§ 42-56-10 - Powers of the director.
SECTION 42-56-10
§ 42-56-10 Powers of the director. –In addition to exercising the powers and performing the duties, which areotherwise given to him or her by law, the director of the department ofcorrections shall:
(1) Designate, establish, maintain, and administer thosestate correctional facilities that he or she deems necessary, and maydiscontinue the use of those state correctional facilities that he or she deemsappropriate for that action;
(2) Maintain security, safety, and order at all statecorrectional facilities, utilize the resources of the department to preventescapes from any state correctional facility, take all necessary precautions toprevent the occurrence or spread of any disorder, riot, or insurrection of anystate correctional facility, including, but not limited to, the development,planning, and coordination of emergency riot procedures, and take suitablemeasures for the restoration of order;
(3) Establish and enforce standards for all statecorrectional facilities;
(4) Supervise and/or approve the administration by theassistant directors of the department;
(5) Manage, direct, and supervise the operations of thedepartment;
(6) Direct employees in the performance of their officialduties;
(7) Hire, promote, transfer, assign, and retain employees andsuspend, demote, discharge, or take other necessary disciplinary action;
(8) Maintain the efficiency of the operations of thedepartment;
(9) Determine the methods, means, and personnel by whichthose operations of the department are to be conducted;
(10) Relieve employees from duties because of lack of work orfor other legitimate reasons;
(11) Establish, maintain, and administer programs, including,but not limited to, education, training, and employment, of persons committedto the custody of the department, designed as far as practicable to prepare andassist each person to assume the responsibilities and exercise the rights of acitizen of this state;
(12) Establish a system of classification of personscommitted to the custody of the department for the purpose of developingprograms for each person;
(13) Determine at the time of commitment, and from time totime thereafter, the custody requirements and program needs of each personcommitted to the custody of the department and assign or transfer those personsto appropriate facilities and programs;
(14) Establish training programs for employees of thedepartment;
(15) Investigate grievances and inquire into allegedmisconduct within the department;
(16) Maintain adequate records of persons committed to thecustody of the department;
(17) Establish and maintain programs of research, statistics,and planning, and conduct studies relating to correctional programs andresponsibilities of the department;
(18) Utilize, as far as practicable, the services andresources of specialized community agencies and other local community groups inthe development of programs, recruitment of volunteers, and dissemination ofinformation regarding the work and needs of the department;
(19) Make and enter into any contracts and agreementsnecessary or incidental to the performance of the duties and execution of thepowers of the department, including, but not limited to, contracts to renderservices to committed offenders, and to provide for training or education forcorrectional officers and staff;
(20) Seek to develop civic interest in the work of thedepartment and educate the public to the needs and goals of the correctionsprocess;
(21) Expend annually in the exercise of his or her powers,performance of his or her duties, and for the necessary operations of thedepartment those sums that may be appropriated by the general assembly; and
(22) Make and promulgate necessary rules and regulationsincident to the exercise of his or her powers and the performance of his or herduties, including, but not limited to, rules and regulations regardingnutrition, sanitation, safety, discipline, recreation, religious services,communication, and visiting privileges, classification, education, training,employment, care, and custody for all persons committed to correctionalfacilities.
(23) Make and promulgate regulations to provide:
(a) Written notice to licensed nursing facilities, licensedassisted living residences, and housing for the elderly whenever a personseeking to reside in one of these facilities or residences is being released onparole for any of the following offenses: murder, voluntary manslaughter,involuntary manslaughter, first degree sexual assault, second degree sexualassault, third degree sexual assault, assault on persons sixty (60) years ofage or older, assault with intent to commit specified felonies (murder,robbery, rape, or burglary), felony assault, patient abuse, neglect ormistreatment of patients, burglary, first degree arson, felony larceny orrobbery;
(b) A risk assessment process to identify and recommendsafety or security measures necessary for the protection of other residents orclients including whether the parolee should be prohibited from residing in anysuch facility or residence or segregated from other residents or clients toprotect the security and safety of other residents;
(c) The written notice to licensed nursing facilities,assisted living residences, or housing for the elderly shall include chargeinformation and disposition about the offense for which the resident or clienthas been paroled, contact information for the resident's or client's parolesupervisor, a copy of the risk assessment and recommendations, if any,regarding safety and security measures. A copy of the written notice shall beprovided to the parolee; and
(d) A process for notifying the appropriate state regulatoryagency and the state long-term care ombudsman whenever notice as required insubdivision 42-56-10(23)(a) above has been given.
(24) Notwithstanding the enumeration of the powers of thedirector as set forth in this section, and notwithstanding any other provisionof the general laws, the validity and enforceability of the provisions of acollective bargaining agreement shall not be contested, affected, ordiminished, nor shall any arbitration award be vacated, remanded or set asideon the basis of an alleged conflict with this section or with any otherprovision of the general laws.