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. The department's policies and procedures
implemented under this section shall also recognize the privileged nature of
confessions made by an offender to a member of the clergy or a priest in his or
her professional character, in the course of discipline enjoined by the church
to which he or she belongs as provided in RCW 5.60.060(3).
(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.
