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                                                   SENATE BILL NO. 5041

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State of Washington                               51st Legislature                              1989 Regular Session

By Senators Hayner, Madsen, McCaslin, Thorsness, Smith, Rasmussen, von Reichbauer and Amondson; by request of Department of Corrections

Read first time 1/11/89 and referred to Committee on  Health Care & Corrections.

AN ACT Relating to electronic monitoring of inmate telephone calls within state correctional facilities; and adding a new section to chapter 9.73 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.73 RCW to read as follows:

          (1) RCW 9.73.030 through 9.73.080 shall not apply to the Washington state department of corrections in the following instances:  Intercepting, recording, or divulging any calls to or from an inmate or resident of a Washington state correctional facility.  For the purposes of this section, a "Washington state correctional facility" is defined as any and all facilities that are under the control and authority of the Washington state department of corrections, and used for the incarceration, treatment, or rehabilitation of convicted felons.

          (2) So as to safeguard the sanctity of the attorney-client privilege, the department of corrections shall not intercept, record, or divulge any conversation between an inmate or resident and an attorney.  The department is charged with the responsibility of drafting or developing policies and procedures to implement this statute.