SENATE BILL REPORT

ESB 5014

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, March 3, 2009

Title: An act relating to exempting special commitment center and private detention facility security information from disclosure under the public records act.

Brief Description: Concerning exempting special commitment center and private detention facility security information from public disclosure.

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

Brief History:

Committee Activity: Human Services & Corrections: 1/20/09 [DP].

Passed Senate: 3/03/09, 48-0.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report: Do pass.

Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens, Ranking Minority Member; Brandland, Carrell and McAuliffe.

Staff: Kevin Black (786-7747)

Background: The public disclosure law exempts from disclosure portions of records containing specific and unique vulnerability assessments, emergency plans, and escape response plans at a city, county, or state, adult or juvenile correctional facility. To be exempt, the disclosure must pose a substantial likelihood that the safety of the correctional facility or any individual would be threatened.

Summary of Engrossed Bill: Records containing specific and unique vulnerability assessments, emergency plans, or escape response plans at the Special Commitment Center (SCC) or a private detention facility are exempt from public disclosure as long as the disclosure of these records would pose a substantial likelihood that, if disclosed, the safety of the SCC, a private detention facility, or any individual would be threatened.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill would protect sensitive information which, in the wrong hands, could present a significant risk to public safety.

Persons Testifying: PRO: Kelly Cunningham, Department of Social and Health Services.