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SUBSTITUTE HOUSE BILL 2541
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AS AMENDED BY THE SENATE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 02/05/2002. Referred to
Committee on .
Expanding authority for
interlocal agreements for jail services.
AN ACT Relating to
interlocal agreements for jail services; and amending RCW 70.48.090 and
70.48.220.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.48.090 and 1987 c
462 s 7 are each amended to read as follows:
(1) Contracts for jail
services may be made between a county and a city ((located within the
boundaries of a county)), and among counties and cities. The
contracts shall: Be in writing, give one governing unit the responsibility for
the operation of the jails, specify the responsibilities of each governing unit
involved, and include the applicable charges for custody of the prisoners as
well as the basis for adjustments in the charges. The contracts may be
terminated only by ninety days written notice to the governing units involved
and to the office. The notice shall state the grounds for termination and the
specific plans for accommodating the affected jail population.
(2) The contract
authorized in subsection (1) of this section shall be for a minimum term of ten
years when state funds are provided to construct or remodel a jail in one
governing unit that will be used to house prisoners of other governing units.
The contract may not be terminated prior to the end of the term without the
office's approval. If the contract is terminated, or upon the expiration and
nonrenewal of the contract, the governing unit whose jail facility was built or
remodeled to hold the prisoners of other governing units shall pay to the state
treasurer the amount set by the corrections standards board or office when it
authorized disbursal of state funds for the remodeling or construction under
RCW 70.48.120. This amount shall be deposited in the local jail improvement
and construction account and shall fairly represent the construction costs
incurred in order to house prisoners from other governing units. The office
may pay the funds to the governing units which had previously contracted for
jail services under rules which the office may adopt. The acceptance of state
funds for constructing or remodeling consolidated jail facilities constitutes
agreement to the proportionate amounts set by the office. Notice of the
proportionate amounts shall be given to all governing units involved.
(3) A city or county
primarily responsible for the operation of a jail or jails may create a
department of corrections to be in charge of such jail and of all persons
confined therein by law, subject to the authority of the governing unit. If
such department is created, it shall have charge of jails and persons confined
therein. If no such department of corrections is created, the chief law
enforcement officer of the city or county primarily responsible for the
operation of said jail shall have charge of the jail and of all persons
confined therein.
Sec. 2. RCW 70.48.220 and 1979
ex.s. c 232 s 19 are each amended to read as follows:
A person ((convicted
of)) confined for an offense punishable by imprisonment in a city or
county jail may be confined in the jail of any city or county contracting with
the prosecuting city or county for jail services.
A
jurisdiction that confines persons prior to conviction in a jail in another
county is responsible for providing private telephone, video-conferencing, or
in-person contact between the defendant and his or her public defense counsel.
