SENATE BILL REPORT

SHB 2541

As Reported By Senate Committee On:

Judiciary, February 26, 2002

Title:  An act relating to interlocal agreements for jail services.

Brief Description:  Expanding authority for interlocal agreements for jail services.

Sponsors:  House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Hurst, Jarrett, Ballasiotes, O'Brien, Dickerson, Edwards, Miloscia, Morell, Rockefeller, Haigh and Linville).

Brief History:

Committee Activity:  Judiciary:  2/26/02 [DPA].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  Do pass as amended.

Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Johnson, Long, McCaslin, Poulsen, Thibaudeau and Zarelli.

Staff:   Aldo Melchiori (786‑7439)

Background:  Persons convicted of an offense punishable by incarceration in a city or county jail may be confined in the jail of other cities or counties pursuant to a contract for jail services. Contracts for jail services may be made between a county and a city located within that county or between counties.  A person convicted of an offense may be incarcerated in the jail of any city or county if they have a contract for jail services.

Summary of Amended Bill:  Contracts for jail services may be made between a county and a city, regardless of whether the city is within the county, or among counties and cities.  A person charged with an offense may also be incarcerated in the jail of any city or county if they have a contract for jail services.

A jurisdiction which has contracted for its defendants to be held in a jail of another county is responsible for providing private telephone, video-conferencing, or in-person contact between the defendant and his or her defense counsel.

Amended Bill Compared to Substitute Bill:  A jurisdiction that has contracted for the detention of defendants in another county's jail must provide for private contact with defense counsel.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Some county jails are full or will be full in the near future. This bill will allow more flexibility, especially when dealing with misdemeanor offenders.

Testimony Against:  Misdemeanor offenders can be transferred out of the county and it will be cost prohibitive to gain access to defense counsel (addressed in the striking amendment).

Testified:  PRO:  Mike Doubleday, City of Bellevue; Judge Peter Lukevich, District and Municipal Court Judge's Association; Doug Levy, City of Federal Way; CON:  Sherry Appleton, WDA/WACDL.