Rhode Island General Laws 40.1-5-34. Exclusiveness of this chapter
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Where under any provision of any existing law, except in the case of a person held under criminal process, or under process of the family court for an act that would be considered a crime if committed by an adult, any person with psychiatric disability, as defined in this chapter, shall have recourse to or be dealt with as provided in this chapter, exclusively. This section shall prevail notwithstanding the provisions of § 14-1-5(1)(v).
History of Section.
P.L. 1966, ch. 100, § 1; G.L. 1956, § 40-20-20, Reorg. Plan No. 1, 1970; G.L. 1956, § 40.1-5-20; P.L. 1974, ch. 119, § 1; P.L. 1997, ch. 326, § 136; P.L. 2022, ch. 231, art. 11, § 7, effective June 27, 2022.
Terms Used In Rhode Island General Laws 40.1-5-34
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Psychiatric disability: means a mental disorder in which the capacity of a person to exercise self-control or judgment in the conduct of the person's affairs and social relations, or to care for the person's own personal needs, is significantly impaired. See Rhode Island General Laws 40.1-5-2
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC