S-1556.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5203

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Franklin, Kohl and Winsley; by request of Department of Corrections)

Read first time 02/10/95.

Authorizing the secretary of corrections to delegate authority to certify records and documents.

     AN ACT Relating to admissibility in court of records certified by the secretary of corrections or his or her designee; amending RCW 72.09.050; and adding a new section to chapter 72.09 RCW.

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

     Sec. 1.  RCW 72.09.050 and 1991 c 363 s 149 are each amended to read as follows:

     The secretary shall manage the department of corrections and shall be responsible for the administration of adult correctional programs, including but not limited to the operation of all state correctional institutions or facilities used for the confinement of convicted felons.  In addition, the secretary shall have broad powers to enter into agreements with any federal agency, or any other state, or any Washington state agency or local government providing for the operation of any correctional facility or program for persons convicted of felonies or misdemeanors or for juvenile offenders.  Such agreements for counties with local law and justice councils shall be required in the local law and justice plan pursuant to RCW 72.09.300.  The agreements may provide for joint operation or operation by the department of corrections, alone, or by any of the other governmental entities, alone.  The secretary may employ persons to aid in performing the functions and duties of the department.  The secretary may delegate any of his or her functions or duties to department employees, including the authority to certify and maintain custody of records and documents on file with the department.  The secretary is authorized to promulgate standards for the department of corrections within appropriation levels authorized by the legislature.

     Pursuant to the authority granted in chapter 34.05 RCW, the secretary shall adopt rules providing for inmate restitution when restitution is determined appropriate as a result of a disciplinary action.

NEW SECTION. Sec. 2.  A new section is added to chapter 72.09 RCW to read as follows:

     The department may charge reasonable fees for the reproduction, shipment, and certification of documents, records, and other materials in the files of the department.

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