H‑0183.1   _____________________________________________

 

HOUSE BILL 1262

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives O'Brien, Casada, Doumit, Lambert, Cooper, Simpson, Reardon, Carrell, Quall, Delvin, Lovick, Kagi, Clements, Lisk, Armstrong, Ballasiotes, Conway and Talcott

 

Read first time 01/22/2001.  Referred to Committee on Appropriations.

_1      AN ACT Relating to felony costs of incarceration

_2  reimbursements; amending RCW 9.94A.190 and 70.48.410; providing an

_3  effective date; and declaring an emergency.

     

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_5      Sec. 1.  RCW 9.94A.190 and 2000 c 28 s 4 are each amended to read

_6  as follows:

_7      (1) A sentence that includes a term or terms of confinement

_8  totaling more than one year shall be served in a facility or

_9  institution operated, or utilized under contract, by the state.

10  The costs of incarceration for the portion of the sentence or

11  sentences served in the county jail, including credit given to the

12  offender for pretrial time served prior to an offender's transfer

13  to a state facility shall be the financial responsibility of the

14  state.  Reimbursement to the county for those costs shall not

15  exceed the highest rate charged by the county under its contract

16  with a municipal government during the year in which the costs

17  were incurred.  Except as provided in subsection (3) of this

18  section, a sentence of not more than one year of confinement shall

19  be served in a facility operated, licensed, or utilized under

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_1  contract, by the county, or if home detention or work crew has

_2  been ordered by the court, in the residence of either the offender

_3  or a member of the offender's immediate family.

_4      (2) If a county uses a state partial confinement facility for

_5  the partial confinement of a person sentenced to confinement for

_6  not more than one year, the county shall reimburse the state for

_7  the use of the facility as provided in this subsection.  The

_8  office of financial management shall set the rate of reimbursement

_9  based upon the average per diem cost per offender in the

10  facility.  The office of financial management shall determine to

11  what extent, if any, reimbursement shall be reduced or eliminated

12  because of funds provided by the legislature to the department for

13  the purpose of covering the cost of county use of state partial

14  confinement facilities.  The office of financial management shall

15  reestablish reimbursement rates each even-numbered year.

16      (3) A person who is sentenced for a felony to a term of not

17  more than one year, and who is committed or returned to

18  incarceration in a state facility on another felony conviction,

19  either under the indeterminate sentencing laws, chapter 9.95 RCW,

20  or under this chapter shall serve all terms of confinement,

21  including a sentence of not more than one year, in a facility or

22  institution operated, or utilized under contract, by the state,

23  consistent with the provisions of RCW 9.94A.400.

24      (4) Notwithstanding any other provision of this section, a

25  sentence imposed pursuant to RCW 9.94A.660 which has a standard

26  sentence range of over one year, regardless of length, shall be

27  served in a facility or institution operated, or utilized under

28  contract, by the state.

29      (5) All revenues derived from this section shall be considered

30  in contract negotiations under RCW 39.34.180(2).

     

31      Sec. 2.  RCW 70.48.410 and 1984 c 235 s 2 are each amended to read

32  as follows:

33      Persons convicted of a felony as defined by chapter 9A.20 RCW

34  and committed to the care and custody of the department of

35  corrections shall be the financial responsibility of the

36  department of corrections ((not later than the eighth day,

37  excluding weekends and holidays, following sentencing for the

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_1  felony and notification that the prisoner is available for

_2  movement to a state correctional institution.  However, if good

_3  cause is shown, a superior court judge may order the prisoner

_4  detained in the jail beyond the eight-day period for an additional

_5  period not to exceed ten days.  If a superior court orders a

_6  convicted felon to be detained beyond the eighth day following

_7  sentencing, the county or city shall retain financial

_8  responsibility for that ten-day period or portion thereof ordered

_9  by the court)).

     

10      NEW SECTION.  Sec. 3.  Section 1 of this act is necessary for the

11  immediate preservation of the public peace, health, or safety, or

12  support of the state government and its existing public

13  institutions, and takes effect July 1, 2001.

 

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