AN ACT Relating to the creation of a jail standards incentive board; amending RCW 70.48.020, 70.48.071, 70.48.100, 70.48.440, 72.64.110, 10.98.010, and 10.98.140; adding new sections to chapter 70.48 RCW; adding a new section to chapter 72.64 RCW; repealing RCW 70.48.061, 70.48.160, and 70.48A.090; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.48 RCW to read as follows:

There is created a board to be known as the jail standards incentive board which shall:

(1) Advise the cities and counties operating jails, the department of corrections, the governor, and the legislature;

(2) Provide technical assistance to cities and counties operating jails;

(3) Adopt advisory standards for city and county jails and inspect them for compliance with the standards;

(4) Adopt rules for the submission and approval of jail population management plans and for monitoring and certification of the cities' and counties' compliance with such plans; and

(5) Allocate bed space in state correctional facilities to local governments as may be made available by law or agreement.

NEW SECTION. Sec. 2. A new section is added to chapter 70.48 RCW to read as follows:

(1)(a) The jail standards incentive board shall consist of nine voting members, including the secretary of corrections, who shall be an ex officio member with a vote. The remaining eight voting members shall be appointed by the governor with the consent of the senate: PROVIDED, That at least five of the remaining eight members shall be elected or appointed county officials who represent the following groups: (i) At least one sheriff or comparable home-rule official; (ii) at least one prosecuting attorney; (iii) at least two members of a county commission, county council, or county executive; and (iv) at least one jail administrator. The three remaining voting members must have experience in criminal justice issues.

(b) The following associations may recommend persons to represent the interests of their memberships on the board: (i) The Washington association of sheriffs and police chiefs; (ii) the Washington association of prosecuting attorneys; (iii) the Washington state association of counties; (iv) the Washington association of county officials; and (v) the Washington state jail association.

(c) In addition, the speaker of the house of representatives and the president of the senate shall each appoint two nonvoting members, one from each of the two largest caucuses in their respective houses.

(2) The members of the board, with the exception of the secretary of corrections, shall serve four-year staggered terms. Of the remaining eight members, initially four shall be appointed to two-year terms, and four shall be appointed to four-year terms. The legislative members shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

(3) The voting membership of the board shall be divided to reflect the geographic distribution of the state. The board shall include women and members of "protected groups" as that term is commonly understood.

(4) The members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060 for nonlegislative members and under RCW 44.04.120 for legislative members.

(5) The chairperson of the board shall be appointed by the governor and shall serve as chairperson at the governor's pleasure. A vice-chairperson shall be elected by the board. The board shall meet on call of the chairperson or on request of a majority of its voting members, but not less than four times per year.

NEW SECTION. Sec. 3. A new section is added to chapter 70.48 RCW to read as follows:

The board shall have the following responsibilities:

(1) Within six months of the governor's appointment of the voting board members, the board shall adopt such advisory jail standards as it determines are necessary to: (a) Meet federal and state constitutional requirements relating to health, safety, security, and welfare of inmates and staff or specific state or federal statutory requirements; and (b) provide for the public's health, safety, and welfare. In carrying out this responsibility, the board shall consider the standards of the former corrections standards board, the standards adopted by the cities and counties pursuant to RCW 70.48.071, and the standards of the American correctional association. The standards shall address both physical plant and operational aspects of jails.

(2) Within twelve months of the governor's appointment of the voting board members, the board shall adopt a rated and a maximum operational capacity for each city and county jail. The rated capacity shall be based on the number of inmates the facilities were originally designed to house, and modifications made to the facilities based on changes in their intended use. The maximum operational capacity shall be based on other factors including, but not limited to: (a) Amount of time inmates are allowed to be out of their cells; (b) availability of recreational and other program opportunities; (c) short lengths of stay of inmates in specific areas; and (d) court limitations on the maximum number of inmates which may be housed.

(3) The standards adopted by the board shall be advisory only and may not be enforced by the board. However, the awarding of jail standards incentive funds, under section 4 of this act shall be contingent on the degree of compliance with the standards adopted by the board.

(4) In December of each even-numbered year, the board shall issue a report to the cities and counties, the governor, the legislature, and the department of corrections which shall contain: (a) All standards which are adopted by the board; (b) the degree of compliance by cities and counties with those standards; and (c) recommendations for legislative change and/or state funding necessary for the cities and counties to achieve compliance with the standards.

(5) The secretary of corrections shall recommend, and the board shall appoint an executive director to assist the board in carrying out its functions under this chapter. The executive director shall serve as an exempt employee of the department of corrections, which shall provide administrative and technical support to the board. As authorized by the secretary and the board, the executive director shall hire jail inspectors and other staff necessary to assist the board.

(6) The board shall cause all jails to be inspected at least annually by designated jail inspectors. The inspectors shall have access to all portions of all jails, to all inmates confined therein, and to all records maintained by said jails.

(7) The board shall issue a certificate of compliance to each facility which is found to satisfactorily meet the recommendations of the board's advisory standards. Certificates of substantial compliance shall be issued under the following circumstances:

(a) The jail meets all applicable standards except those specifically dealing with crowding beyond a jail's capacity; or

(b) The chief law enforcement officer or chief corrections official and the city or county executive body or person have supplied a plan acceptable to the board for achieving compliance within a reasonable time.

(8) The board shall provide technical assistance to cities and counties operating jails, oversee the capacity-setting and develop and assist in the implementation of alternatives to incarceration programs and assist the department of corrections in determining access to state-operated correctional facilities for overcrowded city and county jails.

(9) Prior to authorizing access for cities and counties to house their prisoners in a state correctional facility, the board may require cities and counties to submit advisory jail population management plans. In years after the original submission of such plans, the board shall monitor compliance with the plans by the participating cities and counties.

(10) The board shall assist the office of financial management in setting assumptions for a forecast of county inmates.

NEW SECTION. Sec. 4. A new section is added to chapter 70.48 RCW to read as follows:

Within available appropriations, the board shall be responsible for awarding incentive funds to local governments on the basis of applications submitted to the board by jurisdictions operating jails. Each local government applying for funds shall have developed and submitted a jail population management plan. Areas to be addressed in the plan include, but are not limited to: Voluntary services for offenders and mental health services; ways to share administrative costs between local and state government; and the development of alternatives to pretrial and posttrial confinement. In developing alternatives to pretrial and posttrial confinement, local governments are encouraged to consider, among other possible solutions, court weekend arraignments, the use of a sentencing reform act modification calendar, work release, and electronic home detention. The applications may be for programs which directly impact the jurisdiction's ability to comply with jail standards, for programs to forecast the need for and plan future correctional facilities or alternative to incarceration programs, or such other criminal justice programs or purposes as the board may designate. The board may establish priorities for the awarding of such grants, and shall fund one or more projects each year within its appropriated allocation. The board shall award such funds only to jurisdictions which are either in compliance, in substantial compliance, or which, in the opinion of the board, will achieve compliance upon implementation of the proposed program.

Sec. 5. Section 2, chapter 316, Laws of 1977 ex. sess. as last amended by section 6, chapter 462, Laws of 1987 and RCW 70.48.020 are each amended to read as follows:

As used in this chapter the words and phrases in this section shall have the meanings indicated unless the context clearly requires otherwise.

(1) "Holding facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the temporary housing of such persons during or after trial and/or sentencing, ((~~but in no instance shall the housing exceed~~)) for a period of between six hours and no more than thirty days.

(2) "Detention facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the housing of adult persons for purposes of punishment and correction after sentencing or persons serving terms not to exceed ninety days.

(3) "Special detention facility" means a minimum security facility operated by a governing unit primarily designed, staffed, and used for the housing of special populations of sentenced persons who do not require the level of security normally provided in detention and correctional facilities including, but not necessarily limited to, persons convicted of offenses under RCW 46.61.502 or 46.61.504.

(4) "Correctional facility" means a facility operated by a governing unit primarily designed, staffed, and used for the housing of adult persons serving terms not exceeding one year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.

(5) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.

(6) "Health care" means preventive, diagnostic, and rehabilitative services provided by licensed health care professionals and/or facilities; such care to include providing prescription drugs where indicated.

(7) "Governing unit" means the city and/or county or any combinations of cities and/or counties responsible for the operation, supervision, and maintenance of a jail.

(8) "Major urban" means a county or combination of counties which has a city having a population greater than twenty-six thousand based on the 1978 projections of the office of financial management.

(9) "Medium urban" means a county or combination of counties which has a city having a population equal to or greater than ten thousand but less than twenty-six thousand based on the 1978 projections of the office of financial management.

(10) "Rural" means a county or combination of counties which has a city having a population less than ten thousand based on the 1978 projections of the office of financial management.

(11) "Office" means the office of financial management.

(12) "Board" means the jail standards incentive board.

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

(14) "Jail population management plan" shall be defined by administrative rule by the board.

Sec. 6. Section 17, chapter 462, Laws of 1987 and RCW 70.48.071 are each amended to read as follows:

All units of local government that own or operate adult correctional facilities shall, individually or collectively, adopt standards for the operation of those facilities no later than January 1, 1988. Cities and towns shall adopt the standards after considering guidelines established collectively by the cities and towns of the state; counties shall adopt the standards after considering guidelines established collectively by the counties of the state. These standards shall be the minimums necessary to meet federal and state constitutional requirements relating to health, safety, and welfare of inmates and staff, and specific state and federal statutory requirements, and to provide for the public's health, safety, and welfare. Local correctional facilities shall be operated in accordance with these standards.

This section shall expire upon the board's adoption of standards pursuant to section 3 of this 1990 act, or on July 1, 1991, whichever occurs first.

Sec. 7. Section 10, chapter 316, Laws of 1977 ex. sess. and RCW 70.48.100 are each amended to read as follows:

(1) A local department of corrections or chief law enforcement officer responsible for the operation of a jail shall maintain a jail register, open to the public, into which shall be entered in a timely basis:

(a) The name of each person confined in the jail with the hour, date and cause of the confinement; and

(b) The hour, date and manner of each person's discharge.

(2) The records of a person confined in jail shall be held in confidence and shall be made available only to criminal justice agencies as defined in RCW 43.43.705; or

(a) For use in inspections made pursuant to ((~~RCW 70.48.070~~)) section 3 of this 1990 act;

(b) In jail certification proceedings;

(d) Upon the written permission of the person.

Sec. 8. 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 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.

((~~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, 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, after consultation with the jail standards incentive board, shall re-establish these rates each even-numbered year ((~~beginning in 1986~~)) and report to the senate and house of representatives fiscal committees.

NEW SECTION. Sec. 9. A new section is added to chapter 70.48 RCW to read as follows:

(1) The jail standards incentive board shall make recommendations to the secretary of corrections regarding the participation of counties and cities in state correctional facilities. Each county or city that wishes to transfer its inmates to a state correctional facility shall submit an application to the secretary of corrections on behalf of the board, which application shall include data, covering a period of at least one year, that demonstrate the number of inmates who may be eligible to be sent to a state correctional facility, and their actual lengths of stay.

(2) Subsequent to the initial application, participating counties and cities may submit data on a requested basis to the office of financial management, or to such agency as the office may designate, on the admissions and releases of all inmates held in the county, city, and state correctional facilities. The jail standards incentive board may adopt rules which define the data elements to be submitted including, but not limited to: (a) The governing unit's population projections; (b) current incarceration rates as applied to population projections; and (c) peaking factors above the average daily population.

NEW SECTION. Sec. 10. A new section is added to chapter 70.48 RCW to read as follows:

(1) The rules adopted by the board for purposes of recommending the transfer of county and city inmates to a state correctional facility shall:

(a) Ensure that each governing unit or combination of governing units applying to transfer inmates under this chapter has submitted a jail population management plan which demonstrates that pretrial and posttrial alternatives to incarceration have been implemented and are being utilized within the governmental unit. The cities and counties are encouraged to use a community corrections board under RCW 72.09.300 to create such plans; and

(b) Establish procedures for the submission and review of applications to participate submitted by cities and counties.

(2) The board shall review all applications with the office of financial management and the department of corrections, and the office of financial management shall provide technical assistance to the board for purposes of ensuring the accuracy of statistical information to be used by the board in determining access to state correctional facilities.

(3) The board, the office of financial management, and the department of corrections shall jointly report to the legislature on or before the convening of a regular session as to the projects approved for funding, and funds expended and encumbered to date.

Sec. 11. Section 1, chapter 17, Laws of 1980 and RCW 72.64.110 are each amended to read as follows:

(1) The secretary may enter into a contract with any city or county of the state, upon the request of the police chief or sheriff thereof, wherein the secretary agrees to furnish confinement, care, treatment, and employment of city or county ((~~prisoners~~)) inmates. The city or county shall reimburse the state for the cost of such services, unless the jail standards incentive board has found: (a) The city's or county's jail facilities to substantially comply with its advisory standards; and (b) the city's or county's jail population management plan to be adequate. If the board has found that both conditions (a) and (b) of this subsection have been met, the city or county shall be required to pay a rate equal to eight dollars per inmate per day, as adjusted by subsection (4) of this section for housing its inmates in a state correctional facility: PROVIDED, That counties which meet all of the following criteria shall not be charged for the housing of inmates in state correctional facilities:

(i) The county's jail facilities comply with both conditions in subsection (1) (a) and (b) of this section; and

(ii) The per capita assessed value of property in the county and the per capita sales tax revenue are each less than or equal to sixty percent of the state-wide average; or

(iii) The county meets all three of the following criteria:

(A) The per capita assessed value of property in the county is less than or equal to one hundred twenty percent of the state-wide average;

(B) The per capita sales tax revenue is less than or equal to eighty percent of the state-wide average; and

Each city or county shall pay to the state treasurer the amounts found to be due.

(2) The secretary shall accept such ((~~county prisoner~~)) inmate if he or she believes that the prisoner can be materially benefited by such confinement, care, treatment and employment, and if adequate facilities to provide such care are available. ((No such person shall be transported to any facility under the jurisdiction of the secretary until the secretary has notified the referring court of the place to which said person is to be transmitted and the time at which he can be received.

(3) The sheriff of the county in which such an order is made placing a misdemeanant in a jail camp pursuant to this chapter, or any other peace officer designated by the court, shall execute an order placing such county prisoner in the jail camp or returning him therefrom to the court.

(4) The secretary may return to the committing authority, or to confinement according to his sentence, any person committed or transferred to a regional jail camp pursuant to this chapter when there is no suitable employment or when such person is guilty of any violation of rules and regulations of the regional jail camp.))

(3) If the board has found that both conditions in subsection (1) (a) and (b) have not been met, and the city or county still wishes to send its inmates to a state correctional facility, the city or county shall reimburse the state for such inmates at the rate of sixteen dollars per inmate per day, as adjusted by subsection (4) of this section.

(4) In years following the effective date of this act, the rate shall be adjusted by the implicit price deflator for personal consumption as established by the United States department of commerce, bureau of economic analysis.

NEW SECTION. Sec. 12. A new section is added to chapter 72.64 RCW to read as follows:

(1) Inmates housed by the department for local jurisdictions shall be eligible for participation in all classes of correctional industries, as defined by RCW 72.09.100.

(2) All funds deducted from local inmates' wages to participate in the costs of corrections pursuant to RCW 72.09.110 shall be credited to the department of corrections.

(3) Where local inmates housed in state correctional facilities are involved in class IV community work industries, the department and the local jurisdiction shall each pay an equal share of the inmates' wages.

Sec. 13. Section 1, chapter 17, Laws of 1984 and RCW 10.98.010 are each amended to read as follows:

The purpose of this chapter is to provide a system of reporting and disseminating ((~~felony~~)) criminal justice information that provides: (1) Timely and accurate criminal histories for filing and sentencing under the sentencing reform act of 1981, (2) identification and tracking of felons, ((~~and~~)) (3) data for state-wide planning and forecasting of the felon population, and (4) data for state-wide planning and forecasting of the inmate populations of the county and city jails who have submitted an application to participate in transferring inmates to state correctional facilities pursuant to section 9 of this 1990 act.

Sec. 14. Section 14, chapter 17, Laws of 1984 as last amended by section 4, chapter 462, Laws of 1987 and RCW 10.98.140 are each amended to read as follows:

(1) The section, the department, and the office of financial management shall be the primary sources of information for criminal justice forecasting. The information maintained by these agencies shall be complete, accurate, and sufficiently timely to support state criminal justice forecasting.

(2) The office of financial management shall be the official state agency for the ((~~sentenced felon jail forecast. This forecast shall provide at least a six-year projection and shall be published by December 1 of every even-numbered year beginning with 1986~~)) forecasting of the inmate populations of the county and city jails who have submitted an application to participate in transferring inmates to a state correctional facility pursuant to section 9 of this 1990 act. The office of financial management shall seek advice regarding the assumptions in the forecast from criminal justice agencies, including the jail standards incentive board and associations representing local governments.

(3) The sentencing guidelines commission shall keep records on all sentencings above or below the standard range defined by chapter 9.94A RCW. As a minimum, the records shall include the name of the offender, the crimes for which the offender was sentenced, the name and county of the sentencing judge, and the deviation from the standard range. Such records shall be made available to public officials upon request.

NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:

(1) Section 16, chapter 462, Laws of 1987 and RCW 70.48.061;

(2) Section 16, chapter 316, Laws of 1977 ex. sess., section 3, chapter 276, Laws of 1981, section 10, chapter 118, Laws of 1986, section 9, chapter 462, Laws of 1987 and RCW 70.48.160; and

(3) Section 9, chapter 131, Laws of 1981 and RCW 70.48A.090.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.