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S2733ACriminal Procedure

Criminal Procedure - Arrest

This bill makes it a crime for inmates to use force or weapons to resist a correctional officer's lawful directive.

Introduced25 Yea13 Nay0 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee Senate Judiciary

Plain-English Summary

This bill makes it a crime for individuals in the custody of the Rhode Island Department of Corrections to use force or a weapon to resist a lawful request or directive from a corrections officer. It clearly defines a "lawful request or directive" as an order given within the officer's official duties that complies with state law and department regulations. The penalty for violating this law remains a fine of up to $500, up to one year in prison, or both.

For younger readers

This bill creates a new rule for people who are in prison. It says that if a prison guard gives a person in prison a fair and legal order, the person is not allowed to use force or weapons to fight back against the guard. If they break this rule, they could get a fine of up to five hundred dollars or have to stay in prison for up to one more year.

Who & Where It Applies

Impacted groups
InmatesCorrectional officersPeace officersDepartment of Corrections staffCriminal defense attorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill clearly defines "lawful request or directive" as being consistent with state law and department regulations, which helps pass due process (vagueness) challenges. The underlying statute prohibiting resisting even an illegal arrest has generally been upheld in many states as a valid exercise of police power to prevent street violence, though it occasionally faces 4th Amendment scrutiny.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Protects inmates from arbitrary abuse by explicitly requiring that a guard's directive be "lawful" and consistent with state law and department regulations to be enforceable under this statute.
  • Limits the scope of the crime strictly to the use of "force or any weapon," which protects inmates from being prosecuted for peaceful non-compliance or verbal resistance.
  • Avoids escalating the offense to a severe felony, capping the penalty at a relatively low misdemeanor level (a maximum $500 fine or one year in prison) to prevent excessive sentencing.
  • Expands the criminalization of the incarcerated population, which could lead to additional prison time for individuals who may be experiencing distress or mental health crises while in custody.
  • Relies on the subjective interpretation of "force," which could be weaponized by correctional officers to unfairly charge inmates for minor physical resistance or defensive movements.
  • Imposes potential financial penalties (up to $500) on a deeply impoverished population, which can further entrench marginalized communities in a cycle of justice-system debt.
For Conservatives
  • Enhances safety and security within correctional facilities by explicitly criminalizing the use of force or weapons against correctional officers, deterring violent inmate behavior.
  • Supports law enforcement and correctional staff by providing them with clear legal backing when issuing official directives and maintaining order in state prisons.
  • Establishes clear penalties for non-compliance, reinforcing the rule of law and ensuring that inmates face tangible consequences for resisting authority.
  • Fails to impose harsher, felony-level penalties for inmates who violently attack or use weapons against guards, keeping the maximum punishment at only one year in jail or a $500 fine.
  • Preserves existing statutory language that makes it illegal to resist an "illegal arrest" by a peace officer, which infringes upon an individual's personal freedom to defend themselves against unlawful government overreach or unconstitutional seizures.
  • By strictly defining a "lawful" directive, it creates a legal loophole for inmates to challenge the authority of correctional officers in court, potentially undermining prison discipline and wasting taxpayer resources on litigation.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 9 additions · 1 deletion

SECTION 1. Section 12-7-10 of the General Laws in Chapter 12-7 entitled "Arrest" is hereby amended to read as follows: 12-7-10. Resisting legal or illegal arrest Resisting legal or illegal arrest by peace officer-Resisting directive of correctional officer. (a)(1) It shall be unlawful for any person to use force or any weapon in resisting a legal or an illegal arrest by a peace officer, if the person has reasonable ground to believe that he or she is being arrested and that the arrest is being made by a peace officer.

(2) It shall be unlawful for any person in custody of the Rhode Island department of corrections to use any force or weapon to resist a lawful request or directive by a corrections officer.

(3) For purposes of this section, a "lawful request or directive" means an order issued within the scope of a correctional officer's official duties and consistent with state law and department regulations.

(b) Any person violating the provisions of this section shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or by both fine and imprisonment.

SECTION 2. This act shall take effect upon passage.