HOUSE BILL REPORT

SHB 738

BYHouse Committee on State Government (originally sponsored by Representatives H. Sommers, Hankins, Peery, Miller, B. Williams, Braddock, Bristow, Jesernig and Winsley)

Transferring functions of corrections standards board to other state agencies.

House Committe on State Government

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (5)

     Signed by Representatives H. Sommers, Chair; Peery, Vice Chair; Chandler, Hankins and O'Brien.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Baugher, Sayan and Taylor.

House Staff:Pam Madson (786-7135)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

The Corrections Standards Board was established in 1981 as a board within the Washington State Jail Commission.  In 1983, the commission ceased to exist and the board assumed the functions of the commission.

The board is composed of nine voting members appointed by the governor and five nonvoting members representing the legislature and the Department of Corrections (DOC).

The board is responsible for:  (1) setting standards and distributing state funds for jail construction; (2) setting standards for prison operation; (3) monitoring compliance with prison standards; (4) setting standards for jail operation; (5) enforcing jail standards; and (6) gathering data on sentenced felons in jails and jail populations generally.

The board will cease to exist on July 1, 1987.  A review was conducted by the Legislative Budget Committee and the following recommendations were made:

           oThe board be terminated on January 1, 1988;

           oThe jail construction funding program be transferred to the Department of Community Development (DCD) or the Office of Financial Management (OFM);

           oJail population data collection be transferred to DOC;

           oJuvenile confinement compliance be transferred to the Department of Social and Health Services (DSHS);

           oDOC and DSHS adopt mandatory standards for the operation of adult and juvenile detention facilities under their control, and for local adult and juvenile facilities.

The board is assigned 10 FTE's for all functions performed during 1987.

SUMMARY:

The Corrections Standards Board terminates on July 1, 1987.

The following functions are transferred or eliminated:

           oThe juvenile confinement compliance function is transferred to the Department of Social and Health Services;

           oThe jail population data collection function is transferred to the Office of Financial Management;

           oThe local jail construction funding program shall be completed by the Office of Financial Management;

           oState mandated operating standards for local jails are eliminated; and

           oThe Department of Corrections shall adopt, no later than July 1, 1987, standards for operating its prison facilities.

EFFECT OF SENATE AMENDMENT(S):  The termination date of June 30, 1987 is repealed and the commission shall continue until June 30, 1989.  The remaining provisions of this act shall take effect on July 1, 1989.

Fiscal Note:    Not Requested.

Effective Date:The bill contains an emergency clause.  Section 15 takes effect immediately; sections 1 through 11 and sections 16, 17, 21 and 22 take effect July 1, 1987.

House Committee ‑ Testified For:     Jim Metcalf, Washington Association of Counties; John McKibbin, Clark County Commissioner; Art Curtis, Clark County Prosecuting Attorney; and Tom Lodge, Clark County Superior Court Judge.

House Committee - Testified Against: Bettie Rinehart and Bob Cote, members, Corrections Standards Board; Bernie Colligan, Washington Association of Sheriffs and Police Chiefs; Patria Robinson-Martin, Department of Corrections; Bob Gardner, Washington Association of Jail Administrators; Cleve Schuchman, Grant County Sheriff; Pat Allen, Chelan County Sheriff Department; Doug Blair, Yakima County Sheriff; Ray Gordon, Whatcom County Sheriff Department; William Harper, Snohomish County; Fred Diamondstone, American Civil Liberties Union; and Bob Stalker, Evergreen Legal Services.

House Committee - Testimony For:     State standards for local jails are no longer necessary.  Local governments and local jail management are sophisticated enough to run jails without state oversight.  Jails were built expecting to meet capacity needs to the year 2000.  The Sentencing Reform Act and determinate sentencing have expanded jail populations.  Local government needs the flexibility to meet jail population demands while complying with Constitutional standards.  Eliminating standards set at the state level does not mean that standards will cease to exist.  State standards at present are too rigid and require more than what is required by the Constitution to protect prisoner rights.  It is in the best interest of local governments to maintain Constitutional standards for local jails to prevent law suits and additional legal costs.

House Committee - Testimony Against: Defining and maintaining minimum standards for the operation of local and state detention facilities are necessary and important.  Setting standards for local jails is insufficient without independent inspection and enforcement.  Allowing locals to set standards will result in lowering jail standards because of cost pressures on local governments.

VOTE ON FINAL PASSAGE:

     Yeas 70; Nays 25; Absent 1; Excused 2

Voting Nay:     Representatives Ballard, Baugher, Belcher, Brekke, Cantwell, Cole, Doty, Ebersole, Jacobsen, P. King, R. King, Lewis, Lux, McLean, Moyer, Nelson, Patrick, Rayburn, Scott, Sprenkle, Taylor, Todd, Valle, Walk, K. Wilson

Absent:    Representative Sayan 

Excused:   Representatives Pruitt and C. Smith