SB 5294 — Concerning the department of corrections.

S-1543.1SUBSTITUTES-0281.1SENATE SENATE BILL 5294State of Washington65th Legislature2017 Regular SessionBy Senate Law & Justice (originally sponsored by Senators Padden and O'Ban)READO'BanRead FIRSTfirst TIMEtime 02/17/17.AN01/19/17. ACT Relating to addressing the department of corrections early release error;

amendingReferred RCWto 72.09.010,Committee 43.06.010,on 42.40.040,Law 49.60.210,& andJustice.AN 42.40.110;ACT Relating to addressing the department of corrections early release error;

amending RCW 72.09.010, 43.06.010, 42.40.040, and 42.40.110;

and persons received from another state, another state agency, a county, or the federal government.(6) "Neglect" means a negligent act or omission by any department employee, subcontractor, or volunteer which caused, or may have caused, injury or death to an inmate.(7) "Office" means the office of the corrections ombuds.(8) "Organization" means the private nonprofit organization that operates the office of the corrections ombuds.NEW SECTION.  Sec. 5.  (1) No later than AugustJuly 1, 2017,2018, the governor shall convene an ombuds advisory council with several purposes in support of the ombuds function.

The council must provide the legislature and the governor with recommendations regarding the ombuds budget and changes in the law that would enhance the ombuds effectiveness.(2) The council initially consists of the following four members:(a) The president of the senate shall appoint one democratmember andfrom each of the two largest caucuses of the senate.(b) The speaker of the house of representatives shall appoint one republicanmember from each of the two largest caucuses of the house of representatives.(3) The council membership in subsection (2) of this section shall select the following additional members:(a) One former inmate, who has successfully reintegrated into the community and is no longer in the custody of the department.(b) Two family members of current inmates.(c) One expert with significant criminal justice or correctional experience who is not an employee or contractor with Washington state.(d) A community member with extensive knowledge and experience in issues related to racial, ethnic, or religious diversity within the correctional system.(e) A community member with extensive knowledge and experience in the accommodation needs of individuals with disabilities.(f) An individual with dispute resolution training who has experience working in the legislature.criminal justice or corrections fields.(4) The governor shall select the following two additional members of the council:(a) A representative of the department.(b) A representative of the collective bargaining unit of employees of the department.(5) After the full membership is attained, the council shall develop a process for replacing members in case of resignation or expiration of terms.(6) Council members serve a term of three years, except that the council shall create and implement a system of staggered terms, and no member may serve more than two consecutive terms.

The chairs of the senate committee on law and justice and the house of representatives committee on public safety shall make recommendations to the president of the senate and the speaker of the house of representatives, who shall make the final appointments.

These appointed members shall select the following additional members:(a) One former inmate who has successfully reintegrated into the community and is no longer in the custody of the department;(b) Two family members of a current inmate;(c) One expert with significant criminal justice or correctional experience who is not an employee or contractor with the state of Washington;(d) A community member with extensive knowledge and experience in issues related to racial, ethnic, or religious diversity within the correctional system;(e) A community member with extensive knowledge and experience in the accommodation needs of individuals with disabilities;

and(f) A community member with dispute resolution training who has experience working in the criminal justice or corrections field.(3) The council also includes:(a) The department staff serving as the internal ombuds, if any;

and(b) A bargaining unit representative, as selected by the membership of the bargaining unit.(4) After the full membership is attained, the council shall develop a process for replacing members in case of resignation or expiration of terms.(5) Councilmembers serve a term of three years, except that the council shall create and implement a system of staggered terms, and no member may serve more than two consecutive terms.

CouncilmembersCouncil members will serve without compensation, except that funds appropriated for the implementation of this act may be used to reimburse members who are not employees of Washington state for expenses necessary to the performance of their duties.NEW SECTION.  Sec. 6.  (1) The state auditor shall designate, by a competitive bidding process, the nonprofit organization that will contract to operate the office of the corrections ombuds.

and(c) Inspecting, viewing, photographing, and video recording all areas of the facility which are used by inmates or are accessible to inmates.(3) Reasonable access to inmates includes the opportunity to meet and communicate privately and confidentially with individuals regularly, both formally and informally, by telephone, mail, and in person.(4) The ombuds has the right to access, inspect, and obtain copies of all relevant information, records, or documents in the possession or control of the department that the ombuds considers necessary in an investigation of a complaint filed under this chapter, and the department must assist the ombuds in obtaining the necessary releases for those documents which are specifically restricted or privileged for use by the ombuds.(a) When conducting an investigation of potential abuse or neglect, the ombuds must have access to relevant records not later than tenthree business days after the ombuds makes a written request for such records.(b) The ombuds must have immediate access, not later than seventy-twotwenty-four hours after the ombuds makes such a request, to relevant records, without consent from another party, if the ombuds determines there is reasonable suspicion that the health or safety of an inmate is in serious and immediate jeopardy, or in any case of death of an inmate while in department custody.(5) A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by the ombuds must provide the ombuds with access to such records.NEW SECTION.  Sec. 9.  (1) Correspondence andbetween communication with the office and an inmate is confidential and must be protectedprocessed as privileged correspondence in the same manner as legal correspondence between inmates and courts, attorneys, or communication.(2)public officials.(2) The office shall establish confidentiality rules and procedures for all information maintained by the office.(3) The office shall preserve the confidentiality of information obtained while providing services, including general information, technical assistance, and investigations, to individuals, including inmates, family members and representatives of inmates, department employees, and others.

and(b) May reveal information obtained in the course of providing ombuds services to prevent the commission of a crime.(5)crime.NEW IfSECTION.  Sec. 10.  (1) theA ombudscivil receivesaction personallymay identifyingnot informationbe aboutbrought individualagainst correctionsany staffemployee duringof the courseoffice for good faith performance of responsibilities under this chapter.(2) No discriminatory, disciplinary, or retaliatory action may be taken against a department employee, subcontractor, or volunteer, an investigationinmate, thator a family member or representative of an inmate for any communication made, or information given or disclosed, to aid the ombudsoffice determinesin carrying out its responsibilities, unless the communication or information is unrelatedmade, given, or unnecessarydisclosed tomaliciously or without good faith.(3) The department may not hinder the subjectlawful actions of the investigationombuds or recommendationemployees forof action,the office, or willfully refuse to comply with lawful demands of the ombudsoffice.(4) willThis section is not furtherintended discloseto suchinfringe information.on the rights of an employer to supervise, discipline, or terminate an employee for other reasons.PART 2DEPARTMENT OF CORRECTIONSSec. 11.  RCW 72.09.010 and 1995 1st sp.s.

If the ombuds determines that such disclosure is necessary to an investigation or recommendation, the ombuds will contact the staff member as well as the bargaining unit representative before any disclosure.NEW SECTION.  Sec. 10.  (1) A civil action may not be brought against any employee of the office for good faith performance of responsibilities under this chapter.(2) No discriminatory, disciplinary, or retaliatory action may be taken against a department employee, subcontractor, or volunteer, an inmate, or a family member or representative of an inmate for any communication made, or information given or disclosed, to aid the office in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith.(3) The department may not hinder the lawful actions of the ombuds or employees of the office, or willfully refuse to comply with lawful demands of the office.(4) This section is not intended to infringe on the rights of an employer to supervise, discipline, or terminate an employee for other reasons.PART 2DEPARTMENT OF CORRECTIONSSec. 11.  RCW 72.09.010 and 1995 1st sp.s.

If the resolution takes more than one year, the auditor shall provide annual notification of its status to the whistleblower, agency head, and subject or subjects of the investigation.(11) Failure to cooperate with such audit or investigation, or retaliation against anyone who assists the auditor by engaging in activity protected by this chapter shall be reported as a separate finding with recommendations for corrective action in the associated report whenever it occurs.(12) This section does not limit any authority conferred upon the attorney general or any other agency of government to investigate any matter.Sec. 18.  RCW 49.60.21042.40.110 and 20111999 1stc sp.s.361 s 8 are each amended to read as follows:(1)(a) The office of financial management shall contract for a performance audit of the state employee whistleblower program on a cycle to be determined by the office of financial management.

c 42 s 25 are each amended to read as follows:(1) It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.(2)(a) It is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.(b) A settlement of any cause of action brought by an employee under this subsection may not contain a provision prohibiting the employee from future work in state government.(3) It is an unfair practice for any employer, employment agency, labor union, government agency, government manager, or government supervisor to discharge, expel, discriminate, or otherwise retaliate against an individual assisting with an office of fraud and accountability investigation under RCW 74.04.012, unless the individual has willfully disregarded the truth in providing information to the office.Sec. 19.  RCW 42.40.110 and 1999 c 361 s 8 are each amended to read as follows:(1)(a) The office of financial management shall contract for a performance audit of the state employee whistleblower program on a cycle to be determined by the office of financial management.

The audit must provide recommendations on this matter in its evaluation of the effectiveness of the program.NEW SECTION.  Sec. 20.  SectionsSECTION.  Sec. 19.  Sections 1 through 10 of this act constitute a new chapter in Title 43 RCW.--- END ---