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                                           ENGROSSED HOUSE BILL NO. 2939

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                                                           AS AMENDED BY THE SENATE

                                                                          C 302 L 90 PV

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Braddock, Brooks, Morris, Jacobsen, Silver, Holland, Winsley and Baugher; by request of Department of Corrections

Read first time 1/26/90 and referred to Committee on Health Care. Referred to Committee on Appropriations 2/2/90.

AN ACT Relating to population limits at correctional institutions; adding new sections to chapter 72.02 RCW; creating new sections; and repealing RCW 72.02.180 and 72.02.190.

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

NEW SECTION. Sec. 1.  The following acts or parts of acts are each repealed:

                    (1) Section 109, chapter 136, Laws of 1981, section 2, chapter 350, Laws of 1985, section 4, chapter 143, Laws of 1988 and RCW 72.02.180; and

          (2) Section 14, chapter 143, Laws of 1988 and RCW 72.02.190.

NEW SECTION. Sec. 2.  A new section is added to chapter 72.02 RCW to read as follows:

          If the department of corrections provides new inmate beds, or provides double-bunks for existing cells, within ten miles of a city or town that is within three miles of correctional facilities that would have been subject to RCW 72.02.180 or 72.02.190, and if those facilities had an average annual inmate capacity of at least one thousand on the effective date of this act, the department shall, subject to appropriation by the legislature, provide mitigating funds to the city or town containing or closest to the facility with the new beds or double-bunked cells.  For purposes of determining the eligibility of a city or town for mitigation funds under this section, the average annual inmate capacity of correctional facilities within three miles of a city or town shall be combined.  The mitigation funds shall be calculated as follows:  The number of new beds or double-bunked cells divided by one thousand multiplied by the annual general fund‑-state operating budget of the department's correctional facilities within ten miles of that town or city, multiplied by one percent.  The city or town, in its discretion, may share the funds with other cities or the county in which the city or town is located.  The department shall provide mitigation funds annually, adjusted for changes in additional new beds or double-bunked cells and in the department's budget.  The funds authorized by this section shall be in addition to any other amounts that were authorized prior to the effective date of this act by the legislature or ordered by any court for the purpose of mitigating the impact of adult correctional facilities.

NEW SECTION. Sec. 3.     If specific funding for the purposes of section 2 of this act, referencing section 2 of this act by bill and section number, is not provided by June 30, 1990, in the omnibus appropriations act, section 2 of this act shall be null and void.

NEW SECTION. Sec. 4.  A new section is added to chapter 72.02 RCW to read as follows:

          The department of corrections shall provide annual financial assistance to the city and county of Walla Walla and the city of College Place in order to offset the direct economic costs incurred by the local governments as a result of the continued impact of the Washington state penitentiary and adjoining correctional facilities on city law enforcement, sewer, fire, water, and social services.  The funds authorized by this section shall be in addition to any other amounts authorized by the legislature prior to the effective date of this act for the purpose of mitigating the impact of adult correctional facilities on local governments.

NEW SECTION. Sec. 5.     If specific funding for the purposes of section 4 of this act, referencing section 4 of this act by bill and section number, is not provided by June 30, 1990, in the omnibus appropriations act, section 4 of this act shall be null and void.

NEW SECTION. Sec. 6.  A new section is added to chapter 72.02 RCW to read as follows:

          If the department of corrections increases the average daily inmate population at the Twin Rivers corrections center above the nonemergency statutory limit under RCW 72.02.180, the department shall, subject to appropriation by the legislature, provide annual mitigating funds to the county in which the corrections center is located.  The mitigation funds shall be calculated by multiplying the average daily inmate population that exceeds the nonemergency statutory limit for that fiscal year, by five hundred dollars.

NEW SECTION. Sec. 7.     If specific funding for the purposes of section 6 of this act, referencing section 6 of this act by bill and section number, is not provided by June 30, 1990, in the omnibus appropriations act, section 6 of this act shall be null and void.

NEW SECTION. Sec. 8.  A new section is added to chapter 72.02 RCW to read as follows:

          If inmate populations are increased at any institution as a result of the repeal of RCW 72.02.180 or 72.02.190, the department of corrections shall provide sufficient staffing at the institution to comply with the division of prisons custody model as adopted by the department.  In no event shall staffing levels be reduced below the levels in effect on the effective date of this act.

                                                                                                                           Passed the House March 6, 1990.

                                                                                                                                         Speaker of the House.

                                                                                                                           Passed the Senate March 2, 1990.

                                                                                                                                       President of the Senate.