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FIRST SPECIAL SESSION


FIRST DAY

__________


MORNING SESSION


_________


House Chamber, Olympia, Friday, March 11, 1994


             The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jennifer Dyste and Jenny Holsman. Prayer was offered by Representative Dunshee.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


             The Speaker declared the House to be at recess until 1:30 p.m.


AFTERNOON SESSION


             The Speaker called the House to order at 1:30 p.m.


             The Clerk called the roll and a quorum was present.


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


             There being no objection, the House advanced to the fourth order of business.


INTRODUCTIONS AND FIRST READING

 

HCR 4438         by Representative Peery

 

Reintroducing bills for 1994 first special session.


             On motion of Representative Peery, the rules were suspended and House Concurrent Resolution No. 4438 was advanced to second reading.


             There being no objection, the House advanced to the sixth order of business.


SECOND READING

 

HCR 4438         by Representative Peery

 

Reintroducing bills for the 1994 first special session.



             The resolution was read the second time.


             With the consent of the House, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.


             The Speaker stated the question before the House to be final adoption of House Concurrent Resolution No. 4438.


             Representative Peery spoke in favor of adoption of the resolution.


             House Resolution No. 4438 was adopted.


MOTION


             Representative Peery moved that House Resolution No. 4438 be immediately transmitted to the Senate. The motion was carried.


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


             There being no objection, the House reverted to the fourth order of business.


INTRODUCTIONS AND FIRST READING (SUPPLEMENTAL)

 

HCR 4439         by Representative Peery

 

Enumerating matters for consideration in the 1994 first special session.


             On motion of Representative Peery, House Concurrent Resolution No. 4439 was advanced to second reading.


             There being no objection, the House advanced to the sixth order of business.


SECOND READING

 

HCR 4439         by Representative Peery

 

Enumerating matters for consideration in the 1994 first special session.


             The resolution was read the second time.


             On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.


             The Speaker stated the question before the House to be final adoption of House Concurrent Resolution No. 4439.


             Representative Peery spoke in favor of adoption of the resolution.


             House Resolution No. 4439 was adopted.


             There being no objection, the House advanced to the eighth order of business.


MOTION


             Representative Peery moved that the Rules Committee be relieved of Engrossed Substitute House Bill No. 2676 and that the bill be placed on the third reading calendar. The motion was carried.


             With the consent of the House, House Concurrent Resolution No. 4439 was immediately transmitted to the Senate. The motion was carried.


             There being no objection, the House reverted to the seventh order of business.


THIRD READING


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676, by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Reams, Anderson, Patterson, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, G. Cole, Moak, Valle, H. Myers, Kremen, Silver, Kessler, Conway, Cothern, Morris, Rayburn and J. Kohl; by request of Governor Lowry)

 

Restructuring boards, committees, commissions, and councils.


             The bill was read the third time.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2676.


             Representatives Dunshee and Forner spoke in favor of passage of the bill.


MOTIONS


             On motion of Representative L. Thomas, Representatives Wood, Dyer and Carlson were excused.

             On motion of Representative J. Kohl, Representatives Orr, Dorn and Riley were excused.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2676, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 2, Excused - 6.

             Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 90.

             Absent: Representatives Sommers and Valle - 2.

             Excused: Representatives Carlson, Dorn, Dyer, Orr, Riley and Wood - 6.


             Engrossed Substitute House Bill No. 2676, having received the constitutional majority, was declared passed.


MESSAGE FROM THE SENATE


March 11, 1994


Mr. Speaker:


             The Senate has adopted:


HOUSE CONCURRENT RESOLUTION NO. 4438,

and the same is herewith transmitted.


Brad Hendrickson, Deputy Secretary


             The Speaker declared the House to be at ease.


             The Speaker called the House to order.


MESSAGE FROM THE SENATE


March 11, 1994


Mr. Speaker:


             The Senate has adopted the report of the Conference Committee to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, and passed the bill as recommended by the Conference Committee,

and the same is herewith transmitted.


Marty Brown, Secretary


REPORT OF CONFERENCE COMMITTEE


E2SHB 2319                                                                                                                                           March 9, 1994


Includes "NEW ITEM": YES


             Enacting programs to reduce violence.


Mr. President:

Mr. Speaker:


             We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, Violence reduction programs, have had the same under consideration and we recommend that:

 

All previous amendments not be adopted, and the striking amendments by the Conference Committee (See attached 2319-S2.E AMC CONF S5957.1) be adopted:


             On page 34, after line 18 of the Conference Committee amendment (s-5957.1), insert the following:


             "(6) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section."; and


             That the Conference Committee amendment be further amended (See attached 2319-S2.E AMC CONF H4595.1) to page 202, after line 37, together with the title amendment(s),

             On page 202, after line 37, insert the following:   


             "Sec. 919. 1993 sp.s. c 24 s 202 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM

General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                  ((292,004,000))

283,352,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                  ((193,407,000))

216,172,000

Drug Enforcement and Education Account

      Appropriation.. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $                                                                                                                                                     3,722,000

                  TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                  ((489,133,000))

503,246,000


             The appropriations in this section are subject to the following conditions and limitations:

             (1) $854,000 of the drug enforcement and education account appropriation and $300,000 of the general fund--state appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility also shall provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.

             (2) $700,000 of the general fund--state appropriation and $262,000 of the drug enforcement and education account appropriation are provided solely for up to three nonfacility based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility based programs, preference shall be given to programs whose federal or private funding sources have expired or have successfully performed under the existing pediatric interim care program.

             (3) In the event that the department consolidates children's services offices, the department shall ensure that services continue to be accessible to isolated communities.

             (4) (($14,984,000 of the general fund--state appropriation and $14,632,000 of the general fund--federal appropriation are provided to establish a state child care block grant by July 1, 1994. The department shall develop a plan for administering the block grant which shall include: (a) A state-wide distribution formula; (b) a block grant application process that encourages the cooperative efforts of local governments, resource and referral agencies, and other not-for-profit organizations involved with child care; (c) recommendations about cost-effective ways to administer child care subsidies in rural areas of the state; and (d) recommendations for the percentage of the grant to be used for local administration. The plan shall be presented to the appropriate legislative committees by January 1, 1994.)) The department shall develop and implement a plan for removing categorical barriers to access for families needing departmental child care services. The plan shall be developed in consultation with the child care coordinating committee, and shall include strategies such as: (a) Co-location of child care eligibility workers with other relevant service providers such as resource and referral agencies; (b) development of a uniform application form and process across programs; (c) cross-training of departmental and resource and referral agency child care staff; (d) development of parent brochures; and (e) increased coordination at the local level with child care and early childhood programs operated by other agencies and governmental jurisdictions. The department shall report to appropriate committees of the legislature on the plan and its implementation status by December 1, 1994.

             (5) The department shall coordinate funding totaling $400,000 from all available sources to initiate a residential teen welfare protection program in an urban county with a population over 550,000. The program shall be designed to improve employment and parenting skills of teenage mothers to reduce long-term welfare dependence. The department shall select a provider with experience in providing residential services to adolescent mothers and their infants.

             (6) The family policy council under chapter 70.190 RCW shall establish procedures for locating appropriate counseling staff of participating agencies in public schools.

             (((8) $8,792,000 of the general fund--state appropriation is provided solely to implement the following programs: $385,000 of this amount is provided for the medical training project on the evaluation and care of child sexual abuse, $4,784,000 of this amount is provided for contracts for domestic violence shelters and comprehensive domestic violence service planning, $2,841,000 of this amount is provided for early identification and treatment of child sexual abuse, and $782,000 of this amount is provided for sexual assault centers.))

             (7) $900,000 of the general fund--state appropriation, and $225,000 of the general fund--federal appropriation, are provided solely to implement Engrossed Second Substitute Senate Bill No. 6255 (permanency planning for children). The department may transfer a portion of this amount to the legal services revolving fund for costs associated with implementation of this bill.

             (8) $4,142,000 of the general fund--state appropriation and $1,858,000 of the general fund--federal appropriation are provided solely to fund prevention programs designed to address risk factors related to violent criminal acts by juveniles, child abuse and neglect, domestic violence, teen pregnancy and male parentage, suicide attempts, substance abuse, and dropping out of school. The legislature intends, through the appropriation of these funds, to address the underlying causes of violence and other at-risk behaviors of children and create an environment which promotes healthy behaviors and safe communities for children and their families.

             The family policy council shall disburse funds under this subsection to community public health and safety networks who are in substantial compliance with chapter . . ., Laws of 1994 (this act) as determined by the council by rule. Funds provided under this subsection shall only be available upon application of a network to the council. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals, specify the risk factors to be addressed and ameliorated, and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. In considering requests for funding under this section, the council may approve requests to:

             (a) Provide technical assistance, planning grants, and grants of flexible funds to community public health and safety networks;

             (b) Fund healthy family programs;

             (c) Fund before- and after-school child care and therapeutic child care programs;

             (d) Fund domestic violence programs;

             (e) Fund safe schools/community programs; and

             (f) Fund other services targeted at the risk factors specified in chapter . . ., Laws of 1994 (this act).


             On page 202, following line 37


             NEW SECTION. Sec. 920. Section 201, chapter . . . (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified) is repealed."


             On page 203, line 21 of the title amendment, after "(uncodified);" insert "amending 1993 sp.s. c 24 s 202 (uncodified);"


             On page 203, line 39 of the title amendment, after "82.64.900;" insert "repealing section 201, chapter . . . (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified);"


             Strike everything after the enacting clause and insert the following:


PART I. INTENT


             NEW SECTION. Sec. 101. The legislature finds that the increasing violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. Youth violence is increasing at an alarming rate and young people between the ages of fifteen and twenty-four are at the highest risk of being perpetrators and victims of violence. Additionally, random violence, including homicide and the use of firearms, has dramatically increased over the last decade.

             The legislature finds that violence is abhorrent to the aims of a free society and that it can not be tolerated. State efforts at reducing violence must include changes in criminal penalties, reducing the unlawful use of and access to firearms, increasing educational efforts to encourage nonviolent means for resolving conflicts, and allowing communities to design their prevention efforts.

             The legislature finds that the problem of violence can be addressed with many of the same approaches that public health programs have used to control other problems such as infectious disease, tobacco use, and traffic fatalities.

             Addressing the problem of violence requires the concerted effort of all communities and all parts of state and local governments. It is the immediate purpose of chapter . . ., Laws of 1994 (this act) to: (1) Prevent acts of violence by encouraging change in social norms and individual behaviors that have been shown to increase the risk of violence; (2) reduce the rate of at-risk children and youth, as defined in RCW 70.190.010; (3) increase the severity and certainty of punishment for youth and adults who commit violent acts; (4) reduce the severity of harm to individuals when violence occurs; (5) empower communities to focus their concerns and allow them to control the funds dedicated to empirically supported preventive efforts in their region; and (6) reduce the fiscal and social impact of violence on our society.


             Sec. 102. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:

             ((The department of social and health services)) State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:

             (1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;

             (2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;

             (3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;

             (4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;

             (5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

             (((4))) (6) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;

             (7)(a) Developing coordinated social and health services which:

             (((a))) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

             (((b))) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

             (((c))) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

             (((d))) (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

             (((e))) (v) Reduce duplication of and gaps in service delivery;

             (((f))) (vi) Improve planning, budgeting, and communication among all units of the department ((serving)) and among all agencies that serve children and families; and

             (((g) Develop)) (vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.

             (b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.


PART II. PUBLIC HEALTH


             NEW SECTION. Sec. 201. The legislature recognizes that the state patrol, the office of the administrator for the courts, the sheriffs' and police chiefs' association, the department of social and health services, the department of community development, the sentencing guidelines commission, the department of corrections, and the superintendent of public instruction each have comprehensive data and analysis capabilities that have contributed greatly to our current understanding of crime and violence, and their causes.

             The legislature finds, however, that a single health-oriented agency must be designated to provide consistent guidelines to all these groups regarding the way in which their data systems collect this important data. It is not the intent of the legislature by section 202 of this act to transfer data collection requirements from existing agencies or to require the addition of major new data systems. It is rather the intent to make only the minimum required changes in existing data systems to increase compatibility and comparability, reduce duplication, and to increase the usefulness of data collected by these agencies in developing more accurate descriptions of violence.


             NEW SECTION. Sec. 202. A new section is added to chapter 43.70 RCW to read as follows:

             (1) The department of health shall develop, based on recommendations in the public health services improvement plan and in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to acts of violence, at-risk behaviors, and risk and protective factors. The data collection and reporting rules shall be used by any public or private entity that is required to report data relating to these behaviors and conditions. The department may require any agency or program that is state-funded or that accepts state funds and any licensed or regulated person or professional to report these behaviors and conditions. To the extent possible the department shall require the reports to be filed through existing data systems. The department may also require reporting of attempted acts of violence and of nonphysical injuries. For the purposes of this section "acts of violence" means self-directed and interpersonal behaviors that can result in suicide, homicide, and nonfatal intentional injuries. "At-risk behaviors," "protective factors," and "risk factors" have the same meanings as provided in RCW 70.190.010. A copy of the data used by a school district to prepare and submit a report to the department shall be retained by the district and, in the copy retained by the district, identify the reported acts or behaviors by school site.

             (2) The department is designated as the state-wide agency for the coordination of all information relating to violence and other intentional injuries, at-risk behaviors, and risk and protective factors.

             (3) The department shall provide necessary data to the local health departments for use in planning by or evaluation of any community network authorized under section 303 of this act.

             (4) The department shall publish annual reports on intentional injuries, unintentional injuries, rates of at-risk youth, and associated risk and protective factors. The reports shall be submitted to the governor, the legislature, and the Washington state institute for public policy.

             (5) The department shall by rule establish requirements for local health departments to perform assessment related to at-risk behaviors and risk and protective factors and to assist community networks in policy development and in planning and other duties under chapter . . ., Laws of 1994 (this act).

             (6) The department may, consistent with its general authority and directives under sections 201 through 205 of this act, contract with a college or university that has experience in data collection relating to the health and overall welfare of children to provide assistance to:

             (a) State and local health departments in developing new sources of data to track acts of violence, at-risk behaviors, and risk and protective factors; and

             (b) Local health departments to compile and effectively communicate data in their communities.


             NEW SECTION. Sec. 203. A new section is added to chapter 43.70 RCW to read as follows:

             The public health services improvement plan developed under RCW 43.70.520 shall include:

             (1) Minimum standards for state and local public health assessment, performance measurement, policy development, and assurance regarding social development to reduce at-risk behaviors and risk and protective factors. The department in the development of data collection and reporting requirements for the superintendent of public instruction, schools, and school districts shall consult with the joint select committee on education restructuring and local school districts.

             (2)(a) Measurable risk factors that are empirically linked to violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence; and

             (b) An evaluation of other factors to determine whether they are empirically related risk factors, such as: Out-of-home placements, poverty, single-parent households, inadequate nutrition, hunger, unemployment, lack of job skills, gang affiliation, lack of recreational or cultural opportunities, school absenteeism, court-ordered parenting plans, physical, emotional, or behavioral problems requiring special needs assistance in K-12 schools, learning disabilities, and any other possible factors.

             (3) Data collection and analysis standards on at-risk behaviors and risk and protective factors for use by the local public health departments and the state council and the local community networks to ensure consistent and interchangeable data.

             (4) Recommendations regarding any state or federal statutory barriers affecting data collection or reporting.

             The department shall provide an annual report to the Washington state institute for public policy on the implementation of this section.


             NEW SECTION. Sec. 204. A new section is added to chapter 43.70 RCW to read as follows:

             The department, in consultation with the family policy council created in chapter 70.190 RCW, shall establish, by rule, standards for local health departments and networks to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. The standards shall be based on the standards set forth in the public health services improvement plan as required by section 203 of this act.

             The department, in consultation with the family policy council, shall review the definitions of at-risk children and youth, protective factors, and risk factors contained in RCW 70.190.010 and make any suggested recommendations for change to the legislature by January 1, 1995.


             NEW SECTION. Sec. 205. A new section is added to chapter 43.70 RCW to read as follows:

             The legislature encourages the use of a state-wide voluntary, socially responsible policy to reduce the emphasis, amount, and type of violence in all public media. The department shall develop a suggested reporting format for use by the print, television, and radio media in reporting their voluntary violence reduction efforts. Each area of the public media may carry out the policy in whatever manner that area deems appropriate.


             Sec. 206. RCW 43.70.010 and 1989 1st ex.s. c 9 s 102 are each amended to read as follows:

             As used in this chapter, unless the context indicates otherwise:

             (1) "Assessment" means the regular collection, analysis, and sharing of information about health conditions, risks, and resources in a community. Assessment activities identify trends in illness, injury, and death and the factors that may cause these events. They also identify environmental risk factors, community concerns, community health resources, and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other investigations and evaluations of health emergencies and specific ongoing health problems;

             (2) "Board" means the state board of health;

             (((2))) (3) "Council" means the health care access and cost control council;

             (((3))) (4) "Department" means the department of health; ((and

             (4))) (5) "Policy development" means the establishment of social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or prevent injury, illness, or death; and

             (6) "Secretary" means the secretary of health.


             NEW SECTION. Sec. 207. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The Washington state institute for public policy shall conduct or contract for monitoring and tracking of the implementation of chapter . . ., Laws of 1994 (this act) to determine whether these efforts result in a measurable reduction of violence. The institute shall also conduct or contract for an evaluation of the effectiveness of the community public health and safety networks in reducing the rate of at-risk youth through reducing risk factors and increasing protective factors. The evaluation plan shall result in statistically valid evaluation at both state-wide and community levels. The evaluation plan shall be submitted to the governor and appropriate legislative committees by July 1, 1995.

             (2) Starting five years after the initial grant to a community network, if the community network fails to meet the outcome standards and goals in any two consecutive years, the institute shall make recommendations to the legislature concerning whether the funds received by that community network should revert back to the originating agency. In making this determination, the institute shall consider the adequacy of the level of intervention relative to the risk factors in the community and any external events having a significant impact on risk factors or outcomes.

             (3) The outcomes required under this chapter and social development standards and measures established by the department of health under section 204 of this act shall be used in conducting the outcome evaluation of the community networks.


PART III. COMMUNITY NETWORKS


             Sec. 301. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:

             The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.

             However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help ((refashion)) reconstruct family and community ((associations)) networks to ((care for)) assist in meeting the needs of children.

             The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((a common)) an approach ((to their delivery)) that allows communities to prioritize and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.

             The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.

             The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children and (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.


             Sec. 302. RCW 70.190.010 and 1992 c 198 s 3 are each amended to read as follows:

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

             (1) "Assessment" has the same meaning as provided in RCW 43.70.010.

             (2) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities.

             (3) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. At-risk children and youth also include those who are victims of violence, abuse, neglect, and those who have been removed from the custody of their parents.

             (4) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported.

             (((2))) (5) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.

             (((3))) (6) "Family policy council" or "council" means: The superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees((,)); one legislator from each caucus of the senate and house of representatives((, and)); one representative of the governor; one representative each appointed by the governor for cities or towns, counties, federally recognized Indian tribes, school districts, the children's commission, law enforcement agencies, superior courts, public parks and recreation programs, and private agency service providers; citizen representatives of community organizations not associated with delivery of services affected by chapter . . ., Laws of 1994 (this act); and two chief executive officers of major Washington corporations appointed by the governor.

             (((4))) (7) "Outcome" or "outcome based" means defined and measurable outcomes ((and indicators that make it possible for communities)) used to evaluate progress in ((meeting their goals and whether systems are fulfilling their responsibilities)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.

             (((5))) (8) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a ((consortium's project. Up to half of the consortium's)) community network's plan. The network's matching funds may be in-kind goods ((and)), services((. Funding sources allowable for match include)), appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.

             (((6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.))

             (9) "Community public health and safety networks" or "community networks" means authorities authorized under section 303 of this act.

             (10) "Policy development" has the same meaning as provided in RCW 43.70.010.

             (11) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, and alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.

             (12) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence. Risk factors include availability of drugs or alcohol, economic, educational, and social deprivation, rejection of identification with the community, academic failure, a family history of high substance abuse, crime, a lack of acceptance of societal norms, and substance, child, and sexual abuse.


             NEW SECTION. Sec. 303. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The legislature intends to create community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.

             (2) A group of persons described in subsection (3) of this section may apply by December 1, 1994, to be a community public health and safety network.

             (3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens with no direct fiduciary interest in health, education, social service, or justice system organizations operating within the network area. In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations which may exist within the network. The thirteen persons shall be selected as follows: Three by the chambers of commerce located in the network, three by school board members of the school districts within the network boundary, three by the county legislative authorities of the counties within the network boundary, three by the city legislative authorities of the cities within the network boundary, and one high school student, selected by student organizations within the network boundary. The remaining ten members shall include local representation from the following groups and entities: Cities, counties, federally recognized Indian tribes, parks and recreation programs, law enforcement agencies, superior court judges, state children's service workers from within the network area, employment assistance workers from within the network area, private social, educational, or health service providers from within the network area, and broad-based nonsecular organizations.

             (4) A list of the network members shall be submitted to the council by December 1, 1994, by the network chair who shall be selected by network members at their first meeting. The list shall become final unless the council chooses other members within twenty days after the list is submitted. The council shall accept the list unless he or she believes the proposed list does not adequately represent all parties identified in subsection (3) of this section or a member has a conflict of interest between his or her membership and his or her livelihood. Members of the community network shall serve terms of three years.

             The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. The same process shall be used in the selection of the chair and members for subsequent terms. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.

             (5) The network shall select a public entity as the lead fiscal agency for the network. The lead agency may contract with a public or private entity to perform other administrative duties required by the state. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents.

             (6) Network meetings are subject to the open public meetings act under chapter 42.30 RCW.


             NEW SECTION. Sec. 304. A new section is added to chapter 70.190 RCW to read as follows:

             The community public health and safety networks shall:

             (1) Review state and local public health data and analysis relating to risk factors, protective factors, and at-risk children and youth;

             (2) Prioritize the risk factors and protective factors to reduce the likelihood of their children and youth being at risk. The priorities shall be based upon public health data and assessment and policy development standards provided by the department of health under section 204 of this act;

             (3) Develop long-term comprehensive plans to reduce the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards; and project their desired outcomes;

             (4) Distribute funds to local programs that reflect the locally established priorities and as provided in section 324 of this act;

             (5) Comply with outcome-based standards;

             (6) Cooperate with the department of health and local boards of health to provide data and determine outcomes; and

             (7) Coordinate its efforts with anti-drug use efforts and organizations and maintain a high priority for combatting drug use by at-risk youth.


             NEW SECTION. Sec. 305. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.

             (2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect with the network. Parents shall sign a voluntary authorization for services, which may be withdrawn at any time. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:

             (a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;

             (b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;

             (c) Parenting education and skills development;

             (d) Parenting and family support information and referral;

             (e) Parent support groups; and

             (f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.

             These programs are intended to be voluntary for the parents involved.

             (3) The community network may include funding of:

             (a) At-risk youth job placement and training programs. The programs shall:

             (i) Identify and recruit at-risk youth for local job opportunities;

             (ii) Provide skills and needs assessments for each youth recruited;

             (iii) Provide career and occupational counseling to each youth recruited;

             (iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;

             (v) Match each youth recruited with a business that meets his or her skills and training needs;

             (vi) Provide employment and training opportunities that prepare the individual for demand occupations; and

             (vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;

             (b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;

             (c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, violence prevention training, safe school strategies, and employment reentry assistance services;

             (d) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;

             (e) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;

             (f) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and

             (g) Technical assistance and training resources to successful applicants.


             NEW SECTION. Sec. 306. A new section is added to chapter 70.190 RCW to read as follows:

             (1) A community network that has its membership finalized under section 303(4) of this act shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the region will be given up to one year to submit the long-term comprehensive plan. Upon application the community networks are eligible to receive funds appropriated under section 324 of this act.

             (2) The council shall enter into biennial contracts with community networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to section 319 of this act.

             (3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.

             (4) The council shall notify the community networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.


             NEW SECTION. Sec. 307. A new section is added to chapter 70.190 RCW to read as follows:

             The family policy council shall:

             (1) Establish network boundaries no later than July 1, 1994. There is a presumption that no county may be divided between two or more community networks and no network shall have fewer than forty thousand population. When approving multicounty networks, considering dividing a county between networks, or creating a network with a population of less than forty thousand, the council must consider: (a) Common economic, geographic, and social interests; (b) historical and existing shared governance; and (c) the size and location of population centers. Individuals and groups within any area shall be given ample opportunity to propose network boundaries in a manner designed to assure full consideration of their expressed wishes;

             (2) Develop a technical assistance and training program to assist communities in creating and developing community networks and comprehensive plans;

             (3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;

             (4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW 69.50.520, in addition to the programs set forth in section 308 of this act, which could be transferred, in all or part, to the community networks, and report their findings and recommendations to the governor and the legislature regarding any appropriate program transfers by January 1 of each year;

             (5) Reward community networks that show exceptional success as provided in section 319 of this act;

             (6) Seek every opportunity to maximize federal and other funding that is consistent with the plans approved by the council for the purpose and goals of this chapter;

             (7) Review the state-funded out-of-home placement rate before the end of each contract to determine whether the region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate, it may reduce the immediately succeeding grant to the network;

             (8)(a) The council shall monitor the implementation of programs contracted by participating state agencies by reviewing periodic reports on the extent to which services were delivered to intended populations, the quality of services, and the extent to which service outcomes were achieved at the conclusion of service interventions. This monitoring shall include provision for periodic feedback to community networks;

             (b) The legislature intends that this monitoring be used by the Washington state institute for public policy, together with public health data on at-risk behaviors and risk and protective factors, to produce an external evaluation of the effectiveness of the networks and their programs. For this reason, and to conserve public funds, the council shall not conduct or contract for the conduct of control group studies, quasi-experimental design studies, or other analysis efforts to attempt to determine the impact of network programs on at-risk behaviors or risk and protective factors; and

             (9) Review the implementation of chapter . . ., Laws of 1994 (this act) and report its recommendations to the legislature annually. The report shall use measurable performance standards to evaluate the implementation.


             NEW SECTION. Sec. 308. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The council, and each network, shall biennially review all state and federal funded programs serving individuals, families, or communities to determine whether a network may be better able to integrate and coordinate these services within the community.

             (2) The council, and each network, shall specifically review and report, to the governor and the legislature, on the feasibility and desirability of decategorizing and granting, all or part of, the following program funds to the networks:

             (a) Consolidated juvenile services;

             (b) Family preservation and support services;

             (c) Readiness to learn;

             (d) Community mobilization;

             (e) Violence prevention;

             (f) Community-police partnership;

             (g) Child care;

             (h) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;

             (i) Crisis residential care;

             (j) Victims' assistance;

             (k) Foster care;

             (l) Adoption support;

             (m) Continuum of care; and

             (n) Drug and alcohol abuse prevention and early intervention in schools.

             (3) In determining the desirability of decategorizing these programs the report shall analyze whether:

             (a) The program is an integral part of the comprehensive plan without decategorization;

             (b) The program is already adequately integrated and coordinated with other programs that are, or will be, funded by the network;

             (c) The network could develop the capacity to provide the program's services;

             (d) The program goals might receive greater community support and reinforcement through the network;

             (e) The program presently ensures that adequate follow-up efforts are utilized, and whether the network could improve on those efforts through decategorization of the funds;

             (f) The decategorization would benefit the community; and

             (g) The decategorization would assist the network in achieving its goals.

             (4) If the council or a network determines that a program should not be decategorized, the council or network shall make recommendations regarding programmatic changes that are necessary to improve the coordination and integration of services and programs, regardless of the funding source for those programs.


             NEW SECTION. Sec. 309. A new section is added to chapter 70.190 RCW to read as follows:

             (1) The participating state agencies shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children. This agreement shall recognize and give specific planning, coordination, and program administration responsibilities to community networks, after the approval under section 310 of this act of their comprehensive plans. The community networks shall encourage the development of integrated, regionally based children, youth, and family activities and services with adequate local flexibility to accomplish the purposes stated in section 101 of this act and RCW 74.14A.020.

             (2) The community networks shall exercise the planning, coordinating, and program administration functions specified by the state interagency agreement in addition to other activities required by law, and shall participate in the planning process required by chapter 71.36 RCW.

             (3) Any state or federal funds identified for contracts with community networks shall be transferred with no reductions.


             NEW SECTION. Sec. 310. A new section is added to chapter 70.190 RCW to read as follows:

             The council shall only disburse funds to a community network after a comprehensive plan has been prepared by the network and approved by the council or as provided in section 324 of this act. In approving the plan the council shall consider whether the network:

             (1) Promoted input from the widest practical range of agencies and affected parties;

             (2) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;

             (3) Obtained a declaration by the largest health department within the network's boundaries, ensuring that the plan met minimum standards for assessment and policy development relating to social development according to section 204 of this act;

             (4) Included a specific mechanism of data collection and transmission based on the rules established under section 204 of this act;

             (5) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; and

             (6) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, or dropping out of school.


             Sec. 311. RCW 43.101.240 and 1989 c 271 s 423 are each amended to read as follows:

             (1) The criminal justice training commission in cooperation with the United States department of justice department of community relations (region X) shall conduct an assessment of successful community-police partnerships throughout the United States. The commission shall develop training for local law enforcement agencies targeted toward those communities where there has been a substantial increase in drug crimes. The purpose of the training is to facilitate cooperative community-police efforts and enhanced community protection to reduce drug abuse and related crimes. The training shall include but not be limited to conflict management, ethnic sensitivity, cultural awareness, and effective community policing. ((The commission shall report its findings and progress to the legislature by January 1990.))

             (2) Local law enforcement agencies are encouraged to form community-police partnerships in ((areas of substantial drug crimes)) all neighborhoods and particularly areas with high rates of criminal activity. These partnerships are encouraged to organize citizen-police task forces which meet on a regular basis to promote greater citizen involvement in combatting drug abuse and to reduce tension between police and citizens. Partnerships that are formed are encouraged to report to the criminal justice training commission of their formation and progress.

             (((3) The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the drug enforcement and education account to the criminal justice training commission for the purposes of subsection (1) of this section.))


             NEW SECTION. Sec. 312. A new section is added to chapter 70.190 RCW to read as follows:

             If there exist any federal restrictions against the transfer of funds, for the programs enumerated in section 308 of this act, to the community networks, the council shall assist the governor in immediately applying to the federal government for waivers of the federal restrictions. The council shall also assist the governor in coordinating efforts to make any changes in federal law necessary to meet the purpose and intent of chapter . . ., Laws of 1994 (this act).


             NEW SECTION. Sec. 313. A new section is added to chapter 70.190 RCW to read as follows:

             For grant funds awarded under this chapter, no state agency may require any other program requirements, except those necessary to meet federal funding standards or requirements. None of the grant funds awarded to the community networks shall be considered as new entitlements.


             NEW SECTION. Sec. 314. A new section is added to chapter 70.190 RCW to read as follows:

             The implementation of community networks shall be included in all federal and state plans affecting the state's children, youth, and families. The plans shall be consistent with the intent and requirements of this chapter.


             Sec. 315. RCW 70.190.020 and 1992 c 198 s 4 are each amended to read as follows:

             To the extent that any power or duty of the council ((created according to chapter 198, Laws of 1992)) may duplicate efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall include authority to consolidate similar councils or activities in a manner consistent with the goals of this chapter ((198, Laws of 1992)).


             Sec. 316. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:

             (((1))) The ((family policy)) council shall annually solicit from ((consortiums)) community networks proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:

             (((a))) (1) A comprehensive plan has been prepared by the ((consortium; and

             (b))) community networks;

             (2) The ((consortium)) community network has identified and agreed to contribute matching funds as specified in RCW 70.190.010; ((and

             (c))) (3) An interagency agreement has been prepared by the ((family policy)) council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and

             (((d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]

             (e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and

             (f))) (4) The ((consortium)) community network has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The ((consortium)) community network must submit reports to the ((family policy)) council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.

             (((2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.

             (3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.))


             Sec. 317. RCW 70.190.900 and 1992 c 198 s 11 are each amended to read as follows:

             By June 30, 1995, the ((family policy)) council shall report to the appropriate committees of the legislature on the expenditures made, outcomes attained, and other pertinent aspects of its experience in the implementation of RCW 70.190.030.


             NEW SECTION. Sec. 318. A new section is added to chapter 43.41 RCW to read as follows:

             The office of financial management shall review the administration of funds for programs identified under section 308 of this act and propose legislation to complete interdepartmental transfers of funds or programs as necessary. The office of financial management shall review statutes that authorize the programs identified under section 308 of this act and suggest legislation to eliminate statutory requirements that may interfere with the administration of that policy.


             NEW SECTION. Sec. 319. A new section is added to chapter 43.41 RCW to read as follows:

             (1) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula for determining allocations to the community networks authorized under section 310 of this act. The formula shall reflect the local needs assessment for at-risk children and consider:

             (a) The number of arrests and convictions for juvenile violent offenses;

             (b) The number of arrests and convictions for crimes relating to juvenile drug offenses and alcohol related offenses;

             (c) The number of teen pregnancies and parents;

             (d) The number of child and teenage suicides and attempted suicides; and

             (e) The high school graduation rate.

             (2) In developing the formula, the office of financial management shall reserve five percent of the funds for the purpose of rewarding community networks.

             (3) The reserve fund shall be used by the council to reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, teen suicide attempts, or school dropout rates.

             (4) The office of financial management shall submit the distribution formula to the family policy council and to the appropriate committees of the legislature by December 20, 1994.


             NEW SECTION. Sec. 320. A new section is added to chapter 70.190 RCW to read as follows:

             If a community network is unable or unwilling to assume powers and duties authorized under this chapter by June 30, 1998, or the Washington state institute for public policy makes a recommendation under section 207 of this act, the governor may transfer all funds and programs available to a community network to a single state agency whose statutory purpose, mission, goals, and operating philosophy most closely supports the principles and purposes of section 101 of this act and RCW 74.14A.020, for the purpose of integrating the programs and services.


             NEW SECTION. Sec. 321. The secretary of social and health services and the insurance commissioner shall conduct a study regarding liability issues and insurance rates for private nonprofit group homes that contract with the department for client placement. The secretary and commissioner shall report their findings and recommendations to the legislature by November 15, 1994.


             NEW SECTION. Sec. 322. A new section is added to chapter 43.20A RCW to read as follows:

             The secretary of social and health services shall make all of the department's evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials.


             NEW SECTION. Sec. 323. The governor shall appoint the initial members of the family policy council by May 1, 1994.


             NEW SECTION. Sec. 324. Any funds appropriated to the violence reduction and drug enforcement account in the 1993-95 supplemental budget for purposes of community networks shall only be available upon application of a network to the council. The application shall identify the programs and a plan for expenditure of the funds. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. Upon approval of this plan, each network shall be eligible to receive a minimum dollar amount as determined by the office of financial management.

             This section shall expire June 30, 1995.


             NEW SECTION. Sec. 325. RCW 70.190.900 and 1994 c . . . s 317 (section 317 of this act) & 1992 c 198 s 11 are each repealed.


             NEW SECTION. Sec. 326. Section 325 of this act shall take effect July 1, 1995.


PART IV. FIREARMS AND OTHER WEAPONS


             Sec. 401. RCW 9.41.010 and 1992 c 205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:

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

             (1) (("Short firearm" or)) "Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (2) "Pistol" ((as used in this chapter)) means any firearm with a barrel less than twelve inches in length, or is designed to be held and fired by the use of a single hand.

             (((2))) (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

             (4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

             (5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

             (6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

             (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

             (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

             (9) "Loaded" means:

             (a) There is a cartridge in the chamber of the firearm;

             (b) Bullets are in a clip that is locked in place in the firearm;

             (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

             (d) There is a cartridge in the tube, magazine, or other compartment of the firearm.

             (10) "Dealer" means a person engaged in the business of selling firearms or ammunition at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

             (11) "Crime of violence" ((as used in this chapter)) means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, and robbery in the second degree;

             (b) Any conviction ((or adjudication)) for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence in ((subsection (2)))(a) of this ((section)) subsection; and

             (c) Any federal or out-of-state conviction ((or adjudication)) for an offense comparable to a felony classified as a crime of violence under ((subsection (2))) (a) or (b) of this ((section.

             (3) "Firearm" as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (4) "Commercial seller" as used in this chapter means a person who has a federal firearms license)) subsection.

             (12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

             (a) Any crime of violence;

             (b) Child molestation in the second degree;

             (c) Controlled substance homicide;

             (d) Incest when committed against a child under age fourteen;

             (e) Indecent liberties;

             (f) Leading organized crime;

             (g) Promoting prostitution in the first degree;

             (h) Rape in the third degree;

             (i) Sexual exploitation;

             (j) Vehicular assault;

             (k) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (l) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

             (m) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or

             (n) Any felony offense in effect at any time prior to the effective date of this section that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.


             Sec. 402. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and amended to read as follows:

             (1) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a ((short)) firearm ((or pistol,)) if((, having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed,)) the person owns ((or)), has in his or her possession, or has in his or her control any ((short)) firearm ((or pistol)):

             (a) After having previously been convicted in this state or elsewhere of a serious offense, a domestic violence offense enumerated in RCW 10.99.020(2), a harassment offense enumerated in RCW 9A.46.060, or of a felony in which a firearm was used or displayed, except as otherwise provided in subsection (3) or (4) of this section;

             (b) After having previously been convicted of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (3) or (4) of this section;

             (c) After having previously been convicted on three occasions within five years of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to possess a firearm has been restored as provided in section 404 of this act;

             (d) After having previously been committed for mental health treatment, either voluntarily for a period exceeding fourteen continuous days, or involuntarily under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in section 404 of this act; or

             (e) If the person is under eighteen years of age, except as provided in section 403 of this act.

             (2) Unlawful possession of a ((short)) firearm ((or pistol shall be punished as)) is a class C felony, punishable under chapter 9A.20 RCW.

             (3) As used in this section, a person has been "convicted ((or adjudicated))" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession of a firearm if the conviction ((or adjudication)) has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted ((or adjudicated)) or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

             (4) ((Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a short firearm or pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, the person owns or has in his or her possession or under his or her control any short firearm or pistol.

             (5))) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ((ownership,)) possession((, or control)) of a firearm as a result of the conviction.

             (((6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.

             (b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.

             (c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.))

             (5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.


             NEW SECTION. Sec. 403. A new section is added to chapter 9.41 RCW to read as follows:

             RCW 9.41.040(1)(e) shall not apply to any person under the age of eighteen years who is:

             (1) In attendance at a hunter's safety course or a firearms safety course;

             (2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

             (3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

             (4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

             (5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;

             (6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;

             (7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;

             (8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or

             (9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.


             NEW SECTION. Sec. 404. A new section is added to chapter 9.41 RCW to read as follows:

             (1)(a) At the time a person is convicted of an offense making the person ineligible to possess a firearm, or at the time a person is committed by court order under RCW 71.05.320, 71.34.090, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person may not possess a firearm unless his or her right to do so is restored by a court of record.

             The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.

             (b) Upon the expiration of fourteen days of treatment of a person voluntarily committed, if the period of voluntary commitment is to continue, the institution, hospital, or sanitarium shall notify the person, orally and in writing, that the person may not possess a firearm unless his or her right to do so is restored by a court of record.

             Following fourteen continuous days of treatment, the institution, hospital, or sanitarium also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of voluntary commitment.

             (2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority.

             (3) A person who is prohibited from possessing a firearm by reason of having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug may, after five continuous years without further conviction for any alcohol-related offense, petition a court of record to have his or her right to possess a firearm restored.

             (4)(a) A person who is prohibited from possessing a firearm, by reason of having been either:

             (i) Voluntarily committed for mental health treatment for a period exceeding fourteen continuous days; or

             (ii) Involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction,

may, upon discharge, petition a court of record to have his or her right to possess a firearm restored.

             (b) At a minimum, a petition under this subsection (4) shall include the following:

             (i) The fact, date, and place of commitment;

             (ii) The place of treatment;

             (iii) The fact and date of release from commitment;

             (iv) A certified copy of the most recent order, if one exists, of commitment, with the findings of fact and conclusions of law; and

             (v) A statement by the person that he or she is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, to others, or to the public safety.

             (c) A person petitioning the court under this subsection (4) shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.


             Sec. 405. RCW 9.41.050 and 1982 1st ex.s. c 47 s 3 are each amended to read as follows:

             (1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed ((weapon)) pistol.

             (2) ((A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

             (3))) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed ((weapon)) pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

             (3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

             (4) Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:

             (a) Licensed under RCW 9.41.070 to carry a concealed pistol;

             (b) In attendance at a hunter's safety course or a firearms safety course;

             (c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

             (d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

             (e) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

             (f) In an area where the discharge of a firearm is permitted, and is not trespassing;

             (g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;

             (h) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle;

             (i) On real property under the control of the person or a relative of the person;

             (j) At his or her residence;

             (k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty;

             (l) Is a law enforcement officer; or

             (m) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair.

             (5) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

             (6) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section.


             Sec. 406. RCW 9.41.060 and 1961 c 124 s 5 are each amended to read as follows:

             The provisions of RCW 9.41.050 shall not apply to:

             (1) Marshals, sheriffs, prison or jail wardens or their deputies, ((policemen)) or other law enforcement officers((, or to));

             (2) Members of the ((army, navy or marine corps)) armed forces of the United States or of the national guard or organized reserves, when on duty((, or to));

             (3) Officers or employees of the United States duly authorized to carry a concealed pistol;

             (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

             (5) Regularly enrolled members of any organization duly authorized to purchase or receive ((such weapons)) pistols from the United States or from this state((, or to));

             (6) Regularly enrolled members of clubs organized for the purpose of target shooting ((or)), when those members are at or are going to or from their places of target practice;

             (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting ((or to)), when those members are at or are going to or from their collector's gun shows and exhibits;

             (8) Individual hunters((: PROVIDED, Such members are at, or are going to or from their places of target practice, or their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a pistol in the usual or ordinary course of such business, or to)) when on a hunting, camping, or fishing trip; or

             (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper ((from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of abode or business to another)).


             Sec. 407. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:

             (1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.

             ((Such)) The applicant's constitutional right to bear arms shall not be denied, unless he or she:

             (a) Is ineligible to ((own a pistol)) possess a firearm under the provisions of RCW 9.41.040; ((or))

             (b) Is under twenty-one years of age; ((or))

             (c) Is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, ((or)) 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070; ((or))

             (d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a ((crime of violence)) serious offense; ((or))

             (e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; ((or))

             (f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or

             (g)(i) Has been convicted of any ((of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any)) crime against a child or other person listed in RCW 43.43.830(5).

             (ii) Except as provided in (g)(iii) of this subsection, any person who becomes ineligible for a concealed pistol ((permit)) license as a result of a conviction for a crime listed in ((this subsection (1)))(g)(i) of this subsection and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition ((the district)) a court of record for a declaration that the person is no longer ineligible for a concealed pistol ((permit)) license under ((this subsection (1)))(g)(i) of this subsection.

             (iii) No person convicted of a serious offense as defined in RCW 9.41.010 may have his or her right to possess firearms restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.

             (2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a pistol and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.

             (3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.

             (((3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years.

             (4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:

             (a) On the first forfeiture, revoke the license for one year;

             (b) On the second forfeiture, revoke the license for two years;

             (c) On the third or subsequent forfeiture, revoke the license for five years.

Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.

             (5))) (4) The license application shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the full name, street address, ((and)) date and place of birth, race, gender, description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.

             The license application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.


             The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, whether the applicant is a United States citizen, ((and if not a citizen whether the applicant has declared the intent to become a citizen)) and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. ((An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor.)) A person who is not a citizen of the United States((, or has not declared his or her intention to become a citizen)) shall meet the additional requirements of RCW 9.41.170.

             The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing ((said)) the license.

             The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.

             (((6))) (5) The fee for the original issuance of a four-year license shall be ((twenty-three)) fifty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the issuance of the license((: PROVIDED FURTHER, That)).

             The fee shall be distributed as follows:

             (a) ((Four)) Fifteen dollars shall be paid to the state general fund;

             (b) ((Four)) Ten dollars shall be paid to the agency taking the fingerprints of the person licensed;

             (c) ((Twelve)) Fifteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

             (d) ((Three)) Ten dollars to the firearms range account in the general fund.

             (((7))) (6) The fee for the renewal of such license shall be ((fifteen)) fifty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the renewal of the license((: PROVIDED FURTHER, That)).

             The renewal fee shall be distributed as follows:

             (a) ((Four)) Twenty dollars shall be paid to the state general fund;

             (b) ((Eight)) Twenty dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

             (c) ((Three)) Ten dollars to the firearms range account in the general fund.

             (((8))) (7) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

             (((9))) (8) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ((ten)) twenty dollars in addition to the renewal fee specified in subsection (((7))) (6) of this section. The fee shall be distributed as follows:

             (a) ((Three)) Ten dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

             (b) ((Seven)) Ten dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

             (((10))) (9) Notwithstanding the requirements of subsections (1) through (((9))) (8) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

             (((11))) (10) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. ((A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.))

             (11) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.

             (12) A person may apply for a concealed pistol license:

             (a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;

             (b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or

             (c) Anywhere in the state if the applicant is a nonresident.


             NEW SECTION. Sec. 408. A new section is added to chapter 9.41 RCW to read as follows:

             (1) The license shall be revoked by the license-issuing authority immediately upon:

             (a) Discovery by the issuing authority that the person was ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;

             (b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm;

             (c) Conviction of the licensee for a third violation of this chapter within five calendar years; or

             (d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).

             (2)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.

             (b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.

             (3) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the issuing authority shall:

             (a) On the first forfeiture, revoke the license for one year;

             (b) On the second forfeiture, revoke the license for two years; or

             (c) On the third or subsequent forfeiture, revoke the license for five years.

             Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.

             (4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.


             Sec. 409. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:

             No person ((shall)) may deliver a ((pistol)) firearm to any person ((under the age of twenty-one or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind)) whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.


             Sec. 410. RCW 9.41.090 and 1988 c 36 s 2 are each amended to read as follows:

             (1) In addition to the other requirements of this chapter, no ((commercial seller shall)) dealer may deliver a pistol to the purchaser thereof until:

             (a) The purchaser produces a valid concealed pistol license and the ((commercial seller)) dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (((4))) (5) of this section; ((or))

             (b) The ((seller)) dealer is notified in writing by the chief of police ((of the municipality)) or the sheriff of the ((county)) jurisdiction in which the purchaser resides that the purchaser ((meets the requirements of)) is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is ((granted)) approved by the chief of police or sheriff; or

             (c) Five ((consecutive)) business days ((including Saturday, Sunday and holidays)), meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (((4))) (5) of this section, and, when delivered, ((said)) the pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.

             (2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.

             (b) Once the system is established, a dealer shall use the national instant criminal background check system, provided for by the Brady Handgun Control Act (H.R. 1025, 103rd Cong., 1st Sess. (1993)), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic data base and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.

             (3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the ((seller)) dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the ((seller)) dealer so that the hold may be released if the warrant was for ((a crime other than a crime of violence)) an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a pistol.

             (((3))) (4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for ((a crime of violence, or (e) an arrest for a crime of violence)) an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. An applicant shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.

             (((4))) (5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the ((seller)) dealer an application containing his or her full name, street address, date and place of birth, ((and)) race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; ((and)) a description of the ((weapon)) pistol including((,)) the make, model, caliber and manufacturer's number; and a statement that the purchaser is eligible to ((own)) possess a pistol under RCW 9.41.040.

             The application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.


The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

             The ((seller)) dealer shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the ((seller)) purchaser is a resident. The ((seller)) dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser ((fails to meet the requirements specified in)) is not eligible to possess a pistol under RCW 9.41.040. ((The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol.))

             The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.

             (6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.

             (7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.


             NEW SECTION. Sec. 411. A new section is added to chapter 9.41 RCW to read as follows:

             A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol to an inquiring court or law enforcement agency.


             Sec. 412. RCW 9.41.097 and 1983 c 232 s 5 are each amended to read as follows:

             (1) The department of social and health services, mental health institutions, and other health care facilities shall, upon request of a court or law enforcement agency, supply such relevant information as is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed pistol license under RCW 9.41.070 or to purchase a pistol under RCW 9.41.090. ((Such information shall be used exclusively for the purposes specified in this section and shall not be made available for public inspection except by the person who is the subject of the information.))

             (2) Mental health information received by: (a) The department of licensing pursuant to section 404 of this act or RCW 9.41.170; (b) an issuing authority pursuant to section 404 of this act or RCW 9.41.070; (c) a chief of police or sheriff pursuant to RCW 9.41.090 or 9.41.170; (d) a court or law enforcement agency pursuant to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.17.318.


             NEW SECTION. Sec. 413. A new section is added to chapter 9.41 RCW to follow RCW 9.41.097 to read as follows:

             (1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:

             (a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;

             (b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;

             (c) For issuing a concealed pistol license to a person ineligible for such a license;

             (d) For failing to issue a concealed pistol license to a person eligible for such a license;

             (e) For revoking or failing to revoke an issued concealed pistol license; or

             (f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license.

             (2) An application may be made to a court of competent jurisdiction for a writ of mandamus:

             (a) Directing an issuing agency to issue a concealed pistol license wrongfully refused;

             (b) Directing a law enforcement agency to approve an application to purchase wrongfully denied; or

             (c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or in the wrongful denial of a purchase application be corrected.

             The application for the writ may be made in the county in which the application for a concealed pistol license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.


             Sec. 414. RCW 9.41.098 and 1993 c 243 s 1 are each amended to read as follows:

             (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

             (a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;

             (b) Commercially sold to any person without an application as required by RCW 9.41.090;

             (c) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;

             (d) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW;

             (((d))) (e) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, ((having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance)) as defined in chapter 46.61 RCW;

             (((e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;))

             (f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;

             (g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;

             (h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or

             (i) Known to have been used in the commission of a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed or a felony violation of the ((Uniformed [Uniform])) Uniform Controlled Substances Act, chapter 69.50 RCW.

             (2) Upon order of forfeiture, the court in its discretion ((shall)) may order destruction of any forfeited firearm ((that is illegal for any person to possess)). A court may temporarily retain forfeited firearms needed for evidence.

             (a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993, and applies only if the law enforcement agency has complied with (b) of this subsection.

             By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.

             (b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:

             (i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or

             (ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to ((commercial sellers)) licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.

             (c) Antique firearms ((as defined by RCW 9.41.150)) and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to ((commercial sellers)) licensed dealers.

             (d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to ((commercial sellers)) licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.

             (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.

             (4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.


             Sec. 415. RCW 9.41.100 and 1935 c 172 s 10 are each amended to read as follows:

             ((No retail)) Every dealer shall ((sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pistol without being)) be licensed as ((hereinafter)) provided in RCW 9.41.110 and shall register with the department of revenue as provided in chapters 82.04 and 82.32 RCW.


             Sec. 416. RCW 9.41.110 and 1979 c 158 s 2 are each amended to read as follows:

             (1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.

             (2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.

             (3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.

             (4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell ((pistols)) firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.160 (as recodified by this act). A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.

             (5)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.

             (b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.

             (((1))) (6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.

             (((2))) (b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (6)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.

             In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 9.41.110. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (8) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.

             (7) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.

             (((3))) (8)(a) No pistol ((shall)) may be sold (((a))): (i) In violation of any provisions of RCW 9.41.010 through 9.41.160((,)) (as recodified by this act); nor (((b) shall)) (ii) may a pistol be sold under any circumstances unless the purchaser is personally known to the ((seller)) dealer or shall present clear evidence of his or her identity.

             (((4))) (b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.

             (c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the account under RCW 69.50.520.

             (9)(a) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, ((color)) and place of birth of the purchaser and a statement signed by the purchaser that he ((has never been convicted in this state or elsewhere of a crime of violence)) or she is not ineligible under RCW 9.41.040 to possess a firearm.

             (b) One copy shall within six hours be sent by ((registered)) certified mail to the chief of police of the municipality or the sheriff of the county of which the ((dealer)) purchaser is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.

             (((5))) (10) Subsections (2) through (9) of this section shall not apply to sales at wholesale.

             (((6))) (11) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.

             (((7))) (12) Except as provided in RCW 9.41.090 ((as now or hereinafter amended)), every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.

             ((The fee paid for issuing said license shall be five dollars which fee shall be paid into the state treasury.))


             NEW SECTION. Sec. 417. A new section is added to chapter 9.41 RCW to read as follows:

             The department of licensing may keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols provided for in RCW 9.41.090, and copies or records of pistol transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.17.318.


             NEW SECTION. Sec. 418. A new section is added to chapter 9.41 RCW to read as follows:

             (1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100.

             (2) At least once every twelve months, the department of licensing shall obtain from the department of revenue and the department of revenue shall transmit to the department of licensing a list of dealers registered with the department of revenue whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300, and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100.

             (3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100, or whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300. In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements, has failed to comply with registration requirements, or has gross proceeds of sales below the reporting threshold.


             Sec. 419. RCW 9.41.140 and 1961 c 124 s 10 are each amended to read as follows:

             No person ((shall)) may change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any ((pistol)) firearm. Possession of any ((pistol)) firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This section shall not apply to replacement barrels in old ((revolvers)) firearms, which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business. This section also shall not apply if the changes do not make the firearm illegal for the person to possess under state or federal law.


             Sec. 420. RCW 9.41.190 and 1982 1st ex.s. c 47 s 2 are each amended to read as follows:

             (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part ((thereof capable of use)) designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or ((assembling)) to assemble or ((repairing)) repair any machine gun((: PROVIDED, HOWEVER, That such limitation)), short-barreled shotgun, or short-barreled rifle.

             (2) This section shall not apply to:

             (a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington((: PROVIDED FURTHER, That this section does not apply to)) in the discharge of official duty or traveling to or from official duty; or

             (b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under ((the National Firearms Act (26 U.S.C. section 5801 et seq.))) federal law, and engaged in the production, manufacture, repair, or testing of ((weapons or equipment to be used or purchased by the armed forces of the United States, and having a United States government industrial security clearance.)) machine guns, short-barreled shotguns, or short-barreled rifles:

             (i) To be used or purchased by the armed forces of the United States;

             (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or

             (iii) For exportation in compliance with all applicable federal laws and regulations.

             (3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to the effective date of this section and is possessed in compliance with federal law.

             (4) Any person violating this section is guilty of a class C felony.


             Sec. 421. RCW 9.41.220 and 1933 c 64 s 4 are each amended to read as follows:

             All machine guns, short-barreled shotguns, or short-barreled rifles, or ((parts thereof)) any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.


             Sec. 422. RCW 9.41.230 and 1909 c 249 s 307 are each amended to read as follows:

             ((Every)) (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who ((shall)):

             (a) Aims any ((gun, pistol, revolver or other)) firearm, whether loaded or not, at or towards any human being((, or who shall));

             (b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby((, although no injury result, shall be)). A public place shall not include any location at which firearms are authorized to be lawfully discharged; or

             (c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,

although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

             (2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36 RCW.


             Sec. 423. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:

             ((No minor under the age of fourteen years shall handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes. Every person violating any of the foregoing provisions, or aiding or knowingly permitting any such minor to violate the same, shall be guilty of a misdemeanor.))

             Unless an exception under section 403 of this act or RCW 9.41.050 or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

             (1) In the person's place of abode;

             (2) At the person's fixed place of business; or

             (3) On real property under his or her control.


             Sec. 424. RCW 9.41.250 and 1959 c 143 s 1 are each amended to read as follows:

             Every person who ((shall)):

             (1) Manufactures, sells, or disposes of or ((have in his possession)) possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; ((who shall))

             (2) Furtively ((carry)) carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or ((who shall))

             (3) Uses any contrivance or device for suppressing the noise of any firearm, ((shall be))

is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.


             Sec. 425. RCW 9.41.260 and 1909 c 249 s 283 are each amended to read as follows:

             Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground or building, who ((shall)) allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun((, pistol)) or firearm of any description, at or toward any human being, ((shall be)) is guilty of a misdemeanor punishable under chapter 9A.20 RCW.


             Sec. 426. RCW 9.41.270 and 1969 c 8 s 1 are each amended to read as follows:

             (1) It shall be unlawful for ((anyone)) any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

             (2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

             (3) Subsection (1) of this section shall not apply to or affect the following:

             (a) Any act committed by a person while in his or her place of abode or fixed place of business;

             (b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

             (c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

             (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

             (e) Any person engaged in military activities sponsored by the federal or state governments.


             Sec. 427. RCW 9.41.280 and 1993 c 347 s 1 are each amended to read as follows:

             (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

             (a) Any firearm; ((or))

             (b) Any other dangerous weapon as defined in RCW 9.41.250; ((or))

             (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; ((or))

             (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

             (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

             (2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

             Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. However, any violation of subsection (1)(a) of this section by an elementary or secondary school student shall result in expulsion for an indefinite period of time in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

             (3) Subsection (1) of this section does not apply to:

             (a) Any student or employee of a private military academy when on the property of the academy;

             (b) Any person engaged in military, law enforcement, or school district security activities;

             (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

             (d) ((Any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises;

             (e))) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

             (((f))) (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

             (((g))) (f) Any ((person)) nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

             (((h))) (g) Any ((person)) nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

             (((i))) (h) Any law enforcement officer of the federal, state, or local government agency.

             (4) Subsections (1) (c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

             (5) Except as provided in subsection (3)(b), (c), (((e))) (f), and (((i))) (h) of this section, firearms are not permitted in a public or private school building.

             (((5))) (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.


             Sec. 428. RCW 9.41.290 and 1985 c 428 s 1 are each amended to read as follows:

             The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same ((or lesser)) penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.


             Sec. 429. RCW 9.41.300 and 1993 c 396 s 1 are each amended to read as follows:

             (1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:

             (a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) ((charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii))) held for extradition or as a material witness, or (((iv))) (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

             (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

             In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for ((short firearms)) pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.

             The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;

             (c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or

             (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.

             (2) ((Notwithstanding RCW 9.41.290,)) Cities, towns, counties, and other municipalities may enact laws and ordinances:

             (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

             (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

             (i) Any ((firearm)) pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

             (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

             (3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.

             (b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.

             (4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.

             (5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

             (((4))) (6) Subsection (1) of this section does not apply to:

             (a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

             (b) Law enforcement personnel; or

             (c) Security personnel while engaged in official duties.

             (((5))) (7) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

             (((6))) (8) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

             (((7))) (9) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

             (((8))) (10) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.

             (((9))) (11) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.


             NEW SECTION. Sec. 430. A new section is added to chapter 9.41 RCW to read as follows:

             (1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:

             (a) Require the party to surrender any firearm or other dangerous weapon;

             (b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

             (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

             (d) Prohibit the party from obtaining or possessing a concealed pistol license.

             (2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:

             (a) Require the party to surrender any firearm or other dangerous weapon;

             (b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;

             (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

             (d) Prohibit the party from obtaining or possessing a concealed pistol license.

             (3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.

             (4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

             (5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.

             (6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court.


             NEW SECTION. Sec. 431. A new section is added to chapter 9.41 RCW to read as follows:

             A local governmental entity as defined by RCW 4.96.010(2) may close a firearm range training and practice facility only if the local governmental entity replaces the closed facility with another firearm range training and practice facility of at least equal capacity. A local governmental entity may close more than one firearm range training and practice facility and replace the closed facilities with a single firearm range training and practice facility, if the capacity of the replacement facility is at least as large as the combined capacities of the closed facilities.

             A replacement firearm range training and practice facility must be open for use within thirty days of the closure of the replaced facility or facilities. Further, a replacement firearm range training and practice facility must be available for use by law enforcement personnel or the general public to the same extent as the replaced facility or facilities.


             NEW SECTION. Sec. 432. A new section is added to chapter 9A.56 RCW to read as follows:

             (1) A person is guilty of theft of a firearm if the person:

             (a) Commits a theft of a firearm; or

             (b) Possesses, sells, or delivers a stolen firearm.

             (2) This section applies regardless of the stolen firearm's value.

             (3) "Possession, sale, or delivery of a stolen firearm" as used in this section has the same meaning as "possessing stolen property" in RCW 9A.56.140.

             (4) Theft of a firearm is a class C felony.


             Sec. 433. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:

             (1) A person is guilty of theft in the second degree if he or she commits theft of:

             (a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or

             (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or

             (c) An access device; or

             (d) A motor vehicle, of a value less than one thousand five hundred dollars((; or

             (e) A firearm, of a value less than one thousand five hundred dollars)).

             (2) Theft in the second degree is a class C felony.


             Sec. 434. RCW 9A.56.160 and 1987 c 140 s 4 are each amended to read as follows:

             (1) A person is guilty of possessing stolen property in the second degree if:

             (a) He or she possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or

             (b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or

             (c) He or she possesses a stolen access device; or

             (d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars((; or

             (e) He possesses a stolen firearm)).

             (2) Possessing stolen property in the second degree is a class C felony.


             Sec. 435. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:

             (1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(1)(e) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

             (b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

             (c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

             (2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.

             (b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.


             Sec. 436. RCW 13.64.060 and 1993 c 294 s 6 are each amended to read as follows:

             (1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:

             (a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;

             (b) The right to sue or be sued in his or her own name;

             (c) The right to retain his or her own earnings;

             (d) The right to establish a separate residence or domicile;

             (e) The right to enter into nonvoidable contracts;

             (f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;

             (g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and

             (h) The right to give informed consent for receiving health care services.

             (2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used or the minor is tried in criminal court pursuant to RCW 13.04.030(1)(e)(iv); (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of firearms, and other health and safety regulations relevant to the minor because of the minor's age.


             Sec. 437. RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and amended to read as follows:

             Every person who((:

             (1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of--except a restaurant or dining room, any person under the age of eighteen years; or,

             (2) Shall admit to, or allow to remain in any public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; or,

             (3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,

             (4) Shall)) sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form((; or

             (5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;

             Shall be)) is guilty of a gross misdemeanor.

             It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.


             Sec. 438. RCW 42.17.318 and 1988 c 219 s 2 are each amended to read as follows:

             ((The license applications under RCW 9.41.070 are exempt from the disclosure requirements of this chapter. Copies of license applications or information on the applications may be released to law enforcement or corrections agencies.))

             (1) Except as provided in subsection (3) of this section, the license applications under RCW 9.41.070, alien firearm license applications under RCW 9.41.170, purchase applications under RCW 9.41.090, and records of pistol sales under RCW 9.41.110 shall not be disclosed.

             (2) Except as provided in subsection (3) of this section, information concerning mental health information received by: (a) The department of licensing, under section 404 of this act or RCW 9.41.170; (b) an authority that issues concealed pistol licenses, under section 404 of this act or RCW 9.41.070; (c) a law enforcement agency, under RCW 9.41.090 or 9.41.170; or (d) a court or law enforcement agency under RCW 9.41.097, shall not be disclosed.

             (3)(a) Copies or records of applications for concealed pistol licenses, alien firearm licenses, or to purchase pistols, copies or records of pistol sales, and information on the applications or records may be released to law enforcement or corrections agencies or to the person who is the subject of the information. Information concerning mental health information may be released to law enforcement or corrections agencies. The person who is the subject of mental health information may seek disclosure of the information from the health care provider pursuant to chapter 70.02 RCW.

             (b) Personally identifying information from applications for concealed pistol licenses, applications for alien firearm licenses, applications to purchase pistols, and records of pistol transfers, such as names, addresses (other than zip codes), and social security numbers, shall not be disclosed except as provided in (a) of this subsection. Information other than personally identifying information, concerning applications for concealed pistol licenses or to purchase pistols, or concerning records of pistol sales, may be disclosed to any person upon request.


             Sec. 439. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:

             (1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.

             (2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

             (a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

             (b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

             (c) Each offense for which the department receives notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law.

             (3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.

             (4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.

             (b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.


             Sec. 440. RCW 71.05.450 and 1973 1st ex.s. c 142 s 50 are each amended to read as follows:

             Competency shall not be determined or withdrawn by operation of, or under the provisions of this chapter. Except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, no person shall be presumed incompetent or lose any civil rights as a consequence of receiving evaluation or treatment for mental disorder, either voluntarily or involuntarily, or certification or commitment pursuant to this chapter or any prior laws of this state dealing with mental illness. Any person who leaves a public or private agency following evaluation or treatment for mental disorder shall be given a written statement setting forth the substance of this section.


             Sec. 441. RCW 71.12.560 and 1974 ex.s. c 145 s 1 are each amended to read as follows:

             The person in charge of any private institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged may receive therein as a voluntary patient any person suffering from mental illness or derangement who is a suitable person for care and treatment in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or sanitarium. ((After six months of continuous inpatient treatment as a voluntary)) At the expiration of fourteen continuous days of treatment of a patient voluntarily committed in a private institution, hospital, or sanitarium, if the period of voluntary commitment is to continue, the person in charge shall forward to the office of the department of social and health services a record of the voluntary patient showing the name, residence, ((age)) date of birth, sex, place of birth, occupation, social security number, marital status, date of admission to the institution, hospital, or sanitarium, and such other information as may be required by rule of the department of social and health services.


             Sec. 442. RCW 72.23.080 and 1959 c 28 s 72.23.080 are each amended to read as follows:

             Any person received and detained in a state hospital ((pursuant to RCW 72.23.070 shall be)) under chapter 71.34 RCW is deemed a voluntary patient and, except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, shall not suffer a loss of legal competency by reason of his or her application and admission. Upon the admission of a voluntary patient to a state hospital the superintendent shall immediately forward to the department the record of such patient showing the name, address, sex, ((age)) date of birth, place of birth, occupation, social security number, date of admission, name of nearest relative, and such other information as the department may from time to time require.


             Sec. 443. RCW 77.12.720 and 1990 c 195 s 2 are each amended to read as follows:

             The firearms range account is hereby created in the state general fund. ((Any funds remaining in the firearm range account established by RCW 77.12.195, at the time of its repeal by section 7, chapter 195, Laws of 1990, shall be transferred to the firearms range account established in this section.)) Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.

             Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. Grant funds shall not supplant funds for other organization programs.

             The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All ((ranges)) entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed ((carry permits)) pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.

             Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.

             Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state and the United States internal revenue service. The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.

             Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.

             Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.

             ((Facilities)) Entities receiving grants must ((be)) make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.

             Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education ((training)) classes and firearm safety classes.

             The interagency committee for outdoor recreation shall adopt rules to implement ((this act)) chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW.


             Sec. 444. RCW 77.16.290 and 1980 c 78 s 95 are each amended to read as follows:

             ((While on duty within their respective jurisdictions,)) Law enforcement officers authorized to carry firearms are exempt from RCW 77.16.250 and 77.16.260.


             Sec. 445. RCW 82.04.300 and 1993 sp.s. c 25 s 205 are each amended to read as follows:

             This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.280, and 82.04.290 other than those whose value of products, gross proceeds of sales, or gross income of the business is less than one thousand dollars per month: PROVIDED, That where one person engages in more than one business activity and the combined measures of the tax applicable to such businesses equal or exceed one thousand dollars per month, no exemption or deduction from the amount of tax is allowed by this section.

             A person who is a dealer as defined by RCW 9.41.010 is required to file returns even though no tax may by due. Any other person claiming exemption under the provisions of this section may be required, according to rules adopted by the department, to file returns even though no tax may be due. The department of revenue may allow exemptions, by general rule or regulation, in those instances in which quarterly, semiannual, or annual returns are permitted. Exemptions for such periods shall be equivalent in amount to the total of exemptions for each month of a reporting period.


             Sec. 446. RCW 82.32.030 and 1992 c 206 s 8 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, if any person engages in any business or performs any act upon which a tax is imposed by the preceding chapters, he or she shall, under such rules as the department of revenue shall prescribe, apply for and obtain from the department a registration certificate upon payment of fifteen dollars. Such registration certificate shall be personal and nontransferable and shall be valid as long as the taxpayer continues in business and pays the tax accrued to the state. In case business is transacted at two or more separate places by one taxpayer, a separate registration certificate for each place at which business is transacted with the public shall be required, but, for such additional certificates no additional payment shall be required. Each certificate shall be numbered and shall show the name, residence, and place and character of business of the taxpayer and such other information as the department of revenue deems necessary and shall be posted in a conspicuous place at the place of business for which it is issued. Where a place of business of the taxpayer is changed, the taxpayer must return to the department the existing certificate, and a new certificate will be issued for the new place of business free of charge. No person required to be registered under this section shall engage in any business taxable hereunder without first being so registered. The department, by rule, may provide for the issuance of certificates of registration, without requiring payment, to temporary places of business or to persons who are exempt from tax under RCW 82.04.300.

             (2) Unless the person is a dealer as defined in RCW 9.41.010, registration under this section is not required if the following conditions are met:

             (a) A person's value of products, gross proceeds of sales, or gross income of the business is below the tax reporting threshold provided in RCW 82.04.300;

             (b) The person is not required to collect or pay to the department of revenue any other tax which the department is authorized to collect; and

             (c) The person is not otherwise required to obtain a license subject to the master application procedure provided in chapter 19.02 RCW.


             Sec. 447. RCW 9A.46.050 and 1985 c 288 s 5 are each amended to read as follows:

             A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of section 430 of this act, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.


             Sec. 448. RCW 10.14.080 and 1992 c 143 s 11 are each amended to read as follows:

             (1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.

             (2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

             (3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.

             (4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.

             (5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.

             (6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:

             (a) Restraining the respondent from making any attempts to contact the petitioner;

             (b) Restraining the respondent from making any attempts to keep the petitioner under surveillance; ((and))

             (c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and

             (d) Considering the provisions of section 430 of this act.

             (7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.

             (8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.


             Sec. 449. RCW 10.99.040 and 1992 c 86 s 2 are each amended to read as follows:

             (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

             (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

             (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

             (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

             (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

             (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of section 430 of this act. The no-contact order shall also be issued in writing as soon as possible. ((If the court has probable cause to believe that the person charged or arrested is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require that person to surrender any deadly weapon in that person's immediate possession or control, or subject to that person's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which that person resides or to the defendant's counsel for safekeeping.))

             (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

             (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a misdemeanor. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

             (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

             (c) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer information system in this state which is used by law enforcement agencies to list outstanding warrants.

             (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.


             Sec. 450. RCW 10.99.045 and 1984 c 263 s 23 are each amended to read as follows:

             (1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020(2) shall be required to appear in person before a magistrate within one judicial day after the arrest.

             (2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020(2) and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

             (3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. ((If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, as one of the conditions of pretrial release, the court may require the defendant to surrender any deadly weapon in the defendant's immediate possession or control, or subject to the defendant's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping. The decision of the judge and findings of fact in support thereof shall be in writing.)) The court may include in the order any conditions authorized under section 430 of this act.

             (4) Appearances required pursuant to this section are mandatory and cannot be waived.

             (5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).


             Sec. 451. RCW 26.09.050 and 1989 c 375 s 29 are each amended to read as follows:

             In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in section 430 of this act, and make provision for the change of name of any party.


             Sec. 452. RCW 26.09.060 and 1992 c 229 s 9 are each amended to read as follows:

             (1) In a proceeding for:

             (a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

             (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

             (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

             (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

             (b) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));

             (c) Entering the family home or the home of the other party upon a showing of the necessity therefor;

             (d) Removing a child from the jurisdiction of the court.

             (3) In issuing the order, the court shall consider the provisions of section 430 of this act.

             (4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

             (((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

             (((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

             (((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

             (((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:

             (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

             (b) May be revoked or modified;

             (c) Terminates when the final decree is entered, except as provided under subsection (((8))) (9) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

             (d) May be entered in a proceeding for the modification of an existing decree.

             (((8))) (9) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

             (a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

             (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.


             Sec. 453. RCW 26.10.040 and 1989 c 375 s 31 are each amended to read as follows:

             In entering an order under this chapter, the court shall consider, approve, or make provision for:

             (1) Child custody, visitation, and the support of any child entitled to support;

             (2) The allocation of the children as a federal tax exemption; and

             (3) Any necessary continuing restraining orders, including the provisions contained in section 430 of this act.


             Sec. 454. RCW 26.10.115 and 1989 c 375 s 32 are each amended to read as follows:

             (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.

             (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

             (a) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));

             (b) Entering the family home or the home of the other party upon a showing of the necessity therefor;

             (c) Removing a child from the jurisdiction of the court.

             (3) In issuing the order, the court shall consider the provisions of section 430 of this act.

             (4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

             (((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

             (((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

             (((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

             (((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:

             (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

             (b) May be revoked or modified;

             (c) Terminates when the final order is entered or when the motion is dismissed;

             (d) May be entered in a proceeding for the modification of an existing order.

             (((8))) (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.


             Sec. 455. RCW 26.26.130 and 1989 c 375 s 23 and 1989 c 360 s 18 are each reenacted and amended to read as follows:

             (1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

             (2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

             (3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of section 430 of this act.

             (4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

             (5) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards ((adopted under RCW 26.19.040)) contained in chapter 26.19 RCW.

             (6) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.

             (7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.


             Sec. 456. RCW 26.26.137 and 1983 1st ex.s. c 41 s 12 are each amended to read as follows:

             (1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

             (2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

             (a) Molesting or disturbing the peace of another party;

             (b) Entering the home of another party; or

             (c) Removing a child from the jurisdiction of the court.

             (3) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

             (4) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of section 430 of this act.

             (5) A temporary order, temporary restraining order, or preliminary injunction:

             (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

             (b) May be revoked or modified;

             (c) Terminates when the final order is entered or when the petition is dismissed; and

             (d) May be entered in a proceeding for the modification of an existing order.

             (6) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.


             Sec. 457. RCW 26.50.060 and 1992 c 143 s 2, 1992 c 111 s 4, and 1992 c 86 s 4 are each reenacted and amended to read as follows:

             (1) Upon notice and after hearing, the court may provide relief as follows:

             (a) Restrain the respondent from committing acts of domestic violence;

             (b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;

             (c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

             (d) Order the respondent to participate in batterers' treatment;

             (e) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

             (f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense;

             (g) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; ((and))

             (h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring; and

             (i) Consider the provisions of section 430 of this act.

             (2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year if the restraining order restrains the respondent from contacting the respondent's minor children. If the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children that are not also the respondent's minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either (a) grant relief for a fixed period not to exceed one year; (b) grant relief for a fixed period in excess of one year; or (c) enter a permanent order of protection.

             If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 RCW.

             (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

             (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

             (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

             (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.


             Sec. 458. RCW 26.50.070 and 1992 c 143 s 3 are each amended to read as follows:

             (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

             (a) Restraining any party from committing acts of domestic violence;

             (b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;

             (c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court; ((and))

             (d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

             (e) Considering the provisions of section 430 of this act.

             (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

             (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

             (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 26.50.050 and 26.50.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.


             NEW SECTION. Sec. 459. (1) RCW 19.70.010 and 19.70.020 are each recodified as sections in chapter 9.41 RCW.

             (2) RCW 9.41.160 is recodified in chapter 9.41 RCW to follow RCW 9.41.310.


             NEW SECTION. Sec. 460. The following acts or parts of acts are each repealed:

             (1) RCW 9.41.030 and 1935 c 172 s 3;

             (2) RCW 9.41.093 and 1969 ex.s. c 227 s 2;

             (3) RCW 9.41.095 and 1969 ex.s. c 227 s 3;

             (4) RCW 9.41.130 and 1935 c 172 s 13;

             (5) RCW 9.41.150 and 1989 c 132 s 1, 1961 c 124 s 11, & 1935 c 172 s 15;

             (6) RCW 9.41.180 and 1992 c 7 s 8 & 1909 c 249 s 266;

             (7) RCW 9.41.200 and 1982 c 231 s 2 & 1933 c 64 s 2; and

             (8) RCW 9.41.210 and 1933 c 64 s 3.


PART V. PUBLIC SAFETY


             NEW SECTION. Sec. 501. A new section is added to chapter 74.13 RCW to read as follows:

             The department of social and health services shall maintain a toll-free hotline to assist parents of runaway children. The hotline shall provide parents with a complete description of their rights when dealing with their runaway child.


             NEW SECTION. Sec. 502. A new section is added to chapter 35.21 RCW to read as follows:

             (1) Any city or town has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.

             (2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.


             NEW SECTION. Sec. 503. A new section is added to chapter 35A.11 RCW to read as follows:

             (1) Any code city has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.

             (2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.


             NEW SECTION. Sec. 504. A new section is added to chapter 36.32 RCW to read as follows:

             (1) The legislative authority of any county has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.

             (2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.


             Sec. 505. RCW 13.32A.050 and 1990 c 276 s 5 are each amended to read as follows:

             A law enforcement officer shall take a child into custody:

             (1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

             (2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or

             (3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

             (4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.

              Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

             An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.

             (5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

             (6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.


             Sec. 506. RCW 13.32A.060 and 1985 c 257 s 8 are each amended to read as follows:

             (1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:

             (a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or

             (b) Take the child to the home of an adult extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian:

             (i) If the child ((evinces)) expresses fear or distress at the prospect of being returned to his or her home((; or

             (ii) If the officer believes)) which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or

             (((iii))) (ii) If it is not practical to transport the child to his or her home; or

             (((iv))) (iii) If there is no parent available to accept custody of the child.

             The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.

             (2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody, and shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(4) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.

             (3) "Extended family members" means a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.


             Sec. 507. RCW 13.32A.080 and 1981 c 298 s 6 are each amended to read as follows:

             (1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

             (i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

             (ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

             (iii) Obstructs a law enforcement officer from taking the minor into custody; or

             (iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

             (b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

             (2) Harboring a minor is punishable as a gross misdemeanor ((if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section)).

             (3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.

             (4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

             (a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

             (b) Promoting prostitution as defined in chapter 9A.88 RCW; and

             (c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.


             Sec. 508. RCW 13.32A.130 and 1992 c 205 s 206 are each amended to read as follows:

             A child admitted to a crisis residential center under this chapter who is not returned to the home of his or her parent or who is not placed in an alternative residential placement under an agreement between the parent and child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2), reside in ((such)) the placement under the rules ((and regulations)) established for the center for a period not to exceed five consecutive days from the time of intake, except as otherwise provided by this chapter. Crisis residential center staff shall make a concerted effort to achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the person in charge shall inform the parent and child of (1) the availability of counseling services; (2) the right to file a petition for an alternative residential placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; and (3) the right to request a review of any alternative residential placement((: PROVIDED, That)).

 At no time shall information regarding a parent's or child's rights be withheld if requested((: PROVIDED FURTHER, That)). The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating ((such)) the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of ((such)) the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of ((such)) the statement.


             NEW SECTION. Sec. 509. A new section is added to chapter 43.101 RCW to read as follows:

             The criminal justice training commission shall ensure that every law enforcement agency in the state has an accurate and up-to-date policy manual describing the statutes relating to juvenile runaways.


              Sec. 510. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:


TABLE 2


CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

       XV            Aggravated Murder 1 (RCW 10.95.020)

 

      XIV            Murder 1 (RCW 9A.32.030)

                          Homicide by abuse (RCW 9A.32.055)

 

      XIII            Murder 2 (RCW 9A.32.050)

 

       XII            Assault 1 (RCW 9A.36.011)

                          Assault of a Child 1 (RCW 9A.36.120)

 

         XI            Rape 1 (RCW 9A.44.040)

                          Rape of a Child 1 (RCW 9A.44.073)

 

          X            Kidnapping 1 (RCW 9A.40.020)

                          Rape 2 (RCW 9A.44.050)

                          Rape of a Child 2 (RCW 9A.44.076)

                          Child Molestation 1 (RCW 9A.44.083)

                          Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

                          Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

                          Leading Organized Crime (RCW 9A.82.060(1)(a))

 

         IX            Assault of a Child 2 (RCW 9A.36.130)

                          Robbery 1 (RCW 9A.56.200)

                          Manslaughter 1 (RCW 9A.32.060)

                          Explosive devices prohibited (RCW 70.74.180)

                          Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                          Endangering life and property by explosives with threat to human being (RCW 70.74.270)

                          Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                          Controlled Substance Homicide (RCW 69.50.415)

 

                          Sexual Exploitation (RCW 9.68A.040)

                          Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

 

      VIII            Arson 1 (RCW 9A.48.020)

                          Promoting Prostitution 1 (RCW 9A.88.070)

                          Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                          Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                          Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 

       VII            Burglary 1 (RCW 9A.52.020)

                          Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                          Introducing Contraband 1 (RCW 9A.76.140)

                          Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                          Child Molestation 2 (RCW 9A.44.086)

                          Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                          Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                          Involving a minor in drug dealing (RCW 69.50.401(f))

 

         VI            Bribery (RCW 9A.68.010)

                          Manslaughter 2 (RCW 9A.32.070)

                          Rape of a Child 3 (RCW 9A.44.079)

                          Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                          Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

                          Endangering life and property by explosives with no threat to human being (RCW 70.74.270)

                          Incest 1 (RCW 9A.64.020(1))

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

 

                          Intimidating a Judge (RCW 9A.72.160)

                          Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

 

          V            Criminal Mistreatment 1 (RCW 9A.42.020)

                          Theft of a Firearm (RCW 9A.56.--- (section 432 of this act))

                          Reckless Endangerment 1 (RCW 9A.36.045)

                          Rape 3 (RCW 9A.44.060)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Child Molestation 3 (RCW 9A.44.089)

                          Kidnapping 2 (RCW 9A.40.030)

                          Extortion 1 (RCW 9A.56.120)

                          Incest 2 (RCW 9A.64.020(2))

                          Perjury 1 (RCW 9A.72.020)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

 

         IV            Residential Burglary (RCW 9A.52.025)

                          Theft of Livestock 1 (RCW 9A.56.080)

                          Robbery 2 (RCW 9A.56.210)

                          Assault 2 (RCW 9A.36.021)

                          Escape 1 (RCW 9A.76.110)

                          Arson 2 (RCW 9A.48.030)

                          Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                          Malicious Harassment (RCW 9A.36.080)

                          Threats to Bomb (RCW 9.61.160)

                          Willful Failure to Return from Furlough (RCW 72.66.060)

                          Hit and Run — Injury Accident (RCW 46.52.020(4))

                          Vehicular Assault (RCW 46.61.522)

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))

                          Influencing Outcome of Sporting Event (RCW 9A.82.070)

                          Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                          Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

 

         III            Criminal Mistreatment 2 (RCW 9A.42.030)

                          Extortion 2 (RCW 9A.56.130)

                          Unlawful Imprisonment (RCW 9A.40.040)

                          Assault 3 (RCW 9A.36.031)

                          Assault of a Child 3 (RCW 9A.36.140)

                          Custodial Assault (RCW 9A.36.100)

Unlawful possession of firearm or pistol by felon (RCW 9.41.040)

                          Harassment (RCW 9A.46.020)

                          Promoting Prostitution 2 (RCW 9A.88.080)

                          Willful Failure to Return from Work Release (RCW 72.65.070)

                          Burglary 2 (RCW 9A.52.030)

                          Introducing Contraband 2 (RCW 9A.76.150)

                          Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                          Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                          Escape 2 (RCW 9A.76.120)

                          Perjury 2 (RCW 9A.72.030)

                          Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                          Intimidating a Public Servant (RCW 9A.76.180)

                          Tampering with a Witness (RCW 9A.72.120)

                          Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))

                          Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                          Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                          Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                          Theft of livestock 2 (RCW 9A.56.080)

                          Securities Act violation (RCW 21.20.400)

 

          II            Malicious Mischief 1 (RCW 9A.48.070)

                          Possession of Stolen Property 1 (RCW 9A.56.150)

                          Theft 1 (RCW 9A.56.030)

                          Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

                          Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                          Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

 

                          Computer Trespass 1 (RCW 9A.52.110)

                          ((Reckless Endangerment 1 (RCW 9A.36.045)))

                          Escape from Community Custody (RCW 72.09.310)

 

           I             Theft 2 (RCW 9A.56.040)

                          Possession of Stolen Property 2 (RCW 9A.56.160)

                          Forgery (RCW 9A.60.020)

                          Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                          Vehicle Prowl 1 (RCW 9A.52.095)

                          Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                          Malicious Mischief 2 (RCW 9A.48.080)

                          Reckless Burning 1 (RCW 9A.48.040)

                          Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                          Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                          False Verification for Welfare (RCW 74.08.055)

                          Forged Prescription (RCW 69.41.020)

                          Forged Prescription for a Controlled Substance (RCW 69.50.403)

                          Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))


             Sec. 511. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:

             (1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.

             (2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.

             (3) Reckless endangerment in the first degree is a class ((C)) B felony.


             Sec. 512. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:

 

(1)                                                                               TABLE 1


Sentencing Grid


SERIOUSNESS

SCORE                                                              OFFENDER SCORE

                                                                                                                                  9 or

             0           1           2           3           4           5           6           7           8           more

 

XV       Life Sentence without Parole/Death Penalty

 

XIV      23y4m  24y4m  25y4m  26y4m  27y4m  28y4m  30y4m  32y10m 36y      40y

             240-     250-     261-     271-     281-     291-     312-     338-     370-     411-

             320       333       347       361       374       388       416       450       493       548


XIII      12y       13y       14y       15y       16y       17y       19y       21y       25y       29y

             123-     134-     144-     154-     165-     175-     195-     216-     257-     298-

             164       178       192       205       219       233       260       288       342       397

 

XII       9y         9y11m  10y9m  11y8m  12y6m  13y5m  15y9m  17y3m  20y3m  23y3m

             93-       102-     111-     120-     129-     138-     162-     178-     209-     240-

             123       136       147       160       171       184       216       236       277       318

 

XI        7y6m    8y4m    9y2m    9y11m  10y9m  11y7m  14y2m  15y5m  17y11m 20y5m

             78-       86-       95-       102-     111-     120-     146-     159-     185-     210-

             102       114       125       136       147       158       194       211       245       280

 

X          5y         5y6m    6y         6y6m    7y         7y6m    9y6m    10y6m  12y6m  14y6m

             51-       57-       62-       67-       72-       77-       98-       108-     129-     149-

             68         75         82         89         96         102       130       144       171       198


IX        3y         3y6m    4y         4y6m    5y         5y6m    7y6m    8y6m    10y6m  12y6m

             31-       36-       41-       46-       51-       57-       77-       87-       108-     129-

             41         48         54         61         68         75         102       116       144       171


VIII      2y         2y6m    3y         3y6m    4y         4y6m    6y6m    7y6m    8y6m    10y6m

             21-       26-       31-       36-       41-       46-       67-       77-       87-       108-

             27         34         41         48         54         61         89         102       116       144

 

VII       18m      2y         2y6m    3y         3y6m    4y         5y6m    6y6m    7y6m    8y6m

             15-       21-       26-       31-       36-       41-       57-       67-       77-       87-

             20         27         34         41         48         54         75         89         102       116

 

VI        13m      18m      2y         2y6m    3y         3y6m    4y6m    5y6m    6y6m    7y6m

             12+-     15-       21-       26-       31-       36-       46-       57-       67-       77-

             14        20         27         34         41         48         61         75         89         102

 

V          9m        13m      15m      18m      2y2m    3y2m    4y         5y         6y         7y

             6-         12+-     13-       15-       22-       33-       41-       51-       62-       72-

             12         14         17         20         29         43         54         68         82         96

 

IV        6m        9m        13m      15m      18m      2y2m    3y2m    4y2m    5y2m    6y2m

             3-         6-         12+-     13-       15-       22-       33-       43-       53-       63-

             9           12         14         17         20         29         43         57         70         84


III         2m        5m        8m        11m      14m      20m      2y2m    3y2m    4y2m    5y

             1-         3-         4-         9-         12+-     17-       22-       33-       43-       51-

             3           8           12         12         16         22         29         43         57         68

 

II                       4m        6m        8m        13m      16m      20m      2y2m    3y2m    4y2m

             0-90     2-         3-         4-         12+-     14-       17-       22-       33-       43-

             Days    6           9           12         14         18         22         29         43         57


I                                     3m        4m        5m        8m        13m      16m      20m      2y2m

             0-60     0-90     2-         2-         3-         4-         12+-     14-       17-       22-

             Days    Days    5           6           8           12         14        18         22         29


NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

             (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

             (3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:

             (a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020);

             (b) 18 months for Burglary 1 (RCW 9A.52.020);

             (c) 12 months for ((Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130))) any violent offense except as provided in (a) and (b) of this subsection, Escape 1 (RCW 9A.76.110), ((Kidnapping 2 (RCW 9A.40.030),)) Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.

             (4) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:

             (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;

             (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);

             (c) Twelve months for offenses committed under RCW 69.50.401(d).

             For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

             (5) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.


             NEW SECTION. Sec. 513. A new section is added to chapter 4.24 RCW to read as follows:

             No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of gross negligence.


             NEW SECTION. Sec. 514. A new section is added to chapter 9.91 RCW to read as follows:

             (1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.

             (2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.

             (3) For purposes of this section:

             (a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:

             (i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or

             (ii) Other agent commonly known as mace, pepper mace, or pepper gas.

             (b) "Delivering" means actual, constructive, or attempted transferring from one person to another.

             (4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.


             Sec. 515. RCW 43.20A.090 and 1970 ex.s. c 18 s 7 are each amended to read as follows:

             The secretary shall appoint a deputy secretary, a department personnel director and such assistant secretaries as shall be needed to administer the department. The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40, and 13.50 RCW. The officers appointed under this section, and exempt from the provisions of the state civil service law by the terms of RCW 41.06.076, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.


             NEW SECTION. Sec. 516. A new section is added to chapter 13.40 RCW to read as follows:

             The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.

             The secretary or assistant secretary shall:

             (1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;

             (2) Create by rule a formal system for inmate classification. This classification system shall consider:

             (a) Public safety;

             (b) Internal security and staff safety; and

             (c) Rehabilitative resources both within and outside the department;

             (3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;

             (4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;

             (5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;

             (6) Develop a plan to implement, by July 1, 1995:

             (a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;

             (b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and

             (c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and

             (7) Study, in conjunction with the superintendent of public instruction, educators, and superintendents of state facilities for juvenile offenders, the feasibility and value of consolidating within a single entity the provision of educational services to juvenile offenders committed to state facilities. The assistant secretary shall report his or her findings to the legislature by December 1, 1995.


             NEW SECTION. Sec. 517. A new section is added to chapter 13.40 RCW to read as follows:

             The secretary, assistant secretary, or the secretary's designee shall review the vocational education curriculum, facilities, and teaching personnel in all juvenile residential programs and report to the appropriate committees of the legislature by December 12, 1994. The report shall include an assessment of the number and types of vocational programs currently available, and the status of buildings, teaching personnel, and equipment currently used for vocational training. The report shall also contain an action plan for implementing, by July 1, 1995, a state-wide uniform prevocational and vocational education program, including but not limited to, a projection of the need for the programs for both female and male juvenile offenders, the number of students that could benefit from the programs, projected vocational trade needs, physical plant modifications or building needs, equipment needs, teaching personnel needs, and estimated costs. In addition, the report shall identify how the department can develop vocational programs jointly with trade associations, trade unions, and other state, local, and federal agencies. The department shall also identify businesses and industries potentially interested in working with the program.


             NEW SECTION. Sec. 518. A new section is added to chapter 13.40 RCW to read as follows:

             The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.


             Sec. 519. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

             (((1))) (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

             (((2))) (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170((, as now or hereafter amended));

             (((3))) (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210((, as now or hereafter amended));

             (((4))) (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

             (((5))) (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((as now or hereafter amended,)) unless:

             (((a))) (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((, as now or hereafter amended)); or

             (((b))) (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

             (((c))) (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection (((5)(a) of this section)): PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

             (((6))) (iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

             If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

             (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

             (((7))) (g) Relating to termination of a diversion agreement under RCW 13.40.080 ((as now or hereafter amended)), including a proceeding in which the divertee has attained eighteen years of age; and

             (((8))) (h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

             (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

             (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.


             Sec. 520. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

             (a) A class A felony, or an attempt to commit a class A felony;

             (b) Manslaughter in the first degree; or

             (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon ((or firearm as defined in RCW 9A.04.110));

             (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

             (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to section 545 of this act. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

             (a) Community-based sanctions;

             (b) Community-based rehabilitation;

             (c) Monitoring and reporting requirements;

             (4) Community-based sanctions may include one or more of the following:

             (a) A fine, not to exceed one hundred dollars;

             (b) Community service not to exceed one hundred fifty hours of service;

             (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

             (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

             (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court ((and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds));

             (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

             (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

             (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

             (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;

             (10) "Department" means the department of social and health services;

             (11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

             (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

             (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

             (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

             (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

             (16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

             (17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

             (18) "Minor or first offender" means a person ((sixteen years of age or younger)) whose current offense(s) and criminal history fall entirely within one of the following categories:

             (a) Four misdemeanors;

             (b) Two misdemeanors and one gross misdemeanor;

             (c) One misdemeanor and two gross misdemeanors; and

             (d) Three gross misdemeanors((;

             (e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;

             (f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree)).

             For purposes of this definition, current violations shall be counted as misdemeanors;

             (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

             (20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

             (21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

             (22) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

             (23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

             (24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

             (25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

             (26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

             (27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

             (28) "Violent offense" means a violent offense as defined in RCW 9.94A.030.


             Sec. 521. RCW 13.40.0354 and 1989 c 407 s 6 are each amended to read as follows:

             The total current offense points for use in the standards range matrix of schedules D-1, D-2, and D-3 are computed as follows:

             (1) The disposition offense category is determined by the offense of conviction. Offenses are divided into ten levels of seriousness, ranging from low (seriousness level E) to high (seriousness level A+), see schedule A, RCW 13.40.0357.

             (2) The prior offense increase factor is summarized in schedule B, RCW 13.40.0357. The increase factor is determined for each prior offense by using the time span and the offense category in the prior offense increase factor grid. Time span is computed from the date of the prior offense to the date of the current offense. The total increase factor is determined by totalling the increase factors for each prior offense and adding a constant factor of 1.0.

             (3) The current offense points are summarized in schedule C, RCW 13.40.0357. The current offense points are determined for each current offense by locating the juvenile's age on the horizontal axis and using the offense category on the vertical axis. The juvenile's age is determined as of the time of the current offense and is rounded down to the nearest whole number.

             (4) The total current offense points are determined for each current offense by multiplying the total increase factor by the current offense points. The total current offense points are rounded down to the nearest whole number.

             (5) All current offense points calculated in schedules D-1, D-2, and D-3 shall be increased by a factor of five percent if the offense is committed by a juvenile who is in a program of parole under this chapter.


             Sec. 522. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:


SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY


                                                                                                                                                JUVENILE

JUVENILE                                                                                                                             DISPOSITION

DISPOSITION                                                                                                          CATEGORY FOR ATTEMPT,

             OFFENSE                                                                                                    BAILJUMP, CONSPIRACY,

CATEGORY    DESCRIPTION (RCW CITATION)                                                           OR SOLICITATION

_______________.


                                       Arson and Malicious Mischief

             A                       Arson 1 (9A.48.020)                                                                                    B+

             B                       Arson 2 (9A.48.030)                                                                                    C

             C                       Reckless Burning 1 (9A.48.040)                                                     D

             D                       Reckless Burning 2 (9A.48.050)                                                     E

             B                       Malicious Mischief 1 (9A.48.070)                                                               C

             C                       Malicious Mischief 2 (9A.48.080)                                                               D

             D                       Malicious Mischief 3 (<$50 is

                                       E class) (9A.48.090)                                                                                    E

             E                       Tampering with Fire Alarm

                                       Apparatus (9.40.100)                                                                                   E

             A                       Possession of Incendiary Device

                                       (9.40.120)                                                                                                     B+


                                       Assault and Other Crimes

                                       Involving Physical Harm

             A                       Assault 1 (9A.36.011)                                                                                  B+

             B+                     Assault 2 (9A.36.021)                                                                                  C+

             C+                     Assault 3 (9A.36.031)                                                                                  D+

             D+                     Assault 4 (9A.36.041)                                                                                  E

             D+                     Reckless Endangerment

                                       (9A.36.050)                                                                                                  E

             C+                     Promoting Suicide Attempt

                                       (9A.36.060)                                                                                                  D+

             D+                     Coercion (9A.36.070)                                                                                  E

             C+                     Custodial Assault (9A.36.100)                                                                     D+


                                       Burglary and Trespass

             B+                     Burglary 1 (9A.52.020)                                                                   C+

             B                       Burglary 2 (9A.52.030)                                                                   C

             D                       Burglary Tools (Possession of)

                                       (9A.52.060)                                                                                                  E

             D                       Criminal Trespass 1 (9A.52.070)                                                    E

             E                       Criminal Trespass 2 (9A.52.080)                                                    E

             D                       Vehicle Prowling (9A.52.100)                                                                     E


                                       Drugs

             E                       Possession/Consumption of Alcohol

                                       (66.44.270)                                                                                                   E

             C                       Illegally Obtaining Legend Drug

                                       (69.41.020)                                                                                                   D

             C+                     Sale, Delivery, Possession of Legend

                                       Drug with Intent to Sell

                                       (69.41.030)                                                                                                   D+

             E                       Possession of Legend Drug

                                       (69.41.030)                                                                                                   E

             B+                     Violation of Uniform Controlled

                                       Substances Act - Narcotic Sale

                                       (69.50.401(a)(1)(i))                                                                                      B+

             C                       Violation of Uniform Controlled

                                       Substances Act - Nonnarcotic Sale

                                       (69.50.401(a)(1)(ii))                                                                                     C

             E                       Possession of Marihuana <40 grams

                                       (69.50.401(e))                                                                                              E

             C                       Fraudulently Obtaining Controlled

                                       Substance (69.50.403)                                                                                  C

             C+                     Sale of Controlled Substance

                                       for Profit (69.50.410)                                                                                   C+

             E                       ((Glue Sniffing (9.47A.050)))                                                                      E

                                       Unlawful Inhalation (9.47A.020)

             B                       Violation of Uniform Controlled

                                       Substances Act - Narcotic

                                       Counterfeit Substances

                                       (69.50.401(b)(1)(i))                                                                                      B

             C                       Violation of Uniform Controlled

                                       Substances Act - Nonnarcotic

                                       Counterfeit Substances

                                       (69.50.401(b)(1) (ii), (iii), (iv))                                                                    C

             C                       Violation of Uniform Controlled

                                       Substances Act - Possession of a

                                       Controlled Substance

                                       (69.50.401(d))                                                                                              C

             C                       Violation of Uniform Controlled

                                       Substances Act - Possession of a

                                       Controlled Substance

                                       (69.50.401(c))                                                                                              C


                                       Firearms and Weapons

             ((C+                  Committing Crime when Armed

                                       (9.41.025)                                                                                                     D+))

             E                       Carrying Loaded Pistol Without

                                       Permit (9.41.050)                                                                                         E

             ((E)) C ((Use)) Possession of Firearms by

                                       Minor (((<14))) (<18)

                                       (((9.41.240))) (9.41.040(1)(e))                                                                     ((E)) C

             D+                     Possession of Dangerous Weapon

                                       (9.41.250)                                                                                                     E

             D                       Intimidating Another Person by use

                                       of Weapon (9.41.270)                                                                                  E


                                       Homicide

             A+                     Murder 1 (9A.32.030)                                                                                  A

             A+                     Murder 2 (9A.32.050)                                                                                  B+

             B+                     Manslaughter 1 (9A.32.060)                                                                        C+

             C+                     Manslaughter 2 (9A.32.070)                                                                        D+

             B+                     Vehicular Homicide (46.61.520)                                                    C+


                                       Kidnapping

             A                       Kidnap 1 (9A.40.020)                                                                                  B+

             B+                     Kidnap 2 (9A.40.030)                                                                                  C+

             C+                     Unlawful Imprisonment

                                       (9A.40.040)                                                                                                  D+

             ((D                    Custodial Interference

                                       (9A.40.050)                                                                                                  E))


                                       Obstructing Governmental Operation

             E                       Obstructing a Public Servant

                                       (9A.76.020)                                                                                                  E

             E                       Resisting Arrest (9A.76.040)                                                                       E

             B                       Introducing Contraband 1

                                       (9A.76.140)                                                                                                  C

             C                       Introducing Contraband 2

                                       (9A.76.150)                                                                                                  D

             E                       Introducing Contraband 3

                                       (9A.76.160)                                                                                                  E

             B+                     Intimidating a Public Servant

                                       (9A.76.180)                                                                                                  C+

             B+                     Intimidating a Witness

                                       (9A.72.110)                                                                                                  C+

             ((E                     Criminal Contempt

                                       (9.23.010)                                                                                                     E))


                                       Public Disturbance

             C+                     Riot with Weapon (9A.84.010)                                                                    D+

             D+                     Riot Without Weapon

                                       (9A.84.010)                                                                                                  E

             E                       Failure to Disperse (9A.84.020)                                                      E

             E                       Disorderly Conduct (9A.84.030)                                                    E


                                       Sex Crimes

             A                       Rape 1 (9A.44.040)                                                                                      B+

             A-                     Rape 2 (9A.44.050)                                                                                      B+

             C+                     Rape 3 (9A.44.060)                                                                                      D+

             A-                     Rape of a Child 1 (9A.44.073)                                                                     B+

             B                       Rape of a Child 2 (9A.44.076)                                                                     C+

             B                       Incest 1 (9A.64.020(1))                                                                   C

             C                       Incest 2 (9A.64.020(2))                                                                   D

             D+                     ((Public Indecency)) Indecent Exposure

                                       (Victim <14) (9A.88.010)                                                                            E

             E                       ((Public Indecency)) Indecent Exposure

                                       (Victim 14 or over) (9A.88.010)                                                     E

             B+                     Promoting Prostitution 1

                                       (9A.88.070)                                                                                                  C+

             C+                     Promoting Prostitution 2

                                       (9A.88.080)                                                                                                  D+

             E                       O & A (Prostitution) (9A.88.030)                                                   E

             B+                     Indecent Liberties (9A.44.100)                                                                    C+

             B+                     Child Molestation 1 (9A.44.083)                                                    C+

             C+                     Child Molestation 2 (9A.44.086)                                                    C


                                       Theft, Robbery, Extortion, and Forgery

             B                       Theft 1 (9A.56.030)                                                                                     C

             C                       Theft 2 (9A.56.040)                                                                                     D

             D                       Theft 3 (9A.56.050)                                                                                     E

             B                       Theft of Livestock (9A.56.080)                                                      C

             C                       Forgery (((9A.56.020))) (9A.60.020)                                                           D

             A                       Robbery 1 (9A.56.200)                                                                   B+

             B+                     Robbery 2 (9A.56.210)                                                                   C+

             B+                     Extortion 1 (9A.56.120)                                                                  C+

             C+                     Extortion 2 (9A.56.130)                                                                  D+

             B                       Possession of Stolen Property 1

                                       (9A.56.150)                                                                                                  C

             C                       Possession of Stolen Property 2

                                       (9A.56.160)                                                                                                  D

             D                       Possession of Stolen Property 3

                                       (9A.56.170)                                                                                                  E

             C                       Taking Motor Vehicle Without

                                       Owner's Permission (9A.56.070)                                                    D


                                       Motor Vehicle Related Crimes

             E                       Driving Without a License

                                       (46.20.021)                                                                                                   E

             C                       Hit and Run - Injury

                                       (46.52.020(4))                                                                                              D

             D                       Hit and Run-Attended

                                       (46.52.020(5))                                                                                              E

             E                       Hit and Run-Unattended

                                       (46.52.010)                                                                                                   E

             C                       Vehicular Assault (46.61.522)                                                                     D

             C                       Attempting to Elude Pursuing

                                       Police Vehicle (46.61.024)                                                                           D

             E                       Reckless Driving (46.61.500)                                                                      E

             D                       Driving While Under the Influence

                                       (46.61.515)                                                                                                   E

             ((B+                  Negligent Homicide by Motor

                                       Vehicle (46.61.520)                                                                                     C+))

             D                       Vehicle Prowling (9A.52.100)                                                                     E

             C                       Taking Motor Vehicle Without

                                       Owner's Permission (9A.56.070)                                                    D


                                       Other

             B                       Bomb Threat (9.61.160)                                                                  C

             C                       Escape 11 (9A.76.110)                                                                                 C

             C                       Escape 21 (9A.76.120)                                                                                 C

             D                       Escape 3 (9A.76.130)                                                                                   E

             C                       Failure to Appear in Court

                                       (10.19.130)                                                                                                   D

             ((E                     Tampering with Fire Alarm

                                       Apparatus (9.40.100)                                                                                   E))

             E                       Obscene, Harassing, Etc.,

                                       Phone Calls (9.61.230)                                                                                 E

             A                       Other Offense Equivalent to an

                                       Adult Class A Felony                                                                                   B+

             B                       Other Offense Equivalent to an

                                       Adult Class B Felony                                                                                   C

             C                       Other Offense Equivalent to an

                                       Adult Class C Felony                                                                                   D

             D                       Other Offense Equivalent to an

                                       Adult Gross Misdemeanor                                                                           E

             E                       Other Offense Equivalent to an

                                       Adult Misdemeanor                                                                                     E

             V                       Violation of Order of Restitution,

                                       Community Supervision, or

                                       Confinement (13.40.200)2                                                                           V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:


             1st escape or attempted escape during 12-month period - 4 weeks confinement

             2nd escape or attempted escape during 12-month period - 8 weeks confinement

             3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement


2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.



SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR


             For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


TIME SPAN


OFFENSE                                   0-12                                             13-24                                           25 Months

CATEGORY                              Months                           Months                           or More

______________.....

             A+                                  .9                                                 .9                                                 .9

             A                                    .9                                                 .8                                                 .6

             A-                                   .9                                                 .8                                                 .5

             B+                                  .9                                                 .7                                                 .4

             B                                    .9                                                 .6                                                 .3

             C+                                  .6                                                 .3                                                 .2

             C                                    .5                                                 .2                                                 .2

             D+                                  .3                                                 .2                                                 .1

             D                                    .2                                                 .1                                                 .1

             E                                    .1                                                 .1                                                 .1


Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).



SCHEDULE C

CURRENT OFFENSE POINTS


             For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


AGE


OFFENSE        12 &

CATEGORY    Under                13                      14                      15                      16                      17

_____________..........

             A+                                  STANDARD RANGE 180-224 WEEKS

             A          250                    300                    350                    375                    375                    375

             A-        150                    150                    150                    200                    200                    200

             B+        110                    110                    120                    130                    140                    150

             B          45                      45                      50                      50                      57                      57

             C+        44                      44                      49                      49                      55                      55

             C          40                      40                      45                      45                      50                      50

             D+       16                      18                      20                      22                      24                      26

             D          14                      16                      18                      20                      22                      24

             E          4                        4                        4                        6                        8                        10


JUVENILE SENTENCING STANDARDS

SCHEDULE D-1


This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.


MINOR/FIRST OFFENDER

OPTION A

STANDARD RANGE


                                                                                           Community

                                       Community

                                                                                           Service

Points                             Supervision                                 Hours                                          Fine


1-9                                 0-3 months                                  and/or 0-8                                   and/or 0-$10

10-19                              0-3 months                                  and/or 0-8                                   and/or 0-$10

20-29                              0-3 months                                  and/or 0-16                                 and/or 0-$10

30-39                              0-3 months                                  and/or 8-24                                 and/or 0-$25

40-49                              3-6 months                                  and/or 16-32                               and/or 0-$25

50-59                              3-6 months                                  and/or 24-40                               and/or 0-$25

60-69                              6-9 months                                  and/or 32-48                               and/or 0-$50

70-79                              6-9 months                                  and/or 40-56                               and/or 0-$50

80-89                              9-12 months                                and/or 48-64                               and/or 10-$100

90-109                            9-12 months                                and/or 56-72                               and/or 10-$100


OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine


A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.


OR


OPTION C

MANIFEST INJUSTICE


When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.



JUVENILE SENTENCING STANDARDS

SCHEDULE D-2


This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.


MIDDLE OFFENDER


OPTION A

STANDARD RANGE


                                                                                           Community

                                       Community                                 Service                                                           Confinement

Points                             Supervision                                 Hours                           Fine                            Days Weeks

_______________....

1-9                                 0-3 months                                  and/or 0-8                     and/or 0-$10                     and/or 0

10-19                              0-3 months                                  and/or 0-8                     and/or 0-$10                     and/or 0

20-29                              0-3 months                                  and/or 0-16                   and/or 0-$10                     and/or 0

30-39                              0-3 months                                  and/or 8-24                   and/or 0-$25                 and/or 2-4

40-49                              3-6 months                                  and/or 16-32                 and/or 0-$25                 and/or 2-4

50-59                              3-6 months                                  and/or 24-40                 and/or 0-$25               and/or 5-10

60-69                              6-9 months                                  and/or 32-48                 and/or 0-$50               and/or 5-10

70-79                              6-9 months                                  and/or 40-56                 and/or 0-$50             and/or 10-20

80-89                              9-12 months                                and/or 48-64                 and/or 0-$100            and/or 10-20

90-109                            9-12 months                                and/or 56-72                 and/or 0-$100            and/or 15-30

110-129                                                                                                                                                                   8-12

130-149                                                                                                                                                                 13-16

150-199                                                                                                                                                                 21-28

200-249                                                                                                                                                                 30-40

250-299                                                                                                                                                                 52-65

300-374                                                                                                                                                               80-100

375+                                                                                                                                                                  103-129



Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks


OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine


The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150((, as now or hereafter amended)).


OR


OPTION C

MANIFEST INJUSTICE


If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.


JUVENILE SENTENCING STANDARDS

SCHEDULE D-3


This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.


SERIOUS OFFENDER

OPTION A

STANDARD RANGE


                          Points                                                                                                           Institution Time


                          0-129                                                                                                            8-12 weeks

                          130-149                                                                                                        13-16 weeks

                          150-199                                                                                                        21-28 weeks

                          200-249                                                                                                        30-40 weeks

                          250-299                                                                                                        52-65 weeks

                          300-374                                                                                                        80-100 weeks

                          375+                                                                                                             103-129 weeks

                          All A+

                          Offenses                                                                                                       180-224 weeks


OR


OPTION B

MANIFEST INJUSTICE


A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.


             Sec. 523. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:

             (1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.

             If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 ((as now or hereafter amended)).

             (2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 ((as now or hereafter amended)).

             (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) ((as now or hereafter amended)).

             (4) If a respondent is found to be a middle offender:

             (a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section: PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

             (b) The court shall impose a disposition under (a) of this subsection, which shall be suspended, and shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150 ((as now or hereafter amended)). If the offender violates any condition of the disposition, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

             (c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             (d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 ((as now or hereafter amended)).

             (5) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

             The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

             The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (a)(i) Frequency and type of contact between the offender and therapist;

             (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

             (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

             (iv) Anticipated length of treatment; and

             (v) Recommended crime-related prohibitions.

             The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

             After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, and the court may suspend the execution of the disposition and place the offender on community supervision for up to two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

             (b)(i) Devote time to a specific education, employment, or occupation;

             (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

             (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

             (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

             (v) Report as directed to the court and a probation counselor;

             (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or

             (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.

             The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

             At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

             Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.

             If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the ((sentence)) disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

             For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (6) Section 525 of this act shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(e) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

             (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

             (((7))) (8) Except as provided for in subsection (5) of this section, the court shall not suspend or defer the imposition or the execution of the disposition.

             (((8))) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.


             Sec. 524. RCW 13.40.185 and 1981 c 299 s 15 are each amended to read as follows:

             (1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department. If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.

             (2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary, assistant secretary, or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed. The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.


             NEW SECTION. Sec. 525. A new section is added to chapter 13.40 RCW to read as follows:

             (1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(e), the court shall impose a determinate disposition of ten days of confinement and up to twelve months of community supervision. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement.

             (2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. Ninety days of confinement shall be added to the entire standard range disposition of confinement if the offender or an accomplice was armed with a firearm when the offender committed: (a) Any violent offense; or (b) escape in the first degree; burglary in the second degree; theft of livestock in the first or second degree; or any felony drug offense. If the offender or an accomplice was armed with a firearm and the offender is being adjudicated for an anticipatory felony offense under chapter 9A.28 RCW to commit one of the offenses listed in this subsection, ninety days shall be added to the entire standard range disposition of confinement. The ninety days shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357. The department shall not release the offender until the offender has served a minimum of ninety days in confinement, unless the juvenile is committed to and successfully completes the juvenile offender basic training camp disposition option.

             (3) Option B of schedule D-2, RCW 13.40.0357, shall not be available for middle offenders who receive a disposition under this section. When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.

             (4) Any term of confinement ordered pursuant to this section may run concurrently to any term of confinement imposed in the same disposition for other offenses.


             NEW SECTION. Sec. 526. A new section is added to chapter 13.40 RCW to read as follows:

             A prosecutor may file a special allegation that the offender or an accomplice was armed with a firearm when the offender committed the alleged offense. If a special allegation has been filed and the court finds that the offender committed the alleged offense, the court shall also make a finding whether the offender or an accomplice was armed with a firearm when the offender committed the offense.


             Sec. 527. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:

             (1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, ((as now or hereafter amended,)) set a release or discharge date for each juvenile committed to its custody ((which)). The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in section 532 of this act concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((: PROVIDED, That)). Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

             (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the ((end of each calendar year)) time of release if any such early releases have occurred ((during that year)) as a result of excessive in-residence population. In no event shall ((a serious)) an offender((, as defined in RCW 13.40.020(1))) adjudicated of a violent offense be granted release under the provisions of this subsection.

             (3) Following the juvenile's release ((pursuant to)) under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; and (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address((; and (e) refrain from committing new offenses)). After termination of the parole period, the juvenile shall be discharged from the department's supervision.

             (4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (((a))) (i) Continued supervision under the same conditions previously imposed; (((b))) (ii) intensified supervision with increased reporting requirements; (((c))) (iii) additional conditions of supervision authorized by this chapter; (((d))) (iv) except as provided in (((e))) (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (((e))) (v) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

             (b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

             (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest ((such)) the person.

             (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.


             Sec. 528. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:

             (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.

             (2) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

             (3) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.


             Sec. 529. RCW 13.40.220 and 1993 c 466 s 1 are each amended to read as follows:

             (1) Whenever legal custody of a child is vested in someone other than his or her parents, under this chapter, and not vested in the department of social and health services, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum representing in whole or in part the costs of support, treatment, and confinement of the child after the decree is entered.

             (2) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.

             (3) Whenever legal custody of a child is vested in the department ((of social and health services, after due notice to)) under this chapter, the parents or other persons legally obligated to care for and support the child((, and after a hearing, the court shall order and decree that the parent or other legally obligated person shall pay for)) shall be liable for the costs of support, treatment, and confinement of the child ((after the decree is entered, following the department of social and health services)), in accordance with the department's reimbursement of cost schedule. ((The department of social and health services shall collect the debt in accordance with chapter 43.20B RCW. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.

             (3) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.)) The department shall adopt a reimbursement of cost schedule based on the costs of providing such services, and shall determine an obligation based on the responsible parents' or other legally obligated person's ability to pay. The department is authorized to adopt additional rules as appropriate to enforce this section.

             (4) To enforce subsection (3) of this section, the department shall serve on the parents or other person legally obligated to care for and support the child a notice and finding of financial responsibility requiring the parents or other legally obligated person to appear and show cause in an adjudicative proceeding why the finding of responsibility and/or the amount thereof is incorrect and should not be ordered. This notice and finding shall relate to the costs of support, treatment, and confinement of the child in accordance with the department's reimbursement of cost schedule adopted under this section, including periodic payments to be made in the future. The hearing shall be held pursuant to chapter 34.05 RCW, the administrative procedure act, and the rules of the department.

             (5) The notice and finding of financial responsibility shall be served in the same manner prescribed for the service of a summons in a civil action or may be served on the parent or legally obligated person by certified mail, return receipt requested. The receipt shall be prima facie evidence of service.

             (6) If the parents or other legally obligated person objects to the notice and finding of financial responsibility, then an application for an adjudicative hearing may be filed within twenty days of the date of service of the notice. If an application for an adjudicative proceeding is filed, the presiding or reviewing officer shall determine the past liability and responsibility, if any, of the parents or other legally obligated person and shall also determine the amount of periodic payments to be made in the future. If the parents or other legally responsible person fails to file an application within twenty days, the notice and finding of financial responsibility shall become a final administrative order.

             (7) Debts determined pursuant to this section are subject to collection action without further necessity of action by a presiding or reviewing officer. The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, 74.20A.060, and 74.20A.070. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.

             (8) An administrative order entered pursuant to this section shall supersede any court order entered prior to the effective date of this section.

             (9) The department shall be subrogated to the right of the child and his or her parents or other legally responsible person to receive support payments for the benefit of the child from any parent or legally obligated person pursuant to a support order established by a superior court or pursuant to RCW 74.20A.055. The department's right of subrogation under this section is limited to the liability established in accordance with its cost schedule for support, treatment, and confinement, except as addressed in subsection (10) of this section.

             (10) Nothing in this section precludes the department from recouping such additional support payments from the child's parents or other legally obligated person as required to qualify for receipt of federal funds. The department may adopt such rules dealing with liability for recoupment of support, treatment, or confinement costs as may become necessary to entitle the state to participate in federal funds unless such rules would be expressly prohibited by law. If any law dealing with liability for recoupment of support, treatment, or confinement costs is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds, such conflicting law is declared to be inoperative solely to the extent of the conflict.


             Sec. 530. RCW 13.40.300 and 1986 c 288 s 6 are each amended to read as follows:

             (1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in a juvenile correctional institution beyond the juvenile offender's twenty-first birthday. A juvenile may be under the jurisdiction of the juvenile court or the authority of the department of social and health services beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday:

             (a) Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday;

             (b) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition; or

             (c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition. If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthday.

             (2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.

             (3) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday except for the purpose of enforcing an order of restitution.

             (4) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older.


             NEW SECTION. Sec. 531. The legislature finds that the number of juvenile offenders and the severity of their crimes is increasing rapidly state-wide. In addition, many juvenile offenders continue to reoffend after they are released from the juvenile justice system causing disproportionately high and expensive rates of recidivism.

             The legislature further finds that juvenile criminal behavior is often the result of a lack of self-discipline, the lack of systematic work habits and ethics, the inability to deal with authority figures, and an unstable or unstructured living environment. The legislature further finds that the department of social and health services currently operates an insufficient number of confinement beds to meet the rapidly growing juvenile offender population. Together these factors are combining to produce a serious public safety hazard and the need to develop more effective and stringent juvenile punishment and rehabilitation options.

             The legislature intends that juvenile offenders who enter the state rehabilitation system have the opportunity and are given the responsibility to become more effective participants in society by enhancing their personal development, work ethics, and life skills. The legislature recognizes that structured incarceration programs for juvenile offenders such as juvenile offender basic training camps, can instill the self-discipline, accountability, self-esteem, and work ethic skills that could discourage many offenders from returning to the criminal justice system. Juvenile offender basic training camp incarceration programs generally emphasize life skills training, prevocational work skills training, anger management, dealing with difficult at-home family problems and/or abuses, discipline, physical training, structured and intensive work activities, and educational classes. The legislature further recognizes that juvenile offenders can benefit from a highly structured basic training camp environment and the public can also benefit through increased public protection and reduced cost due to lowered rates of recidivism.


             NEW SECTION. Sec. 532. A new section is added to chapter 13.40 RCW to read as follows:

             (1) The department of social and health services shall establish and operate a medium security juvenile offender basic training camp program. The department shall site a juvenile offender basic training camp facility in the most cost-effective facility possible and shall review the possibility of using an existing abandoned and/or available state, federally, or military-owned site or facility.

             (2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp, notwithstanding the provisions of RCW 41.06.380. Requests for proposals from possible contractors shall not call for payment on a per diem basis.

             (3) The juvenile offender basic training camp shall accommodate at least seventy offenders. The beds shall count as additions to, and not be used as replacements for, existing bed capacity at existing department of social and health services juvenile facilities.

             (4) The juvenile offender basic training camp shall be a structured and regimented model lasting one hundred twenty days emphasizing the building up of an offender's self-esteem, confidence, and discipline. The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training. The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.

             The department shall adopt rules for the safe and effective operation of the juvenile offender basic training camp program, standards for an offender's successful program completion, and rules for the continued after-care supervision of offenders who have successfully completed the program.

             (5) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of at least fifty-two weeks but not more than seventy-eight weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.

             (6) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program. The department shall evaluate the offender and may place the offender in the program. No juvenile who suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.

             (7) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend the first one hundred twenty days of their disposition in a juvenile offender basic training camp. If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to rules adopted by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.

             (8) All offenders who successfully graduate from the one hundred twenty day juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a division of juvenile rehabilitation intensive aftercare program in the local community. The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the program shall develop a process for closely monitoring and assessing public safety risks. The intensive aftercare program shall be designed and funded by the department of social and health services.

             (9) The department shall also develop and maintain a data base to measure recidivism rates specific to this incarceration program. The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program. The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program. The department shall produce an outcome evaluation report on the progress of the juvenile offender basic training camp program to the appropriate committees of the legislature no later than December 12, 1996.


             NEW SECTION. Sec. 533. A new section is added to chapter 9.94A RCW to read as follows:

             The department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determination that the person would, may require such successful participation as a condition for eligibility to obtain early release from the confines of a correctional facility.

             The department shall adopt rules and procedures to administer this section.


             Sec. 534. RCW 72.09.111 and 1993 sp.s. c 20 s 2 are each amended to read as follows:

             (1) The secretary shall deduct from the gross wages or gratuities of each inmate working in ((class I or class II)) correctional industries work programs, ((or of any inmate earning more than the state minimum wage, other than an inmate under the jurisdiction of the division of community corrections,)) taxes and legal financial obligations. ((Following the deductions for legal financial obligations and taxes, deductions from the remaining wages or gratuities shall be)) The secretary shall develop a formula for the distribution of offender wages and gratuities.

             (a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

             (((a) Ten)) (i) Five percent to the public safety and education account for the purpose of crime victims' compensation;

             (((b))) (ii) Ten percent to a department personal inmate savings account ((until such account has a balance of at least nine hundred fifty dollars)); and

             (((c) Thirty)) (iii) Twenty percent to the department to contribute to the cost of incarceration.

             (b) The formula shall include the following minimum deductions from class II gross gratuities:

             (i) Five percent to the public safety and education account for the purpose of crime victims' compensation;

             (ii) Ten percent to a department personal inmate savings account; and

             (iii) Fifteen percent to the department to contribute to the cost of incarceration.

             (c) The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.

             (d) The formula shall include the following minimum deductions from class III gratuities: Five percent for the purpose of crime victims' compensation.

             Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection((, but shall have a forty percent deduction taken under (c) of this subsection)).

             The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement((. Once the department personal inmate savings account for an inmate has a balance of at least nine hundred fifty dollars, the ten percent deduction shall continue to be taken and be used to contribute to the cost of incarceration)), unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

             In the event that the offender worker's wages or gratuity is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

             (2) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

             (3) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration ((under subsection (1)(c) of this section)) shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs until December 31, 2000, and thereafter all such funds shall be deposited in the general fund.

             (4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

             (a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

             (b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

             (c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

             (d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

             (e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

             (f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.

             (5) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.


             Sec. 535. RCW 72.09.070 and 1993 sp.s. c 20 s 3 are each amended to read as follows:

             (1) There is created a correctional industries board of directors which shall have the composition provided in RCW 72.09.080.

             (2) Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and implement policy for correctional industries programs designed to:

             (a) Offer inmates meaningful employment, work experience, and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon their release from custody;

             (b) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;

             (c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;

             (d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;

             (e) Develop and design correctional industries work programs;

             (f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the impact on in-state jobs and businesses.

             (3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.

             (4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.

             (5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs. The secretary shall appoint the members of the committees.

             Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.

             (6) The board shall develop a strategic yearly marketing plan that shall be consistent with and work towards achieving the goals established in the six-year phased expansion of class I and class II correctional industries established in RCW 72.09.111. This marketing plan shall be presented to the appropriate committees of the legislature by January 17 of each calendar year until the goals set forth in RCW 72.09.111 are achieved.


             NEW SECTION. Sec. 536. Section 534 of this act shall take effect June 30, 1994.


             Sec. 537. RCW 26.12.010 and 1991 c 367 s 11 are each amended to read as follows:

             (1) Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.

             (2) Superior court judges of a county may by majority vote, grant to the family court the power, authority, and jurisdiction, concurrent with the juvenile court, to hear and decide cases under Title 13 RCW.


             Sec. 538. RCW 13.04.021 and 1988 c 232 s 3 are each amended to read as follows:

             (1) The juvenile court shall be a division of the superior court. In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under chapter 13.34 RCW or any other case under Title 13 RCW as provided in RCW 26.12.010, and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.

             (2) Cases in the juvenile court shall be tried without a jury.


             Sec. 539. RCW 72.76.010 and 1989 c 177 s 3 are each amended to read as follows:

             The Washington intrastate corrections compact is enacted and entered into on behalf of this state by the department with any and all counties of this state legally joining in a form substantially as follows:


WASHINGTON INTRASTATE CORRECTIONS

COMPACT


A compact is entered into by and among the contracting counties and the department of corrections, signatories hereto, for the purpose of maximizing the use of existing resources and to provide adequate facilities and programs for the confinement, care, treatment, and employment of offenders.

             The contracting counties and the department do solemnly agree that:

             (1) As used in this compact, unless the context clearly requires otherwise:

             (a) "Department" means the Washington state department of corrections.

             (b) "Secretary" means the secretary of the department of corrections or designee.

             (c) "Compact jurisdiction" means the department of corrections or any county of the state of Washington which has executed this compact.

             (d) "Sending jurisdiction" means a county party to this agreement or the department of corrections to whom the courts have committed custody of the offender.

             (e) "Receiving jurisdiction" means the department of corrections or a county party to this agreement to which an offender is sent for confinement.

             (f) "Offender" means a person who has been charged with and/or convicted of an offense established by applicable statute or ordinance.

             (g) "Convicted felony offender" means a person who has been convicted of a felony established by state law and is eighteen years of age or older, or who is less than eighteen years of age, but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or has been tried in a criminal court pursuant to RCW 13.04.030(1)(e)(iv).

             (h) An "offender day" includes the first day an offender is delivered to the receiving jurisdiction, but ends at midnight of the day immediately preceding the day of the offender's release or return to the custody of the sending jurisdiction.

             (i) "Facility" means any state correctional institution, camp, or other unit established or authorized by law under the jurisdiction of the department of corrections; any jail, holding, detention, special detention, or correctional facility operated by the county for the housing of adult offenders; or any contract facility, operated on behalf of either the county or the state for the housing of adult offenders.

             (j) "Extraordinary medical expense" means any medical expense beyond that which is normally provided by contract or other health care providers at the facility of the receiving jurisdiction.

             (k) "Compact" means the Washington intrastate corrections compact.

             (2)(a) Any county may make one or more contracts with one or more counties, the department, or both for the exchange or transfer of offenders pursuant to this compact. Appropriate action by ordinance, resolution, or otherwise in accordance with the law of the governing bodies of the participating counties shall be necessary before the contract may take effect. The secretary is authorized and requested to execute the contracts on behalf of the department. Any such contract shall provide for:

             (i) Its duration;

             (ii) Payments to be made to the receiving jurisdiction by the sending jurisdiction for offender maintenance, extraordinary medical and dental expenses, and any participation in or receipt by offenders of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance;

             (iii) Participation in programs of offender employment, if any; the disposition or crediting of any payments received by offenders on their accounts; and the crediting of proceeds from or the disposal of any products resulting from the employment;

             (iv) Delivery and retaking of offenders;

             (v) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving jurisdictions.

             (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant to the contract. Nothing in any contract may be inconsistent with the compact.

             (3)(a) Whenever the duly constituted authorities of any compact jurisdiction decide that confinement in, or transfer of an offender to a facility of another compact jurisdiction is necessary or desirable in order to provide adequate housing and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within a facility of the other compact jurisdiction, the receiving jurisdiction to act in that regard solely as agent for the sending jurisdiction.

             (b) The receiving jurisdiction shall be responsible for the supervision of all offenders which it accepts into its custody.

             (c) The receiving jurisdiction shall be responsible to establish screening criteria for offenders it will accept for transfer. The sending jurisdiction shall be responsible for ensuring that all transferred offenders meet the screening criteria of the receiving jurisdiction.

             (d) The sending jurisdiction shall notify the sentencing courts of the name, charges, cause numbers, date, and place of transfer of any offender, prior to the transfer, on a form to be provided by the department. A copy of this form shall accompany the offender at the time of transfer.

             (e) The receiving jurisdiction shall be responsible for providing an orientation to each offender who is transferred. The orientation shall be provided to offenders upon arrival and shall address the following conditions at the facility of the receiving jurisdiction:

             (i) Requirements to work;

             (ii) Facility rules and disciplinary procedures;

             (iii) Medical care availability; and

             (iv) Visiting.

             (f) Delivery and retaking of inmates shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall deliver offenders to the facility of the receiving jurisdiction where the offender will be housed, at the dates and times specified by the receiving jurisdiction. The receiving jurisdiction retains the right to refuse or return any offender. The sending jurisdiction shall be responsible to retake any transferred offender who does not meet the screening criteria of the receiving jurisdiction, or who is refused by the receiving jurisdiction. If the receiving jurisdiction has notified the sending jurisdiction to retake an offender, but the sending jurisdiction does not do so within a seven-day period, the receiving jurisdiction may return the offender to the sending jurisdiction at the expense of the sending jurisdiction.

             (g) Offenders confined in a facility under the terms of this compact shall at all times be subject to the jurisdiction of the sending jurisdiction and may at any time be removed from the facility for transfer to another facility within the sending jurisdiction, for transfer to another facility in which the sending jurisdiction may have a contractual or other right to confine offenders, for release or discharge, or for any other purpose permitted by the laws of the state of Washington.

             (h) Unless otherwise agreed, the sending jurisdiction shall provide at least one set of the offender's personal clothing at the time of transfer. The sending jurisdiction shall be responsible for searching the clothing to ensure that it is free of contraband. The receiving jurisdiction shall be responsible for providing work clothing and equipment appropriate to the offender's assignment.

             (i) The sending jurisdiction shall remain responsible for the storage of the offender's personal property, unless prior arrangements are made with the receiving jurisdiction. The receiving jurisdiction shall provide a list of allowable items which may be transferred with the offender.

             (j) Copies or summaries of records relating to medical needs, behavior, and classification of the offender shall be transferred by the sending jurisdiction to the receiving jurisdiction at the time of transfer. At a minimum, such records shall include:

             (i) A copy of the commitment order or orders legally authorizing the confinement of the offender;

             (ii) A copy of the form for the notification of the sentencing courts required by subsection (3)(d) of this section;

             (iii) A brief summary of any known criminal history, medical needs, behavioral problems, and other information which may be relevant to the classification of the offender; and

             (iv) A standard identification card which includes the fingerprints and at least one photograph of the offender.

Disclosure of public records shall be the responsibility of the sending jurisdiction, except for those documents generated by the receiving jurisdiction.

             (k) The receiving jurisdiction shall be responsible for providing regular medical care, including prescription medication, but extraordinary medical expenses shall be the responsibility of the sending jurisdiction. The costs of extraordinary medical care incurred by the receiving jurisdiction for transferred offenders shall be reimbursed by the sending jurisdiction. The receiving jurisdiction shall notify the sending jurisdiction as far in advance as practicable prior to incurring such costs. In the event emergency medical care is needed, the sending jurisdiction shall be advised as soon as practicable after the offender is treated. Offenders who are required by the medical authority of the sending jurisdiction to take prescription medication at the time of the transfer shall have at least a three-day supply of the medication transferred to the receiving jurisdiction with the offender, and at the expense of the sending jurisdiction. Costs of prescription medication incurred after the use of the supply shall be borne by the receiving jurisdiction.

             (l) Convicted offenders transferred under this agreement may be required by the receiving jurisdiction to work. Transferred offenders participating in programs of offender employment shall receive the same reimbursement, if any, as other offenders performing similar work. The receiving jurisdiction shall be responsible for the disposition or crediting of any payments received by offenders, and for crediting the proceeds from or disposal of any products resulting from the employment. Other programs normally provided to offenders by the receiving jurisdiction such as education, mental health, or substance abuse treatment shall also be available to transferred offenders, provided that usual program screening criteria are met. No special or additional programs will be provided except by mutual agreement of the sending and receiving jurisdiction, with additional expenses, if any, to be borne by the sending jurisdiction.

             (m) The receiving jurisdiction shall notify offenders upon arrival of the rules of the jurisdiction and the specific rules of the facility. Offenders will be required to follow all rules of the receiving jurisdiction. Disciplinary detention, if necessary, shall be provided at the discretion of the receiving jurisdiction. The receiving jurisdiction may require the sending jurisdiction to retake any offender found guilty of a serious infraction; similarly, the receiving jurisdiction may require the sending jurisdiction to retake any offender whose behavior requires segregated or protective housing.

             (n) Good-time calculations and notification of each offender's release date shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall provide the receiving jurisdiction with a formal notice of the date upon which each offender is to be released from custody. If the receiving jurisdiction finds an offender guilty of a violation of its disciplinary rules, it shall notify the sending jurisdiction of the date and nature of the violation. If the sending jurisdiction resets the release date according to its good-time policies, it shall provide the receiving jurisdiction with notice of the new release date.

             (o) The sending jurisdiction shall retake the offender at the receiving jurisdiction's facility on or before his or her release date, unless the sending and receiving jurisdictions shall agree upon release in some other place. The sending jurisdiction shall bear the transportation costs of the return.

             (p) Each receiving jurisdiction shall provide monthly reports to each sending jurisdiction on the number of offenders of that sending jurisdiction in its facilities pursuant to this compact.

             (q) Each party jurisdiction shall notify the others of its coordinator who is responsible for administrating the jurisdiction's responsibilities under the compact. The coordinators shall arrange for alternate contact persons in the event of an extended absence of the coordinator.

             (r) Upon reasonable notice, representatives of any party to this compact shall be allowed to visit any facility in which another party has agreed to house its offenders, for the purpose of inspecting the facilities and visiting its offenders that may be confined in the institution.

             (4) This compact shall enter into force and become effective and binding upon the participating parties when it has been executed by two or more parties. Upon request, each party county shall provide any other compact jurisdiction with a copy of a duly enacted resolution or ordinance authorizing entry into this compact.

             (5) A party participating may withdraw from the compact by formal resolution and by written notice to all other parties then participating. The withdrawal shall become effective, as it pertains to the party wishing to withdraw, thirty days after written notice to the other parties. However, such withdrawal shall not relieve the withdrawing party from its obligations assumed prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing participant shall notify the other parties to retake the offenders it has housed in its facilities and shall remove to its facilities, at its own expense, offenders it has confined under the provisions of this compact.

             (6) Legal costs relating to defending actions brought by an offender challenging his or her transfer to another jurisdiction under this compact shall be borne by the sending jurisdiction. Legal costs relating to defending actions arising from events which occur while the offender is in the custody of a receiving jurisdiction shall be borne by the receiving jurisdiction.

             (7) The receiving jurisdiction shall not be responsible to provide legal services to offenders placed under this agreement. Requests for legal services shall be referred to the sending jurisdiction.

             (8) The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution or laws of the state of Washington or is held invalid, the validity of the remainder of this compact and its applicability to any county or the department shall not be affected.

             (9) Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a county or the department may have with each other or with a nonparty county for the confinement, rehabilitation, or treatment of offenders.


             NEW SECTION. Sec. 540. Provisions governing exceptions to juvenile court jurisdiction in the amendments to RCW 13.04.030 contained in section 519 of this act shall apply to serious violent and violent offenses committed on or after the effective date of section 519 of this act. The criminal history which may result in loss of juvenile court jurisdiction upon the alleged commission of a serious violent or violent offense may have been acquired on, before, or after the effective date of section 519 of this act.


             Sec. 541. RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:

             (1) For purposes of this chapter:

             (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

             (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

             (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

             (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

             (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

             (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

             (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

             (b) An agency shall take reasonable steps to ((insure)) assure the security of its records and prevent tampering with them; and

             (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

             (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

             (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

             (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

             (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

             (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment((, or to)). The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

             (9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.


             Sec. 542. RCW 72.09.300 and 1993 sp.s. c 21 s 8 are each amended to read as follows:

             (1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.

             (2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.

             (3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:

             (a) A description of current jail conditions, including whether the jail is overcrowded;

             (b) A description of potential alternatives to incarceration;

             (c) A description of current jail resources;

             (d) A description of the jail population as it presently exists and how it is projected to change in the future;

             (e) A description of projected future resource requirements;

             (f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

             (g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

             (h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

             (i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.

             (4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

             (5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

             (6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

             (7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

             (8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

             (9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:

             (a) Monitoring and reporting to the juvenile disposition standards commission on the proportionality, effectiveness, and cultural relevance of:

             (i) The rehabilitative services offered by county and state institutions to juvenile offenders; and

             (ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;

             (b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

             (c) By September 1 of each year, beginning with 1995, submit to the juvenile disposition standards commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.


             Sec. 543. RCW 13.40.070 and 1992 c 205 s 107 are each amended to read as follows:

             (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:

             (a) The alleged facts bring the case within the jurisdiction of the court; and

             (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.

             (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.

             (3) If the requirements of subsections (1) (a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1) (a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.

             (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.

             (5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:

             (a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(e), or any other offense listed in RCW 13.40.020(1) (b) or (c); or

             (b) An alleged offender is accused of a felony and has a criminal history of ((at least one class A or class B felony, or two class C felonies)) any felony, or at least two gross misdemeanors, or at least two misdemeanors ((and one additional misdemeanor or gross misdemeanor, or at least one class C felony and one misdemeanor or gross misdemeanor)); or

             (c) An alleged offender has previously been committed to the department; or

             (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

             (e) An alleged offender has ((three)) two or more diversion((s)) contracts on the alleged offender's criminal history; or

             (f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.

             (6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged ((offense(s) in combination with the alleged offender's criminal history do not exceed two offenses or violations and do not include any felonies: PROVIDED, That)) offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.

             (7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.

             (8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.

             (9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

             (10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.


             Sec. 544. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:

             (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

             (2) A diversion agreement shall be limited to one or more of the following:

             (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

             (b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;

             (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency((: PROVIDED, That)). The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; ((and))

             (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

             (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

             (3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

             (4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

             (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

             (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

             (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

             (b) Violation of the terms of the agreement shall be the only grounds for termination;

             (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

             (i) Written notice of alleged violations of the conditions of the diversion program; and

             (ii) Disclosure of all evidence to be offered against the divertee;

             (d) The hearing shall be conducted by the juvenile court and shall include:

             (i) Opportunity to be heard in person and to present evidence;

             (ii) The right to confront and cross-examine all adverse witnesses;

             (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

             (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

             (e) The prosecutor may file an information on the offense for which the divertee was diverted:

             (i) In juvenile court if the divertee is under eighteen years of age; or

             (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

             (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

             (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

             (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

             (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

             The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

             (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

             (a) The fact that a charge or charges were made;

             (b) The fact that a diversion agreement was entered into;

             (c) The juvenile's obligations under such agreement;

             (d) Whether the alleged offender performed his or her obligations under such agreement; and

             (e) The facts of the alleged offense.

             (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

             (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

             (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

             (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

             (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.


             NEW SECTION. Sec. 545. A new section is added to chapter 13.40 RCW to read as follows:

             (1) Upon motion at least fourteen days before commencement of trial, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for a period not to exceed one year from the date of entry of the plea or finding of guilt. The court may continue the case for an additional one-year period for good cause.

             (2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.

             (3) Upon full compliance with such conditions of supervision, the court shall dismiss the case with prejudice.

             (4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision.     (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:

             (a) To a speedy trial and disposition;

             (b) To call and confront witnesses; and

             (c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.

             (6) A juvenile is not eligible for a deferred adjudication if:

             (a) The juvenile's current offense is a sex or violent offense;

             (b) The juvenile's criminal history includes any felony;

             (c) The juvenile has a prior deferred adjudication; or

             (d) The juvenile has had more than two diversions.


             NEW SECTION. Sec. 546. A new section is added to chapter 13.40 RCW to read as follows:

             Prosecutors shall develop prosecutorial filing standards. The standards shall be developed considering the recommendations contained in the January 1993 final report concerning racial disproportionality in the juvenile justice system which was conducted pursuant to section 2, chapter 234, Laws of 1991. The standards are intended for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.


PART VI. EDUCATION


             NEW SECTION. Sec. 601. (1) To the extent funding is available, by December 31, 1994, the superintendent of public instruction shall prepare, or contract to prepare, a guide of available programs and strategies pertaining to conflict resolution and other violence prevention topics. The guide shall include descriptions of curricular and training resources that are developmentally and culturally appropriate for the school populations being served, and shall include information regarding how to contact the organizations offering these resources.

             (2) The superintendent of public instruction shall provide the curricular and training resources guide to those educational service districts, school districts, schools, teachers, classified staff, parents, and other interested parties who request it.

             (3) In carrying out its responsibilities under this section, the superintendent of public instruction shall coordinate with other agencies engaged in related efforts, such as the department of community, trade, and economic development, and consult with educators, parents, community groups, and other interested parties.


             NEW SECTION. Sec. 602. A new section is added to chapter 28A.300 RCW to read as follows:

             The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state.


             Sec. 603. RCW 28A.620.020 and 1985 c 344 s 2 are each amended to read as follows:

             Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service programs on a noncredit and nontuition basis, excluding fees for supplies, materials, or instructor costs, for the purpose of stimulating the full educational potential and meeting the needs of the district's residents of all ages, and making the fullest use of the district's school facilities: PROVIDED, That school districts are encouraged to provide programs for prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention, and on the problems of child abuse and methods to avoid child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and regulations promulgated by the state superintendent of public instruction governing cooperation between common schools, community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges ((education)) and shall be programs receiving the approval of said superintendent.


             NEW SECTION. Sec. 604. A new section is added to chapter 70.190 RCW to read as follows:

             A community public health and safety network, based on rules adopted by the department of health, may include in its comprehensive community plans procedures for providing matching grants to school districts to support expanded use of school facilities for after-hours recreational opportunities and day care as authorized under chapter 28A.215 RCW and RCW 28A.620.010.


             Sec. 605. 1993 sp.s. c 24 s 501 (uncodified) is amended to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION

General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                         34,414,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                         33,106,000

Public Safety and Education Account

      Appropriation.. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $                                                                                                                                                        338,000

Violence Reduction and Drug Enforcement

((and Education)) Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appropriation. . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                           3,197,000

                  TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $                                                                                                                                                         71,055,000


             The appropriations in this section are subject to the following conditions and limitations:

             (1) AGENCY OPERATIONS

             (a) $304,000 of the general fund--state appropriation is provided solely to upgrade the student data collection capability of the superintendent of public instruction.

             (b) $423,000 of the general fund--state appropriation is provided solely for certification investigation activities of the office of professional practices.

             (c) $770,000 of the general fund--state appropriation is provided solely for the operation and expenses of the state board of education, including basic education assistance activities.

             (((e))) (d) The entire public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.

             (((f))) (e) $10,000 of the general fund--state appropriation is provided solely for a contract through the Washington State Institute for Public Policy at The Evergreen State College for a bilingual education conference to disseminate information on best practices in bilingual instruction, including model programs from other states, and to develop strategies for incorporating the most effective instructional methods into the state's bilingual curriculum.

             (2) STATE-WIDE PROGRAMS

             (a) $100,000 of the general fund--state appropriation is provided for state-wide curriculum development.

             (b) $62,000 of the general fund--state appropriation is provided for operation of a K-2 education program at Pt. Roberts by the Blaine school district.

             (c) $2,415,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific science center.

             (d) $70,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.

             (e) $2,949,000 of the general fund--state appropriation is provided for educational clinics, including state support activities.

             (f) $3,437,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.

             (g) $4,855,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to funding ratios established in LEAP Document 30B as developed on May 4, 1993, at 11:00 a.m.

             (h) $3,050,000 of the violence reduction and drug enforcement ((and education)) account appropriation is provided solely for matching grants to enhance security in secondary schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors, metal detectors, or other security in secondary schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.

             (i) Districts receiving allocations from subsection (2) (f) and (g) of this section shall submit an annual report to the superintendent of public instruction on the use of all district resources to address the educational needs of at-risk students in each school building.


             Sec. 606. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:

             (1) School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to ((any)) a lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Parents and students shall be notified by the school district of all ((such)) orders or subpoenas in advance of compliance with them.

             (2) The social file, diversion record, police contact record, and arrest record of a student may be made available to a school district if the records are requested by the principal or school counselor. Use of the records is restricted to the principal, the school counselor, or a teacher or teachers identified by the principal as necessary for the provision of additional services to the student. The records may only be used to identify and facilitate those services offered through the school district that would be of benefit to the student. The student's records shall be made available only after providing seventy-two hours' written notice to the parent or guardian of the subject of the record and only to appropriate professional staff under the provisions of this section, section 609 of this act, and chapter 13.50 RCW unless a parent or guardian provides, prior to the release of the records, a statement indicating which records shall remain confidential until such further written release. School districts shall provide written notice of this section to parents or guardians at the time of enrollment of a student. Following the completed use of the records, the principal shall destroy the records and not permit them to be disclosed to any other person.


             Sec. 607. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:

             (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

             (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.

             (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.

             (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

             (5) Except as provided in RCW 4.24.550 or 28A.600.475, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

             (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

             (7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

             (8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

             (9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

             (10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

             (11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:

             (a) Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;

             (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and

             (c) No proceeding is pending seeking the formation of a diversion agreement with that person.

             (12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

             (13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (24) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

             (14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (24) of this section.

             (15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030.

             (16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

             (17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:

             (a) The person making the motion is at least twenty-three years of age;

             (b) The person has not subsequently been convicted of a felony;

             (c) No proceeding is pending against that person seeking the conviction of a criminal offense; and

             (d) The person has never been found guilty of a serious offense.

             (18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

             (19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall, subject to subsection (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

             (20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

             (21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

             (22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

             (23) Any juvenile justice or care agency may, subject to the limitations in subsection (24) of this section and subparagraphs (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

             (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

             (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

             (24) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.

             (25) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.


             NEW SECTION. Sec. 608. The Washington state school directors' association shall conduct a study to identify possible incentives to encourage schools to increase the space that is available for after-hours community use. The association shall examine incentives for both existing school facilities and for new construction. The association shall report its findings and recommendations to the legislature by November 15, 1994.


             NEW SECTION. Sec. 609. (1) The department of social and health services and the superintendent of public instruction shall review all statutes and rules relative to the sharing or exchange of information about children who are the subject of reports of abuse and neglect or who are charged with criminal behavior. The department and the superintendent shall revise or adopt rules, consistent with federal guidelines, that allow educational professionals in elementary and secondary schools access to information contained in department records solely for purposes of improving the child's educational performance or attendance.

             (2) The department and superintendent shall also revise or adopt rules, consistent with federal guidelines, that allows the department access to information contained in the records of a school or school district on a child who is the subject of a report of abuse or neglect solely for the purpose of improving the department's ability to respond to the report of abuse or neglect.

             The department and superintendent shall report their findings and actions, including the need for statutory changes, to the legislature by December 31, 1994.

             This section shall expire January 1, 1995.


             NEW SECTION. Sec. 610. (1) A task force on student conduct is created. The purpose of the task force is to identify laws, rules, and practices that make it difficult for educators to manage their classrooms and schools effectively. Based on these findings, the task force shall make recommendations to the legislature, the state board of education, the superintendent of public instruction, school districts, institutions of higher education, and others regarding actions that could be taken to reduce the problems generated by disruptive students and thereby make schools more conducive to learning.

             (2) Members of the task force and the chair shall be appointed by the superintendent of public instruction, and shall include, but not be limited to, representatives of parents, elementary teachers, secondary teachers, middle/junior high school vice-principals, senior high school vice-principals, classified employees, and special education educators.

             (3) Staffing for the task force shall be the responsibility of the superintendent of public instruction. Personnel from the office of the superintendent may staff the task force, or the superintendent may enter into a contract with a public or private entity.

             (4) The findings and recommendations of the task force shall be submitted to the entities identified in subsection (1) of this section by November 1, 1994.

             (5) This section shall expire December 31, 1994.


             NEW SECTION. Sec. 611. A new section is added to chapter 28A.300 RCW to read as follows:

             The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and mediation program for use in community groups such as neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution.


             NEW SECTION. Sec. 612. A new section is added to chapter 28A.320 RCW to read as follows:

             (1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district.

             (2) School district boards of directors may establish schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district.

             (3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.

             (4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.


PART VII. EMPLOYMENT


             NEW SECTION. Sec. 701. The legislature recognizes the importance of education and employment experiences for youth and the critical role of school-to-work transition options to achieving job readiness. Therefore, in light of these priorities, the department of labor and industries is directed to accelerate its evaluation of the minor work rules adopted under chapter 49.12 RCW. The department shall report to the governor and the appropriate committees of the legislature on its evaluation of the minor work rules prior to the start of the 1995 regular legislative session.


             Sec. 702. RCW 43.63A.700 and 1993 sp.s. c 25 s 401 are each amended to read as follows:

             (1) The department, in cooperation with the department of revenue, the employment security department, and the office of financial management, shall approve applications submitted by local governments for designation as a ((neighborhood reinvestment area)) community empowerment zone under this section. The application shall be in the form and manner and contain such information as the department may prescribe, provided that the application for designation shall:

             (a) Contain information sufficient for the director to determine if the criteria established in RCW 43.63A.710 have been met.

             (b) Be submitted on behalf of the local government by its chief elected official, or, if none, by the governing body of the local government.

             (c) Contain a five-year ((neighborhood reinvestment)) community empowerment plan that describes the proposed designated ((neighborhood reinvestment area's)) community empowerment zone's community development needs and present a strategy for meeting those needs. The plan shall address the following categories: Housing needs; public infrastructure needs, such as transportation, water, sanitation, energy, and drainage/flood control; other public facilities needs, such as neighborhood facilities or facilities for provision of health, education, recreation, public safety, or other services; community economic development needs, such as commercial/industrial revitalization, job creation and retention considering the unemployment and underemployment of area residents, accessibility to financial resources by area residents and businesses, investment within the area, or other related components of community economic development; and social service needs.

             The local government is required to provide a description of its strategy for meeting the needs identified in this subsection (1)(c). As part of the strategy, the local government is required to identify the needs for which specific plans are currently in place and the source of funds expected to be used. For the balance of the area's needs, the local government must identify the source of funds expected to become available during the next two-year period and actions the local government will take to acquire those funds.

             (d) Certify that neighborhood residents were given the opportunity to participate in the development of the five-year ((neighborhood reinvestment)) community empowerment strategy required under (c) of this subsection.

             (2) No local government shall submit more than two neighborhoods to the department for possible designation as a designated ((neighborhood reinvestment area)) community empowerment zone under this section.

             (3)(a) Within ninety days after January 1, 1994, the director may designate up to six designated ((neighborhood reinvestment areas)) community empowerment zones from among the applications eligible for designation as a designated ((neighborhood reinvestment area under this section)) community empowerment zone.

             (b) The director shall make determinations of designated ((neighborhood reinvestment areas)) community empowerment zones on the basis of the following factors:

             (i) The strength and quality of the local government commitments to meet the needs identified in the five-year ((neighborhood reinvestment)) community empowerment plan required under this section.

             (ii) The level of private commitments by private entities of additional resources and contribution to the designated ((neighborhood reinvestment area)) community empowerment zone.

             (iii) The potential for ((reinvestment in)) revitalization of the area as a result of designation as a designated ((neighborhood reinvestment area)) community empowerment zone.

             (iv) Other factors the director ((of the department of community development)) deems necessary.

             (((b))) (c) The determination of the director as to the areas designated as ((neighborhood reinvestment areas)) community empowerment zones shall be final.


             Sec. 703. RCW 43.63A.710 and 1993 sp.s. c 25 s 402 are each amended to read as follows:

             (1) The director may not designate an area as a designated ((neighborhood reinvestment area)) community empowerment zone unless that area meets the following requirements:

             (a) The area must be designated by the legislative authority of the local government as an area to receive federal, state, and local assistance designed to increase economic, physical, or social activity in the area;

             (b) The area must have at least fifty-one percent of the households in the area with incomes at or below eighty percent of the county's median income, adjusted for household size;

             (c) The average unemployment rate for the area, for the most recent twelve-month period for which data is available must be at least one hundred twenty percent of the average unemployment rate of the county; and

             (d) A five-year ((neighborhood reinvestment)) community empowerment plan for the area that meets the requirements of RCW 43.63A.700(1)(c) and as further defined by the director must be adopted.

             (2) The director may establish, by rule, such other requirements as the director may reasonably determine necessary and appropriate to assure that the purposes of this section are satisfied.

             (3) In determining if an area meets the requirements of this section, the director may consider data provided by the United States bureau of the census from the most recent census or any other reliable data that the director determines to be acceptable for the purposes for which the data is used.


             Sec. 704. RCW 82.60.020 and 1993 sp.s. c 25 s 403 are each amended to read as follows:

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

             (1) "Applicant" means a person applying for a tax deferral under this chapter.

             (2) "Department" means the department of revenue.

             (3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; or (c) a designated ((neighborhood reinvestment area)) community empowerment zone approved under RCW 43.63A.700 .

             (4)(a) "Eligible investment project" means that portion of an investment project which:

             (i) Is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested; and

             (ii) Either initiates a new operation, or expands or diversifies a current operation by expanding or renovating an existing building with costs in excess of twenty-five percent of the true and fair value of the plant complex prior to improvement; or

             (iii) Acquires machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure. The lessor/owner of the structure is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person.

             (b) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5) or investment projects which have already received deferrals under this chapter.