BILL REQ. #:  S-1219.3 

READ FIRST TIME 02/15/13.   

     AN ACT Relating to introduction of contraband into or possession of contraband in a secure facility; amending RCW 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 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. 3   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. 4   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.
     (b) The department of social and health services must adopt rules establishing guidelines for attorneys to follow when bringing legal materials into secure facilities. The rules may not interfere with attorney-client privilege.
     (3) Introducing contraband in the third degree is a misdemeanor.