricted Status visits are held in an area approved by the Warden/designee.

c.Administrative Restricted Status visiting periods do not exceed one (1) hour and fifteen (15) minutes.

d.All visitors of Administrative Restricted Status inmates are subject to the facility’s rules and regulations.

e.Administrative Restricted Status inmates’ attorney-of-record and clergy-of-record may visit consistent with RIDOC policies cited in § 1.5 of this Part. However, advance notification should be given whenever possible.

4.Professional Visits: Attorneys and their agents’ (law students, paralegal, legal assistants, investigators, and interpreters) visits are not covered by this policy. See the most recent version of Access to Institutional Facilities by Attorney and Their Agents, Part 3 of this Subchapter, for access by attorneys and their agents. Other professionals, as defined below in § 1.14(A)(4)(a) of this Part, who in the course of performing their official duties must visit individual inmates, are allowed to visit said inmates at any time during the normal working day.

a.Professional visits include clergy-of-record (see Part 10-00-2 of this Title, Religious Programs and Services), law enforcement officers, social workers, community health care workers (including psychiatrists), or others approved by the Warden.

b.Occasionally, and with permission of the Warden, professional visitors may be allowed to visit at times not generally considered as part of the normal workday, provided advance notice is given.

(1)These exceptions are granted to accommodate the professionals' time schedules and need to interact with inmates.

c.In all cases of professional visits, the professional and the inmate are allowed to visit in an area other than the normal Visiting Room, and they are afforded privacy (i.e., while they may be observed by correctional staff, their conversations may not be monitored).

(1)The Warden of each facility designates an area to be utilized for visits by lawyers, clergy, etc.

d.All professional visitors are subject to the same rules and regulations as regular visitors.

e.No individual (including law enforcement officers entering the facilities for the purpose of interviewing a particular inmate) is ever allowed to enter while in possession of a firearm or other weapon.

(1)All weapons shall be properly cleared and checked at the facility's Control Center or gun locker, where provided, prior to entrance.

f.Professional visitors may be excluded from visiting only for good cause and per order of the Warden, or in his/her absence the Deputy Warden, or the ADIO. (Reference § 1.10(H)(8) of this Part)

g.Family members who are also clergy-of-record may be approved for an emergency clergy visit outside or regular visiting hours when authorized by the Warden/designee.

(1)When visiting as a family member they are authorized to visit during established visiting hours.

5.Protective Custody (PC) Inmates: Individuals in Protective Custody status are afforded the same visiting privileges and are subject to the same visiting rules and regulations as the general population of the facility in which they reside.

6.Extended Visits: The Director and/or designee may authorize extended visiting privileges, other than normal visits on facility grounds, consistent with existing Departmental policies and/or programs/practices.

7.Consular Visits: If it has been determined that an inmate is a citizen of a foreign country, the Warden must permit the consular representative of that country to visit on a matter of legitimate business.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.15 Temporary Suspension of the Visiting Program

A.Recognizing the importance and benefits of the visiting program, every effort is made to ensure its normal continuation and operation. There may be times, however, when circumstances arise which could lead to a temporary suspension of the visiting program at a particular facility or system-wide.

1.In the event of an emergency situation, such as a major employee job action, inmate disturbance, lockdown, severe weather, or other such serious event, the Warden or his/her superior are the only individuals authorized to suspend the visiting program.

2.Whenever the visiting program is suspended, either at a particular facility or system-wide, every attempt is made to notify the general visiting public of the suspension via the major news media outlets, as well as subsequent information related to the resumption of the program.

a.During an extended period of suspension, a special telephone number is designated and staffed to provide information concerning the suspension and resumption of the visiting schedule.

b.Every attempt is made to resume the visiting program as quickly as possible within the mandates of facility security and control.

B.The Warden or his/her superior resumes the visiting program as soon as possible, following the resolution of the emergency or situation that prompted its suspension.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.16 Facility-Specific Visiting Rules and Procedures

A.The general philosophy, policy and procedures contained herein apply to all facilities comprising RIDOC.

B.Each Warden, subject to the review and approval of the ADIO, develops written visiting rules and procedures, tailored to his/her facility, which are consistent with the Departmental standards contained in this policy.

1.The Warden also ensures a 1-page “visitor information” sheet is prepared and available to visitors at the Reception Desk along with copies of the Visitors Dress Code, § 1.17 of this Part.

C.Facility-specific visiting rules shall be submitted to the ADIO within sixty (60) days of receipt of this policy.

D.At a minimum, facility-specific rules and procedures are consistent with Departmental policy for visitation and address the following:

1.Specific hours of the day and days of the week when visiting is permitted;

a.The visiting schedule is regulated by each facility’s scheduling, space and personnel constraints to ensure normal and orderly operations.

2.Limitations on the number of weekly visits an inmate may have;

3.Limitations on the duration of a single visit;

4.Limitations on the number of persons allowed visiting an inmate at any one time;

5.When an inmate is unavailable for a visit, the Reception Desk Officer informs the visitor of the reason(s) for the inmate’s unavailability and when he/she is likely to be able to resume visits.

a.Example #1: Inmate John Doe is currently in disciplinary confinement and, therefore, cannot visit. However, he is scheduled to be released from disciplinary confinement in ten (10) days. He should be able to resume visits on Month/Day/Year.

b.Example #2: Inmate Jane Doe is out at a clinic appointment and, therefore, unavailable to visit. She should be able to visit on her next scheduled visiting day – Month/Day/Year.

6.Procedure for checking personal effects before entering the visiting area;

7.Procedure for conveying parcels and funds to inmates;

8.List of articles which visitors may carry into or out of the facility;

a.Visitors are prohibited from bringing tobacco products and/or accessories, e-cigarettes and their components into any facility.

b.Jewelry (other than wedding bands, engagement rings, and/or medical alert items) is prohibited in all facilities.

c.Money should be specifically addressed.

9.Consequences of conveying contraband: (weapons, alcohol, controlled substances, etc.) possible loss of visiting privileges and criminal prosecution, and if convicted, legal penalty -- may be imposed.

a.Such a statement will be included in the facility’s rules and procedures and shall also be posted conspicuously in the entrance or lobby (English and Spanish).

10.Approval of visitors and development of visiting lists for inmates in Awaiting Trial status.

E.Separate Housing Units: Where appropriate, facility-specific visiting rules and procedures shall address separate categories of housing units under the Warden's jurisdiction. At a minimum, separate housing unit visiting rules address:

1.Designated visiting area;

2.Devices precluding physical contact which may be necessitated by security requirements;

3.Time, length, and frequency of visits;

4.Special visits from attorneys and clergy;

5.Special visiting provisions, including advanced scheduling, where necessary.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-1 § 1.17 Visitors Dress Code

A.All visitors MUST wear undergarments.

B.Visitors to any RIDOC facility are prohibited from wearing:

1.See-through clothing of any kind

2.Low-cut and V-neck sweaters, blouses or shirts and tank, halter, or “tube” tops

3.Skirts, dresses, shorts with slits that are two (2) inches or more above the knee

4.Blouses or shirts too short to tuck in; blouses or shirts which expose the midriff

5.Tight-fitting or athletic type clothing

6.Spandex, stirrup, sweat and/or “swish” pants

7.Clothing the Visiting Room Lieutenant or Shift Commander determines is provocative/inappropriate

8.Hats, headbands and/or hooded clothing

9.Clothes with holes, rips, tears (clothing must be completely intact)

10.Clothing with the pockets torn out or torn to allow access beneath the garment

11.Sleeveless garments

12.“Farmer” jeans

13.Camouflage garments

14.Khaki, beige, or any other clothing which could be mistaken for inmate clothing

15.Military clothing (actual uniforms and look-alikes)

16.Clothing which closely resembles uniforms (Correctional Officer, police, sheriff, marshal, etc.)

17.Nursing uniforms (including “scrubs”)

18.Jewelry (except wedding and/or engagement rings and medical alert jewelry)

19.Under wire bras, metal buttons, buckles which cannot be removed and set off the metal detector

20.Metal hair ornaments

21.No flip-flops

C.Exception: Children under twelve (12) years of age may be allowed to visit even though wearing shorts, skirts, and/or dresses shorter than mid-thigh, rompers, sleeveless shirts, etc. The Visiting Room Lieutenants’ discretion will prevail.

D.Failure to comply with this dress code may result in denial of visits or entry to a facility.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2016-08-08 to 08/28/2018
• Technical Revision — effective from 2008-11-10 to 08/08/2016
• Amendment — effective from 2007-05-14 to 11/10/2008
• Amendment — effective from 2003-01-22 to 05/14/2007
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003
• Periodic Refile — effective from 2001-12-28 to 01/22/2003

240-RICR-20-00-2 Public Information / Media Access

240-RICR-20-00-2 § 2.1 Authority

R.I. Gen. Laws § 42-56-10(22), Power of the director; R.I. Gen. Laws § 38-2-2, Access to public records.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.2 Purpose

To establish Departmental rules and regulations for access by representatives of the news media to the state’s correctional facilities as well as to establish rules for the dissemination of information to the public and the media.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.3 Policy

It is the policy of the Rhode Island Department of Corrections (RIDOC) to maintain open communications with the public, news media, legislature, and other interested groups and individuals. The Department produces, maintains, and disseminates information to the public concerning its operations, programs, and services. The Department provides inmates with avenues to communicate with representatives of the media when appropriate. Access to RIDOC facilities may be limited to minimize the risk to security, protect the safety of individuals, and assure privacy interests protected by law. RIDOC encourages media reports to be sensitive to the feelings and needs of crime victims.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.4 Staff or Employee Contact with the Media

A.Unless the Director designates otherwise, only the Director or the Chief of Information and Public Relations provides official information to the media regarding staff, the inmate population, or Departmental activities and programs. No employee is authorized to make statements to the media which jeopardize the security of Departmental operations.

B.Confidential and privileged information (the disclosure of which would violate federal or state confidentiality laws, endanger facility security, or constitute an unwarranted invasion of personal privacy) is not disclosed to the media, the public, or other agencies.

C.All RIDOC personnel and all persons under contract for services to RIDOC channel all information requests through the Director’s Office via the Chief of Information and Public Relations. Employees are encouraged to cooperate with appropriate media requests when they have been deemed the subject matter expert(s) in a particular area by the Director or the Chief of Information and Public Relations, provided such communication first goes through the Director’s Office, via the Chief of Information and Public Relations. Representatives of the media are discouraged from contacting RIDOC employees directly other than the Chief of Information and Public Relations. The Chief of Information and Public Relations, in consultation with the Director, makes arrangements with the appropriate subject matter expert(s) within RIDOC staff in order to facilitate the media request so long as it does not jeopardize the security of Departmental operations.

D. The executive committees of bargaining units are permitted to speak to the media about legitimate union business or matters which relate to collective bargaining or contract administration.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.5 Dissemination of Employee Information

A. The Director or Chief of Information and Public Relations provides the news media with the following information relative to RIDOC employees, past and present, in accordance with Access to Public Records, R.I. Gen. Laws § 38-2-3. (See also, policy #1.07 DOC; Public Access to Departmental Records/Inmate Information, or successive policy.):

1.Employee's name;

2.Gross salary;

3.Salary range;

4.Total cost of paid fringe benefits;

5.Gross amount received in overtime and other remuneration in addition to salary;

6.Job title;

7.Job description;

8.Dates of employment and positions held with the state or municipality;

9.Work location;

10.Business telephone;

11.City or town of residence (not specific address);

12.Date of termination.

B.In addition, information relative to an employee's employment status (i.e., whether the employee is actively employed, no longer employed, or on administrative leave) may be revealed.

C.Information used to hire, evaluate, promote, or discipline any employee is not public information.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.6 News Releases

All press releases to the print and electronic media are written and distributed through the Director or the Chief of Information and Public Relations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.7 Photographs and Recordings

Photographs and video recordings taken inside the perimeter of ACI facilities require advance approval by the Director or the Chief of Information and Public Relations. Requests shall be in writing whenever possible (See News Media Request Form.). Requests of an emergency or imminent nature may be approved via telephone by the Director or Chief of Information and Public Relations. Identifying photographs or recordings of an inmate require the Department's and the inmate's prior written approval. (See Media Waiver Form.) However, inmates need not consent to the release of their identification (ID) photos.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.8 Correspondence

Inmates may correspond with representatives of the news media in accordance with Part 10-00-1 of this Title, Inmate Mail.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.9 News Media Visits

Media representatives’ requests to visit inmates, correctional facilities, or report on RIDOC programs or activities are referred to the Director or the Chief of Information and Public Relations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.10 Information Resources

Presentation aids are developed by and made available through the Director or the Chief of Information and Public Relations. These aids include computer presentations and photographs; audio, video and/or digital recordings; periodicals, monographs, and other printed materials.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.11 Internal Dissemination of Information

All Department employees respond promptly and accurately to any and all requests for information made by the Chief of Information and Public Relations. It is his/her responsibility, in consultation with the Director or designee, to determine whether or not any parts of the information requested are not for public dissemination per this policy. No employee is to take it upon him/herself to censor the information presented to the Chief of Information and Public Relations. When asked, it is the responsibility of all staff to provide prompt and accurate information to the Chief of Information and Public Relations. The highest ranking official on duty in the facility/unit/program at the time of an incident which may be of interest to the public or the news media (including but not limited to, escapes, fires, bomb threats, assaults, job actions, employee suspensions, etc.) reports these incidents to the Chief of Information and Public Relations at the earliest possible moment.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.12 Media Access to Correctional Facilities

A.Media representatives are encouraged to inquire about activities within RIDOC, to visit correctional facilities, and to report on programs and activities. The Chief of Information and Public Relations arranges for media access to correctional agencies and facilities. It is the responsibility of the Chief of Information and Public Relations to contact the appropriate facility/unit/program manager prior to arranging such access. He/she will then be able to work out an access schedule with the appropriate Assistant Director or facility/unit/program manager. This procedure insures that access is consistent with the security and daily scheduling requirements of the facility to be visited. Permission for access to a facility will not be granted until such arrangements have been made. The Chief of Information and Public Relations arranges with the facility Warden or designee for any manpower needs which may be created by the presence of a media representative. The Chief of Information and Public Relations or designee serves as an escort for all news media visits to a facility, including all filming events. If the Chief of Information and Public Relations is available, he/she will remain present during the interview between the media and the inmate to facilitate in any way possible. If a member of the media requests that the Chief of Information and Public Relations leave during the interview, the request will be granted. Media representatives will accede to the presence of security personnel as deemed necessary by the facility Warden/designee.

B.Requests to use RIDOC’s facilities for filming motion pictures are coordinated through the Chief of Information and Public Relations and the state’s Film & Television Office.

C.Emergency Provisions: In the event of a major emergency within a RIDOC facility, each news media representative wishing to cover the emergency shall report to the pre-designated news media briefing area. All information provided to the media during an emergency will be provided by the Chief of Information and Public Relations or designee in the news media briefing area via scheduled briefings.

1. In an emergency or extended disruption of normal facility operations, the Director or the Chief of Information and Public Relations may suspend any provision or section of this policy for a specific period.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-2 § 2.13 Inmate Information / Interviews

A.Dissemination of Inmate Information:

1.The Director or Chief of Information and Public Relations may provide the news media with the following information regarding an inmate. (See also, policy #1.07 DOC; Public Access to Departmental Records/Inmate Information, or successive policy):

a.Inmate's name;

b.Inmate's age (not specific date of birth);

c.Record of incarceration, including any/all information concerning dates of incarceration (present and prior);

d.Court of jurisdiction;

e.Parole eligibility date and projected release date;

f.Probation dates;

g.Placement (assigned facility);

h.Discipline status;

i.Community Confinement dates and information;

j.Inmate’s last known city/town of residence but not the specific street address; and

k.ID photo, sentenced inmates only (subject to the Director’s approval).

2.In accordance with the Confidentiality of Health Care Communications and Information Act, medical and/or psychological information is not made available to the news media. (See also, policy #18.59 DOC; Confidentiality of Medical Information, or successive policy.)

B.Inmate Interviews:

1.A personal interview may be authorized between an inmate and a representative of a news organization (a representative of public news media includes, but is not limited to, a reporter for a daily or weekly newspaper, a daily or weekly radio or television news program, and recognized general news magazines) subject to the following provisions:

a.Requests: Routine requests for inmate interviews are directed in writing, using the News Media Request Form, to the Chief of Information and Public Relations. In circumstances where timeliness of reporting is a proper consideration, the written request may be sent via fax or E-mail to the Chief of Information and Public Relations. If the request is in response to a press release generated by the Chief of Information and Public Relations, a telephone request will suffice.

b.Request Content: All requests (News Media Request Form) shall include:

(1) The name of the publication or electronic broadcast;

(2)The general nature of the proposed news item;

(3)The method of coverage and type of equipment needed for the proposed coverage; and

(4)All persons entering a correctional facility are subject to a security clearance (i.e., Bureau of Criminal Investigation [BCI] and National Criminal Information Center [NCIC]). If the interview will not take place inside a correctional facility, a security clearance check is not required. When practicable, the names and dates of birth of all persons requesting entrance to a facility are provided to the Chief of Information and Public Relations at least twenty-four (24) hours prior to the anticipated visit.

c.Procedure for Acting on Access Request: Each request for news media access to a RIDOC facility is handled by the Director or Chief of Information and Public Relations. A decision on whether to approve or deny the request is based on the following criteria:

(1) News Organization: The request must be made by representative of the news media meeting the definition of a news organization as defined in § 2.13(B)(1) of this Part.

(2)Law Enforcement Investigation: A print or electronic report cannot hinder a law enforcement investigation.

(3)Awaiting Trial Inmates: If an inmate who is awaiting trial has an attorney-of-record, the Director, Chief of Information and Public Relations or Executive Legal Counsel contacts said attorney and obtains his/her approval to allow his/her client to be interviewed. If the attorney-of-record determines it is not in his/her client’s best interest to be interviewed, the media’s request for an interview is denied. If a sentenced inmate has pending court charges lodged against him/her, the Director, Chief of Information and Public Relations or Executive Legal Counsel contacts the inmate’s attorney-of-record and obtains his/her written approval to allow his/her client to be interviewed. If the attorney-of-record determines it is not in his/her client’s best interest to be interviewed, the media’s request for an interview is denied.

(4)Sentenced Inmates: If a sentenced inmate has no pending court charges, he/she may consent or decline to be interviewed without the approval of his/her attorney-of-record. Any consent to an interview will be signed by the inmate and approved/denied by the Director or Chief of Information and Public Relations, in accordance with the provisions of this policy. (See Media Waiver Form.)

(5) Security and Safety: The report will not interfere, compromise, or jeopardize facility security or public safety. The Director can deny a request if it would endanger the health or safety of the interviewer, or would likely cause serious unrest or disturb the good order of the facility.

(6)Personnel Limitations: The number involved in the recording of electronic news reports shall normally not exceed two (2) persons, including the reporter or producer (i.e., one reporter and one camera person).

(7)Inmate News Conference Prohibited: Inmates are not allowed to participate in news conferences.

d.Safety and Security: Questions that place the safety of any inmate, staff, victim or victim’s family, or the correctional facility in jeopardy may not be asked or answered.

e.Inmates in one or more of the following categories are NOT permitted media interviews:

(1) Awaiting trial (except with permission of the attorney-of-record);

(2) Sentenced, with pending court charges (except with permission of the attorney-of-record);

(3) Juveniles (under age 18, awaiting trial), however, juveniles (under age 18) who are sentenced may be interviewed if they and their attorney agree to the interview;

(4) Physically or mentally unable (as determined by RIDOC medical staff);

(5)Federal detainees (except per Federal Bureau of Prison rules and regulations);

(6) Out-of-State, incarcerated at the ACI pursuant to the Intergovernmental Agreement for the Implementation of the Interstate Corrections Compact, R.I. Gen Laws §§ 13-11-1 through 13-11-3;

(7) Inmates in segregation (punitive or administrative);

(8) Or as determined by the Director or designee to represent a legitimate security risk.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2008-02-18 to 08/28/2018
• Periodic Refile — effective from 2001-12-28 to 02/18/2008

240-RICR-20-00-3 Access to Institutional Facilities by Attorneys and Their Agents

240-RICR-20-00-3 § 3.1 AUTHORITY

A.These regulations are promulgated pursuant to R.I. Gen. Laws §§ 42-56-10(22) and 42-56-1.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2015-11-09 to 08/28/2018
• Amendment — effective from 2015-03-18 to 11/09/2015
• Amendment — effective from 2008-03-17 to 03/18/2015
• Amendment — effective from 2006-10-23 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 10/23/2006

240-RICR-20-00-3 § 3.2 PURPOSE

A.To establish procedures governing access to institutional facilities by attorneys and their agents for conducting legal business with their incarcerated clients and for items entering facilities with attorneys, attorney agents and inmates.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2015-11-09 to 08/28/2018
• Amendment — effective from 2015-03-18 to 11/09/2015
• Amendment — effective from 2008-03-17 to 03/18/2015
• Amendment — effective from 2006-10-23 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 10/23/2006

240-RICR-20-00-3 § 3.3 POLICY

A.The Rhode Island Department of Corrections (RIDOC) grants access to institutional facilities to attorneys-of-record and their agents for the purposes of conducting interviews with incarcerated clients and participating in administrative hearings in which they represent a party. Such access is consistent with state and federal law and legitimate security and operational needs of RIDOC.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2015-11-09 to 08/28/2018
• Amendment — effective from 2015-03-18 to 11/09/2015
• Amendment — effective from 2008-03-17 to 03/18/2015
• Amendment — effective from 2006-10-23 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 10/23/2006

240-RICR-20-00-3 § 3.4 PROCEDURES

A.For the purposes of this Part, attorneys are defined as members in good standing with the Bar of Rhode Island or members of any other state or federal jurisdiction who represent clients incarcerated at RIDOC. See § 1.4(D)(1) of this Part for identification requirements.

B.Attorneys' agents are any individuals employed by attorneys in any of the following categories:

1.Law students - persons enrolled in accredited law schools.

2.Paralegals/Legal Assistants/Investigators/Public Defender Social Workers - persons who work on legal matters under the supervision of attorneys.

3.Interpreters - persons whose profession involves the translation of languages and who provide this service in the presence of attorneys who represent non-English speaking incarcerated clients. Also included are those who communicate in sign language or other communication formats that inmates may require.

C. Attorneys’ Agents Access to Institutional Facilities:

1.Attorneys’ agents are granted access to institutional facilities provided:

a.They work under the supervision and authorization of an attorney.

b.The attorney provides the affected facility’s Warden with a letter to that effect at least three (3) days in advance of the agent's initial visit to a facility. Letters from attorneys requesting access for agents must be on the law firm's stationery and must include the agent's name, title, and date of birth.

c.They are not related to inmates for whom they provide professional services. “Related” is defined as blood, marriage, or step relationship.

d.They are not on the visiting lists of inmates for whom they provide professional services.

e.They are not former inmates.

f.Results of criminal history checks (i.e., BCI and whenever feasible, NCIC) are satisfactory.

(1)Criminal history checks are conducted on all agents by each facility.

(2)Agents who have been convicted of or pleaded nolo contendere to felonies or misdemeanors in either federal or state courts, or who have pending criminal charges, may be denied access to the institution.

2.Exceptions to §§ 1.4(C)(1)(a) through (f) of this Part above are granted only by the Director, the Assistant Director for Institutions and Operations or designees.

3.The Warden or designee of each facility maintains a current list of all agents of attorneys who are authorized to enter the facility. The Warden of the Intake Service Center (ISC) or designee generates and circulates said list on a regular basis to all RIDOC facilities and appropriate personnel.

a.Every ninety (90) days attorneys are responsible for submitting written lists of agents to the ISC Warden or his/her designee.

b.Once it is determined that attorneys’ agents satisfy the criteria outlined in §§ 1.4(C)(1)(a) through (f) of this Part, those agents can meet with inmates without the attorney of record present. It is the attorneys’ responsibility to ensure that their list is updated every 90 days.

4.Agents who are accompanied by supervising attorneys have received prior authorization from a Warden or designee, and who have proper identification are permitted access into the facility for business visits with inmates.

5.If an attorney wishes to enter the facility with an agent who is not on the current authorization list, s/he must obtain prior approval from the Warden or designee. If s/he is not available and a particular circumstance warrants an exception, the Shift Commander on duty may authorize entry, provided the agent is accompanied by the attorney-of-record and meets other requirements of this Part. BCI and, whenever feasible, NCIC/BCI checks must be done by the authorizing person prior to approval.

6.Attorneys or agents who are denied access to an institutional facility are notified as to the reason(s) by the individual who denied them access. In addition, the staff member who denied access files a detailed report with the Warden describing the reason(s) for denial. The Warden approves or rescinds the denial for future visits and, after conferring with RIDOC’s Legal Counsel, notifies the attorney by letter. The Warden sends copies of his/her letter to RIDOC's Legal Counsel and the Assistant Director of Institutions and Operations.

D. Security Requirements:

1. Identification requirements are:

a.Attorneys - Bar card or judiciary I.D. card and photo identification, or a valid Public Defender’s Office identification badge, or valid Attorney General’s Office identification badge. Both the old version (with the attorney’s bar number and a hologram of the state seal) and the newer version (without the attorney’s bar number but a hologram of an eagle’s head and a flying eagle) of the judiciary I.D. card (both cards have provisions “A-F” on the back) are acceptable.

b.Agents - photo identification and name appearing on list of approved agents.

c.Out-of-State Attorneys – State or Federal Bar Card

2.ALL articles which attorneys and their agents are permitted to bring into the institutional facilities are subject to search.

3.Dress code – Attorneys and their agents should refer to the most recent version of DOC’s Visits (Part 1 of this Subchapter) regulation, for a listing of acceptable and unacceptable attire while meeting with inmate clients within RIDOC facilities.

4.Suit jackets, blazers, and lightweight outerwear are permitted. Bulky outerwear is not permitted and is stored according to the specific facility's procedures.

5.Metal Detector - All attorneys and agents who visit clients in secure facilities are required to pass through metal detectors. Individuals who are not able to successfully pass through metal detectors may be subject to search or denied access to facilities. It is recommended that individuals planning to visit any of the secure facilities dress accordingly as certain articles of clothing (e.g., underwire bras, belts with excessive metal) may set off the detectors. Absent any particularized suspicion, a female attorney will be permitted access to meet with a client when she is unable to successfully pass through the metal detector three (3) times and after being scanned with a hand-held wand when it appears likely that her underwire bra may be setting off the alarm. This rule also applies to professionals from other state or federal agencies entering a secure facility in a professional capacity (not as a social visitor). All attorneys must adhere to this protocol. This exception also applies to female attorneys’ agents only when they are accompanied by an attorney and have been approved as an attorney’s agent pursuant to § 1.4(B)(3) of this Part. This exception does NOT apply to anyone other than female attorneys and approved female attorneys’ agents who are accompanied by an attorney.

6.Jewelry is permitted. Attorneys and agents may put jewelry on after passing through metal detectors.

7.Briefcases/Pocketbooks - An attorney or agent may bring one receptacle (briefcase, pocketbook, handbag, purse, backpack, etc.) into the visit.

a.Receptacle must pass through metal detector.

b.Receptacle must be presented for search.

(1)Searches will be limited to determining the presence of contraband.

(2)Sealed envelopes will be opened for inspection.

(3)Correctional staff will not read documents for content.

c.Receptacle contents should be limited to those items specified in §§ 1.4(D)(9) through (12) of this Part and other items necessary for conducting the inmate interview.

8.Keys are permitted.

9.Wallets/Billfolds are permitted.

10.Recording Devices/Cameras/ Lap Top Computers/ Computer Tablets are permitted.

a.One item of removable storage media as relates to each item specified in § 1.4(D)(10) of this Part (e.g., cassette, film, and/or CD/DVD/diskette) is/are allowed.

b.Its/Their use is limited to the meeting with clients in designated areas of the institutional facilities.

c.All items used during interviews (see § 1.4(D)(10) of this Part) will be removed from the facilities by the attorneys or agents upon conclusion of the interviews.

d.An attorney may take a photograph of his/her own client only with the prior permission of the facility Warden and only in a designated area.

e.Attorneys are strictly prohibited from using any wireless access through a computer/computer tablet they bring into a facility. In addition filming and/or recording of inmates, staff, institutional activities, security operations and/or key use is strictly prohibited. Violation of these directives may result in an attorney and his/her approved agent being barred from ACI facilities.

f.The Warden/designee of each facility shall post the prohibitions and possible sanction listed in this section at the MCC/entrance to the facility and in the facility attorney rooms.

11.Pagers (Beepers) worn by attorneys and agents are permitted after examination by correctional staff.

12.Papers/Documents: All papers, envelopes or other documents entering any facility shall be passed through the mail scanner or other approved technology. This includes all papers, envelopes or legal documents entering the facility with an attorney, attorney agent or by an inmate returning from court. Papers, envelopes or legal documents entering the facility with an attorney, attorney agent or by an inmate returning from court will be processed as privileged in accordance with the procedure below:

a.Any papers or documents that are not already sealed in an envelope shall be placed in an envelope (provided by security staff) by the attorney, attorney agent, or inmate.

(1)RIDOC staff is prohibited from reading these items, however, staff may inspect the items for contraband before they are put into the envelope.

(2)All papers, envelopes or other documents entering the facility must be in the following format to comply with the requirements of the mail scanner:

(A)No more than twenty-five (25) pages in each single (10”x13”) manila envelope (multiple envelopes may be submitted); or,

(B)No more than five (5) pages in each (4 ?” x 9 ½”) standard letter envelope.

(3)The envelope shall be sealed by the attorney, attorney agent or the inmate.

(4)RIDOC staff will request that the attorney, attorney agent or the inmate document, in ink on the envelope, the time, date and the inmates name and ID number. The attorney, attorney agent or the inmate must also sign their name along the seal of the envelope.

(5)If an attorney, attorney agent or inmate refuses to write the identifying information on the envelope, it shall be done by RIDOC staff.

(6)RIDOC staff shall use proper personal protective equipment (PPE) when handling suspicious items, including but not limited to paper, envelopes or other documents.

b.All sealed envelopes containing documents brought into the facilities shall be passed through the mail scanner or other approved technology without being opened.

(1)The mail scanner is a T-ray scanner utilizing 4D imaging technology to detect all types of postal threats identified by the Department of Homeland Security (DHS). Its primary purpose is to enhance physical mail security by identifying potential threats or contraband and ensuring the safe handling of incoming mail. The scanner is not designed or utilized for analyzing or interpreting the text content of mail. This ensures the privacy of correspondence is maintained. While photographs of scanned mail may be taken for investigative purposes related to security concerns, the scanner will not be used to read or copy the textual contents of any papers or legal documents.

(2)An envelope that is deemed clear will then be returned to the attorney, attorney agent or inmate without delay.

(3)Any envelope passed through the mail scanner that is deemed suspicious (possibly containing contraband) shall be held for further testing and the procedure below must be followed:

(A)The attorney, attorney agent, or inmate will be notified in person that the items will be held for further testing.

(B)The envelope shall remain sealed.

(C)The sealed envelope will then be secured in the facility’s SIU evidence locker and an incident report will be generated for “suspicious documents” while also indicating “SIU Investigation Requested.”

(D) The Deputy Chief of the Office of Investigations and Intelligence will be notified, and the incident report assigned to an investigator for follow up.

(E) In the event additional testing will be done which requires the envelope be opened, it shall only be opened and tested in the presence of the inmate or the sender.

(F) If additional testing is required, it shall be conducted within twenty-four (24) to forty-eight (48) hours excluding holidays and weekends in the presence of the inmate or the sender.

(G) Any paper, envelopes or other documents testing positive for illegal substances shall be deemed illegal contraband and seized in accordance with the procedures outlined in the most recent version of RIDOC Policy 9.14 DOC, Detecting and Confiscating Contraband on or in the Possession of Inmates/Detainees (including Frisk, Strip and Body Cavity Searches) or in Inmate Transport Vehicles, and a referral shall be made to the Rhode Island State Police.

c.Any personal letters, cards, etc. must be delivered through the normal mail process in accordance with the most recent version of RIDOC policy 24.01 DOC, Inmate Mail (240-RICR-10-00-1).

13.Cellular phones and smartphones (including but not limited to Blackberry, Android, and iPhones) and any other device that facilitates wireless communication (i.e., Bluetooth headsets) are not permitted inside any facility. Said items may be left in the facility’s Main Control Center (MCC) upon entrance.

a.The RIDOC is not responsible for the safety and security of such items, and it is recommended that they be left in locked personal vehicles.

14.Attorneys and their agents are subject to all other Departmental and institutional policies and regulations governing visitors that are not in direct conflict with this Part.

E.Hours of Visits:

1.Attorneys and their agents are permitted to visit incarcerated clients between the hours of 8:30 AM and 8:30 PM every day, and at other times should special circumstances arise. Prior approval by the Warden or designee is required for access outside the hours of 8:30 AM to 8:30 PM.

2.Access may be delayed if an attorney or agent arrives while an institutional count is in progress or an emergency is being addressed (i.e., Level II or Level III Emergency Response Codes). Attorneys and/or their agents should contact the facility(ies) they wish to visit or review affected facilities’ bulletin boards located in reception areas for count times. The duration of counts is approximately 45 minutes.

3.Visits between attorneys and/or agents with clients which are in progress when a count begins are not terminated for the purpose of conducting the count. Correctional staff counts the inmate in the location where the visit is taking place.

4.Visits with inmates by attorneys or agents are not terminated for meals. In cases where a visit continues through mealtime, the Visiting Room Officer notifies the Shift Commander, who ensures that suitable food is reserved for consumption by the inmate following the visit.

F.Once allowed access to a facility, attorneys and/or their agents are required to sign the facility’s legal blotter.

G.Complaints:

1.Attorneys and their agents may carry copies of this Part with them on visits in order to clarify issues regarding access which arise with correctional personnel.

2.Attorneys or agents who have complaints about access are encouraged to contact the Warden of the facility in question. If the matter is not resolved to the satisfaction of the attorney or agent, appeal may be made to the Assistant Director for Institutions and Operations.

3.All institutional personnel shall provide an attorney or attorney's agent with last name, rank, and badge number upon request.

H.Emergency Cancellation:

1.If an emergency exists within an institution, the Warden or designee may temporarily terminate visits by attorneys or their agents.

I.Post Orders:

1.Each facility Warden or designee shall incorporate into the post orders for Visiting Desk and MCC posts acknowledgements of the provisions provided herein.

History

• Amendment — effective from 2025-07-08 to current
• EMERGENCY RULE Amendment — effective from 2025-01-13 to 07/08/2025
• Periodic Refile — effective from 2022-01-04 to 01/13/2025
• Amendment — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2015-11-09 to 08/28/2018
• Amendment — effective from 2015-03-18 to 11/09/2015
• Amendment — effective from 2008-03-17 to 03/18/2015
• Amendment — effective from 2006-10-23 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 10/23/2006

Chapter 30 Security

Subchapter 00

240-RICR-30-00-1 Use of Restraints on Pregnant Detainees or Inmates

240-RICR-30-00-1 § 1.1 Authority

R.I. Gen. Laws § 42-56-10(22) Power of the director; R.I. Gen. Laws § 42-56.3-1, Healthy Pregnancies for Incarcerated Women Act.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-1 § 1.2 Purpose

To specify the procedures to follow for the use of restraints on pregnant detainees or inmates and when they are transported to an outside medical facility and during hospital stays.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-1 § 1.3 Policy

A.Whenever RIDOC staff has actual or construction knowledge that a detainee or inmate is in the second or third trimester of pregnancy, any restraints used on the pregnant detainee or inmate are only those deemed medically appropriate.

B.RIDOC is committed to providing safe transport of pregnant detainees or inmates.

C.If restraints are used on a pregnant detainee or inmate, the type of restraint applied and the application of the restraint is done in the least restrictive manner necessary.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-1 § 1.4 General Restraint Procedures

Whenever RIDOC staff has actual or constructive knowledge that a detainee or inmate is in the second or third trimester of pregnancy, any restraints used on the pregnant detainee or inmate are only those deemed medically appropriate by the RIDOC Medical Program Director.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-1 § 1.5 Transport, Labor and Delivery Restraint Procedures

A. Transport

1.No handcuffs, shackles or other restraints are used on a detainee or inmate known to be pregnant during transport to a medical facility unless there are compelling grounds to believe that the detainee or inmate presents:

a.An immediate and serious threat of physical harm to herself, staff or others; or

b.A substantial flight risk and cannot be reasonably contained by other means.

2.If handcuffs, shackles or other restraints are used on a pregnant detainee or inmate, the type of restraint applied and the application of the restraint is done in the least restrictive manner necessary.

3. The RIDOC Medical Program Director/designee will be consulted if circumstances warrant restraints during transport.

B.Labor and Delivery

1.Under no circumstances can leg or waist restraints be used on any detainee or inmate during labor and delivery.

a. Labor is defined as the period of time before birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.

2.To use handcuffs, compelling grounds to believe that the detainee or inmate presents the following must be met:

a.An immediate and serious threat of physical harm to herself, staff or others; or

b.A substantial flight risk and cannot be reasonably contained by other means

C.Postpartum

1.For the purposes of this policy “postpartum recovery” means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth.

2.Waist restraints are not used under any circumstances during postpartum recovery.

3.If handcuffs or leg restraints are used on a pregnant detainee or inmate, the following compelling criteria must be met and the type of restraint applied and the application of the restraint is done in the least restrictive manner necessary:

a.An immediate and serious threat of physical harm to herself, staff or others; or

b.A substantial flight risk and cannot be reasonably contained by other means

4.If the circumstances cited in §§ 1.5(C)(3)(a) through (b) of this Part exist, upon confirmation by RIDOC’s Medical Program Director that a detainee or inmate in postpartum recovery may be subject to restraint, the treating health care professional, in consultation with RIDOC’s Medical Program Director, determines whether leg or hand restraints shall be used.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-1 § 1.6 Removal of Restraints

If the doctor, nurse or other health care professional treating the detainee or inmate requests, based on his/her professional medical judgment, that restraints not be used, any Correctional Officer accompanying the detainee or inmate immediately removes all restraints; provided further, however, that in the absence of exigent circumstances, as determined by the health care professional, RIDOC’s Medical Program Director is first consulted.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-1 § 1.7 Reporting Requirements

If restraints are used on a pregnant detainee or inmate, the Correctional Officer who applied the restraints submits within five (5) days of the event an Incident Report to the Shift Commander, articulating the grounds that dictated the use of restraints. These findings are kept on file by the Warden/designee and made available for public inspection (See policy 1.07-4 DOC; Public Access to Departmental Records/Inmate Information, or a successive policy). No individually identifying information of any detainee or inmate is made public without the detainee or inmate’s written consent.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-1 § 1. 8 Notice

All pregnant inmates and detainees affected by this policy shall be advised of the requirements of R.I. Gen. Laws § 42-56.3-1 through the RIDOC Women’s Facilities upon admission to the Women’s Facilities Handbook and by the attending physician when known to be pregnant. Said notification shall also be made through a posting in the medical area.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2012-02-29 to 08/28/2018

240-RICR-30-00-2 Inmate Telephone Privileges / Monitoring

240-RICR-30-00-2 § 2.1 Authority

R.I. Gen. Laws § 42-56-10(22), Powers of the director; Title III of the Omnibus Crime Control and Safe Streets Act, 18 U.S.C. § 250 et seq. (prison monitoring and recording of inmate telephone calls); R.I. Gen. Laws Chapter 12-5.1, Interception of Wire and Oral Communications; R.I. Gen. Laws § 11-35-21, Unauthorized interception, disclosure or use of wire or oral communication.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/28/2018
• Amendment — effective from 2008-03-17 to 06/21/2010
• Amendment — effective from 2007-05-14 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 05/14/2007

240-RICR-30-00-2 § 2.2 Purpose

To specify the Rhode Island Department of Corrections’ (RIDOC’s) policy and procedures regarding the monitoring and recording of Adult Correctional Institutions (ACI) inmates’ telephone conversations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/28/2018
• Amendment — effective from 2008-03-17 to 06/21/2010
• Amendment — effective from 2007-05-14 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 05/14/2007

240-RICR-30-00-2 § 2.3 Policy

A.Inmate access to/use of telephones is a privilege.

B.Inmates are encouraged to remain in close contact with family and friend

C.RIDOC affords inmates reasonable access to telephones, consistent with their status, housing unit regulations, and the guidelines contained in this policy.

D.RIDOC shares information from the inmate telephone monitoring system pursuant to subpoena or in the case of outside law enforcement agencies involved in criminal investigations pursuant to procedural requests.

1.All Wardens ensure inmates have reasonable access to telephones within their respective facilities.

a. Wardens of awaiting trial facilities ensure telephones are available in the committing areas which do not require the use of personal identification numbers (PINs) for bail purposes only.

2.Inmate calls are limited [See §§ 2.5(F)(1) through (2) of this Part] to:

a.Up to ten (10) social numbers;

b.Up to five (5) attorney numbers.

(1) Only attorneys whose names and business telephone numbers appear in the State of Rhode Island and Providence Plantations Supreme Court ACS Attorney Registration will be recognized for this privilege, unless authorization is given by the Warden or designee. An example of such authorization is: The Systems Administrator provided by the vendor of the monitoring system verifies an out-of-state attorney's status and telephone number. The Warden or designee authorizes the call.

3. Inmates are allowed to make calls to people not on their lists, under the supervision of a Counselor or Discharge Planner, in order to seek employment, housing, social services, etc. Such calls are recorded, to include date and purpose, in a phone log by staff.

4.In addition to the five (5) attorneys mentioned above, all RIDOC inmates may place calls to:

a.RIDOC Special Investigations Unit (SIU): (401) 462-2282

b.RIDOC Inspectors' Office: (401) 462-2551

c.On-grounds Rhode Island State Police (RISP): (401) 462-2650

d.Licensed Bail Bondsmen (telephone numbers to be entered by Systems Administrator)

e.Any law enforcement agency

f.Calls that will not be recorded:

RIDOC Special Investigations Unit (SIU)

RIDOC Inspectors’ Office

On-grounds RISP

Any Law Enforcement Agencies

Attorney calls

Rhode Island Public Defender’s Office

Speed Dial

Main Office

*9001

Appellate Division

*9004

Providence Misdemeanor & Garrahy Division

*9005

Providence Family Court

*9006

Providence Felony Division

*9007

Administration

*9009

Public Defender

*9010

Providence Violation of Probation Unit

*9011

Garrahy Courthouse

*9012

Social Service Unit

*9013

Washington County Office

*9014

Newport Office

*9015

Kent County Office

*9016

5.Outgoing inmate telephone calls utilize either debit or collect call systems.

a.Exceptions (which are subject to monitoring by staff):

(1)Work Release Job Search calls;

(2)Calls dialed by staff designated by Warden of facility.

E.All inmate telephone conversations, except those between inmates and the individuals listed in § 2.3(D)(3)(f) of this Part are subject to monitoring and/or recording.

F.Prior to the connections of all attempted calls, inmate callers and call recipients are given advance notice that their telephone conversations will be recorded and are subject to monitoring via an automated message. Call recipients must accept these conditions before connections are completed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/28/2018
• Amendment — effective from 2008-03-17 to 06/21/2010
• Amendment — effective from 2007-05-14 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 05/14/2007

240-RICR-30-00-2 § 2.4 Notification

A.Inmates. Wardens or designated Deputy Wardens ensure inmates receive advance notice of monitoring and/or recording of their telephone conversations via:

1.memorandum (for inmates incarcerated at the time of initial implementation)

2.Inmate Telephone System Number Request Form: statement that calls are subject to monitoring and/or recording

3.signs posted (or stenciled) in English and Spanish above or near facility telephones designated for inmate use (see sample Inmate Notification Posting)

4.recorded message before call is accepted

B.Other means of inmate notification which Wardens may choose to utilize include:

1.facility bulletin board notices

2.facility inmate handbooks

3.orientation sessions

C.If applicable, call recipient hears a recorded message informing him/her the collect call is from a RIDOC inmate and subject to monitoring and/or recording.

1.Recipient is given an opportunity to accept or refuse the call.

2.The message includes language that by accepting the call, the recipient consents to the monitoring and/or recording.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/28/2018
• Amendment — effective from 2008-03-17 to 06/21/2010
• Amendment — effective from 2007-05-14 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 05/14/2007

240-RICR-30-00-2 § 2.5 Inmate Telephone System Number Request Form

A.Information required on said form is as follows:

1.inmate personal identification number (PIN)

2.statement that call is subject to monitoring and/or recording

3.date

4.inmate’s printed name

5.inmate’s signature (or staff’s signature indicating inmate’s refusal to sign)

6.list of telephone number(s) inmate wishes to call

a.Up to ten (10) social

b.Up to five (5) attorneys

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/28/2018
• Amendment — effective from 2008-03-17 to 06/21/2010
• Amendment — effective from 2007-05-14 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 05/14/2007

240-RICR-30-00-2 § 2.6 Changes to Inmate Telephone Number Lists

A.Inmate may request changes to their telephone lists:

1.Social number changes: The System Administrator provided by the vendor of the monitoring system is responsible for entering updated information as submitted.

2.Attorney number changes: The System Administrator provided by the vendor of the monitoring system is responsible for entering updated information as it is submitted.

3.Change requests may also be considered (on a case-by-case basis) for the following reasons:

a.family emergency;

b.call recipient’s telephone number changes;

c.newly acquired telephone number for inmate’s mother, father, spouse and/or child(ren);

d.as determined by the RIDOC

B.General Rules

1.The Warden of each facility determines the hours of telephone availability and ensures said hours are posted in all housing units.

2.Telephone calls (excluding attorney calls) are restricted to no more than twenty (20) minutes per call.

3.The length of time between calls may be established if necessary to provide orderly availability of telephones.

C.Monitoring / Recording

1.Monitoring/recording of inmate telephone conversations occurs for the purposes of:

a.preserving institutional order and security; and/or

b.enhancing/conducting investigative operations.

2.SIU staff is primarily responsible for monitoring inmate telephone calls. All other persons requesting access to the telephone monitoring area need authorization from the Assistant Director of Institutions & Operations.

3.The Central Office Warden shall develop a Standard Operating Procedure (SOP) which details the random and targeted monitoring of inmate telephone conversations. The SOP shall further detail access to the telephone monitoring room/equipment. This SOP shall be presented to the Assistant Director of Institutions and Operations (ADIO) within 30 days of the effective date of this policy.

D.Information Sharing

1.Subpoenas for inmate telephone recordings are served at the Office of Legal Counsel. Constables attempting to serve such subpoenas directly to SIU are re-directed to the Office of Legal Counsel. The Office of Legal Counsel forwards the subpoena to either SIU or to Telecommunications, depending on the nature of the request.

2. State and municipal police agencies, as well as the Department of the Attorney General, are permitted access to recordings when requested in writing, only for the purposes of criminal investigations. Law enforcement agencies must include the assertion in their request that these recordings will not be disseminated to any other agency. These written requests are directed to the SIU. SIU staff forwards a copy of the request to the Office of Legal Counsel. (See, Sample Investigatory Request.)

3.SIU Investigators handle administrative requests on a case-by-case basis.

4.Random or general access to monitored telephone conversations by outside law enforcement is PROHIBITED.

5.SIU Investigators copy conversations to be used as evidence to CD-R’s, and provide said copies to the agency involved.

a. SIU Investigators maintain a log of all subpoena(e) or administrative requests. Such duplicate CD-R’s released to law enforcement agencies are fully tracked and receipted as appropriate.

6.The System Administrator may periodically monitor calls for maintenance or quality control purposes. Such monitoring is done in the presence of an SIU member.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-08-28 to 01/04/2022
• Amendment — effective from 2018-08-28 to 08/28/2018
• Amendment — effective from 2010-06-21 to 08/28/2018
• Amendment — effective from 2008-03-17 to 06/21/2010
• Amendment — effective from 2007-05-14 to 03/17/2008
• Periodic Refile — effective from 2001-12-28 to 05/14/2007

Chapter 40 Community Corrections

Subchapter 00

240-RICR-40-00-1 Parolee Assisted Living

240-RICR-40-00-1 § 1.1 Authority

R.I. Gen. Laws § 42-56-10(22), Powers of the director; R.I. Gen. Laws § 42-56-10(23)(a) through (d), Powers of the director.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2007-12-17 to 08/28/2018

240-RICR-40-00-1 § 1.2 Purpose

A.To establish procedures to be used by employees of the Adult Probation and Parole Unit of the Rhode Island Department of Correction’s (RIDOC) which address:

1.assessment and intake process if parolee resides or is to reside in a licensed nursing facility, licensed assisted living facility or housing for the elderly;

2.notification process to licensed nursing facility, licensed assisted living facility or housing for the elderly;

3.monitoring and supervision of parolee with focus on safety and security measures.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2007-12-17 to 08/28/2018

240-RICR-40-00-1 § 1.3 Policy

The RIDOC’s Probation and Parole Unit strives to promote public safety by providing written notification of a resident’s parole status when the parolee is known to be residing in a licensed nursing facility, licensed assisted living facility or housing for the elderly.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2007-12-17 to 08/28/2018

240-RICR-40-00-1 § 1.4 Intake / Assessment / Notification

A.Parole permits are delivered by Parole Board staff to the Office of Parole Coordinator two (2) working days prior to release day. Permits are checked with the finalized release list two (2) working days prior to release.

B.Probation and Parole Officers pick up their assigned permits the day before affected offenders’ release in order to obtain offenders’ signatures and explain any special requirements.

1.Once the Probation and Parole Officer receives the assigned case, s/he will contact the offender and schedule an initial meeting.

2.During this first meeting, the Probation and Parole Officer will verify if the offender will be residing in a licensed nursing facility, licensed assisted living facility or housing for the elderly.

3.The Probation and Parole Officer shall ask the offender if the facility is aware of his/her status (parole). This information will be documented in the case file.

C.The RIDOC Counselor will have completed the Rhode Island Parole Risk Assessment prior to the offender’s being seen by the Parole Board. The Parole Risk Assessment Instrument, which includes the following, will be incorporated into the inmate’s case plan.

1.Prior felony convictions;

2.Parole/Probation status at admission;

3.Current offense;

4.History of violent/assault convictions/adjudications;

5.Current age;

6.Completed education;

7.Scored custody level;

8.Severity of discipline severity (last 24 months).

D.The Notification Letter for offenders being released on parole for any of the following offenses and the assigned risk level will be forwarded to the licensed nursing facility, licensed assisted living facility or housing for the elderly upon completion.

1.Murder

2.Voluntary manslaughter

3.Involuntary manslaughter

4.First degree sexual assault

5.Second degree sexual assault

6.Third degree sexual assault

7.Assault on person sixty (60) years of age or older.

8.Assault with intent to commit specified felonies (murder, robbery, rape, or burglary)

9.Felony assault

10.Patient abuse

11.Neglect or mistreatment of patients

12.First degree arson

13.Felony larceny

14.Robbery

15.A copy of the notification letter will be forwarded to the affected offender.

E.The Probation and Parole Officer will develop a case plan with the focus on assessment of risk and if there are any security or safety plans that need to be addressed based upon the following:

1.Parole risk assessment;

2.Terms and conditions of parole, including any special conditions;

3.Current offense;

4.Criminal history;

5.Employment (if applicable);

6.Housing

7.Substance abuse;

8.Mental health;

9.Family;

10.Criminal association.

F.If the offender states that s/he is residing or will be residing in a licensed nursing facility, licensed assisted living facility or housing for the elderly, the offender shall be informed of the following:

1.The facility director will be informed of the charge information and court disposition of the offender and;

a.that the offender is currently placed on parole;

b.of contact information (Probation and Parole Officer);

c.that site visits will occur;

d.of the need for contact person/telephone number at the facility;

e.of the assigned risk level;

f.of the recommendations of security or safety measures, if applicable.

2.The offender shall inform his/her Probation and Parole Officer of any change of address (condition of parole), including transfer to such a facility at any point during the course of supervision;

3.The Probation and Parole Officer shall complete the Notification Letter and forward the letter to the facility. The Officer shall maintain a copy in the case file. The Probation and Parole Officer should also make telephone contact with the facility following forwarding of the letter;

4.Notice (i.e., a copy of the Notification Letter) will also be forwarded to the appropriate State Regulatory Agency and State Long Term Care Ombudsman.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2007-12-17 to 08/28/2018

240-RICR-40-00-1 § 1.5 Ongoing Monitoring / Supervision

A.Upon verification and notification that the offender is residing in a nursing facility, assisted living facility or housing for the elderly, the information listed below shall be forwarded by the Probation and Parole Officer to the Supervisor/Parole Unit.

1.The offender’s name;

2.The offender’s identification number;

3.The type of facility in which the offender is residing;

4.Name and address of the facility;

5.Verification that the offender is residing in said facility;

6.The address/telephone number of and the contact person within the facility;

7.The name of Probation and Parole Officer;

8.The caseload number.

B.On a monthly basis, the Supervisor will compile a summary list of offenders in the Parole Unit who are residing in nursing facilities, assisted living facilities or housing for the elderly.

C.The Supervisor will forward the names of applicable offenders from this summary list to the affected Probation and Parole Officers.

1.Upon receipt of the names of offenders, the affected Probation and Parole Officers shall contact the offenders, as well as applicable facilities, to verify that the offenders are residing at the facilities.

2.This summary list shall be forwarded to the Associate Director of Community Corrections on a monthly basis.

D.The Probation and Parole Officer will be expected to make site visits to the facility, maintain reporting sessions with the offender, communicate case-specific information with the facility and inform the facility of any change in status, such as parole violation or parole supervision ending.

E.The Probation and Parole Officer shall notify the facility if an offender is no longer on parole status.

1.This shall include if the offender’s term of parole has expired, if the offender is now on probation status, as well as violation of parole.

2.The Probation and Parole Officer shall provide the facility with the name and contact information of the Probation and Parole Office to which the case has been transferred.

F.The facility shall be asked to communicate with the Probation and Parole Officer if the offender is no longer residing at the nursing facility, assisted living facility or housing for the elderly.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Adoption — effective from 2007-12-17 to 08/28/2018

240-RICR-40-00-2 Inmate Furloughs

240-RICR-40-00-2 § 2.1 Authority

R.I. Gen. Laws § 42-56-10(22), Power of the director; R.I. Gen. Laws § 42-56-18, Inmate furloughs; R.I. Gen. Laws § 42-56-21, Labor of prisoners committed for criminal offense, qui tam, penal action, or failure to give recognizance.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.2 Purpose

To outline the policy, procedures, and regulations relative to the granting of furloughs to inmates committed to the Rhode Island Department of Corrections (RIDOC), Adult Correctional Institutions (ACI).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.3 Policy

A.It is the policy of the RIDOC that the Classification Board, by a vote of at least three (3) of the five (5) members, and upon the approval of the Director or designee, may allow a person committed to the ACI to leave that place on furlough within or without the State of Rhode Island, provided that during the period of the furlough, the person so furloughed shall be deemed to remain committed to confinement to the ACI.

B.Furloughs may be granted for a period not to exceed fourteen (14) days in any 6- month period for any of the following purposes:

1.To visit a seriously ill immediate family member (see definition in § 2.4(A) of this Part) or to attend the funeral or wake of any such person;

2.To obtain health care services;

3.To seek employment of training;

4.To secure a residence;

5.To visit immediate family members or other persons who have developed regular visitation patterns with the inmate as shall be determined suitable by the Director or designee (social furloughs); and

6.To obtain a marriage license or such other permits as shall be required by law to marry.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.4 Categories and Eligibility

A.Category “A”: To visit a seriously ill immediate family member or attendance at wake and/or funeral (as determined by the Department of Corrections) of deceased immediate family member. Immediate family member is defined as spouse, child, parent, grandparent, grandchild, brother, or sister (including half-brother and half-sister). With the exception of spouse, the term “immediate family member” also includes step, adopted, and foster relationships in the above-named relationships.

1.Eligibility “A”: All inmates, sentenced and awaiting trial, are eligible.

B.Category “B”: To obtain health care services. This is restricted to medical, psychiatric, and psychological services not available at the ACI, but determined by an ACI staff physician to be in a patient's best interest and necessary for his/her evaluation, diagnosis, and/ or treatment; also included are community drug and alcohol treatment programs and visitation to residential treatment programs approved by RlDOCs Substance Abuse Coordinator.

1.Eligibility “B”: All inmates, sentenced and awaiting trial, are eligible.

C.Category “C”: To seek employment and/ or training. This is limited to employment, educational and/ or vocational training not available at the ACI (cf: R.l. Gen. Laws § 42-56-21).

1.Eligibility “C”: Individuals who have been classified Work Release or Work Release/Job Search, granted Parole, or are ninety (90) days from discharge at Minimum Security are eligible.

D.Category “D”: To secure a residence. Furloughs may be granted in order to allow the inmate to find a residence to go to upon his/her release or parole from the ACI.

1.Eligibility “D”: Same as Eligibility “C” above.

E.Category “E”: To visit immediate family or other persons who have developed regular visitation patterns with the inmate as shall be determined suitable by the Director or designee (referred to throughput this policy as “social furlough”).

1.Eligibility “E”: Please see § 2.5 of this Part, below.

F.Category “F”: To obtain a Marriage License. This includes obtaining necessary permits, certificates, etc. required by law in order to be married.

1.Eligibility “F”: Same as Eligibility for Category “E”.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.5 Social Furloughs (Category “E”)

A.Eligibility: Eligibility for furloughs in Category E is limited to the following inmates:

1.First-time offenders serving six (6) months or less.

2.Those eligible for work, training or education programs in accordance with the provisions of R.I. Gen. Laws § 42-56-21, and who are within two (2) years of their Parole eligibility date.

3.In the case of a person sentenced to imprisonment for life with no Parole restrictions, when two (2) years from Parole eligibility date.

4.In the case of a person sentenced to imprisonment for an offense involving murder, sexual assault, manufacture and/or sale of drugs, or a violent offense with aggravating factors, after being classified to Work Release and participating in work, training, or educations programs in accordance with the provisions of R.I. Gen. Laws § 42-56-21.

B.Restrictions

1.An individual who is serving his/her second incarceration shall serve a minimum of one-third (1/3) of his/her sentence before being eligible for initial furlough.

2.An individual who is serving his/her third incarceration shall not be eligible for furlough release unless s/he is classified Work Release, employed within the community of a full-time participant in an educational program, and within six (6) months of his/her discharge date and/or parole release date.

3.An individual who has returned to the institution as a Parole violator shall not be eligible for furlough release unless s/he is classified Work Release, employed within the community or a full-time participant in an educational program, and within six (6) months of his/her discharge date and/or parole release date.

C.Exclusions

1.Those serving sentences of life without parole.

2.Those individuals not eligible for work, training, or educational programs according to R.I. Gen. Laws § 42-56-21 (i.e., classified to secure facilities – Intake, Medium, Maximum, High) and sexual offenders involving minors.

3.Those serving fourth of subsequent incarcerations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.6 General Conditions of Unaccompanied Furloughs

A.Preconditions to Furlough:

1.Furlough is a privilege, not a right.

2.Inmates must:

a.give prior consent to be medically examined upon return to the correctional facility (may include but not be limited to blood and breathalyzer tests and urinalysis);

b.agree to cooperate with medical personnel during these post furlough examinations;

c.consent to be searched (body and possessions) upon return.

3.Inmate must agree to:

a.return promptly upon recall by the Furlough Coordinator, Director, or Director’s designee;

b.abide by genera; and special conditions of furlough as contained in Furlough Terms and Conditions form;

c.sign such form in advance of furlough release.

4.Regarding Category A furloughs, medical documentation must be submitted to the Furlough Unit before a decision is made.

B.Departure and Return Procedures

1.An inmate’s sponsor must pick him/her up and provide transportation from and returning to the institution. All sponsors must show positive identification at the facilities. All sponsors must provide supervision of the individuals on furlough, must accompany them, or know their whereabouts at all times.

2.Any inmate who participates in the Furlough Program is subject to a urinalysis, blood test, and/or breathalyzer test upon return to the institution.

3.Sponsors:

a.Sponsors must be individuals of good character who visit inmates on a regular basis unless a documented medical illness prevents such visits.

b.Employees of the RIDOC who are not relatives (as defined in § 2.4(A) of this Part) of inmates requesting furloughs may not act as sponsors.

4.Overnight Furloughs

a.Minimum Security: Inmates in Minimum Security may be granted overnight Category E furloughs no more than once every sixty (60) days.

(1)Minimum Security overnight furloughs commence at 10:00AM and end at 7:00 PM the next day.

b.Work Release: Inmates in Work Release may be granted overnight Category E furloughs no more than once every thirty (30) days.

(1)Work Release overnight furloughs begin and end at times designated by the Furlough Coordinator, based on the inmate’s work assignment and hours of work.

5.One-Day Furloughs: Minimum Security and Work Release furloughs commence at 10:00AM and end at 7:00PM. The Officer in charge of said facility telephones the Furlough Coordinator’s office to notify him/her return or failure to return on inmates.

C.Conditions While on Furloughs: While on furlough, inmates will:

1.obey all laws – federal, state and local.

2.not leave restricted areas, as specified in conditions governing individual furloughs.

3.avoid questionable resorts and will not associate with persons known to have criminal records, including other inmates on furlough.

4.not drive motor vehicles.

5.not indulge in the use of narcotic drugs or intoxicating beverages nor aid or abet in the sale and/or delivery of same.

6.not incur debts.

7.make telephone calls to the Furlough Coordinator or assigned facility promptly at times designated during furloughs.

8.not convey any messages, written or oral, into or out of the ACI to any person, except as specified in these regulations.

9.return to the institution immediately if illness arises and will notify the institution immediately if too ill to travel.

10.telephone the Furlough Coordinator or assigned facility in case of unforeseen emergency while on furlough and will comply with instructions received.

11.not apply for any type of license unless specifically authorized to do so as condition of furlough.

12.agree not to contest any effort by any jurisdiction to return them to the State of Rhode Island and also agree to extradition to the State of Rhode Island from any jurisdiction in or outside the United Sate where they may be found.

D.Penalties for Violation of Regulations by Inmates:

1.Willful failure to return at the scheduled time will subject the inmate to criminal charge of escape and all attendant penalties.

2.Violation of regulations or special conditions of furlough shall be considered a violation of rules governing discipline and inmate shall be charged and tried accordingly.

E.Time of Furlough to Count as Sentence Time: Time spent on furlough shall be deemed time spent under sentence for all purposes specified in the General Laws of Rhode Island.

F.Inmates Under Detainer Ineligible for Unaccompanied Furloughs: inmates against whom detainers have been lodged shall be ineligible for unaccompanied furloughs. It shall be the responsibility of the Furlough Coordinator to include such information in the Report of Investigation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.7 Classification Board

A.The decision to recommend or approve an inmate for a furlough is based upon the following:

1.Inmate’s ability to conduct him/herself responsibly while in the community;

2.Past and present conduct in the correctional system;

3.Past history of release on furlough, probation, parole, or bail;

4.Involvement in institutional programs or rehabilitative activities;

5.History of violent behavior;

6.Offense; and

7.Absence of any criminal charge against the inmate.

B.Classification Board Policies

1.The Director or designee makes the final determination as to the approval or denial of an individual’s furlough, accompaniment necessary, and the extent of the activities in any and all communities.

2.No inmate is eligible to participate in the Furlough Program if s/he has been found guilty of any infraction resulting in the loss of good conduct time during the previous six (6) months. An extensive disciplinary record may result in an extension of the 6-month period (pertains to Category E furloughs).

3.All inmates who participate in the Furlough Program’s Category E are restricted to their residence on their first furloughs. This furlough policy applied to all facilities and does not preclude the possibility of any inmate’s being restricted to his/her residence during future furloughs for an extended period.

4.The Furlough Coordinator has the authority to suspend furloughs for up to five (5) months for minor infractions. If an inmate refuses suspension, s/he may request a disciplinary hearing.

5.At least two (2) unescorted day passes must be completed prior to an inmate’s being eligible for an overnight furlough.

6.Regarding Category A furloughs, medical documentation must be submitted to the Furlough Unit before a decision is made.

7.All inmates returning to the institution from furlough are strip searched.

8.Individuals found guilty of possession of or under the influence of alcohol and/or drugs within the institution shall not participate in the Furlough Program for at least one (1) year from the date of infraction.

9.Individuals found guilty of assault shall not participate in the Furlough Program for at least one (1) year from the date of infraction.

10.Any person charged with escape or a new offense while participating in the Furlough Program shall not be eligible for any future furloughs, except in emergency situations.

11.Transportation for escorted furloughs is provided by uniformed correctional personnel. Exceptions to this rule can only be approved by the Director or Furlough Coordinator.

12.An inmate with no furlough experience who is transferred to another facility must undergo a 30-day suspension evaluation period prior to being granted a furlough.

13.Marriages are not allowed on escorted furloughs. Marriages may be permitted on unescorted furlough according to Minimum Security participation regulations until such time as they are regularly employed. Once the inmates are regularly employed, the Work Release Program rules become effective. The Work Release Program Supervisor or designee confers weekly with the Furlough Coordinator relative to the status of unemployed individuals.

14.Unemployed inmates who are classified to and residing in Work Release continue to be eligible for furloughs according to Minimum Security participation regulations until such time as they are regularly employed. Once the inmates are regularly employed, the Work Release Program rules become effective. The Work Release Program Supervisor or designee confers weekly with the Furlough Coordinator relative to the status of unemployed individuals.

C.Classification Board Procedures

1.Application: Attachment 1 is prepared and signed, in duplicate, by inmate.

a.Both copies are forwarded to the Furlough Coordinator with a signed money transfer slip for processing fee:

(1)Initial application: $2

(2)Scheduled application: $1

(3)Request change from previously submitted application: $1

b.The money transfer slip is made out to Furlough Unit, Rhode Island Department of Corrections.

c.New applications are submitted twenty-one (21) days in advance of the Classification Board date (normally the first Tuesday of the month).

d.Subsequent applications are submitted twenty-one (21) days in advance of requested furlough dates. (Exceptions: Emergency furloughs in Categories A and B.)

e.Emergency furlough applications are submitted to the Furlough Coordinator immediately. If an emergency arises outside of the Furlough Coordinator’s normal work week, the application is submitted to the affected facility’s Superior Officer.

2.Investigation by Furlough Coordinator

a.All furlough requests are investigated by the Furlough Coordinator. (Exceptions: Emergency furlough requests occurring outside of the normal work week.) S/he submits Furlough application and Written Report of Investigation to the Classification Board.

b.Emergency furlough application are investigated immediately. The investigating officer (Furlough Coordinator, if on duty; or affected facility’s Superior Officer) submits a written report to the Director or designee.

c.The investigating officer makes every attempt to obtain the signature of the Director or designee on the Furlough Card. When the Director or designee is not available in person, s/he may give verbal approval for the emergency furlough and authorize the investigating officer to sign the Furlough Card.

3.Classification Board Action

a.The Classification Board considers furlough applications in order of their receipt.

b.Approvals: Approvals of furlough applications are by a vote of at least three (3) members of the Classification Board. The Board also makes recommendations relative to accompaniment and applicable fees.

c.Denials: Reason(s) are denials of furlough application are noted by the Furlough Coordinator on Reports of Decision forms, and copies are delivered to the applicants.

4.Director’s Action

a.Once furlough applications are approved by the Classification Board, the Furlough Coordinator forwards copies of the applications, investigations, and reports of decisions to the Director or designee for final decisions.

b.The Director or designee indicates approval or denial on applications. S/he also notes the conditions of furloughs on the reports of decision forms, if applicable, and returns all forms to the Furlough Coordinator for further action.

5.Counseling Sessions Relative to Approved Applications

a.The Furlough Coordinator meets with each inmate prior to his/her release on an approved furlough. S/he issues a Furlough Identification Card, which contains the signature of the Director or designee, to the inmate. The Furlough Coordinator obtains the inmate’s signature on the Furlough Terms and Conditions from.

b.S/he also arranges for the release of funds allowed to the inmate for the furlough from Inmate Accounts [cash not to exceed fifty dollars ($50) or check] and obtains receipt from inmate for same.

6.Notification of Custodian

a.At least twenty-four (24) hours in advance of furlough release, the Furlough Coordinator gives written notice of the date and commencement and completion times of said furlough to the affected facility’s Superior Officer. (Exceptions: Emergency furloughs). The affected facility’s Superior Officer ensures the information is maintained on the institutional count sheet for the duration of the furlough.

b.In the case of and Emergency Furlough granted by the Director or designee at a time when the Furlough Coordinator is not on duty, it is the responsibility of the affected facility’s Superior Officer to maintain the information required and to forward a written copy of the information to the Furlough Coordinator immediately.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.8 Furloughs for Out-of-State Transfers

A.Out-of-state inmates who are serving their sentences in Rhode Island under conditions of the Interstate Compact Agreement, are subject to the furlough laws of the sending state.

B.All requests for furloughs from out-of-state transfers are forwarded by the Rhode Island Furlough Coordinator to appropriate officials in the sending states for approval. No furlough is granted without the permission of the sending state, consonant with governing statues of that state.

1.Any furlough conducted outside the boundaries of the State of Rhode Island (under the laws of the sending state) is supervised by officials from the sending state. The sending state is also responsible for transportation of the inmate to and from the assigned institution.

2.Furloughs conducted within the confines of the State of Rhode Island are governed by the furlough policies and procedures of the Rhode Island Department of Corrections.

C.Inmates under dual jurisdiction serving concurrent sentences in both Rhode Island and another state are governed by the furlough laws of the State of Rhode Island.

1.Approval for furloughs must be obtained from both states.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

240-RICR-40-00-2 § 2.9 Special Orders / Custody

A.Whenever an inmate is furloughed by the RIDOC, correctional staff ensure:

1.Security Risk Group (SRG) Inmates

a.Furlough Office notifies Director and Special Investigations Unit (SIU).

(1)Director determines appropriate transport personnel, use of restraints, etc.

2.High Security Inmates

a.SIU is notified by Furlough Office.

b.are accompanied by not less than two (2) uniformed Correctional Officers, one of whom is armed at all times.

c.Restraints remain in place during the furlough at all times.

d.State and local police are notified of pending furlough and specific time and place by Superior Officer of facility.

3.Maximum Security, Medium Security and Intake Service Center Inmates

a.are accompanied by not less than two (2) uniformed Correctional Officers, one of whom is armed at all times.

b.Restraints remain in place during the furlough at all times.

c.State and local police are notified at the discretion of the Director or designee by Superior Officer of facility.

4.Use of Restraints for Furlough

a.Four types of restraints are commonly utilized:

(1)Cuffs

(2)Belly chains

(3)Shackles

(4)Knee Braces

b.When determining appropriate method of restraint, the Furlough Coordinator is consulted. Three (3) criteria are evaluated:

(1)Security of Inmate

(2)Prior Furlough Experience

(3)Nature of the Furlough

5.Escorted Furloughs of High Security, Maximum and Medium Security Inmates

a.Inmates will not use telephones.

b.Inmates will not be let out of the vision of the Correctional Officers.

c.Inmates will consume no food.

d.Inmates will consume no beverages.

e.Inmates may not be permitted to leave the general area of furlough purpose. Location of furlough will not be changed except by Furlough Coordinator.

f.There will be no transport in privately owned vehicles (POV).

g.Radio contact will be maintained at all times (portable and mobile).

6.Minimum and Work Release Inmates

a.One (1) non-uniformed Correctional Officer may accompany inmate and provide transportation.

b.Inmates with positive furlough histories may also be transported by family members.

c.No security devices are required.

7.Funeral Visits

a.It is the policy of the RIDOC that escorted funeral home visits are limited to off-hours visitation. Inmate family contact at funeral homes is discouraged.

8.Hospital Security Procedures

a.Security and control of inmates by Correctional Officers is governed by Department Policy 9.37 DOC titled “Security and Control of Inmates at Outside Hospitals”.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-08-28 to 01/04/2022
• Periodic Refile — effective from 2001-12-28 to 08/28/2018

Chapter 50 Fees

Subchapter 00

240-RICR-50-00-1 Fees

240-RICR-50-00-1 § 1.1 Fees Table

DESCRIPTION OF FEE

R.I. Gen. Laws

FEE

Community Confinement*

Supervision Fees

Program Participation Fee

§ 42-56-10(22)

$6.00 per day

§ 42-56-38

Alcohol Monitoring Device

§ 42-56-10(22)

$3.92 per day

§ 42-56-38

*Additional Information for Community Confinement:

Offender agrees to return all monitoring equipment to the Community Confinement Program in the same condition as received. Offender will pay for any lost or damaged equipment according the market value. If offender is returned to the ACI for any reason, s/he understands that is his/her responsibility to have someone return the equipment to the Community Confinement Unit.

Hardship Waiver for indigent offenders are available.

Probation & Parole

Supervision Fees

Non-Electronic Monitoring

§ 42-56-10(22)

$20.00 per month

§ 42-56-38

Electronic Monitoring**

§ 42-56-10(22)

$6.00 per day

§ 42-56-38

**Additional Information for Electronic Monitoring:

Offenders on Electronic Monitoring are not required to also pay the $20 monthly supervision fee.

Hardship Waiver for indigent offenders are available.

Interstate Transfer

Application Fee

§ 42-56-10(22)

$60.00

§ 13-9.1-1.3

Medical Co-Payment

Medical Services

Inmate Initiated Visit / “Sick Call Visit”

§ 42-56-10 (22)

$3.00 per visit

§ 42-56-38

Specialty Care

On-Site Specialist (ENT, podiatrist, oral surgeon, etc)

§ 42-56-10 (22)

$6.00 per visit

§ 42-56-38

(or) $125.00 per year

Off-Site Specialist

§ 42-56-10(22)

$6.00 per visit

§ 42-56-38

Medication

30-Day Supply (or less depending on the prescription)

§ 42-56-10(22)

$3.00

§ 42-56-38

Dental Services***

Dental Visit

§ 42-56-10(22)

$3.00 per visit

§ 42-56-38

Oral Surgeon Visits (On-Site or Off-Site)

§ 42-56-10(22)

$6.00 per visit

§ 42-56-38

Dentures

§ 42-56-10(22)

$70.00

§ 42-56-38

Denture Laboratory Reline, per arch

§ 42-56-10(22)

$35.00

§ 42-56-38

Night Guard

§ 42-56-10(22)

$35.00

§ 42-56-38

***Additional Information for Dental Services:

100% of replacement cost of any dentures lost, damaged, or destroyed, if dentures are less than two (2) years old, except where it has been determined that RIDOC staff was negligent.*

Prosthetic Limbs / Devices / Mechanical Aids****

50% of Acquisition Cost of Limb

§ 42-56-10(22)

not to exceed $250.00

§ 42-56-38

****Additional Information for Prosthetics:

100% of replacement cost of any dentures lost, damaged, or destroyed, if dentures are less than two (2) years old, except where it has been determined that RIDOC staff was negligent.*

Optical Services*****

Optician, Optometrist or Ophthalmologist Visit

§ 42-56-10(22)

$6.00 per visit

§ 42-56-38

Eyeglasses, Lenses or Frames (per year)

§ 42-56-10(22)

$15.00 co-payment

§ 42-56-38

50% of Acquisition Cost of “Specialty” Items

§ 42-56-10(22)

not to exceed $125.00 per item

§ 42-56-38

*****Additional Information for Optical Services:

100% of replacement cost of any dentures lost, damaged, or destroyed, if dentures are less than two (2) years old, except where it has been determined that RIDOC staff was negligent.*

Tinted lenses may be deemed medically necessary by an appropriate medical specialist.

Inmates may not purchase eyeglasses directly from any vendor.

Missed Appointment

Missed Routine Medical or Dental Appointments

§ 42-56-10(22)

$3.00

§ 42-56-38

Missed Specialty Consultation Appointments

§ 42-56-10(22)

$6.00

§ 42-56-38

*Staff negligence is determined by the appropriate administrator (i.e., Warden or designee if custody staff is involved; Associate Director of Health Services (Corrections) if Health Care Services staff is involved.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-08-28 to 01/04/2022