BILL REQ. #:  H-4450.2 

READ FIRST TIME 02/02/10.   

     AN ACT Relating to the use of restraints on pregnant women or youth; amending RCW 72.09.015 and 13.40.020; reenacting and amending RCW 70.48.020; adding a new section to chapter 72.09 RCW; adding a new section to chapter 70.48 RCW; and adding a new section to chapter 13.40 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 72.09.015 and 2009 c 521 s 165 are each amended to read as follows:
     The definitions in this section apply throughout this chapter.
     (1) "Adult basic education" means education or instruction designed to achieve general competence of skills in reading, writing, and oral communication, including English as a second language and preparation and testing services for obtaining a high school diploma or a general equivalency diploma.
     (2) "Base level of correctional services" means the minimum level of field services the department of corrections is required by statute to provide for the supervision and monitoring of offenders.
     (3) "Community custody" has the same meaning as that provided in RCW 9.94A.030 and also includes community placement and community supervision as defined in RCW 9.94B.020.
     (4) "Contraband" means any object or communication the secretary determines shall not be allowed to be: (a) Brought into; (b) possessed while on the grounds of; or (c) sent from any institution under the control of the secretary.
     (5) "Correctional facility" means a facility or institution operated directly or by contract by the secretary for the purposes of incarcerating adults in total or partial confinement as defined in RCW 9.94A.030.
     (6) "County" means a county or combination of counties.
     (((6))) (7) "Department" means the department of corrections.
     (((7))) (8) "Earned early release" means earned release as authorized by RCW 9.94A.728.
     (((8))) (9) "Evidence-based" means a program or practice that has had multiple-site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective in reducing recidivism for the population.
     (((9))) (10) "Extended family visit" means an authorized visit between an inmate and a member of his or her immediate family that occurs in a private visiting unit located at the correctional facility where the inmate is confined.
     (((10))) (11) "Good conduct" means compliance with department rules and policies.
     (((11))) (12) "Good performance" means successful completion of a program required by the department, including an education, work, or other program.
     (((12))) (13) "Immediate family" means the inmate's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, and a person legally married to or in a state registered domestic partnership with an inmate. "Immediate family" does not include an inmate adopted by another inmate or the immediate family of the adopted or adopting inmate.
     (((13))) (14) "Indigent inmate," "indigent," and "indigency" mean an inmate who has less than a ten-dollar balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the thirty days previous to the request.
     (((14))) (15) "Individual reentry plan" means the plan to prepare an offender for release into the community. It should be developed collaboratively between the department and the offender and based on an assessment of the offender using a standardized and comprehensive tool to identify the offender's risks and needs. The individual reentry plan describes actions that should occur to prepare individual offenders for release from prison or jail, specifies the supervision and services they will experience in the community, and describes an offender's eventual discharge to aftercare upon successful completion of supervision. An individual reentry plan is updated throughout the period of an offender's incarceration and supervision to be relevant to the offender's current needs and risks.
     (((15))) (16) "Inmate" means a person committed to the custody of the department, including but not limited to persons residing in a correctional institution or facility and persons released from such facility on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.
     (((16))) (17) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
     (18) "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the woman or youth leaves the hospital, birthing center, or clinic.
     (19) "Privilege" means any goods or services, education or work programs, or earned early release days, the receipt of which are directly linked to an inmate's (a) good conduct; and (b) good performance. Privileges do not include any goods or services the department is required to provide under the state or federal Constitution or under state or federal law.
     (((17))) (20) "Promising practice" means a practice that presents, based on preliminary information, potential for becoming a research-based or consensus-based practice.
     (((18))) (21) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
     (((19))) (22) "Restraints" means anything used to control the movement of a person's body or limbs and includes:
     (a) Physical restraint; or
     (b) Mechanical restraint including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons.
     (23) "Secretary" means the secretary of corrections or his or her designee.
     (((20))) (24) "Significant expansion" includes any expansion into a new product line or service to the class I business that results from an increase in benefits provided by the department, including a decrease in labor costs, rent, or utility rates (for water, sewer, electricity, and disposal), an increase in work program space, tax advantages, or other overhead costs.
     (((21))) (25) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections, or his or her designee.
     (((22))) (26) "Unfair competition" means any net competitive advantage that a business may acquire as a result of a correctional industries contract, including labor costs, rent, tax advantages, utility rates (water, sewer, electricity, and disposal), and other overhead costs. To determine net competitive advantage, the correctional industries board shall review and quantify any expenses unique to operating a for-profit business inside a prison.
     (((23))) (27) "Vocational training" or "vocational education" means "vocational education" as defined in RCW 72.62.020.
     (((24))) (28) "Washington business" means an in-state manufacturer or service provider subject to chapter 82.04 RCW existing on June 10, 2004.
     (((25))) (29) "Work programs" means all classes of correctional industries jobs authorized under RCW 72.09.100.

NEW SECTION.  Sec. 2   A new section is added to chapter 72.09 RCW to read as follows:
     (1) Under no circumstances may restraints of any kind be used on any pregnant woman or youth incarcerated in a correctional facility:
     (a) During transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy; or
     (b) While she is in labor, in the process of delivering her baby, or in postpartum recovery.
     (2) The secretary shall provide notice of the requirements of this act to the appropriate staff at correctional facilities. Appropriate staff shall include all medical staff and staff who are involved in the transport of women and youth who are or may become pregnant, as well as such other staff as the secretary deems appropriate.
     (3) The secretary shall cause the requirements of this act to be provided to all women or youth who are or may become pregnant, at the time the department assumes custody of the person in a correctional facility. In addition, the secretary shall cause a notice containing the requirements of this act to be posted in locations in which medical care is provided within the facilities.

Sec. 3   RCW 70.48.020 and 2009 c 411 s 3 are each reenacted and amended to read as follows:
     As used in this chapter the words and phrases in this section shall have the meanings indicated unless the context clearly requires otherwise.
     (1) "Administration" means the direct application of a drug whether by ingestion or inhalation, to the body of an inmate by a practitioner or nonpractitioner jail personnel.
     (2) "Correctional facility" means a facility operated by a governing unit primarily designed, staffed, and used for the housing of adult persons serving terms not exceeding one year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.
     (3) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of medication whether or not there is an agency relationship.
     (4) "Detention facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the housing of adult persons for purposes of punishment and correction after sentencing or persons serving terms not to exceed ninety days.
     (5) "Drug" and "legend drug" have the same meanings as provided in RCW 69.41.010.
     (6) "Governing unit" means the city and/or county or any combinations of cities and/or counties responsible for the operation, supervision, and maintenance of a jail.
     (7) "Health care" means preventive, diagnostic, and rehabilitative services provided by licensed health care professionals and/or facilities; such care to include providing prescription drugs where indicated.
     (8) "Holding facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the temporary housing of such persons during or after trial and/or sentencing, but in no instance shall the housing exceed thirty days.
     (9) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.
     (10) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
     (11) "Major urban" means a county or combination of counties which has a city having a population greater than twenty-six thousand based on the 1978 projections of the office of financial management.
     (((11))) (12) "Medication" means a drug, legend drug, or controlled substance requiring a prescription or an over-the-counter or nonprescription drug.
     (((12))) (13) "Medication assistance" means assistance rendered by nonpractitioner jail personnel to an inmate residing in a jail to facilitate the individual's self-administration of a legend drug or controlled substance or nonprescription medication. "Medication assistance" includes reminding or coaching the individual, handing the medication container to the individual, opening the individual's medication container, using an enabler, or placing the medication in the individual's hand.
     (((13))) (14) "Medium urban" means a county or combination of counties which has a city having a population equal to or greater than ten thousand but less than twenty-six thousand based on the 1978 projections of the office of financial management.
     (((14))) (15) "Nonpractitioner jail personnel" means appropriately trained staff who are authorized to manage, deliver, or administer prescription and nonprescription medication under RCW 70.48.490.
     (((15))) (16) "Office" means the office of financial management.
     (((16))) (17) "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the woman or youth leaves the hospital, birthing center, or clinic.
     (18) "Practitioner" has the same meaning as provided in RCW 69.41.010.
     (((17))) (19) "Restraints" means anything used to control the movement of a person's body or limbs and includes:
     (a) Physical restraint; or
     (b) Mechanical restraint including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons.
     (20) "Rural" means a county or combination of counties which has a city having a population less than ten thousand based on the 1978 projections of the office of financial management.
     (((18))) (21) "Special detention facility" means a minimum security facility operated by a governing unit primarily designed, staffed, and used for the housing of special populations of sentenced persons who do not require the level of security normally provided in detention and correctional facilities including, but not necessarily limited to, persons convicted of offenses under RCW 46.61.502 or 46.61.504.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.48 RCW to read as follows:
     (1) Under no circumstances may restraints of any kind be used on any pregnant woman or youth in a correctional or detention facility:
     (a) During transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy; or
     (b) While she is in labor, in the process of delivering her baby, or in postpartum recovery.
     (2) The sheriff or police chief shall provide notice of the requirements of this act to the appropriate staff at correctional or detention facilities. Appropriate staff shall include all medical staff and staff who are involved in the transport of women and youth who are or may become pregnant, as well as such other staff as the sheriff or police chief deems appropriate.
     (3) The sheriff, police chief, or county administrative authority shall cause the requirements of this act to be provided to all women or youth who are or may become pregnant, at the time the county or city assumes custody of the person in a correctional or detention facility. In addition, the sheriff, police chief, or county administrative authority shall cause a notice containing the requirements of this act to be posted in locations in which medical care is provided within the facilities.

Sec. 5   RCW 13.40.020 and 2009 c 454 s 2 are each amended to read as follows:
     For the purposes of this chapter:
     (1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
     (2) "Community-based sanctions" may include one or more of the following:
     (a) A fine, not to exceed five hundred dollars;
     (b) Community restitution not to exceed one hundred fifty hours of community restitution;
     (3) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community restitution may be performed through public or private organizations or through work crews;
     (4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
     (a) Community-based sanctions;
     (b) Community-based rehabilitation;
     (c) Monitoring and reporting requirements;
     (d) Posting of a probation bond;
     (5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
     (6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);
     (7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
     (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
     (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;
     (8) "Department" means the department of social and health services;
     (9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
     (10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
     (11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
     (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
     (13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;
     (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110, unless the individual was convicted of a lesser charge or acquitted of the charge for which he or she was previously transferred pursuant to RCW 13.40.110 or who is not otherwise under adult court jurisdiction;
     (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
     (16) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;
     (17) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community restitution; or (d) $0-$500 fine;
     (((17))) (18) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
     (((18))) (19) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
     (((19))) (20) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
     (((20))) (21) "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the woman or youth leaves the hospital, birthing center, or clinic;
     (22) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;
     (((21))) (23) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
     (((22))) (24) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
     (((23))) (25) "Restraints" means anything used to control the movement of a person's body or limbs and includes:
     (a) Physical restraint; or
     (b) Mechanical restraint including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons;
     (26) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;
     (((24))) (27) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
     (((25))) (28) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
     (((26))) (29) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
     (((27))) (30) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;
     (((28))) (31) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
     (((29))) (32) "Violent offense" means a violent offense as defined in RCW 9.94A.030;
     (((30))) (33) "Youth court" means a diversion unit under the supervision of the juvenile court.

NEW SECTION.  Sec. 6   A new section is added to chapter 13.40 RCW to read as follows:
     (1) Under no circumstances may restraints of any kind be used on any youth who is in the custody of an institution or detention facility:
     (a) During transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy; or
     (b) While she is in labor, in the process of delivering her baby, or who is in postpartum recovery.
     (2) The secretary shall:
     (a) Provide notice of the requirements of this act to the appropriate staff at institutions. Appropriate staff shall include all medical staff and staff who are involved in the transport of youth who are or may become pregnant, as well as such other staff as appropriate; and
     (b) Cause the requirements of this act to be provided to all youth who are or may become pregnant at the time the department assumes custody of the person in the institution. In addition, the secretary shall cause a notice containing the requirements of this act to be posted in locations in which medical care is provided within the institutions.
     (3) The legislative authority shall:
     (a) Provide notice of the requirements of this act to the appropriate staff at detention facilities. Appropriate staff shall include all medical staff and staff who are involved in the transport of youth who are or may become pregnant, as well as such other staff as appropriate; and
     (b) Cause the requirements of this act to be provided to all youth who are or may become pregnant, at the time the detention facility assumes custody of the person. In addition, the legislative authority shall cause a notice containing the requirements of this act to be posted in locations in which medical care is provided within the facilities.