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ENGROSSED
SUBSTITUTE SENATE BILL 6761
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Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 02/04/00.
Authorizing
agreements for the operation of correctional facilities and programs in any
other state.
AN
ACT Relating to agreements for the operation of correctional facilities and
programs in any other state; amending RCW 72.68.010 and 72.68.040; adding new
sections to chapter 72.68 RCW; 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 72.68 RCW to read as follows:
The
legislature has in the past allowed funding for transfer of convicted felons to
a private institution in another state. It is the legislature's intent to
clarify the law to reflect that the secretary of corrections has authority to
contract with private corporations to house felons out-of-state and has had
that authority since before February 1, 1999, when specific authority to expend
funds during specified bienniums was granted under RCW 72.09.050. The
secretary has the authority to expend funds between February 1, 1999, and June
30, 2001, for contracts with private corporations to house felons out-of-state.
Sec.
2. RCW
72.68.010 and 1983 c 255 s 10 are each amended to read as follows:
(1)
Whenever in its judgment the best interests of the state or the welfare of any
prisoner confined in any penal institution will be better served by his or her
transfer to another institution or to a foreign country of which the prisoner
is a citizen or national, the secretary may effect such transfer consistent
with applicable federal laws and treaties. The secretary has the authority
to transfer offenders out-of-state to private or governmental institutions if
the secretary determines that transfer is in the best interest of the state or
the offender. The determination of what is in the best interest of the state
or offender may include but is not limited to considerations of overcrowding,
emergency conditions, or hardship to the offender. In determining whether the
transfer will impose a hardship on the offender, the secretary shall consider:
(a) The location of the offender's family and whether the offender has
maintained contact with members of his or her family; (b) whether, if the
offender has maintained contact, the contact will be significantly disrupted by
the transfer due to the family's inability to maintain the contact as a result
of the transfer; and (c) whether the offender is enrolled in a vocational or
educational program that cannot reasonably be resumed if the offender is
returned to the state.
(2) If directed by the governor, the secretary shall, in carrying
out this section and RCW 43.06.350, adopt rules under chapter 34.05 RCW to
effect the transfer of prisoners requesting transfer to foreign countries.
Sec.
3. RCW
72.68.040 and 1981 c 136 s 117 are each amended to read as follows:
The
secretary may contract with the authorities of the federal government, or the
authorities of any state of the United States, private companies in other
states, or ((of)) any county or city in this state providing for the
detention in an institution or jail operated by such ((governmental unit))
entity, ((of)) for prisoners convicted of a felony in the
courts of this state and sentenced to a term of imprisonment therefor in a
state correctional institution for convicted felons under the jurisdiction of the
department. After the making of a contract under this section, prisoners
sentenced to a term of imprisonment in a state correctional institution for
convicted felons may be conveyed by the superintendent or his assistants to the
institution or jail named in the contract. The prisoners shall be delivered to
the authorities of the institution or jail, there to be confined until their
sentences have expired or they are otherwise discharged by law, paroled or
until they are returned to a state correctional institution for convicted
felons for further confinement.
NEW
SECTION. Sec. 4. A
new section is added to chapter 72.68 RCW to read as follows:
(1)
If the secretary transfers any offender to an institution in another state after
the effective date of this act, the secretary shall, prior to the transfer,
review the records of victims registered with the department. If any
registered victim of the offender resides: (a) In the state to which the
offender is to be transferred; or (b) in close proximity to the institution to
which the offender is to be transferred, the secretary shall notify the victim
prior to the transfer and consider the victim's concerns about the transfer.
(2)
Any victim notified under subsection (1) of this section shall also be notified
of the return of the offender to a facility in Washington, prior to the return.
(3)
The secretary shall develop a written policy to define "close
proximity" for purposes of this section.
NEW SECTION. Sec. 5. 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 takes effect immediately.
