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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