Z-1088.3          _______________________________________________

                                  HOUSE BILL 2195

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State of Washington              54th Legislature             1996 Regular Session

By Representatives Blanton, Quall, Sheldon and Costa; by request of Department of Corrections

Read first time 01/08/96.  Referred to Committee on Corrections.

Authorizing the department of corrections to intercept, record, and divulge electronically monitored inmate conversations.

     AN ACT Relating to intercepting, recording, or divulging monitored inmate conversations; and amending RCW 9.73.095.

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 space.  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 conversation in inmate living units, cells, rooms, dormitories, and common space:

     (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) 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) 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 may not implement chapter . . ., Laws of 1996 (this act) until ninety days after all inmates or residents of a state correctional facility have been notified in writing that their nontelephonic conversations may be intercepted, recorded, and/or divulged.

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