BILL REQ. #: H-1709.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to introduction of contraband into or possession of contraband in a secure facility; amending RCW 71.09.800, 9A.76.140, 9A.76.150, and 9A.76.160; reenacting and amending RCW 9A.76.010; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.76.010 and 2009 c 549 s 1003 are each reenacted and
amended to read as follows:
The following definitions are applicable in this chapter unless the
context otherwise requires:
(1) "Contraband" means any article or thing which a person confined
in a detention facility or a secure facility under chapter 71.09 RCW is
prohibited from obtaining or possessing by statute, rule, regulation,
or order of a court;
(2) "Custody" means restraint pursuant to a lawful arrest or an
order of a court, or any period of service on a work crew: PROVIDED,
That custody pursuant to chapter 13.34 RCW and RCW 74.13.020 and
74.13.031 and chapter 13.32A RCW shall not be deemed custody for
purposes of this chapter;
(3) "Detention facility" means any place used for the confinement
of a person (a) arrested for, charged with or convicted of an offense,
or (b) charged with being or adjudicated to be a juvenile offender as
defined in RCW 13.40.020 as now existing or hereafter amended, or (c)
held for extradition or as a material witness, or (d) otherwise
confined pursuant to an order of a court, except an order under chapter
13.34 RCW or chapter 13.32A RCW, or (e) in any work release, furlough,
or other such facility or program;
(4) "Uncontrollable circumstances" means an act of nature such as
a flood, earthquake, or fire, or a medical condition that requires
immediate hospitalization or treatment, or an act of a human being such
as an automobile accident or threats of death, forcible sexual attack,
or substantial bodily injury in the immediate future for which there is
no time for a complaint to the authorities and no time or opportunity
to resort to the courts.
Sec. 2 RCW 71.09.800 and 2000 c 44 s 1 are each amended to read
as follows:
The secretary shall adopt rules under the administrative procedure
act, chapter 34.05 RCW, for the oversight and operation of the program
established pursuant to this chapter. Such rules shall include
provisions for an annual inspection of the special commitment center;
((and)) requirements for treatment plans and the retention of records;
and guidelines for attorneys to follow when bringing legal materials
into secure facilities. Guidelines for attorneys shall not interfere
with attorney-client privilege.
Sec. 3 RCW 9A.76.140 and 2011 c 336 s 404 are each amended to
read as follows:
(1) A person is guilty of introducing contraband in the first
degree if he or she knowingly provides any deadly weapon to any person
confined in a detention facility or secure facility under chapter 71.09
RCW.
(2) Introducing contraband in the first degree is a class B felony.
Sec. 4 RCW 9A.76.150 and 2011 c 336 s 405 are each amended to
read as follows:
(1) A person is guilty of introducing contraband in the second
degree if he or she knowingly and unlawfully provides contraband to any
person confined in a detention facility or secure facility under
chapter 71.09 RCW with the intent that such contraband be of assistance
in an escape or in the commission of a crime.
(2) Introducing contraband in the second degree is a class C
felony.
Sec. 5 RCW 9A.76.160 and 2011 c 336 s 406 are each amended to
read as follows:
(1) A person is guilty of introducing contraband in the third
degree if he or she knowingly and unlawfully provides contraband to any
person confined in a detention facility or secure facility under
chapter 71.09 RCW.
(2)(a) This section does not apply to an attorney representing a
client confined in a secure facility under chapter 71.09 RCW for the
purposes of bringing discovery or other legal materials to assist the
client in the civil commitment process under chapter 71.09 RCW;
PROVIDED, That:
(i) The attorney must be present when the materials are being
reviewed or handled by the client; and
(ii) The attorney must take the materials and any and all copies of
the materials when leaving the secure facility.
(3) Introducing contraband in the third degree is a misdemeanor.