6500-S AMS FRAS STRU 017
SSB 6500 - S AMD 117
By Senator Fraser
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 72.09.015 and 2009 c 521 s 165 are each amended to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Adult basic education" means education or instruction designed to achieve general competence of skills in reading, writing, and oral communication, including English as a second language and preparation and testing services for obtaining a high school diploma or a general equivalency diploma.
(2) "Base level of correctional services" means the minimum level of field services the department of corrections is required by statute to provide for the supervision and monitoring of offenders.
(3) "Community custody" has the same meaning as that provided in RCW 9.94A.030 and also includes community placement and community supervision as defined in RCW 9.94B.020.
(4) "Contraband" means any object or communication the secretary determines shall not be allowed to be: (a) Brought into; (b) possessed while on the grounds of; or (c) sent from any institution under the control of the secretary.
(5) "Correctional facility" means a
facility or institution operated directly or by contract by the secretary for
the purposes of incarcerating adults in total or partial confinement, as
defined in RCW 9.94A.030.
(6) "County" means a county or combination of counties.
(((6))) (7) "Department" means
the department of corrections.
(((7))) (8) "Earned early
release" means earned release as authorized by RCW 9.94A.728.
(((8))) (9) "Evidence‑based"
means a program or practice that has had multiple‑site random controlled
trials across heterogeneous populations demonstrating that the program or
practice is effective in reducing recidivism for the population.
(((9))) (10) "Extended family
visit" means an authorized visit between an inmate and a member of his or
her immediate family that occurs in a private visiting unit located at the
correctional facility where the inmate is confined.
(((10))) (11) "Good conduct"
means compliance with department rules and policies.
(((11))) (12) "Good performance"
means successful completion of a program required by the department, including
an education, work, or other program.
(((12))) (13) "Immediate family"
means the inmate's children, stepchildren, grandchildren, great grandchildren,
parents, stepparents, grandparents, great grandparents, siblings, and a person
legally married to or in a state registered domestic partnership with an
inmate. "Immediate family" does not include an inmate adopted by another
inmate or the immediate family of the adopted or adopting inmate.
(((13))) (14) "Indigent inmate,"
"indigent," and "indigency" mean an inmate who has less
than a ten-dollar balance of disposable income in his or her institutional
account on the day a request is made to utilize funds and during the thirty
days previous to the request.
(((14))) (15) "Individual reentry
plan" means the plan to prepare an offender for release into the
community. It should be developed collaboratively between the department and
the offender and based on an assessment of the offender using a standardized
and comprehensive tool to identify the offender's risks and needs. The
individual reentry plan describes actions that should occur to prepare
individual offenders for release from prison or jail, specifies the supervision
and services they will experience in the community, and describes an offender's
eventual discharge to aftercare upon successful completion of supervision. An
individual reentry plan is updated throughout the period of an offender's
incarceration and supervision to be relevant to the offender's current needs
and risks.
(((15))) (16) "Inmate" means a
person committed to the custody of the department, including but not limited to
persons residing in a correctional institution or facility and persons released
from such facility on furlough, work release, or community custody, and persons
received from another state, state agency, county, or federal jurisdiction.
(((16))) (17) "Labor" means the
period of time before a birth during which contractions are of sufficient
frequency, intensity, and duration to bring about effacement and progressive
dilation of the cervix.
(18) "Physical restraint" means the use of any bodily force or
physical intervention to control an offender or limit an offender's freedom of
movement in a way that does not involve a mechanical restraint. Physical
restraint does not include momentary periods of minimal physical restriction by
direct person-to-person contact, without the aid of mechanical restraint,
accomplished with limited force and designed to:
(a) Prevent an offender from completing an act that would result in
potential bodily harm to self or others or damage property;
(b) Remove a disruptive offender who is unwilling to leave the area
voluntarily; or
(c) Guide an offender from one location to another.
(19) "Postpartum recovery" means (a) the entire period a woman
or youth is in the hospital, birthing center, or clinic after giving birth and
(b) an additional time period, if any, a treating physician determines is
necessary for healing after the woman or youth leaves the hospital, birthing
center, or clinic.
(20) "Privilege" means any goods or services, education or
work programs, or earned early release days, the receipt of which are directly
linked to an inmate's (a) good conduct; and (b) good performance. Privileges do
not include any goods or services the department is required to provide under
the state or federal Constitution or under state or federal law.
(((17))) (21) "Promising
practice" means a practice that presents, based on preliminary
information, potential for becoming a research‑based or consensus‑based
practice.
(((18))) (22) "Research‑based"
means a program or practice that has some research demonstrating effectiveness,
but that does not yet meet the standard of evidence‑based practices.
(((19))) (23) "Restraints" means
anything used to control the movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs,
plastic ties, ankle restraints, leather cuffs, other hospital-type restraints,
tasers, or batons.
(24) "Secretary" means the secretary of corrections or his
or her designee.
(((20))) (25) "Significant
expansion" includes any expansion into a new product line or service to
the class I business that results from an increase in benefits provided by the
department, including a decrease in labor costs, rent, or utility rates (for
water, sewer, electricity, and disposal), an increase in work program space,
tax advantages, or other overhead costs.
(((21))) (26) "Superintendent"
means the superintendent of a correctional facility under the jurisdiction of
the Washington state department of corrections, or his or her designee.
(((22))) (27) "Transportation"
means the conveying, by any means, of an incarcerated pregnant woman or youth
from the correctional facility to another location from the moment she leaves
the correctional facility to the time of arrival at the other location, and
includes the escorting of the pregnant incarcerated woman or youth from the
correctional facility to a transport vehicle and from the vehicle to the other
location.
(28) "Unfair competition" means any net competitive advantage that a business may acquire as a result of a correctional industries contract, including labor costs, rent, tax advantages, utility rates (water, sewer, electricity, and disposal), and other overhead costs. To determine net competitive advantage, the correctional industries board shall review and quantify any expenses unique to operating a for-profit business inside a prison.
(((23))) (29) "Vocational
training" or "vocational education" means "vocational
education" as defined in RCW 72.62.020.
(((24))) (30) "Washington
business" means an in-state manufacturer or service provider subject to
chapter 82.04 RCW existing on June 10, 2004.
(((25))) (31) "Work programs"
means all classes of correctional industries jobs authorized under RCW
72.09.100.
NEW SECTION. Sec. 2. (1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant woman or youth incarcerated in a correctional facility during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where a corrections officer makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant woman or youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the corrections officer determines that extraordinary circumstances exist and restraints are used, the corrections officer must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the corrections officer must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant woman or youth is in labor or in childbirth no restraints of any kind may be used unless specifically requested by medical personnel.
(3) Anytime restraints are permitted to be used on a pregnant woman or youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any woman or youth known to be pregnant.
(4) No correctional personnel shall be present in the room during the pregnant woman's or youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant woman or youth requests that restraints not be used, the corrections officer accompanying the pregnant woman or youth shall immediately remove all restraints.
NEW SECTION. Sec. 3. (1) The secretary shall provide an informational packet about the requirements of this act to all medical staff and nonmedical staff who are involved in the transportation of women and youth who are pregnant, as well as such other staff as the secretary deems appropriate. The informational packet provided to staff under this section shall be developed as provided in section 13 of this act.
(2) The secretary shall cause the requirements of this act to be provided to all women or youth who are pregnant, at the time the department assumes custody of the person. In addition, the secretary shall cause a notice containing the requirements of this act to be posted in conspicuous locations in the correctional facilities, including but not limited to the locations in which medical care is provided within the facilities.
Sec. 4. RCW 70.48.020 and 2009 c 411 s 3 are each reenacted and amended to read as follows:
As used in this chapter the words and phrases in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Administration" means the direct application of a drug whether by ingestion or inhalation, to the body of an inmate by a practitioner or nonpractitioner jail personnel.
(2) "Correctional facility" means a facility operated by a governing unit primarily designed, staffed, and used for the housing of adult persons serving terms not exceeding one year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.
(3) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of medication whether or not there is an agency relationship.
(4) "Detention facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the housing of adult persons for purposes of punishment and correction after sentencing or persons serving terms not to exceed ninety days.
(5) "Drug" and "legend drug" have the same meanings as provided in RCW 69.41.010.
(6) "Governing unit" means the city and/or county or any combinations of cities and/or counties responsible for the operation, supervision, and maintenance of a jail.
(7) "Health care" means preventive, diagnostic, and rehabilitative services provided by licensed health care professionals and/or facilities; such care to include providing prescription drugs where indicated.
(8) "Holding facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the temporary housing of such persons during or after trial and/or sentencing, but in no instance shall the housing exceed thirty days.
(9) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.
(10) "Labor" means the period of time
before a birth during which contractions are of sufficient frequency,
intensity, and duration to bring about effacement and progressive dilation of
the cervix.
(11) "Major urban" means a county or combination of
counties which has a city having a population greater than twenty-six thousand
based on the 1978 projections of the office of financial management.
(((11))) (12) "Medication" means
a drug, legend drug, or controlled substance requiring a prescription or an
over-the-counter or nonprescription drug.
(((12))) (13) "Medication
assistance" means assistance rendered by nonpractitioner jail personnel to
an inmate residing in a jail to facilitate the individual's self-administration
of a legend drug or controlled substance or nonprescription medication.
"Medication assistance" includes reminding or coaching the
individual, handing the medication container to the individual, opening the
individual's medication container, using an enabler, or placing the medication
in the individual's hand.
(((13))) (14) "Medium urban"
means a county or combination of counties which has a city having a population
equal to or greater than ten thousand but less than twenty-six thousand based
on the 1978 projections of the office of financial management.
(((14))) (15) "Nonpractitioner jail
personnel" means appropriately trained staff who are authorized to manage,
deliver, or administer prescription and nonprescription medication under RCW
70.48.490.
(((15))) (16) "Office" means the
office of financial management.
(((16))) (17) "Physical restraint"
means the use of any bodily force or physical intervention to control an
offender or limit an offender's freedom of movement in a way that does not
involve a mechanical restraint. Physical restraint does not include momentary
periods of minimal physical restriction by direct person-to-person contact,
without the aid of mechanical restraint, accomplished with limited force and
designed to:
(a) Prevent an offender from completing an act that would result in
potential bodily harm to self or others or damage property;
(b) Remove a disruptive offender who is unwilling to leave the area
voluntarily; or
(c) Guide an offender from one location to another.
(18) "Postpartum recovery" means (a) the entire period a woman
or youth is in the hospital, birthing center, or clinic after giving birth and
(b) an additional time period, if any, a treating physician determines is
necessary for healing after the woman or youth leaves the hospital, birthing
center, or clinic.
(19) "Practitioner" has the same meaning as provided in
RCW 69.41.010.
(((17))) (20) "Restraints" means
anything used to control the movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs,
plastic ties, ankle restraints, leather cuffs, other hospital-type restraints,
tasers, or batons.
(21) "Rural" means a county or combination of counties which
has a city having a population less than ten thousand based on the 1978
projections of the office of financial management.
(((18))) (22) "Special detention
facility" means a minimum security facility operated by a governing unit
primarily designed, staffed, and used for the housing of special populations of
sentenced persons who do not require the level of security normally provided in
detention and correctional facilities including, but not necessarily limited
to, persons convicted of offenses under RCW 46.61.502 or 46.61.504.
(23) "Transportation" means the conveying, by any means, of an incarcerated pregnant woman or youth from the correctional facility or any facility covered by this chapter to another location from the moment she leaves the correctional facility or any facility covered by this chapter to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated woman or youth from the correctional facility or facility covered by this chapter to a transport vehicle and from the vehicle to the other location.
NEW SECTION. Sec. 5. (1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant woman or youth incarcerated in a correctional facility or any facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where a corrections officer or employee of the correctional facility or any facility covered by this chapter makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant woman or youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the corrections officer or employee of the correctional facility or any facility covered by this chapter determines that extraordinary circumstances exist and restraints are used, the corrections officer or employee must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the corrections officer or employee must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant woman or youth is in labor or in childbirth no restraints of any kind may be used unless specifically requested by medical personnel.
(3) Anytime restraints are permitted to be used on a pregnant woman or youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any woman or youth known to be pregnant.
(4) No correctional personnel or employee of the correctional facility or any facility covered by this chapter shall be present in the room during the pregnant woman's or youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant woman or youth requests that restraints not be used, the corrections officer accompanying the pregnant woman or youth shall immediately remove all restraints.
NEW SECTION. Sec. 6. (1) The jail administrator or his or her designee or chief law enforcement executive or his or her designee shall provide notice of the requirements of this act to the appropriate staff at a correctional facility or a facility covered by this chapter. Appropriate staff shall include all medical staff and staff who are involved in the transportation of pregnant woman and youth as well as such other staff deemed appropriate.
(2) The jail administrator or his or her designee or chief law enforcement executive or his or her designee shall cause the requirements of this act to be provided to all woman and youth of child bearing age at intake. In addition, the jail administrator or his or her designee or chief law enforcement executive or his or her designee shall cause a notice containing the requirements of this act to be posted in locations in which medical care is provided within the facilities.
Sec. 7. RCW 72.05.020 and 1998 c 269 s 2 are each amended to read as follows:
As used in this chapter, unless the context requires otherwise:
(1) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility.
(2) "Department" means the department of social and health services.
(3) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.
(4) "Labor" means the period of time before
a birth during which contractions are of sufficient frequency, intensity, and
duration to bring about effacement and progressive dilation of the cervix.
(5) "Physical restraint" means the use of any bodily force or
physical intervention to control an offender or limit a juvenile offender's
freedom of movement in a way that does not involve a mechanical restraint.
Physical restraint does not include momentary periods of minimal physical
restriction by direct person-to-person contact, without the aid of mechanical
restraint, accomplished with limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would result
in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or
(c) Guide a juvenile offender from one location to
another.
(6)"Postpartum recovery" means (a) the entire period a youth
is in the hospital, birthing center, or clinic after giving birth and (b) an additional
time period, if any, a treating physician determines is necessary for healing
after the youth leaves the hospital, birthing center, or clinic.
(7) "Restraints" means anything used to control the movement
of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs,
plastic ties, ankle restraints, leather cuffs, other hospital-type restraints,
tasers, or batons.
(8) "Service provider" means the entity that operates a community
facility.
(9) "Transportation" means the conveying, by any means, of an incarcerated pregnant woman or youth from the institution or community facility to another location from the moment she leaves the institution or community facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated woman or youth from the institution or community facility to a transport vehicle and from the vehicle to the other location.
NEW SECTION. Sec. 8. (1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant youth in an institution or a community facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where an employee of an institution or community facility covered by this chapter makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event an employee of an institution or community facility covered by this chapter determines that extraordinary circumstances exist and restraints are used, the corrections officer or employee must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the employee of an institution or community facility covered by this chapter must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant woman or youth is in labor or in childbirth no restraints of any kind may be used unless specifically requested by medical personnel.
(3) Anytime restraints are permitted to be used on a pregnant youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any youth known to be pregnant.
(4) No employee of the institution or community facility shall be present in the room during the pregnant youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant woman or youth requests that restraints not be used, the corrections officer accompanying the pregnant woman or youth shall immediately remove all restraints.
NEW SECTION. Sec. 9. (1) The secretary shall provide an informational packet about the requirements of this act to all medical staff and nonmedical staff of the institution or community facility who are involved in the transportation of youth who are pregnant, as well as such other staff as the secretary deems appropriate. The informational packet provided to staff under this section shall be developed as provided in section 13 of this act.
(2) The secretary shall cause the requirements of this act to be provided to all youth who are pregnant, at the time the secretary assumes custody of the person. In addition, the secretary shall cause a notice containing the requirements of this act to be posted in conspicuous locations in the institutions or community facilities, including but not limited to the locations in which medical care is provided within the facilities.
Sec. 10. RCW 13.40.020 and 2009 c 454 s 2 are each amended to read as follows:
For the purposes of this chapter:
(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(2) "Community-based sanctions" may include one or more of the following:
(a) A fine, not to exceed five hundred dollars;
(b) Community restitution not to exceed one hundred fifty hours of community restitution;
(3) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community restitution may be performed through public or private organizations or through work crews;
(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;
(8) "Department" means the department of social and health services;
(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110, unless the individual was convicted of a lesser charge or acquitted of the charge for which he or she was previously transferred pursuant to RCW 13.40.110 or who is not otherwise under adult court jurisdiction;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16) "Labor" means the period of time
before a birth during which contractions are of sufficient frequency,
intensity, and duration to bring about effacement and progressive dilation of
the cervix;
(17) "Local sanctions" means one or more of the
following: (a) 0- 30 days of confinement; (b) 0-12 months of community
supervision; (c) 0-150 hours of community restitution; or (d) $0-$500 fine;
(((17))) (18) "Manifest
injustice" means a disposition that would either impose an excessive
penalty on the juvenile or would impose a serious, and clear danger to society
in light of the purposes of this chapter;
(((18))) (19) "Monitoring and
reporting requirements" means one or more of the following: Curfews;
requirements to remain at home, school, work, or court-ordered treatment
programs during specified hours; restrictions from leaving or entering
specified geographical areas; requirements to report to the probation officer
as directed and to remain under the probation officer's supervision; and other
conditions or limitations as the court may require which may not include
confinement;
(((19))) (20) "Offense" means an
act designated a violation or a crime if committed by an adult under the law of
this state, under any ordinance of any city or county of this state, under any
federal law, or under the law of another state if the act occurred in that
state;
(((20))) (21) "Physical restraint"
means the use of any bodily force or physical intervention to control a
juvenile offender or limit a juvenile offender's freedom of movement in a way
that does not involve a mechanical restraint. Physical restraint does not
include momentary periods of minimal physical restriction by direct person-to-
person contact, without the aid of mechanical restraint, accomplished with
limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would result
in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or
(c) Guide the juvenile offender from one location to
another.
(22) "Postpartum recovery" means (a) the entire period a woman
or youth is in the hospital, birthing center, or clinic after giving birth and
(b) an additional time period, if any, a treating physician determines is
necessary for healing after the youth leaves the hospital, birthing center, or
clinic;
(23) "Probation bond" means a bond, posted with sufficient
security by a surety justified and approved by the court, to secure the
offender's appearance at required court proceedings and compliance with
court-ordered community supervision or conditions of release ordered pursuant
to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of
other collateral in lieu of a bond if approved by the court;
(((21))) (24) "Respondent" means
a juvenile who is alleged or proven to have committed an offense;
(((22))) (25) "Restitution"
means financial reimbursement by the offender to the victim, and shall be
limited to easily ascertainable damages for injury to or loss of property,
actual expenses incurred for medical treatment for physical injury to persons,
lost wages resulting from physical injury, and costs of the victim's counseling
reasonably related to the offense. Restitution shall not include reimbursement
for damages for mental anguish, pain and suffering, or other intangible losses.
Nothing in this chapter shall limit or replace civil remedies or defenses
available to the victim or offender;
(((23))) (26) "Restraints" means
anything used to control the movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs,
plastic ties, ankle restraints, leather cuffs, other hospital-type restraints,
tasers, or batons;
(27) "Secretary" means the secretary of the department of
social and health services. "Assistant secretary" means the
assistant secretary for juvenile rehabilitation for the department;
(((24))) (28) "Services" means
services which provide alternatives to incarceration for those juveniles who
have pleaded or been adjudicated guilty of an offense or have signed a
diversion agreement pursuant to this chapter;
(((25))) (29) "Sex offense"
means an offense defined as a sex offense in RCW 9.94A.030;
(((26))) (30) "Sexual
motivation" means that one of the purposes for which the respondent committed
the offense was for the purpose of his or her sexual gratification;
(((27))) (31) "Surety" means an
entity licensed under state insurance laws or by the state department of
licensing, to write corporate, property, or probation bonds within the state,
and justified and approved by the superior court of the county having
jurisdiction of the case;
(((28))) (32) "Transportation"
means the conveying, by any means, of an incarcerated pregnant youth from the
institution or detention facility to another location from the moment she
leaves the institution or detention facility to the time of arrival at the
other location, and includes the escorting of the pregnant incarcerated woman
or youth from the institution or detention facility to a transport vehicle and
from the vehicle to the other location.
(33) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(((29))) (34) "Violent offense"
means a violent offense as defined in RCW 9.94A.030;
(((30))) (35) "Youth court"
means a diversion unit under the supervision of the juvenile court.
NEW SECTION. Sec. 11. (1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant youth in an institution or detention facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where an employee at an institution or detention facility makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the employee of the institution or detention facility determines that extraordinary circumstances exist and restraints are used, the employee of the institution or detention facility must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the employee of the institution or detention facility must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant youth is in labor or in childbirth no restraints of any kind may be used unless specifically requested by medical personnel.
(3) Anytime restraints are permitted to be used on a pregnant youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any youth known to be pregnant.
(4) No employee of the institution or detention facility shall be present in the room during the pregnant youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant youth requests that restraints not be used, the employee of the institution or detention facility accompanying the pregnant youth shall immediately remove all restraints.
NEW SECTION. Sec. 12. (1) The director of the juvenile detention facility shall provide an informational packet about the requirements of this act to all medical staff and nonmedical staff who are involved in the transportation of youth who are pregnant, as well as such other staff as appropriate. The informational packet provided to staff under this section shall be developed as provided in section 13 of this act.
(2) The director shall cause the requirements of this act to be provided to all youth who are pregnant, at the time the facility assumes custody of the person. In addition, the facility shall cause a notice containing the requirements of this act to be posted in conspicuous locations in the detention facilities, including but not limited to the locations in which medical care is provided within the facilities.
NEW SECTION. Sec. 13. The Washington association of sheriffs and police chiefs, the department of corrections, the department of social and health services, juvenile rehabilitation administration, and the criminal justice training commission shall jointly develop an informational packet on the requirements of this act. The packet shall be ready for distribution no later than September 1, 2010.
NEW SECTION. Sec. 14. Sections 2 and 3 of this act are each added to chapter 72.09 RCW.
NEW SECTION. Sec. 15. Sections 5, 6, and 13 of this act are each added to chapter 70.48 RCW.
NEW SECTION. Sec. 16. Sections 8 and 9 of this act are each added to chapter 72.05 RCW.
NEW SECTION. Sec. 17. Sections 11 and 12 of this act are each added to chapter 13.40 RCW."
EFFECT: Adds a definition of "transportation."
Provides that no institution or facility personnel will be present in the room during labor or childbirth unless requested by medical personnel.
For jails, any woman or youth of child bearing age must be given information about the requirements of this act. Jails must conspicuously post the requirements of this act in the areas where medical care is given.
The terms "delivering her baby" is changed to "childbirth". In the definition of "physical restraint" an exception is made to allow a correctional officer or employee to guide the pregnant woman or youth from one location to another.
Clarifies that when it is permissible to use restraints on pregnant women and youth, leg irons and waist chains cannot be used on any woman or youth known to be pregnant.
In the instances in which exceptional circumstances are found to allow restraints to be used on a woman or youth in her third trimester of pregnancy during transport, there must be written documentation about why restraints needed to be used and the kind of restraints that were actually used.
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EFFECT:
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