BP BHEAD INT S

AN ACT Relating to private corrections facilities; amending RCW 13.06.030 and 72.01.050; adding a new chapter to Title 72 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) There is overcrowding in many correctional facilities and programs operated by state and local governments that puts a strain on the budgets of state and local governments.

(2) This overcrowding and corresponding budget strain is likely to become more acute during the next several years due to increases in (a) convictions for crimes involving violence and controlled substances, especially by juveniles; (b) the terms of confinement for repeat offenders of property crimes under the sentencing reform act; and (c) the number of repeat offenders under laws prohibiting driving while intoxicated.

(3) Public safety and budget constraints require innovative approaches to alleviate these problems.

(4) In many cases, the private sector has the willingness and the capability to provide correctional services to state and local governments at a substantial savings over what these governments are currently spending in providing these services.

(5) Currently there are correctional facilities to house the criminal population that have been built but remain empty due to budget constraints.

Therefore, it is the intent of the legislature to allow a unit of government to contract with the private sector to perform services currently performed by a corrections agency.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Correctional facility, program, or service" means a facility, program, or service, that is operated or provided by a nongovernmental agency that:

(a) May provide residential and nonresidential accommodations and services for offenders, juvenile offenders, and detainees;

(b) Provides programs and services to aid offenders, juvenile offenders, and detainees in obtaining and holding regular employment, in enrolling in and maintaining academic courses, in participating in vocational training programs, in utilizing the resources of the community in meeting their personal and family needs, and in participating in whatever specialized treatment programs exist within the community; and

(2) "Detainee" means an adult or juvenile who is held in a correctional or detention facility pending trial or adjudication.

(3) "Juvenile offender" means a juvenile who has been adjudicated an offender or a child in need of supervision, by the juvenile court.

(4) "Nongovernmental agency" means a person or organization other than a unit of government or agency thereof and includes private profit organizations.

(5) "Offender" means an adult who has entered a plea of guilty or has been convicted of a felony or misdemeanor.

(6) "Releasing entity" means the entity having responsibility for setting dates for releasing adult or juvenile offenders from state institutions prior to the completion of their sentence.

(7) "Unit of local government" means a county, city, or town and includes the sheriff and the sheriff's department.

NEW SECTION. Sec. 3. (1) A unit of local government may utilize nongovernmental correctional facilities programs and services established pursuant to this chapter necessary to serve its own needs and those of its courts and its agencies and may enter into contracts or agreements with nongovernmental agencies for the placement or supervision of offenders, juvenile offenders, and detainees in nongovernmental correctional facilities, programs, or services, notwithstanding the provisions of RCW 41.06.380.

(2) Units of local government shall establish procedures for screening offenders, juvenile offenders, or detainees who are to be placed in nongovernmental correctional facilities, programs, or services pursuant to this chapter. Specific screening procedures to be used for a particular facility, program, or service shall be included in the contract.

(3) The unit of local government shall review, inspect, and evaluate all correctional facilities, programs, and services that are operated or provided by nongovernmental agencies within the county or unit of local government and that provide accommodations or services to offenders, juvenile offenders, and detainees referred only by the local government, its agencies, or its local courts.

(4) All correctional facilities, programs, and services operated or provided by nongovernmental agencies shall conform to the guidelines established pursuant to section 5 of this act.

NEW SECTION. Sec. 4. The secretary of social and health services and the secretary of corrections, as appropriate, shall regularly review, monitor, inspect, and evaluate all adult and juvenile correctional facilities, programs, and services operating within the state that are operated or provided by nongovernmental agencies except correctional facilities, programs, or services that provide services or accommodations only to offenders, juvenile offenders, or detainees referred by units of local government.

NEW SECTION. Sec. 5. (1) Every contract for services entered into pursuant to this chapter shall provide guidelines for the operation of the nongovernmental correctional facility or program and minimum standards for the services provided, including:

(a) Requirements for strict accountability procedures and practices for the conduct and supervision of offenders, juvenile offenders, and detainees including requirements for twenty-four hour supervision of offenders, juvenile offenders, and detainees in residential programs;

(b) Guidelines for periodic and unscheduled tests to determine the use of drugs by offenders, juvenile offenders, and detainees; and

(2) Prior to entering into contracts with a nongovernmental agency, the secretary of social and health services if it is a juvenile correction facility, or the secretary of corrections if it is an adult correction facility shall submit the contract and proposed guidelines for the use of a facility, program, or service to the governing body of an affected unit of local government for its review and recommendations.

(3) The guidelines and standards required by this section shall be developed pursuant to section 11 of this act.

(4) No contract for the purchase of materials, equipment, supplies, or services may be entered into pursuant to sections 2 through 13 of this act by an elected or appointed correction official until after bids have been submitted to the executive in charge of a state, county, or local corrections department. Bid specifications shall be in writing and shall be filed with the proper state, county, or local corrections department for public inspection. An advertisement shall be published in a newspaper in the proper area stating the time and place where bids will be opened, the time after which bids will not be received, the materials, equipment, supplies, or services to be purchased, and that the specifications may be seen at the office of the proper state, county, or local corrections department. The advertisement shall be published at least once at least ten days prior to the last date upon which bids will be received.

(5) The bids shall be in writing and filed with the proper corrections department. The bids shall be opened and read in public at the time and place named in the advertisement. Immediately after the award is made, the bid quotations shall be recorded and open to public inspection and shall be available by telephone inquiry. Any or all bids may be rejected for good cause.

(6) For advertisement and formal sealed bidding to be dispensed with as to purchases between two thousand five hundred and twenty-five thousand dollars, the state, county, or local corrections department must use the uniform process to award contracts as provided in RCW 39.04.190.

(7) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

(8) An entity contracting for the purchase of materials, equipment, supplies, or services pursuant to this chapter may submit its own cost proposal bid capturing all attributable costs, and subject to the same terms and conditions that apply to the nongovernmental proposals.

(9) The contract shall be awarded to the lowest responsible and responsive public or private bidder who demonstrates an ability to provide the same quality and quantity of materials, equipment, supplies, or services at a lower cost.

(10) A public or private contractor that fails to provide the service as specified shall be either financially penalized or replaced by another contractor, or both.

(11) A contract for the purchase of materials, equipment, supplies, or services shall be sought in sufficient time to award a new contract commencing at the expiration of the previous contract. New contract bids shall be sought regardless of whether the incumbent contractor is a private company or public entity.

(12)(a) A public entity contracting out for the purchase of materials, equipment, supplies, or services shall attempt to avoid accepting "low-ball" bids, or bids that are below the contractors actual cost yet seek to make up the cost from other public services so that the cost to the public entity is the same as or higher than other non "low-ball" bids. In order to avoid "low-ball" bids, the public entity shall require that bids by both public and private bidders be submitted at the same time and under the same terms.

(b) The evaluation of bid proposals shall not be done by a person who was involved in any way in the preparation of a bid by a public bidder.

NEW SECTION. Sec. 6. (1) Subject to subsection (2) of this section, following the determination that a person is a juvenile offender, or the determination of an adult offender's conviction of, or his or her plea of guilty, to a misdemeanor or to a felony, the sentencing court may order that the juvenile or adult offender participate in a correctional program during all or a part of his or her sentence provided that the court is authorized by law to place the juvenile offender or adult offender in such a correctional program.

(2) Placement of an offender or juvenile offender in a nongovernmental correctional program under this section shall be ordered by the court only if:

(a) The correctional program is operated by a nongovernmental agency that has entered into a contract as authorized in section 5 or 10 of this act; and

(b) Funding for the placement is available.

(3) Prior to the placement of an offender or juvenile offender in a nongovernmental correctional program, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.

(4) The law enforcement agency for the jurisdiction shall be responsible for recommendations to the judge for the utilization of a nongovernmental correctional program that has been approved for use. Nothing in this chapter is intended to change the existing authority of the law enforcement agency. If the law enforcement agency presently has the authority to prepare presentence reports or make disposition recommendations, they should continue to have the authority. If other governmental or nongovernmental employees have the authority, they should continue to exercise it. The recommendations shall take into account the potential risk resulting from the placement of the offender into the nongovernmental correctional program, as well as the aptitude, attitude, and social and occupational skills of the offender.

(5) Where supervision is the responsibility of the courts in the state, the courts may, in accordance with state procurement law, contract under this chapter with nongovernmental agencies to provide supervision services.

NEW SECTION. Sec. 7. The chief law enforcement officer or officials of the state, county, or judicial district shall have general supervisory authority over all offenders, juvenile offenders, and detainees placed in a correctional facility, program, or service under this chapter in accordance with their existing statutory responsibilities for the offenders, juvenile offenders, and detainees.

NEW SECTION. Sec. 8. (1) Subject to subsection (2) of this section, the responsible state agency may place an offender, juvenile offender, or detainee in a correctional facility, program, or service under this chapter.

(2) A placement under this section may be made only if:

(a) The correctional facility, program, or service is operated under a contract with the state to provide residential care of offenders, juvenile offenders, or detainees; and

(b) Funding for the placement is available.

(3) Prior to the placement of an individual in a nongovernmental residential facility, the state agency having responsibility for the offender, juvenile offender, or detainee shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the transferal to be placed.

NEW SECTION. Sec. 9. The secretary of social and health services and the secretary of corrections shall determine if any correctional facility that currently exists but is not in operation because of budgetary constraints could be operated within available funds by contracting with a nongovernmental agency. A contract with a nongovernmental agency for the operation of such a facility must be in compliance with the provisions of this chapter.

NEW SECTION. Sec. 10. Subject to legislative appropriation, the state may, in accordance with state procurement law, contract under this chapter with nongovernmental agencies to operate correctional facilities and programs to provide correctional services for offenders, juvenile offenders, and detainees, notwithstanding the provisions of RCW 41.06.380.

NEW SECTION. Sec. 11. (1) The state shall:

(a) Establish minimum facility standards for correctional facilities operated by a nongovernmental agency receiving funds under this chapter;

(b) Establish minimum standards for programs and services provided by a nongovernmental agency receiving funds under this chapter;

(c) Prescribe accounting and reporting standards for all nongovernmental agencies operating correctional facilities or providing correctional programs or services under this chapter;

(d) Establish a per diem rate to be paid program providers operating correctional facilities under this chapter which shall not exceed the daily cost of providing the same programs or services at a state penitentiary or juvenile institution; and

(e) Adopt rules reasonably necessary to carry out the provisions of this chapter.

(2) The nongovernmental correctional facility, program, and service standards developed by the state shall take into consideration the standards of the American correctional association and other appropriate professional accreditation organizations. A nongovernmental correctional facility, program, or service shall not be approved unless it complies with the most recent standards established by the American correctional association which are appropriate for the specific type of facility, program, or service. Nothing in this chapter is intended to revoke more stringent state standards.

NEW SECTION. Sec. 12. An offender, juvenile offender, or detainee is deemed guilty of escape from official detention and shall be punished as provided by law if, without proper authorization, he or she:

(1) Fails to remain within the extended limits of his or her confinement, or to return within the time prescribed to a nongovernmental correctional facility to which he or she was assigned or transferred; or

(2) Being a participant in a program established under the provisions of this chapter, he or she leaves his or her place of employment or fails or neglects to return to a nongovernmental correctional facility within the time prescribed or when specifically ordered to do so.

NEW SECTION. Sec. 13. Either the state department of corrections or the department of social and health services, or both shall submit an annual report to the legislature describing the number of nongovernmental correctional facilities, programs, and services that have been established pursuant to this chapter. The report shall list the number of offenders, juvenile offenders, and detainees assigned to those facilities, programs, or services, and the extent to which offenders, juvenile offenders, and detainees have received and benefited from services related to their rehabilitation, and the rate of success as compared to offenders, juvenile offenders, and detainees in government operated correctional facilities, programs, or services.

Sec. 14. RCW 13.06.030 and 1983 c 191 s 3 are each amended to read as follows:

(1) The department of social and health services shall adopt rules prescribing minimum standards for the operation of consolidated juvenile services programs for juvenile offenders and such other rules as may be necessary for the administration of the provisions of this chapter. Consolidated juvenile services is a mechanism through which the department of social and health services supports local county comprehensive program plans in providing services to offender groups. Standards shall be sufficiently flexible to support current programs which have demonstrated effectiveness and efficiency, to foster development of innovative and improved services for juvenile offenders, to permit direct contracting with private vendors, and to encourage community support for and assistance to local programs. The secretary of social and health services shall seek advice from appropriate juvenile justice system participants in developing standards and procedures for the operation of consolidated juvenile services programs and the distribution of funds under this chapter.

(2) The secretary of social and health services shall assist all state, county, and local governments that have responsibility for the care and supervision of juvenile offenders in placing the juvenile offenders in correctional facilities and programs set up under chapter 72.-- RCW (sections 2 through 13 of this act).

Sec. 15. RCW 72.01.050 and 1992 c 7 s 51 are each amended to read as follows:

(1) The secretary of social and health services shall have full power to manage and govern the following public institutions: The western state hospital, the eastern state hospital, the northern state hospital, the state training school, the state school for girls, Lakeland Village, the Rainier school, and such other institutions as authorized by law, subject only to the limitations contained in laws relating to the management of such institutions.

(2) The secretary of corrections shall have full power to manage, govern, and name all state correctional facilities, subject only to the limitations contained in laws relating to the management of such institutions.

(3) If any state correctional facility is fully or partially destroyed by natural causes or otherwise, the secretary of corrections may, with the approval of the governor, provide for the establishment and operation of additional residential correctional facilities to place those inmates displaced by such destruction. However, such additional facilities may not be established if there are existing residential correctional facilities to which all of the displaced inmates can be appropriately placed. The establishment and operation of any additional facility shall be on a temporary basis, and the facility may not be operated beyond July 1 of the year following the year in which it was partially or fully destroyed.

(4) The secretary of social and health services shall assist all state, county, and local governments that have responsibility for the care and supervision of adult offenders in placing the adult offenders in correctional facilities and programs set up under chapter 72.-- RCW (sections 2 through 13 of this act).

NEW SECTION. Sec. 16. Sections 2 through 13 of this act shall constitute a new chapter in Title 72 RCW.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 18. This act shall take effect June 30, 1994.