AN ACT Relating to state government; amending RCW 10.98.120, 10.98.130, 10.98.140, 10.98.110, 10.98.160, 13.04.116, 19.27.060, 70.48.020, 70.48.035, 70.48.050, 70.48.060, 70.48.070, 70.48.080, 70.48.090, 70.48.110, 70.48.160, 70.48.200, 70.48.260, 70.48.280, 70.48.330, 70.48.440, 70.48A.040, 72.09.160, and 72.09.170; adding a new section to chapter 43.88 RCW; adding new sections to chapter 72.09 RCW; creating new sections; repealing RCW 72.09.140, 72.09.150, and 72.09.180; declaring an emergency; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.88 RCW to read as follows:

All powers, duties, and functions of the corrections standards board pertaining to data reporting and information collection are transferred to the office of financial management. All references to the director or the corrections standards board in the Revised Code of Washington shall be construed to mean the director or the office of financial management when referring to the functions transferred in this section.

NEW SECTION. Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

Except as provided in RCW 13.04.116, all powers, duties, and functions of the correction standards board pertaining to detention or correctional facilities, whether juvenile or adult, local or state, are transferred to the department of corrections. All references to the director or the corrections standards board in the Revised Code of Washington shall be construed to mean the secretary or the department of corrections when referring to the functions transferred in this section.

NEW SECTION. Sec. 3. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the corrections standards board pertaining to the powers, functions, and duties transferred by section 1 of this act shall be delivered to the custody of the office of financial management. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the corrections standards board in carrying out the powers, functions, and duties transferred by section 1 of this act shall be made available to the office of financial management. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 1 of this act shall be assigned to the office of financial management.

All reports, documents, surveys, books, records, files, papers, or written material in the possession of the corrections standards board pertaining to the powers, functions, and duties transferred by section 2 of this act shall be delivered to the custody of the department of corrections. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the corrections standards board in carrying out the powers, functions, and duties transferred by section 2 of this act shall be made available to the department of corrections. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 2 of this act shall be assigned to the department of corrections.

Any appropriations made to the corrections standards board for carrying out the powers, functions, and duties transferred by section 1 of this act shall, on the effective date of this section, be transferred and credited to the office of financial management.

Any appropriations made to the corrections standards board for carrying out the powers, functions, and duties transferred by section 2 of this act shall, on the effective date of this section, be transferred and credited to the department of corrections.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 4. All employees of the corrections standards board engaged in performing the powers, functions, and duties transferred by section 1 of this act are transferred to the jurisdiction of the office of financial management. All such employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of financial management to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

All employees of the corrections standards board engaged in performing the powers, functions, and duties transferred by section 2 of this act are transferred to the jurisdiction of the department of corrections. All such employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of corrections to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 5. All rules and all pending business before the corrections standards board pertaining to the powers, functions, and duties transferred by section 1 of this act shall be continued and acted upon by the office of financial management. All existing contracts and obligations pertaining to the powers, functions, and duties transferred by section 1 of this act shall remain in full force and shall be performed by the office of financial management.

All rules and all pending business before the correction standards board pertaining to the powers, functions, and duties transferred by section 2 of this act shall be continued and acted upon by the department of corrections. All existing contracts and obligations pertaining to the powers, functions, and duties transferred by section 2 of this act shall remain in full force and shall be performed by the department of corrections.

NEW SECTION. Sec. 6. The transfer of the powers, duties, functions, and personnel of the corrections standards board shall not affect the validity of any act performed before the effective date of this section.

NEW SECTION. Sec. 7. If apportionments of budgeted funds are required because of the transfers directed by sections 3 through 6 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 8. Nothing contained in sections 1 through 7 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 9. Section 11, chapter 17, Laws of 1984 and RCW 10.98.110 are each amended to read as follows:

(1) The department shall maintain records to track felony cases following convictions in Washington state and felony cases under the jurisdiction of Washington state pursuant to interstate compact agreements.

(2) Tracking shall begin at the time the department receives a disposition form from a prosecuting attorney and shall include the collection and updating of felons' criminal records from conviction through completion of sentence.

(3) The department of corrections shall collect information for tracking felons from its offices and from information provided by county clerks, the Washington state patrol identification and criminal history section, the ((~~corrections standards board~~)) office of financial management, and any other public or private agency that provides services to help individuals complete their felony sentences.

Sec. 10. Section 12, chapter 17, Laws of 1984 and RCW 10.98.120 are each amended to read as follows:

The ((~~corrections standards board~~)) office of financial management shall establish plans and procedures for prompt reporting by local jails to the ((~~corrections standards board~~)) office of financial management of the admission and release of all individuals. The plans and procedures for local jails reporting to the previous corrections standards board shall be completed by June 30, 1985.

Sec. 11. Section 13, chapter 17, Laws of 1984 and RCW 10.98.130 are each amended to read as follows:

Local jails shall report to the ((~~corrections standards board~~)) office of financial management and ((~~the corrections standards board~~)) that office shall transmit to the department the information on all persons convicted of felonies or incarcerated for noncompliance with a felony sentence who are admitted or released from the jails and shall promptly respond to requests of the department for such data. Information transmitted shall include but not be limited to the state identification number, whether the reason for admission to jail was a felony conviction or noncompliance with a felony sentence, and the dates of the admission and release.

Sec. 12. Section 14, chapter 17, Laws of 1984 as amended by section 6, chapter 201, Laws of 1985 and RCW 10.98.140 are each amended to read as follows:

(1) The section, the department, and the ((~~corrections standards board~~)) office of financial management shall be the primary sources of information for criminal justice forecasting. The information maintained by these agencies shall be complete, accurate, and sufficiently timely to support state criminal justice forecasting.

(2) The office of financial management shall be the official state agency for the sentenced felon jail forecast. This forecast shall provide at least a six-year projection and shall be published by December 1 of every even-numbered year beginning with 1986. The office of financial management shall seek advice regarding the assumptions in the forecast from criminal justice agencies and associations.

(3) The sentencing guidelines commission shall keep records on all sentencings above or below the standard range defined by chapter 9.94A RCW. As a minimum, the records shall include the name of the offender, the crimes for which the offender was sentenced, the name and county of the sentencing judge, and the deviation from the standard range. Such records shall be made available to public officials upon request.

Sec. 13. Section 16, chapter 17, Laws of 1984 and RCW 10.98.160 are each amended to read as follows:

In the development and modification of the procedures, definitions, and reporting capabilities of the section, the department, ((~~and~~)) the ((~~corrections standards board~~)) office of financial management, and the responsible agencies and persons shall consider the needs of other criminal justice agencies such as the administrator for the courts, local law enforcement agencies, jailers, the sentencing guidelines commission, the board of prison terms and paroles, the clemency board, prosecuting attorneys, and affected state agencies such as the office of financial management and legislative committees dealing with criminal justice issues. An executive committee appointed by the heads of the department, the Washington state patrol, ((~~the corrections standards board,~~)) and the office of financial management shall review and provide recommendations for development and modification of the section, the department, and the ((~~corrections standards board's~~)) office of financial management's felony criminal information systems.

Sec. 14. Section 1, chapter 50, Laws of 1985 and RCW 13.04.116 are each amended to read as follows:

(1) A juvenile shall not be confined in a jail or holding facility for adults, except:

(a) For a period not exceeding twenty-four hours excluding weekends and holidays and only for the purpose of an initial court appearance in a county where no juvenile detention facility is available, a juvenile may be held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates; or

(b) For not more than six hours and pursuant to a lawful detention in the course of an investigation, a juvenile may be held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates.

(2) For purposes of this section a juvenile is an individual under the chronological age of eighteen years who has not been transferred previously to adult courts.

(3) The ((~~corrections standards board, in exercise of the powers of the state jail commission,~~)) department of social and health services shall monitor and enforce compliance with this section.

(4) This section shall not be construed to expand or limit the authority to lawfully detain juveniles.

Sec. 15. Section 6, chapter 96, Laws of 1974 ex. sess. as last amended by section 15, chapter 118, Laws of 1986 and RCW 19.27.060 are each amended to read as follows:

(1) The governing bodies of counties and cities may amend the codes enumerated in RCW 19.27.031 as they apply within their respective jurisdictions, but the amendments shall not result in a code that is less than the minimum performance standards and objectives contained in the state building code. No amendment to a code enumerated in RCW 19.27.031 that affects single family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b). Any county or city amendment to a code enumerated in RCW 19.27.031 which is approved under RCW 19.27.074(1)(b) shall continue to be effective after any action is taken under RCW 19.27.074(1)(a) without necessity of reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any action is taken under RCW 19.27.074(1)(a) because such action in any way altered the impact of the amendment.

(2) Except as permitted or provided otherwise under this section, the state building code shall be applicable to all buildings and structures including those owned by the state or by any governmental subdivision or unit of local government.

(3) The governing body of each county or city may limit the application of any portion of the state building code to exclude specified classes or types of buildings or structures according to use other than single family or multifamily residential buildings: PROVIDED, That in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of the uniform fire code.

(4) The provisions of this chapter shall not apply to any building four or more stories high with a B occupancy as defined by the uniform building code, 1982 edition, and with a city fire insurance rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization.

(5) No provision of the uniform fire code concerning roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a county or city to adopt street, road, or access standards.

(6) The provisions of the state building code are preempted by any physical standards adopted by the department of corrections ((~~standards board~~)) under RCW 70.48.050 when the code provisions relating to the installation or use of sprinklers in the cells conflict with the standards and the secure and humane operation of jails.

Sec. 16. Section 2, chapter 316, Laws of 1977 ex. sess. as last amended by section 1, chapter 118, Laws of 1986 and RCW 70.48.020 are each 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) "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.

(2) "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.

(3) "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.

(4) "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.

(5) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.

(6) "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.

(7) ((~~"Board" means the state corrections standards board~~)) "Department" means the department of corrections.

(8) "Substantially remodeled" means significant alterations made to the physical plant of a jail to conform with the physical plant standards.

(9) "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.

(10) "Mandatory custodial care standards" means those minimum standards, rules, or regulations that are adopted pursuant to RCW 70.48.050(1)(a) and 70.48.070(1) for jails to meet federal and state constitutional requirements relating to the health, safety, security, and welfare of inmates.

(11) "Advisory custodial care standards" means custodial care standards recommended by the ((~~board which~~)) department that are not mandatory.

(12) "Physical plant standards" and "physical plant requirements" mean those minimum standards, rules, or regulations that are prescribed by the ((~~board~~)) department that relate to structural specifications of the physical plant, including but not limited to size of cells and rooms within a jail, design of facilities, and specifications for fixtures and other equipment.

(13) "Jail inspector" means a person with at least five years in a supervisory position as a law enforcement or custodial corrections officer.

(14) "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.

(15) "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.

(16) "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.

Sec. 17. Section 24, chapter 136, Laws of 1981 and RCW 70.48.035 are each amended to read as follows:

Commencing July 1, ((~~1983~~)) 1987, the ((~~state~~)) department of corrections ((~~standards board~~)) shall replace the state ((~~jails commission~~)) corrections board as the agency responsible for the administration of this chapter.

Sec. 18. Section 5, chapter 316, Laws of 1977 ex. sess. as last amended by section 2, chapter 118, Laws of 1986 and RCW 70.48.050 are each amended to read as follows:

In addition to any other powers and duties contained in this chapter, the ((~~board shall have~~)) department has the powers and duties:

(1) To adopt such rules and regulations, after approval by the legislature, pursuant to chapter 34.04 RCW, as it deems necessary and consistent with the purposes and intent of this chapter on the following subjects:

(a) Mandatory custodial care standards that are essential for the health, welfare, and security of persons confined in jails. In adopting each rule or regulation pertaining to mandatory custodial care standards, the ((~~board~~)) department shall cite the applicable case law, statutory law, or constitutional provision which requires such rule or regulation. The ((~~board~~)) department shall grant variances from custodial care standards to governing units which operate jails with physical deficiencies which directly affect their ability to comply with these standards, if the governing unit is eligible for and has applied for funds under RCW 70.48.110. The variances remain in effect until state funding to improve or reconstruct the jails of these governing units has been expended for that purpose;

(b) Advisory custodial care standards;

(c) The classification and uses of holding, detention, and correctional facilities. Except for the housing of work releasees in accordance with ((~~board~~)) department rules, a person may not be held in a holding facility longer than seventy-two hours, exclusive of weekends and holidays, without being transferred to a detention or correctional facility unless the court having jurisdiction over the individual authorizes a longer holding, but in no instance shall the holding exceed thirty days;

(d) The content of jail records which shall be maintained by the department of corrections or the chief law enforcement officer of the governing unit. In addition the governing unit, chief law enforcement officer, or department of corrections may require such additional records as they deem proper; and

(e) The segregation of persons and classes of persons confined in holding, detention, and correctional facilities;

(2) To investigate, develop, and encourage alternative and innovative methods in all phases of jail operation;

(3) To make comments, reports, and recommendations concerning all phases of jail operation including those not specifically described in this chapter;

(4) To hire necessary staff, acquire office space, supplies, and equipment, and make such other expenditures as may be deemed necessary to carry out its duties;

(5) To adopt minimum physical plant standards pursuant to chapter 34.04 RCW for jails. The ((~~board~~)) department may preempt any provisions of the state building code under chapter 19.27 RCW and any local ordinances that apply to jails or a particular jail if the provisions relate to the installation or use of sprinklers in the cells and the board finds that compliance with the provisions would conflict with the secure and humane operation of jails or the particular jail;

(6) To cause all jails to be inspected at least annually by designated jail inspectors and to issue a certificate of compliance to each facility which is found to satisfactorily meet the requirements of this chapter and the rules, regulations, and standards adopted hereunder: PROVIDED, That certificates of partial compliance may be issued where applicable. The inspectors shall have access to all portions of jails, to all prisoners confined therein, and to all records maintained by said jails; and

(7) To establish advisory guidelines and model ordinances to assist governing units in establishing the agreements necessary for the joint operation of jails and for the determination of the rates of allowance for the daily costs of holding a prisoner pursuant to the provisions of RCW 70.48.080(6).

Sec. 19. Section 6, chapter 316, Laws of 1977 ex. sess. as last amended by section 3, chapter 118, Laws of 1986 and RCW 70.48.060 are each amended to read as follows:

(1) Any funds allocated to a governing unit for jail construction or renovation pursuant to this chapter shall constitute full funding of the cost of implementing the physical plant standards within the meaning of RCW 70.48.070(2). Jail construction or renovation represents the full extent of the state's financial commitment with regard to jails. Local governing units are responsible for funding all costs of operating jails.

(2) As a condition of eligibility for such financial assistance as may be provided by or through the state of Washington exclusively for the construction and/or modernization of jails, all jail construction and/or substantial remodeling projects shall be submitted by the governing unit to the ((~~board~~)) department, which shall review all submitted projects in accordance with rules to be adopted by the ((~~board~~)) department and shall approve or reject each project for purposes of state funding. The ((~~board~~)) department shall allocate available funding to the projects approved for funding in accordance with moneys actually available and the priorities established by the ((~~board~~)) department under this section.

(3) The rules to be adopted by the ((~~board~~)) department for purposes of approving or denying requests for state funds for jail construction or remodeling shall:

(i) Limit state funding to the minimum amount required to fully implement the physical plant standards;

(ii) Encourage the voluntary consolidation of jail facilities and programs of contiguous governing units where feasible: PROVIDED, That such consolidation is approved by all participating governing units: PROVIDED FURTHER, That the ((~~board~~)) department may fund the minimum cost of approved remodeling of an existing county jail facility to be operated as a holding facility in the future when that county is a party to a multi-county consolidation agreement which meets the requirements of RCW 70.48.090, the cost of such holding facility remodeling project(s) and of the consolidated correctional facility project does not exceed the established maximum budgets for current detention and/or correctional facility projects of those governing units, and approval of such a revised concept maximizes the beds to be provided while maintaining or reducing the construction costs;

(iii) Insure that each governing unit or consolidation of governing units applying for state funds under this chapter has submitted a plan which demonstrates that pretrial and posttrial alternatives to incarceration are being considered within the governmental unit;

(iv) Establish criteria and procedures for setting priorities among the projects approved for state funding for purposes of allocating state funds actually available; and

(v) Establish procedures for the submission, review, and approval or denial of projects submitted and appeals from adverse determinations, including time periods applicable thereto.

(4) The ((~~board~~)) department shall review all submitted projects with the office of financial management, and the office of financial management shall provide technical assistance to the ((~~board~~)) department for purposes of insuring the accuracy of statistical information to be used by the ((~~board~~)) department in determining projects to be funded.

(5) The ((~~board~~)) department shall oversee approved construction and remodeling to the extent necessary to assure compliance with the standards adopted and approved pursuant to RCW 70.48.050(5).

(6) The ((~~board~~)) department shall develop estimates of the costs of the capital construction grants for each biennium required under the provisions of this chapter. The estimates shall be submitted to the office of financial management consistent with the provisions of chapter 43.88 RCW, and the office of financial management shall review and approve or disapprove within thirty days.

(7) The ((~~board~~)) department and the office of financial management shall jointly report to the legislature on or before the convening of a regular session as to the projects approved for funding, construction status of such projects, funds expended and encumbered to date, and updated population and incarceration statistics.

(((8) The board shall examine, and by December 1, 1980, present to the legislature recommendations relating to detention and correctional services, including the formulation of the role of state and local governing units regarding detention and correctional facilities.))

Sec. 20. Section 7, chapter 316, Laws of 1977 ex. sess. as last amended by section 4, chapter 118, Laws of 1986 and RCW 70.48.070 are each amended to read as follows:

All jails shall be constructed, operated, and maintained in compliance with the provisions and intent of this chapter and the rules, regulations, and standards adopted thereunder: PROVIDED, That, as limited by this section, compliance with such rules, regulations, and standards shall be pursuant to the time schedules set by the ((~~board~~)) department for classes of facilities:

(1) The mandatory custodial care standards that are essential for the health, welfare, and security of persons confined, which are adopted pursuant to RCW 70.48.050(1)(a), shall be proposed to the legislature no later than December 31, 1978;

(2) The physical plant standards which are adopted and approved pursuant to RCW 70.48.050(5) shall not be mandatory unless, pursuant to the provisions of RCW 70.48.110, the state fully funds the cost of implementing such standards for detention and correctional facilities: PROVIDED, That, such funds shall be subject to appropriation: PROVIDED FURTHER, That after such funds are made available, local jurisdictions shall have a period of time before such standards are mandatory that is adequate to effect any needed construction or repairs: PROVIDED FURTHER, That those provisions of RCW 70.48.060 and 70.48.110 requiring approval prior to funding and commencement of construction or remodeling shall not apply to prevent the funding of jails of governing units which have appropriated funds for substantial remodeling or construction of jails after February 16, 1974, and before June 23, 1977. Approval in such cases may be given retroactively: PROVIDED FURTHER, That the ((~~board~~)) department may grant variances from the physical plant standards consistent with the intent of this chapter, and such standards shall otherwise be mandatory for purposes of this section and RCW 70.48.080, and jail facilities approved by the ((~~board shall be~~)) department are deemed to comply with the physical plant standards;

(3) The mandatory custodial care standards and physical plant standards as submitted to the legislature on December 20, 1978, are hereby approved and shall take effect after adoption. Mandatory custodial care standards shall be complied with no later than October 1, 1979;

(4) Modifications of the standards or additional standards may be adopted by the ((~~board~~)) department pursuant to chapter 34.04 RCW.

Sec. 21. Section 8, chapter 316, Laws of 1977 ex. sess. as amended by section 5, chapter 118, Laws of 1986 and RCW 70.48.080 are each amended to read as follows:

All jails which do not meet the appropriate mandatory custodial care standards and physical plant standards may be required to be closed, entirely or in part, until such requirements are met, pursuant to the following procedures:

(1) In the event the ((~~board~~)) department finds a jail does not comply with the appropriate mandatory custodial care and/or physical plant standards, notice shall be given to the governing unit which shall be either a notice of noncompliance, a notice of conditional compliance for the continued operation of the jail under such restrictions as the ((~~board~~)) department determines to be appropriate, or a notice of full or partial closure.

(2) Such notices shall specify the manner in which the jail does not comply with the standards. In issuing such notices consideration shall be given to the magnitude and seriousness of the deficiencies and their potential effect on the health and safety of jail inmates, the cost of correction, and other information deemed relevant by the ((~~board~~)) department.

(3) (a) If the ((~~board~~)) department issues a notice of noncompliance, it shall specify in the notice the time limits within which the standards are to be met.

(b) If the ((~~board~~)) department determines that there will be compliance with the standards provided that certain conditions or restrictions which the ((~~board~~)) department determines to be appropriate are applied, the ((~~board~~)) department may issue a notice of conditional compliance setting out the conditions and restrictions which the ((~~board~~)) department determines to be appropriate. A certificate of conditional compliance may be issued thereon.

(c) In those cases where the nature and extent of the deficiencies are such that a notice of immediate full or partial closure is deemed necessary by the ((~~board~~)) department in order to preserve the health and safety of persons in the jail, a notice of immediate full or partial closure may be issued by the ((~~board~~)) department.

(4) Within thirty days after the date of receipt of a notice of noncompliance, a notice of conditional compliance, or a notice of full or partial closure, the appropriate governing unit may request a review thereof by the ((~~board~~)) department which review shall be heard not more than forty-five days following such request unless such period is extended not more than another forty-five days by order of the ((~~board~~)) department. All reviews conducted under this section shall be deemed to be "contested cases" within the meaning of chapter 34.04 RCW.

The ((~~board~~)) department shall hear and decide the review, and the decision of the ((~~board~~)) department may be appealed to the superior court as provided in chapter 34.04 RCW.

(5) If a notice of full or partial closure is issued and upheld, or if a notice of conditional compliance is issued and the conditions or restrictions are not complied with, or if a notice of noncompliance is issued and upheld and compliance is not satisfactorily accomplished within the time prescribed in the notice, the attorney general, upon request and on behalf of the ((~~board~~)) department, shall apply to the superior court of the county in which the jail is located for an order of closure of all or part of the jail, and the court shall have authority to issue such order of closure or prescribe other appropriate relief.

(6) In the event an order of closure is issued by the superior court, all confined persons in custody in the jail or portions thereof ordered closed shall be transferred, provided sufficient space is available, to a suitable, available jail, and the transferring governing unit shall pay for the costs of board, room, program, and administration of such transferred persons, pursuant to the rate for such costs established by the governing unit accepting such confined persons. If a transferring governing unit disputes the rates established by the governing unit accepting, the ((~~board~~)) department shall set the rates.

Sec. 22. Section 9, chapter 316, Laws of 1977 ex. sess. as last amended by section 6, chapter 118, Laws of 1986 and RCW 70.48.090 are each amended to read as follows:

(1) Contracts for jail services may be made between a county and city located within the boundaries of a county, and among counties. The contracts shall: Be in writing, give one governing unit the responsibility for the operation of the jails, specify the responsibilities of each governing unit involved, and include the applicable charges for custody of the prisoners as well as the basis for adjustments in the charges. The contracts may be terminated only by ninety days written notice to the governing units involved and to the ((~~board~~)) department. The notice shall state the grounds for termination and the specific plans for accommodating the affected jail population.

(2) The contract authorized in subsection (1) of this section shall be for a minimum term of ten years when state funds are provided to construct or remodel a jail in one governing unit that will be used to house prisoners of other governing units. The contract may not be terminated prior to the end of the term without the board's approval. If the contract is terminated, or upon the expiration and nonrenewal of the contract, the governing unit whose jail facility was built or remodeled to hold the prisoners of other governing units shall pay to the state treasurer the amount set by the ((~~board~~)) department when it authorized disbursal of state funds for the remodeling or construction under RCW 70.48.120. This amount shall be deposited in the local jail improvement and construction account and shall fairly represent the construction costs incurred in order to house prisoners from other governing units. The ((~~board~~)) department may pay the funds to the governing units which had previously contracted for jail services under rules which the ((~~board~~)) department may adopt. The acceptance of state funds for constructing or remodeling consolidated jail facilities constitutes agreement to the proportionate amounts set by the ((~~board~~)) department. Notice of the proportionate amounts shall be given to all governing units involved.

(3) A city or county primarily responsible for the operation of a jail or jails may create a department of corrections to be in charge of such jail and of all persons confined therein by law, subject to the authority of the governing unit. If such department is created, it shall have charge of jails and persons confined therein. If no such department of corrections is created, the chief law enforcement officer of the city or county primarily responsible for the operation of said jail shall have charge of the jail and of all persons confined therein. A department of corrections or the chief law enforcement officer shall operate a jail in conformance with the rules and regulations adopted by the board and any rules, regulations, or ordinances adopted by the governing unit.

Sec. 23. Section 11, chapter 316, Laws of 1977 ex. sess. as amended by section 7, chapter 118, Laws of 1986 and RCW 70.48.110 are each amended to read as follows:

Upon obtaining approval for the substantial remodeling or construction of a jail pursuant to RCW 70.48.060 and biennial appropriation of the legislature, a governing unit shall receive full funding from the state for the costs of the necessary new construction or improvements to or remodeling of existing detention or correctional facilities necessary to comply with the standards established pursuant to this chapter. The ((~~board~~)) department shall biennially establish for each application the level of costs necessary to comply with the physical plant standards and shall authorize payment by the state treasurer of the designated amount from the local jail improvement and construction account created in RCW 70.48.120 to the eligible governing unit in accordance with procedures established by the ((~~board~~)) department.

Sec. 24. Section 16, chapter 316, Laws of 1977 ex. sess. as last amended by section 10, chapter 118, Laws of 1986 and RCW 70.48.160 are each amended to read as follows:

Having received approval pursuant to RCW 70.48.060, a governing unit shall not be eligible for further funding for physical plant standards for a period of ten years from the date of the completion of the approved project. A jail shall not be closed for noncompliance to physical plant standards within this same ten-year period. This section does not apply if:

(1) The ((~~board or its successor~~)) department elects to fund phased components of a jail project for which a governing unit has applied. In that instance, initially funded components do not constitute full funding within the meaning of RCW 70.48.060(1) and 70.48.070(2) and the ((~~board~~)) department may fund subsequent phases of the jail project;

(2) There is destruction of the facility because of an act of God or the result of a negligent and/or criminal act.

Sec. 25. Section 10, chapter 232, Laws of 1979 ex. sess. as amended by section 11, chapter 118, Laws of 1986 and RCW 70.48.200 are each amended to read as follows:

(1) In determining the capacity of a planned jail facility for purposes of funding under this chapter, the ((~~board~~)) department shall consider all relevant information, including data supplied to the ((~~board~~)) department by the office of financial management with regard to the governing unit's population projections, current incarceration rates as applied to population projections by age group, and peaking factors not to exceed 1.29 standard deviations above the mean average daily population.

(2) The number of square feet allowed per bed shall generally be consistent for facilities of similar size and classification within either major urban, medium urban, or rural counties.

(3) Funds shall be allocated to governing units based on authorized beds and square feet as determined by the ((~~board~~)) department under this chapter and the rules adopted pursuant thereto.

(4) Total dollars allocated to a governing unit for new construction or renovation shall be the lesser of the amount specified in an accepted bid, the amount computed in subsection (3) of this section, or the budget request submitted to the ((~~board~~)) department by the governing unit.

(5) If a governing unit determines the assumptions specified in subsection (1) of this section are to be exceeded, then the funding responsibility in excess of amount determined by the ((~~board~~)) department will be that of the governing unit.

(6) The office of financial management shall assist governing units in obtaining whatever federal grants and aid might be available for jail construction and renovation. The amount of such grants or aid which might be obtained shall be deducted from the moneys which would otherwise be granted to the governing units from the funds from the sale of bonds authorized by RCW 70.48.260.

(7) Jails which are constructed and/or renovated with funds provided pursuant to this chapter shall not be considered state buildings for the purposes of RCW 43.17.200.

Sec. 26. Section 2, chapter 232, Laws of 1979 ex. sess. as last amended by section 12, chapter 118, Laws of 1986 and RCW 70.48.260 are each amended to read as follows:

For the purpose of providing funds for the planning, acquisition, construction, and improvement of jail buildings and necessary supporting facilities within the state, and the ((~~board's~~)) department's operational costs related to the review of physical plant funding applications, award of grants, and construction monitoring, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one hundred six million dollars, or so much thereof as may be required, to finance the improvements defined in this chapter and all costs incidental thereto but not including acquisition or preparation of sites. These bonds shall be paid and discharged within thirty years. No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation of the proceeds of the bonds to be sold.

Sec. 27. Section 4, chapter 232, Laws of 1979 ex. sess. as amended by section 13, chapter 118, Laws of 1986 and RCW 70.48.280 are each amended to read as follows:

The proceeds from the sale of the bonds deposited in the local jail improvement and construction account of the general fund under the terms of this chapter shall be administered by the ((~~board~~)) department subject to legislative appropriation.

Sec. 28. Section 5, chapter 276, Laws of 1981 as amended by section 14, chapter 118, Laws of 1986 and RCW 70.48.330 are each amended to read as follows:

All cities or counties which accept funding for jail remodeling or new construction under this chapter shall certify to the ((~~board~~)) department that the facility to be built shall, upon opening, meet all mandatory custodial care standards adopted by the board under RCW 70.48.050. The ((~~board~~)) department shall not make funding under this chapter contingent on compliance of the existing jail facility with standards adopted under RCW 70.48.050.

Sec. 29. Section 5, chapter 235, Laws of 1984 and RCW 70.48.440 are each amended to read as follows:

The office of financial management shall establish a uniform equitable rate for reimbursing cities and counties for the care of sentenced felons who are the financial responsibility of the department of corrections and are detained or incarcerated in a city or county jail.

Until June 30, 1985, the rate for the care of sentenced felons who are the financial responsibility of the department of corrections shall be ten dollars per day. Cost of extraordinary emergency medical care incurred by prisoners who are the financial responsibility of the department of corrections under this chapter shall be reimbursed. The department of corrections shall be advised as far in advance as practicable by competent medical authority of the nature and course of treatment required to ensure the most efficient use of state resources to address the medical needs of the offender. In the event emergency medical care is needed, the department of corrections shall be advised as soon as practicable after the offender is treated.

Prior to June 30, ((~~1985~~)) 1988, the office of financial management shall meet with the department of corrections ((~~standards board~~)) to establish criteria to determine equitable rates regarding variable costs for sentenced felons who are the financial responsibility of the department of corrections ((~~after June 30, 1985~~)). The office of financial management shall re-establish these rates each even-numbered year beginning in ((~~1986~~)) 1990.

Sec. 30. Section 4, chapter 131, Laws of 1981 as amended by section 17, chapter 118, Laws of 1986 and RCW 70.48A.040 are each amended to read as follows:

The proceeds from the sale of the bonds deposited in the local jail improvement and construction account in the general fund under the terms of RCW 70.48A.010 through 70.48A.080 shall be administered by the department of corrections ((~~standards board~~)) subject to legislative appropriation.

NEW SECTION. Sec. 31. A new section is added to chapter 72.09 RCW to read as follows:

As used in this chapter "department" means the department of corrections and "secretary" means the secretary of the department.

Sec. 32. Section 19, chapter 136, Laws of 1981 and RCW 72.09.160 are each amended to read as follows:

The ((~~board~~)) department shall have the following responsibilities with respect to the ((~~department~~)) establishment of corrections standards:

(1) Within two years of July 1, 1981, it shall recommend such advisory standards to the legislature((,)) and the governor((~~, and the department~~)) as it determines are necessary to: (a) Meet federal and state constitutional requirements relating to health, safety, security, and welfare of inmates and staff or specific state or federal statutory requirements; and (b) provide for the public's health, safety, and welfare. In carrying out this responsibility, the ((~~board~~)) department shall consider the standards of the United States department of justice and the accreditation commission on corrections of the American corrections association and any other appropriate standards or proposals ((~~it finds appropriate~~)). Whenever possible, these standards should discourage duplication of services by the state and local governments.

(2) The standards recommended by the ((~~board shall be~~)) department are advisory only and may not be enforced ((~~by the board. The board shall review and make recommendations regarding any standards which are proposed by the secretary~~)).

(3) Each year ((~~commencing in 1983,~~)) the ((~~board~~)) department shall issue a report to the governor((,)) and the legislature ((~~and the department which~~)) that shall contain: (a) All recommended standards which are proposed ((~~either~~)) by the ((~~board or the secretary~~)) department, and the reasons for any variance therefrom with respect to adopted standards; and (b) a report on the variance (i) between its recommended standards and the standards currently adopted by the ((~~secretary~~)) department; (ii) between its recommended standards and the performance of the department; and (iii) between the standards adopted by the secretary and the performance of the department.

(4) The ((~~board~~)) secretary shall review the development and functioning of the department's grievance procedures. The ((~~board and the~~)) secretary shall ((~~jointly~~)) visit and inspect at least once ((a)) every two years each state corrections institution. For institutions of less than one hundred fifty, the ((~~board~~)) secretary may appoint ((~~one or more of its members~~)) an employee of the department to carry out this duty.

(5) The ((~~board~~)) department may recommend advisory standards for the location, construction, and operation of all state correctional facilities and programs.

(6) The ((~~board~~)) department may recommend to the governor((,)) and the legislature((~~, and the secretary~~)) the expenditure of public funds in a manner which recognizes and advances the ((~~board's~~)) department's or the secretary's proposed standards.

(7) The ((~~board~~)) department shall appoint ((~~an executive secretary~~)) a special assistant to assist it in carrying out its functions under this chapter. As authorized by the ((~~board~~)) department, the ((~~executive secretary~~)) special assistant shall hire and supervise necessary staff to assist the ((~~board~~)) department in carrying out its duties. The secretary may provide any technical assistance or support which the ((~~board~~)) department may request from time to time.

Sec. 33. Section 20, chapter 136, Laws of 1981 and RCW 72.09.170 are each amended to read as follows:

In respect to local government facilities and programs, the ((~~corrections standards board~~)) department, commencing July 1, ((~~1983~~)) 1987, shall exercise the powers and duties of the ((~~state jail commission~~)) corrections standards board: PROVIDED, That the authority for adoption of mandatory custodial care standards as provided in RCW 70.48.050(1)(a) and enforcement of such standards pursuant to RCW 70.48.070 and 70.48.080 is vested in ((a five member committee of the board, three of whom shall be the county, city, or town representatives on the board, and two of whom shall be appointed by the board chairman. The board shall provide this committee with such staff and support as is appropriate for the committee's performance of its powers and duties)) the secretary.

NEW SECTION. Sec. 34. The following acts of parts of acts are each repealed:

(1) Section 18, chapter 136, Laws of 1981 and RCW 72.09.140;

(2) Section 21, chapter 136, Laws of 1981, section 107, chapter 287, Laws of 1984 and RCW 72.09.150; and

(3) Section 22, chapter 136, Laws of 1981 and RCW 72.09.180.

NEW SECTION. Sec. 35. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987.