R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 42-56-38 (2026)

Assessment of costs

✓ current as of July 2026
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(a) Each sentenced offender committed to the care, custody, or control of the department of corrections shall reimburse the state for the cost or the reasonable portion of the cost incurred by the state relating to that commitment; provided, however, that a person committed, awaiting trial and not convicted, shall not be liable for the reimbursement. Items of cost shall include physical services and commodities such as food, medical, clothing, and specialized housing, as well as social services such as specialized supervision and counseling. Costs shall be assessed by the director of corrections, or the director’s designee, based upon each person’s ability to pay, following a public hearing of proposed fee schedules. Each offender’s family income and number of dependents shall be among the factors taken into consideration when determining ability to pay. Moneys received under this section shall be deposited as general revenues. The director shall promulgate rules and regulations necessary to carry out the provisions of this section. The rules and regulations shall provide that the financial situation of persons, financially dependent on the person, be considered prior to the determination of the amount of reimbursement. This section shall not be effective until the date the rules and regulations are filed with the office of the secretary of state.

(b) Notwithstanding the provision of subsection (a), or any rule or regulation promulgated by the director, any sentenced offender who is ordered or directed to the work release program shall pay no less than thirty percent (30%) of his or her net salary for room and board.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1995–2021 · leading case: Taylor v. Rhode Island Dep't of Corr., 908 F. Supp. 92 (D.R.I. 1995).
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Taylor v. Rhode Island Dep't of Corr., 908 F. Supp. 92 (D.R.I. 1995). · cites it 25× “03, as applied retrospectively to previously sentenced probationers, exceeds the authority granted to the Department of Corrections by R.I.Gen.Laws § 42-56-38. The plaintiffs move for declaratory judgment, in-junctive relief, and compensatory damages.”
Taylor v. Rhode Island, 101 F.3d 780 (1st Cir. 1996). · cites it 6× “Laws § 42-56-10(v) (Powers of the director); R.I. Gen. Laws § 42-56-38 (Assessment of costs).”
Paiva v. Coyne-Fague (D.R.I. 2021). · cites it 4× “G.L. §42-56-38 which permits the RIDOC to assess costs to prisoners “following a public hearing of proposed fee schedules.”
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