State Codes and Statutes
Statutes > Rhode-island > Title-42 > Chapter-42-153 > 42-153-3SECTION 42-153-3
§ 42-153-3 Scope. – (a) Nothing contained herein shall be construed to affect the otherwise lawfuluse of electronic monitoring devices by the department of corrections or thedepartment of children, youth and families for individuals placed on electronicmonitoring parole, home confinement, temporary community placement pursuant to§ 14-1-36.1, or in community correctional programs. Global Positioningdevices are excluded.
(b) Nothing contained herein shall be construed to prohibitthe use of RFIDs for the purpose of tracking students being transported to ahospital for emergency medical services in accordance with § 23-4.1-1;provided, however, that no information that personally identifies theindividual shall be transmitted by the RFID unless HIPPA compliant.
(c) Nothing contained herein shall prohibit the use of RFIDsby a state or local government for the purpose of tracking the location ofequipment or vehicles owned by the state or local government, provided that theRFID device shall not contain or transmit information that directly pertains toany student.
(d) Nothing contained herein shall be construed to apply toor prohibit the use of global positioning system devices.
(e) Nothing contained herein shall be construed to prohibit aschool's use of RFID in the case of a student with special needs where: (1) Itis determined that there is no less restrictive alternative available tomonitor the student's movement in order to prevent elopement; (2) The use ofRFID has been agreed to by both the school and the student's parent(s) or legalguardian; (3) The use of RFID technology is included in the student'sindividual education plan; and (4) The student's parent(s) or legal guardianhave been provided information about the benefits and limits of the technologyin tracking a student who has eloped.
