§ 40.1-5.3-1. Facility for incompetent persons and others. (a) The state director of behavioral healthcare, developmental disabilities and hospitals shall maintain appropriate facilities, including the Rhode Island state psychiatric hospital and the Eleanor Slater hospital, for the confinement of persons committed to the director’s custody pursuant to this chapter and shall provide for the proper […]
§ 40.1-5.3-10. Expenses of examination. All the necessary expenses of the examination conducted under § 40.1-5.3-6 shall be paid by the general treasurer, upon the recommendation of the justice who orders the examination. History of Section.P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-10; P.L. 1979, ch. 39, § 1.
§ 40.1-5.3-11. Liability for expenses of maintenance — Action for collection of expenses. The estate of any prisoner transferred pursuant to § 40.1-5.3-7 to the facility provided for in § 40.1-5.3-1 shall be liable for the expense of his or her care and treatment therein. At the request of the fiscal agent of behavioral healthcare, […]
§ 40.1-5.3-12. Investigation of ability to pay for maintenance. It shall be the duty of the fiscal agent to investigate all cases of prisoners transferred pursuant to § 40.1-5.3-7 to the facility provided for in § 40.1-5.3-1 to ascertain whether there is any estate belonging to the prisoners that may be applied to satisfy the […]
§ 40.1-5.3-13. General rights. (a) Every person committed for care and treatment under the provisions of this chapter shall retain certain constitutional and civil rights. The exercise of these rights may be limited only for good cause, and any limitation must be promptly entered into the person’s record. These rights include, but are not limited, […]
§ 40.1-5.3-14. Right to treatment — Treatment plan. Any person who has been committed or transferred to a facility for care and treatment pursuant to this chapter shall have a right to receive the care and treatment that is necessary for and appropriate to the condition for which he or she was committed or transferred […]
§ 40.1-5.3-15. Disclosure of confidential information and records. Information or records compiled or obtained for the purposes of a person’s health care shall remain confidential and may be disclosed only as required for court proceedings or as provided under the provisions of chapter 5 of this title. History of Section.P.L. 1987, ch. 281, § 1.
§ 40.1-5.3-16. Disclosure of rights. A person committed to a facility pursuant to this chapter shall be informed, in writing, of his or her rights upon admission. Copies of statements describing the rights shall be prominently posted in all facilities in which the persons are detained. History of Section.P.L. 1987, ch. 281, § 1.
§ 40.1-5.3-17. Penalties for deprivation of rights — Disciplinary action — Duty to report. (a) Any person who willfully withholds from or denies to a person committed to a facility pursuant to this chapter any of his or her rights as herein granted, shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) […]
§ 40.1-5.3-18. Applicability. The rights and protections contained in §§ 40.1-5.3-13, 40.1-5.3-15, 40.1-5.3-16, and 40.1-5.3-17 shall apply to all persons admitted, committed, or transferred to a facility pursuant to this chapter. History of Section.P.L. 1987, ch. 281, § 1.
§ 40.1-5.3-2. Transfers between state-operated hospitals. Whenever any person committed, transferred, or removed to either the Rhode Island state psychiatric hospital or the Eleanor Slater hospital to the facility provided for in § 40.1-5.3-1 shall have recovered his or her mental health sufficiently, the director may, upon request of the chief executive officer or the […]
§ 40.1-5.3-3. Competency to stand trial. (a) Definitions. As used in this section: (1) “Attorney for the state” means the attorney general, an authorized assistant attorney general, or other person as may be authorized by law to act as a representative of the state in a criminal proceeding. (2) “Competent” or “competency” means mental ability […]
§ 40.1-5.3-4. Commitment of persons acquitted on ground of insanity. (a) Definitions. As used in this section: (1) “Court” means the court in which a defendant was adjudged not guilty of a criminal offense because he or she was insane at the time of its commission. (2) “Director” means the director of the state department […]
§ 40.1-5.3-5. Expenses of examination. All necessary expenses of an examination conducted under the provisions of § 40.1-5.3-3 or 40.1-5.3-4 shall be paid by the general treasurer, upon recommendation of the justice or judge who orders the examination. History of Section.P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-5; P.L. 1979, ch. 39, § […]
§ 40.1-5.3-6. Examination of persons awaiting trial or convicted and imprisoned for crime. On a petition of the director of the department of behavioral healthcare, developmental disabilities and hospitals, or on the petition of the director of the department of corrections, setting forth that any person awaiting trial or convicted of a crime and imprisoned […]
§ 40.1-5.3-7. Hearing on petition. (a) Upon receipt of the petition and appropriate notice to the director, the attorney general, and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The […]
§ 40.1-5.3-8. Duration of order of transfer — Officer to whom directed. An order of transfer entered pursuant to § 40.1-5.3-7 shall be for and during the term of the prisoner’s sentence, and shall be directed to the sheriff, or any of his or her deputies, of the county in which the prisoner stands committed. […]
§ 40.1-5.3-9. Return to confinement. When any person transferred pursuant to § 40.1-5.3-7 has sufficiently recovered his or her mental health, he or she may, upon petition of the director and by order of a judge of the district court or justice of the superior court in his or her discretion, be transferred to the […]
§ 40.1-5.3-9.1. Hearing on petition. (a) Upon receipt of the petition and appropriate notice to the attorney general and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who […]
