BP BHEAD INT H [atlas:bill]

AN ACT Relating to responsibility for the costs of confinement of certain offenders; amending RCW 9.94A.175, 9.94A.190, 9.94A.207, and 70.48.440; and adding a new section to chapter 70.48 RCW.

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

Sec. 1. RCW 9.94A.175 and 1988 c 153 s 8 are each amended to read as follows:

If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same manner as provided in RCW 9.94A.200. Jurisdiction shall be with the court of the county in which the offender was sentenced. However, the court may order a change of venue to the offender's county of residence or where the violation occurred, for the purpose of holding a violation hearing.

After the hearing, the court may order the offender to be confined for up to sixty days per violation in the county jail. Reimbursement to a city or county for the care of offenders who are detained solely for violating a condition of postrelease supervision shall be ((~~under~~)) made pursuant to RCW 70.48.440. A county shall be reimbursed for indigent defense costs for offenders who are detained solely for violating a condition of postrelease supervision in accordance with regulations to be promulgated by the office of financial management. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.

Sec. 2. RCW 9.94A.190 and 1995 c 108 s 4 are each amended to read as follows:

(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state. Except as provided for in subsections (3) and (5) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the defendant or a member of the defendant's immediate family.

(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided for in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. ((The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department of corrections for the purpose of covering the cost of county use of state partial confinement facilities.)) The office of financial management shall reestablish reimbursement rates each even-numbered year.

(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.400.

(4) For sentences imposed pursuant to RCW 9.94A.120(6) which have a sentence range of over one year, notwithstanding any other provision of this section all such sentences regardless of length shall be served in a facility or institution operated, or utilized under contract, by the state.

(5) Where an offender is serving a total consecutive period of confinement greater than one year whether from one or more than one sentence, that period of confinement shall be served in a facility or institution operated, or utilized under contract, by the state. In calculating whether the total period of confinement exceeds one year, all terms of confinement, including terms of confinement for offenses classified as misdemeanors or gross misdemeanors whether or not the offender is also sentenced to a period of confinement for an offense classified as a felony, shall be included.

(6) Nothing in this section shall be construed to affect the length of any sentence, the period of confinement any inmate serves, or any statutes or rules pertaining to earned early release.

Sec. 3. RCW 9.94A.207 and 1999 c 196 s 9 are each amended to read as follows:

(1) The secretary may issue warrants for the arrest of any offender who violates a condition of community placement or community custody. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and place him or her in total confinement pending disposition of the alleged violation. The department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440.

(2) A community corrections officer, if he or she has reasonable cause to believe an offender in community placement or community custody has violated a condition of community placement or community custody, may suspend the person's community placement or community custody status and arrest or cause the arrest and detention in total confinement of the offender, pending the determination of the secretary as to whether the violation has occurred. The community corrections officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending community placement or community custody status. A violation of a condition of community placement or community custody shall be deemed a violation of the sentence for purposes of RCW 9.94A.195. The authority granted to community corrections officers under this section shall be in addition to that set forth in RCW 9.94A.195.

((~~(2)~~)) (3) Inmates, as defined in RCW 72.09.015, who ((~~have been transferred to~~)) are in community custody and who are detained in a local correctional facility are the financial responsibility of the department of corrections((~~, except as provided in subsection (3) of this section~~)). The community custody inmate shall be removed from the local correctional facility, except as provided in subsection ((~~(3)~~)) (4) of this section, not later than eight days, excluding weekends and holidays, following admittance to the local correctional facility and notification that the inmate is available for movement to a state correctional institution.

((~~(3)~~)) (4) The department may negotiate with local correctional authorities for an ((additional period of detention; however, sex offenders sanctioned for community custody violations under RCW 9.94A.205(2) to a term of confinement shall remain in the local correctional facility for the complete term of the sanction. For confinement sanctions imposed under RCW 9.94A.205(2)(a), the local correctional facility shall be financially responsible. For confinement sanctions imposed under RCW 9.94A.205(2)(b), the department of corrections shall be financially responsible for that portion of the sanction served during the time in which the sex offender is on community custody in lieu of earned release, and the local correctional facility shall be financially responsible for that portion of the sanction served by the sex offender after the time in which the sex offender is on community custody in lieu of earned release. The department, in consultation with the Washington association of sheriffs and police chiefs and those counties in which the sheriff does not operate a correctional facility, shall establish a methodology for determining the department's local correctional facilities bed utilization rate, for each county in calendar year 1998, for offenders being held for violations of conditions of community custody, community placement, or community supervision. For confinement sanctions imposed under RCW 9.94A.205(2) (c) or (d), the local correctional facility shall continue to be financially responsible to the extent of the calendar year 1998 bed utilization rate. If the department's use of bed space in local correctional facilities of any county for confinement sanctions imposed on offenders sentenced to a term of community custody under RCW 9.94A.205(2) (c) or (d) exceeds the 1998 bed utilization rate for the county, the department shall compensate the county for the excess use at the per diem rate equal to the lowest rate charged by the county under its contract with a municipal government during the year in which the use occurs)) inmate described in subsection (3) of this section to remain in a local correctional facility for the length of the confinement sanction that is imposed. In such event, the department shall compensate the local correctional authority for the cost of confinement in accordance with RCW 70.48.440.

Sec. 4. RCW 70.48.440 and 1984 c 235 s 5 are each amended to read as follows:

The office of financial management, in consultation with the Washington association of sheriffs and police chiefs, 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 rate shall reflect the weighted state-wide average cost, including medical services, of housing an offender in city and county jails or the average annual cost per inmate incurred by the department of corrections as reported in the most recently published copy of legislative budget notes, whichever is less.

The office of financial management shall re-establish these rates each even-numbered year ((~~beginning in 1986~~)).

NEW SECTION. Sec. 5. A new section is added to chapter 70.48 RCW to read as follows:

(1) The legislature shall, by making specific appropriations, agree to assume responsibility for certain additional jail costs which are currently borne by local governments. Categories of costs that are to be assumed include those jail costs incurred as a result of: (a) Serving out-of-state warrants; (b) serving out-of-county warrants; (c) holding prisoners who are arrested by any officer of the Washington state patrol, department of fish and wildlife, any public college or university police force, or the state parks department; and (d) offenders who are denied bail due to specific legislative enactments which made that offender ineligible for bail.

(2) All appropriations made for this purpose: (a) Are made in support of programs and services that are the ongoing responsibility of the recipient political subdivision; (b) are a transfer of local government costs under RCW 43.135.060; and (c) do not constitute a state obligation for any time period other than that for which the appropriation is made. All appropriations made for this purpose shall also indicate the amount appropriated, the categories of costs being assumed, and how the appropriation will be modified if the costs being assumed exceed the amount being appropriated.