AN ACT
Relating to penal institutions; and amending RCW 9.94.010, 9.94.020, 9.94.030,
9.94.040, 9.94.041, and 9.94.049; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.94.010 and 1955 c 241 s 1 are each amended to read as follows:
Whenever
two or more inmates of a ((state penal)) correctional institution
assemble for any purpose, and act in such a manner as to disturb the good order
of ((such)) the institution and contrary to the commands of the
officers of ((such)) the institution, by the use of force or
violence, or the threat thereof, and whether acting in concert or not, they
shall be guilty of prison riot.
Sec.
2. RCW
9.94.020 and 1992 c 7 s 19 are each amended to read as follows:
Every
inmate of a ((state)) correctional ((facility)) institution
who is guilty of prison riot or of voluntarily participating therein by being
present at, or by instigating, aiding or abetting the same, shall be punished
by imprisonment in a state correctional ((facility)) institution
for not less than one year nor more than ten years, which shall be in addition
to the sentence being served.
Sec.
3. RCW 9.94.030
and 1992 c 7 s 20 are each amended to read as follows:
Whenever
any inmate of a ((state)) correctional ((facility)) institution
shall hold, or participate in holding, any person as a hostage, by force or
violence, or the threat thereof, or shall prevent, or participate in preventing
an officer of such institution from carrying out his or her duties, by force or
violence, or the threat thereof, he or she shall be guilty of a felony and upon
conviction shall be punished by imprisonment in a state correctional ((facility))
institution for not less than one year nor more than ten years.
Sec.
4. RCW
9.94.040 and 1979 c 121 s 1 are each amended to read as follows:
(1)
Every person serving a sentence in any ((penal)) state correctional
institution ((of this state)) who, without legal authorization ((pursuant
to law)), while in ((such penal)) the institution or while
being conveyed to or from ((such penal)) the institution((, or
while at any penal institution farm or forestry camp of such institution, or
while being conveyed to or from any such place)), or while under the
custody or supervision of institution officials, officers, or employees, or
while on any premises subject to the control of the institution, knowingly
possesses or carries upon his or her person or has under his or her control any
weapon, firearm, or any instrument which, if used, could produce serious bodily
injury to the person of another, is guilty of a class B felony.
(2)
Every person confined in a county or local correctional institution who,
without legal authorization, while in the institution or while being conveyed
to or from the institution, or while under the custody or supervision of
institution officials, officers, or employees, or while on any premises subject
to the control of the institution, knowingly possesses or has under his or her
control a deadly weapon, as defined in RCW 9A.04.110, is guilty of a class B
felony.
(3)
The sentence imposed under this section shall be in addition to any sentence
being served.
Sec.
5. RCW
9.94.041 and 1979 c 121 s 2 are each amended to read as follows:
(1)
Every person serving a sentence in any ((penal)) state correctional
institution ((of this state)) who, without legal authorization,
while in ((such penal)) the institution or while being conveyed
to or from ((such penal)) the institution, ((or while at any
penal institution farm or forestry camp of such institution, or while being
conveyed to or from any such place,)) or while under the custody or
supervision of institution officials, officers, or employees, or while on any
premises subject to the control of the institution, knowingly possesses or
carries upon his or her person or has under his or her control any narcotic
drug or controlled substance as defined in chapter 69.50 RCW is guilty of a
class C felony.
(2)
Every person confined in a county or local correctional institution who,
without legal authorization, while in the institution or while being conveyed
to or from the institution, or while under the custody or supervision of
institution officials, officers, or employees, or while on any premises subject
to the control of the institution, knowingly possesses or has under his or her
control any narcotic drug or controlled substance, as defined in chapter 69.50
RCW, is guilty of a class C felony.
(3)
The sentence imposed under this section shall be in addition to any sentence
being served.
Sec.
6. RCW
9.94.049 and 1992 c 7 s 21 are each amended to read as follows:
(1)
For the purposes of this chapter, the term "correctional institution"
means any place designated by law for the keeping of persons held in custody
under process of law, or under lawful arrest, including state prisons, county
and local jails, and other facilities operated by the department of corrections
or local governmental units primarily for the purposes of punishment,
correction, or rehabilitation following conviction of a criminal offense.
(2)
For the purposes of RCW 9.94.043 and 9.94.045, "state correctional
institution" means all state correctional facilities under the supervision
of the secretary of the department of corrections used solely for the purpose
of confinement of convicted felons.
