Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Children, Youth & Families Committee
ESSB 5118
Brief Description: Supporting successful reentry.
Sponsors: Senate Committee on Human Services, Reentry & Rehabilitation (originally sponsored by Senators Darneille, Das, Hasegawa, Liias, Mullet, Nguyen, Salda?a and Wilson, C.).
Brief Summary of Engrossed Substitute Bill
  • Requires that persons serving a term of imprisonment in a juvenile rehabilitation institution are included in the requirement to bring an untried indictment, information, or complaint against the person to trial within 120 days after the prisoner delivers to the prosecutor and the superior court written notice of the prisoner's place of imprisonment and a request for a final disposition.  
  • Includes community facilities, the group care facilities operated for the care of juveniles committed to the Department of Children, Youth, and Families (DCYF), within the definition of "essential public facilities" for purposes of siting.  
  • Requires the DCYF, at least 30 days before an individual's release from a residential facility, to send written notice of the planned release to the person's health care insurance provider or assist the individual in obtaining coverage.
Hearing Date: 3/15/21
Staff: Luke Wickham (786-7146).
Background:

Disposition of Untried Complaint Against a Prisoner.

Whenever there is a untried indictment, information, or complaint against a prisoner, the prisoner must be brought to trial within 120 days after the prisoner delivers to the prosecutor and the superior court of the county where the indictment, information, or complaint is pending written notice of the prisoner's place of imprisonment and a request for a final disposition.  This request must be accompanied by a certificate of the superintendent having custody of the prisoner.  The court may grant a continuance in open court for good cause shown, and the prisoner has a right to be present during that hearing.  

 

Siting of Essential Public Facilities.

The Growth Management Act (GMA) is the comprehensive land use planning framework for counties and cities in Washington.  Originally enacted in 1990 and 1991, the GMA establishes land use designation and environmental protection requirements for all Washington counties and cities.  The GMA also establishes a significantly wider array of planning duties for 28 counties, and the cities within those counties, that are obligated to satisfy all planning requirements of the GMA.  

 

The comprehensive plan for each county that is required to complete planning activities must include a process for identifying and siting essential public facilities.  Siting is the process of finding a place to build.  Essential public facilities include those facilities that are typically difficult to site, such as:

  • airports;
  • state education facilities and state or regional transportation facilities;
  • regional transit authority facilities;
  • state and local correctional facilities;
  • solid waste handling facilities; and
  • inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities.

 

All cities and counties, whether required to complete planning activities or not, must establish a process for siting secure community transition facilities.

 

The Office of Financial Management is required to maintain a list of those essential state public facilities that are required or likely to be built within the next six years.  

 

No local comprehensive plan or development regulation may preclude the siting of essential public facilities.
Summary of Engrossed Substitute Bill:

Disposition of Untried Complaint Against an Incarcerated Person.

Persons serving a term of imprisonment in a juvenile rehabilitation institution are included in the requirement to bring an untried indictment, information, or complaint against the person to trial within 120 days after the person delivers to the prosecutor and the superior court written notice of the person's place of imprisonment and a request for a final disposition.  

 

The following time periods are excluded from the 120-day calculation described above:

  • arraignment, pretrial proceedings, trial, and sentencing on an unrelated charge in a different county than the court where the charge is pending;
  • proceedings related to competency to stand trial on the pending charge; and
  • time during which the person is detained in a federal jail or prison and subject to conditions of release not imposed by Washington State.

 

The superintendent that provides a certificate required for a person requesting a final disposition for an untried indictment, information, or complaint is required to inform any prosecutor or court requesting transportation of the person of the person's current location and availability for trial.  If the person is unavailable for transportation due to court proceedings in another county, the superintendent must inform the prosecuting attorney or court when the person becomes available for transportation and provide a new certificate.

 

Siting of Essential Public Facilities.

Community facilities, the group care facilities operated for the care of juveniles committed to the Department of Children, Youth, and Families (DCYF), are included within the definition of "essential public facilities" for purposes of siting.  

 

New community residential facilities may not be sited in Eastern Washington unless there is an equal or greater number of sited community residential facilities in Western Washington.

 

Health Coverage for Individuals Releasing from a Department of Children, Youth, and Families Facility.

At least 30 days before release from a residential facility, the DCYF  is require to send written notice of the planned release to the person's health care insurance provider.  The notice must include the person's current location and contact information as well as the person's expected location and contact information upon release.  

 

If the person is not enrolled in a health insurance program, the DCYF and the Health Care Authority must assist the person in obtaining coverage that they are eligible for at least 30 days before release.
Appropriation: None.
Fiscal Note: Available.  New fiscal note requested on March 11, 2021.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.