§ 42-11-21 - Division of sheriffs.
SECTION 42-11-21
§ 42-11-21 Division of sheriffs. –(a) Division established. A division of sheriffs is hereby establishedwithin the department of administration. This division shall be responsible forstatewide activities assigned by law which relate to the duties and functionsof the sheriffs of the several counties. The division also shall be responsiblefor all statewide activities assigned by law which relate to the duties andfunctions of state marshals. Among its other responsibilities, the divisionshall also be responsible for courtroom security and cellblocks in all statecourthouses, training of personnel, transportation of individuals charged withcrimes, and special operations.
(1) The division of sheriffs shall have the following powersand duties:
(i) To provide and maintain security for judges at all statecourts;
(ii) To provide and maintain security in all courtrooms andother public areas within state courthouses;
(iii) To provide and maintain security in the cellblocks inall state courts, and exercise all powers as required and prescribed in allother provisions of the general laws and public laws relating to the powers andduties of sheriffs.
(2) The division of sheriffs shall also have the followingpowers and duties previously performed by the Rhode Island marshals:
(i) To be responsible for transportation statewide ofprisoners to and from police departments, the adult correctional institutions,all courthouses, and other places of detention;
(ii) To transport persons arrested by state and local policedepartments to places of detention; provided, however, nothing in thissubsection shall prevent state and local police departments from transportingthose persons;
(iii) To supervise the conduct of and maintain order anddiscipline of the prisoners in their custody;
(iv) To be responsible for the custody and safety ofprisoners while being transported to and from court sessions, places ofdetention, and outside hospitals prior to commitment to the adult correctionalinstitutions;
(v) To be responsible for the custody and security ofprisoners detained in the cellblock areas in the Kent County courthouse andProvidence County superior courthouse and for the security of these prisonersduring the hearing of their cases, and while in outside hospitals prior tocommitment to the adult correctional institutions;
(vi) To be responsible for the safety and welfare ofprisoners in their custody;
(vii) To provide all security in connection withtransportation in the execution of extraditions, including, but not limited to,warrants, IAD (Interstate Agreement on Detainers), arrest affidavits,interstate compact extradition, and criminal detainers; and
(viii) To carry firearms as prescribed.
(c) Administration and organization. The director ofthe department of administration shall appoint with the consent of the governoran administrator, an executive high sheriff, and sheriffs and chief deputysheriffs for the division of sheriffs, each to be appointed to a ten (10) yearterm. The sheriffs and chief deputy sheriffs shall be appointed to each of thecounties. The director of the department of administration shall appoint deputysheriffs and other necessary classifications, subject to the appropriationprocess, to provide assistance in the areas of courthouse and cellblocksecurity, transportation of prisoners, staff training and special operations.Special operations include, but shall not be limited to, transportation ofhigh-risk inmates, extraditions, the execution of criminal warrants,prosecution and mutual aid to the police departments of the cities and towns.This special operations unit initially will be comprised of personneltransferred from the Rhode Island state marshals. All employees in the divisionof sheriffs shall be in the unclassified service.
(1) The director of administration, with the approval of thegovernor, subject to the appropriation process, shall make the determination ofthe number of positions, personnel, property, allocations and other funds ofthe sheriffs of the several counties and the department of corrections whichshall be transferred to the department of administration.
(2) In order to ensure continuity of the functions providedby sheriffs and marshals, the actual transfer of functions or any part of thosefunctions may be postponed by the director until such time as the directordeems appropriate; provided, however, the transfer of functions shall becompleted within three (3) years.