BILL REQ. #:  S-3622.1 

Read first time 01/12/10.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to special detention facilities; amending RCW 70.48.020; adding a new section to chapter 70.48 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.48 RCW to read as follows:
     (1) A city or county must establish an objective classification system to determine those persons eligible for a special detention facility. The city or county and its employees are immune from civil liability for damages caused by individual eligibility decisions, unless the city, county, or its employees acted with gross negligence or in bad faith.
     (2) A city or county may establish and maintain alternative supervision or rehabilitation programs, other than those authorized in RCW 70.48.090, within the special detention facility.

Sec. 2   RCW 70.48.020 and 2009 c 411 s 3 are each amended to read as follows:
     ((As used in this chapter the words and phrases in this section shall have the meanings indicated)) The definitions in this section apply throughout this chapter 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) "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) "Medication" means a drug, legend drug, or controlled substance requiring a prescription or an over-the-counter or nonprescription drug.
     (12) "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) "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) "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) "Office" means the office of financial management.
     (16) "Practitioner" has the same meaning as provided in RCW 69.41.010.
     (17) "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) "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 adult persons charged with a criminal offense prior to trial or sentencing or for punishment and correction after sentencing when those 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. 3   A new section is added to chapter 82.08 RCW to read as follows:
     (1) The tax levied by RCW 82.08.020 does not apply to sales of:
     (a) Items that become components of a special detention facility as defined in RCW 70.48.020; or
     (b) Labor and services rendered for constructing, repairing, decorating, or improving a special detention facility as defined in RCW 70.48.020.
     (2) A person taking an exemption under this section must keep records necessary for the department to verify eligibility under this section. The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the seller's files.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.12 RCW to read as follows:
     The provisions of this chapter do not apply in respect to the use of items that become components of a special detention facility as defined in RCW 70.48.020. A person taking an exemption under this section must keep records necessary for the department to verify eligibility under this section.

NEW SECTION.  Sec. 5   Sections 3 and 4 of this act take effect August 1, 2010.