BILL REQ. #:  S-2191.5 

Read first time 04/03/13.   Referred to Committee on Ways & Means.

     AN ACT Relating to reducing corrections costs; amending RCW 9.94A.517, 9.94A.190, 9.94A.729, and 70.48.130; adding a new section to chapter 9.94A RCW; adding a new section to chapter 70.41 RCW; creating new sections; providing effective dates; and declaring an emergency.

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

Sec. 1   RCW 9.94A.517 and 2002 c 290 s 8 are each amended to read as follows:
     (1)

Sec. 2   RCW 9.94A.190 and 2010 c 224 s 10 are each amended to read as follows:
     (1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551. Except as provided in subsection (3) or (((5))) (6) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.
     (2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.
     (3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.
     (4) Subject to the availability of funds appropriated for this specific purpose, the department shall rent capacity from local and tribal governments to house offenders with an earned release date of less than one hundred twenty days remaining on his or her sentence at the time the offender would otherwise be transferred to a state correctional facility. For offenders within the department's jurisdiction that are housed in local correctional facilities:
     (a) The department shall rely on the original offender assessments and evaluations conducted at the local level for offenders. The department may require local governments and tribes to transfer a single copy of offender records to the department.
     (b) For offenders who require supervision upon release by the department pursuant to RCW 9.94A.501 or 9.94A.5011, the department shall continue to review and approve the housing locations pursuant to a modified offender release plan. The department shall develop and agree to a memorandum of understanding with the local and tribal governments that defines the minimum information needed from an offender for the department to review and approve a housing location for these offenders. When a release plan cannot be approved due to the offender's proposed housing, the local and tribal government correctional facility shall deny transfer to community custody in lieu of the earned release time until a housing plan is approved by the department or the offender has reached the maximum date of his or her sentencing range.
     (c) The department may establish by rule exceptions for certain types of offenders or exceptional circumstances.
     (5) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.
     (((5))) (6) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.

Sec. 3   RCW 9.94A.729 and 2011 1st sp.s. c 40 s 4 are each amended to read as follows:
     (1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits.
     (b) Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned release time. The department may approve a jail certification from a correctional agency that calculates earned release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence.
     (2) An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
     (3) An offender may earn early release time, excluding earned release time under subsection (4) of this section, as follows:
     (a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed fifteen percent of the sentence.
     (b) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed ten percent of the sentence.
     (c) An offender is qualified to earn up to fifty percent of aggregate earned release time if he or she:
     (i) Is not classified as an offender who is at a high risk to reoffend as provided in subsection (((4))) (5) of this section;
     (ii) Is not confined pursuant to a sentence for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
     (iii) Has no prior conviction for the offenses listed in (c)(ii) of this subsection;
     (iv) Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are made available by the department; and
     (v) Has not committed a new felony after July 22, 2007, while under community custody.
     (d) In no other case shall the aggregate earned release time exceed one-third of the total sentence.
     (4)(a) An offender who is currently in the department's custody and has at least twelve months remaining prior to the offender's earned release date may receive a thirty-day additional earned release credit during the remaining twelve months of confinement, but only if:
     (i) The offender does not commit a serious infraction, as defined in rule, in the last twelve months prior to the offender's earned release date;
     (ii) The offender successfully completes a program or activity that the department has previously approved at the offender's twelve-month review. The program or activity must be completed at least six months prior to the offender's earned release date. To be eligible for the credit, the program or activity must be one not previously attempted or completed; and
     (iii) The offender continues to participate in all other programming or activities as directed by the offender's individual reentry plan. Failure to do so shall result in revocation of the thirty-day additional earned release credit, in addition to any other sanctions imposed under this policy.
     (b) Noncompliance with the provisions in (a)(i), (ii), and (iii) of this subsection shall result in the revocation of the thirty-day additional earned release credit for the duration of the offender's sentence. Revocation of the thirty days shall not supplant any other changes in the offender's earned release date that are imposed through sanctions for violations of requirements in the offender's individual reentry plan.
     (5) The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(c) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(c) of this section does not apply to offenders convicted after July 1, 2010.
     (((5))) (6)(a) A person who is eligible for earned early release as provided in this section and who will be supervised by the department pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to community custody in lieu of earned release time;
     (b) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
     (c) The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;
     (d) If the department is unable to approve the offender's release plan, the department may do one or more of the following:
     (i) Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728(5);
     (ii) Provide rental vouchers to the offender for a period not to exceed three months if rental assistance will result in an approved release plan. The voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
     (e) For each offender who is the recipient of a rental voucher, the department shall include, concurrent with the data that the department otherwise obtains and records, the housing status of the offender for the duration of the offender's supervision.
     (((6))) (7) An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 9.94A RCW to read as follows:
     The department shall develop and maintain optional programs or activities that may be utilized for the thirty-day earned release credit pursuant to RCW 9.94A.729. The eligible programs or activities may include a specific list of department-approved nonaccredited independent studies, self-help courses, or other options that augment the programming and activities provided in the individual reentry plan, but do not require significant additional department resources. Completion may be deemed successful by requiring the offender to demonstrate consistent weekly progress through program materials and to provide a cumulative project, report, or demonstration to his or her peers or correctional staff.

NEW SECTION.  Sec. 5   The department of corrections is authorized to develop and implement rules and policies pursuant to RCW 9.94A.729.

Sec. 6   RCW 70.48.130 and 2011 1st sp.s. c 15 s 85 are each amended to read as follows:
     (1) It is the intent of the legislature that all jail inmates receive appropriate and cost-effective emergency and necessary medical care. Governing units, the health care authority, and medical care providers shall cooperate to achieve the best rates consistent with adequate care.
     (2) Payment for emergency or necessary health care shall be by the governing unit, except that the health care authority shall directly reimburse the provider pursuant to chapter 74.09 RCW, in accordance with the rates and benefits established by the authority, if the confined person is eligible under the authority's medical care programs as authorized under chapter 74.09 RCW. After payment by the authority, the financial responsibility for any remaining balance, including unpaid client liabilities that are a condition of eligibility or participation under chapter 74.09 RCW, shall be borne by the medical care provider and the governing unit as may be mutually agreed upon between the medical care provider and the governing unit. In the absence of mutual agreement between the medical care provider and the governing unit, the financial responsibility for any remaining balance shall be borne equally between the medical care provider and the governing unit. Total payments from all sources to providers for care rendered to confined persons ((eligible under chapter 74.09 RCW)) shall not exceed the amounts that would be paid by the authority for similar services provided under Title XIX medicaid, unless additional resources are obtained from the confined person.
     (3) Providers of hospital services that are hospitals licensed under chapter 70.41 RCW shall contract with a correctional facility for inpatient, outpatient, and ancillary services if deemed appropriate by the correctional facility. The correctional facility may only reimburse a provider of hospital services at a rate no more than the amount payable under the medicaid reimbursement structure, plus any additional amount provided specifically for this purpose in the state omnibus appropriations act, regardless of whether the hospital is located within or outside of Washington. A correctional facility may contract with the department of corrections, at the correctional facility's expense, to participate in the provider one system operated by the Washington state health care authority for payment of hospital services pursuant to this section.
     (4) As part of the screening process upon booking or preparation of an inmate into jail, general information concerning the inmate's ability to pay for medical care shall be identified, including insurance or other medical benefits or resources to which an inmate is entitled. This information shall be made available to the authority, the governing unit, and any provider of health care services.
     (((4))) (5) The governing unit or provider may obtain reimbursement from the confined person for the cost of health care services not provided under chapter 74.09 RCW, including reimbursement from any insurance program or from other medical benefit programs available to the confined person. Nothing in this chapter precludes civil or criminal remedies to recover the costs of medical care provided jail inmates or paid for on behalf of inmates by the governing unit. As part of a judgment and sentence, the courts are authorized to order defendants to repay all or part of the medical costs incurred by the governing unit or provider during confinement.
     (((5))) (6) To the extent that a confined person is unable to be financially responsible for medical care and is ineligible for the authority's medical care programs under chapter 74.09 RCW, or for coverage from private sources, and in the absence of an interlocal agreement or other contracts to the contrary, the governing unit may obtain reimbursement for the cost of such medical services from the unit of government whose law enforcement officers initiated the charges on which the person is being held in the jail: PROVIDED, That reimbursement for the cost of such services shall be by the state for state prisoners being held in a jail who are accused of either escaping from a state facility or of committing an offense in a state facility.
     (((6))) (7) There shall be no right of reimbursement to the governing unit from units of government whose law enforcement officers initiated the charges for which a person is being held in the jail for care provided after the charges are disposed of by sentencing or otherwise, unless by intergovernmental agreement pursuant to chapter 39.34 RCW.
     (((7))) (8) Under no circumstance shall necessary medical services be denied or delayed because of disputes over the cost of medical care or a determination of financial responsibility for payment of the costs of medical care provided to confined persons.
     (((8))) (9) Nothing in this section shall limit any existing right of any party, governing unit, or unit of government against the person receiving the care for the cost of the care provided.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.41 RCW to read as follows:
     As a condition of licensure, a hospital must contract with a correctional facility as defined in RCW 70.48.020.

NEW SECTION.  Sec. 8   Section 1 of this act applies to sentences imposed on or after July 1, 2013, regardless of the date of offense.

NEW SECTION.  Sec. 9   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 10   Sections 1, 2, 4, and 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2013.

NEW SECTION.  Sec. 11   Section 3 of this act takes effect September 1, 2013.