BILL REQ. #:  H-5059.4 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to constraining the department of corrections' authority to transfer offenders out of state; and amending RCW 72.68.010.

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

Sec. 1   RCW 72.68.010 and 2000 c 62 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, 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) Subsection (4) of this section does not apply if the secretary determines that its implementation endangers the safety of any offender or staff. If circumstances arise that preclude full implementation of subsection (4) of this section, the secretary shall make a report to the appropriate committee chair, which shall document such circumstances. Upon determination that the circumstances requiring suspension of subsection (4) of this section are resolved, the secretary shall notify the appropriate committee chairs.
     (3) The department must inform an offender in writing of the intent to transfer the offender out-of-state no less than fourteen days prior to the proposed date of transfer.
     (4) The secretary may not transfer an offender out-of-state if the offender, within five days of being notified of the department's intent to transfer the offender out-of-state, requests in writing to remain in an in-state facility and demonstrates that he or she:
     (a) Is regularly participating in extended family visitations with his or her child;
     (b) Is regularly participating in parent-teacher conferences involving his or her child; or
     (c) Has had at least six contacts in person with his or her child within the six months prior to the proposed transfer.
     (5) 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.
     (6) For the purposes of this section:
     (a) "Child" means a person under the age of eighteen who is the natural or adopted child of the offender or the stepchild of either the offender or his or her spouse with legal custody and has been authorized to visit the offender. Children who are victims of the offender's sexual offense, physical abuse, or other mistreatment are excluded.
     (b) "Regularly participating" means participating on a consistent, ongoing basis with the anticipation of continuing participation in the future. "Regularly participating" does not include infrequent or occasional participation, unless the opportunities for participation are themselves infrequent or occasional.
     (7) When the department transfers offenders from an out-of-state facility to an in-state facility, the department must give priority to offenders who, prior to their transfer to the out-of-state facility, met at least one of the requirements of subsection (4) of this section and who request, in writing, a transfer to an in-state facility.