reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-1. - Facility for incompetent persons and others.

§ 40.1-5.3-1. Facility for incompetent persons and others.
(a)
The state director of behavioral healthcare, developmental disabilities and hospitals shall maintain appropriate facilities, including the Rhode Island state psychiatric hospital and the Eleanor Slater hospital, for the confinement of persons committed to the director’s custody pursuant to this chapter and shall provide for the proper care, treatment, and restraint of all such persons. All persons now or hereafter committed, pursuant to the provisions of §§ 40.1-5.3-3, 40.1-5.3-4, 40.1-5.3-7, or the provisions of prior law, shall be removed or committed, as the case may be, to the facility into the custody of the director, or the director’s designee, who in turn shall ensure the admission of the person to either the Rhode Island state psychiatric hospital or the Eleanor Slater hospital in the discretion of the director or the director’s designee.
(b)
The cost of care, maintenance, and treatment of persons committed to the custody of the director of behavioral healthcare, developmental disabilities and hospitals, as provided in §§ 40.1-5.3-3 and 40.1-5.3-4, unless otherwise provided for, shall be paid by the person, if the person has any estate, or by the person liable for the person’s support, if such there be; otherwise, the director may maintain without charge or defray the expense of care and treatment of the poor or indigent persons incompetent to stand trial or acquitted on the grounds of insanity.
History of Section.
P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-1; P.L. 1979, ch. 39, § 1; P.L. 1982, ch. 221, § 1; P.L. 2022, ch. 231, art. 11, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-2. - Transfers between state-operated hospitals.

§ 40.1-5.3-2. Transfers between state-operated hospitals.
Whenever any person committed, transferred, or removed to either the Rhode Island state psychiatric hospital or the Eleanor Slater hospital to the facility provided for in § 40.1-5.3-1 shall have recovered his or her mental health sufficiently, the director may, upon request of the chief executive officer or the chief medical officer of either state-operated hospital, discharge the person from the first hospital and then admit the person to the general units of either the Rhode Island state psychiatric hospital or Eleanor Slater hospital, as the case may be.
History of Section.
P.L. 1973, ch. 175, § 2: G.L. 1956, § 26-4-2; P.L. 1979, ch. 39, § 1; P.L. 2022, ch. 231, art. 11, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-5. - Expenses of examination.

§ 40.1-5.3-5. Expenses of examination.
All necessary expenses of an examination conducted under the provisions of § 40.1-5.3-3 or 40.1-5.3-4 shall be paid by the general treasurer, upon recommendation of the justice or judge who orders the examination.
History of Section.
P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-5; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-6. - Examination of persons awaiting trial or convicted and imprisoned for crime.

§ 40.1-5.3-6. Examination of persons awaiting trial or convicted and imprisoned for crime.
On a petition of the director of the department of behavioral healthcare, developmental disabilities and hospitals, or on the petition of the director of the department of corrections, setting forth that any person awaiting trial or convicted of a crime and imprisoned for the crime in the adult correctional institutions is mentally ill and requires specialized mental health care and psychiatric in-patient services that cannot be provided in a correctional facility, a judge of the district court or justice of the superior court may order the examination of the person as in his or her discretion he or she shall deem appropriate.
History of Section.
P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-6; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 231, § 1; P.L. 1987, ch. 576, § 1; P.L. 1989, ch. 542, § 97; P.L. 2013, ch. 279, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-7. - Hearing on petition.

§ 40.1-5.3-7. Hearing on petition.
(a)
Upon receipt of the petition and appropriate notice to the director, the attorney general, and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who is the subject of the petition may testify, confront witnesses, and present evidence.
(b)
If the court having jurisdiction over the case finds by clear and convincing evidence that the person is mentally ill and requires specialized mental health care and psychiatric inpatient services that cannot be provided in a correctional facility, the court may order the transfer of the prisoner from the adult correctional institutions, to be detained in the facility provided for in § 40.1-5.3-1.
History of Section.
P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-7; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 231, § 1; P.L. 1987, ch. 576, § 1; P.L. 1989, ch. 542, § 97; P.L. 2013, ch. 279, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-8. - Duration of order of transfer — Officer to whom directed.

§ 40.1-5.3-8. Duration of order of transfer — Officer to whom directed.
An order of transfer entered pursuant to § 40.1-5.3-7 shall be for and during the term of the prisoner’s sentence, and shall be directed to the sheriff, or any of his or her deputies, of the county in which the prisoner stands committed.
History of Section.
P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-8; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-9. - Return to confinement.

§ 40.1-5.3-9. Return to confinement.
When any person transferred pursuant to § 40.1-5.3-7 has sufficiently recovered his or her mental health, he or she may, upon petition of the director and by order of a judge of the district court or justice of the superior court in his or her discretion, be transferred to the place of his or her original confinement, to serve out the remainder of his or her term of sentence.
History of Section.
P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-9; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 231, § 1; P.L. 1987, ch. 576, § 1; P.L. 1989, ch. 542, § 97; P.L. 2013, ch. 279, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-9.1. - Hearing on petition.

§ 40.1-5.3-9.1. Hearing on petition.
(a)
Upon receipt of the petition and appropriate notice to the attorney general and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who is the subject of the petition may testify, confront witnesses, and present evidence.
(b)
If the court having jurisdiction over the case finds by a preponderance of the evidence that the person has sufficiently recovered his or her mental health, he or she shall, by order of the court having jurisdiction over the case in the court’s discretion, be transferred from the facility as provided for in § 40.1-5.3-1 to the place of his or her original confinement, to serve out the remainder of his or her term of sentence.
History of Section.
P.L. 2013, ch. 279, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-10. - Expenses of examination.

§ 40.1-5.3-10. Expenses of examination.
All the necessary expenses of the examination conducted under § 40.1-5.3-6 shall be paid by the general treasurer, upon the recommendation of the justice who orders the examination.
History of Section.
P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-10; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-11. - Liability for expenses of maintenance — Action for collection of expenses.

§ 40.1-5.3-11. Liability for expenses of maintenance — Action for collection of expenses.
The estate of any prisoner transferred pursuant to § 40.1-5.3-7 to the facility provided for in § 40.1-5.3-1 shall be liable for the expense of his or her care and treatment therein. At the request of the fiscal agent of behavioral healthcare, developmental disabilities and hospitals, the general treasurer, on behalf of the state, shall commence and prosecute to final judgment and execution any necessary and proper action, suit, or proceeding at law or in equity, against the estate of the prisoner for the collection of such expense.
History of Section.
P.L. 1982, ch. 274, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-12. - Investigation of ability to pay for maintenance.

§ 40.1-5.3-12. Investigation of ability to pay for maintenance.
It shall be the duty of the fiscal agent to investigate all cases of prisoners transferred pursuant to § 40.1-5.3-7 to the facility provided for in § 40.1-5.3-1 to ascertain whether there is any estate belonging to the prisoners that may be applied to satisfy the liability established by § 40.1-5.3-11, and any bank or other custodian of the estate belonging to the prisoners shall be required to make discovery thereof upon written demand of the fiscal agent; provided, however, that any information so obtained shall not be disclosed, directly or indirectly, by the fiscal agent to any person except as necessary and proper to carry out the provisions of § 40.1-5.3-11. The fiscal agent shall request that the general treasurer commence and prosecute an action, suit, or proceeding pursuant to § 40.1-5.3-11 whenever he or she determines that an action, suit, or proceeding is appropriate in light of the estate belonging to the prisoner sought to be charged. In determining the appropriateness of an action, suit, or proceeding, the fiscal agent shall consider the effect that execution against the estate would have upon the support and maintenance of those persons, if any, to whom the prisoner sought to be charged is liable for support.
History of Section.
P.L. 1982, ch. 274, § 1; P.L. 1997, ch. 326, § 137.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-13. - General rights.

§ 40.1-5.3-13. General rights.
(a)
Every person committed for care and treatment under the provisions of this chapter shall retain certain constitutional and civil rights. The exercise of these rights may be limited only for good cause, and any limitation must be promptly entered into the person’s record. These rights include, but are not limited, to the following:
(1)
To be visited privately by a personal physician, attorney, clergyperson, or the mental health advocate, and by other persons at all reasonable times;
(2)
To be provided with stationery, writing materials, and postage in reasonable amounts and to have free unrestricted, unopened, and uncensored use of the mail;
(3)
To wear one’s own clothes, keep and use personal possessions, have access to individual storage space for private use, and reasonable access to the telephone to make and receive confidential calls;
(4)
To seek independent examinations and opinions from a psychiatrist or mental health professional of his or her choice;
(5)
To receive and read literature;
(6)
To have access to the mental health advocate upon request;
(7)
Not to participate in experimentation in the absence of the person’s informed, written consent, or if incompetent, upon an order of substituted judgment;
(8)
To freedom from restraint or seclusion, except during an emergency;
(9)
To exercise the rights described in this section without reprisal, including reprisal in the form of denial of any appropriate and available treatment or any right or privilege;
(10)
To have an opportunity for exercise at least one hour each day.
(b)
For the purposes of this section, “emergency” is defined as an imminent threat of serious bodily harm to the patient or to others. A request for informed consent includes a reasonable explanation of the procedure to be followed, the benefits to be expected, the relative advantages of alternative treatments, the potential discomforts and risks, and the right and opportunity to revoke the consent.
History of Section.
P.L. 1987, ch. 281, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-14. - Right to treatment — Treatment plan.

§ 40.1-5.3-14. Right to treatment — Treatment plan.
Any person who has been committed or transferred to a facility for care and treatment pursuant to this chapter shall have a right to receive the care and treatment that is necessary for and appropriate to the condition for which he or she was committed or transferred and from which he or she can reasonably be expected to benefit. Each person shall have an individualized treatment plan. This plan shall be developed by appropriate mental health professionals, including a psychiatrist. Each plan must be developed within ten (10) days of a person’s admission to a facility.
History of Section.
P.L. 1987, ch. 281, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-15. - Disclosure of confidential information and records.

§ 40.1-5.3-15. Disclosure of confidential information and records.
Information or records compiled or obtained for the purposes of a person’s health care shall remain confidential and may be disclosed only as required for court proceedings or as provided under the provisions of chapter 5 of this title.
History of Section.
P.L. 1987, ch. 281, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-16. - Disclosure of rights.

§ 40.1-5.3-16. Disclosure of rights.
A person committed to a facility pursuant to this chapter shall be informed, in writing, of his or her rights upon admission. Copies of statements describing the rights shall be prominently posted in all facilities in which the persons are detained.
History of Section.
P.L. 1987, ch. 281, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-17. - Penalties for deprivation of rights — Disciplinary action — Duty to report.

§ 40.1-5.3-17. Penalties for deprivation of rights — Disciplinary action — Duty to report.
(a)
Any person who willfully withholds from or denies to a person committed to a facility pursuant to this chapter any of his or her rights as herein granted, shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years.
(b)
Any employee of a facility who shall deny to or withhold from any person any right granted him or her by this chapter shall, independently of the above criminal sanctions, be subject to such disciplinary action as the officer in charge shall see fit to impose, after notice, a hearing, and a finding of a violation of the right.
(c)
Any employee who has reasonable cause to believe that an assault or a battery has been committed upon a committed person shall make an immediate report, including the identity of parties and witnesses and details of the incident, to the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee. The director of the department shall cause the report to be investigated immediately and further shall notify the mental health advocate and appropriate law enforcement agencies of the results of the investigation. Any person who fails to make such a report shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500).
History of Section.
P.L. 1987, ch. 281, § 1; P.L. 2012, ch. 254, § 5; P.L. 2012, ch. 264, § 5.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity › Section 40.1-5.3-18. - Applicability.

§ 40.1-5.3-18. Applicability.
The rights and protections contained in §§ 40.1-5.3-13, 40.1-5.3-15, 40.1-5.3-16, and 40.1-5.3-17 shall apply to all persons admitted, committed, or transferred to a facility pursuant to this chapter.
History of Section.
P.L. 1987, ch. 281, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-1. - Mental health services.

§ 40.1-5.4-1. Mental health services.
The department of behavioral healthcare, developmental disabilities and hospitals shall be required to plan, develop, coordinate, and administer a complete, comprehensive, and integrated statewide system of mental health services. The department shall take cognizance of all matters affecting the mental health of the residents of the state, including those in the general population who require periodic, short-term therapeutic services as well as those with serious mental illness. Notwithstanding that, the department’s highest priorities shall be to provide services to residents with serious mental illness; early and ongoing treatment and support for individuals with serious mental illness; and research into the cause and treatment of serious mental illness.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-2. - Division of mental health.

§ 40.1-5.4-2. Division of mental health.
Within the department of behavioral healthcare, developmental disabilities and hospitals, a division of integrated mental health services shall be established to carry out the purposes of this chapter.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-3. - Control and maintenance of state-operated facilities.

§ 40.1-5.4-3. Control and maintenance of state-operated facilities.
The maintenance, management, and control of state-operated facilities for persons with serious mental illness shall be the responsibility of the department of behavioral healthcare, developmental disabilities and hospitals.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-5. - Purposes.

§ 40.1-5.4-5. Purposes.
The purposes of this chapter are as follows:
(1)
To advance the public interest, to promote, safeguard and protect the human dignity, constitutional and statutory rights and liberties, social well-being and general welfare of all residents with serious mental illness of the state;
(2)
To provide or to secure certain social, protective, supportive, rehabilitative, emergency, and other types of appropriate services for adults with serious mental illness;
(3)
To establish, maintain and coordinate a comprehensive, effective, and efficient system of services for persons with serious mental illness;
(4)
To promote the coordination of all available services, both general and specialized, for adults with serious mental illness, under public and private auspices; and
(5)
To ensure that adults with serious mental illness who receive services from agencies or facilities licensed by the department pursuant to § 40.1-24-1 et seq., receive psychiatric, social, rehabilitative, housing assistance, and case-management services as prescribed in an individualized treatment plan, developed with the participation of the adult with serious mental illness, and when possible, his or her family or guardian or interested friend.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-6. - Declaration of policy.

§ 40.1-5.4-6. Declaration of policy.
It is the policy of this state to provide persons with serious mental illness adequate and humane care, that, to the extent possible, while meeting the purposes of rehabilitation and treatment, is:
(1)
Within each person’s own community, recognizing that some services are appropriately provided in facilities that provide services to the entire state;
(2)
Least restrictive of the person’s freedom of movement and ability to function normally in society while being appropriate to the person’s individual capacity and needs;
(3)
Directed toward eliminating the need for services and promoting the person’s independence.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-8. - Admission to mental health services.

§ 40.1-5.4-8. Admission to mental health services.
Persons with serious mental health illness shall be admitted for mental health services under the provisions of this chapter in accordance with the following procedures:
(1)
Any person seeking services from the publicly administered integrated state mental health service system may apply to an approved community mental health program. A parent, guardian, relative, or interested friend of the person may request services from an approved community mental health program.
(2)
After the initial diagnosis and evaluation is completed:
(i)
A determination will be made regarding whether the person has a serious mental illness, and if so, what level of services is initially indicated;
(ii)
An individualized treatment plan for each person shall be established that shall include services that are necessary and appropriate to the person’s condition of serious mental illness;
(iii)
Every effort shall be made to involve the person with serious mental illness, his or her guardian, parent, relative, or interested friend in the creation of the individualized treatment plan; and
(iv)
Each person and his or her guardian shall, upon request, be offered a written copy of an approved individualized treatment plan developed for the person.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-9. - Authority to lease.

§ 40.1-5.4-9. Authority to lease.
Notwithstanding the provisions of § 42-11-2, the department of behavioral healthcare, developmental disabilities and hospitals may make available, on terms and conditions and for the period it deems proper, facilities under its jurisdiction, or space therein, to affiliating nonprofit agencies, provided that the premises are utilized for direct or supportive services to persons who are mentally ill and their families, and/or for education and training of any discipline concerned with the problems of serious mental illness and/or research directed to the problems of serious mental illness.
History of Section.
P.L. 1994, ch. 247, § 1; P.L. 1999, ch. 83, § 107; P.L. 1999, ch. 130, § 107.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-10. - Appropriations.

§ 40.1-5.4-10. Appropriations.
The general assembly shall annually appropriate such sum as it deems necessary to enable the director of behavioral healthcare, developmental disabilities and hospitals to provide or secure services for adults with serious mental illness; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or sums or so much thereof as may be required, from time to time, upon the receipt by him or her of vouchers properly authenticated.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-11. - Rules and regulations.

§ 40.1-5.4-11. Rules and regulations.
The director of behavioral healthcare, developmental disabilities and hospitals, after consultation with agencies and individuals knowledgeable about and concerned with persons with serious mental illness, shall make and promulgate rules and regulations pertaining to services for persons with serious mental illness as specified in this chapter when the services are provided in whole or in part by the use of state and/or federal funds earmarked for persons with serious mental illness.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.4 - Division of Mental Health › Section 40.1-5.4-12. - Other obligations.

§ 40.1-5.4-12. Other obligations.
Nothing in this chapter shall be construed to relieve any agency, state or local, from its obligations to provide services to individuals with serious mental illness.
History of Section.
P.L. 1994, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-6 - Governor’s Council on Mental Health [Repealed.] › Section 40.1-6-1 - — 40.1-6-6. [Repealed.]

§ 40.1-6-1 — 40.1-6-6. [Repealed.]
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-7 - Services for Emotionally Disturbed Children [Repealed.] › Section 40.1-7-1 - — 40.1-7-9. [Repealed.]

§ 40.1-7-1 — 40.1-7-9. [Repealed.]
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8 - Governor’s Committee on Mental Retardation [Repealed.] › Section 40.1-8-1. - [Repealed.]

§ 40.1-8-1. [Repealed.]
History of Section.
P.L. 1978, ch. 368, § 1; P.L. 1999, ch. 83, § 108; P.L. 1999, ch. 105, § 8; P.L. 1999, ch. 130, § 108; P.L. 2001, ch. 180, § 90; P.L. 2006, ch. 216, § 29; repealed by P.L. 2023, ch. 61, § 7, effective June 14, 2023; repealed by P.L. 2023, ch. 62, § 7, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8 - Governor’s Committee on Mental Retardation [Repealed.] › Section 40.1-8-2. - [Repealed.]

§ 40.1-8-2. [Repealed.]
History of Section.
P.L. 1978, ch. 368, § 1; repealed by P.L. 2023, ch. 61, § 7, effective June 14, 2023; repealed by P.L. 2023, ch. 62, § 7, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8 - Governor’s Committee on Mental Retardation [Repealed.] › Section 40.1-8-3. - [Repealed.]

§ 40.1-8-3. [Repealed.]
History of Section.
P.L. 1978, ch. 368, § 1; repealed by P.L. 2023, ch. 61, § 7, effective June 14, 2023; repealed by P.L. 2023, ch. 62, § 7, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8 - Governor’s Committee on Mental Retardation [Repealed.] › Section 40.1-8-4. - [Repealed.]

§ 40.1-8-4. [Repealed.]
History of Section.
P.L. 1978, ch. 368, § 1; repealed by P.L. 2023, ch. 61, § 7, effective June 14, 2023; repealed by P.L. 2023, ch. 62, § 7, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8 - Governor’s Committee on Mental Retardation [Repealed.] › Section 40.1-8-5. - [Repealed.]

§ 40.1-8-5. [Repealed.]
History of Section.
P.L. 1978, ch. 368, § 1; repealed by P.L. 2023, ch. 61, § 7, effective June 14, 2023; repealed by P.L. 2023, ch. 62, § 7, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8 - Governor’s Committee on Mental Retardation [Repealed.] › Section 40.1-8-6. - [Repealed.]

§ 40.1-8-6. [Repealed.]
History of Section.
P.L. 1978, ch. 368, § 1; repealed by P.L. 2023, ch. 61, § 7, effective June 14, 2023; repealed by P.L. 2023, ch. 62, § 7, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8.5 - Community Mental Health Services › Section 40.1-8.5-1. - Policy and purpose.

§ 40.1-8.5-1. Policy and purpose.
(a)
The state recognizes that children and adults with mental disabilities are entitled to appropriate, accessible, and adequate mental health services in the least restrictive environment that appropriately can serve their needs.
(b)
The state recognizes private, nonprofit community mental health centers that provide mental health services to children and adults with mental disabilities, and it is the policy of the state to support these mental health centers as an adjunct and alternative to inpatient services. The state shall fund community mental health centers and shall provide a mechanism by which the state and local governments share responsibility for ensuring community mental health services to mentally disabled children and adults and/or those who are unable to pay for mental health services.
History of Section.
P.L. 1993, ch. 390, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8.5 - Community Mental Health Services › Section 40.1-8.5-2. - Definitions.

§ 40.1-8.5-2. Definitions.
As used in this chapter:
(1)
“Audit” means an annual financial accounting of a center’s financial situation, conducted by a certified public accountant, within one hundred twenty (120) days from the end of the center’s fiscal year, and that includes, for the year reviewed and the immediate preceding year, full financial disclosure of the center’s assets, liabilities, fund balances, revenues, and expenditures by program, and a verification of matchable funds for the year reviewed.
(2)
“Board” means the community mental health board created pursuant to this chapter as the governing body of the community mental health center.
(3)
“Center” means the community mental health center which is a local, nonprofit entity organized and incorporated pursuant to the laws of the state, governed by a board, and recognized by the department of behavioral healthcare, developmental disabilities and hospitals as the community mental health center for a designated mental health service area.
(4)
“Department” means the state department of behavioral healthcare, developmental disabilities and hospitals.
(5)
“Director” means the director of the state department of behavioral healthcare, developmental disabilities and hospitals.
(6)
“Fiscal year” means the fiscal year used by the state.
(7)
“Matching grant funds” means state funds in an amount up to and not more than four dollars ($4.00) for each dollar of matchable funds, certified and budgeted in accordance with this chapter. Matching grant funds excludes, but may be in addition to, other funds provided by the state for mental health services.
(8)
“Mental disability” means any mental disorder in which the capacity of the person to exercise self-control or judgment in the conduct of his or her affairs and social relations or to care for his or her personal needs is impaired.
(9)
“Mental health services” means those services provided to mentally disabled children and adults and shall include, but not be limited to, psychiatric, medical, nursing, psychological, social, rehabilitative, and support services provided in the prevention, diagnosis, treatment, and follow-up of mental disabilities, and in addition, may include those services designed to prevent mental disabilities or be of a consultative, informational, or educational nature about mental disabilities.
(10)
“Mental health service area” herein also referred to as “service area,” means the geographical area within the boundaries of cities and towns, as designated by the director.
(11)
“Participating municipalities” means those cities and towns that provide funds to a particular community mental health center for mental health services and receive matching grant-fund-supported services from that community mental health center.
History of Section.
P.L. 1993, ch. 390, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8.5 - Community Mental Health Services › Section 40.1-8.5-3. - Matchable funds.

§ 40.1-8.5-3. Matchable funds.
(a)
Matchable funds are those dollars received, whether through a grant by a center for the general provision of mental health services, excluding funds for capital expenditures, and received from one or more of the following:
(1)
Individual or business charitable gifts;
(2)
Community fund raising net dollars;
(3)
Unrestricted donations;
(4)
A participating municipality.
(b)
The director may authorize a center to include as matchable funds those federal funds the center received directly from the federal government for the provision of mental health services when:
(1)
The director determines that without the inclusion of federal funds provided, mental health services to the uninsured or to high-risk populations in the center’s service area will be seriously deficient or disrupted; and
(2)
The federal funds are not subject to statutory or regulatory restrictions or requirements that would prevent their use as matchable funds.
History of Section.
P.L. 1993, ch. 390, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8.5 - Community Mental Health Services › Section 40.1-8.5-4. - Community mental health boards — Composition.

§ 40.1-8.5-4. Community mental health boards — Composition.
Each community mental health center shall be governed by a board composed of at least nine (9) members of recognized ability and/or interest in the problems of mental health and substance abuse. Community mental health boards referred to in this chapter shall be incorporated under the laws of Rhode Island and governed by their bylaws. Members of the community mental health boards shall be derived through nonprofit corporation structures. The membership of each board shall reflect, as much as possible, the diversity of the center’s mental health service area and the consumers it serves.
History of Section.
P.L. 1993, ch. 390, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8.5 - Community Mental Health Services › Section 40.1-8.5-5. - Powers and duties of community mental health boards.

§ 40.1-8.5-5. Powers and duties of community mental health boards.
Subject to the provisions of this section and the rules and regulations of the director, each board shall:
(1)
Identify the mental health service needs of its service area population;
(2)
Assess the mental health services available to meet the mental health needs within its service area;
(3)
Review and evaluate the mental health services provided by its center;
(4)
Ensure that the mental health services offered by its center with matchable funds and match address the identified mental health service needs of the service area to the maximum extent possible within the limits of the appropriated and allocated matching grant funds;
(5)
Be available to the department to plan and coordinate the development and delivery of mental health services within its service area;
(6)
Prepare and approve a plan and budget, prepared in accordance with department requirements, for the delivery of mental health services to be provided by its center with resources, including, but not limited to, matchable funds and matching grant funds; the plan and budget to be submitted annually to the department for its approval;
(7)
Develop and implement a mechanism by which its center’s consumers and family members of its consumers participate in the overall goals, objectives, and methods of the center, as reflected in its plan;
(8)
Solicit public and private financial support for mental health services provided by its center;
(9)
Promote and approve contractual agreements with other state, federal, local, and private agencies, e.g., social service, judicial, health, and education entities, as it deems necessary;
(10)
Employ the executive administrator of its center and, in the event such a position is vacant, assume the functions of that position;
(11)
Arrange for and review its center’s audit;
(12)
Ensure that funds available pursuant to this chapter are used to provide mental health services to those who do not have the ability to pay and that each client’s eligibility to receive public or private assistance is exhausted prior to the expenditure of state and local monies available pursuant to this chapter.
History of Section.
P.L. 1993, ch. 390, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8.5 - Community Mental Health Services › Section 40.1-8.5-6. - Appropriation and allocation of matching grant funds.

§ 40.1-8.5-6. Appropriation and allocation of matching grant funds.
(a)
The state’s appropriations for the department shall be sufficient to provide matching grant funds as defined in this chapter.
(b)
Matching grant funds shall be allocated annually to each board by the department, in accordance with this chapter, and shall be based on the plan and budget for the funding period submitted to the department by the board and the matchable funds received and certified in its audit for the next to last year preceding the funding year.
History of Section.
P.L. 1993, ch. 390, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-8.5 - Community Mental Health Services › Section 40.1-8.5-7. - Power and duties of director.

§ 40.1-8.5-7. Power and duties of director.
In addition to the powers and duties delineated elsewhere in this chapter and other powers and duties already conferred by law, the director shall:
(1)
Promulgate administrative and fiscal regulations necessary to carry out the requirements of this chapter;
(2)
Plan and coordinate, with the assistance of the boards, the development and delivery of comprehensive mental health services within each service area;
(3)
Establish guidelines for general evaluation procedures to ensure program quality;
(4)
Review each board’s overall plan and budget and approve the expenditure of department funds;
(5)
Provide consultative staff services to each board, as needed;
(6)
Require assurances from each board that no persons within its area are denied service on the basis of race, creed, color, gender, age, disability, or sexual preference;
(7)
Require assurances from each board that no person will be denied service based on the person’s ability to pay, contingent upon the availability of resources;
(8)
Require assurances from each board that hiring of staff, full or part-time, is done without discrimination on the basis of race, creed, color, gender, age, disability, sexual preference, or political affiliation and is in compliance with state and federal laws;
(9)
Provide qualified department personnel under the supervision of the director to monitor implementation of this chapter.
History of Section.
P.L. 1993, ch. 390, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-9 - Interstate Compact on Mental Health › Section 40.1-9-2. - Compact administrator.

§ 40.1-9-2. Compact administrator.
The fiscal agent in the department of behavioral healthcare, developmental disabilities and hospitals shall be the compact administrator and authorized to carry out all of the powers and duties set forth in the compact, provided, that the duties set forth in the compact shall not be in diminution of the duties or powers of the fiscal agent.
History of Section.
R.P.L. 1957, ch. 20, § 2; Reorg. Plan No. 1, 1970; G.L. 1956, § 26-6-2; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-9 - Interstate Compact on Mental Health › Section 40.1-9-3. - Payments by state.

§ 40.1-9-3. Payments by state.
The compact administrator, subject to the approval of the chief state fiscal officer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History of Section.
R.P.L. 1957, ch. 20, § 4; G.L. 1956, § 26-6-3; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-10 - Interstate Compact on the Mentally Disordered Offender [Repealed.] › Section 40.1-10-1 - — 40.1-10-4. [Repealed.]

§ 40.1-10-1 — 40.1-10-4. [Repealed.]
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-1. - Developmental disabilities services.

§ 40.1-21-1. Developmental disabilities services.
The department of behavioral healthcare, developmental disabilities and hospitals shall be required to plan, develop, coordinate, and administer a complete, comprehensive, and integrated statewide program for developmentally disabled adults.
History of Section.
P.L. 1967, ch. 223, § 1; P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-1; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 181, § 2; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-2. - Division of developmental disabilities established.

§ 40.1-21-2. Division of developmental disabilities established.
There shall be established a division of developmental disabilities within the department of behavioral healthcare, developmental disabilities and hospitals to carry out the intent and purposes of this chapter. There shall be an executive director of the division of developmental disabilities within the department who shall serve as the chief executive of the division.
History of Section.
P.L. 1967, ch. 223, § 1; P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-2; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 181, § 2; P.L. 1993, ch. 120, § 2; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-2.1. - Change of former name.

§ 40.1-21-2.1. Change of former name.
Whenever in any existing law, regulation, or document, reference is made to the “division of retardation and developmental disabilities,” the term “division of developmental disabilities” shall be used in lieu thereof.
History of Section.
P.L. 1993, ch. 120, § 6.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-4.1. - [Repealed.]

§ 40.1-21-4.1. [Repealed.]
History of Section.
P.L. 1983, ch. 158, § 1; Repealed by P.L. 1987, ch. 181, § 3, effective January 1, 1988.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-4.2. - Declaration of purpose.

§ 40.1-21-4.2. Declaration of purpose.
There is presently no single state agency that provides or secures services that many developmentally disabled citizens may require. Therefore, the purposes of this chapter are as follows:
(1)
To establish a division of developmental disabilities within the department of behavioral healthcare, developmental disabilities and hospitals;
(2)
To advance the public interest, to promote, safeguard, and protect the human dignity, constitutional and statutory rights and liberties, social well-being, and general welfare of all developmentally disabled citizens of the state;
(3)
To provide or to secure certain social, protective, and other types of appropriate services for all developmentally disabled citizens;
(4)
To promote the coordination of all available services, both generic and specialized, for all developmentally disabled citizens under public and private auspices;
(5)
To ensure that all developmentally disabled adults in this state receive developmental, supportive, and ancillary services as prescribed in an individualized program plan, developed with the participation of the developmentally disabled person and his or her family or guardian or advocate; and
(6)
To promote a comprehensive system to support the families of developmentally disabled adults in their own homes and environments, and to encourage families to maintain their developmentally disabled relatives in their own homes when appropriate.
History of Section.
P.L. 1987, ch. 181, § 4; P.L. 1993, ch. 120, § 4; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-4.4. - [Repealed.]

§ 40.1-21-4.4. [Repealed.]
History of Section.
P.L. 1993, ch. 244, § 2; Repealed by P.L. 2008, ch. 100, art. 17, § 11, effective June 26, 2008.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-5. - [Repealed.]

§ 40.1-21-5. [Repealed.]
History of Section.
P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-5; P.L. 1979, ch. 39, § 1; Repealed by P.L. 1995, ch. 122, § 1, effective July 1, 1995.