News

COVID-19 Update

As Rhode Island prepares to enter phase two of our COVID-19 reopening, I'd like to share the following updates with you. We are all in this together and we'll get through it together. Please stay safe, and as always don't hesitate to reach out to me with any questions or concerns.

  • Anyone who is sick should stay home and self-isolate (unless going out for testing or healthcare).
  • The people who live with that person and who have been in direct close contact with that person should self-quarantine for 14 days after the last day that that person was in isolation. Direct close contact means being within approximately 6 feet of a person for a prolonged period.
  • Help is available for people living in quarantine or isolation due to COVID-19. Visit www.RIDelivers.com for connections to groceries, home supplies, restaurants, and mutual aid groups. People can also call 2-1-1.
  • When people are in public, they should wear a cloth face covering. A cloth face covering is a material that covers the nose and mouth. It could be sewn by hand or improvised from household items such as scarves, T-shirts, or bandanas.
  • Groups of more than five people should not be gathering. Always avoid close personal contact with other people in public.
  • People who think they have COVID-19 should call their healthcare provider. Do not go directly to a healthcare facility without first calling a healthcare provider (unless you are experiencing a medical emergency).
  • People with general, non-medical questions about COVID-19 can visit www.health.ri.gov/covid, write to RIDOH.COVID19Questions@health.ri.gov, or call 401-222-8022.
  • Everyone can help stop the spread of viruses in Rhode Island.
  • Wash your hands often throughout the day. Use warm water and soap. If soap and water are not available, use hand sanitizer with at least 60% alcohol.
  • Cough or sneeze into your elbow.
  • Stay home and do not leave your house if you are sick, unless it is for emergency medical care.
  • Avoid touching your eyes, nose, or mouth. Germs spread this way.
  • Guidelines for business reopenings are being updated daily on www.reopeningri.com.

Assembly requires insurers to cover mastectomies

STATE HOUSE – The General Assembly today approved legislation sponsored by House Majority Leader K. Joseph Shekarchi and Sen. Hanna M. Gallo to ensure that mastectomies are covered by insurance in Rhode Island.

Rhode Island law has set some requirements about what insurance coverage for mastectomies must cover since 2005, but stopped short of actually requiring that insurers cover the procedure.

The sponsors said the expense of the surgery adds to the burdens of people who are already suffering physically and emotionally. The bill eliminates provisions that allow insurers not to cover mastectomies, and also eliminates provisions that say they are allowed to require deductibles and copayments.

“This bill makes it clear that insurers must cover all of the costs of mastectomies, without copays and deductibles,” said Leader Shekarchi (D-Dist. 23, Warwick), who made the bill a top priority this year. “Breast cancer is a very emotional cancer, one that can leave even those who fight it very successfully with a tremendous feeling of loss. That loss should not be compounded by struggles to pay for their treatment, heal and recover their lives.” He said a number of women he knows personally or professionally have told him about being hit with unexpected costs relating to mastectomies, and that their stories made him feel strongly that the current law is not serving Rhode Island well enough.

“We all know someone who has fought breast cancer, and we try to offer them hope, strength and support. Today we are relieving them of a huge financial burden that adds to their struggles. No person who is experiencing breast cancer and has to have a mastectomy should also have to worry about how she is going to pay for it. Insurance should be covering this procedure adequately, so that people fighting cancer can concentrate on their health and not the financial implications of their surgery,” said Senator Gallo (D-Dist. 27, Cranston, West Warwick).

The bill (2018-H 7002A, 2018-S 2224) is supported by the American Cancer Society’s Rhode Island chapter and the Gloria Gemma Breast Cancer Resource Foundation.

Assembly approves Kristen’s Law

STATE HOUSE – With a final vote today, the General Assembly approved Kristen’s Law, a bill sponsored by Speaker Nicholas A. Mattiello and Sen. Hanna M. Gallo to strengthen penalties for dealers who sell fatal drug doses.

The bill (2018-H 7715Aaa, 2018-S 2279B), which now goes to the governor, specifies that any person convicted of unlawfully selling illicit substances that result in a person’s death shall be sentenced to up to life in prison.

“Our state is in the midst of a very serious opioid epidemic, much of which is fueled by powerful fentanyl that is being mixed, unbeknownst to the user, with other drugs. People are dying on a regular basis here in Rhode Island from lethal drugs that, in many cases, they never intended to take. Kristen’s Law is to serve as a strong deterrent to dealers by holding them accountable for profiting from this deadly scourge. It is one element of the multi-faceted effort to address this complicated crisis, and it gives law enforcement a tool they need to do their part,” said Speaker Mattiello (D-Dist. 15, Cranston).

Said Senator Gallo (D-Dist. 27, Cranston, West Warwick), “Rhode Islanders across all walks of life are feeling the impacts of the opioid crisis. I have personally known too many Rhode Islanders who have been devastated during this crisis, including Kristen, who was a friend of my daughter. We need to send a strong, clear message to drug dealers that people are dying as a result of their actions. They need to know that we will hold them criminally responsible for those deaths.”

Rhode Island does not currently have the necessary statute to address all instances of unlawful drug deliveries that result in death. The only provisions of the General Laws that may be applicable to a drug delivery death resulting are first-degree felony murder and second-degree murder, which do not always apply.

Under the bill, controlled substance delivery resulting in death would be a new charge available to prosecutors, although a similar statute already exists for those who provide lethal drugs to minors.

The legislation, which the sponsors introduced at the request of Attorney General Peter F. Kilmartin, is named after Kristen Coutu of Cranston, who died as a result of a deadly dose of fentanyl in 2014. Aaron Andrade, the dealer who sold nearly pure fentanyl to her in what was supposed to be a dose of heroine, pleaded no contest to second-degree murder in her death, becoming the first Rhode Island drug dealer convicted of murder in connection with an overdose death. Coutu’s mother, Sue Coutu, has been a strong advocate for the legislation.

“On behalf of the Office of Attorney General, I want to express our deep gratitude to Sue Coutu for entrusting Kristen’s memory with us and allowing this law to be named after her daughter. Through Sue, we have had the distinct pleasure of getting to know Kristen as the loving and caring young person she was,” said Attorney General Kilmartin. “Nothing can ever fill the empty space in Sue’s heart left by the murder of her daughter. Yet, I hope she can take some comfort in knowing that Kristen’s story helped pass the necessary statute to give police and prosecutors the tools they need to hold drug dealers and drug traffickers who sell fatal drugs criminally liable. I also want to thank Speaker Nicholas Mattiello and Senator Hanna Gallo for their continued advocacy and commitment to pass Kristen’s Law.”

Said Sue Coutu, “I would like to take this opportunity to thank Speaker Mattiello, Senator Gallo, Attorney General Kilmartin and members of his staff, as well as members of the General Assembly who voted affirmatively for passage of Kristen’s Law. It has special meaning for me as it honors the life of my daughter, and those whose lives have been lost to overdose at the hands of a drug dealer or trafficker. My sincere hope is that this law helps to prevent the loss of lives, and the pain and suffering of their loved ones.”

The bill was amended during the legislative process to clarify that its intent is to hold drug traffickers accountable, in order to address concerns that those suffering with substance use disorders would be subject to criminal prosecution, and to clarify that the statute applies to those who sell drugs, not individuals who shared drugs with the victim.

The amendments also made it clear that the Good Samaritan law shall be applicable to the section, meaning that individuals who seek medical assistance for someone experiencing a controlled substance overdose shall not be charged or prosecuted for violations of the section, if the evidence for the charge was gained as a result of the seeking of medical assistance.

According to the Drug Policy Alliance, more than 35 states have statutes that provide for criminal liability in a drug overdose death. The federal government and 20 states have drug-induced homicide statutes in some capacity. In fact, if a delivery resulting in death was charged under federal law, the deliverer would be subject to up to life imprisonment with a mandatory minimum sentence of 20 years.

The Centers for Disease Control and Prevention have concluded that most of the increase in fentanyl deaths do not involve prescription fentanyl, but rather are related to illicitly manufactured fentanyl and counterfeit opioid pills that are mixed with highly lethal analogs and then sold intentionally without the user’s knowledge of its lethality.

General Assembly passes comprehensive Sex Offender Registration and Notification Act

STATE HOUSE — The General Assembly today passed legislation introduced by Sen. Hanna M. Gallo (D-Dist. 27, Cranston, West Warwick) and Rep. Robert E. Craven (D-Dist. 32, North Kingstown) amending Rhode Island’s sexual offender registration and community notification laws.

The bill (2018-S 2586A, 2018-H 7541A), which was filed at the behest of the attorney general, would implement several registration and notification procedures of the federal Sex Offender Registration and Notification Act.

“Making these changes to our sexual offender registry and community notification laws — particularly the updating of an out-of-date computer system — will go a long way toward keeping our communities safe with a greater level of efficiency,” said Senator Gallo. “I appreciate the opportunity to have worked with Attorney General Kilmartin to craft this overdue legislation.”

The act would allow for the purchase of a new sexual offender registry system that would improve the accuracy and completeness of data entered into the system, allow for better quality assurance at all levels of sex offender registration that will lead to greater public safety and sex offender management. The current registry and website software is archaic and not compliant with several Federal requirements in the areas of registration and/or community notification.

“Released sex offenders pose a possibly serious risk to every community in Rhode Island and this legislation was needed to update our notification system so that our communities can be protected from the possibility of future sex crimes,” said Representative Craven. “This bill will keep our families and neighborhoods safer from the danger of repeat sexual offenders.”

Updating the sexual offender registry system will provide important search functions or such features as an e-mail notice when a sex offender commences residence, employment, or school attendance within the state, a specified zip code, or a certain geographic radius are management important to public safety. These updates would provide opportunities for more efficient and effective sex offender notification in the State, allowing allow law enforcement the ability to focus their resources on the implementation and enforcement of sex offender laws. The improvements also have the possibility in saving municipalities financially as community notification could be satisfied via e-mail notice rather than paper notice.

“The updates to SORNA found in this act strengthen our sex offender registration and community notification law, providing greater protections for the citizens of Rhode Island, while giving law enforcement access to the information it needs to keep sex offenders accountable,” said Attorney General Peter Kilmartin. “I commend the General Assembly — especially sponsors Representative Craven and Senator Gallo — for working with my office and our law enforcement partners to address concerns by interested parties to move forward this measure.”

The act also requires offenders to provide the following information for the registry: name, date of birth, social security number, current digitized photograph, accurate physical description, driver’s license, identification card, passport, immigration documents, residence address, telephone numbers, internet identifiers, vehicle information, employment information, school information, criminal history, fingerprints and DNA.

Governor signs Mattiello, Gallo legislation to improve safety at public schools

STATE HOUSE — Gov. Gina Raimondo today signed legislation introduced by Speaker of the House Nicholas A. Mattiello (D-Dist. 15, Cranston) and Sen. Hanna M. Gallo (D-Dist. 27, Cranston, West Warwick) to examine the safety of Rhode Island’s schools and to ensure that school safety plans are adopted in each school department.

The law (2018-H 7694A, 2018-S 2639A) codifies the existence of the Rhode Island School Safety Committee into state law, and requires that school districts provide the committee with safety assessments every three years for review and recommendations.

The function of the 12-member School Safety Committee will be to provide training to law enforcement, school administrators and teachers; collect and review all hazard safety security assessments; and offer recommendations and assistance to each school district of every town, city, and regional school department in an effort to increase the safety of students and faculty.

The committee will include the following officials or their designees: the superintendent of the Rhode Island State Police, who would serve as chairperson of the committee; the president of the Police Chiefs Association; the director of the Rhode Island Emergency Management Agency; the commissioner of the Department of Elementary and Secondary Education; a representative from the Rhode Island School Superintendents’ Association,; the director of the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals; the state fire marshal; a representative of the Rhode Island Association of School Maintenance Directors; a representative from the Rhode Island Association of School Principals; a representative from the Rhode Island Association of School Committees; a representative from the National Education Association of Rhode Island; and one representative from the Rhode Island Federation of Teachers and Health Professionals.

General Assembly passes Mattiello, Gallo legislation to improve safety at public schools

STATE HOUSE — The General Assembly today passed legislation introduced by Speaker of the House Nicholas A. Mattiello (D-Dist. 15, Cranston) and Sen. Hanna M. Gallo (D-Dist. 27, Cranston, West Warwick) to examine the safety of Rhode Island’s schools and to ensure that school safety plans are adopted in each school department. The measure now moves to the governor’s office.

The bill (2018-H 7694A, 2018-S 2639A) would codify the existence of the Rhode Island School Safety Committee into state law, and require that school districts provide the committee with safety assessments every three years for review and recommendations.

“Every school district in the state is required to conduct a safety assessment of each of its school buildings,” said Speaker Mattiello. “It’s come to our attention that many districts have either procrastinated in completing these assessments or have shirked them altogether. In today’s climate, where the safety and security of our schools has become such a grave concern to parents, educators and public officials, these assessments simply cannot be neglected.”

The function of the 12-member School Safety Committee would be to provide training to law enforcement, school administrators and teachers; collect and review all hazard safety security assessments; and offer recommendations and assistance to each school district of every town, city, and regional school department in an effort to increase the safety of students and faculty.

“There is nothing more pressing right now than school safety,” said Senator Gallo, who serves as chairwoman of the Senate Committee on Education. “We have laws in place requiring comprehensive school safety plans regarding crisis intervention, emergency response, and management. But we need to know that no school district is dropping the ball on this issue. We need to keep our students safe, and we’re going to make sure it’s getting done.”

The committee would include the following officials or their designees: the superintendent of the Rhode Island State Police, who would serve as chairperson of the committee; the president of the Police Chiefs Association; the director of the Rhode Island Emergency Management Agency; the commissioner of the Department of Elementary and Secondary Education; a representative from the Rhode Island School Superintendents’ Association,; the director of the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals; the state fire marshal; a representative of the Rhode Island Association of School Maintenance Directors; a representative from the Rhode Island Association of School Principals; a representative from the Rhode Island Association of School Committees; a representative from the National Education Association of Rhode Island; and one representative from the Rhode Island Federation of Teachers and Health Professionals.

R.I. State Senate passes 'Kristen’s Law' criminalizing controlled substance delivery resulting in death

STATE HOUSE — The Rhode Island State Senate today passed Kristen’s Law, which specifies controlled substance delivery resulting death, carrying a penalty of up to life in prison. The legislation was filed at the request of Attorney General Peter F. Kilmartin in honor of Kristen Coutu who was murdered after taking a deadly dose of fentanyl in 2014.

Sponsored by Sen. Hanna Gallo (D-Dist. 27, Cranston, West Warwick), the legislation (S2279a) specifies that any person convicted of the unlawful delivery of a controlled substance in an exchange of anything of value which results in the death of a person because of the oral ingestion, injection or inhalation of the controlled substance shall be imprisoned up to life. In addition, any person is guilty of a controlled substance delivery resulting in death when, as a result of an unlawful delivery of a controlled substance to another person who subsequently delivers such controlled substance which results in the death of a person because of the oral ingestion, injection or inhalation of the controlled substance shall be imprisoned up to life.

The legislation was amended after testimony in hearings before the Senate Judiciary Committee to clarify that the intent of the legislation was to hold drug traffickers accountable to address concerns that those suffering with substance use disorders would be subject to criminal prosecution.

In addition, the amended legislation made it clear that the individuals who, in good faith, without malice and in the absence of evidence of an intent to defraud, seeks medical assistance for someone experiencing a controlled substance overdose shall not be charged or prosecuted for violations of the section, if the evidence for the charge was gained as a result of the seeking of medical assistance.

According to the Drug Policy Alliance, 20 states have drug-induced homicide statutes in some capacity.

“Passage of Kristen’s Law gives law enforcement one more tool to effectively prosecute those who knowingly traffic in these deadly drugs with no regard for those suffering from substance use disorders,” said Attorney General Kilmartin. “We understand that this is a complex issue, but we need to send a strong message to drug traffickers – if you knowingly deliver deadly doses of drugs, you will face very serious consequences. Overdose deaths should always be looked at through a law enforcement prism as distributors of these deadly drugs know exactly what they are selling while the person who suffers from a substance use disorder may not be aware of what he or she is taking.”

Sen. Hanna M. Gallo said, “Rhode Islanders across all walks of life are feeling the impacts of the opioid crisis. I have personally known too many Rhode Islanders who have been devastated during this crisis, including Kristen, who was a friend of my daughter. We need to send a strong, clear message to drug dealers that people are dying as a result of their actions. They need to know that we will hold them criminally responsible for those deaths.”

The Attorney General’s Office is working with the House to amend companion legislation (H7715), sponsored by Speaker Nicholas Mattiello (D-District 15, Cranston), to mirror the Senate bill.

The Centers for Disease Control and Prevention have concluded that most of the increase in fentanyl deaths do not involve prescription fentanyl, but rather are related to illicitly manufactured fentanyl and counterfeit opioid pills that are mixed with highly lethal analogs and then sold intentionally without the user’s knowledge of its lethality.

In April 2017, Aaron Andrade pleaded to one count of second degree murder for selling fentanyl that caused the fatal overdose to 29-year old Kristen Coutu, of Cranston, RI. Under the terms of the plea, Andrade was sentenced to 40 years with 20 years to serve and the remainder suspended with probation.