AN ACT
Relating to intercepting, recording, or divulging monitored inmate
conversations; amending RCW 9.73.095; creating a new section; repealing RCW
9.73.145; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.73.095 and 1989 c 271 s 210 are each amended to read as follows:
(1)
RCW 9.73.030 through 9.73.080 shall not apply to employees of the department of
corrections in the following instances: Intercepting, recording, or divulging
any telephone calls from an inmate or resident of a state correctional facility;
or intercepting, recording, or divulging any monitored nontelephonic
conversations in inmate living units, cells, rooms, dormitories, and common
spaces where inmates may be present. For the purposes of this section,
"state correctional facility" means a facility that is under the
control and authority of the department of corrections, and used for the
incarceration, treatment, or rehabilitation of convicted felons.
(2)
All personal calls made by inmates shall be collect calls only. The calls will
be "operator announcement" type calls. The operator shall notify the
receiver of the call that the call is coming from a prison inmate, and that it
will be recorded and may be monitored.
(3)
The department of corrections shall adhere to the following procedures and
restrictions when intercepting, recording, or divulging any telephone calls
from an inmate or resident of a state correctional facility as provided for by
this section. The department shall also adhere to the following procedures
and restrictions when intercepting, recording, or divulging any monitored
nontelephonic conversations in inmate living units, cells, rooms, dormitories,
and common spaces where inmates may be present:
(a) ((Before
the implementation of this section, all inmates or residents of a state
correctional facility shall be notified in writing that, as of May 7, 1989,
their telephone conversations may be intercepted, recorded, and/or divulged.
(b))) Unless
otherwise provided for in this section, after intercepting or recording ((a
telephone)) any conversation, only the superintendent and his or her
designee shall have access to that recording.
(((c)))
(b) The contents of ((an)) any intercepted and recorded ((telephone))
conversation shall be divulged only as is necessary to safeguard the orderly
operation of the correctional facility, in response to a court order, or in the
prosecution or investigation of any crime.
(((d)))
(c) All ((telephone)) conversations that are recorded under this
section, unless being used in the ongoing investigation or prosecution of a
crime, or as is necessary to assure the orderly operation of the correctional
facility, shall be destroyed one year after the intercepting and recording.
(4) So
as to safeguard the sanctity of the attorney-client privilege, the department
of corrections shall not intercept, record, or divulge any conversation between
an inmate or resident and an attorney. The department shall develop policies
and procedures to implement this section.
(5)
The department shall notify in writing all inmates, residents, and personnel of
state correctional facilities that their nontelephonic conversations may be
intercepted, recorded, or divulged in accordance with the provisions of this
section.
(6)
The department shall notify all visitors to state correctional facilities who
may enter inmate living units, cells, rooms, dormitories, or common spaces
where inmates may be present, that their conversations may intercepted,
recorded, or divulged in accordance with the provisions of this section. The
notice required under this subsection shall be accomplished through a means no
less conspicuous than a general posting in a location likely to be seen by
visitors entering the facility.
NEW
SECTION. Sec. 2. The
department shall provide the notification required under RCW 9.73.095(5) to all
current inmates, residents, and personnel no later than May 1, 1996. Posting
of the notification to visitors required under RCW 9.73.095(6) shall be in
place no later than July 1, 1996.
NEW
SECTION. Sec. 3. RCW 9.73.145 and 1989 c
31 s 1 are each repealed.
NEW
SECTION. Sec. 4. (1)
Sections 1 and 3 of this act shall take effect August 1, 1996.
(2)
Section 2 of this act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect immediately.
