BILL REQ. #:  H-3666.1 

Read first time 01/18/12.   Referred to Committee on Judiciary.

     AN ACT Relating to the provision of legal services for persons under the supervision of the department of social and health services or corrections; adding a new section to chapter 72.01 RCW; and repealing RCW 72.09.190.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 72.01 RCW to read as follows:
     (1) It is the intent of the legislature that reasonable legal services be provided to persons committed to any institution under the supervision of the department of social and health services or corrections. The department shall contract with persons or organizations to provide legal services. The secretary shall adopt procedures designed to minimize any conflict of interest, or appearance thereof, in respect to the provision of legal services and the department's administration of such contracts.
     (2) Persons who contract to provide legal services are expressly forbidden to solicit plaintiffs or promote litigation that has not been pursued initially by a person entitled to such services under this section.
     (3) Persons who contract to provide legal services shall exhaust all informal means of resolving a legal complaint or dispute prior to the filing of any court proceeding.
     (4) Nothing in this section forbids the secretary to supplement contracted legal services with any of the following: (a) Law libraries; (b) law student interns; and (c) volunteer attorneys.
     (5) The total due a contractor as compensation, fees, or reimbursement under the terms of the contract shall be reduced by the total of any other compensation, fees, or reimbursement received by or due the contractor for the performance of any legal service to persons committed to an institution under the supervision of the department during the contract period. Any amount received by a contractor under contract that is not due under this section shall be immediately returned by the contractor.

NEW SECTION.  Sec. 2   RCW 72.09.190 (Legal services for inmates) and 1981 c 136 s 23 are each repealed.