AN ACT Relating to
sexual misconduct by employees of custodial agencies; adding a new section to
chapter 13.40 RCW; adding a new section to chapter 72.09 RCW; and creating a
new section.
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) When the secretary
has reasonable cause to believe that sexual intercourse or sexual contact
between an employee and an offender has occurred, notwithstanding any rule
adopted under chapter 41.06 RCW the secretary shall immediately suspend the
employee.
(2) The secretary shall
immediately institute proceedings to terminate the employment of any person:
(a) Who is found by the
department, based on a preponderance of the evidence, to have had sexual
intercourse or sexual contact with the offender; or
(b) Upon a guilty plea
or conviction for any crime specified in chapter 9A.44 RCW when the victim was
an offender.
(3) When the secretary
has reasonable cause to believe that sexual intercourse or sexual contact
between the employee of a contractor and an offender has occurred, the
secretary shall require the employee of a contractor to be immediately removed
from any employment position which would permit the employee to have any access
to any offender.
(4) The secretary shall
disqualify for employment with a contractor in any position with access to an
offender, any person:
(a) Who is found by the
department, based on a preponderance of the evidence, to have had sexual
intercourse or sexual contact with the offender; or
(b) Upon a guilty plea
or conviction for any crime specified in chapter 9A.44 RCW when the victim was
an offender.
(5) The secretary, when
considering the renewal of a contract with a contractor who has taken action
under subsection (3) or (4) of this section, shall require the contractor to
demonstrate that there has been significant progress made in reducing the
likelihood that any of its employees will have sexual intercourse or sexual
contact with an offender. The secretary shall examine whether the contractor
has taken steps to improve hiring, training, and monitoring practices and
whether the employee remains with the contractor. The secretary shall not
renew a contract unless he or she determines that significant progress has been
made.
(6)(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 public.
(iii) Except as
provided in chapter 42.17 RCW, or elsewhere, 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 (2) of this section is confidential except as may otherwise be
provided by law.
(7) The department
shall adopt rules to implement this section. The rules shall reflect the
legislative intent that this section prohibits individuals who are employed by
the department or a contractor of the department from having sexual intercourse
or sexual contact with offenders. The rules shall also reflect the legislative
intent that when a person is employed by the department or a contractor of the
department, and has sexual intercourse or sexual contact with an offender
against the employed person's will, the termination provisions of this section
shall not be invoked.
(8) As used in this
section:
(a)
"Contractor" includes all subcontractors of a contractor;
(b)
"Offender" means a person under the jurisdiction or supervision of
the department; and
(c) "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) When the secretary
has reasonable cause to believe that sexual intercourse or sexual contact
between an employee and an inmate has occurred, notwithstanding any rule
adopted under chapter 41.06 RCW the secretary shall immediately suspend the
employee.
(2) The secretary shall
immediately institute proceedings to terminate the employment of any person:
(a) Who is found by the
department, based on a preponderance of the evidence, to have had sexual
intercourse or sexual contact with the inmate; or
(b) Upon a guilty plea
or conviction for any crime specified in chapter 9A.44 RCW when the victim was
an inmate.
(3) When the secretary
has reasonable cause to believe that sexual intercourse or sexual contact
between the employee of a contractor and an inmate has occurred, the secretary
shall require the employee of a contractor to be immediately removed from any
employment position which would permit the employee to have any access to any
inmate.
(4) The secretary shall
disqualify for employment with a contractor in any position with access to an
inmate, any person:
(a) Who is found by the
department, based on a preponderance of the evidence, to have had sexual
intercourse or sexual contact with the inmate; or
(b) Upon a guilty plea
or conviction for any crime specified in chapter 9A.44 RCW when the victim was
an inmate.
(5) The secretary, when
considering the renewal of a contract with a contractor who has taken action
under subsection (3) or (4) of this section, shall require the contractor to
demonstrate that there has been significant progress made in reducing the
likelihood that any of its employees will have sexual intercourse or sexual
contact with an inmate. The secretary shall examine whether the contractor has
taken steps to improve hiring, training, and monitoring practices and whether
the employee remains with the contractor. The secretary shall not renew a
contract unless he or she determines that significant progress has been made.
(6)(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 public.
(iii) Except as
provided in chapter 42.17 RCW, or elsewhere, 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 (2) of this section is confidential except as may otherwise be
provided by law.
(7) The department
shall adopt rules to implement this section. The rules shall reflect the
legislative intent that this section prohibits individuals who are employed by
the department or a contractor of the department from having sexual intercourse
or sexual contact with inmates. The rules shall also reflect the legislative
intent that when a person is employed by the department or a contractor of the
department, and has sexual intercourse or sexual contact with an inmate against
the employed person's will, the termination provisions of this section shall
not be invoked.
(8) As used in this
section:
(a)
"Contractor" includes all subcontractors of a contractor;
(b) "Inmate"
means an inmate as defined in RCW 72.09.015 or a person under the supervision
of the department; and
(c) "Sexual intercourse"
and "sexual contact" have the meanings provided in RCW 9A.44.010.
NEW
SECTION. Sec. 3. Nothing in section 1 or 2
of this act affects any collective bargaining agreement in place on the
effective date of this act.
