AN ACT Relating to community corrections; amending RCW 72.09.050 and 72.65.080; adding new sections to chapter 72.09 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. It is the purpose of section 3 of this act to encourage local and state government to join in partnerships for the sharing of resources regarding the management of offenders in the correctional system. The formation of partnerships between local and state government is intended to reduce duplication while assuring better accountability and offender management through the most efficient use of resources at both the local and state level.

NEW SECTION. Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

The definitions in this section apply throughout this chapter.

(1) "Department" means the department of corrections.

(2) "Secretary" means the secretary of corrections.

(3) "County" refers to a county or combination of counties.

(4) "Base level of correctional services" means the minimum level of services the department of corrections is required by statute to provide for the supervision and monitoring of offenders, depending upon availability of resources.

NEW SECTION. Sec. 3. A new section is added to chapter 72.09 RCW to read as follows:

(1) A county may establish a community corrections board. The county legislative authority shall appoint four members to the community corrections board. The secretary shall appoint one additional member to the board. The prosecutor and the sheriff, of the county or their designees shall be members of the board. In addition, the judges of the county superior court, by majority vote, shall appoint one member of the board; and the judges of the county district court, by majority, shall appoint one member of the board.

(2) If a combination of counties establishes a community corrections board, an intergovernmental agreement shall establish the composition and powers of the board.

(3) The community corrections board shall develop a community corrections plan for the county. Upon request, the department may provide technical assistance in developing the plan. The plan shall describe the existing correctional resources, goals, objectives, needs, and problems for local and state correctional services in the county. The plan shall review ways to maximize local, state, private nonprofit, and for-profit resources. Areas to be addressed in the plan include, but are not limited to: Voluntary services for offenders, which include employment, substance and alcohol abuse services, housing and mental health services; ways to share administrative costs between local and state government; and the development of alternatives to total confinement for specific target populations of offenders.

(4) The department may contract with or be contracted with for community corrections services. The department shall establish a base level of correctional services to be provided by the department state-wide. Any request for an enhancement to the base level of services must be submitted in the community corrections plan. The secretary shall adopt rules for the submittal and review of all plans. Representatives from other state and local agencies and organizations shall participate in the review process. Initiatives that reduce the duplication of services or maximize the use of existing resources shall be given priority. Any requests for state funding resulting from community corrections plans shall be reviewed by the department within its budget cycle. All plans shall be submitted by September 1st of each fiscal year. Requests for funding during a current state biennial cycle shall be subject to the availability of funds within the department's current appropriation. Requests for future state funding shall be subject to additional appropriations.

Sec. 4. Section 5, chapter 136, Laws of 1981 as amended by section 1, chapter 19, Laws of 1986 and RCW 72.09.050 are each amended to read as follows:

The secretary shall manage the department of corrections and shall be responsible for the administration of adult correctional programs, including but not limited to the operation of all state correctional institutions or facilities used for the confinement of convicted felons. In addition, the secretary shall have broad powers to enter into agreements with any federal agency, or any other state, or any Washington state agency or local government providing for the operation of any correctional facility ((or)), program or other services as described in the community corrections plan under section 3 of this 1987 act for persons convicted of felonies or misdemeanors or for juvenile offenders. The agreements may provide for joint operation or operation by the department of corrections, alone, or by any of the other governmental entities, alone. The secretary may employ persons to aid in performing the functions and duties of the department. The secretary may delegate any of his functions or duties to department employees. The secretary is authorized to promulgate standards for the department of corrections within appropriation levels authorized by the legislature.

Pursuant to the authority granted in chapter 34.04 RCW, the secretary shall adopt rules providing for inmate restitution when restitution is determined appropriate as a result of a disciplinary action.

Sec. 5. Section 8, chapter 17, Laws of 1967 as last amended by section 18, chapter 48, Laws of 1982 1st ex. sess. and RCW 72.65.080 are each amended to read as follows:

The secretary may enter into contracts with the appropriate authorities for the payment of the cost of feeding and lodging and other expenses of housing work release participants. Such contracts may include any other terms and conditions as may be appropriate for the implementation of the work release program. In addition the secretary is authorized to acquire, by lease or contract, appropriate facilities for the housing of work release participants and providing for their subsistence and supervision. Such work release participants placed in leased or contracted facilities shall be required to reimburse the department the per capita cost of subsistence and lodging in accordance with the provisions and in the priority established by RCW 72.65.050(2). The location of such facilities shall be subject to the zoning laws of the city or county in which they may be situated.

The secretary has the authority to provide funds to counties to support county partial confinement programs as identified in the community corrections plans adopted under section 3 of this 1987 act, subject to a contractual agreement between the county and the state and subject to the availability of funds. Such county partial confinement programs must comply to the standards developed by the department of corrections regarding the partial confinement programs.