AN ACT Relating to the creation of a jail standards incentive board; amending RCW 70.48.020, 70.48.071, 70.48.100, and 70.48.440; adding new sections to chapter 70.48 RCW; repealing RCW 70.48.061, 70.48.160, and 70.48A.090; and providing an effective date.

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; and

(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.

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.

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

Within available appropriations, the board shall award 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. 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. 10. This act shall take effect July 1, 1990.