SENATE BILL REPORT

SB 6803

BYSenators Thorsness, Niemi, Nelson and McCaslin; by request of Department of Corrections

Establishing procedures for siting of correctional facilities.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 25, 1990; February 16, 1990

Majority Report:     That Substitute Senate Bill No. 6803 be substituted therefor, and the substitute bill do pass.

     Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Patrick, Thorsness.

Minority Report:     Do not pass.

     Signed by Senator Rasmussen.

Senate Staff:Ben Barnes (786-7465)

                February 27, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 16, 1990

BACKGROUND:

Population forecasts by the Criminal Justice Workgroup project a need for 2,232 beds by the end of the 1991 biennium and 3,351 beds by 1996.  To meet the projected need for beds, expedited siting, permitting, and judicial review of correctional facilities are required from state, local, and judicial entities involved.

Current law provides no time limits within which a local jurisdiction must review and issue or deny applications related to the construction of correctional facilities in its jurisdiction.  Challenges to the siting of a correctional facility and appeals to decisions made in the siting and permitting process are broad ranged because of the lack of expressed legislative intent as to the relevant criteria to be considered.  This is also true for challenges to environmental analyses conducted by the Department of Corrections.  There is concern that the proper administration of the criminal justice system and the protection of the citizens of this state are jeopardized by the lack of a formalized siting process.

Relevant criteria are considered with enacting procedures that will expedite the siting, location, and construction of correctional facilities.

SUMMARY:

A Correctional Facilities Siting Authority consisting of seven voting members is created and empowered to:  ascertain the areas and jurisdictions within which correctional facilities must be located; monitor and ensure compliance of time frames established for local government decisions related to siting and construction of correctional facilities; review and approve environmental analyses conducted by the Department of Corrections; select the specific site at which each correctional facility shall be constructed; and exercise the power of eminent domain.

Criteria to be considered by the Authority in the selection process is enumerated.  A selection process including public hearings, written findings and conclusions is established.

The decision of the Authority binds the state and all counties, cities, and political subdivisions of the state, with respect to approval of the final site selected.

Jurisdiction for review of final decisions of the Authority is conferred upon the State Supreme Court.  Review is by petition filed within 21 days of issuance of the Authority's decision, and is limited to review of the record of decision, any relevant environmental documents with respect to the location of the facility, and the adequacy of the environmental review.

State agencies, counties, cities, and political subdivisions are required to approve or deny applications for permits, licenses, and certificates necessary for construction and operation of correctional facilities within 45 days from the date of application.  The permit, license, or certificate is deemed to be issued if the agency fails to act within the specified time frame.

The director of the Department of Community Development is responsible for establishing standards for fire protection and safety and enforcing such standards with respect to state correctional facilities.

The Correctional Facilities Siting Authority is excluded from the provisions of the Administrative Procedure Act.

EFFECT OF PROPOSED SUBSTITUTE:

The statutory provisions that establish inmate population limits at the state correctional facilities located at Monroe and Shelton are repealed.

The legislative intent section is modified to apply only to the emergency renovation and construction of existing correctional facilities.

All other provisions of the original bill are deleted.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 22, 1990

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified:   Chase Riveland, DOC; Andrea Dahl, Association of Washington Cities; Mike Redman, WAPA (pro); Joe Kennedy, CAPS (con); Pat Hamilton, Stop the Proposed Prison President (con); R. Ryan, Stop the Proposed Prison Vice President (con); Gene Pillard (con); Kurt Sharar, Washington State Association of Counties; Marty Curry, city of Seattle (con); Wm. Hilsinger, Neighbors for a Safe Thurston County; Gail Lush, Stop the Proposed Prison Board of Directors (con)