2541-S AMS JUD S4384.2

SHB 2541 - S COMM AMD

By Committee on Judiciary

                                                  ADOPTED 03/05/02

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 70.48.090 and 1987 c 462 s 7 are each amended to read as follows:

    (1) Contracts for jail services may be made between a county and a city ((located within the boundaries of a county)), and among counties and cities.  The contracts shall:  Be in writing, give one governing unit the responsibility for the operation of the jails, specify the responsibilities of each governing unit involved, and include the applicable charges for custody of the prisoners as well as the basis for adjustments in the charges.  The contracts may be terminated only by ninety days written notice to the governing units involved and to the office.  The notice shall state the grounds for termination and the specific plans for accommodating the affected jail population.

    (2) The contract authorized in subsection (1) of this section shall be for a minimum term of ten years when state funds are provided to construct or remodel a jail in one governing unit that will be used to house prisoners of other governing units.  The contract may not be terminated prior to the end of the term without the office's approval.  If the contract is terminated, or upon the expiration and nonrenewal of the contract, the governing unit whose jail facility was built or remodeled to hold the prisoners of other governing units shall pay to the state treasurer the amount set by the corrections standards board or office when it authorized disbursal of state funds for the remodeling or construction under RCW 70.48.120.  This amount shall be deposited in the local jail improvement and construction account and shall fairly represent the construction costs incurred in order to house prisoners from other governing units.  The office may pay the funds to the governing units which had previously contracted for jail services under rules which the office may adopt.  The acceptance of state funds for constructing or remodeling consolidated jail facilities constitutes agreement to the proportionate amounts set by the office.  Notice of the proportionate amounts shall be given to all governing units involved.

    (3) A city or county primarily responsible for the operation of a jail or jails may create a department of corrections to be in charge of such jail and of all persons confined therein by law, subject to the authority of the governing unit.  If such department is created, it shall have charge of jails and persons confined therein.  If no such department of corrections is created, the chief law enforcement officer of the city or county primarily responsible for the operation of said jail shall have charge of the jail and of all persons confined therein.

    Sec. 2.  RCW 70.48.220 and 1979 ex.s. c 232 s 19 are each amended to read as follows:

    A person ((convicted of)) confined for an offense punishable by imprisonment in a city or county jail may be confined in the jail of any city or county contracting with the prosecuting city or county for jail services.

A jurisdiction that confines persons prior to conviction in a jail in another county is responsible for providing private telephone, video-conferencing, or in-person contact between the defendant and his or her public defense counsel."

SHB 2541 - S COMM AMD

By Committee on Judiciary

ADOPTED 03/05/02

    On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "and amending RCW 70.48.090 and 70.48.220."

EFFECT:  Any person confined (more inclusive than "charged or convicted") may be placed outside the jurisdiction if adequate contact with public defense counsel is provided for.

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