Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Public Safety Committee
SB 5694
Brief Description: Recognizing Indian tribes as among the governmental entities with which the department of corrections may enter into agreements on matters to include the housing of inmates convicted in tribal court.
Sponsors: Senators Stanford, Robinson and Wilson, C..
Brief Summary of Bill
  • Authorizes the Secretary of the Department of Corrections (DOC) to contract and enter into agreements with federally recognized tribes providing for the operation of any correctional facility or program for persons convicted of certain crimes and sentenced by the authority of federally recognized tribes, subject to certain requirements.
  • Authorizes the DOC to receive and imprison persons sentenced by the authority of federally recognized tribes in a state correctional institution. 
Hearing Date: 2/17/22
Staff: Corey Patton (786-7388).
Background:

A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation.  A tribe may receive federal recognition by federal congressional Act, by specific federal administrative procedures, or by decision of a federal court.  There are 574 federally recognized American Indian and Alaska Native tribes and villages.

 

The Secretary of the Department of Corrections (DOC) is responsible for the administration of adult correctional programs, including operation of all state correctional institutions or facilities used for the confinement of convicted felons.  The Secretary of the DOC is authorized to enter into agreements with any federal agency, any other state, or any state agency or local government providing for the operation of any correctional facility or program for persons convicted of felonies or misdemeanors or for juvenile offenders.  The DOC is authorized to receive and imprison persons sentenced by the authority of the United States or of any state or territory of the United States in a state correctional institution.  The Secretary of the DOC is authorized to contract with the proper officers or agencies of those jurisdictions, subject to the state's per diem rate for keeping persons imprisoned and the availability of vacant space and unused facilities.
Summary of Bill:

The Secretary of the Department of Corrections (DOC) is authorized to enter into agreements with federally recognized tribes providing for the operation of any correctional facility or program for persons convicted of felonies or misdemeanors or for juvenile offenders.  The DOC is authorized to receive and imprison persons sentenced by the authority of federally recognized tribes in a state correctional institution.  The Secretary of the DOC is authorized to contract with the proper officers or agencies of federally recognized tribes, subject to the state's per diem rate for keeping persons imprisoned and the availability of vacant space and unused facilities.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.