Washington SB 5694: Recognizing Indian tribes as among the governmental entities with which the department of corrections may enter into agreements on matters to include the housing of inmates convicted in tribal court.

Bill Text

AN ACT Relating to recognizing Indian tribes as among the 1
governmental entities with which the department of corrections may 2
enter into agreements on matters to include the housing of inmates 3
convicted in tribal court; amending RCW 72.09.015, 72.09.050, 4
72.68.080, 72.68.090, and 72.68.100; and creating a new section.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature recognizes that many 7
federally recognized Indian tribes in Washington exercise felony 8
criminal jurisdiction, yet none operate or have access to a prison 9
facility. Tribal defendants sentenced to greater than one year in 10
custody must serve their time in local jail facilities ill-equipped 11
to house inmates for long sentences. This act will authorize the 12
Washington state department of corrections to negotiate agreements 13
with Indian tribes that will provide a public safety benefit to all 14
residents of Washington by allowing tribal court inmates to serve 15
their felony sentences in an appropriate facility with access to 16
rehabilitative services.17
Sec. 2. RCW 72.09.015 and 2020 c 319 s 2 are each amended to 18
read as follows:19
The definitions in this section apply throughout this chapter.20
S-3203.2
SENATE BILL 5694
State of Washington 67th Legislature 2022 Regular Session
By Senators Stanford, Robinson, and C. Wilson
Prefiled 01/06/22. Read first time 01/10/22. Referred to Committee
on Human Services, Reentry & Rehabilitation.
p. 1 SB 5694

(1) "Adult basic education" means education or instruction 1
designed to achieve general competence of skills in reading, writing, 2
and oral communication, including English as a second language and 3
preparation and testing services for obtaining a high school diploma 4
or a high school equivalency certificate as provided in RCW 5
28B.50.536.6
(2) "Base level of correctional services" means the minimum level 7
of field services the department of corrections is required by 8
statute to provide for the supervision and monitoring of offenders.9
(3) "Civil judgment for assault" means a civil judgment for 10
monetary damages awarded to a correctional officer or department 11
employee entered by a court of competent jurisdiction against an 12
inmate that is based on, or arises from, injury to the correctional 13
officer or department employee caused by the inmate while the 14
correctional officer or department employee was acting in the course 15
and scope of his or her employment.16
(4) "Community custody" has the same meaning as that provided in 17
RCW 9.94A.030 and also includes community placement and community 18
supervision as defined in RCW 9.94B.020.19
(5) "Contraband" means any object or communication the secretary 20
determines shall not be allowed to be: (a) Brought into; (b) 21
possessed while on the grounds of; or (c) sent from any institution 22
under the control of the secretary.23
(6) "Correctional facility" means a facility or institution 24
operated directly or by contract by the secretary for the purposes of 25
incarcerating adults in total or partial confinement, as defined in 26
RCW 9.94A.030.27
(7) "County" means a county or combination of counties.28
(8) "Department" means the department of corrections.29
(9) "Earned early release" means earned release as authorized by 30
RCW 9.94A.729.31
(10) "Evidence-based" means a program or practice that has had 32
multiple-site random controlled trials across heterogeneous 33
populations demonstrating that the program or practice is effective 34
in reducing recidivism for the population.35
(11) "Extended family visit" means an authorized visit between an 36
inmate and a member of his or her immediate family that occurs in a 37
private visiting unit located at the correctional facility where the 38
inmate is confined.39
p. 2 SB 5694

(12) "Good conduct" means compliance with department rules and 1
policies.2
(13) "Good performance" means successful completion of a program 3
required by the department, including an education, work, or other 4
program.5
(14) "Immediate family" means the inmate's children, 6
stepchildren, grandchildren, great grandchildren, parents, 7
stepparents, grandparents, great grandparents, siblings, aunts, 8
uncles, and a person legally married to or in a state registered 9
domestic partnership with an inmate. "Immediate family" includes the 10
immediate family of an inmate who was adopted as a child or an adult, 11
but does not include an inmate adopted by another inmate.12
(15) "Indigent inmate," "indigent," and "indigency" mean an 13
inmate who has less than a ((twenty-five dollar)) $25 balance of 14
disposable income in his or her institutional account on the day a 15
request is made to utilize funds and during the ((thirty)) 30 days 16
previous to the request.17
(16) "Individual reentry plan" means the plan to prepare an 18
offender for release into the community. It should be developed 19
collaboratively between the department and the offender and b