AN
ACT Relating to sexual misconduct by employees of custodial agencies; adding a
new section to chapter 13.40 RCW; adding a new section to chapter 72.09 RCW;
and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
When the secretary has reasonable cause to believe that sexual intercourse or
sexual contact between an employee and an offender has occurred,
notwithstanding any rule adopted under chapter 41.06 RCW the secretary shall
immediately suspend the employee.
(2)
The secretary shall immediately institute proceedings to terminate the
employment of any person:
(a)
Who is found by the department, based on a preponderance of the evidence, to
have had sexual intercourse or sexual contact with the offender; or
(b)
Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW
when the victim was an offender.
(3)
When the secretary has reasonable cause to believe that sexual intercourse or
sexual contact between the employee of a contractor and an offender has
occurred, the secretary shall require the employee of a contractor to be
immediately removed from any employment position which would permit the
employee to have any access to any offender.
(4)
The secretary shall disqualify for employment with a contractor in any position
with access to an offender, any person:
(a)
Who is found by the department, based on a preponderance of the evidence, to
have had sexual intercourse or sexual contact with the offender; or
(b)
Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW
when the victim was an offender.
(5)
The secretary, when considering the renewal of a contract with a contractor who
has taken action under subsection (3) or (4) of this section, shall require the
contractor to demonstrate that there has been significant progress made in
reducing the likelihood that any of its employees will have sexual intercourse
or sexual contact with an offender. The secretary shall examine whether the
contractor has taken steps to improve hiring, training, and monitoring
practices and whether the employee remains with the contractor. The secretary
shall not renew a contract unless he or she determines that significant
progress has been made.
(6)(a)
For the purposes of RCW 50.20.060, a person terminated under this section shall
be considered discharged for misconduct.
(b)(i)
The department may, within its discretion or upon request of any member of the
public, release information to an individual or to the public regarding any
person or contract terminated under this section.
(ii)
An appointed or elected public official, public employee, or public agency as
defined in RCW 4.24.470 is immune from civil liability for damages for any
discretionary release of relevant and necessary information, unless it is shown
that the official, employee, or agency acted with gross negligence or in bad
faith. The immunity provided under this section applies to the release of
relevant and necessary information to other public officials, public employees,
or public agencies, and to the public.
(iii)
Except as provided in chapter 42.17 RCW, or elsewhere, nothing in this section
shall impose any liability upon a public official, public employee, or public
agency for failing to release information authorized under this section.
Nothing in this section implies that information regarding persons designated
in subsection (2) of this section is confidential except as may otherwise be
provided by law.
(7)
The department shall adopt rules to implement this section. The rules shall
reflect the legislative intent that this section prohibits individuals who are
employed by the department or a contractor of the department from having sexual
intercourse or sexual contact with offenders. The rules shall also reflect the
legislative intent that when a person is employed by the department or a
contractor of the department, and has sexual intercourse or sexual contact with
an offender against the employed person's will, the termination provisions of
this section shall not be invoked.
(8)
As used in this section:
(a)
"Contractor" includes all subcontractors of a contractor;
(b)
"Offender" means a person under the jurisdiction or supervision of
the department; and
(c)
"Sexual intercourse" and "sexual contact" have the meanings
provided in RCW 9A.44.010.
NEW
SECTION. Sec. 2. A
new section is added to chapter 72.09 RCW to read as follows:
(1)
When the secretary has reasonable cause to believe that sexual intercourse or
sexual contact between an employee and an inmate has occurred, notwithstanding
any rule adopted under chapter 41.06 RCW the secretary shall immediately
suspend the employee.
(2)
The secretary shall immediately institute proceedings to terminate the
employment of any person:
(a)
Who is found by the department, based on a preponderance of the evidence, to
have had sexual intercourse or sexual contact with the inmate; or
(b)
Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW
when the victim was an inmate.
(3)
When the secretary has reasonable cause to believe that sexual intercourse or
sexual contact between the employee of a contractor and an inmate has occurred,
the secretary shall require the employee of a contractor to be immediately
removed from any employment position which would permit the employee to have
any access to any inmate.
(4)
The secretary shall disqualify for employment with a contractor in any position
with access to an inmate, any person:
(a)
Who is found by the department, based on a preponderance of the evidence, to
have had sexual intercourse or sexual contact with the inmate; or
(b)
Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW
when the victim was an inmate.
(5)
The secretary, when considering the renewal of a contract with a contractor who
has taken action under subsection (3) or (4) of this section, shall require the
contractor to demonstrate that there has been significant progress made in
reducing the likelihood that any of its employees will have sexual intercourse
or sexual contact with an inmate. The secretary shall examine whether the
contractor has taken steps to improve hiring, training, and monitoring
practices and whether the employee remains with the contractor. The secretary
shall not renew a contract unless he or she determines that significant
progress has been made.
(6)(a)
For the purposes of RCW 50.20.060, a person terminated under this section shall
be considered discharged for misconduct.
(b)(i)
The department may, within its discretion or upon request of any member of the
public, release information to an individual or to the public regarding any
person or contract terminated under this section.
(ii)
An appointed or elected public official, public employee, or public agency as
defined in RCW 4.24.470 is immune from civil liability for damages for any
discretionary release of relevant and necessary information, unless it is shown
that the official, employee, or agency acted with gross negligence or in bad
faith. The immunity provided under this section applies to the release of
relevant and necessary information to other public officials, public employees,
or public agencies, and to the public.
(iii)
Except as provided in chapter 42.17 RCW, or elsewhere, nothing in this section
shall impose any liability upon a public official, public employee, or public
agency for failing to release information authorized under this section.
Nothing in this section implies that information regarding persons designated
in subsection (2) of this section is confidential except as may otherwise be
provided by law.
(7)
The department shall adopt rules to implement this section. The rules shall
reflect the legislative intent that this section prohibits individuals who are
employed by the department or a contractor of the department from having sexual
intercourse or sexual contact with inmates. The rules shall also reflect the
legislative intent that when a person is employed by the department or a
contractor of the department, and has sexual intercourse or sexual contact with
an inmate against the employed person's will, the termination provisions of
this section shall not be invoked.
(8)
As used in this section:
(a)
"Contractor" includes all subcontractors of a contractor;
(b)
"Inmate" means an inmate as defined in RCW 72.09.015 or a person
under the supervision of the department; and
(c)
"Sexual intercourse" and "sexual contact" have the meanings
provided in RCW 9A.44.010.
NEW
SECTION. Sec. 3.
Nothing in section 1 or 2 of this act affects any collective bargaining
agreement in place on the effective date of this act.
