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HomeMy WebLinkAbout061873 HoR minutes 1 2131©larR1 .� , JUL 51973 € tp i i AUDITOR � ` 1 = a �� JEMERSON COUNTY 869 74-iaixsi af laepresattativre STATE OF WASHINGTON OLYMPIA HEARING OF THE HOUSE LOCAL GOVERNMENT SUBCOMMITTEE ON COUNTY, CITY JAILS Monday, June 18, 1973 House Office Building, Rm. 431 Olympia, Washington MINUTES Subcommittee Members Present: Representative Hugh Kalich, Subcommittee Chairman; Representative Joe D. Haussler; Representative Gary A. Nelson; Representative William Paris; Representative John O'Brien; and Representative Hal Zimmerman. Staff: Tim Burke; Mary Simila Interested Parties Present: Ralph Benefiel, Chief of Police, Longview (Retired) ; Richard Boyles, Sheriff, Franklin County; Ken DeLacey, Adult Corrections, Olympia; David Gerecht, Department of Social and Health Services; Jennifer James, Women Offenders Prison Project, Seattle; Don Jennings, Sheriff, Snohomish County; Rosemary Maynard, Reporter, Vancouver Columbian; Carl Petersen, Sheriff, Pierce County; Don Redmond, Sheriff, Thurston County; Robert W. Robertson, Jail Superintendent, Snohomish County; P. P. Schultz, Pierce County Sheriff's Office; John White, Associated Press; Allan Wood, Law and Justice Planning. Chairman Kalich called the meeting to order at 7:15 p.m. Committee members and staff were introduced. The interested parties were then invited to begin testify- ing. Don Jennings, Sheriff of Snohomish County, submitted a statement which set forth suggested modifications of House Bill No. 833 and agreed with the bill's concept that correctional facilities should be established in a county or city setting. Stating that he wished to see a modification in some of the definitions as presently contained in the bill, Sheriff Jennings read from his statement. He suggested that the term "correctional facility" in Sec. 2(2) be re-defined as follows: • J".County, 18, 19 City73 Jails Minutes une Page Two "Sec. 2 (2) 'Correctional facility' means a facility operated by a govern- ing unit, primarily designed, staffed and used for the housing of persons following conviction of a violation or criminal offense for the purpose of holding persons securely during such periods as the courts may pre- scribe in providing sanctions to limit and make crime unprofitable, and for the purpose of providing a place where corrective, educational, and rehabilitative services can be applied to those persons earning the privilege of such services during sentence by co-operative behavior and demonstrating an ability to benefit from them." Sheriff Jennings further suggested the rewriting of the Sec. 2 (4) definition of "health care" to read: "(4) 'Health care' means emergency medical and dental care and such pro- vision of prescription drugs as a physician shall advise as being necessary to prevent severe pain or serious risk of life or condition of health. Mental health problems of inmates of any county or city jail shall be the responsibility of the Mental Health Department of the county wherein the facility is situated. The Mental Health Department will meet mental health needs of inmates with programs providing the least practicable disturbance to security of the facility, recognizing that the sentencing of an individual by a court constitutes an affirmative finding that the freedom of that individual during the period of the sentence will endanger the public safety and welfare." For Class AA counties, Sheriff Jennings suggested there be a Jail Advisory Committee consisting of the County Council, Prosecuting Attorney, County Executive, Presiding Judge of the Superior Court, the District Court Judge with longest continuous ser- vice, and mayors and chiefs of police of the three largest cities. In counties other than Class AA, the Jail Advisory Committee would be composed of the Presiding Judge of the Superior Court sitting in the county, the District Court Judge senior in continuous service, the Prosecuting Attorney, Chairman of the Board of County Commissioners, the Sheriff, the mayor of the largest city of the county, and the chief of police of the largest city of the county. These advisory committees, according to Sheriff Jennings, would meet on an annual basis and their recommendations would be made to the superior court of the county. Recommendations and findings from these sources would be printed by the Adminis- trator of the Courts of the state and furnished to each superior court and each justice of the Supreme Court. The Administrator for the Courts would conduct hearings throughout the state which would result in recommendations to the Supreme Court which would then issue such orders to establish correctional facilities as it would deem appropriate. Operational rules and regulations would be posted in the jail facility. Sheriff Jennings suggested that medical and dental services - a minimal amount of around $10 per day per prisoner - be furnished by the Department of Social and Health Services so that these costs would not be a burden on the local community. Robert Robertson, Jail Superintendent of Snohomish County, expressed concern about the bill's lack of clarity in making a distinction between long-term medical needs of prisoners and emergency health care. Mr. Robertson objected to that provision allowing the creation of a department of corrections which, he said, would deny the right of citizens to choose who will operate their jails. Senator George Fleming, Chairman of the Senate Local Government Committee, joined the hearing at this time and was welcomed by the chairman. -2- „ County, City Jails Minutes June 18, 1973 Page Three Sheriff Don Redmond of Thurston County testified in favor of the present system of jail operation which he said does not require change in administration, but rather only some improvements. He objected strongly to the establishment of a department of corrections, as set forth in the bill, stating that this would result in addi- tional problems in jail operation. Sheriff Redmond particularly expressed concern as to the apprehending of escaped prisoners if, during incarceration, the police officers are not completely in charge of the prisoner. He felt only trained law enforcement officers should have the opportunity to continuously observe a prisoner's habits and tendencies because this observation enables the officers to successfully recapture the prisoner if he escapes. Representative Paris stated his understanding of this legislation to mean there would be local control under state standards and that the uniformity of standards proposed by the bill would not usurp local control of the jails . Sheriff Redmond replied that his objection was the creation of a separate governmental entity which would cause the sheriff or chief of police to lose control of the jails . Representative Paris remarked that law enforcement people had been involved in the drafting of this legislation, saying that the present punitive system is not work- ing and cited the rate of recidivism as being much too high. Representative O'Brien asked Sheriff Redmond if he would agree that a consolida- tion of jails within a county might result in a benefit to taxpayers. Sheriff Redmond replied affirmatively and expressed his approval of the work-release program recently initiated in Thurston County, to begin in August. He responded to a ques- tion by Representative Zimmerman that he considered improvements could be made through the courts without the creation of a department to operate the local jails. Ralph Benefiel, retired Longview Chief of Police, told the Committee that he had coordinated the input of law enforcement ideas in the drafting of the bill. He stated that at no time did the drafting committee want to usurp the powers of local law enforcement officers. The purpose of the legislation had been to separate functions, thereby enabling the sheriff or police chief to obtain staff having expertise in all facets of jail operations. Jennifer James, Women Offenders Prison Project, City of Seattle, testified in favor of minimum statewide jail standards and the desirability of limiting the discretion of the persons who operate jails. She reported that many community centers and halfway houses are totally without standards of operation. Jail standards, Ms. James felt, should be specific and the legislation should set them forth, rather than merely establish the concept. She said that leaving the Department of Social and Health Services to spell out the specifics would allow too much leeway for implementa- tion. Ms. James pointed out that the bill should include criteria for training of jail staff, with minimum standards for those who supervise prisoners. Women prisoners in jails are increasing in number, reported Ms. James, and they have some basic needs while incarcerated. She stated her belief that a woman should be included among those developing minimum standards, that admission standards should be set forth in regulations, including access to prisoners, and that minimal counsel- . ing should be available for prisoners serving 30, 60 or 90-day sentences. She fur- ther recommended maintaining basic jail records and access thereto with regulations posted within the jail which state what is expected of the prisoner. An ombudsman might be one suggestion, Ms. James said. Citing as an example the King County Jail, where the Police Chief is looking forward to releasing custody of the jail to a non-police administration, Ms. James suggested -3- • County, City Jails Minutes June 18, 1973 Page Four an advisory committee composed of persons actively involved in a jail environment rather than those higher in administration. Senator Fleming asked if such persons would report to the county sheriff or police chief, and Ms. James indicated this would be her suggestion. Sheriff Richard Boyle, of Franklin County, spoke of his concerns with the bill as written and, in particular, his concern about its funding. He would favor explicitly written jail standards in this legislation, with health requirements uniform and clearly defined. Sheriff Boyle favored the concept of regional planning and regional jails. lie pointed out that uniformity might be difficult, especially where there is a difference in funding for different types of county classifications. His office, said Sheriff Boyle, would like to join with the City of Pasco in a 20-year contract which would result in more money for a regional facility. Allan Wood, Corrections Coordinator, Law and Justice Planning Office, reviewed the formation of the Corrections Advisory Committee which established the Task Force on Jails and which went on record on June 7th as giving its full support to recom- mendations included in the bill for state-established minimum guidelines for manage- ment of the state's jails. He said that the bill would lead to the adoption of standards for different types of facilities, such as jails where individuals serve time after sentencing and holding facilities for those awaiting trial. Mr. Wood reported that the Corrections Technical Advisory Committee fully supported the bill. Representative Haussler remarked he did not see where a mayor, city council, or board of county commissioners is given any authority in the bill insofar as costs are concerned. He also noted the bill gives the Department of Social and Health Services authority to set standards and that although an advisory committee on jails is provided for, the bill does not specify from which areas of expertise they would be selected. Representative Haussler recommended that standards be specified in the bill and that the bill be changed so that local government would be given some authority in the operation of jails. He commented that considerable modification of this legislation seemed necessary and that workable legislation could be developed through the help of those most concerned. David Garecht, Department of Health and Social Services, testified in favor of House Bill 833. He reported that from 150,000 to 175,000 people are housed in jails in Washington State per year. Because there are no standard records systems some jail operators do not know how many persons are confined in any one year, how many are booked, and how many are released on bail, Mr. Garecht stated. Until the city councils or boards of county commissioners are required to provide proper care for inmates, the jails will continue to have prisoners at the mercy of inadequate local standards, Mr. Garecht said, citing several instances of shocking conditions prevailing currently in jails throughout the state. He pointed out that the bill describes "medical care" as maintaining or continuing the health of the prisoner as the prisoner is found to be upon entry into the jail. Mr. Garecht stated his belief that the bill could easily be amended to include requirements for training programs in law enforcement. He did not perceive the bill as removing controls from local government. Jennifer James recommended the establishment of priorities through the passage of needed legislation, saying that when priorities are established in this way, money is shifted to fund the program. She added that first offenders in a jail are some- times helped tremendously by removal of a minor problem which, if left unsolved, could have unfortunate effects on the prisoner and could lead to recidivism. -4- County, City Jails Minutes June 18, 1973 Page Five Dwight Carrin, Thurston County Sheriff's Office, described the development of the present jail system over the past 200 years, saying that although many improvements are needed, the greatest need is for enough money to implement the desired changes. He recommended having the offender pay a certain amount from every fine, such as $2.50, which would go toward funding of law enforcement training. Michelle Pailthorp, American Civil Liberties Union of Washington, spoke on the costs of recidivism, not only to society but in dollars. Recidivism, said Ms. Pailthorp has been proven to be much less when there is trained staff within the jails. Also, she indicated that smaller facilities with less people in jails for shorter periods of time, is desirable. Senator Fleming expressed his thanks for being invited to attend the hearing and asked that any written testimony submitted be provided the Senate Local Government Committee. He invited committee members to join his committee on Friday, June 22, in Spokane on a tour of the Spokane jail. Chairman Kalich thanked the interested parties for their testimony. The meeting was then adjourned at 9:10 p.m. -5-