H-4357 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 1271
_______________________________________________
State of Washington 50th Legislature 1988 Regular Session
By House Committee on Health Care (originally sponsored by Representatives Armstrong, Brooks, Braddock, May and P. King;by request of Department of Corrections)
Read first time 1/22/88 and passed to Committee on Rules.
AN ACT Relating to the department of corrections; amending RCW 72.13.110, 72.12.160, 72.02.100, 72.02.110, 72.13.120, 72.13.130, 72.13.140, 72.13.150, 72.13.160, and 72.08.380; reenacting and amending RCW 72.01.050; adding new sections to chapter 72.02 RCW; recodifying RCW 72.12.160, 72.13.110, 72.13.120, 72.13.130, 72.13.140, 72.13.150, 72.13.160, 72.15.060, and 72.08.380; and repealing RCW 72.02.050, 72.08.010, 72.08.020, 72.08.040, 72.08.045, 72.08.050, 72.08.080, 72.08.090, 72.08.101, 72.08.102, 72.08.103, 72.08.120, 72.08.130, 72.08.160, 72.12.010, 72.12.020, 72.12.040, 72.12.070, 72.12.090, 72.12.100, 72.12.140, 72.13.001, 72.13.010, 72.13.040, 72.13.050, 72.13.060, 72.13.080, 72.13.091, 72.13.100, 72.13.170, 72.15.010, 72.15.020, 72.15.030, 72.15.040, 72.15.050, and 72.15.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 72.01.050, chapter 28, Laws of 1959 as last amended by section 1, chapter 350, Laws of 1985 and by section 8, chapter 378, Laws of 1985 and RCW 72.01.050 are each reenacted and amended to read as follows:
(1) The secretary of social and health services shall have full power to manage and govern the following public institutions: The western state hospital, the eastern state hospital, the northern state hospital, the state training school, the state school for girls, Lakeland Village, the Rainier school, and such other institutions as authorized by law, subject only to the limitations contained in laws relating to the management of such institutions.
(2) The
secretary of corrections shall have full power to manage and govern the
following public institutions: The Washington state penitentiary, the
Washington state reformatory, the Washington corrections center, the McNeil
Island corrections center, the ((Purdy)) Washington corrections
center for women, the Cedar Creek corrections center, the Clearwater
corrections center, ((the Firland corrections center,)) the Indian Ridge
corrections center, the Larch corrections center, the Olympic corrections
center, Pine Lodge corrections center, the special offender center, the Twin
Rivers corrections center, and the ((proposed five hundred bed facility at))
Clallam Bay corrections center subject only to the limitations contained
in laws relating to the management of such institutions.
(3) If any of the facilities specified in subsection (2) of this section is fully or partially destroyed by natural causes or otherwise, the secretary of corrections may, with the approval of the governor, provide for the establishment and operation of additional residential correctional facilities to place those inmates displaced by such destruction. However, such additional facilities may not be established if there are existing residential correctional facilities to which all of the displaced inmates can be appropriately placed. The establishment and operation of any additional facility shall be on a temporary basis, and the facility may not be operated beyond July 1 of the year following the year in which it was partially or fully destroyed.
NEW SECTION. Sec. 2. A new section is added to chapter 72.02 RCW to read as follows:
The superintendent of each institution has the powers, duties, and responsibilities specified in this section.
(1) Subject to the rules of the department, the superintendent is responsible for the supervision and management of the institution, the grounds and buildings, the subordinate officers and employees, and the prisoners committed, admitted, or transferred to the institution.
(2) Subject to the rules of the department and the director of the division of prisons or his or her designee and the state personnel board, the superintendent shall appoint all subordinate officers and employees.
(3) The superintendent shall be the custodian of all funds and valuable personal property of convicted persons as may be in their possession upon admission to the institution, or which may be sent or brought in to such persons, or earned by them while in custody, or which shall be forwarded to the superintendent on behalf of convicted persons. All such funds shall be deposited in the personal account of the convicted person and the superintendent shall have authority to disburse moneys from such person's personal account for the personal and incidental needs of the convicted person as may be deemed reasonably necessary. When convicted persons are released from the confines of the institution either on parole, transfer, or discharge, all funds and valuable personal property in the possession of the superintendent belonging to such convicted persons shall be delivered to them. In no case shall the state of Washington, or any state officer, including state elected officials, employees, or volunteers, be liable for the loss of such personal property, except upon a showing that the loss was occasioned by the intentional act, gross negligence, or negligence of the officer, official, employee, or volunteer, and that the actions or omissions occurred while the person was performing, or in good faith purporting to perform, his or her official duties. Recovery of damages for loss of personal property while in the custody of the superintendent under this subsection shall be limited to the lesser of the market value of the item lost at the time of the loss, or the original purchase price of the item or, in the case of hand-made goods, the materials used in fabricating the item.
(4) The superintendent, subject to the approval of the director of the division of prisons and the secretary, shall make, amend, and repeal rules for the administration, supervision, discipline, and security of the institution.
(5) When in the superintendent's opinion an emergency exists, the superintendent may promulgate temporary rules for the governance of the institution, which shall remain in effect until terminated by the director of the division of prisons or the secretary.
(6) The superintendent shall perform such other duties as may be prescribed.
NEW SECTION. Sec. 3. A new section is added to chapter 72.02 RCW to read as follows:
The superintendent, subject to the approval of the director of the division of prisons and the secretary, shall appoint such associate superintendents as shall be deemed necessary, who shall have such qualifications as shall be determined by the secretary. In the event the superintendent is absent from the institution, or during periods of illness or other situations incapacitating the superintendent from properly performing his or her duties, one of the associate superintendents of such institution as may be designated by the director of the division of prisons and the secretary shall act as superintendent.
Sec. 4. Section 109, chapter 136, Laws of 1981 as amended by section 2, chapter 350, Laws of 1985 and RCW 72.12.160 are each amended to read as follows:
It is the intent of the legislature that limitations be placed on the state correctional institutions at Monroe.
The following facilities at Monroe shall be subject to the inmate population limitations specified in this section.
(1) The special offender center shall house no more than one hundred forty-four inmates.
(2) The Twin Rivers corrections center shall house no more than five hundred inmates.
(3) The ((Monroe))
Washington state reformatory population shall be as determined pursuant
to federal court order:
PROVIDED, That the governor may declare an emergency and increase by ten percent for a twelve-month period of time the population limitation of any of the facilities specified in this section.
Sec. 5. Section 1, chapter 171, Laws of 1971 ex. sess. and RCW 72.02.100 are each amended to read as follows:
Any person
serving a sentence for a term of confinement in a state correctional facility
for convicted felons, pursuant to court commitment, who is thereafter released
upon an order of parole of the ((state board of prison terms and paroles))
indeterminate sentencing review board, or who is discharged from custody
upon expiration of sentence, or who is ordered discharged from custody by a
court of appropriate jurisdiction, shall be entitled to retain his earnings
from labor or employment while in confinement and shall be supplied by the
superintendent of the state correctional facility with suitable and presentable
clothing, the sum of forty dollars for subsistence, and transportation by the
least expensive method of public transportation not to exceed the cost of one
hundred dollars to his place of residence or the place designated in his parole
plan, or to the place from which committed if such person is being discharged
on expiration of sentence, or discharged from custody by a court of appropriate
jurisdiction: PROVIDED, That up to sixty additional dollars may be made
available to the parolee for necessary personal and living expenses upon
application to and approval by such person's ((parole)) community
corrections officer. If in the opinion of the superintendent suitable
arrangements have been made to provide the person to be released with suitable
clothing and/or the expenses of transportation, the superintendent may consent
to such arrangement. If the superintendent has reasonable cause to believe
that the person to be released has ample funds, with the exception of earnings
from labor or employment while in confinement, to assume the expenses of
clothing, transportation, or the expenses for which payments made pursuant to
RCW 72.02.100 or 72.02.110 or any one or more of such expenses, the person
released shall be required to assume such expenses.
Sec. 6. Section 2, chapter 171, Laws of 1971 ex. sess. as amended by section 80, chapter 136, Laws of 1981 and RCW 72.02.110 are each amended to read as follows:
As state, federal or other funds are available, the secretary of corrections or his designee is authorized, in his discretion, not to provide the forty dollars subsistence money or the optional sixty dollars to a person or persons released as described in RCW 72.02.100, and instead to utilize the authorization and procedure contained in this section relative to such person or persons.
Any person
designated by the secretary serving a sentence for a term of confinement in a
state correctional facility for convicted felons, pursuant to court commitment,
who is thereafter released upon an order of parole of the ((state board of
prison terms and paroles)) indeterminate sentencing review board, or
is discharged from custody upon expiration of sentence, or is ordered
discharged from custody by a court of appropriate jurisdiction, shall receive
the sum of fifty-five dollars per week for a period of up to six weeks. The
initial weekly payment shall be made to such person upon his release or parole
by the superintendent of the institution. Subsequent weekly payments shall be
made to such person by the ((probation and parole)) community
corrections officer at the office of such ((probation or parole))
officer. In addition to the initial six weekly payments provided for in this
section, a ((probation and parole)) community corrections officer
and his ((district)) supervisor may, at their discretion, continue such
payments up to a maximum of twenty additional weeks when they are satisfied
that such person is actively seeking employment and that such payments are
necessary to continue the efforts of such person to gain employment: PROVIDED,
That if, at the time of release or parole, in the opinion of the superintendent
funds are otherwise available to such person, with the exception of earnings
from labor or employment while in confinement, such weekly sums of money or
part thereof shall not be provided to such person.
When a person receiving such payments provided for in this section becomes employed, he may continue to receive payments for two weeks after the date he becomes employed but payments made after he becomes employed shall be discontinued as of the date he is first paid for such employment: PROVIDED, That no person shall receive payments for a period exceeding the twenty-six week maximum as established in this section.
The secretary of corrections may annually adjust the amount of weekly payment provided for in this section to reflect changes in the cost of living and the purchasing power of the sum set for the previous year.
Sec. 7. Section 11, chapter 214, Laws of 1959 and RCW 72.13.110 are each amended to read as follows:
There shall
be ((a department in such institution)) units known as ((the))
reception and classification centers ((under the supervision of an
associate superintendent)) which, subject to the rules and regulations of
the department, shall be charged with the function of receiving and classifying
all ((male)) persons committed or transferred to the institution, taking
into consideration age, type of crime for which committed, physical condition,
behavior, attitude and prospects for reformation for the purposes of
confinement and treatment of ((male)) offenders convicted of offenses
punishable by imprisonment ((in the state penitentiary or state reformatory)),
except offenders convicted of crime and sentenced to death.
Sec. 8. Section 12, chapter 214, Laws of 1959 as last amended by section 95, chapter 136, Laws of 1981 and RCW 72.13.120 are each amended to read as follows:
Any ((male))
offender convicted of an offense punishable by imprisonment ((in the state
penitentiary or the state reformatory)), except an offender sentenced to
death, shall, notwithstanding any inconsistent provision of law, be sentenced
to imprisonment in a penal institution under the jurisdiction of the department
without designating the name of such institution, and be committed to the
reception ((center)) units for classification, confinement and
placement in such correctional facility under the supervision of the department
as the secretary shall deem appropriate.
Sec. 9. Section 13, chapter 214, Laws of 1959 and RCW 72.13.130 are each amended to read as follows:
Nothing ((herein
contained, however,)) in this chapter shall be construed to restrict
or impair the power of any court or judge having jurisdiction to pronounce
sentence upon a person to whom this ((act)) chapter applies, to
fix the term of imprisonment and to order ((his)) commitment, according
to law, nor to deny the right of any such court or judge to sentence to
imprisonment; nor to deny the right of any such court or judge to suspend
sentence or the execution of judgment thereon or to make any other disposition
of the case pursuant to law((; but in case the punishment imposed be
imprisonment in the state penitentiary or the state reformatory, the warrant of
commitment shall commit the person convicted to the reception center
established by this act for classification, confinement and placement as
provided by this chapter)).
Sec. 10. Section 14, chapter 214, Laws of 1959 as amended by section 207, chapter 141, Laws of 1979 and RCW 72.13.140 are each amended to read as follows:
((The
secretary shall appoint a staff for the reception center to interview, test,
classify, and supervise offenders committed to the center. Such staff shall
consist of such employees as the secretary shall determine to be adequate for
prompt and effective classification. There shall be within the reception
center a classification board, which should be composed of such members of the
staff of the reception center as the secretary may require. After making a
study and investigation of the facts of the cases of the persons committed to
the reception center as the secretary may require, the board shall make and
file in the department a certificate in writing, recommending the state
correctional institution best suited to receive the offender during the term of
his confinement, the type of program to be followed and the approximate length
of such treatment. The state board of prison terms and paroles)) The
indeterminate sentence review board and other state agencies shall
cooperate with the department in obtaining necessary investigative materials
concerning offenders committed to the reception ((center)) unit
and supply the reception ((center)) unit with necessary
information regarding social histories and community background.
Sec. 11. Section 15, chapter 214, Laws of 1959 as last amended by section 4, chapter 114, Laws of 1984 and RCW 72.13.150 are each amended to read as follows:
The ((superintendent
of the correctional institution established by this chapter)) division
of prisons shall receive all ((male)) persons convicted of a felony
by the superior court and committed by the superior court to the reception ((center))
units for classification and placement in such facility as the secretary
shall designate((, and all persons transferred thereto by the secretary from
the state reformatory and state penitentiary, and other correctional facilities
of the department)). The superintendent of these institutions shall
only receive prisoners for classification and study in the institution upon
presentation of certified copies of a judgment, sentence, and order of
commitment of the superior court and the statement of the prosecuting attorney,
along with other reports as may have been made in reference to each individual
prisoner.
Sec. 12. Section 16, chapter 214, Laws of 1959 as amended by section 209, chapter 141, Laws of 1979 and RCW 72.13.160 are each amended to read as follows:
The
secretary shall determine the state correctional institution in which the
offender shall be confined during ((his)) the term of
imprisonment. The confinement of any offender shall be governed by the laws
applicable to the institution to which ((he)) the offender is
certified for confinement, but ((his)) parole and discharge shall be
governed by the laws applicable to the sentence imposed by the court.
Sec. 13. Section 72.08.380, chapter 28, Laws of 1959 as last amended by section 87, chapter 136, Laws of 1981 and RCW 72.08.380 are each amended to read as follows:
Whenever
the superintendent of ((the state penitentiary)) an institution
withholds from mailing letters written by inmates of such institution, the
superintendent shall forward such letters to the secretary of corrections or
the secretary's designee for study and the inmate shall be forthwith
notified that such letter has been withheld from mailing and the reason for so
doing. Letters forwarded to the secretary for study shall either be mailed
within seven days to the addressee or, if deemed objectionable by the
secretary, retained in a separate file for two years and then destroyed.
NEW SECTION. Sec. 14. RCW 72.12.160, 72.13.110, 72.13.120, 72.13.130, 72.13.140, 72.13.150, 72.13.160, 72.15.060, and 72.08.380 are each recodified as sections in chapter 72.02 RCW.
NEW SECTION. Sec. 15. Section 22, chapter 8, Laws of 1981 and RCW 72.02.050 are each repealed.
NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:
(1) Section 72.08.010, chapter 28, Laws of 1959 and RCW 72.08.010;
(2) Section 72.08.020, chapter 28, Laws of 1959, section 186, chapter 141, Laws of 1979 and RCW 72.08.020;
(3) Section 72.08.040, chapter 28, Laws of 1959, section 1, chapter 56, Laws of 1969 and RCW 72.08.040;
(4) Section 72.08.045, chapter 28, Laws of 1959, section 187, chapter 141, Laws of 1979 and RCW 72.08.045;
(5) Section 72.08.050, chapter 28, Laws of 1959 and RCW 72.08.050;
(6) Section 72.08.080, chapter 28, Laws of 1959 and RCW 72.08.080;
(7) Section 72.08.090, chapter 28, Laws of 1959 and RCW 72.08.090;
(8) Section 3, chapter 9, Laws of 1965 ex. sess., section 188, chapter 141, Laws of 1979, section 85, chapter 136, Laws of 1981 and RCW 72.08.101;
(9) Section 4, chapter 9, Laws of 1965 ex. sess., section 189, chapter 141, Laws of 1979, section 86, chapter 136, Laws of 1981 and RCW 72.08.102;
(10) Section 5, chapter 9, Laws of 1965 ex. sess. and RCW 72.08.103;
(11) Section 72.08.120, chapter 28, Laws of 1959, section 190, chapter 141, Laws of 1979 and RCW 72.08.120;
(12) Section 72.08.130, chapter 28, Laws of 1959, section 191, chapter 141, Laws of 1979 and RCW 72.08.130; and
(13) Section 72.08.160, chapter 28, Laws of 1959 and RCW 72.08.160.
NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:
(1) Section 72.12.010, chapter 28, Laws of 1959 and RCW 72.12.010;
(2) Section 72.12.020, chapter 28, Laws of 1959, section 193, chapter 141, Laws of 1979, section 88, chapter 136, Laws of 1981 and RCW 72.12.020;
(3) Section 72.12.040, chapter 28, Laws of 1959 and RCW 72.12.040;
(4) Section 72.12.070, chapter 28, Laws of 1959, section 195, chapter 141, Laws of 1979 and RCW 72.12.070;
(5) Section 72.12.090, chapter 28, Laws of 1959, section 196, chapter 141, Laws of 1979 and RCW 72.12.090;
(6) Section 72.12.100, chapter 28, Laws of 1959, section 197, chapter 141, Laws of 1979 and RCW 72.12.100; and
(7) Section 72.12.140, chapter 28, Laws of 1959, section 198, chapter 141, Laws of 1979, section 89, chapter 136, Laws of 1981 and RCW 72.12.140.
NEW SECTION. Sec. 18. The following acts or parts of acts are each repealed:
(1) Section 90, chapter 136, Laws of 1981 and RCW 72.13.001;
(2) Section 1, chapter 214, Laws of 1959, section 199, chapter 141, Laws of 1979, section 91, chapter 136, Laws of 1981 and RCW 72.13.010;
(3) Section 4, chapter 214, Laws of 1959, section 200, chapter 141, Laws of 1979, section 92, chapter 136, Laws of 1981 and RCW 72.13.040;
(4) Section 5, chapter 214, Laws of 1959, section 201, chapter 141, Laws of 1979 and RCW 72.13.050;
(5) Section 6, chapter 214, Laws of 1959, section 202, chapter 141, Laws of 1979, section 93, chapter 136, Laws of 1981 and RCW 72.13.060;
(6) Section 8, chapter 214, Laws of 1959, section 204, chapter 141, Laws of 1979 and RCW 72.13.080;
(7) Section 2, chapter 2, Laws of 1982 2nd ex. sess., section 5, chapter 350, Laws of 1985 and RCW 72.13.091;
(8) Section 10, chapter 214, Laws of 1959, section 205, chapter 141, Laws of 1979 and RCW 72.13.100; and
(9) Section 17, chapter 214, Laws of 1959, section 210, chapter 141, Laws of 1979 and RCW 72.13.170.
NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:
(1) Section 1, chapter 122, Laws of 1967 ex. sess., section 211, chapter 141, Laws of 1979, section 96, chapter 136, Laws of 1981 and RCW 72.15.010;
(2) Section 4, chapter 122, Laws of 1967 ex. sess., section 212, chapter 141, Laws of 1979 and RCW 72.15.020;
(3) Section 5, chapter 122, Laws of 1967 ex. sess., section 213, chapter 141, Laws of 1979 and RCW 72.15.030;
(4) Section 6, chapter 122, Laws of 1967 ex. sess. and RCW 72.15.040;
(5) Section 7, chapter 122, Laws of 1967 ex. sess., section 214, chapter 141, Laws of 1979 and RCW 72.15.050; and
(6) Section 9, chapter 122, Laws of 1967 ex. sess., section 215, chapter 141, Laws of 1979 and RCW 72.15.070.