reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 1 - Use of Restraints on Pregnant Detainees or Inmates (240-RICR-30-00-1) › Section 240-RICR-30-00-1.3 - Policy

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 1 - Use of Restraints on Pregnant Detainees or Inmates (240-RICR-30-00-1) › Section 240-RICR-30-00-1.4 - General Restraint Procedures

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 1 - Use of Restraints on Pregnant Detainees or Inmates (240-RICR-30-00-1) › Section 240-RICR-30-00-1.5 - Transport, Labor and Delivery Restraint Procedures

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 1 - Use of Restraints on Pregnant Detainees or Inmates (240-RICR-30-00-1) › Section 240-RICR-30-00-1.6 - Removal of Restraints

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 1 - Use of Restraints on Pregnant Detainees or Inmates (240-RICR-30-00-1) › Section 240-RICR-30-00-1.7 - Reporting Requirements

Current through June 14, 2024
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/designeeand 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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 1 - Use of Restraints on Pregnant Detainees or Inmates (240-RICR-30-00-1) › Section 240-RICR-30-00-1.8 - Notice

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 2 - Inmate Telephone Privileges / Monitoring (240-RICR-30-00-2) › Section 240-RICR-30-00-2.1 - Authority

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 2 - Inmate Telephone Privileges / Monitoring (240-RICR-30-00-2) › Section 240-RICR-30-00-2.2 - Purpose

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 2 - Inmate Telephone Privileges / Monitoring (240-RICR-30-00-2) › Section 240-RICR-30-00-2.3 - Policy

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 2 - Inmate Telephone Privileges / Monitoring (240-RICR-30-00-2) › Section 240-RICR-30-00-2.4 - Notification

Current through June 14, 2024
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
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 2 - Inmate Telephone Privileges / Monitoring (240-RICR-30-00-2) › Section 240-RICR-30-00-2.5 - Inmate Telephone System Number Request Form

Current through June 14, 2024
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
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 30 - Security › Subchapter 00 - N/A › Part 2 - Inmate Telephone Privileges / Monitoring (240-RICR-30-00-2) › Section 240-RICR-30-00-2.6 - Changes to Inmate Telephone Number Lists

Current through June 14, 2024
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
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 1 - Parolee Assisted Living (240-RICR-40-00-1) › Section 240-RICR-40-00-1.1 - Authority

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 1 - Parolee Assisted Living (240-RICR-40-00-1) › Section 240-RICR-40-00-1.2 - Purpose

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 1 - Parolee Assisted Living (240-RICR-40-00-1) › Section 240-RICR-40-00-1.3 - Policy

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 1 - Parolee Assisted Living (240-RICR-40-00-1) › Section 240-RICR-40-00-1.4 - Intake / Assessment / Notification

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 1 - Parolee Assisted Living (240-RICR-40-00-1) › Section 240-RICR-40-00-1.5 - Ongoing Monitoring / Supervision

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.1 - Authority

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.2 - Purpose

Current through June 14, 2024
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).
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.3 - Policy

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.5 - Social Furloughs (Category "E")

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.6 - General Conditions of Unaccompanied Furloughs

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.7 - Classification Board

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.8 - Furloughs for Out-of-State Transfers

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 240 - Department of Corrections › Chapter 40 - Community Corrections › Subchapter 00 - N/A › Part 2 - Inmate Furloughs (240-RICR-40-00-2) › Section 240-RICR-40-00-2.9 - Special Orders / Custody

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.1 - Authority

Current through June 14, 2024
These rules of practice and procedure ("Rules") are adopted
					 pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35)
					 for the purpose of assisting the Batterers Intervention Program Standards
					 Oversight Committee ("Committee") in carrying out the functions, powers, and
					 duties assigned to it by statutory authority (Domestic Violence Prevention Act,
					 R.I. Gen. Laws §§
										12-29-5 and 12-29-5.1-3). Issues not addressed in these Rules or for which a party
					 seeks clarification are to be considered in the context of R.I. Gen. Laws
					 Chapter 12-29. The Committee is authorized to establish and appoint such
					 subcommittees, task forces, focus groups, and advisory committees as it deems
					 necessary from time to time to carry out its duties; and the Committee shall
					 promulgate its rules of procedure governing its operations in accordance with
					 the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 (R.I. Gen. Laws
					 §
										12-29-5.3).
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.3 - Provisional Certification

Current through June 14, 2024
1.3.1
Description
A. Agencies or individuals
				 seeking to become provisionally certified as batterers intervention programs
				 shall submit an application and accompanying documentation to the Review
				 Subcommittee of the BIPSOC. Applications shall be screened and representatives
				 of the Oversight Committee shall attempt to resolve any incomplete, unclear or
				 inconsistent items. Programs must be able to demonstrate through detailed
				 documentation that they are in compliance with the statutory program
				 requirements and with standards related to curriculum, staff qualifications,
				 group format, program fee structure, and other standards specified in the
				 provisional application.
B. Only
				 after the Oversight Committee has conferred an award of provisional
				 certification shall the program become eligible to receive referrals and
				 provide batterers intervention services to court mandated domestic violence
				 offenders whose cases are adjudicated or filed in accordance with the terms of
				 R.I. Gen. Laws §
											12-29-5.
				 During the interim period of provisional status, the agency is expected to
				 complete compliance with each of the Comprehensive Standards and to establish
				 batterers groups, a sample of which the Review Subcommittee will then observe.
				 On or before the expiration of provisional certification, and in order to
				 qualify for comprehensive certification, the agency must demonstrate to the
				 satisfaction of the Oversight Committee that it has met all of the
				 Comprehensive Standards.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.4 - Comprehensive Certification

Current through June 14, 2024
1.4.1
Description
Agencies or individuals seeking comprehensive certification
					 as batterers intervention programs shall submit an application and accompanying
					 documentation to the Review Subcommittee of the BIPSOC; or shall supplement and
					 update as needed the application and documents submitted as part of an
					 immediately preceding provisional certification process.
1.4.2
The Application Process
A. On or before expiration of provisional
				 certification (or extension, if applicable, as described below), the program is
				 responsible for demonstrating and/or affirming compliance with each of the
				 Comprehensive Standards to the satisfaction of the Oversight
				 Committee.
B. In advance of the
				 Oversight Committee meeting at which certification status of a given program
				 will be considered (generally the meeting on or shortly before the expiration
				 date of the current provisional certification), the Review Subcommittee shall
				 discuss with the program representative the preliminary findings as to
				 compliance (and non-compliance) with the Comprehensive Standards, and
				 anticipated recommendations. The program representative shall be offered the
				 opportunity to prepare a response for presentation to the Oversight Committee,
				 if desired.
C. Any duly authorized
				 representative of the applicant program shall have the opportunity to present
				 information, respond to questions, or describe aspects of the program, if
				 desired.
D. While the Review
				 Subcommittee handles most of the preliminary preparation with the applicant
				 programs, final decision-making authority rests with the Oversight
				 Committee.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.5 - Renewed Comprehensive Certification

Current through June 14, 2024
1.5.1
Description:
Programs, agencies or individuals that currently have
					 comprehensive certification in Rhode Island as batterers intervention programs
					 are generally eligible to apply for renewed comprehensive certification. The
					 process, comparable to that described above for provisional and comprehensive
					 certification, involves submitting an application and accompanying
					 documentation to the Review Subcommittee of the BIPSOC. Applications shall be
					 screened and representatives of the Oversight Committee shall attempt to
					 resolve any incomplete, unclear or inconsistent items. Following a detailed
					 review of submitted documents, the Review Subcommittee shall conduct on-site
					 visits to observe the facilitation of sample batterers groups and to review
					 additional program features. As a result of the renewed comprehensive
					 certification application process programs shall be expected to demonstrate and
					 affirm that they are in compliance with each of the Batterers Intervention
					 Program Comprehensive Standards.
1.5.2
The Application Process:
A. In advance of the Oversight Committee
				 meeting at which renewal of certification status of a given program will be
				 considered (generally the meeting on or shortly before the expiration date of
				 the current comprehensive certification), the Review Subcommittee shall discuss
				 with the program representative the preliminary findings as to compliance (and
				 non-compliance) with the Comprehensive Standards, and anticipated
				 recommendations. The program representative shall be offered the opportunity to
				 prepare a response for presentation to the Oversight Committee, if
				 desired.
B. A summary report
				 describing the review process and preliminary findings shall be prepared by the
				 Review Subcommittee and presented to the Oversight Committee, usually with
				 recommendations regarding renewed comprehensive certification. The full
				 application package shall be available at the Oversight Committee meeting for
				 review by members, if needed. Any duly authorized representative of the
				 applicant program shall have the opportunity to present information, respond to
				 questions, or describe aspects of the program, if desired.
C. While the Review Subcommittee handles most
				 of the preliminary preparation with the applicant programs, final
				 decision-making authority rests with the Oversight Committee.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.6 - Exceptions to Provisional Certification

Current through June 14, 2024
A. While the
				 certification process for programs not currently certified usually begins with
				 provisional certification, exceptions may apply when a program already has
				 active batterers groups running. Circumstances include (but may not be limited
				 to) the following:
1. Programs in operation
				 as batterers intervention programs in another jurisdiction may be eligible to
				 apply directly for comprehensive certification if courtesy supervision is not
				 applicable [see §
											1.7     of this Part,
				 Reciprocity] and if the programs affirm that they meet the statutory
				 requirements for certification in Rhode Island.
2. Agencies or programs that are not
				 currently certified in Rhode Island to provide batterers intervention may be
				 eligible to apply for provisional certification
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.7 - Reciprocity

Current through June 14, 2024
1.7.1
Description
Batterers intervention programs that have valid
					 certification (or similar designation) in jurisdictions that have established
					 standards are automatically eligible for courtesy certification in Rhode
					 Island. Reciprocity for programs in jurisdictions without standards shall be
					 determined on the basis of documented compliance with the three (3) statutory
					 minimum standards.
1.7.2
Procedures
A. Any interested
				 person, agency, or program that operates in a state other than Rhode Island,
				 and that seeks to serve one or more batterers who are mandated by R.I. Gen.
				 Laws §
											12-29-5 to attend a program certified by the Batterers Intervention Program Standards
				 Oversight Committee, may be considered for reciprocity.
B. If the other state or jurisdiction has
				 established standards for batterers intervention programs, qualifying programs
				 within that jurisdiction shall automatically be eligible for courtesy
				 certification in Rhode Island. Courtesy certification shall be conferred upon
				 presentation to the Oversight Committee of credible evidence of the program's
				 certification (or similar designation) in the other jurisdiction.
C. Courtesy certification shall only be
				 applicable for individuals who have been adjudicated in Rhode Island and who
				 have been permitted by authority of a Rhode Island court or by Rhode Island
				 Probation and Parole to attend a program in another state.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.8 - Changes in Business Entity

Current through June 14, 2024
A. All
				 comprehensively certified programs experiencing a change in business entity or
				 organizational identity will revert to provisional certification status. This
				 change in certification is essential in order to provide an opportunity to
				 ensure compliance with the Comprehensive Standards.
B. Provisionally certified programs
				 experiencing a change in business entity or organizational identity are
				 required to submit all application documents as a new entity to the Review
				 Subcommittee.
C. Provisionally or
				 comprehensively certified programs experiencing a change in business entity or
				 organizational identity will generally be allowed to continue to provide
				 batterers intervention, in order to facilitate continuity of services to
				 clients; provided, however, that if the Committee shall confirm that a
				 certified program is not in compliance with the comprehensive standards, the
				 Oversight Committee shall reserve the right to revoke or suspend
				 certification.
D. The review
				 process would proceed according to the established guidelines for provisional,
				 comprehensive, or renewed comprehensive certification.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.9 - Suspension and Termination of Certification

Current through June 14, 2024
A. The
				 Committee shall reserve the authority to declare non-certified (and to also
				 notify potential referral sources) any program, agency or individual that has
				 been awarded any certification status (provisional, comprehensive, renewed
				 comprehensive, post-enrollment, courtesy, or any other form of certification
				 status) that the Committee determines to be non-compliant with the applicable
				 standards, or non-operational as a batterers intervention program. Such
				 programs may be deemed ineligible to accept new referrals and/or to continue
				 providing batterers intervention to existing mandated clients.
B. Circumstances shall include but may not be
				 limited to the following:
1. Certification has
				 expired and the program has failed to apply for or satisfactorily complete the
				 requirements for continued certification or extension.
2. Notification by duly authorized
				 representative of the agency (or verified determination by the Committee) that
				 the program has ceased accepting referrals for batterers intervention or has
				 ceased operating as a batterers intervention program, or that it intends to
				 cease operations within a foreseeable time frame.
3. Determination by the Committee that the
				 program is significantly and/or persistently non-compliant with the standards,
				 despite good faith efforts to work with the program to come into
				 compliance.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.12 - Variances

Current through June 14, 2024
1.12.1
Description
A Variance is the means by which a batterers
				 intervention program may request modification of one or more specific standards
				 for a particular identified purpose and within required guidelines, as
				 described below and in the Comprehensive Standards. Variances are intended to
				 be limited in scope and must be compatible with the overall intent of the
				 Comprehensive Standards. Variances are not intended as a means to circumvent or
				 to secure a waiver from existing standards; rather, they establish alternative
				 standards within a specific context. Variances offer batterers intervention
				 programs an opportunity to propose and (if granted) to implement a modified
				 program approach, curriculum content or format to fulfill particular needs that
				 cannot be met within the confines of the established Comprehensive Standards,
				 or that could be met substantially better in a different way without adverse
				 effect. Any variance must be specifically requested by the program, must be
				 justified by the program, and must be shown to have no detrimental effect on
				 the substance of the program.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.13 - Petition for Adoption of Rules

Current through June 14, 2024
1.13.1
Procedures
A. Any interested
				 person may petition the Batterers Intervention Program Standards Oversight
				 Committee to request the promulgation, amendment, or repeal of any of the Rules
				 of Practice and Procedure, or of the Comprehensive Standards for Batterers
				 Intervention Programs, by submitting a request in writing to the Chair of the
				 Batterers Intervention Program Standards Oversight Committee.
B. The request shall specify what rule(s) or
				 standard(s) is the subject of the petition; shall suggest an alternative rule
				 or standard; and shall indicate the reason(s) for the request. The
				 petitioner(s) shall be identified by name, signature, date, and contact
				 address/ telephone. It is requested, but not required, that petitioners
				 identify any affiliation (if applicable) with a batterers intervention program,
				 victim services provider, criminal justice agency, or other entity that has a
				 professional connection to the work of the Batterers Intervention Program
				 Standards Oversight Committee, its Rules of Practice and Procedure, or the
				 Comprehensive Standards for Batterers Intervention Programs.
C. The Chair shall submit such petitions to
				 the Oversight Committee at its next regularly scheduled meeting; provided,
				 however, that if such a meeting is not scheduled within the next thirty (30)
				 days following receipt of the petition (or other time frame specified by R.I.
				 Gen. Laws §
											42-35-6), a special meeting shall be called. Petitioner(s) shall be notified of the
				 date, time, and place of the meeting.
D. Each petition shall be presented to the
				 Oversight Committee for its consideration and disposition. Petitioner(s) shall
				 be invited to provide additional information, if desired. Oversight Committee
				 votes regarding the petition(s) shall be conducted in accordance with the
				 Committee By-Laws.
E. Upon
				 submission of a petition, the Oversight Committee within thirty (30) days (or
				 as specified in R.I. Gen. Laws §
											42-35-6) shall either deny the petition in writing (stating its reasons for the
				 denials) or initiate rule-making proceedings in accordance with R.I. Gen. Laws
				 §
											42-35-3.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.1 - Authority

Current through June 14, 2024
These rules ("Rules") are adopted pursuant to the
					 Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) for the purpose
					 of assisting the Batterers Intervention Program Standards Oversight Committee
					 ("Committee") in carrying out the functions, powers, and duties assigned to it
					 by statutory authority (Domestic Violence Prevention Act, R.I. Gen. Laws
					 §§
										12-29-5 and
					  12-29-5.1 through
					  12-29-5.3).
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.2 - Purpose

Current through June 14, 2024
A. These comprehensive program standards are
				 established for the purpose of guiding the design and monitoring of a batterers
				 intervention program, as referenced in law. The standards are intended to
				 enable individuals and agencies to become familiar with the requirements for
				 being certified as a batterers intervention program; and to enable the duly
				 constituted Oversight Committee to identify, certify, and monitor programs that
				 provide services to court mandated batterers. Effective and ethical services
				 promote the accountability of perpetrators; teach and support perpetrators in
				 learning non-abusive behavior; make every feasible effort to stop perpetrators
				 from committing further abuse; and are committed to participating in a system
				 that furthers the safety of, and accountability to, victims of domestic
				 abuse.
B. The Oversight Committee
				 seeks to exercise its authority in a responsible and responsive manner,
				 providing reasonable assistance to programs that apply for certification and
				 striving for a cooperative relationship with batterers intervention programs.
				 Each of the standards is considered to be important and necessary, but they are
				 the means toward achieving offender accountability, not an end in themselves.
				 The Committee recognizes that effective programming requires some degree of
				 flexibility to address unusual or unforeseen circumstances. An occasional,
				 reasonable exception to a specific standard for cause is not necessarily
				 inconsistent with faithful adherence to the principles underlying the
				 standards.
C. All service providers
				 involved with domestic violence perpetrators or victims, whether the services
				 are directly related to domestic violence or incidental to it, and whether or
				 not criminal charges have been filed, are strongly urged to become aware of the
				 relevant issues, principles, dynamics, and ancillary services in recognition of
				 the specialized nature of intervention for domestic abuse.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.3 - Foundation Principles

Current through June 14, 2024
A. Domestic
				 violence is a crime. The consequences for perpetrators sanctioned pursuant to
				 R.I. Gen. Laws §
										12-29-5 include criminal penalties, and require participation in and completion of a
				 certified batterers intervention program. The principles and goals at the core
				 of programs certified by the Batterers Intervention Program Standards Oversight
				 Committee shall include but not be limited to the following:
1. Batterers are responsible for their own
				 behavior and must be held accountable for that behavior.
2. Violent, threatening, and abusive behavior
				 is purposeful, serving to exercise power and control over another
				 individual.
3. Abusive behavior is
				 a choice; individuals can learn alternatives to abusive behavior and can behave
				 non-abusively.
4. Batterers
				 intervention differs from and is not replaceable by substance abuse treatment,
				 mental health services, family/marital/couples or other counseling.
5. Becoming and remaining non-violent and
				 non-abusive requires a sustained commitment by the abusive person.
6. Those who have been victimized by an
				 abusive person, or who could be victimized, have no legal, moral, ethical, or
				 personal responsibility for the abuser's behavior.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.4 - General Program Responsibilities

Current through June 14, 2024
2.4.1
General
				 Mission
A. Program principles,
				 practices, and organization shall incorporate awareness of and sensitivity to
				 the needs of victims; hold batterers accountable for their own behavior; and
				 report on offender compliance to the criminal justice system.
B. Batterers intervention programs shall have
				 written policies reflective of the basic standards, program requirements,
				 principles, and practices as set forth in this document. Programs shall
				 maintain such written records of activities as needed to document compliance
				 with requirements and standards, and shall provide reasonable access to
				 representatives of the Committee to enable them to observe groups, review
				 documents, and monitor compliance with the standards.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.5 - Program Content

Current through June 14, 2024
Batterers intervention program goals, values, practices,
					 curricula and policies shall reflect the basic principles enumerated in this
					 document and summarized in the Foundation Principles.
2.5.1
Group Format Standards
A. Batterers intervention shall ordinarily be
				 conducted in the context of psycho-educational groups of peers under the
				 leadership of professional Facilitators trained and experienced in such work.
1. Completion of a batterers intervention
				 program requires participation in group sessions over a minimum of twenty (20)
				 weeks with a total of at least forty (40) contact hours. Each participant shall
				 be credited only for time actually in attendance.
2. Fee collection and scheduled breaks shall
				 not be considered contact time for the purpose of completing forty (40) contact
				 hours. Any group time spent in pursuit of these activities must be made up by
				 adjusting the length of the group session or adding group sessions.
3. Group sessions shall be scheduled for one
				 and one half to two (11/2 to 2) hours each in duration, exclusive of fee
				 collection and breaks. Groups shall begin and end at scheduled times, with
				 prohibitions against late arrival and early departure.
4. All groups shall be led by a Seasoned
				 Facilitator. For groups with more than ten (10) participants, a Seasoned
				 Facilitator shall have a co-Facilitator: either another Seasoned Facilitator or
				 a qualified Facilitator Trainee. Maximum group size with two (2) or more
				 Facilitators shall not exceed eighteen (18) members.
a. It is recognized that the occasional
				 illness or unanticipated absence of a co-Facilitator may occur, and/or that
				 occasionally the group size may unexpectedly exceed the maximum. Such
				 exceptions shall not constitute non-compliance for a program and/or group that
				 demonstrates overall adherence to the standards and their underlying
				 principles.
5. All
				 groups shall be comprised of batterers of the same gender.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.6 - Client Enrollment Requirements

Current through June 14, 2024
2.6.1
Identified Problem and Referrals for Other Services
A. Batterers intervention programs shall only
				 serve clients whose needs or problems relate to being the perpetrator of
				 domestic abuse or domestic, interpersonal, or intimate partner
				 violence.
B. Batterers intervention
				 shall not provide services for: marital or couples problems; relationship or
				 personal problems; anger management or impulse control; or substance abuse,
				 mental health or medical needs. (See § 2.6.3 of this Part)
1. A client who is considered inappropriate
				 for group participation based upon any pattern of behavior or any apparent
				 medical, psychiatric, psychological, cognitive, language, communication, or
				 physical condition or limitation deemed likely to interfere with the ability to
				 participate meaningfully in group or interfere with the group process shall be
				 referred to court through the referral source for a determination as to how to
				 address the mandate for batterers intervention. The basis for considering the
				 client inappropriate for group shall be provided to the court, along with
				 potential alternatives, if any. The court shall be requested to determine
				 whether alternative(s) might be acceptable in fulfillment of mandated batterers
				 intervention, or whether batterers intervention by necessity should be waived
				 for individuals functionally unable to participate. The program shall follow
				 the ruling of the court.