S-1264               _______________________________________________

                                                   SENATE BILL NO. 3503

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Granlund and Kreidler

Read first time 1/31/85 and referred to Committee on Human Services and Corrections.

AN ACT Relating to inmate grievances; and amending RCW 72.09.160.

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

        Sec. 1.  Section 19, chapter 136, Laws of 1981 and RCW 72.09.160 are each amended to read as follows:

          The board shall have the following responsibilities with respect to the department of corrections:

          (1) Within two years of July 1, 1981, it shall recommend such advisory standards to the legislature, the governor, and the department as it determines are necessary to:  (a) Meet federal and state constitutional requirements relating to health, safety, security, and welfare of inmates and staff or specific state or federal statutory requirements; and (b) provide for the public's health, safety, and welfare.  In carrying out this responsibility, the board shall consider the standards of the United States department of justice and the accreditation commission on corrections of the American corrections association and any other standards or proposals it finds appropriate.  Whenever possible, these standards should discourage duplication of services by the state and local governments.

          (2) The standards recommended by the board shall be advisory only and may not be enforced by the board.  The board shall review and make recommendations regarding any standards which are proposed by the secretary.

          (3) Each year commencing in 1983, the board shall issue a report to the governor, the legislature and the department which shall contain:  (a) All recommended standards which are proposed either by the board or the secretary, and the reasons for any variance therefrom with respect to adopted standards; and (b) a report on the variance (i) between its recommended standards and the standards adopted by the secretary; (ii) between its recommended standards and the performance of the department; and (iii) between the standards adopted by the secretary and the performance of the department.

          (4) The board shall review the development and functioning of the department's grievance procedures.  As part of this review, the board, or a designated subcommittee, shall screen complaints filed in the department of corrections grievance process after those complaints have exhausted existing administrative remedies.  The department of corrections shall provide access and information as requested by the board for this purpose.  If, after examining any complaint, the board is of the opinion  that the complaint is valid, the board shall make an appropriate recommendation to the secretary of corrections and inform the governor and the legislature.  The board and the secretary shall jointly visit and inspect at least once a year each state corrections institution.  For institutions of less than one hundred fifty, the board may appoint one or more of its members to carry out this duty.

          (5) The board may recommend advisory standards for the location, construction, and operation of all state correctional facilities and programs.

          (6) The board may recommend to the governor, the legislature, and the secretary the expenditure of public funds in a manner which recognizes and advances the board's or the secretary's proposed standards.

          (7) The board shall appoint an executive secretary to assist it in carrying out its functions under this chapter.  As authorized by the board, the executive secretary shall hire and supervise necessary staff to assist the board in carrying out its duties.  The secretary may provide any technical assistance or support which the board may request from time to time.