Rhode Island General Laws 45-54-6. Powers
Except to the extent inconsistent with any specific provision of this chapter, the corporation has the power:
(1) To sue and be sued, complain, and defend in its corporate name;
(2) To have a seal, which may be altered at pleasure, and to use the seal by causing it or a facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly distinguishable from the seal of any city or town;
(3) To maintain an office at a place or places that it may designate within the boundaries of the city or town whose council established the corporation;
(4) To determine the location and character of any project to be financed under the provisions of this chapter, not inconsistent with local zoning ordinances;
(5) To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to mortgage, lease, or sell any of that property;
(6) To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, including all real, personal, or mixed properties which it may deem necessary in connection with that, and regardless of whether or not the project or projects shall then be in existence or shall then be partially or wholly constructed;
(7) To lease, as lessor, to any person, firm, partnership, or corporation, either public or private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease upon the failure of the lessee to comply with any of the obligations of the lease;
(8) To lease, as lessee, any property, real, personal or mixed, or any interest in property;
(9) To sell, exchange, mortgage, donate, and convey any or all of its properties whenever it finds an action to be in furtherance of the purposes for which the corporation was established;
(10) To grant options to purchase any of its projects on whatever terms it may deem advisable, and to grant options to renew any leases entered into by it in connection with any of its projects on any terms it may deem advisable;
(11) To issue bonds of the corporation for the purpose of carrying out any of its purposes, payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, all as provided in this chapter;
(12) As security for the payment of the principal and interest on any bonds so issued and any agreements made in connection with that, to mortgage and pledge any or all of its projects, or any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of the lease or leases;
(13) To borrow money in anticipation of the issuance of bonds for any of its purposes, and to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized by resolution of the corporation;
(14) To make and enter into all contracts, leases, and other agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; provided, that those contracts, leases, and other agreements with the federal government or other federal agency are governed by federal procurement procedures, and other contracts, leases, or other agreements are governed by the procurement requirements of the municipality, if any.
(15) Without limitation of the preceding, to borrow money from, to receive and accept grants for or in aid of construction or acquisition of projects authorized under this chapter from, and to enter into contracts, leases, or other transactions with, the federal government or any federal agency; and to receive and accept from the state or any municipality, and from any other source, aid or contributions of money, property, labor, or other things of value; to be held, used, and applied only for the purposes for which the grants and contributions may be made;
(16) To combine for financing purposes any two (2) or more projects authorized to be acquired or constructed under the provisions of this chapter;
(17) To employ, in its discretion, attorneys, accountants, architectural and engineering consultants, and other officers, employees, or agents as may be necessary in its judgment, and to fix their compensation;
(18) To acquire in the name of the corporation by purchase or otherwise, on terms and conditions and in the manner that it may deem proper, or by the exercise of the rights of condemnation in the manner provided in § 45-54-9, public or private lands, or parts of them or rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, that all public property damaged in carrying out the powers granted by this chapter is restored or repaired and placed in its original condition as nearly as practicable;
(19) To do all other acts and to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter;
(20) To provide for the care, custody, control and transportation of all detainees or inmates committed to detention or incarceration at any project and to take all necessary steps to maintain security, safety and order, to prevent escapes from any project, to take all necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but not limited to, the development, planning and coordination of emergency riot procedures, and take suitable measures for the restoration of order;
(21) To establish and enforce standards for each project;
(22) To establish and fund training and education programs for employees, under the direction of the warden, the curriculum for which to be approved annually by the police officers’ commission on standards and training, and to hire, promote, transfer, assign, and retain employees for the operation of each project and suspend, demote, discharge, or take other necessary disciplinary action with regard to such employees;
(23) To determine the methods, means, and personnel by which the operation of each project is to be conducted;
(24) To relieve employees of duty because of lack of work or for other legitimate reasons;
(25) To investigate grievances of its employees and to inquire into alleged misconduct by employees;
(26) To make and promulgate necessary rules and regulations incident to the corporation’s exercise of its powers and the performance of the corporation’s duties, including, but not limited to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, communication and visiting privileges, classification, education, training, employment, care, and custody for all persons detained at any project; and
(27) To delegate any or all of the above referenced powers to its duly designated agents, servants, consultants or employees at its discretion, who being so designated may exercise said power(s) on behalf of the corporation.
History of Section.
P.L. 1991, ch. 421, § 1; P.L. 1999, ch. 354, § 53; P.L. 2007, ch. 263, § 1; P.L. 2007, ch. 392, § 1.
Terms Used In Rhode Island General Laws 45-54-6
- Bonds: means any bonds, interim certificates, notes, debentures, or other evidences of indebtedness of the corporation issued pursuant to this chapter;
(2) "Construction" means and includes acquisitions, construction, repair, rehabilitation, development, and installation, and the term "to construct" means and includes, to acquire, to construct, to repair, to rehabilitate, to develop, and to install, all in a manner as may be deemed desirable;
(3) "Corporation" means the municipal detention facility corporation created under this chapter;
(4)(i) "Cost" as applied to any project to be constructed or acquired by the corporation, includes: the cost of acquisition or construction and, if the project consists of public facilities, the cost of acquisition of all land, rights-of-way, property, rights, easements, and interests acquired by the corporation for the construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of estimates and planning, engineering and legal services, plans, specifications, and surveys; estimates of costs and of revenues; other expenses necessary or incident to determining the feasibility or practicability of the construction; administrative expenses; and other expenses as may be necessary or incident to the construction, the financing of the construction, and the placing of the project in operation. See Rhode Island General Laws 45-54-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: means the city or town council of a municipality;
(6) "Detention facility" means land, buildings, or improvements used for the purposes of detaining prisoners in accordance with the provisions of this chapter;
(7) "Director" means one of the members of the corporation appointed in accordance with the provisions of this chapter;
(8) "Federal agency" means and includes the United States of America, and any department of, or any corporation, agency, or instrumentality created, designated, or established by, the United States of America;
(9) "Improvement" means and includes extension, enlargement, and improvement, and the term "to improve" means and includes, to extend, to enlarge, and to improve, all in a manner as may be deemed desirable;
(10) "Municipality" means and includes any city or town within the state now existing or hereafter created;
(11) "Owner" means and includes all individuals, incorporated companies, copartnerships, societies, or associations, and, also, all municipalities and political subdivisions, and all public agencies and instrumentalities, having any title or interest in any property, rights, easements, or franchises authorized to be acquired under the provisions of this chapter;
(12) "Persons" means and includes natural persons, firms, associations, corporations, business trusts, partnerships, and public bodies;
(13) "Project" means any detention facility or public equipment which the corporation is authorized to construct, improve, equip, furnish, maintain, acquire, install, or operate under the provisions of this chapter, and includes all real and personal property related to it;
(14) "Public equipment" means and includes all tangible personal property, new or used, including, without limiting the generality of the preceding, all machinery, equipment, transportation equipment, maintenance equipment, construction equipment, sanitation equipment, police, fire, and public safety equipment, and all other things and rights usually included within that term, including any and all interests in property which are less than full title, as leasehold interests, security interests, and every other interest or right, legal or equitable; provided, that the public equipment is related to and used in connection with a detention facility; and
(15) "State" means and includes the state of Rhode Island, and any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality of the state. See Rhode Island General Laws 45-54-3
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9