BILL REQ. #:  H-0409.2 

Read first time 01/22/2003.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to transporting residents of secure community transition facilities; adding a new section to chapter 71.09 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 71.09 RCW to read as follows:
     (1) When a resident leaves a secure community transition facility for appointments, employment, or other approved activities, the department shall develop a transportation route plan for the location of each activity. Each plan must contain:
     (a) A description of the primary route to be taken to and from the location of the activity;
     (b) A description of at least three alternate routes to the location of the activity, whenever feasible;
     (c) A list of any risk potential activities along the primary and alternate routes;
     (d) The dates and times when the resident will be transported to and from the activity;
     (e) A list of any locations along the primary and alternate routes where the resident may stop. The list may not contain locations within the line of sight, as defined in RCW 71.09.285(2), of any risk potential activities; and
     (f) A copy of the court's order of conditional release.
     (2) A resident may not leave a secure community transition facility for appointments, employment, or other approved activities without a transportation route plan developed under subsection (1) of this section.
     (3) The department shall provide law enforcement agencies in the counties and cities in which the resident will participate in appointments, employment, or other approved activities, or through which the resident is regularly transported, with a copy of all applicable transportation route plans developed under subsection (1) of this section no later than forty-eight hours before the resident leaves the secure community transition facility.
     (4) Before deviating from a transportation route plan, an escort shall make a good faith effort to notify the local law enforcement agencies who were furnished a copy of the transportation route plan under subsection (3) of this section of the deviation.
     (5) An escort failing to meet the requirements of subsection (4) of this section is guilty of a gross misdemeanor.
     (6) If the department discovers any deviations from a transportation route plan, it shall immediately notify the local law enforcement agencies who were furnished a copy of the transportation route plan under subsection (3) of this section of the deviations. A county prosecutor may levy a fine of five thousand dollars per deviation against the department if it fails to notify local law enforcement agencies in the manner required by this subsection. The department shall pay the fine in equal proportions to the law enforcement agencies that the department failed to notify.