(a)  For the purposes stated in this chapter there is incorporated in each city and town a body corporate and politic which shall be known as the municipal detention facility corporation of the municipality. The corporation is a public corporation, which is an instrumentality and agency of the municipality, but has a distinct legal existence from the municipality, and which has purposes that are consistent with the declaration of purpose set out in this chapter, and which has powers that are necessary and incidental to the effectuation of the stated purposes.

Terms Used In Rhode Island General Laws 45-54-1

  • Contract: A legal written agreement that becomes binding when signed.
  • 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

  • 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
  • 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
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(b)  The corporation of any city or town shall not have the authority to transact any business or exercise any powers under this chapter until the city or town council shall by resolution declare that there is a need for the corporation to function in the city or town.

(c)  The corporation of each city or town shall cease to exist unless the city or town council passes the resolution specified in subsection (b) prior to December 31, 1991, the corporation of the municipality has entered into a contract for the operation of a detention facility with the United States Marshals’ Service prior to December 31, 1991, and the site of the detention facility has received all necessary zoning approvals by December 31, 1991.

History of Section.
P.L. 1991, ch. 421, § 1.