Brief Description: Regarding public disclosure of civil confinement facility information.

Sponsors: Senators McAuliffe, Stevens, Brandland, Carrell, Regala and Delvin; by request of Department of Social and Health Services.

Hearing Date: 2/26/08

Staff: Tracey Taylor (786-7196).

Background:

The Public Records Act (PRA) requires that all state and local government agencies make
all public records available for public inspection and copying unless they fall within certain
statutory exemptions. The provisions requiring public records disclosure must be interpreted
liberally and the exemptions narrowly in order to effectuate a general policy favoring disclosure.

Among the statutory exemptions are portions of records containing specific and unique vulnerability assessments of emergency and escape plans at a city, county or state juvenile correctional facility. To meet this exemption, the disclosure must pose a substantial likelihood that the safety of the correctional facility or any individual would be threatened.

The PRA requires agencies to respond to public records requests within five business days. The agency must either provide the records, provide a reasonable estimate of the time the agency will take to respond to this request, or deny the request. Additional time may be required to respond to a request where the agency needs to notify third parties or agencies affected by the request or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. For practical purposes, the law treats a failure to properly respond as denial. A denial of a public records request must be accompanied by a written statement of the specific reasons for denial.

Any person who is denied the opportunity to inspect or copy a public record may file a motion to show cause in superior court why the agency has refused access to the record. The burden of proof rests with the agency to establish that the refusal is consistent with the statute that exempts or prohibits disclosure. Judicial review of the agency decision is de novo and the court may examine the record in camera. Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record shall be awarded all costs, including reasonable attorney fees. In addition, the court has the discretion to award such person no less than five dollars and not to exceed $100 for each day he or she was denied the right to inspect or copy the public record. The court's discretion lies in the amount per day, but the court may not adjust the number of days for which the agency is fined.

Summary of Bill:

Records containing specific and unique vulnerability assessments of emergency and escape plans at the Special Commitment Center are exempt from the PRA as long as the disclosure of these records would pose a substantial likelihood that, if disclosed, the safety of the correctional facility or any individual would be threatened.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.