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ENGROSSED SUBSTITUTE SENATE BILL NO. 4128
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AS RECOMMENDED BY THE CNFERENCE COMMITTEE
C 118 L 86
State of Washington 49th Legislature 1985 Regular Session
By Senate Committee on Human Services and Corrections (originally sponsored by Senator McCaslin; by Corrections Standards Board request)
Read first time 2/22/85.
AN ACT Relating to the corrections standards board; amending RCW 19.27.060, 70.48.020, 70.48.050, 70.48.060, 70.48.070, 70.48.080, 70.48.090, 70.48.110, 70.48.120, 70.48.130, 70.48.160, 70.48.200, 70.48.260, 70.48.280, 70.48.330, 70.48A.020, and 70.48A.040; and repealing RCW 70.48.030, 70.48.040, and 70.48.150.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 316, Laws of 1977 ex. sess. as last amended by section 34, chapter 165, Laws of 1983 and RCW 70.48.020 are each amended to read as follows:
As used in this chapter the words and phrases in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Holding facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the temporary housing of such persons during or after trial and/or sentencing, but in no instance shall the housing exceed thirty days.
(2) "Detention facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the housing of adult persons for purposes of punishment and correction after sentencing or persons serving terms not to exceed ninety days.
(3) "Special detention facility" means a minimum security facility operated by a governing unit primarily designed, staffed, and used for the housing of special populations of sentenced persons who do not require the level of security normally provided in detention and correctional facilities including, but not necessarily limited to, persons convicted of offenses under RCW 46.61.502 or 46.61.504.
(4) "Correctional facility" means a facility operated by a governing unit primarily designed, staffed, and used for the housing of adult persons serving terms not exceeding one year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.
(5) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.
(6) "Health care" means preventive, diagnostic, and rehabilitative services provided by licensed health care professionals and/or facilities; such care to include providing prescription drugs where indicated.
(7) (("Commission"
means the state jail commission created pursuant to RCW 70.48.030 but, after
June 30, 1983, "commission" and "state jail commission"))
"Board" means the state corrections standards board.
(8) "Substantially remodeled" means significant alterations made to the physical plant of a jail to conform with the physical plant standards.
(9) (("Department"
means the department of social and health services.
(10)
"Secretary" means the secretary of social and health services.
(11))) "Governing unit" means the city and/or
county or any combinations of cities and/or counties responsible for the
operation, supervision, and maintenance of a jail.
(((12)))
(10) "Mandatory custodial care standards" means those minimum
standards, rules, or regulations that are adopted pursuant to RCW
70.48.050(1)(a) and 70.48.070(1) for jails to meet federal and state
constitutional requirements relating to the health, safety, security, and
welfare of inmates.
(((13)))
(11) "Advisory custodial care standards" means custodial care
standards recommended by the ((commission)) board which are not
mandatory.
(((14)))
(12) "Physical plant standards" and "physical plant
requirements" mean those minimum standards, rules, or regulations that are
prescribed by the ((commission for jails)) board that relate to
structural specifications of the physical plant, including but not limited to
size of cells and rooms within a jail, design of facilities, and specifications
for fixtures and other equipment.
(((15)))
(13) "Jail inspector" means a person with at least five years
in a supervisory position as a law enforcement or custodial corrections
officer.
(((16)))
(14) "Major urban" means a county or combination of counties
which has a city having a population greater than twenty-six thousand based on
the 1978 projections of the office of financial management.
(((17)))
(15) "Medium urban" means a county or combination of counties
which has a city having a population equal to or greater than ten thousand but
less than twenty-six thousand based on the 1978 projections of the office of
financial management.
(((18)))
(16) "Rural" means a county or combination of counties which
has a city having a population less than ten thousand based on the 1978
projections of the office of financial management.
Sec. 2. Section 5, chapter 316, Laws of 1977 ex. sess. as last amended by section 4, chapter 12, Laws of 1981 2nd ex. sess. and RCW 70.48.050 are each amended to read as follows:
In addition
to any other powers and duties contained in this chapter, the ((commission))
board shall have the powers and duties:
(1) To adopt such rules and regulations, after approval by the legislature, pursuant to chapter 34.04 RCW, as it deems necessary and consistent with the purposes and intent of this chapter on the following subjects:
(a)
Mandatory custodial care standards that are essential for the health, welfare,
and security of persons confined in jails. In adopting each rule or regulation
pertaining to mandatory custodial care standards, the ((commission)) board
shall cite the applicable case law, statutory law or constitutional provision
which requires such rule or regulation. The ((commission)) board
shall grant variances from custodial care standards to governing units which
operate jails with physical deficiencies which directly affect their ability to
comply with these standards, if the governing unit is eligible for and has
applied for funds under RCW 70.48.110. The variances remain in effect until
state funding to improve or reconstruct the jails of these governing units has
been expended for that purpose;
(b) Advisory custodial care standards;
(c) The
classification and uses of holding, detention, and correctional facilities.
Except for the housing of work releasees in accordance with ((commission))
board rules, a person may not be held in a holding facility longer than
seventy-two hours, exclusive of weekends and holidays, without being
transferred to a detention or correctional facility unless the court having
jurisdiction over the individual authorizes a longer holding, but in no
instance shall the holding exceed thirty days;
(d) The content of jail records which shall be maintained by the department of corrections or the chief law enforcement officer of the governing unit. In addition the governing unit, chief law enforcement officer, or department of corrections may require such additional records as they deem proper; and
(e) The segregation of persons and classes of persons confined in holding, detention, and correctional facilities;
(2) To investigate, develop, and encourage alternative and innovative methods in all phases of jail operation;
(3) To make comments, reports, and recommendations concerning all phases of jail operation including those not specifically described in this chapter;
(4) To hire necessary staff, acquire office space, supplies, and equipment, and make such other expenditures as may be deemed necessary to carry out its duties;
(5) ((The
secretary shall submit minimum physical plant standards to the commission for
review and promulgate proposed standards pursuant to chapter 34.04 RCW. After
such promulgation, the standards shall be presented for review at a public
conference of city, town, and county legislative and executive officials and
directors of departments of correction or the chief law enforcement officers of
the governing units in four regional meetings, two of which shall be east of
the Cascade range. Subsequent to these reviews, and utilizing the data
received, the commission shall)) To adopt minimum physical plant
standards pursuant to chapter 34.04 RCW((, after approval by the legislature))
for jails. The ((commission)) board may preempt any
provisions of the state building code under chapter 19.27 RCW and any local
ordinances that apply to jails or a particular jail if the provisions relate to
the installation or use of sprinklers in the cells and the ((commission))
board finds that compliance with the provisions would conflict with the
secure and humane operation of jails or the particular jail;
(6) To cause all jails to be inspected at least annually by designated jail inspectors and to issue a certificate of compliance to each facility which is found to satisfactorily meet the requirements of this chapter and the rules, regulations, and standards adopted hereunder: PROVIDED, That certificates of partial compliance may be issued where applicable. The inspectors shall have access to all portions of jails, to all prisoners confined therein, and to all records maintained by said jails; and
(7) To establish advisory guidelines and model ordinances to assist governing units in establishing the agreements necessary for the joint operation of jails and for the determination of the rates of allowance for the daily costs of holding a prisoner pursuant to the provisions of RCW 70.48.080(6).
Sec. 3. Section 6, chapter 316, Laws of 1977 ex. sess. as last amended by section 1, chapter 87, Laws of 1982 and RCW 70.48.060 are each amended to read as follows:
(1) Any funds allocated to a governing unit for jail construction or renovation pursuant to this chapter shall constitute full funding of the cost of implementing the physical plant standards within the meaning of RCW 70.48.070(2). Jail construction or renovation represents the full extent of the state's financial commitment with regard to jails. Local governing units are responsible for funding all costs of operating jails.
(2) As a
condition of eligibility for such financial assistance as may be provided by or
through the state of Washington exclusively for the construction and/or
modernization of jails, all jail construction and/or substantial remodeling
projects shall be submitted by the governing unit to the ((commission)) board
which shall review all submitted projects in accordance with rules to be
adopted by the ((commission)) board and shall approve or reject
each project for purposes of state funding. The ((commission)) board
shall allocate available funding to the projects approved for funding in
accordance with moneys actually available and the priorities established by the
((commission)) board under this section.
(3) The
rules to be adopted by the ((commission)) board for purposes of
approving or denying requests for state funds for jail construction or
remodeling shall:
(i) Limit state funding to the minimum amount required to fully implement the physical plant standards;
(ii)
Encourage the voluntary consolidation of jail facilities and programs of
contiguous governing units where feasible: PROVIDED, That such consolidation
is approved by all participating governing units: PROVIDED FURTHER, That the
((commission)) board may fund the minimum cost of approved
remodeling of an existing county jail facility to be operated as a holding
facility in the future when that county is a party to a multi-county
consolidation agreement which meets the requirements of RCW 70.48.090, the cost
of such holding facility remodeling project(s) and of the consolidated
correctional facility project does not exceed the established maximum budgets
for current detention and/or correctional facility projects of those governing
units, and approval of such a revised concept maximizes the beds to be provided
while maintaining or reducing the construction costs;
(iii) Insure that each governing unit or consolidation of governing units applying for state funds under this chapter has submitted a plan which demonstrates that pretrial and posttrial alternatives to incarceration are being considered within the governmental unit;
(iv) Establish criteria and procedures for setting priorities among the projects approved for state funding for purposes of allocating state funds actually available; and
(v) Establish procedures for the submission, review, and approval or denial of projects submitted and appeals from adverse determinations, including time periods applicable thereto.
(4) The ((commission))
board shall review all submitted projects with the office of financial
management and the office of financial management shall provide technical
assistance to the ((commission)) board for purposes of insuring
the accuracy of statistical information to be used by the ((commission))
board in determining projects to be funded.
(5) The ((commission))
board shall oversee approved construction and remodeling to the extent
necessary to assure compliance with the standards adopted and approved pursuant
to RCW 70.48.050(5).
(6) The ((commission))
board shall develop estimates of the costs of the capital construction
grants for each biennium required under the provisions of this chapter. The
estimates shall be submitted to the office of financial management consistent
with the provisions of chapter 43.88 RCW and the office of financial management
shall review and approve or disapprove within thirty days.
(7) The ((commission))
board and the office of financial management shall jointly report to the
legislature on or before the convening of a regular session as to the projects
approved for funding, construction status of such projects, funds expended and
encumbered to date, and updated population and incarceration statistics.
(8) The ((jail
commission)) board shall examine, and by December 1, 1980, present
to the legislature recommendations relating to detention and correctional
services, including the formulation of the role of state and local governing
units regarding detention and correctional facilities.
Sec. 4. Section 7, chapter 316, Laws of 1977 ex. sess. as last amended by section 14, chapter 232, Laws of 1979 ex. sess. and RCW 70.48.070 are each amended to read as follows:
All jails
shall be constructed, operated, and maintained in compliance with the
provisions and intent of this chapter and the rules, regulations, and standards
adopted thereunder: PROVIDED, That, as limited by this section, compliance
with such rules, regulations, and standards shall be pursuant to the time
schedules set by the ((commission)) board for classes of
facilities:
(1) The
mandatory custodial care standards that are essential for the health, welfare,
and security of persons confined, which are adopted pursuant to RCW
70.48.050(1)(a), shall be proposed ((by the commission)) to the
legislature no later than December 31, 1978;
(2) The
physical plant standards which are adopted and approved pursuant to RCW 70.48.050(5)
shall not be mandatory unless, pursuant to the provisions of RCW 70.48.110, the
state fully funds the cost of implementing such standards for detention and
correctional facilities: PROVIDED, That, such funds shall be subject to
appropriation: PROVIDED FURTHER, That after such funds are made available,
local jurisdictions shall have a period of time before such standards are
mandatory that is adequate to effect any needed construction or repairs:
PROVIDED FURTHER, That those provisions of RCW 70.48.060 and 70.48.110
requiring approval prior to funding and commencement of construction or
remodeling shall not apply to prevent the funding of jails of governing units
which have appropriated funds for substantial remodeling or construction of
jails after February 16, 1974, and before June 23, 1977. Approval in such
cases may be given retroactively: PROVIDED FURTHER, That the ((commission))
board may grant variances from the physical plant standards consistent
with the intent of this chapter, and such standards shall otherwise be
mandatory for purposes of this section and RCW 70.48.080 and jail facilities
approved by the ((commission)) board shall be deemed to comply
with the physical plant standards;
(3) The
mandatory custodial care standards and physical plant standards as submitted ((by
the commission)) to the legislature on December 20, 1978 are hereby
approved and shall take effect after adoption ((by the commission)).
Mandatory custodial care standards shall be complied with no later than October
1, 1979;
(4)
Modifications of the standards or additional standards may be adopted by the ((commission))
board pursuant to chapter 34.04 RCW.
Sec. 5. Section 8, chapter 316, Laws of 1977 ex. sess. and RCW 70.48.080 are each amended to read as follows:
All jails which do not meet the appropriate mandatory custodial care standards and physical plant standards may be required to be closed, entirely or in part, until such requirements are met, pursuant to the following procedures:
(1) In the
event the ((commission)) board finds a jail does not comply with
the appropriate mandatory custodial care and/or physical plant standards,
notice shall be given to the governing unit which shall be either a notice of
noncompliance, a notice of conditional compliance for the continued operation
of the jail under such restrictions as the ((commission)) board
determines to be appropriate, or a notice of full or partial closure.
(2) Such
notices shall specify the manner in which the jail does not comply with the
standards. In issuing such notices consideration shall be given to the
magnitude and seriousness of the deficiencies and their potential effect on the
health and safety of jail inmates, the cost of correction, and other
information deemed relevant by the ((commission)) board.
(3) (a) If
the ((commission)) board issues a notice of noncompliance, it
shall specify in the notice the time limits within which the standards are to
be met.
(b) If the
((commission)) board determines that there will be compliance
with the standards provided that certain conditions or restrictions which the
((commission)) board determines to be appropriate are applied,
the ((commission)) board may issue a notice of conditional
compliance setting out the conditions and restrictions which the ((commission))
board determines to be appropriate. A certificate of conditional
compliance may be issued thereon.
(c) In
those cases where the nature and extent of the deficiencies are such that a
notice of immediate full or partial closure is deemed necessary by the ((commission))
board in order to preserve the health and safety of persons in the jail,
a notice of immediate full or partial closure may be issued by the ((commission))
board.
(4) Within
thirty days after the date of receipt of a notice of noncompliance, a notice of
conditional compliance, or a notice of full or partial closure, the appropriate
governing unit may request a review thereof by the ((commission)) board
which review shall be heard not more than forty-five days following such
request unless such period is extended not more than another forty-five days by
order of the ((commission)) board. All reviews conducted under
this section shall be deemed to be "contested cases" within the
meaning of chapter 34.04 RCW.
The ((commission))
board shall hear and decide the review, and the decision of the ((commission))
board may be appealed to the superior court as provided in chapter 34.04
RCW.
(5) If a
notice of full or partial closure is issued and upheld, or if a notice of
conditional compliance is issued and the conditions or restrictions are not
complied with, or if a notice of noncompliance is issued and upheld and
compliance is not satisfactorily accomplished within the time prescribed in the
notice, the attorney general, upon request and on behalf of the ((commission))
board, shall apply to the superior court of the county in which the jail
is located for an order of closure of all or part of the jail and the court
shall have authority to issue such order of closure or prescribe other
appropriate relief.
(6) In the
event an order of closure is issued by the superior court, all confined persons
in custody in the jail or portions thereof ordered closed shall be transferred,
provided sufficient space is available, to a suitable, available jail, and the
transferring governing unit shall pay for the costs of board, room, program,
and administration of such transferred persons, pursuant to the rate for such
costs established by the governing unit accepting such confined persons. If a
transferring governing unit disputes the rates established by the governing
unit accepting, the ((commission)) board shall set the rates.
Sec. 6. Section 9, chapter 316, Laws of 1977 ex. sess. as amended by section 15, chapter 232, Laws of 1979 ex. sess. and RCW 70.48.090 are each amended to read as follows:
(1)
Contracts for jail services may be made between a county and city located
within the boundaries of a county, and among counties. The contracts shall:
Be in writing, give one governing unit the responsibility for the operation of
the jails, specify the responsibilities of each governing unit involved, and
include the applicable charges for custody of the prisoners as well as the
basis for adjustments in the charges. The contracts may be terminated only by
ninety days written notice to the governing units involved and to the ((commission))
board. The notice shall state the grounds for termination and the
specific plans for accommodating the affected jail population.
(2) The
contract authorized in subsection (1) of this section shall be for a minimum
term of ten years when state funds are provided to construct or remodel a jail
in one governing unit that will be used to house prisoners of other governing
units. The contract may not be terminated prior to the end of the term without
the ((commission's)) board's approval. If the contract is
terminated, or upon the expiration and nonrenewal of the contract, the governing
unit whose jail facility was built or remodeled to hold the prisoners of other
governing units shall pay to the state treasurer the amount set by the ((commission))
board when it authorized disbursal of state funds for the remodeling or
construction under RCW 70.48.120. This amount shall be deposited in the local
jail improvement and construction account and shall fairly represent the
construction costs incurred in order to house prisoners from other governing
units. The ((commission)) board may pay the funds to the
governing units which had previously contracted for jail services under rules
which the ((commission)) board may adopt. The acceptance of
state funds for constructing or remodeling consolidated jail facilities
constitutes agreement to the proportionate amounts set by the ((commission))
board. Notice of the proportionate amounts shall be given to all
governing units involved.
(3) A city
or county primarily responsible for the operation of a jail or jails may create
a department of corrections to be in charge of such jail and of all persons
confined therein by law, subject to the authority of the governing unit. If
such department is created, it shall have charge of jails and persons confined
therein. If no such department of corrections is created, the chief law
enforcement officer of the city or county primarily responsible for the
operation of said jail shall have charge of the jail and of all persons
confined therein. A department of corrections or the chief law enforcement
officer shall operate a jail in conformance with the rules and regulations
adopted by the ((commission)) board and any rules, regulations,
or ordinances adopted by the governing unit.
Sec. 7. Section 11, chapter 316, Laws of 1977 ex. sess. and RCW 70.48.110 are each amended to read as follows:
Upon
obtaining approval for the substantial remodeling or construction of a jail pursuant
to RCW 70.48.060 and biennial appropriation of the legislature, a governing
unit shall receive full funding from the state for the costs of the necessary
new construction or improvements to or remodeling of existing detention or
correctional facilities necessary to comply with the standards established
pursuant to this chapter. The ((commission)) board shall
biennially establish for each application the level of costs necessary to
comply with the physical plant standards and shall authorize payment by the
state treasurer of the designated amount from the local jail improvement and
construction account created in RCW 70.48.120 to the eligible governing unit in
accordance with procedures established by the ((commission)) board.
Sec. 8. Section 12, chapter 316, Laws of 1977 ex. sess. as amended by section 2, chapter 276, Laws of 1981 and RCW 70.48.120 are each amended to read as follows:
There is
hereby established in the state treasury a fund to be known as the local jail
improvement and construction account in which shall be deposited such sums as
are appropriated by law for the purpose of providing funds to units of local
government for new construction and the substantial remodeling of detention and
correctional facilities so as to obtain compliance with the physical plant
standards for such facilities. Funds in the local jail improvement and
construction account shall be invested in the same manner as other funds in
other accounts within the state treasury, and such earnings shall accrue to the
local jail improvement and construction account. Funds shall be remitted to
the governing units in a reasonably timely fashion to meet their contractual
obligations. Funds in this account shall be disbursed by the state treasurer
to units of local government, subject to biennial legislative appropriation, at
the direction of the ((commission)) board.
Sec. 9. Section 13, chapter 316, Laws of 1977 ex. sess. and RCW 70.48.130 are each amended to read as follows:
Payment for
emergency or necessary health care shall be by the governing unit, except that
the department of social and health services shall reimburse the
governing unit for the cost thereof if the confined person requires treatment
for which such person is eligible under the ((department's)) department
of social and health services' public assistance medical program.
The governing unit may obtain reimbursement from the confined person for the cost of emergency and other health care to the extent that such person is reasonably able to pay for such care, including reimbursement from any insurance program or from other medical benefit programs available to such person. To the extent that a confined person is unable to be financially responsible for medical care and is ineligible for financial assistance from the department or from a private source, the governing unit may obtain reimbursement for the cost of such services from the unit of government whose law enforcement officers initiated the charges on which the person is being held in the jail: PROVIDED, That reimbursement for the cost of such services shall be by the state for state prisoners being held in a jail who are accused of either escaping from a state facility or of committing an offense in a state facility.
There shall be no right of reimbursement to the governing unit from units of government whose law enforcement officers initiated the charges for which a person is being held in the jail for care provided after the charges are disposed of by sentencing or otherwise, unless by intergovernmental agreement pursuant to chapter 39.34 RCW.
This section is not intended to limit or change any existing right of any party, governing unit, or unit of government against the person receiving the care for the cost of the care provided or paid for.
Under no circumstance shall necessary medical services be denied or delayed pending a determination of financial responsibility.
Sec. 10. Section 16, chapter 316, Laws of 1977 ex. sess. as amended by section 3, chapter 276, Laws of 1981 and RCW 70.48.160 are each amended to read as follows:
Having received approval pursuant to RCW 70.48.060, a governing unit shall not be eligible for further funding for physical plant standards for a period of ten years from the date of the completion of the approved project. A jail shall not be closed for noncompliance to physical plant standards within this same ten year period. This section does not apply if:
(1) The ((commission))
board or its successor elects to fund phased components of a jail
project for which a governing unit has applied. In that instance, initially
funded components do not constitute full funding within the meaning of RCW
70.48.060(1) and 70.48.070(2) and the ((commission)) board may
fund subsequent phases of the jail project;
(2) There is destruction of the facility because of an act of God or the result of a negligent and/or criminal act.
Sec. 11. Section 10, chapter 232, Laws of 1979 ex. sess. and RCW 70.48.200 are each amended to read as follows:
(1) In
determining the capacity of a planned jail facility for purposes of funding
under this chapter, the ((commission)) board shall consider all
relevant information, including data supplied to the ((commission)) board
by the office of financial management with regard to the governing unit's
population projections, current incarceration rates as applied to population
projections by age group, and peaking factors not to exceed 1.29 standard
deviations above the mean average daily population.
(2) The number of square feet allowed per bed shall generally be consistent for facilities of similar size and classification within either major urban, medium urban, or rural counties.
(3) Funds
shall be allocated to governing units based on authorized beds and square feet
as determined by the ((commission)) board under this chapter and
the rules adopted pursuant thereto.
(4) Total
dollars allocated to a governing unit for new construction or renovation shall
be the lesser of the amount specified in an accepted bid, the amount computed
in subsection (3) of this section, or the budget request submitted to the ((commission))
board by the governing unit.
(5) If a
governing unit determines the assumptions specified in subsection (1) of this
section are to be exceeded, then the funding responsibility in excess of amount
determined by the ((commission)) board will be that of the
governing unit.
(6) The office of financial management shall assist governing units in obtaining whatever federal grants and aid might be available for jail construction and renovation. The amount of such grants or aid which might be obtained shall be deducted from the moneys which would otherwise be granted to the governing units from the funds from the sale of bonds authorized by RCW 70.48.260.
(7) Jails which are constructed and/or renovated with funds provided pursuant to this chapter shall not be considered state buildings for the purposes of RCW 43.17.200.
Sec. 12. Section 2, chapter 232, Laws of 1979 ex. sess. as amended by section 1, chapter 143, Laws of 1980 and RCW 70.48.260 are each amended to read as follows:
For the
purpose of providing funds for the planning, acquisition, construction, and
improvement of jail buildings and necessary supporting facilities within the
state, and the ((state jail commission's)) board's operational
costs related to the review of physical plant funding applications, award of
grants, and construction monitoring, the state finance committee is authorized
to issue general obligation bonds of the state of Washington in the sum of one
hundred six million dollars, or so much thereof as may be required, to finance
the improvements defined in this chapter and all costs incidental thereto but
not including acquisition or preparation of sites. These bonds shall be paid
and discharged within thirty years. No bonds authorized by this chapter shall
be offered for sale without prior legislative appropriation of the proceeds of
the bonds to be sold.
Sec. 13. Section 4, chapter 232, Laws of 1979 ex. sess. and RCW 70.48.280 are each amended to read as follows:
The
proceeds from the sale of the bonds deposited in the local jail improvement and
construction account of the general fund under the terms of this chapter shall
be administered by the ((Washington state jail commission)) board
subject to legislative appropriation.
Sec. 14. Section 5, chapter 276, Laws of 1981 and RCW 70.48.330 are each amended to read as follows:
All cities
or counties which accept funding for jail remodeling or new construction under
this chapter shall certify to the ((commission)) board that the
facility to be built shall, upon opening, meet all mandatory custodial care
standards adopted by the ((commission)) board under RCW
70.48.050. The ((commission)) board shall not make funding under
this chapter contingent on compliance of the existing jail facility with
standards adopted under RCW 70.48.050.
Sec. 15. Section 6, chapter 96, Laws of 1974 ex. sess. as last amended by section 10, chapter 360, Laws of 1985 and RCW 19.27.060 are each amended to read as follows:
(1) The governing bodies of counties and cities may amend the codes enumerated in RCW 19.27.031 as they apply within their respective jurisdictions, but the amendments shall not result in a code that is less than the minimum performance standards and objectives contained in the state building code. No amendment to a code enumerated in RCW 19.27.031 that affects single family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b). Any county or city amendment to a code enumerated in RCW 19.27.031 which is approved under RCW 19.27.074(1)(b) shall continue to be effective after any action is taken under RCW 19.27.074(1)(a) without necessity of reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any action is taken under RCW 19.27.074(1)(a) because such action in any way altered the impact of the amendment.
(2) Except as permitted or provided otherwise under this section, the state building code shall be applicable to all buildings and structures including those owned by the state or by any governmental subdivision or unit of local government.
(3) The governing body of each county or city may limit the application of any portion of the state building code to exclude specified classes or types of buildings or structures according to use other than single family or multifamily residential buildings: PROVIDED, That in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of the uniform fire code.
(4) The provisions of this chapter shall not apply to any building four or more stories high with a B occupancy as defined by the uniform building code, 1982 edition, and with a city fire insurance rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization.
(5) No provision of the uniform fire code concerning roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a county or city to adopt street, road, or access standards.
(6) The
provisions of the state building code are preempted by any physical standards
adopted by the ((state jail commission)) corrections standards board
under RCW 70.48.050 when the code provisions relating to the installation or
use of sprinklers in the cells conflict with the standards and the secure and
humane operation of jails.
Sec. 16. Section 2, chapter 131, Laws of 1981 as amended by section 1, chapter 63, Laws of 1983 1st ex. sess. and RCW 70.48A.020 are each amended to read as follows:
For the
purpose of providing funds for the planning, acquisition, construction, and
improvement of jail buildings and necessary supporting facilities within the
state, and the ((state jail commission's)) corrections standards
board's operational costs related to the review of physical plant funding
applications, award of grants, and construction monitoring, the state finance
committee is authorized to issue general obligation bonds of the state of
Washington in the sum of one hundred forty-four million three hundred thousand
dollars, or so much thereof as may be required, to finance the improvements
defined in RCW 70.48A.010 through 70.48A.080 and all costs incidental thereto,
including administration, but not including acquisition or preparation of
sites. Appropriations for administration shall be determined by the
legislature. No bonds authorized by this section may be offered for sale
without prior legislative appropriation of the proceeds of the bonds to be
sold: PROVIDED, That the reappropriation of previously authorized bond moneys
and this new appropriation shall constitute full funding of each approved
project within the meaning of RCW 70.48.070 and 70.48.110.
Sec. 17. Section 4, chapter 131, Laws of 1981 and RCW 70.48A.040 are each amended to read as follows:
The
proceeds from the sale of the bonds deposited in the local jail improvement and
construction account in the general fund under the terms of RCW 70.48A.010
through 70.48A.080 shall be administered by the ((Washington state jail commission))
corrections standards board subject to legislative appropriation.
NEW SECTION. Sec. 18. The following acts or parts of acts are each repealed:
(1) Section 3, chapter 316, Laws of 1977 ex. sess., section 12, chapter 232, Laws of 1979 ex. sess. and RCW 70.48.030;
(2) Section 4, chapter 316, Laws of 1977 ex. sess. and RCW 70.48.040; and
(3) Section 15, chapter 316, Laws of 1977 ex. sess. and RCW 70.48.150.