H-1270              _______________________________________________

                                                   HOUSE BILL NO. 1886

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Sayan, Fraser, Brekke and Belcher

Read first time 2/10/89 and referred to Committee on Appropriations.

AN ACT Relating to reimbursement of incarceration costs; and amending RCW 70.48.440 and 72.72.030.

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:

          The office of financial management shall establish a uniform equitable rate, based on the average per diem costs per offender, 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.  The rate shall be based on all relevant costs for incarcerating offenders except depreciation or replacement of the jail.

          ((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.

          Prior to June 30, ((1985)) 1991, the office of financial management shall ((meet with the corrections standards board to)) establish ((criteria to determine)) equitable rates regarding ((variable)) average per diem 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 3, chapter 108, Laws of 1979 ex. sess. as last amended by section 71, chapter 57, Laws of 1985 and RCW 72.72.030 are each amended to read as follows:

          (1) There is hereby created, in the state treasury, an institutional impact account.  The secretary of social and health services ((may)) shall reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of social and health services.  Such reimbursement shall be made to the extent funds are available from the institutional impact account.  Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and juvenile detention and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.  The reimbursement rate for using the juvenile detention or jail facility of a political subdivision shall be the same rate established by the office of financial management under RCW 70.48.440.

          (2) The secretary of corrections ((may)) shall reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of corrections.  Such reimbursement shall be made to the extent funds are available from the institutional impact account.  Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.  The reimbursement rate for using the jail facilities of a political subdivision shall be the same as the rate established by the office of financial management under RCW 70.48.440.

          (3) All earnings of investments of balances in the institutional impact account shall be credited to the general fund.