SB 6270 — Concerning the resolution of warrants by persons serving a term of confinement in prison or juvenile rehabilitation.

S-5827.2SUBSTITUTES-5045.1SENATE SENATE BILL 6270State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators HumanDarneille, Services,Hasegawa, ReentryKuderer, &Wilson, RehabilitationC., (originallyDas, sponsoredand byNguyenRead Senatorsfirst Darneille,time Hasegawa,01/14/20.Referred Kuderer,to Wilson,Committee C.,on Das,Human andServices, Nguyen)READReentry FIRST& TIMERehabilitation.AN 02/06/20.AN ACT Relating to resolution of warrants by persons serving a term of confinement in prison or juvenile rehabilitation;

RCW 9.98.010 and 2011 c 336 s 345 are each amended to read as follows:(1) Whenever a person has entered upon a term of imprisonment in a penal ((or)), correctional, or juvenile rehabilitation institution of this state, and whenever during the continuance of the term of imprisonment there is pending in this state any untried indictment, information, or complaint against the ((prisoner))person,prisoner, he or she shall be brought to trial within one hundred twenty days after he or she shall have caused to be delivered to the prosecuting attorney and the ((superior)) court ((of the county)) in which the indictment, information, or complaint is pending written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information, or complaint((:complaint:

PROVIDED, That for)).for good cause shown in open court, the prisoner or his or her counsel shall have the right to be present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

The followingrequest timeof periodsthe prisoner shall be excludedaccompanied fromby a certificate of the onesuperintendent hundredhaving twenty-daycustody calculation:(a)of Arraignment,the pretrialprisoner, proceedings,stating trial,the andterm sentencingof commitment under which the prisoner is being held, the time already served, the time remaining to be served on anthe unrelatedsentence, chargethe inamount aof differentgood countrytime thanearned, the courttime whereof parole eligibility of the chargeprisoner, isand pending;(b)any Proceedingsdecisions relatedof the indeterminate sentence review board relating to competencythe prisoner.(2) The written notice and request for final disposition referred to standin trialsubsection on(1) theof pendingthis charge,section fromshall be given or sent by the entryprisoner to the superintendent having custody of anhim evaluationor orderher, who shall promptly forward it together with the certificate to the entryappropriate prosecuting attorney and superior, district, municipal, or juvenile court by certified mail, return receipt requested.(3) The superintendent having custody of the prisoner shall promptly inform him or her in writing of the source and contents of any untried indictment, information, or complaint against him or her concerning which the superintendent has knowledge and of his or her right to make a courtrequest orderfor findingfinal disposition thereof.(4) Escape from custody by the personprisoner competentsubsequent to proceed;his or her execution of the request for final disposition referred to in subsection (1) of this section shall void the request.--- END ---

and(c) Time during which the person is detained in a federal jail or prison and subject to conditions of release not imposed by the state of Washington.(2) The superintendent who provides the certificate under subsection (4) of this section shall inform any prosecuting attorney or court requesting transportation of the person to resolve an untried indictment, information, or complaint 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 department shall inform the prosecuting attorney or court when the person becomes available for transportation and provide a new certificate containing the information under subsection (4) of this section.(3) For good cause shown in open court, with the ((prisoner))person or his or her counsel ((shall have))having the right to be present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.(4) The request of the ((prisoner))person shall be accompanied by a certificate of the superintendent having custody of the ((prisoner))person, stating the term of commitment under which the ((prisoner))person is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the ((time of parole eligibility))earned release date of the ((prisoner))person, and any decisions of the indeterminate sentence review board relating to the ((prisoner))person.(((2)))(5) The written notice and request for final disposition referred to in subsection (1) of this section shall be given or sent by the ((prisoner))person to the superintendent having custody of him or her, who shall promptly forward it together with the certificate to the appropriate prosecuting attorney and superior, district, municipal, or juvenile court by certified mail, return receipt requested.(((3)))(6) The superintendent having custody of the ((prisoner))person shall promptly inform him or her in writing of the source and contents of any untried indictment, information, or complaint against him or her concerning which the superintendent has knowledge and of his or her right to make a request for final disposition thereof.(((4)))(7) Escape from custody by the ((prisoner))person subsequent to his or her execution of the request for final disposition referred to in subsection (1) of this section shall void the request.--- END ---