SENATE BILL REPORT

SB 6419

BYSenators Thorsness, Talmadge, McCaslin, Niemi, Patrick and Moore; by request of Governor

Creating a jail standards incentive board.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 18, 1990; February 1, 1990

Majority Report:  That Substitute Senate Bill No. 6419 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Newhouse, Niemi, Patrick, Rasmussen, Talmadge, Thorsness.

Senate Staff:Ben Barnes (786-7465)

                  February 1, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 5, 1990

Majority Report:  That Second Substitute Senate Bill No. 6419 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Amondson, Bailey, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Newhouse, Owen, Saling, Smith, Talmadge, Warnke, Wojahn.

Senate Staff:Randy Hodgins (786-7715)

                  February 16, 1990

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 15, 1990

BACKGROUND:

While most cities and counties have adopted jail standards as required by RCW 70.48.071, many jails are seriously overcrowded and few can demonstrate compliance with these standards.  Although the Department of Corrections has attempted to provide technical and other assistance to local governments, there is no single statutory entity to address statewide issues of jail conditions on a systematic basis.

SUMMARY:

A Jail Standards Incentive Board is created consisting of nine members.  The board is required to advise and provide technical assistance to cities and counties operating jails; determine the boundaries of criminal justice regions and the locations, size, and classification of regional jail facilities; adopt advisory standards for city and county jails and inspect the jails for compliance with the standards; adopt rules for the submission and approval of jail population management plans and for monitoring and certification of the cities' and counties' compliance with such plans.

The board is authorized to distribute incentive funds to cities and counties for such purposes as helping the local jurisdiction meet jail standards or to forecast and plan for future correctional facilities.

The Department of Corrections is authorized to construct and operate regional jail facilities.  The board controls access to the regional jails for local government inmates and is required to adopt rules for the allocation and use of beds within each regional jail facility.  The board is also required to adopt rules regarding the commitment or transfer of local government inmates to the regional jail facilities.  Access to regional jails for the housing of state inmates is controlled by the Secretary of the Department of Corrections.

Cities and counties whose jail facilities comply with the advisory standards established by the board and whose population management plan is determined adequate by the Secretary of the Department of Corrections are only required to pay the direct variable cost of housing their inmates in a regional jail.  Those cities and counties which do not meet these requirements must pay the full per diem operational costs of housing their inmates at a regional jail.

EFFECT OF PROPOSED SUBSTITUTE:

The authority of the board or the Department of Corrections to site, construct, or operate regional jail facilities is removed.

The board is required to allocate bed space in state correctional facilities to local governments if such space is made available by law or agreement.

The board may require cities and counties to submit advisory jail population management plans.

The board is required to define a "jail population management plan."

Counties and cities may submit data on the admissions and releases of inmates held in county, city, and state facilities to the Office of Financial Management.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

Provisions which require the board to make recommendations regarding the participation of counties and cities in state correctional facilities and which specify varying reimbursement rates that local governments would be required to pay for the cost of housing their inmates in state facilities are removed.

The designation of the Office of Financial Management as the official forecasting agency for county and city jail inmate populations is removed.

The emergency clause is removed and an effective date of July 1, 1990 is established.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:July 1, 1990

Senate Committee - Testified: LAW & JUSTICE:  Chase Riveland, Department of Corrections; Andrea Dahl, Association of Washington Cities; Steve Schaub, King County; Bob Stacker, Evergreen Legal Services

Senate Committee - Testified: WAYS & MEANS:  Dave Savage, Department of Corrections