BILL REQ. #: H-0388.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Prefiled 12/13/10. Read first time 01/10/11. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to constraining the department of corrections' authority to transfer offenders out of state; and amending RCW 72.68.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 72.68.010 and 2000 c 62 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (4) of this section, whenever
in its judgment the best interests of the state or the welfare of any
prisoner confined in any penal institution will be better served by his
or her transfer to another institution or to a foreign country of which
the prisoner is a citizen or national, the secretary may effect such
transfer consistent with applicable federal laws and treaties. The
secretary has the authority to transfer offenders out-of-state to
private or governmental institutions if the secretary determines that
transfer is in the best interest of the state or the offender. The
determination of what is in the best interest of the state or offender
may include but is not limited to considerations of overcrowding,
emergency conditions, or hardship to the offender. In determining
whether the transfer will impose a hardship on the offender, the
secretary shall consider: (a) The location of the offender's family
and whether the offender has maintained contact with members of his or
her family; (b) whether, if the offender has maintained contact, the
contact will be significantly disrupted by the transfer due to the
family's inability to maintain the contact as a result of the transfer;
and (c) whether the offender is enrolled in a vocational or educational
program that cannot reasonably be resumed if the offender is returned
to the state.
(2) Subsection (4) of this section does not apply if the secretary
determines that its implementation endangers the safety of any offender
or staff. If circumstances arise that preclude full implementation of
subsection (4) of this section, the secretary shall make a report to
the appropriate committee chair, which shall document such
circumstances. Upon determination that the circumstances requiring
suspension of subsection (4) of this section are resolved, the
secretary shall notify the appropriate committee chairs.
(3) The department must inform an offender in writing of the intent
to transfer the offender out-of-state no less than fourteen days prior
to the proposed date of transfer.
(4) The secretary may not transfer an offender out-of-state if the
offender, within five days of being notified of the department's intent
to transfer the offender out-of-state, requests in writing to remain in
an in-state facility and demonstrates that he or she:
(a) Is regularly participating in extended family visitations with
his or her child;
(b) Is regularly participating in parent-teacher conferences
involving his or her child; or
(c) Has had at least six contacts in person with his or her child
within the six months prior to the proposed transfer.
(5) If directed by the governor, the secretary shall, in carrying
out this section and RCW 43.06.350, adopt rules under chapter 34.05 RCW
to effect the transfer of prisoners requesting transfer to foreign
countries.
(6) For the purposes of this section:
(a) "Child" means a person under the age of eighteen who is the
natural or adopted child of the offender or the stepchild of either the
offender or his or her spouse with legal custody and has been
authorized to visit the offender. Children who are victims of the
offender's sexual offense, physical abuse, or other mistreatment are
excluded.
(b) "Regularly participating" means participating on a consistent,
ongoing basis with the anticipation of continuing participation in the
future. "Regularly participating" does not include infrequent or
occasional participation, unless the opportunities for participation
are themselves infrequent or occasional.
(7) When the department transfers offenders from an out-of-state
facility to an in-state facility, the department must give priority to
offenders who, prior to their transfer to the out-of-state facility,
met at least one of the requirements of subsection (4) of this section
and who request, in writing, a transfer to an in-state facility.