S-3645.1  _______________________________________________

                         SENATE BILL 6207

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Kohl, Long, Hargrove, Fairley, Zarelli, Kline, Goings, Schow, Thibaudeau, Haugen, Franklin, Fraser, Loveland, McAuliffe, Jacobsen, B. Sheldon, Snyder, Benton, Roach, Winsley and Oke

Read first time 01/13/98.  Referred to Committee on Human Services & Corrections.

Terminating employees and contractors who engage in sexual misconduct with inmates or residents of correctional facilities or institutions.

    AN ACT Relating to correctional facilities and institutions; adding a new section to chapter 13.40 RCW; and adding a new section to chapter 72.09 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) The department shall immediately terminate the employment of any person, or terminate the contract of any contractor that employs or has as an executive or officer any person:

    (a) Who has sexual intercourse or sexual contact with an inmate or resident of an institution under the jurisdiction of the department upon a finding by the department that the person had supervisory authority with regard to the inmate or resident; or

    (b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an inmate or resident of an institution under the jurisdiction of the department and the person had supervisory authority with regard to the inmate or resident.

    (2)(a) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for misconduct.

    (b)(i) The department may, within its discretion or upon request of any member of the public, release information to an individual or to the public regarding any person or contract terminated under this section.

    (ii) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.  The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

    (iii) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.  Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

    (c) Any person or contractor who employs a person who was terminated or was the cause of a contract termination under subsection (1) of this section is not eligible to bid on any contract offered by the state involving the supervision of inmates or residents under the jurisdiction of the department.

    (3) As used in this section, "sexual intercourse" and "sexual contact" have the meanings provided in RCW 9A.44.010.

NEW SECTION. Sec. 2.  A new section is added to chapter 72.09 RCW to read as follows:

    (1) The department shall immediately terminate the employment of any person, or terminate the contract of any contractor that employs or has as an executive or officer any person:

    (a) Who has sexual intercourse or sexual contact with an inmate or resident of a facility under the jurisdiction of the department upon a finding by the department that the person had supervisory authority with regard to the inmate or resident; or

    (b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an inmate or resident of a facility under the jurisdiction of the department and the person had supervisory authority with regard to the inmate or resident.

    (2)(a) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for misconduct.

    (b)(i) The department may, within its discretion or upon request of any member of the public, release information to an individual or to the public regarding any person or contract terminated under this section.

    (ii) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.  The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

    (iii) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.  Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

    (c) Any person or contractor who employs a person who was terminated or was the cause of a contract termination under subsection (1) of this section is not eligible to bid on any contract offered by the state involving the supervision of inmates or residents under the jurisdiction of the department.

    (3) As used in this section, "sexual intercourse" and "sexual contact" have the meanings provided in RCW 9A.44.010.

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