AN ACT Relating to the corrections standards board; and amending RCW 72.09.160, 72.09.150, 72.09.170, and 72.09.180.

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

Sec. 1. Section 19, chapter 136, Laws of 1981 and RCW 72.09.160 are each amended to read as follows:

The board shall have the following responsibilities with respect to the department of corrections:

(1) Within two years of July 1, 1981, it shall recommend such advisory standards to the legislature, 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 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 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 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~~)) On or before July 1, 1988, the board shall issue a report to the governor, the legislature and the department which shall contain: (a) All recommended standards which are proposed either by the board or the secretary, 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 adopted by the secretary; (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. This report shall be issued by July 1 of each even-numbered year after 1988.

(4) The board 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 year~~)) every two years each state corrections institution. For institutions of less than one hundred fifty, the board may appoint one or more of its members to carry out this duty.

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

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

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

Sec. 2. Section 21, chapter 136, Laws of 1981 as amended by section 107, chapter 287, Laws of 1984 and RCW 72.09.150 are each amended to read as follows:

(1) The corrections standards board shall consist of ((~~nine~~)) eleven voting members appointed by the governor with the consent of the senate. The secretary of corrections shall serve as an ex officio member without a vote. In addition, the speaker of the house of representatives and the president of the senate shall each appoint two nonvoting members, one from each of the two largest caucuses in their respective houses.

(2) The voting members shall serve four-year staggered terms. No member may serve more than two consecutive terms. ((~~Of the voting members, initially one-third shall be appointed for two-year terms, one-third for three-year terms, and one-third for four-year terms.~~)) The legislative members shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

(3) The voting membership of the board shall be divided so that ((~~two-thirds~~)) seven of the members reside west of the Cascade mountains and ((~~one-third~~)) four reside east of the Cascade mountains. ((~~One-third~~)) Five of the members shall be elected county, city, or town officials, ((~~one-third~~)) two of whom shall be either a county commissioner or, in the case of a home rule county, a county council member or executive. Three members shall be elected or appointed state officials or their designees, and ((~~one-third~~)) three shall be private citizens. ((In 1983, the members appointed to take the positions of the persons previously appointed to the two-year terms provided under subsection (2) of this section shall have been members of the state jail commission as local government representatives on June 30, 1983.)) All local elected officials appointed shall be from jurisdictions which currently operate a jail. The board shall include women and members of "minority groups" as that term is commonly understood.

(4) The members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060 for nonlegislative members and under RCW 44.04.120 for legislative members.

(5) The members shall elect a chairman and such other officers as they deem necessary.

Sec. 3. 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, commencing July 1, 1983, shall exercise the powers and duties of the state jail commission: 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~~)) seven member committee of the board, ((~~three~~)) five 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.

Sec. 4. Section 22, chapter 136, Laws of 1981 and RCW 72.09.180 are each amended to read as follows:

The corrections standards board shall cease to exist ((~~six~~)) two years after July 1, ((~~1981~~)) 1987, unless extended by law. The legislative budget committee shall review the board and recommend to the legislature by January of ((~~1987~~)) 1989 whether or not the board should be extended.