H-434                _______________________________________________

                                                   HOUSE BILL NO. 1012

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives P. King and D. Sommers

Prefiled with Chief Clerk 1/3/89.  Read first time 1/9/89 and referred to Committee on Appropriations.

AN ACT Relating to reimbursement for using county jail space; and amending RCW 70.48.440 and 70.48.460.

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

        Sec. 1.  Section 5, chapter 235, Laws of 1984 and RCW 70.48.440 are each amended to read as follows:

(1) The office of financial management shall establish a uniform equitable rate for reimbursing cities and counties for the care of sentenced felons who are the financial responsibility of the department of corrections and are detained or incarcerated in a city or county jail.  This rate should reflect the level established by those state agencies which use the city and county jail facilities and the cities and counties as set forth in RCW 70.48.460.

(2) Until June 30, 1985, the rate for the care of sentenced felons who are the financial  responsibility of the department of corrections shall be ten dollars per day.  Cost of extraordinary emergency medical care incurred by prisoners who are the financial responsibility of the department of corrections under this chapter shall be reimbursed.  The department of corrections shall be advised as far in advance as practicable by competent medical authority of the nature and course of treatment required to ensure the most efficient use of state resources to address the medical needs of the offender.  In the event emergency medical care is needed, the department of corrections shall be advised as soon as practicable after the offender is treated.

(3) Prior to June 30, 1985, the office of financial management shall meet with the corrections standards board to establish criteria to determine equitable rates regarding variable costs for sentenced felons who are the financial responsibility of the department of corrections after June 30, 1985.  The office of financial management shall re-establish these rates each even-numbered year beginning in 1986.

        Sec. 2.  Section 7, chapter 235, Laws of 1984 and RCW 70.48.460 are each amended to read as follows:

(1) Nothing in RCW 70.48.400 through 70.48.450 precludes the establishment of mutually agreeable contracts between the department of corrections and counties for incarceration services of prisoners not covered by RCW 70.48.400 through 70.48.450:  PROVIDED, That any agreement or contract between the state agencies and cities and counties for the incarceration of prisoners or use of county juvenile facilities should comply with the contract rate agreed upon as set forth in subsection (2) of this section.

(2) The rate to be paid to the cities and counties by the office of financial management, the department of corrections, the department of social and health services, and any other state agency for the incarceration of prisoners or use of county juvenile facilities should be established at an agreeable uniform level between all of the parties.  This process will remove the rate variance between what each agency pays, the date such rates are set, and permits greater planning flexibility at the city and county level.