72.72 - Criminal behavior of residents of institutions.

72.72.010 - Legislative intent.

The legislature finds that political subdivisions in which state institutions are located incur a disproportionate share of the criminal justice costs due to criminal behavior of the residents of such institutions. To redress this inequity, it shall be the policy of the state of Washington to reimburse political subdivisions which have incurred such costs.

[ 1979 ex.s. c 108 § 1; ]

72.72.020 - Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

  1. "Political subdivisions" means counties, cities, and towns.

  2. "Institution" means any state institution for the confinement of adult offenders committed pursuant to chapters 10.64, 10.77, and 71.06 RCW or juvenile offenders committed pursuant to chapter 13.40 RCW.

[ 1983 c 279 § 1; 1981 c 136 § 120; 1979 ex.s. c 108 § 2; ]

72.72.030 - Institutional impact account—Reimbursement to political subdivisions—Limitations.

  1. There is hereby created, in the state treasury, an institutional impact account. The secretary of children, youth, and families may reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of children, youth, and families. Such reimbursement shall be made to the extent funds are available from the institutional impact account. Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.

  2. The secretary of corrections may reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of corrections. Such reimbursement shall be made to the extent funds are available from the institutional impact account. Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.

[ 2017 3rd sp.s. c 6 § 714; 1991 sp.s. c 13 § 10; 1985 c 57 § 71; 1983 c 279 § 2; 1979 ex.s. c 108 § 3; ]

72.72.040 - Reimbursement—Rules.

  1. The secretary of children, youth, and families and the secretary of corrections shall each promulgate rules pursuant to chapter 34.05 RCW regarding the reimbursement process for their respective agencies.

  2. Reimbursement shall not be made if otherwise provided pursuant to other provisions of state law.

[ 2017 3rd sp.s. c 6 § 715; 1983 c 279 § 3; 1979 ex.s. c 108 § 4; ]

72.72.050 - Disturbances at state penal facilities—Reimbursement to cities and counties for certain expenses incurred—Funding.

The state shall reimburse cities and counties for their expenses incurred directly as a result of their providing personnel and material pursuant to a contingency plan adopted under RCW 72.02.150. Reimbursement to cities and counties shall be expended solely from the institutional impact account within funds available in that account. If the costs of reimbursements to cities and counties exceed available funds, the secretary of corrections shall request the legislature to appropriate sufficient funds to enable the secretary of corrections to make full reimbursement.

[ 1983 c 279 § 4; 1982 c 49 § 3; ]

72.72.060 - Disturbances at state penal facilities—Reimbursement to cities and counties for physical injury benefit costs—Limitations.

The state shall reimburse cities and counties for their costs incurred under chapter 41.26 RCW if the costs are the direct result of physical injuries sustained in the implementation of a contingency plan adopted under RCW 72.02.150 and if reimbursement is not precluded by the following provisions: If the secretary of corrections identifies in the contingency plan the prison walls or other perimeter of the secured area, then reimbursement will not be made unless the injuries occur within the walls or other perimeter of the secured area. If the secretary of corrections does not identify prison walls or other perimeter of the secured area, then reimbursement shall not be made unless the injuries result from providing assistance, requested by the secretary of corrections or the secretary's designee, which is beyond the description of the assistance contained in the contingency plan. In no case shall reimbursement be made when the injuries result from conduct which either is not requested by the secretary of corrections or the secretary's designee, or is in violation of orders by superiors of the local law enforcement agency.

[ 1983 c 279 § 5; 1982 c 49 § 4; ]

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