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SENATE BILL 5427

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Hargrove, McCaslin, Sheahan, T. Sheldon, Hewitt and Oke

 

Read first time 01/23/2001.  Referred to Committee on Human Services & Corrections.

_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 exceed

15  the highest rate charged by the county under its contract with a

16  municipal government during the year in which the costs were

17  incurred.  Except as provided in subsection (3) of this section, a

18  sentence of not more than one year of confinement shall be served

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_1  in a facility operated, licensed, or utilized under contract, by

_2  the county, or if home detention or work crew has been ordered by

_3  the court, in the residence of either the offender or a member of

_4  the offender's immediate family.

_5      (2) If a county uses a state partial confinement facility for

_6  the partial confinement of a person sentenced to confinement for

_7  not more than one year, the county shall reimburse the state for

_8  the use of the facility as provided in this subsection.  The office

_9  of financial management shall set the rate of reimbursement based

10  upon the average per diem cost per offender in the facility.  The

11  office of financial management shall determine to what extent, if

12  any, reimbursement shall be reduced or eliminated because of funds

13  provided by the legislature to the department for the purpose of

14  covering the cost of county use of state partial confinement

15  facilities.  The office of financial management shall reestablish

16  reimbursement rates each even-numbered year.

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

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

19  incarceration in a state facility on another felony conviction,

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

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

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

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

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

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

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

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

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

29  contract, by the state.

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

31  in contract negotiations under RCW 39.34.180(2).

     

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

33  as follows:

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

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

36  corrections shall be the financial responsibility of the

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

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_1  excluding weekends and holidays, following sentencing for the

_2  felony and notification that the prisoner is available for

_3  movement to a state correctional institution.  However, if good

_4  cause is shown, a superior court judge may order the prisoner

_5  detained in the jail beyond the eight-day period for an additional

_6  period not to exceed ten days.  If a superior court orders a

_7  convicted felon to be detained beyond the eighth day following

_8  sentencing, the county or city shall retain financial

_9  responsibility for that ten-day period or portion thereof ordered

10  by the court)).

     

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

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

13  support of the state government and its existing public

14  institutions, and takes effect July 1, 2001.

 

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