H-3600.1  _______________________________________________

                          HOUSE BILL 2835

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Flemming, Carlson, Roland, Quall, Veloria, Grant, Hansen, Dunshee, Van Luven, Long, Talcott, Brough, Tate, Caver, L. Johnson, Cooke, Karahalios, Dorn, R. Meyers, Silver, Schoesler and Basich

Read first time 01/26/94.  Referred to Committee on Corrections.

Requiring that state hospitals create secure areas for mentally ill offenders.

    AN ACT Relating to mentally ill offenders; adding a new section to chapter 72.23 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 72.23 RCW to read as follows:

    (1) A public institution designated as a state hospital for the purpose of evaluating or treating accused or convicted mentally ill offenders shall designate and create a specified area of the facility that is designed and maintained as a secure area for the purpose of preventing escape of such patients while in the institution.  As a minimum, the designated secure area shall have reinforced windows and double-door securityor the patient ward environment.  The open-air space shall be a continuous extension of the ward and shall have a continuous fence of sufficient strength, height, and capping to deter scaling, penetrating, or burrowing of a would-be escapee.  The superintendent of the facility shall acknowledge in writing compliance with this section to the secretary of the department of corrections on or before December 31, 1994.

    (2) A patient, while hospitalized as a mentally ill offender either as an accused or convicted individual, shall not be released from the confines of the designated secure ward with the following exceptions:

    (a) For emergency life-saving measures;

    (b) For medically related treatment; or

    (c) For the conduct of criminal justice-related business.

    (3) A patient, while hospitalized as a mentally ill offender either as an accused or convicted individual, shall not be released from the designated secure ward without the escort of either an authorized law enforcement officer or hospital security officer.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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