Z-1448               _______________________________________________

                                                   SENATE BILL NO. 6679

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Deccio and Kreidler; by request of Attorney General

Read first time 2/1/88 and referred to Committee on Health Care & Corrections.

AN ACT Relating to inmate personal property; and amending RCW 72.13.080.

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

        Sec. 1.  Section 8, chapter 214, Laws of 1959 as amended by section 204, chapter 141, Laws of 1979 and RCW 72.13.080are each amended to read as follows:

          The superintendent shall have the following powers, duties and responsibilities:

          (1) Subject to the rules and regulations of the department, the superintendent shall have supervision and management of the institution, the grounds and buildings, subordinate officers and employees, and the prisoners committed or transferred to such institution and the custody of such persons until released as provided by law.

          (2) Subject to the approval of the secretary, appoint all subordinate officers and employees, who shall be removable from employment by the superintendent, subject to the merit system rules of the state personnel board as may be established by law having jurisdiction of the officers and employees of the department of social and health services.

          (3) The superintendent shall be the custodian of the personal property of all inmates in the institution and shall make rules and regulations governing the accounting and disposition of all moneys received and earned by the inmates, not inconsistent with law, and subject to the approval of the secretary.  In no case shall the state of Washington, or any state officer, including state elected officials, employees, or volunteers, be liable for the loss of such personal property, except upon a showing that the loss was occasioned by the intentional act, gross negligence, or negligence of the officer, official, employee, or volunteer, and that the actions or omissions occurred while the person was performing, or in good faith purporting to perform, his or her official duties.  Recovery of damages for loss of personal property while in the custody of the superintendent under this subsection shall be limited to the lesser of the market value of the item lost at the time of the loss, or the original purchase price of the item or, in the case of hand-made goods, the materials used in fabricating the item.