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FORTY SEVENTH DAY





MORNING SESSION


House Chamber, Olympia, Friday, February 25, 2000


             The House was called to order at 10:00 a.m. by Speaker Pro Tempore Odgen. 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 Holly Hollenbeck and Adrian Pike. Prayer was offered by Deacon John Ricciardi, St. Nicholas Roman Catholic Church, Gig Harbor.


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


RESOLUTION


             HOUSE RESOLUTION NO. 2000-4767, by Representatives DeBolt, Alexander, Dunn and Hatfield


             WHEREAS, Centralia College is the state's oldest community college, having been in continuous operation since 1925; and

             WHEREAS, Centralia College survived economic struggles during the Great Depression and a low enrollment crisis during World War II; and

             WHEREAS, More than 130,000 students have taken advantage of Centralia College through its long history, with roughly 4,000 students enrolled each year; and

             WHEREAS, Centralia College maintains one of the highest ratios of student-to-service district population among two-year colleges in Washington state and offers educational centers in outlying areas to serve students who might otherwise be denied access to higher education and training opportunities; and

             WHEREAS, Centralia College has an outstanding faculty with 20 Exceptional Faculty Award winners, a Washington State Professor of the Year, and numerous other state and nationally recognized staff; and

             WHEREAS, Centralia College provides an excellent educational environment with academics, intramural activities, intercollegiate athletics, stimulating student speakers and entertainment packages, and other activities to enhance student life on campus;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives congratulate the administration, faculty, and students of Centralia College as they celebrate the college's 75th year of continuous operation; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Centralia College President Dr. Hank Kirk and to the Centralia College Board of Trustees.


             Representative Alexander moved adoption of the resolution.


             Representatives Alexander, Pennington, Kenney, Carlson, DeBolt and Parlette spoke in favor of the adoption of the resolution.


             House Resolution No. 2000-4767 was adopted.


             The Speaker (Representative Ogden presiding) introduced Dr. Hank Kurt, President of Centralia Community College.


REPORTS OF STANDING COMMITTEES


February 25, 2000

ESSB 5001       Prime Sponsor, Committee on Senate Natural Resources, Parks & Recreation: Authorizing hunting of cougar with the aid of dogs. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 77.16.360 and 1997 c 1 s 1 are each amended to read as follows:

             (1) Notwithstanding the provisions of RCW 77.12.240 ((and 77.12.265)), 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.

             (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.

             (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.

             (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.

             (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

             (2) Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.

             (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director ((under RCW 77.12.265)).

             (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, or removal of black bear, cougar, bobcat, or lynx for scientific purposes.

             (3) Notwithstanding subsections (1) and (2) of this section, the commission shall authorize the use of dogs only in selected areas within a game management unit to address a specific cougar population or public safety need. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.

             (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and a hunting license shall not be issued for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.


             NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


             Correct the title.

 

Signed by Representatives Buck, Republican Co-Chair; Sump, Republican Vice Chair; G. Chandler; Clements; Doumit; Eickmeyer; Ericksen and Pennington.

 

MINORITY recommendation: Do not pass. Signed by Representatives Regala, Democratic Co-Chair; Anderson, Democratic Vice Chair; Rockefeller and Stensen.


             Voting yea: Representatives Buck, Sump, G. Chandler, Clements, Doumit, Eickmeyer, Ericksen and Pennington.

             Voting nay: Representatives Regala, Anderson, Rockefeller and Stensen.


             Passed to Rules Committee for Second Reading.


February 25, 2000

ESSB 5074       Prime Sponsor, Committee on Senate Judiciary: Establishing the crime of mail theft or receipt of stolen mail. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Authorized depository" means a mailbox, post office box, or rural box used by postal customers to deposit outgoing mail or used by the postal service to deliver incoming mail.

             (2) "Letter box" means a receptacle that is used for a specific address intended or used for the receipt or delivery of mail on a mail route.

             (3)(a) "Mail" means a letter, card, parcel, or other material that:

             (i) Is sent or delivered by means of the postal service;

             (ii) Has postage affixed by the postal customer or postal service; and

             (iii) Is placed in an authorized depository or mail receptacle.

             (b) "Mail" includes articles contained in mail.

             (4) "Mail receptacle" means a place used by the postal service or postal customers to place outgoing mail or receive incoming mail.

             (5) "Postage" means a postal service stamp, permit imprint, meter strip, or other authorized indication of prepayment for service provided by the postal service for collection and delivery of mail.

             (6) "Postal service" means the United States postal service.

             (7) The phrase "of another" does not include persons with whom the defendant has a familial, parental, spousal, employment, or other relationship that would otherwise reasonably allow the defendant to take, dispose of, or otherwise intercept the person's mail.


             NEW SECTION. Sec. 2. (1) A person commits the crime of obstruction of mail if the person intentionally obstructs or unreasonably delays:

             (a) The passage of the mail; or

             (b) A carrier or conveyance carrying the mail.

             (2) Obstruction of mail is a gross misdemeanor.


             NEW SECTION. Sec. 3. (1) A person commits the crime of destruction of letter boxes if the person knowingly and maliciously:

             (a) Tears down or destroys a letter box belonging to another; or

             (b) Breaks open a letter box belonging to another.

             (2) Destruction of letter boxes is a gross misdemeanor.


             NEW SECTION. Sec. 4. (1) A person commits the crime of destruction of mail if the person knowingly and maliciously injures, destroys, or defaces mail of another that has been deposited in an authorized depository.

             (2) Destruction of mail is a class C felony.


             NEW SECTION. Sec. 5. (1) A person commits the crime of mail theft or receipt of stolen mail if the person knowingly:

             (a) Takes, or by fraud or deception, obtains mail of another from a mail receptacle, authorized depository, or mail carrier;

             (b) Secretes, embezzles, or destroys mail of another;

             (c) Takes, or by fraud or deception, obtains mail of another that has been left for collection on or adjacent to an authorized depository or mail receptacle; or

             (d) Buys, receives, conceals, or unlawfully possesses mail of another knowing that the mail was taken, obtained, or embezzled as described in this subsection.

             (2) Mail theft or receipt of stolen mail is a class C felony.


             NEW SECTION. Sec. 6. In a prosecution under this chapter, it is a defense that the defendant acted under an honest claim of right in that:

             (1) The defendant was unaware that the property was that of another person;

             (2) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or

             (3) The property involved was that of the defendant's minor child or spouse, unless the parties were not living together as husband and wife and were residing in, and intended to continually reside in, separate abodes at the time of the alleged offense.


             NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 9A RCW.


             Sec. 8. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

 

                                                                                   TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

     XVI             Aggravated Murder 1 (RCW 10.95.020)

 

       XV             Homicide by abuse (RCW 9A.32.055)

                          Malicious explosion 1 (RCW 70.74.280(1))

                          Murder 1 (RCW 9A.32.030)

 

     XIV             Murder 2 (RCW 9A.32.050)

 

      XIII            Malicious explosion 2 (RCW 70.74.280(2))

                          Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

       XII             Assault 1 (RCW 9A.36.011)

                          Assault of a Child 1 (RCW 9A.36.120)

                          Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                          Rape 1 (RCW 9A.44.040)

                          Rape of a Child 1 (RCW 9A.44.073)

 

        XI             Manslaughter 1 (RCW 9A.32.060)

                          Rape 2 (RCW 9A.44.050)

                          Rape of a Child 2 (RCW 9A.44.076)

 

          X             Child Molestation 1 (RCW 9A.44.083)

                          Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                          Kidnapping 1 (RCW 9A.40.020)

                          Leading Organized Crime (RCW 9A.82.060(1)(a))

                          Malicious explosion 3 (RCW 70.74.280(3))

                          Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

 

        IX             Assault of a Child 2 (RCW 9A.36.130)

                          Controlled Substance Homicide (RCW 69.50.415)

                          Explosive devices prohibited (RCW 70.74.180)

                          Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                          Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                          Malicious placement of an explosive 2 (RCW 70.74.270(2))

                          Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                          Robbery 1 (RCW 9A.56.200)

                          Sexual Exploitation (RCW 9.68A.040)

                          Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

      VIII            Arson 1 (RCW 9A.48.020)

                          Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                          Manslaughter 2 (RCW 9A.32.070)

                          Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                          Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                          Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                          Promoting Prostitution 1 (RCW 9A.88.070)

                          Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                          Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 

       VII             Burglary 1 (RCW 9A.52.020)

                          Child Molestation 2 (RCW 9A.44.086)

                          Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                          Drive-by Shooting (RCW 9A.36.045)

                          Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                          Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                          Introducing Contraband 1 (RCW 9A.76.140)

                          Involving a minor in drug dealing (RCW 69.50.401(f))

                          Malicious placement of an explosive 3 (RCW 70.74.270(3))

                          Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                          Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                          Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                          Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

 

        VI             Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                          Bribery (RCW 9A.68.010)

                          Incest 1 (RCW 9A.64.020(1))

                          Intimidating a Judge (RCW 9A.72.160)

                          Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                          Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                          Rape of a Child 3 (RCW 9A.44.079)

                          Theft of a Firearm (RCW 9A.56.300)

 

          V             Abandonment of dependent person 1 (RCW 9A.42.060)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Child Molestation 3 (RCW 9A.44.089)

                          Criminal Mistreatment 1 (RCW 9A.42.020)

                          Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                          Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                          Extortion 1 (RCW 9A.56.120)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Incest 2 (RCW 9A.64.020(2))

                          Kidnapping 2 (RCW 9A.40.030)

                          On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                          On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                          On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                          On and after July 1, 2000: Stalking (RCW 9A.46.110)

                          Perjury 1 (RCW 9A.72.020)

                          Persistent prison misbehavior (RCW 9.94.070)

                          Possession of a Stolen Firearm (RCW 9A.56.310)

                          Rape 3 (RCW 9A.44.060)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Sexually Violating Human Remains (RCW 9A.44.105)

 

        IV             Arson 2 (RCW 9A.48.030)

                          Assault 2 (RCW 9A.36.021)

                          Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                          Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                          Commercial Bribery (RCW 9A.68.060)

                          Counterfeiting (RCW 9.16.035(4))

                          Escape 1 (RCW 9A.76.110)

                          Hit and Run--Injury Accident (RCW 46.52.020(4))

                          Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.060.200(3))

                          Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                          Influencing Outcome of Sporting Event (RCW 9A.82.070)

                          Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                          Malicious Harassment (RCW 9A.36.080)

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                          Residential Burglary (RCW 9A.52.025)

                          Robbery 2 (RCW 9A.56.210)

                          Theft of Livestock 1 (RCW 9A.56.080)

                          Threats to Bomb (RCW 9.61.160)

                          Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                          Vehicular Assault (RCW 46.61.522)

                          Willful Failure to Return from Furlough (RCW 72.66.060)

 

         III            Abandonment of dependent person 2 (RCW 9A.42.070)

                          Assault 3 (RCW 9A.36.031)

                          Assault of a Child 3 (RCW 9A.36.140)

                          Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                          Burglary 2 (RCW 9A.52.030)

                          Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                          Criminal Gang Intimidation (RCW 9A.46.120)

                          Criminal Mistreatment 2 (RCW 9A.42.030)

                          Custodial Assault (RCW 9A.36.100)

                          Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                          Escape 2 (RCW 9A.76.120)

                          Extortion 2 (RCW 9A.56.130)

                          Harassment (RCW 9A.46.020)

                          Intimidating a Public Servant (RCW 9A.76.180)

                          Introducing Contraband 2 (RCW 9A.76.150)

                          Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                          Malicious Injury to Railroad Property (RCW 81.60.070)

                          Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                          Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                          Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                          Perjury 2 (RCW 9A.72.030)

                          Possession of Incendiary Device (RCW 9.40.120)

                          Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                          Promoting Prostitution 2 (RCW 9A.88.080)

                          Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                          Securities Act violation (RCW 21.20.400)

                          Tampering with a Witness (RCW 9A.72.120)

                          Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                          Theft of Livestock 2 (RCW 9A.56.080)

                          Unlawful Imprisonment (RCW 9A.40.040)

                          Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                          Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                          Willful Failure to Return from Work Release (RCW 72.65.070)

 

          II            Computer Trespass 1 (RCW 9A.52.110)

                          Counterfeiting (RCW 9.16.035(3))

                          Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                          Escape from Community Custody (RCW 72.09.310)

                          Health Care False Claims (RCW 48.80.030)

                          Mail Theft or Receipt of Stolen Mail (section 5 of this act)

                          Malicious Mischief 1 (RCW 9A.48.070)

                          Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                          Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                          Possession of Stolen Property 1 (RCW 9A.56.150)

                          Theft 1 (RCW 9A.56.030)

                          Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                          Trafficking in Insurance Claims (RCW 48.30A.015)

                          Unlawful Practice of Law (RCW 2.48.180)

                          Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

 

           I             Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                          Destruction of Mail (section 4 of this act)

                          False Verification for Welfare (RCW 74.08.055)

                          Forged Prescription (RCW 69.41.020)

                          Forged Prescription for a Controlled Substance (RCW 69.50.403)

                          Forgery (RCW 9A.60.020)

                          Malicious Mischief 2 (RCW 9A.48.080)

                          Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                          Possession of Stolen Property 2 (RCW 9A.56.160)

                          Reckless Burning 1 (RCW 9A.48.040)

                          Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                          Theft 2 (RCW 9A.56.040)

                          Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                          Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                          Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                          Vehicle Prowl 1 (RCW 9A.52.095)


             Sec. 9. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:


                                                   DESCRIPTION AND OFFENSE CATEGORY

juvenile 

disposition

offense

category




description (rcw citation)

juvenile disposition

category for attempt,

bailjump, conspiracy,

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

 

B+

Drive-By Shooting (9A.36.045)

C+

 

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

Residential Burglary (9A.52.025)

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

 

C

Vehicle Prowling 1 (9A.52.095)

D

 

D

Vehicle Prowling 2 (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, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (i) or (ii))

B+

 

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii))

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

Unlawful Inhalation (9.47A.020)

E

 

B

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (i) or (ii))

B

 

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v))

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

 

B

Theft of Firearm (9A.56.300)

C

 

B

Possession of Stolen Firearm (9A.56.310)

C

 

E

Carrying Loaded Pistol Without Permit (9.41.050)

E

 

C

Possession of Firearms by Minor (<18) (9.41.040(1)(b)(iii))

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+

Obstructing Governmental Operation

 

D

Obstructing a Law Enforcement Officer (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+

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+

Indecent Exposure (Victim <14) (9A.88.010)

E

 

E

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+

 

A-

Child Molestation 1 (9A.44.083)

B+

 

B

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.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+

 

C

Mail Theft or Receipt of Stolen Mail (section 5 of this act)

D

 

D

Destruction of Mail (section 4 of this act)

E

 

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 (46.20.005)

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 (46.61.502 and 46.61.504)

E

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

 

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.

 

JUVENILE SENTENCING STANDARDS

 

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

 

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 

 

                  A+        180 WEEKS TO AGE 21 YEARS

 

                  A          103 WEEKS TO 129 WEEKS

 

                  A-         15-36                |52-65       |80-100      |103-129

                               WEEKS            |WEEKS   |WEEKS   |WEEKS

                               EXCEPT           |||

                               30-40                |||

                               WEEKS FOR   |||

                               15-17                |||

                               YEAR OLDS   |||

 

Current     B+        15-36                                  |52-65       |80-100      |103-129

Offense                  WEEKS                              |WEEKS   |WEEKS   |WEEKS

Category 

                  B          LOCAL                              |                 |52-65

                                SANCTIONS (LS)             |15-36 WEEKS           |WEEKS

 

                  C+        LS                                                         |

                                                                                             |15-36 WEEKS

 

                  C          LS                                                                           |15-36 WEEKS

                                                         Local Sanctions:                           |

                                                         0 to 30 Days 

                  D+        LS                     0 to 12 Months Community Supervision

                                                         0 to 150 Hours Community Service

                  D          LS                     $0 to $500 Fine

 

                  E           LS 

 

                                    0                    1                    2                3                4 or more

                                                          PRIOR ADJUDICATIONS

 

NOTE: References in the grid to days or weeks mean periods of confinement.

          (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

          (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as ¼ point. Fractional points shall be rounded down.

          (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

          (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

          (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

 

OR

 

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

 

          If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(((5))) (4) and 13.40.165.

 

OR

 

OPTION C

MANIFEST INJUSTICE

 

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2)."


          Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


             Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


             Referred to Committee on Appropriations.


February 24, 2000

E2SSB 5212     Prime Sponsor, Committee on Senate Education: Providing for school safety plans. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


             On page 4, line 30, after "plan;" strike "and"

             on page 4, line 32, after "plan" insert "; and

             (k) Include procedures for notifying parents and community members about the plan"

 

Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Haigh, Democratic Vice Chair; Schindler, Republican Vice Chair; Carlson; Cox; Keiser; Rockefeller; Santos; D. Schmidt; Schual-Berke; Stensen and Wensman.

 

MINORITY recommendation: Without recommendation. Signed by Representative Thomas.


             Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, Schmidt, Schual-Berke, Stensen and Wensman.

             Voting nay: Representative Thomas.


             Referred to Committee on Appropriations.


February 25, 2000

SSB 5366          Prime Sponsor, Committee on Senate State & Local Government: Changing scoring criteria for veterans' employment examinations. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.

 

MINORITY recommendation: Without recommendation. Signed by Representative Romero, Democratic Co-Chair.


             Voting yea: Representatives McMorris, Campbell, Miloscia, Dunshee, Haigh, Lambert and Schmidt.

             Voting nay: Representative Romero.


             Passed to Rules Committee for Second Reading.


February 24, 2000

SSB 5518          Prime Sponsor, Committee on Senate Natural Resources, Parks & Recreation: Establishing a youth athletic facility account to help fund community outdoor athletic facilities. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


             On page 3, line 3, after "improving" strike "youth or" and insert "((youth or))"


             On page 3, beginning on line 29, strike all of section 3


             Correct the title.

 

Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


             Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


             Passed to Rules Committee for Second Reading.


February 23, 2000

SB 5570            Prime Sponsor, Senator Costa: Expanding the definition of vehicular assault. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


             Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


             Referred to Committee on Appropriations.


February 25, 2000

SSB 5590          Prime Sponsor, Committee on Senate Health & Long-Term Care: Expanding the health professionals who may request administration of oral medication at school. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Mulliken; Pennington and Ruderman.


             Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Mulliken, Pennington and Ruderman.


             Passed to Rules Committee for Second Reading.


February 23, 2000

E3SSB 5598     Prime Sponsor, Committee on Senate Higher Education: Creating the Washington's promise scholarship program. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature intends to strengthen the link between postsecondary education and K-12 education by creating the Washington's promise scholarship program for academically successful high school graduates from low and middle-income families. The legislature finds that, increasingly, an individual's economic viability is contingent on postsecondary educational opportunities, yet the state's full financial obligation is eliminated after the twelfth grade. Students who work hard in kindergarten through twelfth grade and successfully complete high school with high academic marks may not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient.


             NEW SECTION. Sec. 2. The higher education coordinating board shall design the Washington's promise scholarship program based on the following parameters:

             (1) Scholarships shall be awarded to students who graduate from high school or its equivalent and who meet both academic and financial eligibility criteria.

             (a) Before the K-12 certificate of mastery is required, academic eligibility criteria shall be as follows:

             (i) Students graduating from public and approved private high schools under chapter 28A.195 RCW in 2001 and 2002 must be in the top fifteen percent of their graduating class;

             (ii) Beginning with the graduating class of 2003, students graduating from public and approved private high schools under chapter 28A.195 RCW must pass all components of the Washington assessment of student learning on their first attempt when they take it in the tenth grade or be in the top fifteen percent of their graduating class; and

             (iii) Students participating in home-based instruction as provided in chapter 28A.200 RCW must pass all components of the Washington assessment of student learning on their first attempt when they take it in the tenth grade and the cost of taking the Washington assessment of student learning shall be ancillary services borne by the school districts in which the students reside.

             (b) For students attending private schools approved under chapter 28A.195 RCW, the cost of the Washington assessment of student learning shall be ancillary services borne by the school districts in which the students reside. If a significant number of students who attend the same school wish to take the Washington assessment of student learning, a contractor may provide the assessments at the private school and may have the private school administer the assessments. If the assessments are provided at the private school, the superintendent of public instruction shall pay the assessment contractor the cost of the test itself, including processing the test to determine the results, for each student taking the assessment under (a) of this subsection. The superintendent shall not pay for any costs the private school may incur in administering the assessments at the private school, such as staff or administrative costs.

             (c) After the K-12 certificate of mastery is required, students graduating from public and approved private high schools under chapter 28A.195 RCW, and participants in home-based instruction as provided in chapter 28A.200 RCW are academically eligible if they pass all parts of the certificate of mastery on their first attempt in the tenth grade.

             (d) To meet the financial eligibility criteria, a student's family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family size as determined at the time of academic eligibility as determined in (a) or (b) of this subsection, except as otherwise determined in subsection (2) of this section.

             (2) Promise scholarships are not intended to supplant any scholarship or tax program related to postsecondary education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial eligibility criteria or the amount of scholarship to the level necessary to avoid supplanting.

             (3) The amount of promise scholarships shall not exceed the equivalent of two years' worth of tuition at the resident, full-time, community college tuition rate. Awards for the second year of the scholarship shall be made only to students who successfully complete their first year of postsecondary education. In determining the amount of scholarships, the board shall give the highest priority to awarding scholarships to the maximum number of potential eligible recipients.

             (4) By October 15th of each year, beginning in 2001, the board shall determine the amount of the scholarships, after taking into consideration the availability of funds.

             (5) The scholarships may only be used for undergraduate coursework at accredited institutions of higher education in the state of Washington.

             (6) The scholarships must be used within six years of being awarded.

             (7) The scholarships may be used for college-related expenses, including but not limited to, tuition, room and board, books, and materials.

             (8) The scholarships may not be awarded to any student who is pursuing a degree in theology.


             NEW SECTION. Sec. 3. (1) The higher education coordinating board, with the assistance of the institutions of higher education and the office of the superintendent of public instruction, shall evaluate the impact and the effectiveness of the Washington's promise scholarship program. The evaluation shall include, but not be limited to: (a) An analysis of what other financial assistance promise scholarship recipients are receiving through other federal, state, and institutional programs, including grants, work study, tuition waivers, tax credits, and loan programs; (b) an analysis of whether the implementation of the promise scholarship has had an impact on student indebtedness; (c) an evaluation of what types of students are successfully completing high school but do not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient; and (d) an analysis of the costs of administering the Washington assessment of student learning to students receiving home-based instruction or attending private high schools approved under chapter 28A.195 RCW. By November 1, 2001, the board shall report its findings and make recommendations to the governor and the legislature.

             (2) This section expires December 31, 2001.


             NEW SECTION. Sec. 4. The higher education coordinating board, with the assistance of the office of the superintendent of public instruction, shall implement and administer the Washington's promise scholarship program described in section 2 of this act as follows:

             (1) The first scholarships shall be awarded to eligible students enrolling in postsecondary education in academic year 2001-02.

             (2) The office of the superintendent of public instruction shall provide the information to the higher education coordinating board that is necessary for implementation of the program.

             (a) For students graduating from high school in the top fifteen percent of their class, the office of the superintendent of public instruction shall provide the higher education coordinating board with student names, addresses, birth dates, and unique numeric identifiers as determined by each respective high school at the completion of the first term of the senior year including the names, addresses, and birth dates of other eligible students who have met the requirements described in section 2 of this act.

             (b) Beginning with the 2000-01 school year, the office of the superintendent of public instruction shall provide the names, addresses, birth dates, and unique numeric identifiers of tenth grade students who pass all components of the Washington assessment of student learning on their first attempt including the names, addresses, and birth dates of other eligible students who have met the requirements described in section 2 of this act to the higher education coordinating board to assist the higher education coordinating board in awarding scholarships. This shall be done by October 1st of each year following the receipt of assessment scores.

             (c) All student data should be considered confidential and used solely for the purposes of providing scholarships to eligible students.

             (3) The higher education coordinating board may adopt rules to implement this chapter.


             NEW SECTION. Sec. 5. The Washington's promise scholarship program shall not be funded at the expense of the state need grant program as defined in RCW 28B.10.800 through 28B.10.824. In administering the state need grant and promise scholarship programs, the higher education coordinating board shall first ensure that eligibility for state need grant recipients is at least sixty-five percent of state median family income.


             NEW SECTION. Sec. 6. (1) The Washington's promise scholarship account is created in the custody of the state treasurer. The account shall be a nontreasury account retaining its interest earnings in accordance with RCW 43.79A.040.

             (2) The higher education coordinating board shall deposit in the account all money received for the program. The account shall be self-sustaining and consist of funds appropriated by the legislature for the Washington's promise scholarship program, private contributions to the program, and refunds of Washington's promise scholarships.

             (3) Expenditures from the account shall be used for scholarships to eligible students.

             (4) With the exception of the operating costs associated with the management of the account by the treasurer's office as authorized in chapter 43.79A RCW, the account shall be credited with all investment income earned by the account.

             (5) Disbursements from the account are exempt from appropriations and the allotment provisions of chapter 43.88 RCW.

             (6) Disbursements from the account shall be made only on the authorization of the higher education coordinating board.


             Sec. 7. RCW 43.79A.040 and 1999 c 384 s 8 and 1999 c 182 s 2 are each reenacted and amended to read as follows:

             (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

             (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

             (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

             (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

             (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington's promise scholarship account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility grant account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

             (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

             (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.


             NEW SECTION. Sec. 8. Sections 1, 2, and 4 through 6 of this act constitute a new chapter in Title 28B RCW.


             NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


             Correct the title.

 

Signed by Representatives Carlson, Republican Co-Chair; Kenney, Democratic Co-Chair; Lantz, Democratic Vice Chair; Radcliff, Republican Vice Chair; Dunn; Edmonds; Esser and Gombosky.


             Voting yea: Representatives Carlson, Kenney, Lantz, Radcliff, Dunn, Edmonds, Esser and Gombosky.


             Referred to Committee on Appropriations.


February 25, 2000

SSB 5607          Prime Sponsor, Committee on Senate Health & Long-Term Care: Permitting retired and disabled employees to obtain health insurance. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. It is the intent of this act to provide retirees of local government employers access to health care benefits. It is also the intent of this act that local government employers be allowed the flexibility to design programs to meet the health care needs of their retirees and that the local government employer be able to recover all costs associated with providing retirees access to health benefits.


             NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:

             (1) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

             (a) "Disabled employee" means an individual eligible to receive a disability retirement allowance from the public employees' retirement system.

             (b) "Health plan" means a contract, policy, fund, trust, or other program established by a county, municipality, or other political subdivision of the state that provides for all or a part of hospitalization or medical aid for its employees and their dependents under RCW 41.04.180.

             (c) "Retired employee" means a public employee meeting the retirement eligibility, years of service requirements, and other criteria set forth in the public employees' retirement system.

             (2) A county, municipality, or other political subdivision that provides a health plan for its employees shall permit retired and disabled employees and their dependents to continue participation in a plan subject to the exceptions, limitations, and conditions set forth in this section. However, this section does not apply to a county, municipality, or other political subdivision participating in an insurance program administered under chapter 41.05 RCW if retired and disabled employees and their dependents of the participating county, municipality, or other political subdivision are covered under an insurance program administered under chapter 41.05 RCW. Nothing in this subsection or this act precludes the local government employer from offering retired or disabled employees a health plan with a benefit structure, copayment, deductible, coinsurance, lifetime benefit maximum, and other plan features which differ from those offered through a retirement plan provided to active employees. Further, nothing in this subsection precludes a local government employer from joining with other public agency employers, including interjurisdictional benefit pools and multi-employer associations or consortiums, to fulfill its obligations under this act.

             (3) A county, municipality, or other political subdivision shall require a person who requests continued participation in a health plan under subsection (2) of this section to pay the full cost of such participation, including any amounts necessary for administration. However, this subsection does not require an employer who is currently paying for all or part of a health plan for its retired and disabled employees to discontinue those payments.

             (4) Payments for continued participation in a former employer's health plan may be assigned to the underwriter of the health plan from public pension benefits or may be paid to the former employer, as determined by the former employer, so that an underwriter of the health plan that is an insurance company, health care service contractor, or health maintenance organization is not required to accept individual payments from persons continuing participation in the employer's health plan.

             (5) After an initial open enrollment period of ninety days after the effective date of this section, an employer may not be required to permit a person to continue participation in the health plan if the person is responsible for a lapse in coverage under the plan. In addition, an employer may not be required to permit a person to continue participation in the employer's health plan if the employer offered continued participation in a health plan that meets the requirements of this act.

             (6) If a person continuing participation in the former employer's health plan has medical coverage through another employer, the medical coverage of the other employer is the primary coverage for purposes of coordination of benefits as provided for in the former employer's health plan.

             (7) If a person's continued participation in a health plan was permitted because of the person's relationship to a retired or disabled employee of the employer providing the health plan and the retired or disabled employee dies, then that person is permitted to continue participation in the health plan for a period of not more than six months after the death of the retired or disabled employee. However, the employer providing the health plan may permit continued participation beyond that time period.

             (8) An employer may offer one or more health plans different from that provided for active employees and designed to meet the needs of persons requesting continued participation in the employer's health plan. An employer, in designing or offering continued participation in a health plan, may utilize terms or conditions necessary to administer the plan to the extent the terms and conditions do not conflict with this section.

             (9) If an employer changes the underwriter of a health plan, the replaced underwriter has no further responsibility or obligation to persons who continued participation in a health plan of the replaced underwriter. However, the employer shall permit those persons to participate in any new health plan.

             (10) The benefits granted under this section are not considered a matter of contractual right. Should the legislature, a county, municipality, or other political subdivision of the state revoke or change any benefits granted under this section, an affected person is not entitled to receive the benefits as a matter of contractual right.

             (11) This section does not affect any health plan contained in a collective bargaining agreement in existence as of the effective date of this section. However, any plan contained in future collective bargaining agreements shall conform to this section. In addition, this section does not affect any health plan contract or policy in existence as of the effective date of this section. However, any renewal of the contract or policy shall conform to this section.


             NEW SECTION. Sec. 3. A new section is added to chapter 41.04 RCW to read as follows:

             Employers providing access to health insurance coverage under this act may adopt criteria which specify allowable enrollment periods, require enrollees to keep current addresses and information, and outline other processes to ensure that plans can be administered efficiently and effectively.


             NEW SECTION. Sec. 4. This act takes effect January 1, 2002, and expires December 31, 2007."


             Correct the title.

 

Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Mulliken; Pennington and Ruderman.


             Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Mulliken, Pennington and Ruderman.


             Referred to Committee on Appropriations.


February 23, 2000

2ESSB 5610     Prime Sponsor, Committee on Senate Transportation: Authorizing the director of the department of licensing to impose a civil penalty for a violation of chapter 46.70 RCW. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Hankins, Republican Vice Chair; G. Chandler; Fortunato; Haigh; Hatfield; Hurst; Lovick; McDonald; Mielke; Morris; Murray; Ogden; Pflug; Radcliff; Romero; Schindler; Schual-Berke; Scott; Skinner; Wood and Woods.

 

MINORITY recommendation: Do not pass. Signed by Representatives Ericksen, Republican Vice Chair and DeBolt.


             Voting yea: Representatives Fisher, Mitchell, Cooper, Edwards, Hankins, G. Chandler, Fortunato, Haigh, Hatfield, Hurst, Lovick, McDonald, Morris, Murray, Ogden, Pflug, Radcliff, Romero, Schual-Berke, Scott, Skinner, Wood and Woods.

             Voting nay: Representatives Ericksen and DeBolt.

             Excused: Representatives Buck, Mielke and Schindler.


             Passed to Rules Committee for Second Reading.


February 22, 2000

SB 5664            Prime Sponsor, Senator Costa: Renaming, with regard to adult and juvenile offenders, "community service" as "community restitution." Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 7.80.130 and 1987 c 456 s 21 are each amended to read as follows:

             (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

             (2) The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.


             Sec. 2. RCW 7.80.160 and 1989 c 373 s 12 are each amended to read as follows:

             (1) A person who fails to sign a notice of civil infraction is guilty of a misdemeanor.

             (2) Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel.

             (3) A person who willfully fails to pay a monetary penalty or to perform community ((service)) restitution as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW.


             Sec. 3. RCW 7.84.110 and 1987 c 380 s 11 are each amended to read as follows:

             (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances, is civil in nature.

             (2) The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.


             Sec. 4. RCW 7.84.130 and 1987 c 380 s 13 are each amended to read as follows:

             (1) Failure to pay a monetary penalty assessed by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.

             (2) Failure to complete community ((service)) restitution ordered by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.


             Sec. 5. RCW 9.94A.030 and 1999 c 352 s 8, 1999 c 197 s 1, and 1999 c 196 s 2 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) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.145, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

             (2) "Commission" means the sentencing guidelines commission.

             (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

             (4) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.120 (5), (6), (7), (8), (10), or (11), or RCW 9.94A.383, served in the community subject to controls placed on the offender's movement and activities by the department of corrections. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.

             (5) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.120(11), as established by the sentencing guidelines commission or the legislature under RCW 9.94A.040, for crimes committed on or after July 1, 2000.

             (6) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

             (7) "Community ((service)) restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.

             (8) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

             (9) "Confinement" means total or partial confinement as defined in this section.

             (10) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

             (11) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

             (12) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

             (13) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

             (14) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

             (15) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

             (16) "Department" means the department of corrections.

             (17) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community ((service)) restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

             (18) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

             (19) "Drug offense" means:

             (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

             (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

             (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

             (20) "Escape" means:

             (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

             (21) "Felony traffic offense" means:

             (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

             (22) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

             (23) "First-time offender" means any person who is convicted of a felony (a) not classified as a violent offense or a sex offense under this chapter, or (b) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

             (24) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

             (25) "Most 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 felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

             (b) Assault in the second degree;

             (c) Assault of a child in the second degree;

             (d) Child molestation in the second degree;

             (e) Controlled substance homicide;

             (f) Extortion in the first degree;

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

             (h) Indecent liberties;

             (i) Kidnapping in the second degree;

             (j) Leading organized crime;

             (k) Manslaughter in the first degree;

             (l) Manslaughter in the second degree;

             (m) Promoting prostitution in the first degree;

             (n) Rape in the third degree;

             (o) Robbery in the second degree;

             (p) Sexual exploitation;

             (q) Vehicular assault;

             (r) 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;

             (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

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

             (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, 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 most serious offense under this subsection;

             (v)(i) A prior conviction for indecent liberties under RCW ((9A.88.100)) 9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

             (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

             (26) "Nonviolent offense" means an offense which is not a violent offense.

             (27) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

             (28) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

             (29) "Persistent offender" is an offender who:

             (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

             (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

             (b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (29)(b)(i); and

             (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under subsection (29)(b)(i) only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under subsection (29)(b)(i) only when the offender was eighteen years of age or older when the offender committed the offense.

             (30) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

             (31) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

             (32) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.

             (33) "Serious traffic offense" means:

             (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

             (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

             (34) "Serious violent offense" is a subcategory of violent offense and means:

             (a) Murder in the first degree, homicide by abuse, murder in the second degree, manslaughter in the first degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

             (b) 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 violent offense under (a) of this subsection.

             (35) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

             (36) "Sex offense" means:

             (a) A felony that is a violation of chapter 9A.44 RCW, other than RCW 9A.44.130(((10))) (11), or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

             (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;

             (c) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

             (d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

             (37) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

             (38) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

             (39) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

             (40) "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.

             (41) "Violent offense" 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, 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, robbery in the second degree, drive-by shooting, vehicular assault, and 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;

             (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

             (42) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state, or sanctioned under RCW 9.94A.205, are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (36) of this section are not eligible for the work crew program.

             (43) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

             (44) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.


             Sec. 6. RCW 9.94A.040 and 1999 c 352 s 1 and 1999 c 196 s 3 are each reenacted and amended to read as follows:

             (1) A sentencing guidelines commission is established as an agency of state government.

             (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

             (a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

             (i) The purposes of this chapter as defined in RCW 9.94A.010; and

             (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

             The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

             (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

             (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification;

             (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

             (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

             (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

             (g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

             (h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

             (i) Racial disproportionality in juvenile and adult sentencing;

             (ii) The capacity of state and local juvenile and adult facilities and resources; and

             (iii) Recidivism information on adult and juvenile offenders.

             (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community ((service)) restitution, and a fine.

             (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

             (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

             (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness level XIV under RCW 9.94A.310, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and

             (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

             (5)(a) Not later than December 31, 1999, the commission shall propose to the legislature the initial community custody ranges to be included in sentences under RCW 9.94A.120(11) for crimes committed on or after July 1, 2000. Not later than December 31 of each year, the commission may propose modifications to the ranges. The ranges shall be based on the principles in RCW 9.94A.010, and shall take into account the funds available to the department for community custody. The minimum term in each range shall not be less than one-half of the maximum term.

             (b) The legislature may, by enactment of a legislative bill, adopt or modify the community custody ranges proposed by the commission. If the legislature fails to adopt or modify the initial ranges in its next regular session after they are proposed, the proposed ranges shall take effect without legislative approval for crimes committed on or after July 1, 2000.

             (c) When the commission proposes modifications to ranges pursuant to this subsection, the legislature may, by enactment of a bill, adopt or modify the ranges proposed by the commission for crimes committed on or after July 1 of the year after they were proposed. Unless the legislature adopts or modifies the commission's proposal in its next regular session, the proposed ranges shall not take effect.

             (6) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.


             Sec. 7. RCW 9.94A.120 and 1999 c 324 s 2, 1999 c 197 s 4, 1999 c 196 s 5, and 1999 c 147 s 3 are each reenacted and amended to read as follows:

             When a person is convicted of a felony, the court shall impose punishment as provided in this section.

             (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

             (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

             (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (((5))) (6), (((7))) (8), or (((8))) (9), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.150(4).

             (5)(a) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include a term of community supervision or community custody as specified in (b) of this subsection, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

             (i) Devote time to a specific employment or occupation;

             (ii) Undergo available outpatient treatment for up to the period specified in (b) of this subsection, or inpatient treatment not to exceed the standard range of confinement for that offense;

             (iii) Pursue a prescribed, secular course of study or vocational training;

             (iv) Remain within prescribed geographical boundaries and notify the community corrections officer prior to any change in the offender's address or employment;

             (v) Report as directed to a community corrections officer; or

             (vi) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community ((service)) restitution work.

             (b) The terms and statuses applicable to sentences under (a) of this subsection are:

             (i) For sentences imposed on or after July 25, 1999, for crimes committed before July 1, 2000, up to one year of community supervision. If treatment is ordered, the period of community supervision may include up to the period of treatment, but shall not exceed two years; and

             (ii) For crimes committed on or after July 1, 2000, up to one year of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed two years. Any term of community custody imposed under this subsection (5) is subject to conditions and sanctions as authorized in this subsection (5) and in subsection (11)(b) and (c) of this section.

             (c) The department shall discharge from community supervision any offender sentenced under this subsection (5) before July 25, 1999, who has served at least one year of community supervision and has completed any treatment ordered by the court.

             (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

             (i) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

             (ii) The offender has no current or prior convictions for a sex offense or violent offense in this state, another state, or the United States;

             (iii) For a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance; and

             (iv) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order.

             (b) If the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections.

             The court shall also impose:

             (i) The remainder of the midpoint of the standard range as a term of community custody which must include appropriate substance abuse treatment in a program that has been approved by the division of alcohol and substance abuse of the department of social and health services;

             (ii) Crime-related prohibitions including a condition not to use illegal controlled substances; and

             (iii) A requirement to submit to urinalysis or other testing to monitor that status.

             The court may prohibit the offender from using alcohol or controlled substances and may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

             (A) Devote time to a specific employment or training;

             (B) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

             (C) Report as directed to a community corrections officer;

             (D) Pay all court-ordered legal financial obligations;

             (E) Perform community ((service)) restitution work;

             (F) Stay out of areas designated by the sentencing judge;

             (G) Such other conditions as the court may require such as affirmative conditions.

             (c) If the offender violates any of the sentence conditions in (b) of this subsection, a violation hearing shall be held by the department unless waived by the offender. If the department finds that conditions have been willfully violated, the offender may be reclassified to serve the remaining balance of the original sentence.

             (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

             (e) An offender who fails to complete the special drug offender sentencing alternative program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time. An offender who violates any conditions of supervision as defined by the department shall be sanctioned. Sanctions may include, but are not limited to, reclassifying the offender to serve the unexpired term of his or her sentence as ordered by the sentencing judge. If an offender is reclassified to serve the unexpired term of his or her sentence, the offender shall be subject to all rules relating to earned early release time.

             (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community ((service)) restitution work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in subsection (11)(b) and (c) of this section; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

             The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social 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 defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (A) Frequency and type of contact between offender and therapist;

             (B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

             (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

             (D) Anticipated length of treatment; and

             (E) 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.

             (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

             (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section;

             (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

             (I) Devote time to a specific employment or occupation;

             (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (III) Report as directed to the court and a community corrections officer;

             (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community ((service)) restitution work, or any combination thereof; or

             (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and

             (C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned release time while serving a suspended sentence.

             (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

             (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

             (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

             (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

             (vii) Except as provided in (a)(viii) of this subsection, 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.

             (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) 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 (8) and the rules adopted by the department of health.

             (ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

             (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

             Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

             (i) Devote time to a specific employment or occupation;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (iii) Report as directed to the court and a community corrections officer;

             (iv) Undergo available outpatient treatment.

             If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

             Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

             (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

             (d) Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release plans, to reduce risk to the community after sex offenders' terms of confinement in the custody of the department.

             (9)(a)(i) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, but before July 25, 1999, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

             (ii) Except for persons sentenced under (b) of this subsection or subsection (10)(a) of this section, when a court sentences a person to a term of total confinement to the custody of the department of corrections for a violent offense, any crime against a person under RCW 9.94A.440(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences the offender under this subsection (9)(a)(ii) to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

             (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, or a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, but before July 1, 2000, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

             (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

             (ii) The offender shall work at department of corrections-approved education, employment, and/or community ((service)) restitution;

             (iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

             (iv) The offender shall pay supervision fees as determined by the department of corrections;

             (v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

             (vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

             (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

             (i) The offender shall remain within, or outside of, a specified geographical boundary;

             (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

             (iii) The offender shall participate in crime-related treatment or counseling services;

             (iv) The offender shall not consume alcohol;

             (v) The offender shall comply with any crime-related prohibitions; or

             (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

             (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

             (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, but before July 1, 2000, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2).

             (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section.

             (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

             (11)(a) When a court sentences a person to the custody of the department of corrections for a sex offense, a violent offense, any crime against a person under RCW 9.94A.440(2), or a felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community custody range or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2).

             (b) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in subsection (9)(b)(i) through (vi) of this section. The conditions may also include those provided for in subsection (9)(c)(i) through (vi) of this section. The court may also order the offender to participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community, and the department shall enforce such conditions pursuant to (f) of this subsection. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.

             (c) If an offender violates conditions imposed by the court or the department pursuant to this subsection during community custody, the department may transfer the offender to a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.205 and 9.94A.207.

             (d) Except for terms of community custody under subsection (8) of this section, the department shall discharge the offender from community custody on a date determined by the department, which the department may modify, based on risk and performance of the offender, within the range or at the end of the period of earned release, whichever is later.

             (e) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040. If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.

             (f) Within the funds available for community custody, the department shall determine conditions and duration of community custody on the basis of risk to community safety, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection (11)(f).

             (g) By the close of the next business day after receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect unless the reviewing officer finds that it is not reasonably related to any of the following: (i) The crime of conviction; (ii) the offender's risk of reoffending; or (iii) the safety of the community.

             (12) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

             (13) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

             (14) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

             (15) All offenders sentenced to terms involving community supervision, community ((service)) restitution, community placement, community custody, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

             (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

             (b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may additionally require the offender to participate in rehabilitative programs or otherwise perform affirmative conduct, and to obey all laws.

             The conditions authorized under this subsection (15)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) or (11) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) or (11)(e) of this section.

             The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

             (16) All offenders sentenced to terms involving community supervision, community ((service)) restitution, community custody, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (17) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

             (18) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

             (19) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

             (20) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

             (21) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

             (22) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

             (23) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.

             (24) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may, as part of any term of community supervision, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

             (25)(a) Sex offender examinations and treatment ordered as a special condition of community placement or community custody under this section shall be conducted only by sex offender treatment providers certified by the department of health under chapter 18.155 RCW unless the court finds that: (i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (ii) no certified providers are available for treatment within a reasonable geographic distance of the offender's home, as determined in rules adopted by the secretary; (iii) the evaluation and treatment plan comply with the rules adopted by the department of health; or (iv) the treatment provider is employed by the department. A treatment provider selected by an offender who is not certified by the department of health shall consult with a certified provider during the offender's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified provider.

             (b) A sex offender's failure to participate in treatment required as a condition of community placement or community custody is a violation that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home.


             Sec. 8. RCW 9.94A.200 and 1998 c 260 s 4 are each amended to read as follows:

             (1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

             (2) In cases where conditions from a second or later sentence of community supervision begin prior to the term of the second or later sentence, the court shall treat a violation of such conditions as a violation of the sentence of community supervision currently being served.

             (3) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions apply:

             (a)(i) Following the violation, if the offender and the department make a stipulated agreement, the department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community ((service)) restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, jail time, or other sanctions available in the community.

             (ii) Within seventy-two hours of signing the stipulated agreement, the department shall submit a report to the court and the prosecuting attorney outlining the violation or violations, and sanctions imposed. Within fifteen days of receipt of the report, if the court is not satisfied with the sanctions, the court may schedule a hearing and may modify the department's sanctions. If this occurs, the offender may withdraw from the stipulated agreement.

             (iii) If the offender fails to comply with the sanction administratively imposed by the department, the court may take action regarding the original noncompliance. Offender failure to comply with the sanction administratively imposed by the department may be considered an additional violation.

             (b) In the absence of a stipulated agreement, or where the court is not satisfied with the department's sanctions as provided in (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;

             (c) The state has the burden of showing noncompliance by a preponderance of the evidence. If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community ((service)) restitution obligation to total or partial confinement, (iii) convert monetary obligations, except restitution and the crime victim penalty assessment, to community ((service)) restitution hours at the rate of the state minimum wage as established in RCW 49.46.020 for each hour of community ((service)) restitution, or (iv) order one or more of the penalties authorized in (a)(i) of this subsection. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court;

             (d) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of legal financial obligations and regarding community ((service)) restitution obligations; and

             (e) If the violation involves a failure to undergo or comply with mental status evaluation and/or outpatient mental health treatment, the community corrections officer shall consult with the treatment provider or proposed treatment provider. Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive means of promoting participation in treatment. If the offender's failure to receive care essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter 71.05 RCW shall be considered in preference to incarceration in a local or state correctional facility.

             (4) The community corrections officer may obtain information from the offender's mental health treatment provider on the offender's status with respect to evaluation, application for services, registration for services, and compliance with the supervision plan, without the offender's consent, as described under RCW 71.05.630.

             (5) An offender under community placement or community supervision who is civilly detained under chapter 71.05 RCW, and subsequently discharged or conditionally released to the community, shall be under the supervision of the department of corrections for the duration of his or her period of community placement or community supervision. During any period of inpatient mental health treatment that falls within the period of community placement or community supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.

             (6) Nothing in this section prohibits the filing of escape charges if appropriate.


             Sec. 9. RCW 9.94A.380 and 1999 c 197 s 6 are each amended to read as follows:

             Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement:

             (1) One day of partial confinement may be substituted for one day of total confinement;

             (2) In addition, for offenders convicted of nonviolent offenses only, eight hours of community ((service)) restitution may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community ((service)) restitution hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department; and

             (3) For offenders convicted of nonviolent and nonsex offenses, the court may authorize county jails to convert jail confinement to an available county supervised community option and may require the offender to perform affirmative conduct pursuant to RCW 9.94A.129.

             For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.


             Sec. 10. RCW 9.94A.400 and 1999 c 352 s 11 are each amended to read as follows:

             (1)(a) Except as provided in (b) or (c) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.120 and 9.94A.390(2)(g) or any other provision of RCW 9.94A.390. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.

             (b) Whenever a person is convicted of two or more serious violent offenses, as defined in RCW 9.94A.030, arising from separate and distinct criminal conduct, the sentence range for the offense with the highest seriousness level under RCW 9.94A.320 shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the sentence range for other serious violent offenses shall be determined by using an offender score of zero. The sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under (b) of this subsection shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection.

             (c) If an offender is convicted under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, the sentence range for each of these current offenses shall be determined by using all other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c), as if they were prior convictions. The offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection (1)(c), and for each firearm unlawfully possessed.

             (2)(a) Except as provided in (b) of this subsection, whenever a person while under sentence of felony commits another felony and is sentenced to another term of confinement, the latter term shall not begin until expiration of all prior terms.

             (b) Whenever a second or later felony conviction results in community supervision with conditions not currently in effect, under the prior sentence or sentences of community supervision the court may require that the conditions of community supervision contained in the second or later sentence begin during the immediate term of community supervision and continue throughout the duration of the consecutive term of community supervision.

             (3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that they be served consecutively.

             (4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.

             (5) However, in the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community ((service)) restitution, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW 9.94A.120(2), if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.


             Sec. 11. RCW 10.98.040 and 1999 c 143 s 51 are each amended to read as follows:

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

             (1) "Arrest and fingerprint form" means the reporting form prescribed by the identification, child abuse, and criminal history section to initiate compiling arrest and identification information.

             (2) "Chief law enforcement officer" includes the sheriff or director of public safety of a county, the chief of police of a city or town, and chief officers of other law enforcement agencies operating within the state.

             (3) "Department" means the department of corrections.

             (4) "Disposition" means the conclusion of a criminal proceeding at any stage it occurs in the criminal justice system. Disposition includes but is not limited to temporary or permanent outcomes such as charges dropped by police, charges not filed by the prosecuting attorney, deferred prosecution, defendant absconded, charges filed by the prosecuting attorney pending court findings such as not guilty, dismissed, guilty, or guilty--case appealed to higher court.

             (5) "Disposition report" means the reporting form prescribed by the identification, child abuse, and criminal history section to report the legal procedures taken after completing an arrest and fingerprint form. The disposition report shall include but not be limited to the following types of information:

             (a) The type of disposition;

             (b) The statutory citation for the arrests;

             (c) The sentence structure if the defendant was convicted of a felony;

             (d) The state identification number; and

             (e) Identification information and other information that is prescribed by the identification, child abuse, and criminal history section.

             (6) "Fingerprints" means the fingerprints taken from arrested or charged persons under the procedures prescribed by the Washington state patrol identification, child abuse, and criminal history section.

             (7) "Prosecuting attorney" means the public or private attorney prosecuting a criminal case.

             (8) "Section" refers to the Washington state patrol section on identification, child abuse, and criminal history.

             (9) "Sentence structure" means itemizing the components of the felony sentence. The sentence structure shall include but not be limited to the total or partial confinement sentenced, and whether the sentence is prison or jail, community supervision, fines, restitution, or community ((service)) restitution.


             Sec. 12. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, 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;

             (2) Community-based sanctions may include one or more of the following:

             (a) A fine, not to exceed five hundred dollars;

             (b) Community ((service)) restitution not to exceed one hundred fifty hours of ((service)) community restitution;

             (3) "Community ((service)) restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community ((service)) restitution may be performed through public or private organizations or through work crews;

             (4) "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 disposition. 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;

             (d) Posting of a probation bond;

             (5) "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;

             (6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

             (7) "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 that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

             (8) "Department" means the department of social and health services;

             (9) "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;

             (10) "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;

             (11) "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;

             (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

             (13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

             (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) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community ((service)) restitution; or (d) $0-$500 fine;

             (17) "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;

             (18) "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;

             (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) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

             (21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

             (22) "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;

             (23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

             (24) "Services" means 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;

             (25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

             (26) "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;

             (27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

             (28) "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;

             (29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.


             Sec. 13. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:

 

                                                   DESCRIPTION AND OFFENSE CATEGORY

juvenile

disposition

offense

category




description (rcw citation)

juvenile disposition

category for attempt,

bailjump, conspiracy,

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

                                                                B+

Drive-By Shooting (9A.36.045)

                                                                C+

                                                                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

Residential Burglary (9A.52.025)

                                                                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

                                                                C

Vehicle Prowling 1 (9A.52.095)

                                                                D

                                                                D

Vehicle Prowling 2 (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, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (i) or (ii))

                                                                B+

                                                                C

Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii))

                                                                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

Unlawful Inhalation (9.47A.020)

                                                                E

                                                                B

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (i) or (ii))

                                                                B

                                                                C

Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v))

                                                                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

 

                                                                B

Theft of Firearm (9A.56.300)

                                                                C

                                                                B

Possession of Stolen Firearm (9A.56.310)

                                                                C

                                                                E

Carrying Loaded Pistol Without Permit (9.41.050)

                                                                E

                                                                C

Possession of Firearms by Minor (<18) (9.41.040(1)(b)(iii))

                                                                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+

 

Obstructing Governmental Operation

 

                                                                D

Obstructing a Law Enforcement Officer (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+

 

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+

Indecent Exposure (Victim <14) (9A.88.010)

                                                                E

                                                                E

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+

                                                                A-

Child Molestation 1 (9A.44.083)

                                                                B+

                                                                B

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.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 (46.20.005)

                                                                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 (46.61.502 and 46.61.504)

                                                                E

 

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

                                                                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.

 

JUVENILE SENTENCING STANDARDS

 

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

 

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 

 

                  A+        180 WEEKS TO AGE 21 YEARS

 

                  A          103 WEEKS TO 129 WEEKS

 

                  A-         15-36                |52-65       |80-100      |103-129

                               WEEKS            |WEEKS   |WEEKS   |WEEKS

                               EXCEPT           |||

                               30-40                |||

                               WEEKS FOR   |||

                               15-17                |||

                               YEAR OLDS   |||

 

Current     B+        15-36                                  |52-65       |80-100      |103-129

Offense                  WEEKS                              |WEEKS   |WEEKS   |WEEKS

Category 

                  B          LOCAL                              |                 |52-65

                                SANCTIONS (LS)             |15-36 WEEKS           |WEEKS

 

                  C+        LS                                                         |

                                                                                             |15-36 WEEKS

 

                  C          LS                                                                           |15-36 WEEKS

                                                         Local Sanctions:                           |

                                                         0 to 30 Days 

                  D+        LS                     0 to 12 Months Community Supervision

                                                         0 to 150 Hours Community ((Service)) Restitution

                  D          LS                     $0 to $500 Fine

 

                  E           LS 

 

                                    0                    1                    2                3                4 or more

                                                          PRIOR ADJUDICATIONS

 

NOTE: References in the grid to days or weeks mean periods of confinement.

          (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

          (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as ¼ point. Fractional points shall be rounded down.

          (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

          (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

          (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

 

OR

 

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

 

          If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(((5))) (4) and 13.40.165.

 

OR

 

OPTION C

MANIFEST INJUSTICE

 

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).


          Sec. 14. RCW 13.40.080 and 1999 c 91 s 1 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)) restitution 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;

          (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. 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; literacy; 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;

          (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;

          (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and

          (f) Upon request of the victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.

          (3) In assessing periods of community ((service)) restitution 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) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

          (b) 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.

          (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile 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 the restitution over a ten-year period. 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. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

          (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(7). 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(7). 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)) restitution. 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)) restitution 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.


          Sec. 15. RCW 13.40.160 and 1999 c 91 s 2 are each amended to read as follows:

          (1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

          (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (3), and (4) of this section. The disposition may be comprised of one or more local sanctions.

          (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (3), and (4) of this section.

          (2) 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 C of 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) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

          (3) When a juvenile 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, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option C, and the court may suspend the execution of the disposition and place the offender on community supervision for at least 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)) restitution, or any combination thereof;

          (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;

          (viii) Comply with the conditions of any court-ordered probation bond; or

          (ix) The court shall order that the offender may not attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings. The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.

          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 (3), 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 (4) [(3)] 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 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.

          A disposition entered under this subsection (3) is not appealable under RCW 13.40.230.

          (4) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.

          (5) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

          (6) 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) Except as provided under subsection (3) or (4) of this section or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.

          (8) 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. 16. RCW 13.40.165 and 1997 c 338 s 26 are each amended to read as follows:

          (1) When a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent and amenable to treatment.

          (2) 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 drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.

          (3) 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) Whether inpatient and/or outpatient treatment is recommended;

          (b) Availability of appropriate treatment;

          (c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

          (d) Anticipated length of treatment;

          (e) Recommended crime-related prohibitions; and

          (f) Whether the respondent is amenable to treatment.

          (4) 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 examination ordered under this subsection (4) or subsection (1) of this section unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

          (5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.

          (b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, the sum of confinement time and inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community ((service)) restitution, and payment of legal financial obligations and restitution.

          (6) The drug/alcohol treatment provider shall submit monthly 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.

          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 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.

          (7) 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 offense charged.

          (8) 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.

          (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.

          (10) A disposition under this section is not appealable under RCW 13.40.230.


          Sec. 17. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:

          Where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations:

          (1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;

          (2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and

          (3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community ((service)) restitution.


          Sec. 18. RCW 13.40.200 and 1997 c 338 s 31 are each amended to read as follows:

          (1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.

          (2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a willful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community ((service)) restitution hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community ((service)) restitution.

          (3) If the court finds that a respondent has willfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.

          (4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community ((service)) restitution. The number of hours of community ((service)) restitution in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.

          (5) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in RCW 13.40.054.


          Sec. 19. RCW 13.40.205 and 1990 c 3 s 103 are each amended to read as follows:

          (1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.

          (2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:

          (a) Sixty percent of the minimum term of confinement has been served; and

          (b) The purpose of the leave is to enable the juvenile:

          (i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;

          (ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or

          (iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.

          (3) No authorized leave may exceed seven consecutive days. The total of all pre-minimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.

          (4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.

          (5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave.

          (6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.

          (7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.

          (8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave to the victim or the victim's immediate family.

          (9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.

          (10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in work, educational, community ((service)) restitution, or treatment programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence.

          (11) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.


          Sec. 20. RCW 13.40.210 and 1997 c 338 s 32 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, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 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. 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 time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

          (3)(a) Following the juvenile's release 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 and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. A parole program is mandatory for offenders released under subsection (2) of this section. The decision to place an offender on parole shall be based on an assessment by the department of the offender's risk for reoffending upon release. The department shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for reoffending.

          (b) 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: (i) Undergo available medical, psychiatric, drug and alcohol, sex offender, mental health, and other offense-related treatment services; (ii) report as directed to a parole officer and/or designee; (iii) pursue a course of study, vocational training, or employment; (iv) notify the parole officer of the current address where he or she resides; (v) be present at a particular address during specified hours; (vi) remain within prescribed geographical boundaries; (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; (ix) refrain from contact with specific individuals or a specified class of individuals; (x) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community; (xi) pay any court-ordered fines or restitution; and (xii) perform community ((service)) restitution. Community ((service)) restitution for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender. Community ((service)) restitution may be performed through public or private organizations or through work crews.

          (c) The secretary may further require up to twenty-five percent of the highest risk juvenile offenders who are placed on parole to participate in an intensive supervision program. Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions: (i) Obey all laws and refrain from any conduct that threatens public safety; (ii) report at least once a week to an assigned community case manager; and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program. As a part of the intensive supervision program, the secretary may require day reporting.

          (d) 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: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (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 (v) the secretary may order any of the conditions or may return the offender to confinement 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 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. 21. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:

          A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

          (1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

          (2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

          (3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community ((service)) restitution, or educational or informational sessions.

          (4) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).


          Sec. 22. RCW 28A.225.090 and 1999 c 319 s 4 are each amended to read as follows:

          (1) A court may order a child subject to a petition under RCW 28A.225.035 to:

          (a) Attend the child's current school;

          (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

          (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

          (d) Be referred to a community truancy board, if available; or

          (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

          (2) If the child fails to comply with the court order, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community ((service)) restitution. Failure by a child to comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

          (3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community ((service)) restitution instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

          (4) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community ((service)) restitution. Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.

          (5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015.


          Sec. 23. RCW 35.21.209 and 1984 c 24 s 1 are each amended to read as follows:

          The legislative authority of a city or town may purchase liability insurance in an amount it deems reasonable to protect the city or town, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community ((service)) restitution, and may elect to treat offenders as employees and/or workers under Title 51 RCW.


          Sec. 24. RCW 35A.21.220 and 1984 c 24 s 2 are each amended to read as follows:

          The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code city, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community ((service)) restitution, and may elect to treat offenders as employees and/or workers under Title 51 RCW.


          Sec. 25. RCW 36.16.139 and 1984 c 24 s 3 are each amended to read as follows:

          The legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the county, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of community ((service)) restitution imposed by court order or pursuant to RCW 13.40.080. The legislative authority of a county may elect to treat offenders as employees and/or workers under Title 51 RCW.


          Sec. 26. RCW 46.16.381 and 1999 c 136 s 1 are each amended to read as follows:

          (1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician:

          (a) Cannot walk two hundred feet without stopping to rest;

          (b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

          (c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

          (d) Uses portable oxygen;

          (e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

          (f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

          (g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant shall document that the disability is comparable in severity to the others listed in this subsection.

          (2) The applications for disabled parking permits and temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable under chapter 9A.20 RCW. The following statement must appear on each application form immediately below the physician's signature and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a gross misdemeanor. The penalty is up to one year in jail and a fine of up to $5,000 or both."

          (3) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access and an individual serial number, along with a special identification card bearing the name and date of birth of the person to whom the placard is issued, and the placard's serial number. The special identification card shall be issued no later than January 1, 2000, to all persons who are issued parking placards, including those issued for temporary disabilities, and special disabled parking license plates. By July 1, 2001, the department shall incorporate a photograph of the holder of the disabled parking permit into all special identification cards issued after that date. The department, in conjunction with the governor's committee on disability issues and employment, shall assess options for issuing a photo identification card to each person who qualifies for a permanent parking placard, a temporary parking placard, or a special disabled parking license plate and report findings to the legislative transportation committee no later than December 31, 2000. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the international symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard upon submitting a written request to the department. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, private nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use.

          (4) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director.

          (5) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months. If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician. The permanent parking placard and identification card of a disabled person shall be renewed at least every five years, as required by the director, by satisfactory proof of the right to continued use of the privileges. In the event of the permit holder's death, the parking placard and identification card must be immediately surrendered to the department. The department shall match and purge its disabled permit data base with available death record information at least every twelve months.

          (6) Each person who has been issued a permanent disabled parking permit on or before July 1, 1998, must renew the permit no later than July 1, 2003, subject to a schedule to be set by the department, or the permit will expire.

          (7) Additional fees shall not be charged for the issuance of the special placards or the identification cards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle.

          (8) Any unauthorized use of the special placard, special license plate, or identification card is a traffic infraction with a monetary penalty of two hundred fifty dollars.

          (9) It is a parking infraction, with a monetary penalty of two hundred fifty dollars for a person to make inaccessible the access aisle located next to a space reserved for physically disabled persons. The clerk of the court shall report all violations related to this subsection to the department.

          (10) It is a parking infraction, with a monetary penalty of two hundred fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. A local jurisdiction providing nonmetered, on-street parking places reserved for physically disabled persons may impose by ordinance time restrictions of no less than four hours on the use of these parking places. A local jurisdiction may impose by ordinance time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards. All time restrictions must be clearly posted.

          (11) The penalties imposed under subsections (9) and (10) of this section shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle.

          (12) Except as provided by subsection (2) of this section, it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special license plate, placard, or identification card in a manner other than that established under this section.

          (13)(a) A law enforcement agency authorized to enforce parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twenty-one years of age. The law enforcement agency appointing volunteers may establish any other qualifications the agency deems desirable.

          (b) An agency appointing volunteers under this section must provide training to the volunteers before authorizing them to issue notices of infractions.

          (c) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a notice of infraction issued by a police officer for the same offense.

          (d) A police officer or a volunteer may request a person to show the person's identification card or special parking placard when investigating the possibility of a violation of this section. If the request is refused, the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.

          (14) For second or subsequent violations of this section, in addition to a monetary fine, the violator must complete a minimum of forty hours of:

          (a) Community ((service)) restitution for a nonprofit organization that serves the disabled community or persons having disabling diseases; or

          (b) Any other community ((service)) restitution that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

          (15) The court may not suspend more than one-half of any fine imposed under subsection (8), (9), (10), or (12) of this section.


          Sec. 27. RCW 46.20.031 and 1999 c 6 s 7 are each amended to read as follows:

          The department shall not issue a driver's license to a person:

          (1) Who is under the age of sixteen years;

          (2) Whose driving privilege has been withheld unless and until the department may authorize the driving privilege under RCW 46.20.311;

          (3) Who has been classified as an alcoholic, drug addict, alcohol abuser, or drug abuser by a program approved by the department of social and health services. The department may, however, issue a license if the person:

          (a) Has been granted a deferred prosecution under chapter 10.05 RCW; or

          (b) Is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol or drug abuse problem;

          (4) Who has previously been adjudged to be mentally ill or insane, or to be incompetent due to a mental disability or disease. The department shall, however, issue a license to the person if he or she otherwise qualifies and:

          (a) Has been restored to competency by the methods provided by law; or

          (b) The superior court finds the person able to operate a motor vehicle with safety upon the highways during such incompetency;

          (5) Who has not passed the driver's licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;

          (6) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;

          (7) Who is unable to safely operate a motor vehicle upon the highways due to a physical or mental disability. The department's conclusion that a person is barred from licensing under this subsection must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction;

          (8) Who has violated his or her written promise to appear, respond, or comply regarding a notice of infraction issued for abandonment of a vehicle in violation of RCW 46.55.105, unless:

          (a) The court has not notified the department of the violation;

          (b) The department has received notice from the court showing that the person has been found not to have committed the violation of RCW 46.55.105; or

          (c) The person has paid all monetary penalties owing, including completion of community ((service)) restitution, and the court is satisfied that the person has made restitution as provided by RCW 46.55.105(2).


          Sec. 28. RCW 46.30.020 and 1991 sp.s. c 25 s 1 are each amended to read as follows:

          (1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.

          (b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.

          (c) When asked to do so by a law enforcement officer, failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.

          (d) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community ((service)) restitution.

          (2) If a person cited for a violation of subsection (1) of this section appears in person before the court and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court may assess court administrative costs of twenty-five dollars at the time of dismissal.

          (3) The provisions of this chapter shall not govern:

          (a) The operation of a motor vehicle registered under RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or

          (b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.

          (4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.


          Sec. 29. RCW 46.63.120 and 1979 ex.s. c 136 s 14 are each amended to read as follows:

          (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

          (2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community ((service)) restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.


          Sec. 30. RCW 66.20.200 and 1994 c 201 s 1 are each amended to read as follows:

          It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee or store employee. Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution.


          Sec. 31. RCW 66.44.291 and 1987 c 101 s 1 are each amended to read as follows:

          Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of RCW 66.44.290 is guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution.


          Sec. 32. RCW 66.44.325 and 1987 c 101 s 2 are each amended to read as follows:

          Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community ((service)) restitution shall require not fewer than twenty-five hours of ((such service)) community restitution: PROVIDED, That corroborative testimony of a witness other than the minor shall be a condition precedent to conviction.


          Sec. 33. RCW 69.50.425 and 1989 c 271 s 105 are each amended to read as follows:

          A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community ((service)) restitution. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.


          Sec. 34. RCW 70.93.060 and 1997 c 159 s 1 are each amended to read as follows:

          (1) No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

          (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

          (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of said private or public property or waters.

          (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

          (b) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

          (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community ((service)) restitution in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW ((43.51.048(2))) 79A.05.050(2).

          (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.


          Sec. 35. RCW 70.93.250 and 1998 c 257 s 10 and 1998 c 245 s 128 are each reenacted and amended to read as follows:

          (1) The department shall provide funding to local units of government to establish, conduct, and evaluate community ((service)) restitution and other programs for waste reduction, litter and illegal dump cleanup, and recycling. Programs eligible for funding under this section shall include, but not be limited to, programs established pursuant to RCW 72.09.260.

          (2) Funds may be offered for costs associated with community waste reduction, litter cleanup and prevention, and recycling activities. The funding program must be flexible, allowing local governments to use funds broadly to meet their needs to reduce waste, control litter and illegal dumping, and promote recycling. Local governments are required to contribute resources or in-kind services. The department shall evaluate funding requests from local government according to the same criteria as those developed in RCW 70.93.220, provide funds according to the effectiveness and efficiency of local government litter control programs, and monitor the results of all local government programs under this section.

          (3) Local governments shall report information as requested by the department in funding agreements entered into by the department and a local government. The department shall report to the appropriate standing committees of the legislature by December of even-numbered years on the effectiveness of local government waste reduction, litter, and recycling programs funded under this section.


          Sec. 36. RCW 70.155.080 and 1998 c 133 s 2 are each amended to read as follows:

          (1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in up to four hours of community ((service)) restitution, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

          (2) Municipal and district courts within the state have jurisdiction for enforcement of this section.


          Sec. 37. RCW 72.09.060 and 1989 c 185 s 3 are each amended to read as follows:

          The department of corrections may be organized into such divisions or offices as the secretary may determine, but shall include divisions for (1) correctional industries, (2) prisons and other custodial institutions and (3) probation, parole, community ((service)) restitution, restitution, and other nonincarcerative sanctions. The secretary shall have at least one person on his or her staff who shall have the responsibility for developing a program which encourages the use of volunteers, for citizen advisory groups, and for similar public involvement programs in the corrections area. Minimum qualification for staff assigned to public involvement responsibilities shall include previous experience in working with volunteers or volunteer agencies.


          Sec. 38. RCW 72.09.100 and 1995 1st sp.s. c 19 s 33 are each amended to read as follows:

          It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

          (1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.

          The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.

          The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

          Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

          An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

          (2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

          Security and custody services shall be provided without charge by the department of corrections.

          Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

          Subject to approval of the correctional industries board, provisions of RCW 41.06.380 prohibiting contracting out work performed by classified employees shall not apply to contracts with Washington state businesses entered into by the department of corrections through class II industries.

          (3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

          (a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

          (b) Whenever possible, to provide forty hours of work or work training per week.

          (c) Whenever possible, to offset tax and other public support costs.

          Supervising, management, and custody staff shall be employees of the department.

          All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

          Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.

          (4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

          Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

          The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

          Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

          (5) CLASS V: COMMUNITY ((SERVICE)) RESTITUTION PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an inmate, placed on community supervision, to work off all or part of a community ((service)) restitution order as ordered by the sentencing court.

          Employment shall be in a community ((service)) restitution program operated by the state, local units of government, or a nonprofit agency.

          To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.


          Sec. 39. RCW 72.09.260 and 1990 c 66 s 2 are each amended to read as follows:

          (1) The department shall assist local units of government in establishing community ((service)) restitution programs for litter cleanup. Community ((service)) restitution litter cleanup programs must include the following: (a) Procedures for documenting the number of community ((service)) restitution hours worked in litter cleanup by each offender; (b) plans to coordinate litter cleanup activities with local governmental entities responsible for roadside and park maintenance; (c) insurance coverage for offenders during litter cleanup activities pursuant to RCW 51.12.045; (d) provision of adequate safety equipment and, if needed, weather protection gear; and (e) provision for including felons and misdemeanants in the program.

          (2) Community ((service)) restitution programs established under this section shall involve, but not be limited to, persons convicted of nonviolent, drug-related offenses.

          (3) Nothing in this section shall diminish the department's authority to place offenders in community ((service)) restitution programs or to determine the suitability of offenders for specific programs.

          (4) As used in this section, "litter cleanup" includes cleanup and removal of solid waste that is illegally dumped.


          Sec. 40. RCW 79A.05.050 and 1996 c 263 s 3 are each amended to read as follows:

          (1) The commission shall establish a policy and procedures for supervising and evaluating community ((service)) restitution activities that may be imposed under RCW 70.93.060(3) including a description of what constitutes satisfactory completion of community ((service)) restitution.

          (2) The commission shall inform each state park of the policy and procedures regarding community ((service)) restitution activities, and each state park shall then notify the commission as to whether or not the park elects to participate in the community ((service)) restitution program. The commission shall transmit a list notifying the district courts of each state park that elects to participate."


          On page 1, line 1 of the title, after "service;" strike the remainder of the title and insert "amending RCW 7.80.130, 7.80.160, 7.84.110, 7.84.130, 9.94A.200, 9.94A.380, 9.94A.400, 10.98.040, 13.40.020, 13.40.0357, 13.40.080, 13.40.160, 13.40.165, 13.40.180, 13.40.200, 13.40.205, 13.40.210, 13.40.250, 28A.225.090, 35.21.209, 35A.21.220, 36.16.139, 46.16.381, 46.20.031, 46.30.020, 46.63.120, 66.20.200, 66.44.291, 66.44.325, 69.50.425, 70.93.060, 70.155.080, 72.09.060, 72.09.100, 72.09.260, and 79A.05.050; and reenacting and amending RCW 9.94A.030, 9.94A.040, 9.94A.120, and 70.93.250."

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Passed to Rules Committee for Second Reading.


February 23, 2000

ESB 5667            Prime Sponsor, Senator West: Increasing the number of untaxed complimentary tickets available for boxing, kickboxing, martial arts, and wrestling. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair and McMorris.

 

MINORITY recommendation: Do not pass. Signed by Representatives Hurst and McIntire.


          Voting yea: Representatives Clements, Conway, B. Chandler, Wood and McMorris.

          Voting nay: Representatives Hurst and McIntire.

          Excused: Representative Lisk.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 5733            Prime Sponsor, Committee on Senate Human Services & Corrections: Revising law governing the sealing of juvenile records. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 13.50.050 and 1999 c 198 s 4 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 (12) or (13) 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, 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) Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school. Upon the decision to arrest or the arrest, incident reports may be released unless releasing the records would jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the investigation or prosecution or endanger witnesses, law enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.

          (8) 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.

          (9) 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.

          (10) 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.

          (11) 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 (((23))) (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.

          (12) The court shall grant the motion to seal records made pursuant to subsection (11) of this section if it finds that:

          (a) For class B offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent ten consecutive years in the community without committing any offense or crime that subsequently results in conviction. For class C offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction. For misdemeanors and diversions, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent two consecutive years in the community without committing any offense or crime that subsequently results in conviction and the person is at least eighteen years old. For gross misdemeanors, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent three consecutive years in the community without committing any offense or crime that subsequently results in conviction and the person is at least eighteen years old;

          (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;

          (c) No proceeding is pending seeking the formation of a diversion agreement with that person;

          (d) The person has not been convicted of a class A or sex offense; and

          (e) Full restitution has been paid.

          (13) If a person seeking the sealing of records for class B offenses, other than sex offenses, files with the court a motion to seal records under subsection (11) of this section after having spent only five years in the community without committing any offense or crime subsequently resulting in conviction, the court has discretion to grant the motion to seal records if the court finds that, in addition to meeting the criteria stated in subsection (12)(b) through (e) of this section:

          (a) The person has spent five consecutive years in the community without committing any offense or crime that subsequently resulted in conviction;

          (b) Credible evidence displays that a present career path for the person is impeded by the existing record;

          (c) The person is at least twenty-one years old; and

          (d) The person has lived an exemplary life since committing the last offense or crime.

          (14) The person making a motion pursuant to subsection (11) 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.

          (((14))) (15) If the court grants the motion to seal made pursuant to subsection (11) of this section, it shall, subject to subsection (((23))) (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.

          (((15))) (16) 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 (((23))) (24) of this section.

          (((16))) (17) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW. The Washington state patrol shall develop an automated system to retrieve information after a sealing order has been nullified.

          (((17))) (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 (((23))) (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

          (((18))) (19) If the court grants the motion to destroy records made pursuant to subsection (((17))) (18) of this section, it shall, subject to subsection (((23))) (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

          (((19))) (20) The person making the motion pursuant to subsection (((17))) (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.

          (((20))) (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.

          (((21))) (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.

          (((22))) (23) Any juvenile justice or care agency may, subject to the limitations in subsection (((23))) (24) of this section and (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.

          (((23))) (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.

          (((24))) (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."


          Correct the title.

 

Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Dickerson; Kastama; Lantz and Lovick.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Lambert, Republican Vice Chair; Cox; Esser; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Dickerson, Kastama, Lantz and Lovick.

          Voting nay: Representatives Lambert, Cox, Esser, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 5739               Prime Sponsor, Senator Thibaudeau: Preparing certificates of death or fetal death. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Mulliken; Pennington and Ruderman.


          Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Mulliken, Pennington and Ruderman.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 5805            Prime Sponsor, Committee on Senate Health & Long-Term Care: Completing the prescriptive authority of advanced registered nurse practitioners. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Mulliken; Pennington and Ruderman.


          Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Mulliken, Pennington and Ruderman.


          Passed to Rules Committee for Second Reading.


February 24, 2000

ESB 5816            Prime Sponsor, Senator Haugen: Enabling counties planning under chapter 36.70A RCW to create nine lots in a short subdivision within a designated urban growth area. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


          On page 3, beginning on line 22, strike all material through line 30


          Beginning on page 3, line 31, strike all of section 2


          Beginning on page 5, line 22, strike all of section 3


          Correct the title.

 

Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Mielke, Republican Vice Chair; Edwards; Ericksen and Fortunato.

 

MINORITY recommendation: Do not pass. Signed by Representatives Doumit, Democratic Vice Chair and Fisher.


          Voting yea: Representatives Mulliken, Scott, Mielke, Edwards, Ericksen and Fortunato.

          Voting nay: Representatives Doumit and Fisher.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 5924            Prime Sponsor, Committee on Senate Commerce, Trade, Housing & Financing: Modifying real estate appraiser laws. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; DeBolt; Keiser; Quall; Santos; Sullivan and Talcott.


          Voting yea: Representatives Benson, Hatfield, Bush, McIntire, Barlean, Cairnes, DeBolt, Keiser, Quall, Santos and Talcott.

          Excused: Representative Sullivan.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SSB 5932            Prime Sponsor, Committee on Senate Ways & Means: Changing provisions relating to bond debt service payments from the community and technical college capital projects account. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives Alexander, Republican Co-Chair; Murray, Democratic Co-Chair; Edmonds, Democratic Vice Chair; Esser, Republican Vice Chair; Anderson; Barlean; Bush; Constantine; Dunshee; Hankins; Koster; Lantz; Mastin; Miloscia; O'Brien; Ogden; Schoesler and Woods.


          Voting yea: Representatives Alexander, Murray, Edmonds, Esser, Anderson, Barlean, Bush, Dunshee, Hankins, Koster, Lantz, Mastin, Miloscia, O'Brien, Ogden, Schoesler and Woods.

          Excused: Representative Constantine.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SSB 6071            Prime Sponsor, Committee on Senate Judiciary: Increasing penalties for hit and run where an injury or death occurs. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 46.52.020 and 1990 c 210 s 2 are each amended to read as follows:

          (1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

          (2) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to, and in any event shall remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

          (3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.

          (4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section ((under said circumstances shall be)) in the case of an accident resulting in death is guilty of a class B felony and, upon conviction, is punishable according to chapter 9A.20 RCW.

          (b) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony and, upon conviction, ((be punished pursuant to RCW 9A.20.020: PROVIDED, That)) is punishable according to chapter 9A.20 RCW.

          (c) This ((provision)) subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying ((herewith)) with this section.

          (5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.

          (6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department.

          (7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.


          Sec. 2. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

 

                                                                                   TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

   XVI                  Aggravated Murder 1 (RCW 10.95.020)

 

    XV                  Homicide by abuse (RCW 9A.32.055)

                            Malicious explosion 1 (RCW 70.74.280(1))

                            Murder 1 (RCW 9A.32.030)

 

   XIV                  Murder 2 (RCW 9A.32.050)

 

   XIII                  Malicious explosion 2 (RCW 70.74.280(2))

                            Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

     XII                  Assault 1 (RCW 9A.36.011)

                            Assault of a Child 1 (RCW 9A.36.120)

                            Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                            Rape 1 (RCW 9A.44.040)

                            Rape of a Child 1 (RCW 9A.44.073)

 

      XI                  Manslaughter 1 (RCW 9A.32.060)

                            Rape 2 (RCW 9A.44.050)

                            Rape of a Child 2 (RCW 9A.44.076)

 

       X                  Child Molestation 1 (RCW 9A.44.083)

                            Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                            Kidnapping 1 (RCW 9A.40.020)

                            Leading Organized Crime (RCW 9A.82.060(1)(a))

                            Malicious explosion 3 (RCW 70.74.280(3))

                            Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

 

      IX                  Assault of a Child 2 (RCW 9A.36.130)

                            Controlled Substance Homicide (RCW 69.50.415)

                            Explosive devices prohibited (RCW 70.74.180)

                            Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                            Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                            Malicious placement of an explosive 2 (RCW 70.74.270(2))

                            Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                            Robbery 1 (RCW 9A.56.200)

                            Sexual Exploitation (RCW 9.68A.040)

                            Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

   VIII                  Arson 1 (RCW 9A.48.020)

                            Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Hit and Run--Death (RCW 46.52.020(4)(a))

                            Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                            Manslaughter 2 (RCW 9A.32.070)

                            Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                            Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                            Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                            Promoting Prostitution 1 (RCW 9A.88.070)

                            Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                            Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 

     VII                  Burglary 1 (RCW 9A.52.020)

                            Child Molestation 2 (RCW 9A.44.086)

                            Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                            Drive-by Shooting (RCW 9A.36.045)

                            Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                            Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                            Introducing Contraband 1 (RCW 9A.76.140)

                            Involving a minor in drug dealing (RCW 69.50.401(f))

                            Malicious placement of an explosive 3 (RCW 70.74.270(3))

                            Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                            Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                            Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                            Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

 

      VI                  Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                            Bribery (RCW 9A.68.010)

                            Incest 1 (RCW 9A.64.020(1))

                            Intimidating a Judge (RCW 9A.72.160)

                            Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                            Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                            Rape of a Child 3 (RCW 9A.44.079)

                            Theft of a Firearm (RCW 9A.56.300)

 

       V                  Abandonment of dependent person 1 (RCW 9A.42.060)

                            Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                            Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                            Child Molestation 3 (RCW 9A.44.089)

                            Criminal Mistreatment 1 (RCW 9A.42.020)

                            Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                            Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                            Extortion 1 (RCW 9A.56.120)

                            Extortionate Extension of Credit (RCW 9A.82.020)

                            Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                            Incest 2 (RCW 9A.64.020(2))

                            Kidnapping 2 (RCW 9A.40.030)

                            On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                            On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                            On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                            On and after July 1, 2000: Stalking (RCW 9A.46.110)

                            Perjury 1 (RCW 9A.72.020)

                            Persistent prison misbehavior (RCW 9.94.070)

                            Possession of a Stolen Firearm (RCW 9A.56.310)

                            Rape 3 (RCW 9A.44.060)

                            Rendering Criminal Assistance 1 (RCW 9A.76.070)

                            Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                            Sexually Violating Human Remains (RCW 9A.44.105)

 

      IV                  Arson 2 (RCW 9A.48.030)

                            Assault 2 (RCW 9A.36.021)

                            Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                            Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                            Commercial Bribery (RCW 9A.68.060)

                            Counterfeiting (RCW 9.16.035(4))

                            Escape 1 (RCW 9A.76.110)

                            Hit and Run--Injury ((Accident)) (RCW 46.52.020(4)(b))

                            Hit and Run with Vessel--Injury Accident (RCW ((88.12.155)) 79A.60.200(3))

                            Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                            Influencing Outcome of Sporting Event (RCW 9A.82.070)

                            Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                            Malicious Harassment (RCW 9A.36.080)

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                            Residential Burglary (RCW 9A.52.025)

                            Robbery 2 (RCW 9A.56.210)

                            Theft of Livestock 1 (RCW 9A.56.080)

                            Threats to Bomb (RCW 9.61.160)

                            Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                            Vehicular Assault (RCW 46.61.522)

                            Willful Failure to Return from Furlough (RCW 72.66.060)

 

      III                  Abandonment of dependent person 2 (RCW 9A.42.070)

                            Assault 3 (RCW 9A.36.031)

                            Assault of a Child 3 (RCW 9A.36.140)

                            Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                            Burglary 2 (RCW 9A.52.030)

                            Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                            Criminal Gang Intimidation (RCW 9A.46.120)

                            Criminal Mistreatment 2 (RCW 9A.42.030)

                            Custodial Assault (RCW 9A.36.100)

                            Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                            Escape 2 (RCW 9A.76.120)

                            Extortion 2 (RCW 9A.56.130)

                            Harassment (RCW 9A.46.020)

                            Intimidating a Public Servant (RCW 9A.76.180)

                            Introducing Contraband 2 (RCW 9A.76.150)

                            Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                            Malicious Injury to Railroad Property (RCW 81.60.070)

                            Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                            Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                            Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                            Perjury 2 (RCW 9A.72.030)

                            Possession of Incendiary Device (RCW 9.40.120)

                            Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                            Promoting Prostitution 2 (RCW 9A.88.080)

                            Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                            Securities Act violation (RCW 21.20.400)

                            Tampering with a Witness (RCW 9A.72.120)

                            Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                            Theft of Livestock 2 (RCW 9A.56.080)

                            Unlawful Imprisonment (RCW 9A.40.040)

                            Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                            Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                            Willful Failure to Return from Work Release (RCW 72.65.070)

 

       II                  Computer Trespass 1 (RCW 9A.52.110)

                            Counterfeiting (RCW 9.16.035(3))

                            Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                            Escape from Community Custody (RCW 72.09.310)

                            Health Care False Claims (RCW 48.80.030)

                            Malicious Mischief 1 (RCW 9A.48.070)

                            Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                            Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                            Possession of Stolen Property 1 (RCW 9A.56.150)

                            Theft 1 (RCW 9A.56.030)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                            Trafficking in Insurance Claims (RCW 48.30A.015)

                            Unlawful Practice of Law (RCW 2.48.180)

                            Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

 

         I                  Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                            False Verification for Welfare (RCW 74.08.055)

                            Forged Prescription (RCW 69.41.020)

                            Forged Prescription for a Controlled Substance (RCW 69.50.403)

                            Forgery (RCW 9A.60.020)

                            Malicious Mischief 2 (RCW 9A.48.080)

                            Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                            Possession of Stolen Property 2 (RCW 9A.56.160)

                            Reckless Burning 1 (RCW 9A.48.040)

                            Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                            Theft 2 (RCW 9A.56.040)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                            Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                            Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                            Vehicle Prowl 1 (RCW 9A.52.095)


          Sec. 3. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:

 

                                                   DESCRIPTION AND OFFENSE CATEGORY

juvenile

disposition

offense

category




description (rcw citation)

juvenile disposition

category for attempt,

bailjump, conspiracy,

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

 

B+

Drive-By Shooting (9A.36.045)

C+

 

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

Residential Burglary (9A.52.025)

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

 

C

Vehicle Prowling 1 (9A.52.095)

D

 

D

Vehicle Prowling 2 (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, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (i) or (ii))

B+

 

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii))

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

Unlawful Inhalation (9.47A.020)

E

 

B

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (i) or (ii))

B

 

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v))

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

 

B

Theft of Firearm (9A.56.300)

C

 

B

Possession of Stolen Firearm (9A.56.310)

C

 

E

Carrying Loaded Pistol Without Permit (9.41.050)

E

 

C

Possession of Firearms by Minor (<18) (9.41.040(1)(b)(iii))

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+

Obstructing Governmental Operation

 

D

Obstructing a Law Enforcement Officer (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+

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+

Indecent Exposure (Victim <14) (9A.88.010)

E

 

E

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+

 

A-

Child Molestation 1 (9A.44.083)

B+

 

B

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.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 (46.20.005)

E

 

B+

Hit and Run - Death (46.52.020(4)(a))

C+

 

C

Hit and Run - Injury (46.52.020(4)(b))

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 (46.61.502 and 46.61.504)

E

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

 

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.

 

JUVENILE SENTENCING STANDARDS

 

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

 

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 


                  A+        180 WEEKS TO AGE 21 YEARS

 

                  A          103 WEEKS TO 129 WEEKS

 

                  A-         15-36                |52-65       |80-100      |103-129

                               WEEKS            |WEEKS   |WEEKS   |WEEKS

                               EXCEPT           |||

                               30-40                |||

                               WEEKS FOR   |||

                               15-17                |||

                               YEAR OLDS   |||

 

Current     B+        15-36                                  |52-65       |80-100      |103-129

Offense                  WEEKS                              |WEEKS   |WEEKS   |WEEKS

Category 

                  B          LOCAL                              |                 |52-65

                                SANCTIONS (LS)             |15-36 WEEKS           |WEEKS

 

                  C+        LS                                                         |

                                                                                             |15-36 WEEKS

 

                  C          LS                                                                           |15-36 WEEKS

                                                         Local Sanctions:                           |

                                                         0 to 30 Days 

                  D+        LS                     0 to 12 Months Community Supervision

                                                         0 to 150 Hours Community Service

                  D          LS                     $0 to $500 Fine

 

                  E           LS 

 

                                    0                    1                    2                3                4 or more

                                                          PRIOR ADJUDICATIONS

 

NOTE: References in the grid to days or weeks mean periods of confinement.

          (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

          (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as ¼ point. Fractional points shall be rounded down.

          (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

          (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

          (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

 

OR

 

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

 

          If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(((5))) (4) and 13.40.165.

 

OR

 

OPTION C

MANIFEST INJUSTICE

 

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2)."


          Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 23, 2000

SSB 6117            Prime Sponsor, Committee on Senate Education: Increasing penalties for persons who interfere with school activities. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine and Kagi.

 

MINORITY recommendation: Without recommendation. Signed by Representative Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine and Kagi.

          Voting nay: Representative Koster.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6121               Prime Sponsor, Senator Wojahn: Continuing the diabetes cost reduction act. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Mulliken; Pennington and Ruderman.


          Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Mulliken, Pennington and Ruderman.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SB 6123               Prime Sponsor, Senator B. Sheldon: Authorizing parking and business improvement areas to sponsor public events. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


          Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6138               Prime Sponsor, Senator Johnson: Modifying disclaimer of interests under the probate and trust laws. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6139               Prime Sponsor, Senator Johnson: Modifying estate tax apportionment. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6140               Prime Sponsor, Senator Johnson: Updating probate and trust laws. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SSB 6147            Prime Sponsor, Committee on Senate Natural Resources, Parks & Recreation: Creating the Washington state parks gift foundation. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Republican Co-Chair; Regala, Democratic Co-Chair; Anderson, Democratic Vice Chair; Sump, Republican Vice Chair; Doumit; Ericksen; Pennington and Stensen.

 

MINORITY recommendation: Do not pass. Signed by Representatives G. Chandler; Clements; Eickmeyer and Rockefeller.


          Voting yea: Representatives Buck, Regala, Anderson, Sump, Doumit, Ericksen, Pennington and Stensen.

          Voting nay: Representatives G. Chandler, Clements, Eickmeyer and Rockefeller.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SB 6154               Prime Sponsor, Senator Costa: Allowing county clerks to accept credit cards. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


          On page 1, line 13, after "compensation" insert ", consistent with RCW 36.48.010, 36.48.080, and 36.48.090"

 

Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


          Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6172               Prime Sponsor, Senator Fraser: Allowing minors to donate bone marrow. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Pennington and Ruderman.

 

MINORITY recommendation: Without recommendation. Signed by Representative Mulliken.


          Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Pennington and Ruderman.

          Voting nay: Representative Mulliken.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SSB 6182            Prime Sponsor, Committee on Senate Judiciary: Specifying the effect that changes in law will have on sentencing provisions. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6186            Prime Sponsor, Committee on Senate Judiciary: Revising Article 9 of the Uniform Commercial Code. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6190               Prime Sponsor, Senator Patterson: Promoting expeditious resolution of public use disputes in eminent domain proceedings. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald, and Schindler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6194            Prime Sponsor, Committee on Senate Natural Resources, Parks & Recreation: Attempting to limit the incidents of rural garbage dumping. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 70.93.030 and 1998 c 257 s 3 are each amended to read as follows:

          As used in this chapter unless the context indicates otherwise:

          (1) "Conveyance" means a boat, airplane, or vehicle;

          (2) "Department" means the department of ecology;

          (((2))) (3) "Director" means the director of the department of ecology;

          (((3))) (4) "Disposable package or container" means all packages or containers defined as such by rules and regulations adopted by the department of ecology;

          (((4))) (5) "Junk vehicle" has the same meaning as defined in RCW 46.55.010;

          (6) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing;

          (((5))) (7) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity;

          (((6))) (8) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter;

          (((7))) (9) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever;

          (((8))) (10) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests;

          (11) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration;

          (((9))) (12) "Recycling center" means a central collection point for recyclable materials;

          (((10))) (13) "To litter" means a single or cumulative act of disposing of litter;

          (14) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks;

          (((11))) (15) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials;

          (((12))) (16) "Watercraft" means any boat, ship, vessel, barge, or other floating craft((;

          (13) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests)).


          Sec. 2. RCW 70.93.060 and 1997 c 159 s 1 are each amended to read as follows:

          (1) It is a violation of this section to abandon a junk vehicle upon any property located in an unincorporated area of a county. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

          (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

          (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of said private or public property or waters.

          (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

          (b) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an incorporated area of a county. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

          (c) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than five cubic yards in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

          (d) It is a gross misdemeanor for a person to litter in an amount of five cubic yards or more in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

          (e) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

          (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community service in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW ((43.51.048(2))) 79A.05.050.

          (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.


          NEW SECTION. Sec. 3. A new section is added to chapter 70.93 RCW to read as follows:

          (1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, a peace officer specified under RCW 9A.04.110 may seize without warrant vehicles, conveyances, gear, appliances, or any other items or articles they have probable cause to believe have been used in violation of RCW 70.93.060(2)(d) or 70.95.240(2)(d). However, a peace officer may not seize any item or article, other than for evidence, if under the circumstances it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the enforcement agency that seized the property under this section, and is limited to property owned by the person charged with the violation except where specifically provided in this section. Property seized may be recovered by its owner by depositing into court a cash bond equal to the value of the seized property but not more than twenty-five thousand dollars. Such cash bond is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property intended to be a remedial civil sanction.

          (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.

          (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the agency that seized the property.

          (4) If any person timely serves the administrative head of the enforcement agency that seized the property with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the administrator or the administrator's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars.

          (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in Title 34 RCW. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of RCW 70.93.060(2)(d) or 70.95.240(2)(d). The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:

          (a) That the property was not held with intent to violate or used in violation of RCW 70.93.060(2)(d) or 70.95.240(2)(d); or

          (b) If the property is a conveyance, that the illegal use or planned illegal use of the conveyance occurred without the owner's knowledge or consent, or that the owner acted reasonably to prevent illegal uses of the conveyance.

          (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. No security interest in seized property may be perfected after seizure. A person whose conveyance is subject to forfeiture under this section is prohibited from encumbering, selling, or transferring his or her interest in the conveyance, except as provided in RCW 46.61.5058(1) (a), (b), and (c).

          (7) If seized property is forfeited under this section, the enforcement agency may, after full satisfaction of any security interest encumbering the property, retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing the criminal law, or sell such property, and retain the net proceeds and use the proceeds to expand and improve the enforcement agency's litter control activity. Money retained under this section may not be used to supplant preexisting funding sources.


          Sec. 4. RCW 70.95.240 and 1998 c 36 s 19 are each amended to read as follows:

          (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section does not:

          (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;

          (b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW 70.95.205; or

          (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

          (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

          (b) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot in an unincorporated area of a county. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

          (c) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than five cubic yards in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

          (d) It is a gross misdemeanor for a person to litter in an amount of five cubic yards or more in an unincorporated area of a county. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. A violation of this subsection (2)(d) may result in the seizure and forfeiture of property in accordance with the procedures established in section 3 of this act.

          (e) If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.


          Sec. 5. RCW 46.55.230 and 1991 c 292 s 2 are each amended to read as follows:

          (1) Notwithstanding any other provision of law, any law enforcement officer having jurisdiction, or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240, or any person authorized by the director shall inspect and may authorize the disposal of an abandoned junk vehicle. The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the scrap in it.

          (2) The law enforcement officer or department representative shall provide information on the vehicle's registered and legal owner to the landowner.

          (3) Upon receiving information on the vehicle's registered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department. The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle.

          (4) If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.

          (5) If no information on the vehicle's registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.

          (6)(a) It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located in an incorporated area. If a junk vehicle is abandoned in an incorporated area, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle.

          (b) It is a misdemeanor for a person to abandon a junk vehicle on property located in an unincorporated area. If a junk vehicle is abandoned in an unincorporated area, the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to the law enforcement agency or jurisdictional health department investigating the incident.

          (7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.

          (8) A person complying in good faith with the requirements of this section is immune from any liability arising out of an action taken or omission made in the compliance.


          NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


          Correct the title.

 

Signed by Representatives Buck, Republican Co-Chair; Regala, Democratic Co-Chair; Anderson, Democratic Vice Chair; Sump, Republican Vice Chair; G. Chandler; Clements; Doumit; Eickmeyer; Ericksen; Pennington and Stensen.


          Voting yea: Representatives Buck, Regala, Anderson, Sump, Clements, Doumit, Eickmeyer, Ericksen, Pennington, Rockefeller and Stensen.

          Excused: Representative G. Chandler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

2SSB 6199          Prime Sponsor, Committee on Senate Ways & Means: Adopting a patient bill of rights. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. PATIENT RIGHTS. It is the intent of the legislature that enrollees covered by health plans receive quality health care designed to maintain and improve their health. The purpose of this act is to ensure that health plan enrollees:

          (1) Have improved access to information regarding their health plans;

          (2) Have sufficient and timely access to appropriate health care services, and choice among health care providers;

          (3) Are assured that health care decisions are made by appropriate medical personnel;

          (4) Have access to a quick and impartial process for appealing plan decisions;

          (5) Are protected from unnecessary invasions of health care privacy; and

          (6) Are assured that personal health care information will be used only as necessary to obtain and pay for health care or to improve the quality of care.


          NEW SECTION. Sec. 2. A new section is added to chapter 70.02 RCW to read as follows:

          HEALTH INFORMATION PRIVACY. Third-party payors shall not release health care information disclosed under this chapter, except to the extent that health care providers are authorized to do so under RCW 70.02.050.


          Sec. 3. RCW 70.02.110 and 1991 c 335 s 402 are each amended to read as follows:

          HEALTH INFORMATION PRIVACY. (1) In making a correction or amendment, the health care provider shall:

          (a) Add the amending information as a part of the health record; and

          (b) Mark the challenged entries as corrected or amended entries and indicate the place in the record where the corrected or amended information is located, in a manner practicable under the circumstances.

          (2) If the health care provider maintaining the record of the patient's health care information refuses to make the patient's proposed correction or amendment, the provider shall:

          (a) Permit the patient to file as a part of the record of the patient's health care information a concise statement of the correction or amendment requested and the reasons therefor; and

          (b) Mark the challenged entry to indicate that the patient claims the entry is inaccurate or incomplete and indicate the place in the record where the statement of disagreement is located, in a manner practicable under the circumstances.

          (3) A health care provider who receives a request from a patient to amend or correct the patient's health care information, as provided in RCW 70.02.100, shall forward any changes made in the patient's health care information or health record, including any statement of disagreement, to any third-party payor or insurer to which the health care provider has disclosed the health care information that is the subject of the request.


          Sec. 4. RCW 70.02.900 and 1991 c 335 s 901 are each amended to read as follows:

          HEALTH INFORMATION PRIVACY. (1) This chapter does not restrict a health care provider, a third-party payor, or an insurer regulated under Title 48 RCW from complying with obligations imposed by federal or state health care payment programs or federal or state law.

          (2) This chapter does not modify the terms and conditions of disclosure under Title 51 RCW and chapters 13.50, 26.09, 70.24, 70.39, 70.96A, 71.05, and 71.34 RCW and rules adopted under these provisions.


          NEW SECTION. Sec. 5. HEALTH INFORMATION PRIVACY. (1) Health carriers and insurers shall adopt policies and procedures that conform administrative, business, and operational practices to protect an enrollee's right to privacy or right to confidential health care services granted under state or federal laws.

          (2) The commissioner may adopt rules to implement this section after considering relevant standards adopted by national managed care accreditation organizations and the national association of insurance commissioners, and after considering the effect of those standards on the ability of carriers to undertake enrollee care management and disease management programs.


          NEW SECTION. Sec. 6. INFORMATION DISCLOSURE. (1) A carrier that offers a health plan may not offer to sell a health plan to an enrollee or to any group representative, agent, employer, or enrollee representative without first offering to provide, and providing upon request, the following information before purchase or selection:

          (a) A listing of covered benefits, including prescription drug benefits, if any, a copy of the current formulary, if any is used, definitions of terms such as generic versus brand name, and policies regarding coverage of drugs, such as how they become approved or taken off the formulary, and how consumers may be involved in decisions about benefits;

          (b) A listing of exclusions, reductions, and limitations to covered benefits, and any definition of medical necessity or other coverage criteria upon which they may be based;

          (c) A statement of the carrier's policies for protecting the confidentiality of health information;

          (d) A statement of the cost of premiums and any enrollee cost-sharing requirements;

          (e) A summary explanation of the carrier's grievance process;

          (f) A statement regarding the availability of a point-of-service option, if any, and how the option operates; and

          (g) A convenient means of obtaining lists of participating primary care and specialty care providers, including disclosure of network arrangements that restrict access to providers within any plan network. The offer to provide the information referenced in this subsection (1) must be clearly and prominently displayed on any information provided to any prospective enrollee or to any prospective group representative, agent, employer, or enrollee representative.

          (2) Upon the request of any person, including a current enrollee, prospective enrollee, or the insurance commissioner, a carrier must provide written information regarding any health care plan it offers, that includes the following written information:

          (a) Any documents, instruments, or other information referred to in the medical coverage agreement;

          (b) A full description of the procedures to be followed by an enrollee for consulting a provider other than the primary care provider and whether the enrollee's primary care provider, the carrier's medical director, or another entity must authorize the referral;

          (c) Procedures, if any, that an enrollee must first follow for obtaining prior authorization for health care services;

          (d) A written description of any reimbursement or payment arrangements, including, but not limited to, capitation provisions, fee-for-service provisions, and health care delivery efficiency provisions, between a carrier and a provider or network;

          (e) Descriptions and justifications for provider compensation programs, including any incentives or penalties that are intended to encourage providers to withhold services or minimize or avoid referrals to specialists;

          (f) An annual accounting of all payments made by the carrier which have been counted against any payment limitations, visit limitations, or other overall limitations on a person's coverage under a plan;

          (g) A copy of the carrier's grievance process for claim or service denial and for dissatisfaction with care; and

          (h) Accreditation status with one or more national managed care accreditation organizations, and whether the carrier tracks its health care effectiveness performance using the health employer data information set (HEDIS), whether it publicly reports its HEDIS data, and how interested persons can access its HEDIS data.

          (3) Each carrier shall provide to all enrollees and prospective enrollees a list of available disclosure items.

          (4) Nothing in this section requires a carrier or a health care provider to divulge proprietary information to an enrollee, including the specific contractual terms and conditions between a carrier and a provider.

          (5) No carrier may advertise or market any health plan to the public as a plan that covers services that help prevent illness or promote the health of enrollees unless it:

          (a) Provides all clinical preventive health services provided by the basic health plan, authorized by chapter 70.47 RCW;

          (b) Monitors and reports annually to enrollees on standardized measures of health care and satisfaction of all enrollees in the health plan. The state department of health shall recommend appropriate standardized measures for this purpose, after consideration of national standardized measurement systems adopted by national managed care accreditation organizations and state agencies that purchase managed health care services; and

          (c) Makes available upon request to enrollees its integrated plan to identify and manage the most prevalent diseases within its enrolled population, including cancer, heart disease, and stroke.

          (6) No carrier may preclude or discourage its providers from informing an enrollee of the care he or she requires, including various treatment options, and whether in the providers' view such care is consistent with the plan's health coverage criteria, or otherwise covered by the enrollee's medical coverage agreement with the carrier. No carrier may prohibit, discourage, or penalize a provider otherwise practicing in compliance with the law from advocating on behalf of an enrollee with a carrier. Nothing in this section shall be construed to authorize a provider to bind a carrier to pay for any service.

          (7) No carrier may preclude or discourage enrollees or those paying for their coverage from discussing the comparative merits of different carriers with their providers. This prohibition specifically includes prohibiting or limiting providers participating in those discussions even if critical of a carrier.

          (8) Each carrier must communicate enrollee information required in this act by means that ensure that a substantial portion of the enrollee population can make use of the information.

          (9) The commissioner may adopt rules to implement this section. In developing rules to implement this section, the commissioner shall consider relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.


          NEW SECTION. Sec. 7. ACCESS TO APPROPRIATE HEALTH SERVICES. (1) Each enrollee in a health plan must have adequate choice among health care providers.

          (2) Each carrier must allow an enrollee to choose a primary care provider who is accepting new enrollees from a list of participating providers. Enrollees also must be permitted to change primary care providers at any time with the change becoming effective no later than the beginning of the month following the enrollee's request for the change.

          (3) Each carrier must have a process whereby an enrollee with a complex or serious medical or psychiatric condition may receive a standing referral to a participating specialist for an extended period of time.

          (4) Each carrier must provide for appropriate and timely referral of enrollees to a choice of specialists within the plan if specialty care is warranted. If the type of medical specialist needed for a specific condition is not represented on the specialty panel, enrollees must have access to nonparticipating specialty health care providers.

          (5) Each carrier shall provide enrollees with direct access to the participating chiropractor of the enrollee's choice for covered chiropractic health care without the necessity of prior referral. Nothing in this subsection shall prevent carriers from restricting enrollees to seeing only providers who have signed participating provider agreements or from utilizing other managed care and cost containment techniques and processes. For purposes of this subsection, "covered chiropractic health care" means covered benefits and limitations related to chiropractic health services as stated in the plan's medical coverage agreement, with the exception of any provisions related to prior referral for services.

          (6) Each carrier must provide, upon the request of an enrollee, access by the enrollee to a second opinion regarding any medical diagnosis or treatment plan from a qualified participating provider of the enrollee's choice.

          (7) Each carrier must cover services of a primary care provider whose contract with the plan or whose contract with a subcontractor is being terminated by the plan or subcontractor without cause under the terms of that contract for at least sixty days following notice of termination to the enrollees or, in group coverage arrangements involving periods of open enrollment, only until the end of the next open enrollment period. The provider's relationship with the carrier or subcontractor must be continued on the same terms and conditions as those of the contract the plan or subcontractor is terminating, except for any provision requiring that the carrier assign new enrollees to the terminated provider.

          (8) Every carrier shall meet the standards set forth in this section and any rules adopted by the commissioner to implement this section. In developing rules to implement this section, the commissioner shall consider relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.


          NEW SECTION. Sec. 8. HEALTH CARE DECISIONS. (1) Carriers that offer a health plan shall maintain a documented utilization review program description and written utilization review criteria based on reasonable medical evidence. The program must include a method for reviewing and updating criteria. Carriers shall make clinical protocols, medical management standards, and other review criteria available upon request to participating providers.

          (2) The commissioner shall adopt, in rule, standards for this section after considering relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.

          (3) A carrier shall not be required to use medical evidence or standards in its utilization review of religious nonmedical treatment or religious nonmedical nursing care.


          NEW SECTION. Sec. 9. RETROSPECTIVE DENIAL OF SERVICES. (1) A health carrier that offers a health plan shall not retrospectively deny coverage for emergency and nonemergency care that had prior authorization under the plan's written policies at the time the care was rendered.

          (2) The commissioner shall adopt, in rule, standards for this section after considering relevant standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.


          NEW SECTION. Sec. 10. GRIEVANCE PROCESS. (1) Each carrier that offers a health plan must have a fully operational, comprehensive grievance process that complies with the requirements of this section and any rules adopted by the commissioner to implement this section. For the purposes of this section, the commissioner shall consider grievance process standards adopted by national managed care accreditation organizations and state agencies that purchase managed health care services.

          (2) Each carrier must process as a complaint an enrollee's expression of dissatisfaction about customer service or the quality or availability of a health service. Each carrier must implement procedures for registering and responding to oral and written complaints in a timely and thorough manner.

          (3) Each carrier must provide written notice to an enrollee or the enrollee's designated representative, and the enrollee's provider, of its decision to deny, modify, reduce, or terminate payment, coverage, authorization, or provision of health care services or benefits, including the admission to or continued stay in a health care facility.

          (4) Each carrier must process as an appeal an enrollee's written or oral request that the carrier reconsider: (a) Its resolution of a complaint made by an enrollee; or (b) its decision to deny, modify, reduce, or terminate payment, coverage, authorization, or provision of health care services or benefits, including the admission to, or continued stay in, a health care facility. A carrier must not require that an enrollee file a complaint prior to seeking appeal of a decision under (b) of this subsection.

          (5) To process an appeal, each carrier must:

          (a) Provide written notice to the enrollee when the appeal is received;

          (b) Assist the enrollee with the appeal process;

          (c) Make its decision regarding the appeal within thirty days of the date the appeal is received. An appeal must be expedited if the enrollee's provider or the carrier's medical director reasonably determines that following the appeal process response timelines could seriously jeopardize the enrollee's life, health, or ability to regain maximum function. The decision regarding an expedited appeal must be made within seventy-two hours of the date the appeal is received;

          (d) Cooperate with a representative authorized in writing by the enrollee;

          (e) Consider information submitted by the enrollee;

          (f) Investigate and resolve the appeal; and

          (g) Provide written notice of its resolution of the appeal to the enrollee and, with the permission of the enrollee, to the enrollee's providers. The written notice must explain the carrier's decision and the supporting coverage or clinical reasons and the enrollee's right to request independent review of the carrier's decision under section 11 of this act.

          (6) Written notice required by subsection (3) of this section must explain:

          (a) The carrier's decision and the supporting coverage or clinical reasons; and

          (b) The carrier's appeal process, including information, as appropriate, about how to exercise the enrollee's rights to obtain a second opinion, and how to continue receiving services as provided in this section.

          (7) When an enrollee requests that the carrier reconsider its decision to modify, reduce, or terminate an otherwise covered health service that an enrollee is receiving through the health plan and the carrier's decision is based upon a finding that the health service, or level of health service, is no longer medically necessary or appropriate, the carrier must continue to provide that health service until the appeal is resolved. If the resolution of the appeal or any review sought by the enrollee under section 11 of this act affirms the carrier's decision, the enrollee may be responsible for the cost of this continued health service.

          (8) Each carrier must provide a clear explanation of the grievance process upon request, upon enrollment to new enrollees, and annually to enrollees and subcontractors.

          (9) Each carrier must ensure that the grievance process is accessible to enrollees who are limited English speakers, who have literacy problems, or who have physical or mental disabilities that impede their ability to file a grievance.

          (10) Each carrier must: Track each appeal until final resolution; maintain, and make accessible to the commissioner for a period of three years, a log of all appeals; and identify and evaluate trends in appeals.


          NEW SECTION. Sec. 11. INDEPENDENT REVIEW OF HEALTH CARE DISPUTES. (1) There is a need for a process for the fair consideration of disputes relating to decisions by carriers that offer a health plan to deny, modify, reduce, or terminate coverage of or payment for health care services for an enrollee.

          (2) An enrollee may seek review by a certified independent review organization of a carrier's decision to deny, modify, reduce, or terminate coverage of or payment for a health care service, after exhausting the carrier's grievance process and receiving a decision that is unfavorable to the enrollee, or after the carrier has exceeded the timelines for grievances provided in section 10 of this act, without good cause and without reaching a decision.

          (3) The commissioner must establish and use a rotational registry system for the assignment of a certified independent review organization to each dispute. The system should be flexible enough to ensure that an independent review organization has the expertise necessary to review the particular medical condition or service at issue in the dispute.

          (4) Carriers must provide to the appropriate certified independent review organization, not later than the third business day after the date the carrier receives a request for review, a copy of:

          (a) Any medical records of the enrollee that are relevant to the review;

          (b) Any documents used by the carrier in making the determination to be reviewed by the certified independent review organization;

          (c) Any documentation and written information submitted to the carrier in support of the appeal; and

          (d) A list of each physician or health care provider who has provided care to the enrollee and who may have medical records relevant to the appeal. Health information or other confidential or proprietary information in the custody of a carrier may be provided to an independent review organization, subject to rules adopted by the commissioner.

          (5) The medical reviewers from a certified independent review organization will make determinations regarding the medical necessity or appropriateness of, and the application of health plan coverage provisions to, health care services for an enrollee. The medical reviewers' determinations must be based upon their expert medical judgment, after consideration of relevant medical, scientific, and cost-effectiveness evidence, and medical standards of practice in the state of Washington. Except as provided in this subsection, the certified independent review organization must ensure that determinations are consistent with the scope of covered benefits as outlined in the medical coverage agreement. Medical reviewers may override the health plan's medical necessity or appropriateness standards if the standards are determined upon review to be unreasonable or inconsistent with sound, evidence-based medical practice.

          (6) Once a request for an independent review determination has been made, the independent review organization must proceed to a final determination, unless requested otherwise by both the carrier and the enrollee or the enrollee's representative.

          (7) Carriers must timely implement the certified independent review organization's determination, and must pay the certified independent review organization's charges.

          (8) When an enrollee requests independent review of a dispute under this section, and the dispute involves a carrier's decision to modify, reduce, or terminate an otherwise covered health service that an enrollee is receiving at the time the request for review is submitted and the carrier's decision is based upon a finding that the health service, or level of health service, is no longer medically necessary or appropriate, the carrier must continue to provide the health service if requested by the enrollee until a determination is made under this section. If the determination affirms the carrier's decision, the enrollee may be responsible for the cost of the continued health service.

          (9) A certified independent review organization may notify the office of the insurance commissioner if, based upon its review of disputes under this section, it finds a pattern of substandard or egregious conduct by a carrier.

          (10)(a) The commissioner shall adopt rules to implement this section after considering relevant standards adopted by national managed care accreditation organizations.

          (b) This section is not intended to supplant any existing authority of the office of the insurance commissioner under this title to oversee and enforce carrier compliance with applicable statutes and rules.


          NEW SECTION. Sec. 12. A new section is added to chapter 43.70 RCW to read as follows:

          INDEPENDENT REVIEW ORGANIZATIONS. (1) The department shall adopt rules providing a procedure and criteria for certifying one or more organizations to perform independent review of health care disputes described in section 11 of this act.

          (2) The rules must require that the organization ensure:

          (a) The confidentiality of medical records transmitted to an independent review organization for use in independent reviews;

          (b) That each health care provider, physician, or contract specialist making review determinations for an independent review organization is qualified. Physicians, other health care providers, and, if applicable, contract specialists must be appropriately licensed, certified, or registered as required in Washington state or in at least one state with standards substantially comparable to Washington state. Reviewers may be drawn from nationally recognized centers of excellence, academic institutions, and recognized leading practice sites. Expert medical reviewers should have substantial, recent clinical experience dealing with the same or similar health conditions. The organization must have demonstrated expertise and a history of reviewing health care in terms of medical necessity, appropriateness, and the application of other health plan coverage provisions;

          (c) That any physician, health care provider, or contract specialist making a review determination in a specific review is free of any actual or potential conflict of interest or bias. Neither the expert reviewer, nor the independent review organization, nor any officer, director, or management employee of the independent review organization may have any material professional, familial, or financial affiliation with any of the following: The health carrier; professional associations of carriers and providers; the provider; the provider's medical or practice group; the health facility at which the service would be provided; the developer or manufacturer of a drug or device under review; or the enrollee;

          (d) The fairness of the procedures used by the independent review organization in making the determinations;

          (e) That each independent review organization make its determination:

          (i) Not later than the earlier of:

          (A) The fifteenth day after the date the independent review organization receives the information necessary to make the determination; or

          (B) The twentieth day after the date the independent review organization receives the request that the determination be made. In exceptional circumstances, when the independent review organization has not obtained information necessary to make a determination, a determination may be made by the twenty-fifth day after the date the organization received the request for the determination; and

          (ii) In cases of a condition that could seriously jeopardize the enrollee's health or ability to regain maximum function, not later than the earlier of:

          (A) Seventy-two hours after the date the independent review organization receives the information necessary to make the determination; or

          (B) The eighth day after the date the independent review organization receives the request that the determination be made;

          (f) That timely notice is provided to enrollees of the results of the independent review, including the clinical basis for the determination;

          (g) That the independent review organization has a quality assurance mechanism in place that ensures the timeliness and quality of review and communication of determinations to enrollees and carriers, and the qualifications, impartiality, and freedom from conflict of interest of the organization, its staff, and expert reviewers; and

          (h) That the independent review organization meets any other reasonable requirements of the department directly related to the functions the organization is to perform under this section and section 11 of this act.

          (3) To be certified as an independent review organization under this chapter, an organization must submit to the department an application in the form required by the department. The application must include:

          (a) For an applicant that is publicly held, the name of each stockholder or owner of more than five percent of any stock or options;

          (b) The name of any holder of bonds or notes of the applicant that exceed one hundred thousand dollars;

          (c) The name and type of business of each corporation or other organization that the applicant controls or is affiliated with and the nature and extent of the affiliation or control;

          (d) The name and a biographical sketch of each director, officer, and executive of the applicant and any entity listed under (c) of this subsection and a description of any relationship the named individual has with:

          (i) A carrier;

          (ii) A utilization review agent;

          (iii) A nonprofit or for-profit health corporation;

          (iv) A health care provider;

          (v) A drug or device manufacturer; or

          (vi) A group representing any of the entities described by (d)(i) through (v) of this subsection;

          (e) The percentage of the applicant's revenues that are anticipated to be derived from reviews conducted under section 11 of this act;

          (f) A description of the areas of expertise of the health care professionals and contract specialists making review determinations for the applicant; and

          (g) The procedures to be used by the independent review organization in making review determinations regarding reviews conducted under section 11 of this act.

          (4) If at any time there is a material change in the information included in the application under subsection (3) of this section, the independent review organization shall submit updated information to the department.

          (5) An independent review organization may not be a subsidiary of, or in any way owned or controlled by, a carrier or a trade or professional association of health care providers or carriers.

          (6) An independent review organization, and individuals acting on its behalf, are immune from suit in a civil action when performing functions under this act. However, this immunity does not apply to an act or omission made in bad faith or that involves gross negligence.

          (7) Independent review organizations must be free from interference by state government in its functioning except as provided in subsection (8) of this section.

          (8) The rules adopted under this section shall include provisions for terminating the certification of an independent review organization for failure to comply with the requirements for certification. The department may review the operation and performance of an independent review organization in response to complaints or other concerns about compliance.

          (9) In adopting rules for this section, the department shall take into consideration standards for independent review organizations adopted by national accreditation organizations. The department may accept national accreditation or certification by another state as evidence that an organization satisfies some or all of the requirements for certification by the department as an independent review organization.


          NEW SECTION. Sec. 13. CARRIER MEDICAL DIRECTOR. Any carrier that offers a health plan and any self-insured health plan subject to the jurisdiction of Washington state shall designate a medical director who is licensed under chapter 18.57 or 18.71 RCW. A health plan or self-insured health plan that offers only religious nonmedical treatment or religious nonmedical nursing care shall not be required to have a medical director.


          Sec. 14. RCW 51.04.020 and 1994 c 164 s 24 are each amended to read as follows:

          The director shall:

          (1) Establish and adopt rules governing the administration of this title;

          (2) Ascertain and establish the amounts to be paid into and out of the accident fund;

          (3) Regulate the proof of accident and extent thereof, the proof of death and the proof of relationship and the extent of dependency;

          (4) Supervise the medical, surgical, and hospital treatment to the intent that it may be in all cases efficient and up to the recognized standard of modern surgery;

          (5) Issue proper receipts for moneys received and certificates for benefits accrued or accruing;

          (6) Investigate the cause of all serious injuries and report to the governor from time to time any violations or laxity in performance of protective statutes or regulations coming under the observation of the department;

          (7) Compile statistics which will afford reliable information upon which to base operations of all divisions under the department;

          (8) Make an annual report to the governor of the workings of the department;

          (9) Be empowered to enter into agreements with the appropriate agencies of other states relating to conflicts of jurisdiction where the contract of employment is in one state and injuries are received in the other state, and insofar as permitted by the Constitution and laws of the United States, to enter into similar agreements with the provinces of Canada; and

          (10) Designate a medical director who is licensed under chapter 18.57 or 18.71 RCW.


          Sec. 15. RCW 74.09.050 and 1979 c 141 s 335 are each amended to read as follows:

          The secretary shall appoint such professional personnel and other assistants and employees, including professional medical screeners, as may be reasonably necessary to carry out the provisions of this chapter. The medical screeners shall be supervised by one or more physicians who shall be appointed by the secretary or his or her designee. The secretary shall appoint a medical director who is licensed under chapter 18.57 or 18.71 RCW.


          NEW SECTION. Sec. 16. A new section is added to chapter 41.05 RCW to read as follows:

          HEALTH CARE AUTHORITY MEDICAL DIRECTOR. The administrator shall designate a medical director who is licensed under chapter 18.57 or 18.71 RCW.


          NEW SECTION. Sec. 17. CARRIER LIABILITY. (1)(a) A health carrier shall adhere to the accepted standard of care for health care providers under chapter 7.70 RCW when arranging for the provision of medically necessary health care services to its enrollees. A health carrier shall be liable for any and all harm proximately caused by its failure to follow that standard of care when the failure resulted in the denial, delay, or modification of the health care service recommended for, or furnished to, an enrollee.

          (b) A health carrier is also liable for damages under (a) of this subsection for harm to an enrollee proximately caused by health care treatment decisions that result from a failure to follow the accepted standard of care made by its:

          (i) Employees;

          (ii) Agents; or

          (iii) Ostensible agents who are acting on its behalf and over whom it has the right to exercise influence or control or has actually exercised influence or control.

          (2) The provisions of this section may not be waived, shifted, or modified by contract or agreement and responsibility for the provisions shall be a duty that cannot be delegated. Any effort to waive, modify, delegate, or shift liability for a breach of the duty established by this section, through a contract for indemnification or otherwise, is invalid.

          (3) This section does not create any new cause of action, or eliminate any presently existing cause of action, with respect to health care providers and health care facilities that are included in and subject to the provisions of chapter 7.70 RCW.

          (4) It is a defense to any action or liability asserted under this section against a health carrier that:

          (a) The health care service in question is not a benefit provided under the plan or the service is subject to limitations under the plan that have been exhausted;

          (b) Neither the health carrier, nor any employee, agent, or ostensible agent for whose conduct the health carrier is liable under subsection (1)(b) of this section, controlled, influenced, or participated in the health care decision; or

          (c) The health carrier did not deny or unreasonably delay payment for treatment prescribed or recommended by a participating health care provider for the enrollee.

          (5) This section does not create any liability on the part of an employer, an employer group purchasing organization that purchases coverage or assumes risk on behalf of its employers, or a governmental agency that purchases coverage on behalf of individuals and families. The governmental entity established to offer and provide health insurance to public employees, public retirees, and their covered dependents under RCW 41.05.140 is subject to liability under this section.

          (6) Nothing in any law of this state prohibiting a health carrier from practicing medicine or being licensed to practice medicine may be asserted as a defense by the health carrier in an action brought against it under this section.

          (7)(a) A person may not maintain a cause of action under this section against a health carrier unless:

          (i) The affected enrollee has suffered substantial harm. As used in this subsection, "substantial harm" means loss of life, loss or significant impairment of limb or bodily function, significant disfigurement, or severe or chronic physical pain; and

          (ii) The affected enrollee or the enrollee's representative has exercised the opportunity established in section 11 of this act to seek independent review of the health care treatment decision.

          (b) This subsection (7) does not prohibit an enrollee from pursuing other appropriate remedies, including injunctive relief, a declaratory judgment, or other relief available under law, if its requirements place the enrollee's health in serious jeopardy.

          (8) In an action against a health carrier, a finding that a health care provider is an employee, agent, or ostensible agent of such a health carrier shall not be based solely on proof that the person's name appears in a listing of approved physicians or health care providers made available to enrollees under a health plan.

          (9) Any action under this section shall be commenced within three years of the completion of the independent review process.

          (10) This section does not apply to workers' compensation insurance under Title 51 RCW.


          NEW SECTION. Sec. 18. DELEGATION OF DUTIES. Each carrier is accountable for and must oversee any activities required by this act that it delegates to any subcontractor. No contract with a subcontractor executed by the health carrier or the subcontractor may relieve the health carrier of its obligations to any enrollee for the provision of health care services or of its responsibility for compliance with statutes or rules.


          NEW SECTION. Sec. 19. APPLICATION. This act applies to: Health plans as defined in RCW 48.43.005 offered, renewed, or issued by a carrier; medical assistance provided under RCW 74.09.522; the basic health plan offered under chapter 70.47 RCW; and health benefits provided under chapter 41.05 RCW.


          NEW SECTION. Sec. 20. A new section is added to chapter 41.05 RCW to read as follows:

          Each health plan that provides medical insurance offered under this chapter, including plans created by insuring entities, plans not subject to the provisions of Title 48 RCW, and plans created under RCW 41.05.140, are subject to the provisions of sections 1, 2, 5 through 12, 17, 18, and RCW 70.02.110 and 70.02.900.


          Sec. 21. RCW 70.47.130 and 1997 c 337 s 8 are each amended to read as follows:

          (1) The activities and operations of the Washington basic health plan under this chapter, including those of managed health care systems to the extent of their participation in the plan, are exempt from the provisions and requirements of Title 48 RCW except:

          (a) Benefits as provided in RCW 70.47.070;

          (b) Managed health care systems are subject to the provisions of sections 1, 2, 5 through 12, 17, 18, and RCW 70.20.110 and 70.02.900;

          (c) Persons appointed or authorized to solicit applications for enrollment in the basic health plan, including employees of the health care authority, must comply with chapter 48.17 RCW. For purposes of this subsection (1)(((b))) (c), "solicit" does not include distributing information and applications for the basic health plan and responding to questions; and

          (((c))) (d) Amounts paid to a managed health care system by the basic health plan for participating in the basic health plan and providing health care services for nonsubsidized enrollees in the basic health plan must comply with RCW 48.14.0201.

          (2) The purpose of the 1994 amendatory language to this section in chapter 309, Laws of 1994 is to clarify the intent of the legislature that premiums paid on behalf of nonsubsidized enrollees in the basic health plan are subject to the premium and prepayment tax. The legislature does not consider this clarifying language to either raise existing taxes nor to impose a tax that did not exist previously.


          NEW SECTION. Sec. 22. This act may be known and cited as the health care patient bill of rights.


          NEW SECTION. Sec. 23. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.


          NEW SECTION. Sec. 24. Captions used in this act are not any part of the law.


          NEW SECTION. Sec. 25. Sections 1, 5 through 11, 13, 17, and 18 of this act are each added to chapter 48.43 RCW.


          NEW SECTION. Sec. 26. To the extent permitted by law, if any provision of this act conflicts with state or federal law, such provision must be construed in a manner most favorable to the enrollee.


          NEW SECTION. Sec. 27. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


          NEW SECTION. Sec. 28. EFFECTIVE DATE. (1) Except as provided in subsections (2) and (3) of this section, this act applies to contracts entered into or renewing after June 30, 2001.

          (2) Sections 13, 14, 15, and 16 of this act take effect January 1, 2001.

          (3) Section 29 of this act takes effect July 1, 2001.


          NEW SECTION. Sec. 29. The following acts or parts of acts are each repealed:

                                         (1)        RCW 48.43.075 (Informing patients about their care--Health carriers may not preclude or discourage) and 1996 c 312 s 2; and

                                         (2)        RCW 48.43.095 (Information provided to an enrollee or a prospective enrollee) and 1996 c 312 s 4."


          On page 1, line 1 of the title, after "protection;" strike the remainder of the title and insert "amending RCW 70.02.110, 70.02.900, 51.04.020, 74.09.050, and 70.47.130; adding new sections to chapter 48.43 RCW; adding a new section to chapter 70.02 RCW; adding a new section to chapter 43.70 RCW; adding new sections to chapter 41.05 RCW; creating new sections; repealing RCW 48.43.075 and 48.43.095; and providing effective dates."

 

Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Campbell; Conway; Edmonds; Edwards; Pennington and Ruderman.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Alexander and Mulliken.


          Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Campbell, Conway, Edmonds, Edwards, Pennington and Ruderman.

          Voting nay: Representatives Alexander and Mulliken


          Passed to Rules Committee for Second Reading.


February 24, 2000

SB 6206               Prime Sponsor, Senator Spanel: Requiring that schools be notified of firearm violations by students. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Haigh, Democratic Vice Chair; Schindler, Republican Vice Chair; Carlson; Cox; Keiser; Rockefeller; Santos; D. Schmidt; Schual-Berke; Stensen; Thomas and Wensman.


          Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, Schmidt, Schual-Berke, Stensen, Thomas and Wensman.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6210            Prime Sponsor, Committee on Senate Environmental Quality & Water Resources: Making technical and clarifying amendments to oil spill prevention and response statutes. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


          On page 36, after line 5, strike sections 27 and 28 and insert the following:


          "Sec. 1. RCW 43.21I.010 and 1992 c 73 s 4 are each amended to read as follows:

          (1) There is hereby created ((an agency of state government to be known as the office of marine safety. The office)) within the department of ecology an oil spill prevention program. For the program, the department shall be vested with all powers and duties transferred to it from the office of marine safety and such other powers and duties as may be authorized by law. The main administrative office ((of)) for the ((office)) program shall be located in the city of Olympia. The ((administrator)) director may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the ((office)) program, and if consistent with the principles set forth in subsection (2) of this section.

          (2) The ((office of marine safety)) oil spill prevention program shall be organized consistent with the goals of providing state government with a focus in marine transportation and serving the people of this state. The legislature recognizes that the ((administrator)) director needs sufficient organizational flexibility to carry out the ((office's)) program's various duties. To the extent practical, the ((administrator)) director shall consider the following organizational principles:

          (a) Clear lines of authority which avoid functional duplication within and between subelements of the ((office)) program;

          (b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the legislature, the consumer, and the general public; and

          (c) Maximum span of control without jeopardizing adequate supervision.

          (3) The ((office)) department, through the program, shall provide leadership and coordination in identifying and resolving threats to the safety of marine transportation and the impact of marine transportation on the environment:

          (a) Working with other state agencies and local governments to strengthen the state and local governmental partnership in providing public protection;

          (b) Providing expert advice to the executive and legislative branches of state government;

          (c) Providing active and fair enforcement of rules;

          (d) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing marine safety measures;

          (e) Providing information to the public; and

          (f) Carrying out such other related actions as may be appropriate to this purpose.

          (4) In accordance with the administrative procedure act, chapter 34.05 RCW, the ((office)) department shall ensure an opportunity for consultation, review, and comment before the adoption of standards, guidelines, and rules.

          (5) Consistent with the principles set forth in subsection (2) of this section, the ((administrator)) director may create such administrative divisions, offices, bureaus, and programs within the ((office)) program as the ((administrator)) director deems necessary. The ((administrator)) director shall have complete charge of and supervisory powers over the ((office)) program, except where the ((administrator's)) director's authority is specifically limited by law.

          (6) The ((administrator)) director shall appoint such personnel as are necessary to carry out the duties of the ((office)) program. In addition to exemptions set forth in RCW 41.06.070(((28), the administrator, the administrator's confidential secretary, and)), up to four professional staff members shall be exempt from the provisions of chapter 41.06 RCW. All other employees of the ((office)) program shall be subject to the provisions of chapter 41.06 RCW.

          (7) The definitions in this section apply throughout this chapter.

          (a) "Department" means the department of ecology.

          (b) "Director" means the director of the department.


          Sec. 2. RCW 43.21I.030 and 1992 c 73 s 11 are each amended to read as follows:

          In addition to any other powers granted the ((administrator)) director, the ((administrator)) director may:

          (1) Adopt, in accordance with chapter 34.05 RCW, rules necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

          (2) Appoint such advisory committees as may be necessary to carry out the provisions of this chapter and chapter 88.46 RCW. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060. The ((administrator)) director shall review each advisory committee within the jurisdiction of the ((office)) program and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed. The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;

          (3) Undertake studies, research, and analysis necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

          (4) Delegate powers, duties, and functions of the ((office)) program to employees of the ((office)) department as the ((administrator)) director deems necessary to carry out the provisions of this chapter and chapter 88.46 RCW;

          (5) Enter into contracts on behalf of the ((office)) department to carry out the purposes of this chapter and chapter 88.46 RCW;

          (6) Act for the state in the initiation of, or the participation in, any intergovernmental program for the purposes of this chapter and chapter 88.46 RCW; or

          (7) Accept gifts, grants, or other funds.


          Sec. 3. RCW 43.21I.040 and 1991 c 200 s 407 are each amended to read as follows:

          (1) The ((administrator)) director shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before the ((administrator)) director together with all books, memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.

          (2) Subpoenas issued in adjudicative proceedings shall be governed by chapter 34.05 RCW.

          (3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be governed by chapter 34.05 RCW.


          Sec. 4. RCW 88.40.011 and 1992 c 73 s 12 are each amended to read as follows:

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

          (1) (("Administrator" means the administrator of the office of marine safety created in RCW 43.21I.010.

          (2))) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.

          (((3))) (2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

          (((4))) (3) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

          (((5))) (4) "Department" means the department of ecology.

          (((6))) (5) "Director" means the director of the department of ecology.

          (((7))) (6)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

          (b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

          (((8))) (7) "Hazardous substances" means any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter:

          (a) Wastes listed as F001 through F028 in Table 302.4; and

          (b) Wastes listed as K001 through K136 in Table 302.4.

          (((9))) (8) "Inland barge" means any barge operating on the waters of the state and certified by the coast guard as an inland barge.

          (((10))) (9) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

          (((11) "Office" means the office of marine safety established by RCW 43.21I.010.

          (12))) (10) "Oil" or "oils" means any naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline, and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.

          (((13))) (11) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.

          (((14))) (12) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

          (((15))) (13)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

          (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

          (((16))) (14) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

          (((17))) (15) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

          (((18))) (16) "Spill" means an unauthorized discharge of oil into the waters of the state.

          (((19))) (17) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

          (a) Operates on the waters of the state; or

          (b) Transfers oil in a port or place subject to the jurisdiction of this state.

          (((20))) (18) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.


          Sec. 5. RCW 88.40.020 and 1992 c 73 s 13 are each amended to read as follows:

          (1) Any inland barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater of one million dollars, or one hundred fifty dollars per gross ton of such vessel.

          (2)(a) Except as provided in (c) of this subsection, a tank vessel that carries oil as cargo in bulk shall demonstrate financial responsibility to pay at least five hundred million dollars.

          (b) The ((administrator)) director by rule may establish a lesser standard of financial responsibility for barges of three hundred gross tons or less. The standard shall set the level of financial responsibility based on the quantity of cargo the barge is capable of carrying. The ((administrator)) director shall not set the standard for barges of three hundred gross tons or less below that required under federal law.

          (c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The ((administrator)) director may require the owner or operator of a tank vessel to prove membership in such an organization.

          (3) A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate financial responsibility to pay the greater of at least six hundred dollars per gross ton or five hundred thousand dollars.

          (4) The documentation of financial responsibility shall demonstrate the ability of the document holder to meet state and federal financial liability requirements for the actual costs for removal of oil spills, for natural resource damages, and necessary expenses.

          (5) The ((office)) department may by rule set a lesser amount of financial responsibility for a tank vessel that meets standards for construction, propulsion, equipment, and personnel established by the ((office)) department. The ((office)) department shall require as a minimum level of financial responsibility under this subsection the same level of financial responsibility required under federal law.

          (6) This section shall not apply to a covered vessel owned or operated by the federal government or by a state or local government.


          Sec. 6. RCW 88.40.030 and 1991 c 200 s 705 are each amended to read as follows:

          Financial responsibility required by this chapter may be established by any one of, or a combination of, the following methods acceptable to the ((office of marine safety or the)) department of ecology: (1) Evidence of insurance; (2) surety bonds; (3) qualification as a self-insurer; or (4) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. Documentation of such financial responsibility shall be kept on any covered vessel and filed with the ((office)) department at least twenty-four hours before entry of the vessel into the navigable waters of the state. A covered vessel is not required to file documentation of financial responsibility twenty-four hours before entry of the vessel into the navigable waters of the state, if the vessel has filed documentation of financial responsibility with the federal government, and the level of financial responsibility required by the federal government is the same as or exceeds state requirements. The owner or operator of the vessel may file with the ((office)) department a certificate evidencing compliance with the requirements of another state's or federal financial responsibility requirements if the state or federal government requires a level of financial responsibility the same as or greater than that required under this chapter.


          Sec. 7. RCW 88.40.040 and 1992 c 73 s 14 are each amended to read as follows:

          (1) The ((office)) department shall deny entry to the waters of the state to any vessel that does not meet the financial responsibility requirements of this chapter. Any vessel owner or operator that does not meet the financial responsibility requirements of this chapter and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the ((office)) department to the United States coast guard.

          (2) The ((office)) department shall enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of the federal act.


          Sec. 8. RCW 90.56.310 and 1992 c 73 s 35 are each amended to read as follows:

          (1) Except as provided in subsection (3) of this section, it shall be unlawful:

          (a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990; or

          (b) For the owner or operator of an onshore or offshore facility to transfer cargo or passengers to or from a covered vessel that does not have an approved contingency plan or an approved prevention plan required under chapter 88.46 RCW or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.

          (2) The department may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a facility or person is in violation of this section shall be considered a separate violation.

          (3) It shall not be unlawful for a facility or other person to operate or accept cargo or passengers from a covered vessel if:

          (a) A contingency plan, a prevention plan, or financial responsibility is not required for the facility; or

          (b) A contingency and prevention plan has been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval.

          (4) Any person may rely on a copy of the statement issued by the department pursuant to RCW 90.56.210(7) as evidence that the facility has an approved contingency plan and the statement issued pursuant to RCW 90.56.200(4) as evidence that the facility has an approved spill prevention plan. Any person may rely on a copy of the statement issued by the office of marine safety, or its successor agency, the department, pursuant to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved prevention plan.


          Sec. 9. RCW 43.21I.005 and 1997 c 449 s 1 are each amended to read as follows:

          (1) The legislature declares that Washington's waters have irreplaceable value for the citizens of the state. These waters are vital habitat for numerous and diverse marine life and wildlife and the source of recreation, aesthetic pleasure, and pride for Washington's citizens. These waters are also vital for much of Washington's economic vitality.

          The legislature finds that the transportation of oil on these waters creates a great potential hazard to these important natural resources. The legislature also finds that there is no state agency responsible for maritime safety to ensure this state's interest in preserving these resources.

          ((The legislature therefore finds that in order to protect these waters it is necessary to establish an office of marine safety which will have the responsibility to promote the safety of marine transportation in Washington.))

          (2) The legislature finds that adequate funding is necessary for the state to continue its priority focus on the prevention of oil spills, as well as maintain a strong oil spill response, planning, and environmental restoration capability. The legislature further finds that (([the])) the long-term environmental health of the state's waters depends upon the strength and vitality of its oil spill prevention and response program that fosters planning, coordination, and incident command. To that end, the merger of the office of marine safety with the department of ecology shall: Ensure coordination via streamlining the marine safety functions of two agencies into one; provide a focused prevention and response program under a single administration; generate efficient incident command response capability and continue to meet the challenges threatening marine safety and the environment; and increase accountability to the public, the executive branch, and the legislature.

          (3) It is the intent of the legislature that the state's oil spill prevention, response, planning, and environmental restoration activities be sufficiently funded to maintain a strong prevention and response program. It is further the intent of the legislature that the merger of the office of marine safety with the department of ecology be accomplished in an organizational manner that maintains a priority focus and position for the oil spill prevention and response program. The merger shall allow for ready identification of the program by the public and ensure no diminution in the state's commitment to marine safety and environmental protection as follows:

          (a) The director of the department of ecology shall consolidate all of the agency's oil spill prevention, planning, and response programs and personnel into a division or equivalent unit of organization within the department. The division shall be managed by a single administrator who is an assistant director or person of equivalent status in the department's organization. The administrator shall report directly to the director.

          (b) The consolidated oil spill program unit within the department shall maintain prevention of oil spills as a specific program.

          (c) The department shall identify and participate in resolving threats to safety of marine transportation and the impact of marine transportation on the environment.


          NEW SECTION. Sec. 10. The following acts or parts of acts are each decodified:

                                         (1)         RCW 43.21I.005 (Findings--Consolidation of oil spill programs--Administrator of consolidated oil spill program);

                                         (2)         RCW 88.46.150 (Tow boat standards--Study);

                                         (3)         RCW 88.46.924 (Continuation of rules, pending business, and obligations);

                                         (4)         RCW 88.46.925 (Prior acts valid); and

                                         (5)         RCW 88.46.927 (Collective bargaining agreements not altered).


          NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

                                         (1)         RCW 88.46.140 (Unified and consistent planning) and 1991 c 200 s 428;

                                         (2)         RCW 90.56.903 (Report on implementation) and 1991 c 200 s 1109; and

                                         (3)         RCW 88.46.922 (Transfer of property and appropriations) and 1991 c 200 s 431."


          On page 1, line 6 of the title, after "90.56.560," strike the remainder of the title and insert "82.23B.020, 43.21I.010, 43.21I.030, 43.21I.040, 88.40.011, 88.40.020, 88.40.030, 88.40.040, 90.56.310, and 43.21I.005; creating a new section; decodifying RCW 43.21I.005, 88.46.150, 88.46.924, 88.46.925, and 88.46.927; and repealing RCW 88.46.140, 90.56.903, and 88.46.922."

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Grant; Reardon; Schoesler; Stensen; Sump and Wood.


          Voting yea: Representatives G. Chandler, Linville, Cooper, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Reardon, Schoesler, Stensen, Sump and Wood.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6213            Prime Sponsor, Committee on Senate Health & Long-Term Care: Requiring guidelines for the response of emergency medical personnel to directives. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Mulliken; Pennington and Ruderman.


          Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Mulliken, Pennington and Ruderman.


          Passed to Rules Committee for Second Reading.


February 24, 2000

ESSB 6217          Prime Sponsor, Committee on Senate Human Services & Corrections: Changing provisions relating to dependent children. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 13.34.030 and 1999 c 267 s 6 are each amended to read as follows:

          For purposes of this chapter:

          (1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period, parental rights or responsibilities despite an ability to exercise such rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.

          (2) "Child" and "juvenile" means any individual under the age of eighteen years.

          (((2))) (3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until: (a) The child returns home((,)) ; (b) an adoption decree, a permanent custody order, or guardianship order is entered((,)); or (c) the dependency is dismissed, whichever occurs ((soonest)) first. ((If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

          (3))) (4) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to ((RCW 13.34.232)) this chapter for the limited purpose of assisting the court in the supervision of the dependency.

          (((4))) (5) "Dependent child" means any child who:

          (a) ((Who)) Has been abandoned; ((that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;))

          (b) ((Who)) Is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or

          (c) ((Who)) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

          (((5))) (6) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual.

          (7) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

          (((6))) (8) "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

          (((7))) (9) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

          (((8))) (10) "Indigent" means a person who, at any stage of a court proceeding, is:

          (a) Receiving one of the following types of public assistance: Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or

          (b) Involuntarily committed to a public mental health facility; or

          (c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or

          (d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.

          (11) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

          (((9))) (12) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing services, capable of preventing the need for out-of-home placement while protecting the child. Housing services may include, but are not limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications, or financial subsidies for housing.

          (13) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.

          (14) "Social study" means a written evaluation of matters relevant to the disposition of the case and shall contain the following information:

          (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

          (b) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;

          (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

          (d) A statement of the likely harms the child will suffer as a result of removal;

          (e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs; and

          (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.


          Sec. 2. RCW 13.34.040 and 1977 ex.s. c 291 s 32 are each amended to read as follows:

          (1) Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and ((praying)) requesting that the superior court deal with such child as provided in this chapter((: PROVIDED, That)). There shall be no fee for filing such petitions.

          (2) In counties having paid probation officers, ((such)) these officers shall, ((as far as)) to the extent possible, first determine if ((such)) a petition is reasonably justifiable. ((Such)) Each petition shall be verified and ((shall)) contain a statement of facts constituting ((such)) a dependency, ((as defined in this chapter,)) and the names and residence, if known to the petitioner, of the parents, guardian, or custodian of ((such)) the alleged dependent child. ((There shall be no fee for filing such petitions.))


          Sec. 3. RCW 13.34.050 and 1998 c 328 s 1 are each amended to read as follows:

          (1) The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if: (a) A petition is filed with the juvenile court alleging that the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody; (b) an affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing reasonable grounds that the child's health, safety, and welfare will be seriously endangered if not taken into custody and at least one of the grounds set forth demonstrates a risk of imminent harm to the child. "Imminent harm" for purposes of this section shall include, but not be limited to, circumstances of sexual abuse, or sexual exploitation as defined in RCW 26.44.020; and (c) the court finds reasonable grounds to believe the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody.

          (2) Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm requires that the parents are provided notice and an opportunity to be heard ((by the parents)) before the order may be entered.

          (3) The petition and supporting documentation must be served on the parent, and ((the entity with whom)) if the child is in custody at the time the child is removed, on the entity with custody other than the parent. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be found.


          Sec. 4. RCW 13.34.060 and 1999 c 17 s 2 are each amended to read as follows:

          (1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. (("Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to that section.))

          (a) Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care shall be with any person described in RCW 74.15.020(2)(a). The person must be willing and available to care for the child and be able to meet any special needs of the child. If a child is not initially placed with a relative pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a relative on the next business day after the child is taken into custody. The supervising agency shall document its effort to place the child with a relative pursuant to this section. Nothing within this subsection (1)(a) establishes an entitlement to services or a right to a particular placement.

          (b) Whenever a child is taken into ((such)) custody pursuant to this section, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing within seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, ((that)) whether such waiver is knowing and voluntary.

          (2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event ((longer)) shall notice be provided more than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.

          ((The written notice of custody and rights shall be in substantially the following form:

 

"NOTICE

 

          Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.

          1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody. You should call the court at    (insert appropriate phone number here)    for specific information about the date, time, and location of the court hearing.

          2. You have the right to have a lawyer represent you at the hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

          3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

          4. If your hearing occurs before a court commissioner, you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion for revision of the decision, as provided in RCW 2.24.050.

          You should be present at this hearing. If you do not come, the judge will not hear what you have to say.

          You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are:    (insert name and telephone number)   ."

 

          Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.

          If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.

          (3) If child protective services is not required to give notice under subsection (2) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.

          (4) Reasonable efforts to advise and to give notice, as required in subsections (2) and (3) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the juvenile court counselor or caseworker shall testify at the hearing or state in a declaration:

          (a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and

          (b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.

          (5) At the commencement of the shelter care hearing the court shall advise the parties of their basic rights as provided in RCW 13.34.090 and shall appoint counsel pursuant to RCW 13.34.090 if counsel has not been retained by the parent or guardian and if the parent or guardian is indigent, unless the court finds that the right to counsel has been expressly and voluntarily waived in court.

          (6) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall hear evidence regarding the efforts made to place the child with a relative. The court shall make an express finding as to whether the notice required under subsections (2) and (3) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.

          (7) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care, except that such recommendation shall be submitted by the department of social and health services in cases where the petition alleging dependency has been filed by the department of social and health services, unless otherwise ordered by the court.

          (8) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:

          (a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

          (b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or

          (ii) The release of such child would present a serious threat of substantial harm to such child; or

          (iii) The parent, guardian, or custodian to whom the child could be released is alleged to have violated RCW 9A.40.060 or 9A.40.070.

          If the court does not release the child to his or her parent, guardian, or legal custodian, and the child was initially placed with a relative pursuant to subsection (1) of this section, the court shall order continued placement with a relative, unless there is reasonable cause to believe the safety or welfare of the child would be jeopardized. If the child was not initially placed with a relative, and the court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make reasonable efforts to locate a relative pursuant to subsection (1) of this section. If a relative is not available, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether subsections (2) and (3) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.

          (9) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.

          The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent and give weight to that fact before ordering return of the child to shelter care.

          (10) A shelter care order issued pursuant to this section may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be detained for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.

          (11) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. The hearing shall be held within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.))


          NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

          (1) The written notice of custody and rights required by RCW 13.34.060 shall be in substantially the following form:

 

"NOTICE

 

          Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.

          1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody excluding Saturdays, Sundays, and holidays. You should call the court at    (insert appropriate phone number here)    for specific information about the date, time, and location of the court hearing.

          2. You have the right to have a lawyer represent you at the hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

          3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

          4. If your hearing occurs before a court commissioner, you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion for revision of the decision, as provided in RCW 2.24.050.

          You should be present at any shelter care hearing. If you do not come, the judge will not hear what you have to say.

          You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are:    (insert name and telephone number)   ."

 

          Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.

          If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.

          (2) If child protective services is not required to give notice under RCW 13.34.060(2) and subsection (1) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.

          (3) Reasonable efforts to advise and to give notice, as required in RCW 13.34.060(2) and subsections (1) and (2) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the petitioner shall testify at the hearing or state in a declaration:

          (a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and

          (b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.

          (4) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall hear evidence regarding the efforts made to place the child with a relative. The court shall make an express finding as to whether the notice required under RCW 13.34.060(2) and subsections (1) and (2) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.

          (5) A shelter care order issued pursuant to section 7 of this act may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.

          (6) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. Upon the request of the parent, the court shall schedule the hearing within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.


          NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

          At the commencement of the shelter care hearing the court shall advise the parties of basic rights as provided in RCW 13.34.090 and appoint counsel pursuant to RCW 13.34.090 if the parent or guardian is indigent unless counsel has been retained by the parent or guardian or the court finds that the right to counsel has been expressly and voluntarily waived in court.


          NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

          (1) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care unless the petition has been filed by the department, in which case the recommendation shall be submitted by the department.

          (2) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:

          (a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

          (b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or

          (ii) The release of such child would present a serious threat of substantial harm to such child; or

          (iii) The parent, guardian, or custodian to whom the child could be released has been charged with violating RCW 9A.40.060 or 9A.40.070.

          If the court does not release the child to his or her parent, guardian, or legal custodian, and the child was initially placed with a relative pursuant to RCW 13.34.060(1), the court shall order continued placement with a relative, unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized. If the child was not initially placed with a relative, and the court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make reasonable efforts to locate a relative pursuant to RCW 13.34.060(1). If a relative is not available, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether RCW 13.34.060(2) and subsections (1) and (2) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.

          (3) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.

          The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent and give weight to that fact before ordering return of the child to shelter care.


          Sec. 8. RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:

          (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. ((Where)) When the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances ((do)) exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

          (2) A copy of the petition shall be attached to each summons.

          (3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or (([her])) her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

          (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

          (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

          (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him or her to the place of shelter designated by the court.

          (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he or she may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:

 

NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.

 

          (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy ((thereof)) by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy ((thereof)) to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

          (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department ((of social and health services social worker)) employee.

          (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member or is eligible to be a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.


          Sec. 9. RCW 13.34.080 and 1990 c 246 s 3 are each amended to read as follows:

          ((In a dependency case where it appears by the petition or verified statement, that the person standing in the position of natural or legal guardian of the person of any child, is a nonresident of this state, or that the name or place of residence or whereabouts of such person is unknown, as well as in all cases where, after due diligence, the officer has been unable to make service of the summons or notice provided for in RCW 13.34.070, and a copy of the notice has been deposited in the post office, postage prepaid, directed to such person at his last known place of residence,)) (1) The court shall direct the clerk to publish notice in a legal newspaper printed in the county, qualified to publish summons, once a week for three consecutive weeks, with the first publication of the notice to be at least twenty-five days prior to the date fixed for the hearing when it appears by the petition or verified statement that:

          (a)(i) The parent or guardian is a nonresident of this state; or

          (ii) The name or place of residence or whereabouts of the parent or guardian is unknown; and

          (b) After due diligence, the person attempting service of the summons or notice provided for in RCW 13.34.070 has been unable to make service, and a copy of the notice has been deposited in the post office, postage prepaid, directed to such person at his or her last known place of residence. If the parent, guardian, or legal custodian is believed to be a resident of another state or a county other than the county in which the petition has been filed, notice also shall be published in the county in which the parent, guardian, or legal custodian is believed to reside.

          ((Additionally,)) (2) Publication may proceed simultaneously with efforts to provide ((personal)) service in person or ((service)) by mail ((for good cause shown)), when the court determines there is reason to believe that ((personal)) service in person or ((service)) by mail will not be successful. ((Such)) Notice shall be directed to the parent, parents, or other person claiming the right to the custody of the child, if their names are known((, or)). If their names are unknown, the phrase "To whom it may concern" shall be used ((and)), apply to, and be binding upon, ((any such)) those persons whose names are unknown. The name of the court, the name of the child (or children if of one family), the date of the filing of the petition, the date of hearing, and the object of the proceeding in general terms shall be set forth((, and the whole shall be subscribed by the clerk)). There shall be filed with the clerk an affidavit showing due publication of the notice((, and)). The cost of publication shall be paid by the county at a rate not ((to exceed)) greater than the rate paid ((by the county)) for other legal notices. The publication of notice shall be deemed equivalent to personal service upon all persons, known or unknown, who have been designated as provided in this section.


          Sec. 10. RCW 13.34.090 and 1998 c 328 s 3 and 1998 c 141 s 1 are each reenacted and amended to read as follows:

          (1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.

          (2) At all stages of a proceeding in which a child is alleged to be dependent ((as defined in RCW 13.34.030(4))), the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency ((as defined in chapter 10.101 RCW)).

          (3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.

          (4) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, prior to any shelter care hearing and within fifteen days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel. These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel a reasonable period of time prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing. These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel. When the records are served on legal counsel, legal counsel shall have the opportunity to review the records with the parents and shall review the records with the parents prior to the shelter care hearing.


          Sec. 11. RCW 13.34.110 and 1995 c 313 s 1 and 1995 c 311 s 27 are each reenacted and amended to read as follows:

          The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor((, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown)). Immediately after the entry of the findings of fact, the court shall hold a disposition hearing, unless there is good cause for continuing the matter for up to fourteen days. If good cause is shown, the case may be continued for longer than fourteen days. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by certified mail of the time and place of any continued hearing. Unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who: (1) Are related by blood or marriage to the child in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt; (2) are known to the department as having been in contact with the family or child within the past twelve months; and (3) would be an appropriate placement for the child. Reasonable cause to dispense with notification to a parent under this section must be proved by clear, cogent, and convincing evidence.

          The parties need not appear at the fact-finding or dispositional hearing if the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement. The court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence. ((Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

          All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court.

          Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.))


          NEW SECTION. Sec. 12. A new section is added to chapter 13.34 RCW to read as follows:

          All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court.

          Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.


          Sec. 13. RCW 13.34.120 and 1998 c 328 s 4 are each amended to read as follows:

          (((1))) To aid the court in its decision on disposition, a social study((, consisting of a written evaluation of matters relevant to the disposition of the case,)) shall be made by the person or agency filing the petition. A parent may submit a counselor's or health care provider's evaluation of the parent, which shall either be included in the social study or considered in conjunction with the social study. The study shall include all social ((records)) files and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the ((community service)) local office closest to the parents' residence. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.

          (((2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(4) (b) or (c) shall contain the following information:

          (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

          (b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify services chosen and approved by the parent;

          (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

          (d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;

          (e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and

          (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.))


          NEW SECTION. Sec. 14. A new section is added to chapter 13.34 RCW to read as follows:

          If the most recent date that a child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care occurred prior to the filing of a dependency petition or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of the child's current placement episode.


          Sec. 15. RCW 13.34.130 and 1999 c 267 s 16, 1999 c 267 s 9, and 1999 c 173 s 3 are each reenacted and amended to read as follows:

          If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030((;)) after consideration of the ((predisposition report)) social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

          (1) The court shall order one of the following dispositions of the case:

          (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In ((selecting a program)) determining the disposition, the court should choose those services, including housing assistance, that least interfere with family autonomy((, provided that the services)) and are adequate to protect the child.

          (b) Order ((that)) the child to be removed from his or her home and ((ordered)) into the custody, control, and care of a relative or the department ((of social and health services)) or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is: (i) Related to the child as defined in RCW 74.15.020(2)(a) ((and)) with whom the child has a relationship and is comfortable((,)); and ((who is)) (ii) willing and available to care for the child.

          (2) Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

          (((i))) (a) There is no parent or guardian available to care for such child;

          (((ii))) (b) The parent, guardian, or legal custodian is not willing to take custody of the child; or

          (((iii))) (c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger((; or

          (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home)).

          (((2))) (3) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the ((court finds: (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:

          (i) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

          (ii) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

          (iii) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

          (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

          (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

          (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

          (vii) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

          (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(4)(a);

          (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 23, chapter 314, Laws of 1998;

          (x) Conviction of the parent of a sex offense under chapter 9A.44 RCW or incest under RCW 9A.64.020 when the child is born of the offense.

          (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

          (4) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

          (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older; or a responsible living skills program. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

          (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

          (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

          (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

          (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

          (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

          (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

          (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

          (6))) requirements of section 16 of this act are met.

          (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

          (((7) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

          (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

          (b) If the child is not returned home, the court shall establish in writing:

          (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

          (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

          (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

          (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

          (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

          (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

          (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

          (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

          (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

          (8) The court's ability to order housing assistance under this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.))


          NEW SECTION. Sec. 16. A new section is added to chapter 13.34 RCW to read as follows:

          A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:

          (1) The court has removed the child from his or her home pursuant to RCW 13.34.130;

          (2) Termination is recommended by the supervising agency;

          (3) Termination is in the best interests of the child; and

          (4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interests of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:

          (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

          (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

          (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

          (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

          (e) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;

          (f) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

          (g) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

          (h) An infant under three years of age has been abandoned;

          (i) Conviction of the parent, when a child has been born of the offense, of: (A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020.


          NEW SECTION. Sec. 17. A new section is added to chapter 13.34 RCW to read as follows:

          If reasonable efforts are not ordered under section 16 of this act, a permanency planning hearing shall be held within thirty days of the court order to file a petition to terminate parental rights. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.


          NEW SECTION. Sec. 18. A new section is added to chapter 13.34 RCW to read as follows:

          (1) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

          (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; successful completion of a responsible living skills program; or independent living, if appropriate and if the child is age sixteen or older. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW;

          (b) Unless the court has ordered, pursuant to RCW 13.34.130(3), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

          (i) The agency plan shall specify what services the parents will be offered to enable them to resume custody, what requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement.

          (ii) The agency shall encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

          (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

          (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide such services; and

          (c) If the court has ordered, pursuant to RCW 13.34.130(3), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed.

          (2) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.


          NEW SECTION. Sec. 19. A new section is added to chapter 13.34 RCW to read as follows:

          (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

          (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

          (b) If the child is not returned home, the court shall establish in writing:

          (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

          (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

          (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

          (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

          (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

          (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

          (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

          (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

          (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

          (2) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.


          Sec. 20. RCW 13.34.145 and 1999 c 267 s 17 are each amended to read as follows:

          (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

          (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; a responsible living skills program; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.

          (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

          (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

          (d) For purposes related to permanency planning:

          (i) "Guardianship" means a dependency guardianship ((pursuant to this chapter)), a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws of another state or a federally recognized Indian tribe.

          (ii) "Permanent custody order" means a custody order entered pursuant to chapter 26.10 RCW.

          (iii) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another state or of a federally recognized Indian tribe.

          (2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial ((affairs and to manage his or her)), personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

          (3) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree, guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

          (4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or a permanent custody order is entered, or the dependency is dismissed.

          (5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

          (6) At the permanency planning hearing, the court shall enter findings as required by ((RCW 13.34.130(7))) section 19 of this act and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280 and ((13.34.130(7))) section 19 of this act. If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not ((yet)) been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:

          (a)(i) Order the permanency plan prepared by the agency to be implemented; or

          (ii) Modify the permanency plan, and order implementation of the modified plan; and

          (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

          (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

          (7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to ((RCW 13.34.130(7))) section 19 of this act, and the court shall determine the need for continued intervention.

          (8) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when((,)): (a) The court has ordered implementation of a permanency plan that includes legal guardianship or permanent legal custody((,)); and (b) the party pursuing the legal guardianship or permanent legal custody is the party identified in the permanency plan as the prospective legal guardian or custodian. During the pendency of such proceeding, ((juvenile)) the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.

          (9) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

          (10) Except as ((otherwise)) provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with ((RCW 13.34.130(7))) section 19 of this act, until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

          (11) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

          (12) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.

          (13) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.


          Sec. 21. RCW 13.34.165 and 1998 c 296 s 38 are each amended to read as follows:

          (1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in RCW 7.21.030(2)(e).

          (2) The maximum term of ((imprisonment)) confinement that may be imposed as a remedial sanction for contempt of court under this section is confinement for up to seven days.

          (3) A child ((imprisoned)) held for contempt under this section shall be confined only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

          (4) A motion for contempt may be made by a parent, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order entered pursuant to this chapter.

          (5) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.


          Sec. 22. RCW 13.34.170 and 1981 c 195 s 9 are each amended to read as follows:

          In any case in which ((an order or decree of)) the ((juvenile)) court ((requiring)) has ordered a parent or parents, guardian, or other person having custody of a child to pay ((for shelter care and/or)) support ((of such child is)) under RCW 13.34.160 and the order has not been complied with, the court may, upon such person or persons being duly summoned or voluntarily appearing, proceed to inquire into the amount due upon ((said)) the order ((or decree)) and enter judgment for ((such)) that amount against the defaulting party or parties, and ((such)) the judgment shall be docketed as are other judgments for the payment of money.

          In such judgments, the county in which the ((same are)) order is entered shall be ((denominated)) the judgment creditor, or the state may be the judgment creditor where the child is in the custody of a state agency ((and said)). Judgments may be enforced by the prosecuting attorney of ((such)) the county, or the attorney general where the state is the judgment creditor and any moneys recovered ((thereon)) shall be paid into the registry of the juvenile court and shall be disbursed to such person, persons, agency, or governmental department as the court ((shall find to be)) finds is entitled ((thereto)) to it.

          Such judgments shall remain ((as)) valid and enforceable ((judgments)) for a period of ten years ((subsequent to the)) after the date of entry ((thereof)).


          Sec. 23. RCW 13.34.174 and 1993 c 412 s 5 are each amended to read as follows:

          (1) The provisions of this section shall apply when a court orders a party to undergo an alcohol or substance abuse diagnostic investigation and evaluation.

          (2) The facility conducting the investigation and evaluation shall make a written report to the court stating its findings and recommendations including family-based services or treatment when appropriate. If its findings and recommendations support treatment, it shall also recommend a treatment plan setting out:

          (a) Type of treatment;

          (b) Nature of treatment;

          (c) Length of treatment;

          (d) A treatment time schedule; and

          (e) Approximate cost of the treatment.

          The affected person shall be included in developing the appropriate ((plan of)) treatment plan. The ((plan of)) treatment plan must be signed by (([the])) the treatment provider and the affected person. The initial written progress report based on the treatment plan ((and response to treatment)) shall be sent to the appropriate persons six weeks after initiation of treatment((, and)). Subsequent progress reports shall be provided after three months, ((after)) six months, ((after)) twelve months, and thereafter every six months if treatment exceeds twelve months. Reports are to be filed with the court in a timely manner. Close-out of the treatment record must include summary of pretreatment and posttreatment, with final outcome and disposition. The report shall also include recommendations for ongoing stability and decrease in destructive behavior.

          ((The)) Each report ((with the treatment plan)) shall also be filed with the court and a copy given to the person evaluated and the person's counsel. A copy of the treatment plan shall also be given to the department's caseworker and to the guardian ad litem. Any program for chemical dependency shall meet the program requirements contained in chapter 70.96A RCW.

          (3) If the court has ordered treatment pursuant to a dependency proceeding it shall also require the treatment program to provide, in the reports required by subsection (2) of this section, status reports to the court, the department, the supervising child-placing agency if any, and the person or person's counsel regarding((: (a))) the person's cooperation with the treatment plan proposed((;)) and (((b))) the person's progress in treatment.

          (4) ((In addition,)) If ((the party)) a person subject to this section fails or neglects to carry out and fulfill any term or condition of the treatment plan, the program or agency administering the treatment shall report such breach to the court, the department, the guardian ad litem, the supervising child-placing agency if any, and the person or person's counsel, within twenty-four hours, together with its recommendation. These reports shall be made as a declaration by the person who is personally responsible for providing the treatment.

          (5) Nothing in this chapter may be construed as allowing the court to require the department to pay for the cost of any alcohol or substance abuse evaluation or treatment program.


          Sec. 24. RCW 13.34.176 and 1993 c 412 s 6 are each amended to read as follows:

          (1) The court ((or the department)), upon receiving a report under RCW 13.34.174(4) or at the department's request, may schedule a show cause hearing to determine whether the person is in violation of the treatment conditions. All parties shall be given notice of the hearing. The court shall hold the hearing within ten days of the request for a hearing. At the hearing, testimony, declarations, reports, or other relevant information may be presented on the person's alleged failure to comply with the treatment plan and the person shall have the right to present similar information on his or her own behalf.

          (2) If the court finds that there has been a violation of the treatment conditions it shall modify the dependency order, as necessary, to ensure the safety of the child. The modified order shall remain in effect until the party is in full compliance with the treatment requirements.


          Sec. 25. RCW 13.34.180 and 1998 c 314 s 4 are each amended to read as follows:

          (1) A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege all of the following unless subsection (2) or (3) of this section applies:

          (((1))) (a) That the child has been found to be a dependent child ((under RCW 13.34.030(4))); ((and

          (2))) (b) That the court has entered a dispositional order pursuant to RCW 13.34.130; ((and

          (3))) (c) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency ((under RCW 13.34.030(4))); ((and

          (4))) (d) That the services ordered under ((RCW 13.34.130)) section 18 of this act have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided; ((and

          (5))) (e) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:

          (((a))) (i) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or

          (((b))) (ii) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and

          (((6))) (f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home((; or)).

          (((7))) (2) In lieu of the allegations in subsection((s)) (1) ((through (6))) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found((; or)).

          (((8))) (3) In lieu of the allegations in subsection((s (2) through (6))) (1)(b) through (f) of this section, the petition may allege that the parent has been ((found by a court of competent jurisdiction)) convicted of:

          (a) ((To have committed, against another child of such parent,)) Murder in the first degree, murder in the second degree, or homicide by abuse as defined in chapter 9A.32 RCW against another child of the parent;

          (b) ((To have committed, against another child of such parent,)) Manslaughter in the first degree or manslaughter in the second degree, as defined in chapter 9A.32 RCW against another child of the parent;

          (c) ((To have attempted, conspired, or solicited)) Attempting, conspiring, or soliciting another to commit one or more of the crimes listed in (a) or (b) of this subsection; or

          (d) ((To have committed)) Assault in the first or second degree, as defined in chapter 9A.36 RCW, against the surviving child or another child of the parent.

          (4) Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:

 

"NOTICE

 

A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.

1. You have the right to a fact-finding hearing before a judge.

2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

You should be present at this hearing.

You may call    (insert agency)    for more information about your child. The agency's name and telephone number are    (insert name and telephone number)   ."


          Sec. 26. RCW 13.34.190 and 1998 c 314 s 5 are each amended to read as follows:

          After hearings pursuant to RCW 13.34.110 or 13.34.130, the court may enter an order terminating all parental rights to a child only if the court finds that:

          (1)(a) The allegations contained in the petition as provided in RCW 13.34.180(1) ((through (6))) are established by clear, cogent, and convincing evidence; or

          (b) ((RCW 13.34.180 (3) and (4) may be waived because the allegations under)) The provisions of RCW 13.34.180 (1)((, (2), (5), and (6))) (a), (b), (e), and (f) are established beyond a reasonable doubt and if so, then RCW 13.34.180(1) (c) and (d) may be waived. When an infant has been abandoned, as defined in RCW 13.34.030, and the abandonment has been proved beyond a reasonable doubt, then RCW 13.34.180(1) (c) and (d) may be waived; or

          (c) The allegation under RCW 13.34.180(((7))) (2) is established beyond a reasonable doubt. In determining whether RCW 13.34.180 (((5) and (6))) (1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in ((RCW 13.34.130(2))) section 16 of this act exist; or

          (d) The allegation under RCW 13.34.180(((8))) (3) is established beyond a reasonable doubt; and

          (2) Such an order is in the best interests of the child.


          Sec. 27. RCW 13.34.200 and 1977 ex.s. c 291 s 48 are each amended to read as follows:

          (1) Upon the termination of parental rights pursuant to RCW 13.34.180, all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceedings concerning the child: PROVIDED, That any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated. The rights of one parent may be terminated without affecting the rights of the other parent and the order shall so state.

          (2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States, nor shall any action under this chapter be deemed to affect any rights and benefits that ((a native American)) an Indian child derives from the child's descent from a member of a federally recognized Indian tribe.


          Sec. 28. RCW 13.34.210 and 1991 c 127 s 6 are each amended to read as follows:

          If, upon entering an order terminating the parental rights of a parent, there remains no parent having parental rights, the court shall commit the child to the custody of the department ((of social and health services)) or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption((, or in the absence thereof)). If an adoptive home has not been identified, the department or agency shall place the child in a licensed foster home, or take other suitable measures for the care and welfare of the child. The custodian shall have authority to consent to the adoption of the child consistent with chapter 26.33 RCW, the marriage of the child, the enlistment of the child in the armed forces of the United States, necessary surgical and other medical treatment for the child, and to consent to such other matters as might normally be required of the parent of the child.

          If a child has not been adopted within six months after the date of the order and a ((general guardian)) guardianship of the child under RCW 13.34.231 or chapter 11.88 RCW, or a permanent custody order under chapter 26.10 RCW, has not been ((appointed)) entered by the court, ((the child shall be returned to the court for entry of further orders for his or her care, custody, and control, and, except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW,)) the court shall review the case every six months ((thereafter)) until a decree of adoption is entered except for those cases which are reviewed by a citizen review board under chapter 13.70 RCW.


          Sec. 29. RCW 13.34.231 and 1994 c 288 s 6 are each amended to read as follows:

          At the hearing on a dependency guardianship petition, all parties have the right to present evidence and cross examine witnesses. The rules of evidence apply to the conduct of the hearing. A guardianship shall be established if the court finds by a preponderance of the evidence that:

          (1) The child has been found to be a dependent child under RCW 13.34.030;

          (2) A dispositional order has been entered pursuant to RCW 13.34.130;

          (3) The child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030;

          (4) The services ordered under RCW 13.34.130 and section 18 of this act have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided;

          (5) There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and

          (6) A guardianship, rather than termination of the parent-child relationship or continuation of efforts to return the child to the custody of the parent, would be in the best interest of the child.


          Sec. 30. RCW 13.34.233 and 1995 c 311 s 24 are each amended to read as follows:

          (1) Any party may request the court under RCW 13.34.150 to modify or terminate a dependency guardianship order ((under RCW 13.34.150)). Notice of any motion to modify or terminate the guardianship shall be served on all other parties, including any agency that was responsible for supervising the child's placement at the time the guardianship petition was filed. Notice ((shall)) in all cases shall be served upon the department ((of social and health services)). If the department was not previously a party to the guardianship proceeding, the department shall nevertheless have the right to: (a) Initiate a proceeding to modify or terminate a guardianship; and ((the right to)) (b) intervene at any stage of such a proceeding.

          (2) The guardianship may be modified or terminated upon the motion of any party or the department if the court finds by a preponderance of the evidence that there has been a substantial change of circumstances subsequent to the establishment of the guardianship and that it is in the child's best interest to modify or terminate the guardianship. The court shall hold a hearing on the motion before modifying or terminating a guardianship.

          (3) Upon entry of an order terminating the guardianship, the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal standing to participate as a party in further dependency proceedings pertaining to the child. The court may allow the child's dependency guardian to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.

          (4) Upon entry of an order terminating the guardianship, the child shall remain dependent and the court shall either return the child to the child's parent or order the child into the custody, control, and care of the department ((of social and health services)) or a licensed child-placing agency for placement in a foster home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to such chapter. The court shall not place a child in the custody of the child's parent unless the court finds that ((a)) reasons for removal as set forth in RCW 13.34.130 no longer exist((s)) and that such placement is in the child's best interest. The court shall thereafter conduct reviews as provided in ((RCW 13.34.130(5))) section 19 of this act and, where applicable, shall hold a permanency planning hearing in accordance with RCW 13.34.145.


          Sec. 31. RCW 13.34.235 and 1981 c 195 s 6 are each amended to read as follows:

          A dependency guardianship ((established under RCW 13.34.231 and 13.34.232)) is not subject to the review hearing requirements of ((RCW 13.34.130)) section 19 of this act unless ordered by the court under RCW 13.34.232(1)(e).


          Sec. 32. RCW 13.34.260 and 1990 c 284 s 25 are each amended to read as follows:

          In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child. Preferences such as family constellation, ethnicity, and religion shall be ((given consideration)) considered when matching children to foster homes. Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and ((should)) shall be integrated through the foster care team. For purposes of this section, "foster care team" means the foster parent currently providing care, the currently assigned social worker, and the parent or parents.


          Sec. 33. RCW 13.34.270 and 1998 c 229 s 2 are each amended to read as follows:

          (1) Whenever the department ((of social and health services)) places a ((developmentally disabled)) child with a developmental disability in out-of-home care pursuant to RCW 74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that continued placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination is required.

          (2) To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability((, as defined in RCW 71A.10.020,)) and that the child has been placed in out-of-home care pursuant to RCW 74.13.350. The petition shall request that the court review the child's placement, make a determination ((that)) whether continued placement is in the best interests of the child, and take other necessary action as provided in this section. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has agreed to the child's placement in out-of-home care. Reasonable attempts shall be made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child.

          (3) Upon filing of the petition, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location is known. Notification under this section may be given by the most expedient means, including but not limited to, mail, personal service, and telephone((, and telegraph)).

          (4) The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100, unless the court for good cause finds the appointment unnecessary.

          (5) Permanency planning hearings shall be held as provided in this ((subsection)) section. At the hearing, the court shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.

          (a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order under chapter 11.88 RCW has not previously been entered. The hearing shall take place no later than twelve months following commencement of the child's current placement episode.

          (b) For children over age ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order under chapter 11.88 RCW has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.

          (c) No later than ten working days before the permanency planning hearing, the department shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties. The plan shall be directed toward securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent or legal guardian; adoption; guardianship; or long-term out-of-home care, until the child is age eighteen, with a written agreement between the parties and the child's care provider.

          (d) If a goal of long-term out-of-home care has been achieved before the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remains appropriate. In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.

          (e) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the voluntary placement agreement is terminated.

          (6) Any party to the voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian, unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130. The department shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the child's parent or legal guardian. Whenever a voluntary placement agreement is terminated, an action under this section shall be dismissed.

          (7) This section does not prevent the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030. An action filed under this section shall be dismissed upon the filing of a dependency petition regarding a child who is the subject of the action under this section.


          Sec. 34. RCW 13.34.300 and 1979 ex.s. c 201 s 3 are each amended to read as follows:

          The legislature finds that it is the responsibility of the custodial parent, parents or guardian to ensure that children within the custody of such individuals attend school as provided for by law. To this end, while a parent's failure to cause a juvenile to attend school should not alone provide a basis for a neglect petition against the parent or guardian, when a neglect petition is filed on the basis of other evidence, a parent or guardian's failure to take reasonable steps to ensure that the juvenile attends school may be ((used as evidence with respect)) relevant to the question of the appropriate disposition of a neglect petition.


          Sec. 35. RCW 13.34.340 and 1999 c 188 s 4 are each amended to read as follows:

          For minors who cannot consent to the release of their records with the department because they are not old enough to consent to treatment, or, if old enough, lack the capacity to consent, or if the minor is receiving treatment involuntarily with a provider the department has authorized to provide mental health treatment under RCW 13.34.320, the department shall disclose, upon the treating physician's request, all relevant records, including the minor's passport as established under RCW 74.13.285, in the department's possession that the treating physician determines contain information required for treatment of the minor. The treating physician shall maintain all records received from the department in a manner that distinguishes the records from any other records in the minor's file with the treating physician and the department records may not be disclosed by the treating physician to any other person or entity absent a court order except that, for medical purposes only, a treating physician may disclose the department records to another treating physician.


          Sec. 36. RCW 13.70.003 and 1989 1st ex.s. c 17 s 1 are each amended to read as follows:

          The legislature recognizes the importance of permanency and continuity to children and of fairness to parents in the provision of child welfare services.

          The legislature intends to create a citizen review board system that will function in an advisory capacity to the judiciary, the department, and the legislature. The purpose of the citizen review board system is to:

          (1) Provide periodic review of cases involving substitute care of children in a manner that complies with case review requirements and time lines imposed by federal laws pertaining to child welfare services;

          (2) Improve the quality of case review provided to children in substitute care and their families; and

          (3) Provide a means for community involvement in monitoring cases of children in substitute care.

          In order to accomplish the foregoing purposes, the citizen review board system shall not be subject to the procedures and standards usually applicable to judicial and administrative hearings, except as otherwise specifically provided in this chapter and ((RCW 13.34.130)) section 19 of this act, 13.34.145, and 26.44.115. Nothing in this chapter and ((RCW 13.34.130)) section 19 of this act, 13.34.145, and 26.44.115 shall limit the ability of the department to utilize court review hearings and administrative reviews to meet the periodic review requirements imposed by federal law.


          Sec. 37. RCW 13.70.110 and 1991 c 127 s 5 are each amended to read as follows:

          (1) This section shall apply to cases where a child has been placed in substitute care pursuant to a proceeding under chapter 13.34 RCW.

          (2) Within forty-five days following commencement of the placement episode, the court shall assign the child's case to a board and forward to the board a copy of the dependency petition and any shelter care or dependency disposition orders which have been entered in the case by the court.

          (3) The board shall review the case plan for each child whose case is assigned to the board by the court. The review shall take place at times set by the board. The first review shall occur within ninety days following commencement of the placement episode. The second review shall occur within six months following commencement of the placement episode. The next review shall occur within one year after commencement of the placement episode. Within ((eighteen)) twelve months following commencement of the placement episode, a permanency planning hearing shall be held before the court in accordance with RCW 13.34.145. Thereafter, the court shall assign the child's case for a board review or a court review hearing pursuant to ((RCW 13.34.130(5))) section 17 of this act. A board review or a court review hearing shall take place at least once every six months until the child is no longer within the jurisdiction of the court or no longer in substitute care or until a guardianship order or adoption decree is entered. After the permanency planning hearing, a court review hearing must occur at least once a year as provided in ((RCW 13.34.130)) section 19 of this act. The board shall review any case where a petition to terminate parental rights has been denied, and such review shall occur as soon as practical but no later than forty-five days after the denial.

          (4) The board shall prepare written findings and recommendations with respect to:

          (a) Whether reasonable efforts were made before the placement to prevent or eliminate the need for removal of the child from the home, including whether consideration was given to removing the alleged offender, rather than the child, from the home;

          (b) Whether reasonable efforts have been made subsequent to the placement to make it possible for the child to be returned home;

          (c) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;

          (d) Whether there is a continuing need for placement and whether the placement is appropriate;

          (e) Whether there has been compliance with the case plan;

          (f) Whether progress has been made toward alleviating the need for placement;

          (g) A likely date by which the child may be returned home or other permanent plan of care may be implemented; and

          (h) Other problems, solutions, or alternatives the board determines should be explored.

          (5) Within ten working days following the review, the board shall send a copy of its findings and recommendations to the parents and their attorneys, the child's custodians and their attorneys, mature children and their attorneys, other attorneys or guardians ad litem appointed by the court to represent children, the department and other child placement agencies directly responsible for supervising the child's placement, and any prosecuting attorney or attorney general actively involved in the case. If the child is an Indian as defined in the Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., a copy of the board's findings and recommendations shall also be sent to the child's Indian tribe.

          (6) If the department is unable or unwilling to implement the board recommendations, the department shall submit to the board, within ten working days after receipt of the findings and recommendations, an implementation report setting forth the reasons why the department is unable or unwilling to implement the board's recommendations. The report will also set forth the case plan which the department intends to implement.

          (7) Within forty-five days following the review, the board shall either:

          (a) Schedule the case for further review by the board; or

          (b) Submit to the court the board's findings and recommendations and the department's implementation reports, if any. If the board's recommendations are different from the existing court-ordered case plan, the board shall also file with the court a motion for a review hearing.

          (8) Within ten days of receipt of the board's written findings and recommendations and the department's implementation report, if any, the court shall review the findings and recommendations and implementation reports, if any. The court may on its own motion schedule a review hearing.

          (9) Unless modified by subsequent court order, the court-ordered case plan and court orders that are in effect at the time that a board reviews a case shall remain in full force and effect. Board findings and recommendations are advisory only and do not in any way modify existing court orders or court-ordered case plans.

          (10) The findings and recommendations of the board and the department's implementation report, if any, shall become part of the department's case file and the court social file pertaining to the child.

          (11) Nothing in this section shall limit or otherwise modify the rights of any party to a dependency proceeding to request and receive a court review hearing pursuant to the provisions of chapter 13.34 RCW or applicable court rules.


          Sec. 38. RCW 13.70.140 and 1993 c 505 s 4 are each amended to read as follows:

          A permanency planning hearing shall be held before the court in accordance with RCW 13.34.145. Thereafter, court review hearings shall occur at least once every six months, under ((RCW 13.34.130(5))) section 19 of this act, until the child is no longer within the jurisdiction of the court or the child returns home or a guardianship order or adoption decree is entered. The court may review the case more frequently upon the court's own motion or upon the request of any party to the proceeding.


          Sec. 39. RCW 26.44.115 and 1990 c 246 s 10 are each amended to read as follows:

          If a child is taken into custody by child protective services pursuant to a court order issued under ((RCW 13.34.050)) section 5 of this act, the child protective services worker shall take reasonable steps to advise the parents immediately, regardless of the time of day, that the child has been taken into custody, the reasons why the child was taken into custody, and general information about the child's placement. The department shall comply with RCW 13.34.060 when providing notice under this section.


          Sec. 40. RCW 74.15.030 and 1997 c 386 s 33 are each amended to read as follows:

          The secretary shall have the power and it shall be the secretary's duty:

          (1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

          (2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

          The minimum requirements shall be limited to:

          (a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

          (b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

          (c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

          (d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

          (e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

          (f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

          (g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

          (3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under ((RCW 13.34.060)) section 7 of this act or RCW 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

          (4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

          (5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

          (6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

          (7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

          (8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the child care coordinating committee and other affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and

          (9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.


          NEW SECTION. Sec. 41. RCW 13.34.170 shall be recodified to appear immediately following RCW 13.34.160.


          NEW SECTION. Sec. 42. The following acts or parts of acts are each repealed:

                                         (1)         RCW 13.34.162 (Child support schedule) and 1993 c 412 s 10 and 1988 c 275 s 15; and

                                         (2)        RCW 13.34.220 (Order terminating parent and child relationship--Prevailing party to present findings, etc., to court, when) and 1979 c 155 s 50."


          Correct the title.

 

Signed by Representatives D. Sommers, Republican Co-Chair; Tokuda, Democratic Co-Chair; Boldt, Republican Vice Chair; Kagi, Democratic Vice Chair; Campbell; Carrell; Dickerson; Eickmeyer; Kastama and Pflug.


          Voting yea: Representatives D. Sommers, Tokuda, Boldt, Kagi, Campbell, Carrell, Dickerson, Eickmeyer, Kastama and Pflug.


          Passed to Rules Committee for Second Reading.


February 24, 2000

ESSB 6218          Prime Sponsor, Committee on Senate Human Services & Corrections: Making technical and clarifying amendments to the family reconciliation act. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 13.32A.010 and 1995 c 312 s 1 are each amended to read as follows:

          The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, the experience and maturity of parents make them better qualified to establish guidelines beneficial to and protective of their children. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. Further, absent abuse or neglect, parents ((should)) have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.

          The legislature recognizes there is a need for services and assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger themselves or others.

          The legislature finds many parents do not know their rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents, courts, and law enforcement to keep families together and reunite them whenever possible.

          The legislature recognizes that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.

          The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the courts be used as a last resort.

          The legislature intends to increase the safety of children through the preservation of families and the provision of assessment, treatment, and placement services for children in need of services and at-risk youth including services and assessments conducted under chapter 13.32A RCW and RCW 74.13.033. Within available funds, the legislature intends to provide these services through crisis residential centers in which children and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations.

          The legislature recognizes that crisis residential centers provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children in the center and their parents.

          The legislature intends to provide for the protection of children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate residential services, including secure facilities, to protect, stabilize, and treat children with serious problems. The legislature further intends to empower parents by providing them with the assistance they require to raise their children.


          Sec. 2. RCW 13.32A.030 and 1997 c 146 s 1 are each amended to read as follows:

          As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

          (1) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.

          (2) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.

          (((2))) (3) "At-risk youth" means a juvenile:

          (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;

          (b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or

          (c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.

          (((3))) (4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.

          (((4))) (5) "Child in need of services" means a juvenile:

          (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;

          (b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours on two or more separate occasions from the home of either parent(('s home)), a crisis residential center, an out-of-home placement, or a court-ordered placement ((on two or more separate occasions)); and

          (i) Has exhibited a serious substance abuse problem; or

          (ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

          (c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, ((educational,)) or education; or (B) services designed to maintain or reunite the family;

          (ii) Who lacks access to, or has declined((,)) to utilize, these services; and

          (iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

          (((5))) (6) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.

          (((6))) (7) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.

          (((7))) (8) "Custodian" means the person or entity who has the legal right to the custody of the child.

          (((8))) (9) "Department" means the department of social and health services.

          (((9))) (10) "Extended family member" means an adult who is 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.

          (((10))) (11) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.

          (((11))) (12) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent. The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

          (((12))) (13) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

          (((13))) (14) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.

          (((14))) (15) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.

          (((15))) (16) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center.

          (((16))) (17) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department with a ratio of at least one adult staff member to every two children.

          (((17))) (18) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.


          Sec. 3. RCW 13.32A.040 and 1995 c 312 s 5 are each amended to read as follows:

          Families who are in conflict or who are experiencing problems with at-risk youth or a child who may be in need of services may request family reconciliation services from the department. The department may involve a local multidisciplinary team in its response in determining the services to be provided and in providing those services. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to at-risk youth, children in need of services, or family conflicts ((and)). These services may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, mental health, drug or alcohol treatment, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family((. Family reconciliation services may also include)), and training in parenting, conflict management, and dispute resolution skills.


          Sec. 4. RCW 13.32A.042 and 1995 c 312 s 13 are each amended to read as follows:

          (1)(a) The administrator of a crisis residential center may convene a multidisciplinary team, which is to be locally based and administered, at the request of a child placed at the center or the child's parent.

          (b) If the administrator has reasonable cause to believe that a child is a child in need of services and the parent is unavailable or unwilling to continue efforts to maintain the family structure, the administrator shall immediately convene a multidisciplinary team.

          (c) A parent may disband a team twenty-four hours, excluding weekends and holidays, after receiving notice of formation of the team under (b) of this subsection unless a petition has been filed under RCW 13.32A.140. If a petition has been filed the parent may not disband the team until the hearing is held under RCW 13.32A.179. The court may allow the team to continue if an out-of-home placement is ordered under RCW 13.32A.179(3). Upon the filing of an at-risk youth or dependency petition the team shall cease to exist, unless the parent requests continuation of the team or unless the out-of-home placement was ordered under RCW 13.32A.179(3).

          (2) The secretary shall request participation of appropriate state agencies to assist in the coordination and delivery of services through the multidisciplinary teams. Those agencies that agree to participate shall provide the secretary all information necessary to facilitate forming a multidisciplinary team and the secretary shall provide this information to the administrator of each crisis residential center.

          (3) The secretary shall designate within each region a department employee who shall have responsibility for coordination of the state response to a request for creation of a multidisciplinary team. The secretary shall advise the administrator of each crisis residential center of the name of the appropriate employee. Upon a request of the administrator to form a multidisciplinary team the employee shall provide a list of the agencies that have agreed to participate in the multidisciplinary team.

          (4) The administrator shall also seek participation from representatives of mental health and drug and alcohol treatment providers as appropriate.

          (5) A parent shall be advised of the request to form a multidisciplinary team and may select additional members of the multidisciplinary team. The parent or child may request any person or persons to participate including, but not limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners, social service providers, youth residential placement providers, other family members, church representatives, and members of their own community. The administrator shall assist in obtaining the prompt participation of persons requested by the parent or child.

          (6) When an administrator of a crisis residential center requests the formation of a team, the state agencies must respond as soon as possible. ((The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:

          (a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;

          (b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;

          (c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or

          (d) With the parent's consent, work with them to achieve reconciliation of the child and family.))


          Sec. 5. RCW 13.32A.044 and 1995 c 312 s 14 are each amended to read as follows:

          (1) The purpose of the multidisciplinary team is to assist in a coordinated referral of the family to available social and health-related services.

          (2) The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:

          (a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;

          (b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;

          (c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or

          (d) With the parent's consent, work with them to achieve reconciliation of the child and family.

          (3) At the first meeting of the multidisciplinary team, it shall choose a member to coordinate the team's efforts. The parent member of the multidisciplinary team must agree with the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.

          (((3))) (4) The coordinator of the multidisciplinary team may assist in filing a child in need of services petition when requested by the parent or child or an at-risk youth petition when requested by the parent. The multidisciplinary team shall have no standing as a party in any action under this title.

          (((4))) (5) If the administrator is unable to contact the child's parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days the administrator shall contact the department and request the case be reviewed for a dependency filing under chapter 13.34 RCW.


          Sec. 6. RCW 13.32A.050 and 1997 c 146 s 2 are each amended to read as follows:

          (1) A law enforcement officer shall take a child into custody:

          (a) 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

          (b) 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

          (c) 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

          (d) 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)) under this chapter ((13.32A)) or chapter 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter or chapter 13.34 RCW.

          (2) 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. Law enforcement custody continues until the law enforcement officer transfers custody to a person, agency, or other authorized entity under this chapter, or releases the child because no placement is available. Transfer of custody is not complete unless the person, agency, or entity to whom the child is released agrees to accept custody.

          (3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a crisis residential center, the officer shall, within twenty-four hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody. The center shall provide the department with a copy of the officer's report.

          (4) If the law enforcement officer who initially takes the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department.

          (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 ((receives a report that causes the officer to have)) has a reasonable suspicion that a child is being unlawfully harbored ((under RCW 13.32A.080 or for other reasons has a reasonable suspicion that a child is being harbored under)) in violation of 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.

          (7) No child may be placed in a secure facility except as provided in this chapter.


          Sec. 7. RCW 13.32A.060 and 1997 c 146 s 3 are each amended to read as follows:

          (1) An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall inform the child of the reason for such custody and shall:

          (a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The parent may request that the officer take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department, or a licensed youth shelter. In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home. The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or

          (b) After attempting to notify the parent, take the child to a designated crisis residential center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance if:

          (i) ((If)) The child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of ((child)) abuse or neglect((, as defined in RCW 26.44.020));

          (ii) ((If)) It is not practical to transport the child to his or her home or place of the parent's employment; or

          (iii) ((If)) There is no parent available to accept custody of the child; or

          (c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, ((the officer may)) request the department to accept custody of the child. If the department determines that an appropriate placement is currently available, the department shall accept custody and place the child in an out-of-home placement. Upon accepting custody of a child from the officer, the department may place the child in an out-of-home placement for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, without filing a child in need of services petition ((under this chapter)), obtaining parental consent, or obtaining an order for placement under chapter 13.34 RCW. Upon transferring a child to the department's custody, the officer shall provide written documentation of the reasons and the statutory basis for taking the child into custody. If the department declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed: The home of an adult extended family member; a responsible adult; or a licensed youth shelter ((and)). The officer shall immediately notify the department if no placement option is available and the child is released.

          (2) An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall inform the child of the reason for custody. An officer taking a child into custody under RCW 13.32A.050(1)(c) may release the child to the supervising agency, or shall take the child to a designated crisis residential center's secure facility. If the secure facility is not available, not located within a reasonable distance, or full, the officer shall take the child to a semi-secure crisis residential center. An officer taking a child into custody under RCW 13.32A.050(1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065 or a secure facility, except that the child shall be taken to detention whenever the officer has been notified that a juvenile court has entered a detention order under this chapter or chapter 13.34 RCW.

          (3) Every officer taking a child into custody shall provide the child and his or her parent or parents or responsible adult with a copy of the statement specified in RCW 13.32A.130(6).

          (4) Whenever an officer transfers custody of a child to a crisis residential center or the department, the child may reside in the crisis residential center or may be placed by the department in an out-of-home placement for an aggregate total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays. Thereafter, the child may continue in out-of-home placement only if the parents have consented, a child in need of services petition has been filed ((under this chapter)), or an order for placement has been entered under chapter 13.34 RCW.

          (((4))) (5) The department shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within centers in their jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.


          Sec. 8. RCW 13.32A.065 and 1996 c 133 s 12 are each amended to read as follows:

          (1) ((A child may be placed in detention after being taken into custody pursuant to RCW 13.32A.050(1)(d).)) If a child is placed in detention under RCW 13.32A.050(1)(d), the court shall hold a detention review hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:

          (a) A motion and order to show why the child should not be held in contempt has been filed and served on the child at or before the detention hearing; and

          (b) The court believes that the child would not appear at a hearing on contempt.

          (2) If the court orders the child to remain in detention, the court shall set the matter for a hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and holidays.


          Sec. 9. RCW 13.32A.080 and 1994 sp.s. c 7 s 507 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) Unlawful harboring of a minor is punishable as a gross misdemeanor.

          (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. 10. RCW 13.32A.082 and 1996 c 133 s 14 are each amended to read as follows:

          (1) Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home without the permission of the parent, or other lawfully prescribed residence((, without the permission of the parent)), shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department. The report may be made by telephone or any other reasonable means.

          (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

          (a) "Shelter" means the person's home or any structure over which the person has any control.

          (b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.

          (3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.


          Sec. 11. RCW 13.32A.090 and 1996 c 133 s 7 are each amended to read as follows:

          (1) The administrator of a designated crisis residential center or the department shall perform the duties under subsection (((2))) (3) of this section:

          (a) Upon admitting a child who has been brought to the center by a law enforcement officer under RCW 13.32A.060;

          (b) Upon admitting a child who has run away from home or has requested admittance to the center;

          (c) Upon learning from a person under RCW ((13.32A.080(3))) 13.32A.082 that the person is providing shelter to a child absent from home; or

          (d) Upon learning that a child has been placed with a responsible adult pursuant to RCW 13.32A.060.

          (2) Transportation expenses of the child shall be at the parent's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the department.

          (3) When any of the circumstances under subsection (1) of this section are present, the administrator of a center or the department shall perform the following duties:

          (a) Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement;

          (b) Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve a reconciliation between the parent and child to reunify the family and inform the parent as to the procedures to be followed under this chapter;

          (c) Inform the parent whether a referral to children's protective services has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020(12) governing child abuse and neglect in this state; and either

          (d)(i) Arrange transportation for the child to the residence of the parent, as soon as practicable, ((at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses to be assumed by the department,)) when the child and his or her parent agrees to the child's return home or when the parent produces a copy of a court order entered under this chapter requiring the child to reside in the parent's home; or

          (((e))) (ii) Arrange transportation for the child to: (i) An out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent; or (ii) a certified or licensed mental health or chemical dependency program of the parent's choice((; at the parent's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the department)).

          (((3))) (4) If the administrator of the crisis residential center performs the duties listed in subsection (((2))) (3) of this section, he or she shall also notify the department that a child has been admitted to the crisis residential center.


          Sec. 12. RCW 13.32A.095 and 1996 c 133 s 15 are each amended to read as follows:

          The administrator of ((the)) a crisis residential center shall notify parents ((and)), the appropriate law enforcement agency, and the department immediately as to any unauthorized leave from the center by a child placed at the center.


          Sec. 13. RCW 13.32A.100 and 1996 c 133 s 16 are each amended to read as follows:

          Where a child is placed in an out-of-home placement pursuant to RCW 13.32A.090(((2)(e))) (3)(d)(ii), the department shall make available family reconciliation services in order to facilitate the reunification of the family. Any such placement may continue as long as there is agreement by the child and parent.


          Sec. 14. RCW 13.32A.120 and 1996 c 133 s 18 are each amended to read as follows:

          (1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to RCW 13.32A.090(((2)(e))) (3)(d)(ii), the administrator of the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.

          (2) If a child and his or her parent cannot agree to an out-of-home placement under RCW 13.32A.090(((2)(e))) (3)(d)(ii), either the child or parent may file ((with the juvenile court)) a child in need of services petition to approve an out-of-home placement or the parent may file ((with the juvenile court a)) an at-risk youth petition ((in the interest of a child alleged to be an at-risk youth under this chapter)).

          (3) If a child and his or her parent cannot agree to the continuation of an out-of-home placement ((arrived at)) under RCW 13.32A.090(((2)(e))) (3)(d)(ii), either the child or parent may file ((with the juvenile court)) a child in need of services petition to ((approve)) continue an out-of-home placement or the parent may file ((with the juvenile court a)) an at-risk youth petition ((in the interest of a child alleged to be an at-risk youth under this chapter)).


          Sec. 15. RCW 13.32A.130 and 1997 c 146 s 4 are each amended to read as follows:

          (1) A child admitted to a secure facility ((within a crisis residential center)) shall remain in the facility for at least twenty-four hours after admission but for not more than five consecutive days((, but for at least twenty-four hours after admission)). If the child admitted under this section is transferred ((between centers or)) between secure and semi-secure facilities, the aggregate length of time spent in all such centers or facilities may not exceed five consecutive days per admission.

          (2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department. The determination shall be based on: (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.

          (ii) In making the determination the administrator shall consider the following information if known: (A) The child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away ((which has endangered the health, safety, and welfare of the child)); and (F) the child's willingness to cooperate in the assessment.

          (b) If the administrator of a secure facility determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility. The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.

          (c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.

          (d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.

          (3) If no parent is available or willing to remove the child during the first seventy-two hours following admission, the department shall consider the filing of a petition under RCW 13.32A.140.

          (4) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time during the five-day period unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents. The department or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four-hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.

          (5) Crisis residential center staff shall make reasonable efforts to protect the child and 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)) admission, and if the administrator of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file a child in need of services petition for an out-of-home 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; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under RCW 13.32A.197.

          (6) At no time shall information regarding a parent's or child's rights be withheld. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating 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 the statement. In addition,)) The administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.

          (7) A crisis residential center and ((its administrator or his or her designee)) any person employed at the center acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.


          Sec. 16. RCW 13.32A.140 and 1997 c 146 s 5 are each amended to read as follows:

          Unless the department files a dependency petition, the department shall file a child in need of services petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances:

          (1) The child has been admitted to a crisis residential center or has been placed by the department in an out-of-home placement, and:

          (a) The parent has been notified that the child was so admitted or placed;

          (b) The child cannot return home, and legal authorization is needed for out-of-home placement beyond seventy-two hours;

          (c) No agreement between the parent and the child as to where the child shall live has been reached;

          (d) No child in need of services petition has been filed by either the child or parent;

          (e) The parent has not filed an at-risk youth petition; and

          (f) The child has no suitable place to live other than the home of his or her parent.

          (2) The child has been admitted to a crisis residential center and:

          (a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;

          (b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and

          (c) The child has no suitable place to live other than the home of his or her parent.

          (3) An agreement between parent and child made pursuant to RCW 13.32A.090(((2)(e))) (3)(d)(ii) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:

          (a) The party to whom the arrangement is no longer acceptable has so notified the department;

          (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

          (c) No new agreement between parent and child as to where the child shall live has been reached;

          (d) No child in need of services petition has been filed by either the child or the parent;

          (e) The parent has not filed an at-risk youth petition; and

          (f) The child has no suitable place to live other than the home of his or her parent.

          Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in an out-of-home placement until a child in need of services petition filed by the department on behalf of the child is reviewed ((by the juvenile court)) and ((is)) resolved by the juvenile court. The department may authorize emergency medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the department. The state, when the department files a child in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.


          Sec. 17. RCW 13.32A.150 and 1996 c 133 s 20 are each amended to read as follows:

          (1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that the department has completed a family assessment ((has been completed by the department)). The family assessment ((provided by the department)) shall involve the multidisciplinary team ((as provided in RCW 13.32A.040,)) if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under RCW 13.32A.191.

          (2) A child or a child's parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement for the child. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall allege that the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement under this chapter.

          (3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.


          Sec. 18. RCW 13.32A.152 and 1996 c 133 s 21 are each amended to read as follows:

          (1) Whenever a child in need of services petition is filed by: (a) A youth pursuant to RCW 13.32A.150((,)); (b) the child or the child's parent pursuant to RCW 13.32A.120; or (c) the department pursuant to RCW 13.32A.140, the filing party shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.

          (2) Whenever a child in need of services petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed.


          Sec. 19. RCW 13.32A.160 and 1997 c 146 s 6 are each amended to read as follows:

          (1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving a child in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

          (2) Upon filing of a child in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence other than a HOPE center to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.

          (3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.


          Sec. 20. RCW 13.32A.170 and 1996 c 133 s 23 are each amended to read as follows:

          (1) The court shall hold a fact-finding hearing to consider a proper child in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.

          (2) The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:

          (a) The child is a child in need of services as defined in RCW 13.32A.030(((4))) (5);

          (b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;

          (c) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

          (d) A suitable out-of-home placement resource is available.

          The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.

          The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.

          (3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; or (c) dismiss the petition((; or (d))).

          At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.


          Sec. 21. RCW 13.32A.179 and 1997 c 146 s 7 are each amended to read as follows:

          (1) A disposition hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified by the court of the time and place of the hearing.

          (2) At the conclusion of the disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve an out-of-home placement requested in the child in need of services petition by the parents; or (d) order an out-of-home placement at the request of the child or the department not to exceed ninety days((; or (e))).

          At any time the court may order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(((2))) (3).

          (3) The court may only enter an order under subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of the petition; (v) the problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.

          (4) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.

          (5) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.

          (6) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of the child in need of services proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:

          (a) The child has been absent from court approved placement for thirty consecutive days or more;

          (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

          (c) The department has exhausted all available and appropriate resources that would result in reunification.

          (7) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.


          Sec. 22. RCW 13.32A.191 and 1995 c 312 s 25 are each amended to read as follows:

          (1) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioner resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:

          (a) The child is an at-risk youth ((as defined in this chapter));

          (b) The petitioner has the right to legal custody of the child;

          (c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and

          (d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.

          (2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.

          (3) A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.


          Sec. 23. RCW 13.32A.194 and 1996 c 133 s 27 are each amended to read as follows:

          (1) The court shall hold a fact-finding hearing to consider a proper at-risk youth petition. The court shall grant the petition and enter an order finding the child to be an at-risk youth if the allegations in the petition are established by a preponderance of the evidence, unless the child is the subject of a proceeding under chapter 13.34 RCW. If the petition is granted, the court shall enter an order requiring the child to reside in the home of his or her parent or in an out-of-home placement as provided in RCW 13.32A.192(2).

          (2) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided timely notification of all court hearings.

          (3) ((A dispositional hearing shall be held no later than fourteen days after the fact-finding hearing. Each party shall be notified of the time and date of the hearing.

          (4))) If the court grants or denies an at-risk youth petition, a statement of the written reasons shall be entered into the records. If the court denies an at-risk youth petition, the court shall verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.


          Sec. 24. RCW 13.32A.196 and 1995 c 312 s 28 are each amended to read as follows:

          (1) A dispositional hearing shall be held no later than fourteen days after the fact-finding hearing. Each party shall be notified of the time and date of the hearing.

          (2) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department. The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.

          (((2))) (3) The court may set conditions of supervision for the child that include:

          (a) Regular school attendance;

          (b) Counseling;

          (c) Participation in a substance abuse or mental health outpatient treatment program;

          (d) Reporting on a regular basis to the department or any other designated person or agency; and

          (e) Any other condition the court deems an appropriate condition of supervision including but not limited to: Employment, participation in an anger management program, and refraining from using alcohol or drugs.

          (((3))) (4) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

          (((4))) (5) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.

          (((5))) (6) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time ((and)). Upon such a request, the court shall dismiss the matter and cease court supervision of the child unless: (a) A contempt action is pending in the case; (b) a petition has been filed under RCW 13.32A.150 and a hearing has not yet been held under RCW 13.32A.179; or (c) an order has been entered under RCW 13.32A.179(3) and the court retains jurisdiction under that subsection. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

          (((6))) (7) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.


          Sec. 25. RCW 13.32A.200 and 1979 c 155 s 34 are each amended to read as follows:

          All hearings pursuant to this chapter may be conducted at any time or place within the county of the residence of the parent and such cases shall not be heard in conjunction with the business of any other division of the superior court. The ((general)) public shall be excluded from hearings and only such persons who are found by the court to have a direct interest in the case or the work of the court shall be admitted to the proceedings.


          NEW SECTION. Sec. 26. The department of social and health services shall prepare a report to the legislature and governor on the utilization of multidisciplinary teams established under RCW 13.32A.042. The report shall include: (1) The number of teams established in 1997 through 1999 by department region; (2) the persons added to the teams at the request of a parent or child; (3) the average cost per team; (4) trends in utilization of teams by region; (5) a comparison of out-of-home placement rates for youths whose families use the teams and those who do not; and (6) any recommendations on the creation and usefulness of the teams. The report shall be submitted no later than October 1, 2000. This section expires January 1, 2001.


          NEW SECTION. Sec. 27. 1990 c 276 s 1 (uncodified) shall be codified as a section within chapter 13.32A RCW."


          Correct the title.

 

Signed by Representatives D. Sommers, Republican Co-Chair; Tokuda, Democratic Co-Chair; Boldt, Republican Vice Chair; Kagi, Democratic Vice Chair; Campbell; Carrell; Dickerson; Eickmeyer; Kastama and Pflug.


          Voting yea: Representatives D. Sommers, Tokuda, Boldt, Kagi, Campbell, Carrell, Dickerson, Eickmeyer, Kastama and Pflug.


          Passed to Rules Committee for Second Reading.


February 23, 2000

ESSB 6220          Prime Sponsor, Committee on Senate Commerce, Trade, Housing & Financing: Prohibiting unfair competition by motor vehicle dealers and manufacturers. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. A new section is added to chapter 46.96 RCW to read as follows:

          (1) Notwithstanding the terms of a franchise agreement, a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch, or factory representative, shall not:

          (a) Discriminate between new motor vehicle dealers by selling or offering to sell a like vehicle to one dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped;

          (b) Discriminate between new motor vehicle dealers by selling or offering to sell parts or accessories to one dealer at a lower actual price than the actual price offered to another dealer;

          (c) Discriminate between new motor vehicle dealers by using a promotion plan, marketing plan, or other similar device that results in a lower actual price on vehicles, parts, or accessories being charged to one dealer over another dealer;

          (d) Discriminate between new motor vehicle dealers by adopting a method, or changing an existing method, for the allocation, scheduling, or delivery of new motor vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable. Upon the request of a dealer, a manufacturer, distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles;

          (e) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of motor vehicles sold or distributed by the manufacturer, distributor, factory branch, or factory representative, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of vehicles;

          (f) Compete with a new motor vehicle dealer by acting in the capacity of a new motor vehicle dealer, or by owning, operating, or controlling, whether directly or indirectly, a motor vehicle dealership in this state. It is not, however, a violation of this subsection for:

          (i) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership for a temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the dealership was previously owned by a franchised dealer and is currently for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of proof to show justification for the extension and a good faith effort to sell the dealership to an independent person at a fair and reasonable price;

          (ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, and where the independent person: (A) Has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions;

          (iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person: (A) Has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(f)(iii) may not exceed four percent rounded up to the nearest whole number of a manufacturer's total of new motor vehicle dealer franchises in this state;

          (iv) A truck manufacturer to own, operate, or control a new motor vehicle dealership that sells only trucks of that manufacturer's line make with a gross vehicle weight rating of 12,500 pounds or more, and the truck manufacturer has been continuously engaged in the retail sale of the trucks at least since January 1, 1993; or

          (v) A manufacturer to own, operate, or control a new motor vehicle dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of forty-five percent of the total ownership interest in the dealership, (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership, the distance between any dealership thus owned, operated, or controlled and the nearest new motor vehicle dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control is not less than fifteen miles and complies with the applicable provisions in the relevant market area sections of this chapter, (C) all of the manufacturer's franchise agreements confer rights on the dealer of that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and the manufacturer agree are appropriate, and (D) as of January 1, 2000, the manufacturer had no more than four new motor vehicle dealers of that manufacturer's line make in this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the manufacturer;

          (g) Compete with a new motor vehicle dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of motor vehicles under the manufacturer's new car warranty and extended warranty. Nothing in this subsection (1)(g), however, prohibits a manufacturer, distributor, factory branch, or factory representative from owning or operating a service facility for the purpose of providing or performing maintenance, repair, or service work on motor vehicles that are owned by the manufacturer, distributor, factory branch, or factory representative;

          (h) Use confidential or proprietary information obtained from a new motor vehicle dealer to unfairly compete with the dealer. For purposes of this subsection (1)(h), "confidential or proprietary information" means trade secrets as defined in RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other financial information.

          (2) Subsection (1)(a), (b), and (c) of this section do not apply to sales to a motor vehicle dealer: (a) For resale to a federal, state, or local government agency; (b) where the vehicles will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount program; or (e) where the sale is made under a manufacturer's bona fide fleet vehicle discount program. For purposes of this subsection, "fleet" means a group of fifteen or more new motor vehicles purchased or leased by a dealer at one time under a single purchase or lease agreement for use as part of a fleet, and where the dealer has been assigned a fleet identifier code by the department of licensing.

          (3) The following definitions apply to this section:

          (a) "Actual price" means the price to be paid by the dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to the dealer or the ultimate purchaser of the vehicle.

          (b) "Control" or "controlling" means (i) the possession of, title to, or control of ten percent or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary, or (ii) the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise, except as expressly provided under the franchise agreement.

          (c) "Motor vehicles" does not include trucks that are 14,001 pounds gross vehicle weight and above or recreational vehicles as defined in RCW 43.22.335.

          (d) "Operate" means to manage a dealership, whether directly or indirectly.

          (e) "Own" or "ownership" means to hold the beneficial ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether directly or indirectly through a fiduciary, agent, or other intermediary.

          (4) A violation of this section is deemed to affect the public interest and constitutes an unlawful and unfair practice under chapter 19.86 RCW. A person aggrieved by an alleged violation of this section may petition the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW."


          Correct the title.

 

Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hurst; McIntire and McMorris.


          Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hurst, McIntire and McMorris.

          Excused: Representative Lisk.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SB 6223               Prime Sponsor, Senator Hargrove: Reorganizing sentencing provisions. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6244            Prime Sponsor, Committee on Senate Human Services & Corrections: Extending juvenile court jurisdiction for the purpose of enforcing penalty assessments. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 25, 2000

SB 6251               Prime Sponsor, Senator Rasmussen: Regulating horticultural plants and facilities. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Grant; Schoesler; Stensen; Sump and Wood.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cooper, Democratic Vice Chair and Reardon.


          Voting yea: Representatives G. Chandler, Linville, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Schoesler, Stensen, Sump and Wood.

          Voting nay: Representatives Cooper and Reardon.


          Passed to Rules Committee for Second Reading.


February 25, 2000

2SSB 6255          Prime Sponsor, Committee on Senate Judiciary: Prescribing penalties for unlawful possession and storage of anhydrous ammonia. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. (1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains anhydrous ammonia, is guilty of theft of anhydrous ammonia.

          (2) Theft of anhydrous ammonia is a class C felony.


          NEW SECTION. Sec. 2. A person is guilty of the crime of unlawful storage of anhydrous ammonia if the person possesses anhydrous ammonia in a container that (1) is not approved by the United States department of transportation to hold anhydrous ammonia, or (2) does not meet state and federal industrial health and safety standards for holding anhydrous ammonia. Violation of this section is a class C felony.


          NEW SECTION. Sec. 3. Any damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment shall be the sole responsibility of the unlawful possessor, storer, or tamperer. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment extend to the lawful owner, installer, maintainer, designer, manufacturer, or seller of the anhydrous ammonia or anhydrous ammonia equipment, unless such damages arise out of the owner, installer, maintainer, designer, manufacturer, or seller's acts or omissions that constitute negligent misconduct to abide by the laws regarding anhydrous ammonia possession and storage.


          Sec. 4. RCW 69.50.440 and 1997 c 71 s 3 are each amended to read as follows:

          It is unlawful for any person to possess ephedrine ((or)), pseudoephedrine, or anhydrous ammonia with intent to manufacture methamphetamine. Any person who violates this section is guilty of a crime and may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost.


          Sec. 5. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

 

TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

   XVI                  Aggravated Murder 1 (RCW 10.95.020)

 

    XV                  Homicide by abuse (RCW 9A.32.055)

                            Malicious explosion 1 (RCW 70.74.280(1))

                            Murder 1 (RCW 9A.32.030)

 

   XIV                  Murder 2 (RCW 9A.32.050)

 

   XIII                  Malicious explosion 2 (RCW 70.74.280(2))

                            Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

     XII                  Assault 1 (RCW 9A.36.011)

                            Assault of a Child 1 (RCW 9A.36.120)

                            Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                            Rape 1 (RCW 9A.44.040)

                            Rape of a Child 1 (RCW 9A.44.073)

 

      XI                  Manslaughter 1 (RCW 9A.32.060)

                            Rape 2 (RCW 9A.44.050)

                            Rape of a Child 2 (RCW 9A.44.076)

 

       X                  Child Molestation 1 (RCW 9A.44.083)

                            Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                            Kidnapping 1 (RCW 9A.40.020)

                            Leading Organized Crime (RCW 9A.82.060(1)(a))

                            Malicious explosion 3 (RCW 70.74.280(3))

                            Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

 

      IX                  Assault of a Child 2 (RCW 9A.36.130)

                            Controlled Substance Homicide (RCW 69.50.415)

                            Explosive devices prohibited (RCW 70.74.180)

                            Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                            Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                            Malicious placement of an explosive 2 (RCW 70.74.270(2))

                            Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                            Robbery 1 (RCW 9A.56.200)

                            Sexual Exploitation (RCW 9.68A.040)

                            Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

   VIII                  Arson 1 (RCW 9A.48.020)

                            Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                            Manslaughter 2 (RCW 9A.32.070)

                            Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                            Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                            Possession of Ephedrine ((or)), Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

                            Promoting Prostitution 1 (RCW 9A.88.070)

                            Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                            Theft of Anhydrous Ammonia (section 1 of this act)

                            Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 

     VII                  Burglary 1 (RCW 9A.52.020)

                            Child Molestation 2 (RCW 9A.44.086)

                            Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                            Drive-by Shooting (RCW 9A.36.045)

                            Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                            Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                            Introducing Contraband 1 (RCW 9A.76.140)

                            Involving a minor in drug dealing (RCW 69.50.401(f))

                            Malicious placement of an explosive 3 (RCW 70.74.270(3))

                            Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                            Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                            Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                            Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

 

      VI                  Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                            Bribery (RCW 9A.68.010)

                            Incest 1 (RCW 9A.64.020(1))

                            Intimidating a Judge (RCW 9A.72.160)

                            Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                            Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                            Rape of a Child 3 (RCW 9A.44.079)

                            Theft of a Firearm (RCW 9A.56.300)

                            Unlawful Storage of Anhydrous Ammonia (section 2 of this act)

 

       V                  Abandonment of dependent person 1 (RCW 9A.42.060)

                            Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                            Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                            Child Molestation 3 (RCW 9A.44.089)

                            Criminal Mistreatment 1 (RCW 9A.42.020)

                            Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                            Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                            Extortion 1 (RCW 9A.56.120)

                            Extortionate Extension of Credit (RCW 9A.82.020)

                            Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                            Incest 2 (RCW 9A.64.020(2))

                            Kidnapping 2 (RCW 9A.40.030)

                            On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                            On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                            On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                            On and after July 1, 2000: Stalking (RCW 9A.46.110)

                            Perjury 1 (RCW 9A.72.020)

                            Persistent prison misbehavior (RCW 9.94.070)

                            Possession of a Stolen Firearm (RCW 9A.56.310)

                            Rape 3 (RCW 9A.44.060)

                            Rendering Criminal Assistance 1 (RCW 9A.76.070)

                            Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                            Sexually Violating Human Remains (RCW 9A.44.105)

 

      IV                  Arson 2 (RCW 9A.48.030)

                            Assault 2 (RCW 9A.36.021)

                            Assault by Watercraft (RCW ((88.12.032)) 79A.60.050)

                            Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                            Commercial Bribery (RCW 9A.68.060)

                            Counterfeiting (RCW 9.16.035(4))

                            Escape 1 (RCW 9A.76.110)

                            Hit and Run--Injury Accident (RCW 46.52.020(4))

                            Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))

                            Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                            Influencing Outcome of Sporting Event (RCW 9A.82.070)

                            Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                            Malicious Harassment (RCW 9A.36.080)

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                            Residential Burglary (RCW 9A.52.025)

                            Robbery 2 (RCW 9A.56.210)

                            Theft of Livestock 1 (RCW 9A.56.080)

                            Threats to Bomb (RCW 9.61.160)

                            Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                            Vehicular Assault (RCW 46.61.522)

                            Willful Failure to Return from Furlough (RCW 72.66.060)

 

      III                  Abandonment of dependent person 2 (RCW 9A.42.070)

                            Assault 3 (RCW 9A.36.031)

                            Assault of a Child 3 (RCW 9A.36.140)

                            Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                            Burglary 2 (RCW 9A.52.030)

                            Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                            Criminal Gang Intimidation (RCW 9A.46.120)

                            Criminal Mistreatment 2 (RCW 9A.42.030)

                            Custodial Assault (RCW 9A.36.100)

                            Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                            Escape 2 (RCW 9A.76.120)

                            Extortion 2 (RCW 9A.56.130)

                            Harassment (RCW 9A.46.020)

                            Intimidating a Public Servant (RCW 9A.76.180)

                            Introducing Contraband 2 (RCW 9A.76.150)

                            Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                            Malicious Injury to Railroad Property (RCW 81.60.070)

                            Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                            Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                            Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                            Perjury 2 (RCW 9A.72.030)

                            Possession of Incendiary Device (RCW 9.40.120)

                            Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                            Promoting Prostitution 2 (RCW 9A.88.080)

                            Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                            Securities Act violation (RCW 21.20.400)

                            Tampering with a Witness (RCW 9A.72.120)

                            Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                            Theft of Livestock 2 (RCW 9A.56.080)

                            Unlawful Imprisonment (RCW 9A.40.040)

                            Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                            Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                            Willful Failure to Return from Work Release (RCW 72.65.070)

 

       II                  Computer Trespass 1 (RCW 9A.52.110)

                            Counterfeiting (RCW 9.16.035(3))

                            Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                            Escape from Community Custody (RCW 72.09.310)

                            Health Care False Claims (RCW 48.80.030)

                            Malicious Mischief 1 (RCW 9A.48.070)

                            Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                            Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                            Possession of Stolen Property 1 (RCW 9A.56.150)

                            Theft 1 (RCW 9A.56.030)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                            Trafficking in Insurance Claims (RCW 48.30A.015)

                            Unlawful Practice of Law (RCW 2.48.180)

                            Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

 

         I                  Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                            False Verification for Welfare (RCW 74.08.055)

                            Forged Prescription (RCW 69.41.020)

                            Forged Prescription for a Controlled Substance (RCW 69.50.403)

                            Forgery (RCW 9A.60.020)

                            Malicious Mischief 2 (RCW 9A.48.080)

                            Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                            Possession of Stolen Property 2 (RCW 9A.56.160)

                            Reckless Burning 1 (RCW 9A.48.040)

                            Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                            Theft 2 (RCW 9A.56.040)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                            Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                            Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                            Vehicle Prowl 1 (RCW 9A.52.095)


          NEW SECTION. Sec. 6. Sections 1 through 3 of this act constitute a new chapter in Title 69 RCW.


          NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.


          NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


          Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 23, 2000

SSB 6260            Prime Sponsor, Committee on Senate Judiciary: Increasing penalties for manufacturing a controlled substance when children are present. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 24, 2000

ESSB 6264          Prime Sponsor, Committee on Senate Transportation: Establishing intermediate drivers' licenses. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. The legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes.


          NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

          (1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least sixteen years of age and:

          (a) Have possessed a valid instruction permit for a period of not less than six months;

          (b) Have passed a driver licensing examination administered by the department;

          (c) Have passed a course of driver's education in accordance with the standards established in RCW 46.20.100;

          (d) Present certification by his or her parent, guardian, or employer to the department stating (i) that the applicant has had at least fifty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license;

          (e) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and

          (f) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.

          (2) For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of age, whichever occurs first, the holder of the license may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the holder's immediate family as defined in RCW 42.17.020. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of twenty who are not members of the holder's immediate family.

          (3) The holder of an intermediate license may not operate a motor vehicle between the hours of 12 a.m. and 5 a.m. except when the holder is accompanied by a parent, guardian, or a licensed driver who is at least twenty-five years of age.

          (4) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.

          (5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.

          (6) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes.


          NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:

          If a person issued an intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under section 2 of this act:

          (1) On the first such conviction or finding:

          (a) The department shall mail the parent or guardian of the person a letter warning the person of the provisions of this section; and

          (b) If the intermediate licensee is found to have committed a traffic infraction, the court shall waive the monetary penalty as allowed under RCW 46.63.110(7) and direct the licensee to take two additional hours of behind-the-wheel driver training from a licensed driver training school at the licensee's expense;

          (2) On the second such conviction or finding, the department shall suspend the person's intermediate driver's license for a period of six months or until the person reaches eighteen years of age, whichever occurs first;

          (3) On the third such conviction or finding, the department shall suspend the person's intermediate driver's license until the person reaches eighteen years of age.

          For the purposes of this section, a single ticket for one or more traffic offenses constitutes a single traffic offense.


          Sec. 4. RCW 46.20.091 and 1999 c 6 s 14 are each amended to read as follows:

          (1) Application. In order to apply for a driver's license or instruction permit the applicant must provide his or her:

          (a) Name of record, as established by documentation required under RCW 46.20.035;

          (b) Date of birth, as established by satisfactory evidence of age;

          (c) Sex;

          (d) Washington residence address;

          (e) Description;

          (f) Driving licensing history, including:

          (i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or

          (ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; and

          (g) Any additional information required by the department.

          (2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The form must include a section for the applicant to indicate whether he or she has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.

          (3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.

          (4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.


          Sec. 5. RCW 46.20.105 and 1987 c 463 s 3 are each amended to read as follows:

          (1) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.

          (2) An instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.

          (3) An intermediate license must be identified as an "intermediate license" and issued in a distinctive form as determined by the department.


          Sec. 6. RCW 46.20.161 and 1999 c 308 s 2 are each amended to read as follows:

          The department, upon receipt of a fee of twenty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be five dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. A driver's license issued to a person under the age of eighteen is an intermediate license, subject to the restrictions imposed under section 2 of this act, until the person reaches the age of eighteen. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.


          Sec. 7. RCW 46.20.311 and 1998 c 212 s 1 are each amended to read as follows:

          (1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under section 3 of this act, RCW 46.20.342, or other provision of law. Except for a suspension under section 3 of this act, RCW 46.20.289, 46.20.291(5), or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.

          (b)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.

          (ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.

          (2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.

          (b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.

          (ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified.

          (c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

          (3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.

          (b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars.


          Sec. 8. RCW 46.20.342 and 1999 c 274 s 3 are each amended to read as follows:

          (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.

          (a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

          (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:

          (i) A conviction of a felony in the commission of which a motor vehicle was used;

          (ii) A previous conviction under this section;

          (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

          (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license;

          (v) A conviction of RCW ((46.20.420)) 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

          (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

          (viii) A conviction of RCW 46.61.500, relating to reckless driving;

          (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

          (x) A conviction of RCW 46.61.520, relating to vehicular homicide;

          (xi) A conviction of RCW 46.61.522, relating to vehicular assault;

          (xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

          (xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

          (xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

          (xv) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

          (xvi) An administrative action taken by the department under chapter 46.20 RCW; or

          (xvii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.

          (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, ((or)) (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under section 3 of this act relating to intermediate drivers' licenses, or any combination of (i) through (((vi))) (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

          (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:

          (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

          (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

          (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1) (a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.


          Sec. 9. RCW 28A.220.030 and 1979 c 158 s 196 are each amended to read as follows:

          (1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective state-wide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.

          (2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.

          (3) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.

          (4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.


          Sec. 10. RCW 28A.220.040 and 1984 c 258 s 331 are each amended to read as follows:

          (1) Each school district shall be reimbursed from funds appropriated for traffic safety education((: PROVIDED, That)).

          (a) The state superintendent shall determine the per-pupil reimbursement amount for the traffic safety education course to be funded by the state. Each school district offering an approved standard traffic safety education course shall be reimbursed or granted an amount up to the level established by the superintendent of public instruction as may be appropriated.

          (b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of RCW 28A.220.030(4).

          (2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be paid by any duly enrolled student in any such school district prior to or while enrolled in a traffic safety education course. Traffic safety education fees collected by a school district shall be deposited with the county treasurer to the credit of such school district, to be used to pay costs of the traffic safety education course.


          NEW SECTION. Sec. 11. A new section is added to chapter 28A.220 RCW to read as follows:

          The superintendent of public instruction, in consultation with the department of licensing, shall adopt rules for implementing section 2(1)(d) of this act.


          Sec. 1. RCW 46.63.110 and 1997 c 331 s 3 are each amended to read as follows:

          (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

          (2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

          (3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

          (4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

          (5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.

          (6) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040.

          (7) If an intermediate licensee is found to have committed a traffic infraction, and it is the licensee's first such violation, the court shall waive the monetary penalty, except for the fee required under subsection (6) of this section and order the licensee to take two additional hours of behind-the-wheel driver training from a licensed driver training school at the licensee's expense.


          NEW SECTION. Sec. 2. A new section is added to chapter 43.131 RCW to read as follows:

          The intermediate driver's license program created by this act shall be reviewed under this chapter before June 30, 2008. The department of licensing, in cooperation with the Washington traffic safety commission, shall provide the information necessary for the joint legislative audit and review committee to provide the required review.


          NEW SECTION. Sec. 3. A new section is added to chapter 43.131 RCW to read as follows:

          The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2009:

          (1) Section 1 of this act;

          (2) Section 2 of this act;

          (3) Section 3 of this act;

          (4) The amendment of RCW 46.20.105 by section 5 of this act;

          (5) The amendment of RCW 46.20.161 by section 6 of this act;

          (6) The amendment of RCW 46.20.311 by section 7 of this act;

          (7) The amendment of RCW 46.20.342 by section 8 of this act;

          (8) Section 11 of this act;

          (9) The amendment of RCW 46.63.110 by section 12 of this act.


          NEW SECTION. Sec. 4. Sections 1 through 10 and 12 of this act take effect July 1, 2001."


          Correct the title.

 

Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Hankins, Republican Vice Chair; Buck; G. Chandler; DeBolt; Fortunato; Haigh; Hurst; Lovick; McDonald; Mielke; Morris; Murray; Ogden; Pflug; Radcliff; Romero; Schindler; Schual-Berke; Scott; Wood and Woods.

 

MINORITY recommendation: Do not pass. Signed by Representatives Ericksen, Republican Vice Chair and Hatfield.


          Voting yea: Representatives Fisher, Mitchell, Cooper, Edwards, Hankins, Buck, G. Chandler, DeBolt, Fortunato, Haigh, Hurst, Lovick, McDonald, Mielke, Morris, Murray, Ogden, Pflug, Radcliff, Romero, Schindler, Schual-Berke, Scott, Skinner, Wood and Woods.

          Voting nay: Representatives Ericksen and Hatfield.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SB 6275               Prime Sponsor, Senator McAuliffe: Providing loans for certain public works projects. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives Alexander, Republican Co-Chair; Murray, Democratic Co-Chair; Edmonds, Democratic Vice Chair; Esser, Republican Vice Chair; Anderson; Barlean; Bush; Constantine; Dunshee; Hankins; Koster; Lantz; Mastin; Miloscia; O'Brien; Ogden; Schoesler and Woods.


          Voting yea: Representatives Alexander, Murray, Edmonds, Esser, Anderson, Barlean, Bush, Constantine, Dunshee, Hankins, Koster, Lantz, Mastin, Miloscia, O'Brien, Ogden, Schoesler and Woods.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SSB 6276            Prime Sponsor, Committee on Senate State & Local Government: Authorizing inclusion of cities and towns within emergency medical service districts. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


          Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSB 6277          Prime Sponsor, Committee on Senate Environmental Quality & Water Resources: Authorizing cost-reimbursement agreements for leases and environmental permits. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. INTENT. It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary negotiation of cost-reimbursement agreements with the permitting agency. It is the further intent of the legislature that cost-reimbursement agreements for complex projects free permitting agency resources to focus on the review of small projects permits.


          NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:

          COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF ECOLOGY. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

          (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

          (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.


          NEW SECTION. Sec. 3. A new section is added to chapter 43.30 RCW to read as follows:

          COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF NATURAL RESOURCES. (1) The department may enter into a written cost-reimbursement agreement with a permit or lease applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit or lease processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW. An applicant for a lease issued under chapter 79.90 RCW may not enter into a cost-reimbursement agreement under this section for projects conducted under the lease.

          (2) The written cost-reimbursement agreement shall be negotiated with the permit or lease applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit or lease. The department shall make an estimate of the number of permanent staff hours to process the permits or leases, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits or leases not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

          (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.


          NEW SECTION. Sec. 4. A new section is added to chapter 43.70 RCW to read as follows:

          COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF HEALTH. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.

The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

          (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

          (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.


          NEW SECTION. Sec. 5. A new section is added to chapter 43.300 RCW to read as follows:

          COST-REIMBURSEMENT AGREEMENT BY THE DEPARTMENT OF FISH AND WILDLIFE. (1) The department may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

          (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.

          (3) The department may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.


          NEW SECTION. Sec. 6. A new section is added to chapter 70.94 RCW to read as follows:

          COST-REIMBURSEMENT AGREEMENT BY AN AIR POLLUTION CONTROL AUTHORITY. (1) An authority may enter into a written cost-reimbursement agreement with a permit applicant for a complex project to recover from the applicant the reasonable costs incurred by the authority in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs, and schedule for work to be conducted under the agreement. For purposes of this section, a complex project is a project for which an environmental impact statement is required under chapter 43.21C RCW.

          (2) The written cost-reimbursement agreement shall be negotiated with the permit applicant. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the air pollution control authority to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The air pollution control authority may also use funds provided under a cost-reimbursement agreement to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The air pollution control authority shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement agreements. The air pollution control authority may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The provisions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement. Members of the air pollution control authority's board of directors shall be considered as state officers, and employees of the air pollution control authority shall be considered as state employees, for the sole purpose of applying the restrictions of chapter 42.52 RCW to this section.

          (3) An air pollution control authority may not enter into any new cost-reimbursement agreements on or after July 1, 2005. The department may continue to administer any cost-reimbursement agreement which was entered into before July 1, 2005, until the project is completed.


          NEW SECTION. Sec. 7. A new section is added to chapter 90.44 RCW to read as follows:

          Any applicant for a new withdrawal or a change, transfer, or amendment of a water right pending before the department, may initiate a cost-reimbursement agreement with the department to provide expedited review of the application. A cost-reimbursement agreement may only be initiated under this section if the applicant agrees to pay for, or as part of a cooperative effort agrees to pay for, the cost of processing his or her application and all other applications from the same source of supply which must be acted upon before the applicant's request because they were filed prior to the date of when the applicant filed. The department shall use the process established under section 2 of this act for entering into cost-reimbursement agreements, except that it is not necessary for an environmental impact statement to be filed as a prerequisite for entering into a cost-reimbursement agreement under this section.


          NEW SECTION. Sec. 8. Captions used in this act are not any part of the law.


          NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


          Correct the title.

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Grant; Reardon; Schoesler; Stensen; Sump and Wood.


          Voting yea: Representatives G. Chandler, Linville, Cooper, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Reardon, Schoesler, Stensen, Sump and Wood.


          Passed to Rules Committee for Second Reading.


February 22, 2000

SB 6285               Prime Sponsor, Senator Hargrove: Establishing Pearl Harbor remembrance day. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.


          Voting yea: Representatives McMorris, Romero, Campbell, Miloscia, Dunshee, Haigh, Lambert and Schmidt.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSB 6295          Prime Sponsor, Committee on Senate Judiciary: Changing garnishment proceedings. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSB 6305          Prime Sponsor, Committee on Senate Human Services & Corrections: Changing provisions relating to guardians ad litem. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 11.88.090 and 1999 c 360 s 1 are each amended to read as follows:

          (1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180 shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

          (2) Prior to the appointment of a guardian or a limited guardian, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of the alleged incapacitated person or the guardian ad litem, or subsequent to such appointment, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of any interested person, the court may:

          (a) Require any party or other person subject to the jurisdiction of the court to participate in mediation;

          (b) Establish the terms of the mediation; and

          (c) Allocate the cost of the mediation pursuant to RCW 11.96.140.

          (3) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

          (a) Be free of influence from anyone interested in the result of the proceeding; and

          (b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

          The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including: His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad litem and all parties. If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal. If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.

          No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (5) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

          (4)(a) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian ad litem a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

          (b) To be eligible for the registry a person shall:

          (i) Present a written statement outlining his or her background and qualifications. The background statement shall include, but is not limited to, the following information:

          (A) Level of formal education;

          (B) Training related to the guardian ad litem's duties;

          (C) Number of years' experience as a guardian ad litem;

          (D) Number of appointments as a guardian ad litem and the county or counties of appointment;

          (E) Criminal history, as defined in RCW 9.94A.030; and

          (F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

          The written statement of qualifications shall include ((a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem)) the names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and

          (ii) Complete the ((model)) training ((program)) as described in (((d))) (e) of this subsection. The training is not applicable to guardians ad litem appointed pursuant to special proceeding Rule 98.16W.

          (c) Superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.

          (d) The background and qualification information shall be updated annually.

          (((d))) (e) The department of social and health services shall convene an advisory group to develop a model guardian ad litem training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence, aging, legal, court administration, the Washington state bar association, and other interested parties.

          (((e))) (f) The superior court shall require utilization of the model program developed by the advisory group as described in (((d))) (e) of this subsection, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem.

          (5) The guardian ad litem appointed pursuant to this section shall have the following duties:

          (a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

          (b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

          (c) To meet with the person whose appointment is sought as guardian or limited guardian and ascertain:

          (i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

          (ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

          (d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

          (e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, ((or)) durable powers of attorney, or blocked accounts; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

          (f) To provide the court with a written report which shall include the following:

          (i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

          (ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

          (iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

          (iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

          (v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

          (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

          (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

          (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; and

          (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition.

          Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

          (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.

          (6) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to subsection (5)(f) of this section.

          (7) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

          (8) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

          (9) The court-appointed guardian ad litem shall have the authority to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.

          (10) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That ((if no guardian or limited guardian is appointed)) the court may charge such fee to the petitioner ((or)), the alleged incapacitated person, or ((divide)) any person who has appeared in the action; or may allocate the fee, as it deems just((; and)). If the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.

          (11) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

          (12) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.

          (13) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.


          Sec. 2. RCW 13.34.100 and 1996 c 249 s 13 are each amended to read as follows:

          (1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings.

          (2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.

          (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

          (a) Level of formal education;

          (b) Training related to the guardian's duties;

          (c) Number of years' experience as a guardian ad litem;

          (d) Number of appointments as a guardian ad litem and the county or counties of appointment; ((and))

          (e) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and

          (f) Criminal history, as defined in RCW 9.94A.030.

          The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

          Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

          (4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.

          (5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.

          (6) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.

          (7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to RCW 13.34.100 shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.

          (8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.


          Sec. 3. RCW 13.34.102 and 1997 c 41 s 6 are each amended to read as follows:

          (1) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an)) comply with alternative ((curriculum)) training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

          (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

          (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

          (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

          (d) The superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.

          (3) The rotational registry system shall not apply to court-appointed special advocate programs.


          Sec. 4. RCW 13.34.105 and 1999 c 390 s 2 are each amended to read as follows:

          (1) Unless otherwise directed by the court, the duties of the guardian ad litem include but are not limited to the following:

          (a) To ((represent)) investigate, collect relevant information about the child's situation, and ((be an advocate for)) report to the court factual information regarding the best interests of the child;

          (b) ((To collect relevant information about the child's situation;

          (c))) To monitor all court orders for compliance and to bring to the court's attention any change in circumstances that may require a modification of the court's order; ((and

          (d))) (c) To report to the court information on the legal status of a child's membership in any Indian tribe or band;

          (d) Court-appointed special advocates and guardians ad litem may make recommendations based upon an independent investigation regarding the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties; and

          (e) To represent and be an advocate for the best interests of the child.

          (2) ((The)) A guardian ad litem shall be deemed an officer of the court for the purpose of immunity from civil liability.

          (3) Except for information or records specified in RCW 13.50.100(5), the guardian ad litem shall have access to all information available to the state or agency on the case. Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the guardian ad litem to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.

          (4) A guardian ad litem may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.

          (5) The guardian ad litem shall release case information in accordance with the provisions of RCW 13.50.100.


          Sec. 5. RCW 13.34.120 and 1998 c 328 s 4 are each amended to read as follows:

          (1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. A parent may submit a counselor's or health care provider's evaluation of the parent, which shall either be included in the social study or considered in conjunction with the social study. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.

          (2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(4) (b) or (c) shall contain the following information:

          (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

          (b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify services chosen and approved by the parent;

          (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

          (d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;

          (e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and

          (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

          (3)(a) The guardian ad litem or court-appointed special advocate shall file his or her report with the court and with the parties pursuant to court rule prior to a hearing for which a report is required. The report shall include a written list of persons interviewed and reports or documentation considered. If the report makes particular recommendations, the report shall include specific information on which the guardian ad litem or court-appointed special advocate relied in making each particular recommendation.

          (b) The parties to the proceeding may file written responses to the guardian ad litem's or court-appointed special advocate's report with the court and deliver such responses to the other parties at a reasonable time or pursuant to court rule before the hearing. The court shall consider any written responses to the guardian ad litem's or court-appointed special advocate's report, including any factual information or recommendations provided in the report.


          Sec. 6. RCW 26.12.175 and 1996 c 249 s 15 are each amended to read as follows:

          (1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.

          (b) Unless otherwise ordered, the guardian ad litem's role is to investigate and report factual information to the court concerning parenting arrangements for the child, and to represent the child's best interests. Guardians ad litem and investigators under this title may make recommendations based upon an independent investigation regarding the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties. If a child expresses a preference regarding the parenting plan, the guardian ad litem shall report the preferences to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child's understanding. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.

          (c) The parties to the proceeding may file with the court written responses to any report filed by the guardian ad litem or investigator. The court shall consider any written responses to a report filed by the guardian ad litem or investigator, including any factual information or recommendations provided in the report.

          (d) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

          (2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.

          (b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.

          (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

          (a) Level of formal education;

          (b) Training related to the guardian's duties;

          (c) Number of years' experience as a guardian ad litem;

          (d) Number of appointments as a guardian ad litem and county or counties of appointment; ((and))

          (e) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and

          (f) Criminal history, as defined in RCW 9.94A.030.

          The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.

          Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing: His or her training relating to the duties as a guardian ad litem; the name of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

          (4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.


          Sec. 7. RCW 26.12.177 and 1997 c 41 s 7 are each amended to read as follows:

          (1) All guardians ad litem((, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998,)) and investigators appointed under this title must ((complete the curriculum developed by the office of the administrator for the courts)) comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates ((accepted into a volunteer program after January 1, 1998,)) may ((complete an)) comply with alternative ((curriculum)) training requirements approved by the office of the administrator for the courts that meet((s)) or exceed((s)) the state-wide ((curriculum)) requirements.

          (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem and investigators under this title. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem and investigators under this title shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

          (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

          (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

          (d) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services' division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only.

          (e) The superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.

          (3) The rotational registry system shall not apply to court-appointed special advocate programs.


          NEW SECTION. Sec. 8. A new section is added to chapter 26.12 RCW to read as follows:

          All information, records, and reports obtained or created by a guardian ad litem, court-appointed special advocate, or investigator under this title shall be discoverable pursuant to statute and court rule. The guardian ad litem, court-appointed special advocate, or investigator shall not release private or confidential information to any nonparty except pursuant to a court order signed by a judge. The guardian ad litem, court-appointed special advocate, or investigator may share private or confidential information with experts or staff he or she has retained as necessary to perform the duties of guardian ad litem, court-appointed special advocate, or investigator. Any expert or staff retained are subject to the confidentiality rules governing the guardian ad litem, court-appointed special advocate, or investigator. Nothing in this section shall be interpreted to authorize disclosure of guardian ad litem records in personal injury actions.


          Sec. 9. RCW 26.12.185 and 1999 c 390 s 4 are each amended to read as follows:

          A guardian ad litem, court-appointed special advocate, or investigator under this title appointed under this chapter may release confidential information, records, and reports to the office of the family and children's ombudsman for the purposes of carrying out its duties under chapter 43.06A RCW.


          NEW SECTION. Sec. 10. A new section is added to chapter 11.88 RCW to read as follows:

          A guardian ad litem shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.


          NEW SECTION. Sec. 11. A new section is added to chapter 13.34 RCW to read as follows:

          A guardian ad litem or court-appointed special advocate shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or court-appointed special advocate who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.


          NEW SECTION. Sec. 12. A new section is added to chapter 26.12 RCW to read as follows:

          A guardian ad litem, court-appointed special advocate, or investigator shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem, court-appointed special advocate, or investigator who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.


          NEW SECTION. Sec. 13. A new section is added to chapter 11.88 RCW to read as follows:

          The court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.


          NEW SECTION. Sec. 14. A new section is added to chapter 13.34 RCW to read as follows:

          The court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.


          NEW SECTION. Sec. 15. A new section is added to chapter 26.12 RCW to read as follows:

          The court shall specify the hourly rate the guardian ad litem or investigator under this title may charge for his or her services, and shall specify the maximum amount the guardian ad litem or investigator under this title may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.


          NEW SECTION. Sec. 16. Each superior court shall adopt rules establishing and governing procedures for filing, investigating, and adjudicating grievances made by or against guardians ad litem under Titles 11, 13, and 26 RCW."


          Correct the title.

 

Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SSB 6336            Prime Sponsor, Committee on Senate Human Services & Corrections: Eliminating retroactive tolling provisions for restitution/legal financial obligations and allowing tolling for other forms of supervision. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 9.94A.120 and 1999 c 324 s 2, 1999 c 197 s 4, 1999 c 196 s 5, and 1999 c 147 s 3 are each reenacted and amended to read as follows:

          When a person is convicted of a felony, the court shall impose punishment as provided in this section.

          (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

          (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

          (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

          (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (((5), (7), or)) (6), (8), or (9), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.150(4).

          (5)(a) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include a term of community supervision or community custody as specified in (b) of this subsection, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

          (i) Devote time to a specific employment or occupation;

          (ii) Undergo available outpatient treatment for up to the period specified in (b) of this subsection, or inpatient treatment not to exceed the standard range of confinement for that offense;

          (iii) Pursue a prescribed, secular course of study or vocational training;

          (iv) Remain within prescribed geographical boundaries and notify the community corrections officer prior to any change in the offender's address or employment;

          (v) Report as directed to a community corrections officer; or

          (vi) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

          (b) The terms and statuses applicable to sentences under (a) of this subsection are:

          (i) For sentences imposed on or after July 25, 1999, for crimes committed before July 1, 2000, up to one year of community supervision. If treatment is ordered, the period of community supervision may include up to the period of treatment, but shall not exceed two years; and

          (ii) For crimes committed on or after July 1, 2000, up to one year of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed two years. Any term of community custody imposed under this subsection (5) is subject to conditions and sanctions as authorized in this subsection (5) and in subsection (11)(b) and (c) of this section.

          (c) The department shall discharge from community supervision any offender sentenced under this subsection (5) before July 25, 1999, who has served at least one year of community supervision and has completed any treatment ordered by the court.

          (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

          (i) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

          (ii) The offender has no current or prior convictions for a sex offense or violent offense in this state, another state, or the United States;

          (iii) For a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance; and

          (iv) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order.

          (b) If the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections.

          The court shall also impose:

          (i) The remainder of the midpoint of the standard range as a term of community custody which must include appropriate substance abuse treatment in a program that has been approved by the division of alcohol and substance abuse of the department of social and health services;

          (ii) Crime-related prohibitions including a condition not to use illegal controlled substances; and

          (iii) A requirement to submit to urinalysis or other testing to monitor that status.

          The court may prohibit the offender from using alcohol or controlled substances and may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

          (A) Devote time to a specific employment or training;

          (B) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

          (C) Report as directed to a community corrections officer;

          (D) Pay all court-ordered legal financial obligations;

          (E) Perform community service work;

          (F) Stay out of areas designated by the sentencing judge;

          (G) Such other conditions as the court may require such as affirmative conditions.

          (c) If the offender violates any of the sentence conditions in (b) of this subsection, a violation hearing shall be held by the department unless waived by the offender. If the department finds that conditions have been willfully violated, the offender may be reclassified to serve the remaining balance of the original sentence.

          (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

          (e) An offender who fails to complete the special drug offender sentencing alternative program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time. An offender who violates any conditions of supervision as defined by the department shall be sanctioned. Sanctions may include, but are not limited to, reclassifying the offender to serve the unexpired term of his or her sentence as ordered by the sentencing judge. If an offender is reclassified to serve the unexpired term of his or her sentence, the offender shall be subject to all rules relating to earned early release time.

          (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community service work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in subsection (11)(b) and (c) of this section; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

          (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

          The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social 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 defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

          (A) Frequency and type of contact between offender and therapist;

          (B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

          (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

          (D) Anticipated length of treatment; and

          (E) 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.

          (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

          (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section;

          (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

          (I) Devote time to a specific employment or occupation;

          (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

          (III) Report as directed to the court and a community corrections officer;

          (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

          (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and

          (C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned release time while serving a suspended sentence.

          (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

          (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

          (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

          (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

          (vii) Except as provided in (a)(viii) of this subsection, 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.

          (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) 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 (8) and the rules adopted by the department of health.

          (ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

          (x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

          (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

          Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

          (i) Devote time to a specific employment or occupation;

          (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

          (iii) Report as directed to the court and a community corrections officer;

          (iv) Undergo available outpatient treatment.

          If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

          Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

          (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

          (d) Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release plans, to reduce risk to the community after sex offenders' terms of confinement in the custody of the department.

          (9)(a)(i) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, but before July 25, 1999, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

          (ii) Except for persons sentenced under (b) of this subsection or subsection (10)(a) of this section, when a court sentences a person to a term of total confinement to the custody of the department of corrections for a violent offense, any crime against a person under RCW 9.94A.440(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences the offender under this subsection (9)(a)(ii) to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

          (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, or a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, but before July 1, 2000, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

          (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

          (ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

          (iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

          (iv) The offender shall pay supervision fees as determined by the department of corrections;

          (v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

          (vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

          (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

          (i) The offender shall remain within, or outside of, a specified geographical boundary;

          (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

          (iii) The offender shall participate in crime-related treatment or counseling services;

          (iv) The offender shall not consume alcohol;

          (v) The offender shall comply with any crime-related prohibitions; or

          (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

          (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

          (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, but before July 1, 2000, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2).

          (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section.

          (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

          (11)(a) When a court sentences a person to the custody of the department of corrections for a sex offense, a violent offense, any crime against a person under RCW 9.94A.440(2), or a felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community custody range or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2).

          (b) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in subsection (9)(b)(i) through (vi) of this section. The conditions may also include those provided for in subsection (9)(c)(i) through (vi) of this section. The court may also order the offender to participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community, and the department shall enforce such conditions pursuant to (f) of this subsection. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.

          (c) If an offender violates conditions imposed by the court or the department pursuant to this subsection during community custody, the department may transfer the offender to a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.205 and 9.94A.207.

          (d) Except for terms of community custody under subsection (8) of this section, the department shall discharge the offender from community custody on a date determined by the department, which the department may modify, based on risk and performance of the offender, within the range or at the end of the period of earned release, whichever is later.

          (e) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040. If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.

          (f) Within the funds available for community custody, the department shall determine conditions and duration of community custody on the basis of risk to community safety, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection (11)(f).

          (g) By the close of the next business day after receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect unless the reviewing officer finds that it is not reasonably related to any of the following: (i) The crime of conviction; (ii) the offender's risk of reoffending; or (iii) the safety of the community.

          (12) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

          (13)(a) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit.

          (b) For an offense committed prior to July 1, 2000, the offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement, whichever period ends later. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period.

          (c) For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The department of corrections shall supervise the offender's compliance with payment of the legal financial obligations for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement, whichever period ends later. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction.

          (d) Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

          (14) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

          (15) All offenders sentenced to terms involving community supervision, community service, community placement, community custody, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

          (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

          (b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may additionally require the offender to participate in rehabilitative programs or otherwise perform affirmative conduct, and to obey all laws.

          The conditions authorized under this subsection (15)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) or (11) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) or (11)(e) of this section.

          The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

          (16) All offenders sentenced to terms involving community supervision, community service, community custody, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

          (17) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

          (18) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

          (19) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

          (20) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

          (21) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

          (22) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

          (23) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.

          (24) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may, as part of any term of community supervision, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

          (25)(a) Sex offender examinations and treatment ordered as a special condition of community placement or community custody under this section shall be conducted only by sex offender treatment providers certified by the department of health under chapter 18.155 RCW unless the court finds that: (i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (ii) no certified providers are available for treatment within a reasonable geographic distance of the offender's home, as determined in rules adopted by the secretary; (iii) the evaluation and treatment plan comply with the rules adopted by the department of health; or (iv) the treatment provider is employed by the department. A treatment provider selected by an offender who is not certified by the department of health shall consult with a certified provider during the offender's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified provider.

          (b) A sex offender's failure to participate in treatment required as a condition of community placement or community custody is a violation that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home.


          Sec. 2. RCW 9.94A.142 and 1997 c 121 s 4 and 1997 c 52 s 2 are each reenacted and amended to read as follows:

          (1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days except as provided in subsection (4) of this section. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. Except as provided in subsection (3) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period ((is longer)) ends later. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000, the offender shall remain under the court's jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence concerning restitution may be modified as to amount, terms, and conditions during ((either the initial ten-year period or subsequent ten-year period if the criminal judgment is extended)) any period of time the offender remains under the court's jurisdiction, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department of corrections for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. ((If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period)) The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction.

          (2) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (3) of this section unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, 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 are not prosecuted pursuant to a plea agreement.

          (3) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a civil superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The defendant shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the defendant has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.

          (4) Regardless of the provisions of subsections (1), (2), and (3) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the judgment and sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

          (5) In addition to any sentence that may be imposed, a defendant who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

          (6) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant including support enforcement remedies for support ordered under subsection (3) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.

          (7) This section shall apply to offenses committed after July 1, 1985.


          Sec. 3. RCW 9.94A.145 and 1999 c 196 s 6 are each amended to read as follows:

          (1) Whenever a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount. Upon receipt of an offender's monthly payment, after restitution is satisfied, the county clerk shall distribute the payment proportionally among all other fines, costs, and assessments imposed, unless otherwise ordered by the court.

          (2) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ordered by the court. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department of corrections.

          (3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be immediately issued. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.

          If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.

          (4) All legal financial obligations that are ordered as a result of a conviction for a felony, may also be enforced in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. If restitution is ordered pursuant to RCW 9.94A.140(3) or 9.94A.142(3) to a victim of rape of a child and the victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.140(3) and 9.94A.142(3). All other legal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period ((is longer)) ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments. ((If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period)) All other legal financial obligations for an offense committed on or after July 1, 2000, may be enforced at any time the offender remains under the court's jurisdiction. The department of corrections shall supervise the offender's compliance with payment of the legal financial obligations for ten years following the entry of the judgment and sentence, or ten years following the offender's release from total confinement, whichever period ends later. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation.

          (5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to truthfully and honestly respond to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring any and all documents as requested by the department.

          (6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.

          (7) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. Also, during the period of supervision, the offender may be required at the request of the department to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to truthfully and honestly respond to all questions concerning earning capabilities and the location and nature of all property or financial assets. Also, the offender is required to bring any and all documents as requested by the department in order to prepare the collection schedule.

          (8) After the judgment and sentence or payment order is entered, the department shall for any period of supervision be authorized to collect the legal financial obligation from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purposes of disbursements. The department is authorized to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.

          (9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.2001.

          (10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties as provided in RCW 9.94A.200 for noncompliance.

          (11) The county clerk shall provide the department with individualized monthly billings for each offender with an unsatisfied legal financial obligation and shall provide the department with notice of payments by such offenders no less frequently than weekly.

          (12) The department may arrange for the collection of unpaid legal financial obligations through the county clerk, or through another entity if the clerk does not assume responsibility for collection. The costs for collection services shall be paid by the offender.


          Sec. 4. RCW 9.94A.170 and 1999 c 196 s 7 and 1999 c 143 s 14 are each reenacted and amended to read as follows:

          (1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender has absented himself or herself from confinement without the prior approval of the entity in whose custody the offender has been placed. A term of partial confinement shall be tolled during any period of time spent in total confinement pursuant to a new conviction or pursuant to sanctions for violation of sentence conditions on a separate felony conviction.

          (2) ((A)) Any term of community custody ((ordered in a sentence pursuant to this chapter)), community placement, or community supervision shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose ((community custody)) supervision the offender has been placed.

          (3) Any period of community custody, community placement, or community supervision shall be tolled during any period of time the offender is in confinement for any reason. However, if an offender is detained pursuant to RCW 9.94A.207 or 9.94A.195 and is later found not to have violated a condition or requirement of community custody, community placement, or community supervision, time spent in confinement due to such detention shall not toll the period of community custody, community placement, or community supervision.

          (4) For terms of confinement or community custody ((sentences)), community placement, or community supervision, the date for the tolling of the sentence shall be established by the entity responsible for the confinement or ((community custody)) supervision.


          Sec. 5. RCW 10.82.090 and 1995 c 291 s 7 are each amended to read as follows:

          (1) Except as provided in subsection (2) of this section, financial obligations imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments. All nonrestitution interest retained by the court shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.

          (2) With respect to financial obligations imposed for offenses committed on or after July 1, 2000, interest shall not accrue during any period of time the offender is in total confinement in a state correctional institution as defined in RCW 9.94.049, an institution operated or utilized by the department of corrections, an out-of-state correctional institution, or a federal correctional institution.


          NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


          NEW SECTION. Sec. 7. Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


          Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SSB 6349            Prime Sponsor, Committee on Senate Environmental Quality & Water Resources: Extending the expiration date of the water well delegation program. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Schoesler; Stensen; Sump and Wood.


          Voting yea: Representatives G. Chandler, Linville, Cooper, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Reardon, Schoesler, Stensen, Sump and Wood.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6351            Prime Sponsor, Committee on Senate Judiciary: Providing additional authority for superior court commissioners. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Lambert, Republican Vice Chair; Cox; Esser; Lovick; McDonald and Schindler.

 

MINORITY recommendation: Do not pass. Signed by Representatives Hurst, Democratic Vice Chair; Dickerson; Kastama and Lantz.


          Voting yea: Representatives Carrell, Constantine, Lambert, Cox, Esser, Lovick, McDonald and Schindler.

          Voting nay: Representatives Hurst, Dickerson, Kastama and Lantz.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SSB 6361            Prime Sponsor, Committee on Senate Human Services & Corrections: Protecting children at the state school for the deaf and the state school for the blind from abuse and neglect. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. A new section is added to chapter 72.40 RCW to read as follows:

          The state school for the deaf and the state school for the blind shall promote the personal safety of students and protect the children who attend from child abuse and neglect as defined in RCW 26.44.020.


          NEW SECTION. Sec. 2. A new section is added to chapter 72.40 RCW to read as follows:

          The superintendents of the state school for the deaf and the state school for the blind or their designees shall immediately report to the persons indicated the following events:

          (1) To the child's parent, custodian, or guardian:

          (a) The death of the child;

          (b) Hospitalization of a child in attendance or residence at the school;

          (c) Allegations of child abuse or neglect in which the parent's child in attendance or residence at the school is the alleged victim;

          (d) Allegations of physical or sexual abuse in which the parent's child in attendance or residence at the school is the alleged perpetrator;

          (e) Life-threatening illness;

          (f) The attendance at the school of any child who is a registered sex offender under RCW 9A.44.130 as permitted by RCW 4.24.550.

          (2) Notification to the parent shall be made by the means most likely to be received by the parent. If initial notification is made by telephone, such notification shall be followed by notification in writing within forty-eight hours after the initial oral contact is made.


          NEW SECTION. Sec. 3. A new section is added to chapter 72.40 RCW to read as follows:

          (1) The superintendents of the state school for the deaf and the state school for the blind shall maintain in writing and implement behavior management policies and procedures that accomplish the following:

          (a) Support the child's appropriate social behavior, self-control, and the rights of others;

          (b) Foster dignity and self-respect for the child;

          (c) Reflect the ages and developmental levels of children in care.

          (2) The state school for the deaf and the state school for the blind shall use proactive, positive behavior support techniques to manage potential child behavior problems. These techniques shall include but not be limited to:

          (a) Organization of the physical environment and staffing patterns to reduce factors leading to behavior incidents;

          (b) Intervention before behavior becomes disruptive, in the least invasive and least restrictive manner available;

          (c) Emphasis on verbal deescalation to calm the upset child;

          (d) Redirection strategies to present the child with alternative resolution choices.


          NEW SECTION. Sec. 4. A new section is added to chapter 72.40 RCW to read as follows:

          (1) The state school for the deaf and the state school for the blind shall ensure that all staff, within two months of beginning employment, complete a minimum of fifteen hours of job orientation which shall include, but is not limited to, presentation of the standard operating procedures manual for each school, describing all policies and procedures specific to the school.

          (2) The state school for the deaf and the state school for the blind shall ensure that all new staff receive thirty-two hours of job specific training within ninety days of employment which shall include, but is not limited to, promoting and protecting student personal safety. All staff shall receive thirty-two hours of ongoing training in these areas every two years.


          NEW SECTION. Sec. 5. A new section is added to chapter 72.40 RCW to read as follows:

          The residential program at the state school for the deaf and the state school for the blind shall employ residential staff in sufficient numbers to ensure the physical and emotional needs of the residents are met. Residential staff shall be on duty in sufficient numbers to ensure the safety of the children residing there.

          For purposes of this section, "residential staff" means staff in charge of supervising the day-to-day living situation of the children in the residential portion of the schools.


          NEW SECTION. Sec. 6. A new section is added to chapter 72.40 RCW to read as follows:

          In addition to the powers and duties under RCW 72.40.022 and 72.40.024, the superintendents of the state school for the deaf and the state school for the blind shall:

          (1) Develop written procedures for the supervision of employees and volunteers who have the potential for contact with students. Such procedures shall be designed to prevent child abuse and neglect by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures shall include, but need not be limited to, the following:

          (a) Staffing patterns and the rationale for such;

          (b) Responsibilities of supervisors;

          (c) The method by which staff and volunteers are made aware of the identity of all supervisors, including designated on-site supervisors;

          (d) Provision of written supervisory guidelines to employees and volunteers;

          (e) Periodic supervisory conferences for employees and volunteers; and

          (f) Written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable provisions of the civil service law.

          (2) Develop written procedures for the protection of students when there is reason to believe an incident has occurred which would render a child student an abused or neglected child within the meaning of RCW 26.44.020. Such procedures shall include, but need not be limited to, the following:

          (a) Investigation. Immediately upon notification that a report of child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent shall:

          (i) Preserve any potential evidence through such actions as securing the area where suspected abuse or neglect occurred;

          (ii) Obtain proper and prompt medical evaluation and treatment, as needed, with documentation of any evidence of abuse or neglect; and

          (iii) Provide necessary assistance to the department of social and health services and local law enforcement in their investigations;

          (b) Safety. Upon notification that a report of suspected child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent or his or her designee, with consideration for causing as little disruption as possible to the daily routines of the students, shall evaluate the situation and immediately take appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated, and take such additional action as is necessary to prevent future acts of abuse or neglect. Such action may include:

          (i) Consistent with federal and state law:

          (A) Removing the alleged perpetrator from the school;

          (B) Increasing the degree of supervision of the alleged perpetrator; and

          (C) Initiating appropriate disciplinary action against the alleged perpetrator;

          (ii) Provision of increased training and increased supervision to volunteers and staff pertinent to the prevention and remediation of abuse and neglect;

          (iii) Temporary removal of the students from a program and reassignment of the students within the school, as an emergency measure, if it is determined that there is a risk to the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subsection (2)(b)(iii), from a special education program or service specified in his or her individualized education program, the action shall be reviewed in an individualized education program meeting; and

          (iv) Provision of counseling to the students involved in the report or any other students, as appropriate;

          (c) Corrective action plans. Upon receipt of the results of an investigation by the department of social and health services pursuant to a report of suspected child abuse or neglect, the superintendent, after consideration of any recommendations by the department of social and health services for preventive and remedial action, shall implement a written plan of action designed to assure the continued health and safety of students and to provide for the prevention of future acts of abuse or neglect.


          NEW SECTION. Sec. 7. A new section is added to chapter 72.40 RCW to read as follows:

          In consideration of the needs and circumstances of the program, the state school for the deaf and the state school for the blind shall provide instruction to all students in techniques and procedures which will enable the students to protect themselves from abuse and neglect. Such instruction shall be described in a written plan to be submitted to the board of trustees for review and approval, and shall be:

          (1) Appropriate for the age, individual needs, and particular circumstances of students, including the existence of mental, physical, emotional, or sensory disabilities;

          (2) Provided at different times throughout the year in a manner which will ensure that all students receive such instruction; and

          (3) Provided by individuals who possess appropriate knowledge and training, documentation of which shall be maintained by the school.


          Sec. 8. RCW 72.40.040 and 1993 c 147 s 3 are each amended to read as follows:

          (1) The schools shall be free to residents of the state between the ages of three and twenty-one years, who are blind/visually impaired or deaf/hearing impaired, or with other disabilities where a vision or hearing disability is the major need for services.

          (2) The schools may provide nonresidential services to children ages birth through three who meet the eligibility criteria in this section, subject to available funding.

          (3) Each school shall admit and retain students on a space available basis according to criteria developed and published by each school superintendent in consultation with each board of trustees and school faculty: PROVIDED, That students over the age of twenty-one years, who are otherwise qualified may be retained at the school, if in the discretion of the superintendent in consultation with the faculty they are proper persons to receive further training given at the school and the facilities are adequate for proper care, education, and training.

          (4) The admission and retention criteria developed and published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a student who is an adjudicated sex offender except that the schools shall not admit or retain a student who is an adjudicated level III sex offender as provided in RCW 13.40.217(3).


          Sec. 9. RCW 72.40.050 and 1985 c 378 s 20 are each amended to read as follows:

          (1) The superintendents may admit to their respective schools visually or hearing impaired children from other states as appropriate, but the parents or guardians of such children or other state will be required to pay annually or quarterly in advance a sufficient amount to cover the cost of maintaining and educating such children as set by the applicable superintendent.

          (2) The admission and retention criteria developed and published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a nonresident student who is an adjudicated sex offender, or the equivalent under the laws of the state in which the student resides, except that the schools shall not admit or retain a nonresident student who is an adjudicated level III sex offender or the equivalent under the laws of the state in which the student resides.


          NEW SECTION. Sec. 10. A new section is added to chapter 72.40 RCW to read as follows:

          (1) The schools shall implement a policy for the children who reside at the schools protecting those who are vulnerable to sexual victimization by other children who are sexually aggressive and residing at the schools. The policy shall include, at a minimum, the following elements:

          (a) Development and use of an assessment process for identifying children, within thirty days of beginning residence at the schools, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process need not require that every child who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a child is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the child, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section;

          (b) Development and use of an assessment process for identifying children, within thirty days of beginning residence at the schools, who may be vulnerable to victimization by children identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the child, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability;

          (c) Development and use of placement criteria to avoid assigning children who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as children assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks;

          (d) Development and use of procedures for minimizing, within available funds, unsupervised contact in the residential facilities of the schools between children presenting moderate to high risk of sexually aggressive behavior and children assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any child residing at the schools who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult.

          (2) For the purposes of this section, the following terms have the following meanings:

          (a) "Sleeping quarters" means the bedrooms or other rooms within a residential facility where children are assigned to sleep.

          (b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.


          NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.


          NEW SECTION. Sec. 12. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."


          Correct the title.

 

Signed by Representatives D. Sommers, Republican Co-Chair; Tokuda, Democratic Co-Chair; Boldt, Republican Vice Chair; Kagi, Democratic Vice Chair; Campbell; Carrell; Dickerson; Eickmeyer; Kastama and Pflug.


          Voting yea: Representatives D. Sommers, Tokuda, Boldt, Kagi, Campbell, Carrell, Dickerson, Eickmeyer, Kastama and Pflug.


          Referred to Committee on Appropriations.


February 25, 2000

ESSB 6363          Prime Sponsor, Committee on Senate State & Local Government: Clarifying procedures for absentee voting and mail ballots. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


"PART I

ABSENTEE VOTING


          Sec. 1. RCW 29.36.010 and 1991 c 81 s 29 are each amended to read as follows:

          ABSENTEE BALLOT VOTING. Any registered voter of the state or any out-of-state voter, overseas voter, or service voter may vote by absentee ballot in any general election, special election, or primary in the manner provided in this chapter. Out-of-state voters, overseas voters, and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter.

          (((1) Except as provided in subsections (2) and (3) of this section, in RCW 29.36.013, and in RCW 29.36.170, a registered voter or elector desiring to cast an absentee ballot must request the absentee ballot from his or her county auditor no earlier than forty-five days nor later than the day before any election or primary. Except as provided in subsection (3) of this section and in RCW 29.36.170, the request may be made orally in person, by telephone, or in writing. An application or request for an absentee ballot made under the authority of any federal statute or regulation shall be considered and given the same effect as a request for an absentee ballot under this chapter.

          (2) For any registered voter, a request for an absentee ballot for a primary shall be honored as a request for an absentee ballot for the following general election if the voter so indicates in his or her request. For any out-of-state voter, overseas voter, or service voter, a request for an absentee ballot for a primary election shall also be honored as a request for an absentee ballot for the following general election.

          (3) A voter admitted to a hospital no earlier than five days before a primary or election and confined to the hospital on election day may apply by messenger for an absentee ballot on the day of the primary or election if a signed statement from the hospital administrator, or designee, verifying the voter's date of admission and status as a patient in the hospital on the day of the primary or election is attached to the voter's written application for an absentee ballot.

          (4) In a voter's request for an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter shall state the address of that elector's last residence for voting purposes in the state of Washington and either a written application or the oath on the return envelope shall include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter shall state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify such information from the voter registration records of the county.

          (5) A request for an absentee ballot from a registered voter who is within this state shall be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor. No person, organization, or association may distribute absentee ballot applications within this state that contain any return address other than that of the appropriate county auditor.

          (6) A person may request an absentee ballot for use by the person as a registered voter and may request an absentee ballot on behalf of any member of that person's immediate family who is a registered voter for use by the family member. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, the secretary of state shall adopt rules prescribing the circumstances under which an auditor: May require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested; and may deny a request which is not accompanied by this information.))


          NEW SECTION. Sec. 2. A new section is added to chapter 29.36 RCW to read as follows:

          REQUEST FOR SINGLE ABSENTEE BALLOT. (1) Except as otherwise provided by law, a registered voter or out-of-state voter, overseas voter, or service voter desiring to cast an absentee ballot at a single election or primary must request the absentee ballot from his or her county auditor no earlier than ninety days nor later than the day of the election or primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.

          (2) A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election. A request by an out-of-state voter, overseas voter, or service voter for an absentee ballot for a primary election will be considered as a request for an absentee ballot for the following general election.

          (3) In requesting an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter must include the address of the last residence in the state of Washington and either a written application or the oath on the return envelope must include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter must state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify that information from the voter registration records of the county.

          (4) A request for an absentee ballot from a registered voter who is within this state must be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor. No person, organization, or association may distribute absentee ballot applications within this state that contain a return address other than that of the appropriate county auditor.


          NEW SECTION. Sec. 3. A new section is added to chapter 29.36 RCW to read as follows:

          REQUESTING ABSENTEE BALLOT FOR FAMILY MEMBER. A registered voter may request an absentee ballot on behalf of and for use by a member of his or her immediate family who is also a registered voter. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, the secretary of state shall adopt rules prescribing the circumstances under which an auditor may require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested and under what circumstances the auditor may deny a request that is not accompanied by this information.


          Sec. 4. RCW 29.36.013 and 1999 c 298 s 12 are each amended to read as follows:

          REQUEST FOR ONGOING ABSENTEE VOTER STATUS. Any registered voter may apply, in writing, for status as an ongoing absentee voter. Each qualified applicant shall automatically receive an absentee ballot for each ensuing election or primary for which ((he or she)) the voter is entitled to vote and need not submit a separate request for each election. Ballots received from ongoing absentee voters shall be validated, processed, and tabulated in the same manner as other absentee ballots.

          Status as an ongoing absentee voter shall be terminated upon any of the following events:

          (1) The written request of the voter;

          (2) The death or disqualification of the voter;

          (3) The cancellation of the voter's registration record;

          (4) The return of an ongoing absentee ballot as undeliverable; or

          (5) Upon placing a voter on inactive status under RCW 29.10.071.


          Sec. 5. RCW 29.36.170 and 1991 c 81 s 35 are each amended to read as follows:

          SPECIAL ABSENTEE BALLOT. (1) As provided in this section, county auditors shall provide special absentee ballots to be used for state primary or state general elections. An auditor shall provide a special absentee ballot ((shall)) only ((be provided)) to a registered voter who completes an application stating that((:

          (a) The voter believes that she or he will be residing or stationed or working outside the continental United States; and

          (b) The voter believes that)) she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.

          The application for a special absentee ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot ((shall)) will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.

          (2) With any special absentee ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.

          (3) Write-in votes on special absentee ballots ((shall)) must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under chapters 29.36 and 29.62 RCW.

          (4) A voter who requests a special absentee ballot under this section may also request an absentee ballot under ((RCW 29.36.010)) section 2(4) of this act. If the regular absentee ballot is properly voted and returned, the special absentee ballot ((shall be deemed)) is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.


          Sec. 6. RCW 29.36.030 and 1991 c 81 s 31 are each amended to read as follows:

          ISSUANCE OF ABSENTEE BALLOT. (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status received by the county auditor is complete and correct and the applicant is qualified to vote under federal or state law((, the county auditor shall issue an absentee ballot for the primary or election for which the absentee ballot was requested)). Otherwise, the county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct at a general election held in an even-numbered year, the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot. The ballot must provide space designated for writing in the name of additional candidates.

          ((At each general election in an even-numbered year, each absentee voter shall also be given a separate ballot containing the names of the candidates that have filed for the office of precinct committee officer unless fewer than two candidates have filed for the same political party in the absentee voter's precinct. The ballot shall provide space for writing in the name of additional candidates.

          When mailing an absentee ballot to a registered voter temporarily outside the state or to an out-of-state voter, overseas voter, or service voter, the county auditor shall send a)) (2) The county auditor may issue replacement absentee ballots to a registered voter who both: (a) Requested an absentee ballot before election or primary day or is an ongoing absentee voter; and (b) did not receive the regular absentee ballot or whose regular absentee ballot was damaged, lost, or destroyed. A registered voter may request a replacement absentee ballot in person, by mail, by telephone, or by other electronic transmission for himself or herself and for any member of his or her immediate family. The request must be received by the county auditor before 8:00 p.m. on election or primary day. The county auditor shall maintain a record of each replacement absentee ballot issued, including the date of the request. A replacement absentee ballot may be counted in the final tabulation of ballots only if the original absentee ballot is not received by the county auditor and the replacement absentee ballot meets all requirements for tabulation necessary for the tabulation of regular absentee ballots.

          (3) A copy of the state voters' and candidates' pamphlet must be sent to registered voters temporarily outside the state, out-of-state voters, overseas voters, and service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election. The county auditor shall mail all absentee ballots and related material to voters outside the territorial limits of the United States and the District of Columbia under 39 U.S.C. 3406.


          Sec. 7. RCW 29.36.035 and 1984 c 27 s 2 are each amended to read as follows:

          DELIVERY OF ABSENTEE BALLOT. The delivery of an absentee ballot for any primary or election shall be subject to the following qualifications:

          (1) Only the registered voter((, himself)) personally, or a member of ((his)) the registered voter's immediate family may pick up an absentee ballot for the voter at the office of the issuing officer unless the voter is ((hospitalized)) a resident of a health care facility, as defined by RCW 70.37.020(3), on election day and applies by messenger ((in accordance with RCW 29.36.010)) for an absentee ballot ((on the day of the primary or election)). In this latter case, the messenger may pick up the ((hospitalized)) voter's absentee ballot.

          (2) Except as noted in subsection (1) ((above)) of this section, the issuing officer shall mail or deliver the absentee ballot directly to each applicant.

          (((3) No absentee ballot shall be issued on the day of the primary or election concerned, except as provided by RCW 29.36.010, for a voter confined to a hospital on the day of a primary or election.))


          Sec. 8. RCW 29.36.045 and 1987 c 346 s 12 are each amended to read as follows:

          ENVELOPES AND INSTRUCTIONS. The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The larger return envelope ((shall)) must contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope ((shall)) must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter ((shall)) must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope ((shall)) must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter ((shall)) must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.

          If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.


          NEW SECTION. Sec. 9. A new section is added to chapter 29.36 RCW to read as follows:

          RULES--OBSERVERS. (1) Ballots must be processed in the manner provided by administrative rule adopted by the secretary of state.

          (2) County auditors must request that observers be appointed by the major political parties and be present during the processing of absentee ballots. The absence of the observers will not prevent the processing of absentee ballots if the county auditor has requested their presence.


          Sec. 10. RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:

          PROCESSING ABSENTEE BALLOTS. (1) The opening and subsequent processing of return envelopes for any primary or election may begin on or after the tenth day ((prior to such)) before the primary or election. The opening of the security envelopes and tabulation of absentee ballots ((shall)) must not commence until after 8:00 ((o'clock)) p.m. on the day of the primary or election.

          (2) After opening the return envelopes, the county canvassing board shall place all of the ballot envelopes in containers that can be secured with numbered seals. These sealed containers ((shall)) must be stored in a secure location until after 8:00 ((o'clock)) p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation before sealing the containers.

          (3) Before opening a return envelope that contains the security envelope and absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature ((on each return envelope containing the security envelope and absentee ballot)). They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files ((for that voter)) of the county. For ((absentee)) registered voters ((other than out-of-state voters, overseas voters, and service voters, if the postmark is illegible)) casting absentee ballots, the date on the return envelope to which the voter ((attests shall)) has attested determines the validity, as to the time of voting((, of)) for that absentee ballot ((under this chapter)) if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. For any absentee ((voter)) ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.


          Sec. 11. RCW 29.36.070 and 1990 c 262 s 2 are each amended to read as follows:

          COUNTING ABSENTEE BALLOTS. The absentee ballots ((shall be grouped and counted by)) must be reported at a minimum on a congressional and legislative district ((without regard to)) basis. Absentee ballots may be counted by congressional or legislative basis or by individual precinct, except as required under RCW 29.62.090(2).

          These returns ((shall)) must be added to the total of the votes cast at the polling places.


          Sec. 12. RCW 29.36.075 and 1988 c 181 s 3 are each amended to read as follows:

          CREDIT FOR VOTING. ((In counties that do not tabulate absentee ballots on electronic vote tallying systems, canvassing boards may not tabulate or record votes cast by absentee ballots on any uncontested office except write-in votes for candidates for the office of precinct committeeperson who have filed valid declarations of candidacy under RCW 29.04.180. "Uncontested office" means an office where only one candidate has filed a valid declaration of candidacy either during the regular filing period or as a write-in candidate under RCW 29.04.180.))

          Each registered voter casting an absentee ballot ((shall)) will be credited with voting on his or her voter registration record. Absentee ballots ((shall)) must be retained for the same length of time and in the same manner as ballots cast at the precinct polling places.


          Sec. 13. RCW 29.36.097 and 1991 c 81 s 33 are each amended to read as follows:

          ABSENTEE BALLOT RECORDS. Each county auditor shall maintain in his or her office, open for public inspection and copying, a record of the requests he or she has received for absentee ballots ((under this chapter)) and a listing of all ongoing absentee voters.

          The information from the requests ((shall)) must be recorded and lists of this information ((shall)) must be available no later than ((twenty-four hours)) the next business day after their receipt. Lists of ongoing absentee voters must be available at all times.

          This information about absentee voters ((shall)) requesting ballots will be available according to the date of the requests and by legislative district. It ((shall)) must include the name of each applicant, the address and precinct in which the voter maintains a voting residence, the date on which an absentee ballot was issued to this voter, if applicable, the type of absentee ballot, and the address to which the ballot was or is to be mailed, if applicable.

          The auditor shall make copies of these records available to the public in either paper or electronic format for the actual cost of production or copying.


          Sec. 14. RCW 29.36.100 and 1987 c 346 s 18 are each amended to read as follows:

          CHALLENGED ABSENTEE BALLOTS. The qualifications of any absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed by the canvassing board. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with chapter 29.10 RCW.


          Sec. 15. RCW 29.36.150 and 1993 c 417 s 7 are each amended to read as follows:

          OVERSEAS AND SERVICE VOTERS. ((The secretary of state shall adopt rules to:

          (1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;

          (2) Establish standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;

          (3) Provide uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections; and

          (4) Facilitate the operation of the provisions of this chapter regarding out-of-state voters, overseas voters, and service voters.))

          The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters, and service voters to the county auditors.


          Sec. 16. RCW 29.36.160 and 1994 c 269 s 2 are each amended to read as follows:

          PENALTY. A person who willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot((,)) or unlawfully casts a vote by absentee ballot((, or willfully violates any provision regarding the conduct of mail ballot primaries or elections under RCW 29.36.120 through 29.36.139)) is guilty of a class C felony punishable under RCW 9A.20.021. Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.


PART II

MAIL BALLOTS


          Sec. 17. RCW 29.36.120 and 1994 c 269 s 1 and 1994 c 57 s 48 are each reenacted and amended to read as follows:

          MAIL BALLOT PRECINCTS. (((1) At any primary or election, general or special,)) The county auditor may((, in)) designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29.07.160((, conduct the voting in that precinct by)) as a mail ballot precinct. ((For any precinct having fewer than two hundred active registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each active and inactive registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election. For all subsequent mail ballot elections in that precinct the application is valid so long as the voter remains active and qualified to vote.)) The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 (as recodified by this act) shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29.62.090.

          ((At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.

          In no instance shall any special election be conducted by mail ballot in any precinct with two hundred or more active registered voters if candidates for partisan office are to be voted upon.

          For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each active registered voter a mail ballot and an envelope, preaddressed to the issuing officer.)) As soon as ballots are available, the county auditor shall mail or deliver a ballot and an envelope, preaddressed to the issuing officer, to each active registered voter. The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.

          (((2) For a two-year period beginning on June 9, 1994, and ending two years after June 9, 1994, the county auditor may conduct the voting in any precinct by mail for any primary or election, partisan or nonpartisan, using the procedures set forth in RCW 29.36.120 through 29.36.139.))

          If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.


          Sec. 18. RCW 29.36.121 and 1994 c 57 s 49 are each amended to read as follows:

          MAIL BALLOT SPECIAL ELECTIONS. (((1))) At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the special election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.

          (((2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:

          (a) For any office or ballot measure of a special purpose district which is entirely within the county;

          (b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and

          (c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.

          A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.

          (3))) For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days before the date of such election, mail or deliver to each registered voter a mail ballot ((and an envelope, preaddressed to the issuing officer. The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot)). The auditor shall handle inactive voters in the same manner as inactive voters in mail ballot precincts.

          (((4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.))


          NEW SECTION. Sec. 19. ODD-YEAR PRIMARIES BY MAIL. In an odd-numbered year, the county auditor may conduct a primary or a special election by mail ballot concurrently with the primary:

          (1) For an office or ballot measure of a special purpose district that is entirely within the county;

          (2) For an office or ballot measure of a special purpose district that lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and

          (3) For a ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.

          The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.

          A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.

          To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.


          Sec. 20. RCW 29.36.124 and 1983 1st ex.s. c 71 s 3 are each amended to read as follows:

          DEPOSITING BALLOTS FOR MAIL BALLOT ELECTIONS. (1) If a county auditor conducts an election or primary by mail, the county auditor shall designate ((the county auditor's office or a central location in the district in which the election is conducted as the single place to obtain a replacement ballot. The county auditor also shall designate)) one or more places for the deposit of ballots not returned by mail. The places designated under this section shall be open on the date of the election or primary for a period of thirteen hours, beginning at 7:00 a.m. and ending at 8:00 p.m.

          (2) A registered voter may obtain a replacement mail ballot ((as provided in this subsection)) if the mail ballot is destroyed, ((spoiled)) damaged, lost, or not received by the voter. ((A registered voter seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and shall present the statement to the county auditor no later than the day of the election. Each spoiled ballot must be returned to the county auditor before a new one is issued. The county auditor shall keep a record of each replacement ballot provided under this subsection)) A replacement mail ballot must be handled and counted in the same manner as a replacement absentee ballot.


          Sec. 21. RCW 29.36.126 and 1993 c 417 s 4 are each amended to read as follows:

          RETURN OF VOTED BALLOT BY VOTER. ((Upon receipt of the mail ballot, the voter shall mark it, sign the return identification envelope supplied with the ballot, and comply with the instructions provided with the ballot. The voter may return the marked ballot to the county auditor. The ballot must be returned)) A mail ballot must be returned by mail in the same manner as an absentee ballot or placed in the return identification envelope((. If mailed, a ballot must be postmarked not later than the date of the election. Otherwise, the ballot must be)) and deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the primary or election.


          Sec. 22. RCW 29.36.130 and 1993 c 417 s 5 are each amended to read as follows:

          BALLOT CONTENTS--COUNTING. All mail ballots authorized by RCW 29.36.120 or 29.36.121 ((shall)) (as recodified by this act) or section 19 of this act must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person at the polling place. Except as otherwise provided ((in this chapter)) by law, mail ballots ((shall)) must be ((issued and canvassed)) treated in the same manner as absentee ballots issued ((pursuant to)) at the request of the voter. ((The county canvassing board, at the request of the county auditor, may direct that mail ballots be counted on the day of the election. If such count is made, it must be done in secrecy in the presence of the canvassing board or their authorized representatives and the results not revealed to any unauthorized person until 8:00 p.m. or later if the auditor so directs.)) If electronic vote tallying devices are used, political party observers ((shall be afforded)) must be given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29.33.350 ((prior to the count of)) before tabulating ballots. Political party observers may select at random ballots to be counted manually as provided by RCW 29.54.025. Any violation of the secrecy of ((such)) the count ((shall be)) is subject to the same penalties as provided for in RCW 29.85.225.


          NEW SECTION. Sec. 23. PENALTY. A person who willfully violates any provision of this chapter regarding the conduct of mail ballot primaries or elections is guilty of a class C felony punishable under RCW 9A.20.021.


PART III

MISCELLANEOUS


          Sec. 24. RCW 29.04.055 and 1986 c 167 s 3 are each amended to read as follows:

          COMBINING OR DIVIDING PRECINCTS, ELECTION BOARDS. At any ((election, general or)) special election((,)) or ((at any)) primary, the county auditor may combine, unite, or divide precincts and may combine or unite election boards for the purpose of holding such election. At any general election, the county auditor may combine or unite election boards for the purpose of holding such election, but shall report all election returns by individual precinct.


          Sec. 25. RCW 29.62.090 and 1999 c 298 s 21 are each amended to read as follows:

          ABSTRACT BY ELECTION OFFICER--TRANSMITTAL TO SECRETARY OF STATE. (1) Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against each state measure((s)) and for each candidate or nominee for federal, state, and legislative office ((or)), and for any other office which the secretary of state is required by law to canvass. The abstract shall be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and transmitted to the secretary of state no later than the next business day following the certification by the county canvassing board.

          (2) ((After each general election, the county auditor or other election officer shall provide to the secretary of state a report of the number of absentee ballots cast in each precinct for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The report may be included in the abstract required by this section or may be transmitted to the secretary of state separately, but in no event later than March 31 of the year following the election.)) Absentee ballot results may be incorporated into votes cast at the polls for each precinct or may be reported separately on a precinct-by-precinct basis.

          (((3))) If absentee ballot results are not incorporated into votes cast at the polls, the county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's absentee ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which absentee results are aggregated shall be contiguous.


PART IV

TECHNICAL


          NEW SECTION. Sec. 26. The following acts or parts of acts are each repealed:

          (1) RCW 29.36.122 (Special election by mail--Sending ballots to voters) and 1994 c 57 s 50, 1993 c 417 s 3, & 1983 1st ex.s. c 71 s 2; and

          (2) RCW 29.36.139 (Mail ballots--Counting requirements--Challenge) and 1993 c 417 s 6 & 1983 1st ex.s. c 71 s 6.


          NEW SECTION. Sec. 27. (1) RCW 29.36.010, 29.36.013, 29.36.170, 29.36.030, 29.36.035, 29.36.045, 29.36.060, 29.36.070, 29.36.075, 29.36.097, 29.36.100, 29.36.150, and 29.36.160 are each recodified within chapter 29.36 RCW, in the order shown in this act, along with sections 2, 3, and 9 of this act.

          (2) RCW 29.36.120, 29.36.121, 29.36.124, 29.36.126, and 29.36.130 are each recodified, and, along with sections 19 and 23 of this act, constitute a new chapter in Title 29 RCW.

          (3) RCW 29.36.050 is recodified as a new section in chapter 29.51 RCW.


          NEW SECTION. Sec. 28. Section captions and part headings used in this act are not part of the law."


          Correct the title.

 

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.

 

MINORITY recommendation: Without recommendation. Signed by Representative Campbell, Republican Vice Chair.


          Voting yea: Representatives McMorris, Romero, Miloscia, Dunshee, Haigh, Lambert and Schmidt.

          Voting nay: Representative Campbell.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6366               Prime Sponsor, Senator Brown: Prohibiting false advertising through electronic communication. Reported by Committee on Technology, Telecommunications & Energy

 

MAJORITY recommendation: Do pass. Signed by Representatives Crouse, Republican Co-Chair; Poulsen, Democratic Co-Chair; DeBolt, Republican Vice Chair; Ruderman, Democratic Vice Chair; Bush; Cooper; Delvin; Kastama; McDonald; Mielke; Morris; Reardon; Thomas and Wolfe.


          Voting yea: Representatives Crouse, Poulsen, DeBolt, Ruderman, Bush, Cooper, Delvin, Kastama, McDonald, Mielke, Morris, Reardon, Thomas and Wolfe.


          Passed to Rules Committee for Second Reading.


February 22, 2000

2SSB 6369          Prime Sponsor, Committee on Senate Ways & Means: Ordering a study of law enforcement issues in counties with over 150,000 population. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 25, 2000

SSB 6375            Prime Sponsor, Committee on Senate Human Services & Corrections: Clarifying timelines, information sharing, and evidentiary standards in mental health competency procedures. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


          On page 7, beginning on line 2, after "commence" strike all material through "period" on line 4, and insert "immediately on the day the order is entered"

 

Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.

 

MINORITY recommendation: Without recommendation. Signed by Representative Lambert, Republican Vice Chair.


          Voting yea: Representatives Carrell, Constantine, Hurst, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald, and Schindler.

          Voting nay: Representative Lambert.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6378               Prime Sponsor, Senator Fraser: Extending the tenure of the enhanced 911 advisory committee. Reported by Committee on Technology, Telecommunications & Energy

 

MAJORITY recommendation: Do pass. Signed by Representatives Crouse, Republican Co-Chair; Poulsen, Democratic Co-Chair; DeBolt, Republican Vice Chair; Ruderman, Democratic Vice Chair; Bush; Cooper; Delvin; Kastama; McDonald; Mielke; Morris; Reardon; Thomas and Wolfe.


          Voting yea: Representatives Crouse, Poulsen, DeBolt, Ruderman, Bush, Cooper, Delvin, Kastama, McDonald, Mielke, Morris, Reardon, Thomas and Wolfe.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6382            Prime Sponsor, Committee on Senate Health & Long-Term Care: Protecting dependent persons. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.

February 25, 2000

ESSB 6389          Prime Sponsor, Committee on Senate Human Services & Corrections: Extending juvenile court jurisdiction over permanency planning matters in dependency proceedings. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 23, 2000

E2SSB 6400        Prime Sponsor, Committee on Senate Ways & Means: Changing provisions relating to domestic violence. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. A new section is added to chapter 3.62 RCW to read as follows:

          (1) When any person is found guilty, in any court organized under Title 3 or 35 RCW, of a domestic violence offense as defined in RCW 10.99.020, or of a violation of a similar municipal ordinance, the court shall impose upon the person a penalty assessment in addition to any other penalty or fine imposed or authorized by law. The amount of the penalty assessment shall be five hundred dollars for each case or cause of action that includes one or more convictions of a gross misdemeanor, and two hundred fifty dollars for each case or cause of action that includes one or more convictions of only one or more misdemeanors. The court may not suspend or waive the penalty assessment. The assessment by this subsection shall not be subject to the public safety and education assessment imposed by RCW 3.62.090.

          (2) The court shall remit the assessments imposed and collected under this section to the city treasurer, in the case of a municipal court, or the county treasurer, in the case of a district court. The city or county treasurer shall monthly remit fifty percent of the funds received under this section to the state treasurer for deposit in the public safety and education account. The remaining fifty percent of the funds received under this section shall be retained by the city or county for the purposes of reimbursing the city or county for the costs incurred in implementing chapter ..., Laws of 2000 (this act). Moneys retained by the city or county under this subsection shall constitute reimbursement for the costs of any increased levels of service for the purposes of RCW 43.135.060.


          NEW SECTION. Sec. 2. A new section is added to chapter 26.50 RCW to read as follows:

          The department of social and health services, in its discretion, may seek the relief provided in this chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW 74.34.020. Neither the department nor the state of Washington shall be liable for failure to seek relief on behalf of any persons under this section.


          NEW SECTION. Sec. 3. A new section is added to chapter 74.34 RCW to read as follows:

          (1) An order for protection of a vulnerable adult issued under this chapter which restrains the respondent or another person from committing acts of abuse, prohibits contact with the petitioner, excludes the person from any specified location, or prohibits the person from coming within a specified distance from a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (2) Whenever an order for protection of a vulnerable adult is issued under this chapter, and the respondent or person to be restrained knows of the order, a violation of a provision restraining the person from committing acts of abuse, prohibiting contact with the petitioner, excluding the person from any specified location, or prohibiting the person from coming within a specified distance of a location, shall be punishable under RCW 26.50.110, regardless of whether the person is a family or household member as defined in RCW 26.50.010.


          Sec. 4. RCW 9.94A.220 and 1994 c 271 s 901 are each amended to read as follows:

          (1) When an offender has completed the requirements of the sentence, the secretary of the department or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge.

          (2) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.

          (3) Except as provided in subsection (4) of this section, the discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation.

          (4) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.

          (5) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.


          Sec. 5. RCW 10.31.100 and 1999 c 184 s 14 are each amended to read as follows:

          A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

          (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

          (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) An order has been issued of which the person has knowledge under RCW ((10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115,)) 26.44.063, or chapter 10.99, 26.09, 26.10, 26.26 ((RCW, or chapter)), 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

          (b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or ((of a provision)) excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or

          (c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

          (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

          (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

          (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

          (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

          (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

          (f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.

          (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

          (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW ((88.12.025)) 79A.60.040 shall have the authority to arrest the person.

          (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

          (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

          (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

          (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

          (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

          For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

          (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

          (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.


          Sec. 6. RCW 10.99.020 and 1997 c 338 s 53 are each amended to read as follows:

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

          (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

          (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

          (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

          (a) Assault in the first degree (RCW 9A.36.011);

          (b) Assault in the second degree (RCW 9A.36.021);

          (c) Assault in the third degree (RCW 9A.36.031);

          (d) Assault in the fourth degree (RCW 9A.36.041);

          (e) Drive-by shooting (RCW 9A.36.045);

          (f) Reckless endangerment (RCW 9A.36.050);

          (g) Coercion (RCW 9A.36.070);

          (h) Burglary in the first degree (RCW 9A.52.020);

          (i) Burglary in the second degree (RCW 9A.52.030);

          (j) Criminal trespass in the first degree (RCW 9A.52.070);

          (k) Criminal trespass in the second degree (RCW 9A.52.080);

          (l) Malicious mischief in the first degree (RCW 9A.48.070);

          (m) Malicious mischief in the second degree (RCW 9A.48.080);

          (n) Malicious mischief in the third degree (RCW 9A.48.090);

          (o) Kidnapping in the first degree (RCW 9A.40.020);

          (p) Kidnapping in the second degree (RCW 9A.40.030);

          (q) Unlawful imprisonment (RCW 9A.40.040);

          (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, ((or)) 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or section 3 of this act);

          (s) ((Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050);

          (t))) Rape in the first degree (RCW 9A.44.040);

          (((u))) (t) Rape in the second degree (RCW 9A.44.050);

          (((v))) (u) Residential burglary (RCW 9A.52.025);

          (((w))) (v) Stalking (RCW 9A.46.110); and

          (((x))) (w) Interference with the reporting of domestic violence (RCW 9A.36.150).

          (4) "Victim" means a family or household member who has been subjected to domestic violence.


          Sec. 7. RCW 26.09.050 and 1995 c 93 s 2 are each amended to read as follows:

          (1) 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 RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party.

          (2) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, 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 into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (4) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 8. RCW 26.09.060 and 1995 c 246 s 26 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;

          (c) Going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;

          (d) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

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

          (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

          (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (5) 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.

          (6) 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.

          (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection 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 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)) computer-based criminal intelligence 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.

          (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

          (10) 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 (((10))) (11) 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.

          (((10))) (11) 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. 9. RCW 26.10.040 and 1995 c 93 s 3 are each amended to read as follows:

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

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

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

          (((3))) (c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;

          (((4))) (d) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;

          (((5))) (e) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST((;)).

          (((6))) (2) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, 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 into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (3) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 10. RCW 26.10.115 and 1995 c 246 s 29 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;

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

          (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

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

          (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

          (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (5) 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.

          (6) 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.

          (7) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection 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 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)) computer-based criminal intelligence 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.

          (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

          (10) 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.

          (((10))) (11) 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. 11. RCW 26.26.130 and 1997 c 58 s 947 are each 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 RCW 9.41.800.

          (4) The judgment and order shall contain the social security numbers of all parties to the order.

          (5) 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.

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

          (7) 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.

          (8) 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.

          (9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.

          (10) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party ((or)), from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection 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 into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (12) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 12. RCW 26.26.137 and 1995 c 246 s 32 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) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; ((or))

          (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

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

          (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

          (4) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection 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 into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (6) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

          (7) 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.

          (((7))) (8) 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 RCW 9.41.800.

          (((8))) (9) 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.

          (((9))) (10) 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. 13. RCW 26.44.063 and 1993 c 412 s 15 are each amended to read as follows:

          (1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home often has the effect of further traumatizing the child. It is, therefore, the legislature's intent that the alleged offender, rather than the child, shall be removed from the home and that this should be done at the earliest possible point of intervention in accordance with RCW 10.31.100, 13.34.130, this section, and RCW 26.44.130.

          (2) In any judicial proceeding in which it is alleged that a child has been subjected to sexual or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from:

          (a) Molesting or disturbing the peace of the alleged victim;

          (b) Entering the family home of the alleged victim except as specifically authorized by the court; ((or))

          (c) Having any contact with the alleged victim, except as specifically authorized by the court;

          (d) Knowingly coming within, or knowingly remaining within, a specified distance of a specified location.

          (3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations.

          (4) The court shall issue a temporary restraining order prohibiting a person from entering the family home if the court finds that the order would eliminate the need for an out-of-home placement to protect the child's right to nurturance, health, and safety and is sufficient to protect the child from further sexual or physical abuse or coercion.

          (5) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties 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.

          (6) A 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; and

          (b) May be revoked or modified.

          (7) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action. Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings.

          (8) Willful violation of a court order entered under this section is a misdemeanor. A written order shall contain the court's directive and shall bear the legend: "Violation of this order with actual notice of its terms is a criminal offense under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest."

          (9) If a restraining order issued under this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 14. RCW 26.44.067 and 1993 c 412 s 16 are each amended to read as follows:

          (1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to RCW 26.44.063 who refuses to comply with the provisions of such order shall be guilty of a misdemeanor.

          (2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file. The copy may be supplied by the court or any party.

          (3) The remedies provided in this section shall not apply unless restraining orders subject to this section ((shall)) bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CONTEMPT PROCEEDINGS.

          (4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. No right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest.


          Sec. 15. RCW 26.50.035 and 1995 c 246 s 4 are each amended to read as follows:

          (1) ((By July 1, 1994,)) The administrator for the courts shall develop and prepare instructions and informational brochures required under RCW 26.50.030(4), standard petition and order for protection forms, and a court staff handbook on domestic violence and the protection order process. The standard petition and order for protection forms must be used after September 1, 1994, for all petitions filed and orders issued under this chapter. The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including a representative of the state domestic violence coalition, judges, and law enforcement personnel.

          (a) The instructions shall be designed to assist petitioners in completing the petition, and shall include a sample of standard petition and order for protection forms.

          (b) The informational brochure shall describe the use of and the process for obtaining ((a)), modifying, and terminating a domestic violence protection order as provided under this chapter, ((a)) an anti-harassment no-contact order as provided ((by RCW 10.99.040)) under chapter 9A.46 RCW, a domestic violence no-contact order as provided under chapter 10.99 RCW, a restraining order as provided ((by RCW 26.09.060)) under chapter 26.09, 26.10, 26.26, and 26.44 RCW, ((and)) an antiharassment protection order as provided by chapter 10.14 RCW, and a foreign protection order as defined in chapter 26.52 RCW.

          (c) The order for protection form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement: "You can be arrested even if the person or persons who obtained the order invite or allow you to violate the order's prohibitions. The respondent has the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order upon written application."

          (d) The court staff handbook shall allow for the addition of a community resource list by the court clerk.

          (2) All court clerks shall obtain a community resource list from a domestic violence program, defined in RCW 70.123.020, serving the county in which the court is located. The community resource list shall include the names and telephone numbers of domestic violence programs serving the community in which the court is located, including law enforcement agencies, domestic violence agencies, sexual assault agencies, legal assistance programs, interpreters, multicultural programs, and batterers' treatment programs. The court shall make the community resource list available as part of or in addition to the informational brochures described in subsection (1) of this section.

          (3) The administrator for the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all superior, district, and municipal courts.

          (4) For purposes of this section, "court clerks" means court administrators in courts of limited jurisdiction and elected court clerks.

          (5) The administrator for the courts shall determine the significant non-English-speaking or limited English-speaking populations in the state. The administrator shall then arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for protection forms, into the languages spoken by those significant non-English-speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all court clerks by January 1, 1997.

          (6) The administrator for the courts shall update the instructions, brochures, standard petition and order for protection forms, and court staff handbook when changes in the law make an update necessary.


          Sec. 16. RCW 26.50.060 and 1999 c 147 s 2 are each 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)) that the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

          (c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

          (d) 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))) (e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW 26.50.150;

          (((e))) (f) 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))) (g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including ((a)) reasonable ((attorney's fee)) attorneys' fees;

          (((g))) (h) 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;

          (((h))) (i) 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;

          (((i))) (j) Consider the provisions of RCW 9.41.800;

          (((j))) (k) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

          (((k))) (l) Order use of a vehicle.

          (2) If a ((restraining)) protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, 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, 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 grant relief for a fixed period or 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 or 26.26 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 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, 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, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

          (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.


          Sec. 17. RCW 26.50.070 and 1996 c 248 s 14 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) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

          (c) Prohibiting any party from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

          (d) 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;

          (((d))) (e) 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))) (f) Considering the provisions of RCW 9.41.800.

          (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 or by mail under RCW 26.50.123. 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 or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, 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.

          (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

          (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.


          Sec. 18. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

 

                                                                                   TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

   XVI                  Aggravated Murder 1 (RCW 10.95.020)

 

    XV                  Homicide by abuse (RCW 9A.32.055)

                            Malicious explosion 1 (RCW 70.74.280(1))

                            Murder 1 (RCW 9A.32.030)

 

   XIV                  Murder 2 (RCW 9A.32.050)

 

   XIII                  Malicious explosion 2 (RCW 70.74.280(2))

                            Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

     XII                  Assault 1 (RCW 9A.36.011)

                            Assault of a Child 1 (RCW 9A.36.120)

                            Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                            Rape 1 (RCW 9A.44.040)

                            Rape of a Child 1 (RCW 9A.44.073)

 

      XI                  Manslaughter 1 (RCW 9A.32.060)

                            Rape 2 (RCW 9A.44.050)

                            Rape of a Child 2 (RCW 9A.44.076)

 

       X                  Child Molestation 1 (RCW 9A.44.083)

                            Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                            Kidnapping 1 (RCW 9A.40.020)

                            Leading Organized Crime (RCW 9A.82.060(1)(a))

                            Malicious explosion 3 (RCW 70.74.280(3))

                            Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

 

      IX                  Assault of a Child 2 (RCW 9A.36.130)

                            Controlled Substance Homicide (RCW 69.50.415)

                            Explosive devices prohibited (RCW 70.74.180)

                            Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                            Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                            Malicious placement of an explosive 2 (RCW 70.74.270(2))

                            Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                            Robbery 1 (RCW 9A.56.200)

                            Sexual Exploitation (RCW 9.68A.040)

                            Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

   VIII                  Arson 1 (RCW 9A.48.020)

                            Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                            Manslaughter 2 (RCW 9A.32.070)

                            Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                            Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                            Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                            Promoting Prostitution 1 (RCW 9A.88.070)

                            Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                            Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 

     VII                  Burglary 1 (RCW 9A.52.020)

                            Child Molestation 2 (RCW 9A.44.086)

                            Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                            Drive-by Shooting (RCW 9A.36.045)

                            Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                            Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                            Introducing Contraband 1 (RCW 9A.76.140)

                            Involving a minor in drug dealing (RCW 69.50.401(f))

                            Malicious placement of an explosive 3 (RCW 70.74.270(3))

                            Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                            Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                            Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                            Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

 

      VI                  Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                            Bribery (RCW 9A.68.010)

                            Incest 1 (RCW 9A.64.020(1))

                            Intimidating a Judge (RCW 9A.72.160)

                            Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                            Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                            Rape of a Child 3 (RCW 9A.44.079)

                            Theft of a Firearm (RCW 9A.56.300)

 

       V                  Abandonment of dependent person 1 (RCW 9A.42.060)

                            Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                            Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                            Child Molestation 3 (RCW 9A.44.089)

                            Criminal Mistreatment 1 (RCW 9A.42.020)

                            Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                            Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                            Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 3 of this act)

                            Extortion 1 (RCW 9A.56.120)

                            Extortionate Extension of Credit (RCW 9A.82.020)

                            Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                            Incest 2 (RCW 9A.64.020(2))

                            Kidnapping 2 (RCW 9A.40.030)

                            ((On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                            On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                            On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                            On and after July 1, 2000: Stalking (RCW 9A.46.110)))

                            Perjury 1 (RCW 9A.72.020)

                            Persistent prison misbehavior (RCW 9.94.070)

                            Possession of a Stolen Firearm (RCW 9A.56.310)

                            Rape 3 (RCW 9A.44.060)

                            Rendering Criminal Assistance 1 (RCW 9A.76.070)

                            Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                            Sexually Violating Human Remains (RCW 9A.44.105)

                            Stalking (RCW 9A.46.110)

 

      IV                  Arson 2 (RCW 9A.48.030)

                            Assault 2 (RCW 9A.36.021)

                            Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                            Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                            Commercial Bribery (RCW 9A.68.060)

                            Counterfeiting (RCW 9.16.035(4))

                            Escape 1 (RCW 9A.76.110)

                            Hit and Run--Injury Accident (RCW 46.52.020(4))

                            Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))

                            Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                            Influencing Outcome of Sporting Event (RCW 9A.82.070)

                            Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                            Malicious Harassment (RCW 9A.36.080)

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                            Residential Burglary (RCW 9A.52.025)

                            Robbery 2 (RCW 9A.56.210)

                            Theft of Livestock 1 (RCW 9A.56.080)

                            Threats to Bomb (RCW 9.61.160)

                            Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                            Vehicular Assault (RCW 46.61.522)

                            Willful Failure to Return from Furlough (RCW 72.66.060)

 

      III                  Abandonment of dependent person 2 (RCW 9A.42.070)

                            Assault 3 (RCW 9A.36.031)

                            Assault of a Child 3 (RCW 9A.36.140)

                            Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                            Burglary 2 (RCW 9A.52.030)

                            Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                            Criminal Gang Intimidation (RCW 9A.46.120)

                            Criminal Mistreatment 2 (RCW 9A.42.030)

                            Custodial Assault (RCW 9A.36.100)

                            Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                            Escape 2 (RCW 9A.76.120)

                            Extortion 2 (RCW 9A.56.130)

                            Harassment (RCW 9A.46.020)

                            Intimidating a Public Servant (RCW 9A.76.180)

                            Introducing Contraband 2 (RCW 9A.76.150)

                            Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                            Malicious Injury to Railroad Property (RCW 81.60.070)

                            Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                            Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                            Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                            Perjury 2 (RCW 9A.72.030)

                            Possession of Incendiary Device (RCW 9.40.120)

                            Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                            Promoting Prostitution 2 (RCW 9A.88.080)

                            Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                            Securities Act violation (RCW 21.20.400)

                            Tampering with a Witness (RCW 9A.72.120)

                            Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                            Theft of Livestock 2 (RCW 9A.56.080)

                            Unlawful Imprisonment (RCW 9A.40.040)

                            Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                            Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                            Willful Failure to Return from Work Release (RCW 72.65.070)

 

       II                  Computer Trespass 1 (RCW 9A.52.110)

                            Counterfeiting (RCW 9.16.035(3))

                            Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                            Escape from Community Custody (RCW 72.09.310)

                            Health Care False Claims (RCW 48.80.030)

                            Malicious Mischief 1 (RCW 9A.48.070)

                            Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                            Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                            Possession of Stolen Property 1 (RCW 9A.56.150)

                            Theft 1 (RCW 9A.56.030)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                            Trafficking in Insurance Claims (RCW 48.30A.015)

                            Unlawful Practice of Law (RCW 2.48.180)

                            Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

 

         I                  Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                            False Verification for Welfare (RCW 74.08.055)

                            Forged Prescription (RCW 69.41.020)

                            Forged Prescription for a Controlled Substance (RCW 69.50.403)

                            Forgery (RCW 9A.60.020)

                            Malicious Mischief 2 (RCW 9A.48.080)

                            Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                            Possession of Stolen Property 2 (RCW 9A.56.160)

                            Reckless Burning 1 (RCW 9A.48.040)

                            Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                            Theft 2 (RCW 9A.56.040)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                            Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                            Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                            Vehicle Prowl 1 (RCW 9A.52.095)


          Sec. 19. RCW 10.99.040 and 1997 c 338 s 54 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)(a) 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 or from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (c) The no-contact order shall also be issued in writing as soon as possible.

          (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. 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 gross misdemeanor except as provided in (b) and (c) of this subsection (4). 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) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

          (((d))) (b) 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)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."

          (c) A certified copy of the order shall be provided to the victim.

          (5) 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-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

          (((5))) (6) Whenever ((an)) a no-contact 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-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence 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. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.


          Sec. 20. RCW 10.99.045 and 1998 c 55 s 2 are each amended to read as follows:

          (1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020 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 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. The court may include in the order any conditions authorized under RCW 9.41.800 and 10.99.040.

          (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. 21. RCW 10.99.050 and 1997 c 338 s 55 are each amended to read as follows:

          (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

          (2)(a) Willful violation of a court order issued under this section is ((a gross misdemeanor. 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, 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. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

          (b) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.

          (3) Whenever an order prohibiting contact is issued pursuant to 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-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence 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.

          (4) If an order prohibiting contact issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 22. RCW 26.09.300 and 1996 c 248 s 9 are each amended to read as follows:

          (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a misdemeanor)) punishable under RCW 26.50.110.

          (2) A person is deemed to have notice of a restraining order if:

          (a) The person to be restrained or the person's attorney signed the order;

          (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

          (c) The order was served upon the person to be restrained; or

          (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (3) A peace officer shall verify the existence of a restraining order by:

          (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

          (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) A restraining order has been issued under this chapter;

          (b) The respondent or person to be restrained knows of the order; and

          (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

          (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.


          Sec. 23. RCW 26.10.220 and 1999 c 184 s 11 are each amended to read as follows:

          (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

          (2) A person is deemed to have notice of a restraining order if:

          (a) The person to be restrained or the person's attorney signed the order;

          (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

          (c) The order was served upon the person to be restrained; or

          (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (3) A peace officer shall verify the existence of a restraining order by:

          (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

          (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) A restraining order has been issued under this chapter;

          (b) The respondent or person to be restrained knows of the order; and

          (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

          (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.


          Sec. 24. RCW 26.26.138 and 1999 c 184 s 12 are each amended to read as follows:

          (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

          (2) A person is deemed to have notice of a restraining order if:

          (a) The person to be restrained or the person's attorney signed the order;

          (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

          (c) The order was served upon the person to be restrained; or

          (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (3) A peace officer shall verify the existence of a restraining order by:

          (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

          (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) A restraining order has been issued under this chapter;

          (b) The respondent or person to be restrained knows of the order; and

          (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

          (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.


          Sec. 25. RCW 26.50.110 and 1996 c 248 s 16 are each amended to read as follows:

          (1) Whenever an order ((for protection)) is granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2) (a) or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall 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 convicted person to pay for electronic monitoring.

          (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

          (3) A violation of an order ((for protection)) issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

          (4) Any assault that is a violation of an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, 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, and any conduct in violation of ((a protective)) such an order ((issued under this chapter)) that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

          (5) A violation of a court order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of ((a no-contact)) an order issued under chapter 10.99 ((RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law)), 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the ((no-contact orders or protection)) orders the offender violated.

          (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order ((for protection)) granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.


          Sec. 26. RCW 26.50.150 and 1999 c 147 s 1 are each amended to read as follows:

          (1) The department of social and health services shall adopt rules for standards of approval of domestic violence perpetrator programs that accept perpetrators of domestic violence into treatment to satisfy court orders or that represent the programs as ones that treat domestic violence perpetrators. The treatment must meet the following minimum qualifications:

          (((1))) (a) All treatment must be based upon a full, complete clinical intake including: Current and past violence history; a lethality risk assessment; a complete diagnostic evaluation; a substance abuse assessment; criminal history; assessment of cultural issues, learning disabilities, literacy, and special language needs; and a treatment plan that adequately and appropriately addresses the treatment needs of the individual.

          (((2))) (b) To facilitate communication necessary for periodic safety checks and case monitoring, the program must require the perpetrator to sign the following releases:

          (((a))) (i) A release for the program to inform the victim and victim's community and legal advocates that the perpetrator is in treatment with the program, and to provide information, for safety purposes, to the victim and victim's community and legal advocates;

          (((b))) (ii) A release to prior and current treatment agencies to provide information on the perpetrator to the program; and

          (((c))) (iii) A release for the program to provide information on the perpetrator to relevant legal entities including: Lawyers, courts, parole, probation, child protective services, and child welfare services.

          (((3))) (c) Treatment must be for a minimum treatment period defined by the secretary of the department by rule. The weekly treatment sessions must be in a group unless there is a documented, clinical reason for another modality. Any other therapies, such as individual, marital, or family therapy, substance abuse evaluations or therapy, medication reviews, or psychiatric interviews, may be concomitant with the weekly group treatment sessions described in this section but not a substitute for it.

          (((4))) (d) The treatment must focus primarily on ending the violence, holding the perpetrator accountable for his or her violence, and changing his or her behavior. The treatment must be based on nonvictim-blaming strategies and philosophies and shall include education about the individual, family, and cultural dynamics of domestic violence. If the perpetrator or the victim has a minor child, treatment must specifically include education regarding the effects of domestic violence on children, such as the emotional impacts of domestic violence on children and the long-term consequences that exposure to incidents of domestic violence may have on children.

          (((5))) (e) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific criteria, defined by rule by the secretary of the department, and not just upon the end of a certain period of time or a certain number of sessions.

          (((6))) (f) The program must have policies and procedures for dealing with reoffenses and noncompliance.

          (((7))) (g) All evaluation and treatment services must be provided by, or under the supervision of, qualified personnel.

          (2) The department shall conduct periodic evaluations of programs that have been approved under this section, to determine whether they are in compliance with the standards adopted under this section.

          (((8))) (3) The secretary of the department may adopt rules and establish fees as necessary to implement this section.


          Sec. 27. RCW 26.50.160 and 1995 c 246 s 18 are each amended to read as follows:

          To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:

          (1) The names of the parties and the cause number for every order of protection issued under this title, every criminal no-contact order issued under chapters 9A.46 and 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party custody action under chapter 26.10 RCW, ((and)) every parentage action under chapter ((26.10)) 26.26 RCW, every restraining order issued on behalf of an abused child or adult dependent person under chapter 26.44 RCW, every foreign protection order filed under chapter 26.52 RCW, and every order for protection of a vulnerable adult under chapter 74.34 RCW. When a guardian or the department of social and health services has petitioned for relief on behalf of an abused child, adult dependent person, or vulnerable adult, the name of the person on whose behalf relief was sought shall be included in the data base as a party rather than the guardian or department;

          (2) A criminal history of the parties; and

          (3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee.


          Sec. 28. RCW 26.52.070 and 1999 c 184 s 9 are each amended to read as follows:

          (1) Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is ((a gross misdemeanor except as provided in subsections (3) and (4) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require the person under restraint to submit to electronic monitoring. The court shall specify who will provide the electronic monitoring services, and the terms under which the monitoring will be performed. The order also may include a requirement that the person under restraint pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring)) punishable under RCW 26.50.110.

          (2) A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

          (((3) An assault that is a violation of a valid foreign protection order 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, and conduct in violation of a valid foreign protection order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

          (4) A violation of a valid foreign protection order is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or a federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same person entitled to protection or other person entitled to protection specifically protected by the no-contact orders or protection orders the offender violated.))


          Sec. 29. RCW 70.123.050 and 1979 ex.s. c 245 s 5 are each amended to read as follows:

          The department shall contract, where appropriate, with public or private nonprofit groups or organizations with experience and expertise in the field of domestic violence to:

          (1) Develop and implement an educational program designed to promote public and professional awareness of the problems of domestic violence and of the availability of services for victims of domestic violence. Particular emphasis should be given to the education needs of law enforcement agencies, the legal system, the medical profession, and other relevant professions that are engaged in the prevention, identification, and treatment of domestic violence;

          (2) Maintain a directory of temporary shelters and other direct service facilities for the victims of domestic violence which is current, complete, detailed, and available, as necessary, to provide useful referral services to persons seeking help on an emergency basis;

          (3) Create a state-wide toll-free telephone number that would provide information and referral to victims of domestic violence;

          (4) Provide opportunities to persons working in the area of domestic violence to exchange information; ((and))

          (5) Provide training opportunities for both volunteer workers and staff personnel; and

          (6) Develop and provide advocacy, community education, and specialized services to underserved victims of domestic violence.


          Sec. 30. RCW 74.34.130 and 1999 c 176 s 13 are each amended to read as follows:

          The court may order relief as it deems necessary for the protection of the petitioner, including, but not limited to the following:

          (1) Restraining respondent from committing acts of abandonment, abuse, neglect, or financial exploitation;

          (2) Excluding the respondent from petitioner's residence for a specified period or until further order of the court;

          (3) Prohibiting contact by respondent for a specified period or until further order of the court;

          (4) Prohibiting the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

          (5) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;

          (((5))) (6) Restraining the transfer of property for a specified period not exceeding ninety days; and

          (((6))) (7) Requiring 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.

          Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.


          Sec. 31. RCW 9.94A.440 and 1999 c 322 s 6 and 1999 c 196 s 11 are each reenacted and amended to read as follows:

          (1) Decision not to prosecute.

          STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

          GUIDELINE/COMMENTARY:

          Examples

          The following are examples of reasons not to prosecute which could satisfy the standard.

          (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

          (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

          (i) It has not been enforced for many years; and

          (ii) Most members of society act as if it were no longer in existence; and

          (iii) It serves no deterrent or protective purpose in today's society; and

          (iv) The statute has not been recently reconsidered by the legislature.

          This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

          (c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

          (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

          (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

          (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

          (iii) Conviction of the new offense would not serve any significant deterrent purpose.

          (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

          (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

          (ii) Conviction in the pending prosecution is imminent;

          (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

          (iv) Conviction of the new offense would not serve any significant deterrent purpose.

          (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

          (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

          (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

          (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

          (i) Assault cases where the victim has suffered little or no injury;

          (ii) Crimes against property, not involving violence, where no major loss was suffered;

          (iii) Where doing so would not jeopardize the safety of society.

          Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

          The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

          Notification

          The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

          (2) Decision to prosecute.

          (a) STANDARD:

          Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(8).

          Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

          See table below for the crimes within these categories.

 

CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS

 

          CRIMES AGAINST PERSONS

          Aggravated Murder

          1st Degree Murder

          2nd Degree Murder

          1st Degree Kidnaping

          1st Degree Assault

          1st Degree Assault of a Child

          1st Degree Rape

          1st Degree Robbery

          1st Degree Rape of a Child

          1st Degree Arson

          2nd Degree Kidnaping

          2nd Degree Assault

          2nd Degree Assault of a Child

          2nd Degree Rape

          2nd Degree Robbery

          1st Degree Burglary

          1st Degree Manslaughter

          2nd Degree Manslaughter

          1st Degree Extortion

          Indecent Liberties

          Incest

          2nd Degree Rape of a Child

          Vehicular Homicide

          Vehicular Assault

          3rd Degree Rape

          3rd Degree Rape of a Child

          1st Degree Child Molestation

          2nd Degree Child Molestation

          3rd Degree Child Molestation

          2nd Degree Extortion

          1st Degree Promoting Prostitution

          Intimidating a Juror

          Communication with a Minor

          Intimidating a Witness

          Intimidating a Public Servant

          Bomb Threat (if against person)

          3rd Degree Assault

          3rd Degree Assault of a Child

          Unlawful Imprisonment

          Promoting a Suicide Attempt

          Riot (if against person)

          Stalking

          Custodial Assault

          ((No-Contact Order-Domestic Violence Pretrial (RCW 10.99.040(4) (b) and (c))

          No-Contact Order-Domestic Violence Sentence (RCW 10.99.050(2))

          Protection Order-Domestic Violence Civil (RCW 26.50.110 (4) and (5)))) Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 3 of this act)

          Counterfeiting (if a violation of RCW 9.16.035(4))

 

          CRIMES AGAINST PROPERTY/OTHER CRIMES

          2nd Degree Arson

          1st Degree Escape

          2nd Degree Burglary

          1st Degree Theft

          1st Degree Perjury

          1st Degree Introducing Contraband

          1st Degree Possession of Stolen Property

          Bribery

          Bribing a Witness

          Bribe received by a Witness

          Bomb Threat (if against property)

          1st Degree Malicious Mischief

          2nd Degree Theft

          2nd Degree Escape

          2nd Degree Introducing Contraband

          2nd Degree Possession of Stolen Property

          2nd Degree Malicious Mischief

          1st Degree Reckless Burning

          Taking a Motor Vehicle without Authorization

          Forgery

          2nd Degree Perjury

          2nd Degree Promoting Prostitution

          Tampering with a Witness

          Trading in Public Office

          Trading in Special Influence

          Receiving/Granting Unlawful Compensation

          Bigamy

          Eluding a Pursuing Police Vehicle

          Willful Failure to Return from Furlough

          Escape from Community Custody

          Riot (if against property)

          Thefts of Livestock

 

          ALL OTHER UNCLASSIFIED FELONIES

          Selection of Charges/Degree of Charge

          (i) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

          (A) Will significantly enhance the strength of the state's case at trial; or

          (B) Will result in restitution to all victims.

          (ii) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

          (A) Charging a higher degree;

          (B) Charging additional counts.

          This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

 

          (b) GUIDELINES/COMMENTARY:

          (i) Police Investigation

          A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

          (A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

          (B) The completion of necessary laboratory tests; and

          (C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

          If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

          (ii) Exceptions

          In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

          (A) Probable cause exists to believe the suspect is guilty; and

          (B) The suspect presents a danger to the community or is likely to flee if not apprehended; or

          (C) The arrest of the suspect is necessary to complete the investigation of the crime.

          In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

          (iii) Investigation Techniques

          The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

          (A) Polygraph testing;

          (B) Hypnosis;

          (C) Electronic surveillance;

          (D) Use of informants.

          (iv) Pre-Filing Discussions with Defendant

          Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

          (v) Pre-Filing Discussions with Victim(s)

          Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.


          NEW SECTION. Sec. 32. Section 18 of this act takes effect July 1, 2000.


          NEW SECTION. Sec. 33. Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.


          NEW SECTION. Sec. 34. (1) The penalties prescribed in section 1 of this act apply to violations of court orders which occur on or after the effective date of section 1 of this act, regardless of the date the court issued the order.

          (2) The penalties prescribed in this act, other than in section 1 of this act, apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order."


          Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 25, 2000

SSB 6401            Prime Sponsor, Committee on Senate Health & Long-Term Care: Protecting vulnerable adults. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 43.20A.710 and 1999 c 336 s 7 are each amended to read as follows:

          (1) The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:

          (a) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or individuals with mental illness or developmental disabilities; and

          (b) Individual providers who are paid by the state ((for)) and providers who are paid by home care agencies to provide in-home services ((and hired by individuals)) involving unsupervised access to persons with physical ((disabilities)), mental, or developmental disabilities((,)) or mental illness, or ((mental impairment)) to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW.

          (2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.

          (3) An individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. The department shall pay for the investigation of criminal records as provided for in the omnibus appropriations act. This subsection does not supersede RCW 74.15.030(2)(b).

          (4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110.

          (5) The secretary shall provide the results of the ((state)) background check on individual providers to the ((individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment)) persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If ((an individual)) the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from ((employment with the department)) having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.

          (((4))) (6) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.


          NEW SECTION. Sec. 2. A new section is added to chapter 74.34 RCW to read as follows:

          (1) The department shall establish and maintain a state registry containing names of, and other identifying information about, individuals who have been found to have abandoned, abused, financially exploited, or neglected vulnerable adults. The department shall remove from the registry the name of any individual who: (a) Later is found by the office of administrative hearings under chapter 34.05 RCW, or a court of law, not to have abandoned, abused, financially exploited, or neglected vulnerable adults; or (b) was erroneously placed upon the registry. The department shall adopt rules that are necessary to implement the registry. At a minimum, the rules shall address disclosure, disposition, and notification of findings, appeal rights, fair hearing requirements, and the opportunity for the individual who is the subject of the investigation to provide information orally or in writing prior to the preliminary determination.

          (2) A nursing home, boarding home, or adult family home employer shall be immune from liability for an employment decision made in reasonable reliance upon information obtained directly from the registry.


          NEW SECTION. Sec. 3. A new section is added to chapter 74.34 RCW to read as follows:

          If following an investigation into allegations that an individual abandoned, abused, financially exploited, or neglected a vulnerable adult, the department determines that a preponderance of evidence exists to support the allegation, the department shall make a preliminary determination of abandonment, abuse, financial exploitation, or neglect. The department shall not make a preliminary finding of neglect if the individual demonstrates that the neglect was caused by factors beyond his or her control. The department shall not initiate a registry investigation into an allegation of abuse, neglect, abandonment, or financial exploitation in an in-home setting or in a facility licensed under chapter 70.128 or 18.20 RCW if the nursing care quality assurance commission and the department of health have completed a full investigation and have taken no action against a nurse licensed under chapter 18.79 RCW. The individual shall be notified of the preliminary determination and shall be entitled to appeal the preliminary finding in an adjudicative proceeding under chapter 34.05 RCW. If the individual does not request an adjudicative proceeding within the time allowed for appeal, or if the department's preliminary determination is upheld following an adjudicative proceeding, the preliminary determination shall be considered a finding and the department shall place such finding on the state registry described in section 2 of this act. This section does not apply to findings of abandonment, abuse, financial exploitation, or neglect by an individual who is a vulnerable adult and who has the functional, mental, or physical inability to care for himself or herself or who has been found incapacitated under chapter 11.88 RCW.


          NEW SECTION. Sec. 4. A new section is added to chapter 74.34 RCW to read as follows:

          In the case of a single finding of neglect, at least one year after an individual's name has been placed on the registry, the individual may petition the department for removal of his or her name from the registry, or the individual may petition the department to be allowed to work in a licensed nursing home, boarding home, or adult family home. The rules developed by the department shall describe how the petition can be filed, and shall identify factors that the department will consider before rendering a decision on the petition. Any individual whose name has been on the registry for ten consecutive years may petition the removal of his or her name from the registry for any reason.

          In determining whether to remove the individual's name, the department shall consider the following information if reasonably available: (1) The nature of the conduct that caused the person's name to be placed on the registry; (2) the severity of harm in the original investigated incident; (3) the conduct of the individual in the elapsed ten-year period, including treatment, criminal convictions, and employment history; and (4) such other information as the department determines to be relevant.

          If the department determines the individual's name can be removed from the registry, the department shall immediately remove the individual's name from the registry. The department shall maintain the records of this review, but such information may not be disclosed except to the individual seeking the removal or by an order entered in superior court.

          If an individual has been convicted of a disqualifying crime under RCW 43.43.842, the individual may not make a request under this section until ten years from the date of conviction.

          If the department acted in good faith and in accordance with established procedures when it removed an individual's name from the registry, or when it allowed an individual whose name is on the registry to work in a nursing home, boarding home, or adult family home setting, it shall be immune from liability for the future actions of the individual.


          NEW SECTION. Sec. 5. A new section is added to chapter 74.34 RCW to read as follows:

          A preliminary determination of abandonment, abuse, financial exploitation, or neglect shall be sustained in an adjudicative proceeding if the presiding officer finds it is supported by a preponderance of the evidence. The presiding officer's decision must be rendered within one hundred twenty days of the date the individual's hearing request was received by the office of administrative hearings. However, if the presiding officer finds that extenuating circumstances exist that will prevent the decision from being made within the one hundred twenty-day time period, the presiding officer may extend the deadline only as long as is reasonably necessary.


          NEW SECTION. Sec. 6. A new section is added to chapter 74.34 RCW to read as follows:

          When the department learns that any in-state or out-of-state agency, disciplining authority, or court has taken an action that would prevent the individual from being employed in the care of and having unsupervised access to vulnerable adults in accordance with RCW 74.39A.050(8), the department shall place identifying information about the individual on the state registry.


          NEW SECTION. Sec. 7. A new section is added to chapter 74.34 RCW to read as follows:

          The department shall disclose to any home and community services or nursing home employer as defined in chapter 74.39A RCW, or to any person who is employing, staffing, licensing, or contracting for the provision of long-term care services to a vulnerable adult, registry findings of abuse, neglect, abandonment, and financial exploitation so long as the person requesting such information provides to the department the individual's correct legal name, social security number, gender, and date of birth. The department may request additional information necessary to ensure the accurate identification of the individual on the registry. The department shall not release an individual's home address, social security number, or home telephone number.

          Nothing in this act is to be construed to prevent anyone from obtaining any information about themselves that is in the possession of the department. The department may withhold information regarding other persons as provided by law or when release of such information could reasonably result in a violation or threat to a person's privacy, health, or safety.

          The person requesting registry findings shall use this information only for making decisions regarding employment, staffing, contracting, or licensing of the individual with regard to the provision of care and services to vulnerable adults. Further dissemination or use of the findings is prohibited.


          Sec. 8. RCW 74.39A.050 and 1999 c 336 s 5 are each amended to read as follows:

          The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations:

          (1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent with chapter 392, Laws of 1997.

          (2) The goal of the system is continuous quality improvement with the focus on consumer satisfaction and outcomes for consumers. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, resident managers, and advocates in addition to interviewing providers and staff.

          (3) Providers should be supported in their efforts to improve quality and address identified problems initially through training, consultation, technical assistance, and case management.

          (4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service.

          (5) Monitoring should be outcome based and responsive to consumer complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to providers.

          (6) Prompt and specific enforcement remedies shall also be implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a contract or license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.

          (7) To the extent funding is available, all long-term care staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable persons. Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis according to law and rules adopted by the department.

          (8) No provider or staff, or prospective provider or staff, with a stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults except as permitted in section 4 of this act.

          (9) ((The department shall establish, by rule, a state registry which contains identifying information about personal care aides identified under this chapter who have substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information.

          (10))) The department shall by rule develop training requirements for individual providers and home care agency providers. The department shall deny payment to an individual provider or a home care provider who does not complete the training requirement within the time limit specified by the department by rule.

          (((11))) (10) The department shall establish, by rule, training, background checks, and other quality assurance requirements for personal aides who provide in-home services funded by medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 that are equivalent to requirements for individual providers.

          (((12))) (11) Under existing funds the department shall establish internally a quality improvement standards committee to monitor the development of standards and to suggest modifications.

          (((13))) (12) Within existing funds, the department shall design, develop, and implement a long-term care training program that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a range of other available relevant training modules that provide the caregiver with appropriate options that assist in meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to workplace violence prevention. The nursing care quality assurance commission shall work together with the department to develop the curriculum modules. The nursing care quality assurance commission shall direct the nursing assistant training programs to accept some or all of the skills and competencies from the curriculum modules towards meeting the requirements for a nursing assistant certificate as defined in chapter 18.88A RCW. A process may be developed to test persons completing modules from a caregiver's class to verify that they have the transferable skills and competencies for entry into a nursing assistant training program. The department may review whether facilities can develop their own related long-term care training programs. The department may develop a review process for determining what previous experience and training may be used to waive some or all of the mandatory training. The department of social and health services and the nursing care quality assurance commission shall work together to develop an implementation plan by December 12, 1998.


          Sec. 9. RCW 74.34.095 and 1999 c 176 s 17 are each amended to read as follows:

          (1) The following information is confidential and not subject to disclosure, except as provided in this section:

          (a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;

          (b) The identity of the person making the report; and

          (c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.

          (2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as authorized by chapter 18.20, 18.51, or 74.39A RCW, or as authorized by the long-term care ombudsman programs under federal law or state law, chapter 43.190 RCW.

          (3) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.

          (4) Findings and other information entered into a state registry as authorized by this act are not considered confidential. However, the individual's social security number, home telephone number, and home address shall not be disclosed.


          Sec. 10. RCW 74.39A.095 and 1999 c 175 s 3 are each amended to read as follows:

          (1) In carrying out case management responsibilities established under RCW 74.39A.090 for consumers who are receiving services under the medicaid personal care, community options programs entry system or chore services program through an individual provider, each area agency on aging shall provide adequate oversight of the care being provided to consumers receiving services under this section. Such oversight shall include, but is not limited to:

          (a) Verification that the individual provider has met any training requirements established by the department;

          (b) Verification of a sample of worker time sheets;

          (c) Home visits or telephone contacts sufficient to ensure that the plan of care is being appropriately implemented;

          (d) Reassessment and reauthorization of services;

          (e) Monitoring of individual provider performance; and

          (f) Conducting criminal background checks or verifying that criminal background checks have been conducted.

          (2) The area agency on aging case manager shall work with each consumer to develop a plan of care under this section that identifies and ensures coordination of health and long-term care services that meet the consumer's needs. In developing the plan, they shall utilize, and modify as needed, any comprehensive community service plan developed by the department as provided in RCW 74.39A.040. The plan of care shall include, at a minimum:

          (a) The name and telephone number of the consumer's area agency on aging case manager, and a statement as to how the case manager can be contacted about any concerns related to the consumer's well-being or the adequacy of care provided;

          (b) The name and telephone numbers of the consumer's primary health care provider, and other health or long-term care providers with whom the consumer has frequent contacts;

          (c) A clear description of the roles and responsibilities of the area agency on aging case manager and the consumer receiving services under this section;

          (d) The duties and tasks to be performed by the area agency on aging case manager and the consumer receiving services under this section;

          (e) The type of in-home services authorized, and the number of hours of services to be provided;

          (f) The terms of compensation of the individual provider;

          (g) A statement that the individual provider has the ability and willingness to carry out his or her responsibilities relative to the plan of care; and

          (h)(i) Except as provided in (h)(ii) of this subsection, a clear statement indicating that a consumer receiving services under this section has the right to waive any of the case management services offered by the area agency on aging under this section, and a clear indication of whether the consumer has, in fact, waived any of these services.

          (ii) The consumer's right to waive case management services does not include the right to waive reassessment or reauthorization of services, or verification that services are being provided in accordance with the plan of care.

          (3) Each area agency on aging shall retain a record of each waiver of services included in a plan of care under this section.

          (4) Each consumer has the right to direct and participate in the development of their plan of care to the maximum practicable extent of their abilities and desires, and to be provided with the time and support necessary to facilitate that participation.

          (5) A copy of the plan of care must be distributed to the consumer's primary care provider, individual provider, and other relevant providers with whom the consumer has frequent contact, as authorized by the consumer.

          (6) The consumer's plan of care shall be an attachment to the contract between the department, or their designee, and the individual provider.

          (7) If the department or area agency on aging case manager finds that an individual provider's inadequate performance or inability to deliver quality care is jeopardizing the health, safety, or well-being of a consumer receiving service under this section, the department or the area agency on aging may take action to terminate the contract between the department and the individual provider. If the department or the area agency on aging has a reasonable, good faith belief that the health, safety, or well-being of a consumer is in imminent jeopardy, the department or area agency on aging may summarily suspend the contract pending a fair hearing. The consumer may request a fair hearing to contest the planned action of the case manager, as provided in chapter 34.05 RCW.

          (8) The department or area agency on aging may reject a request by ((an [a])) a consumer receiving services under this section to have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good faith belief that the family member or other person will be unable to appropriately meet the care needs of the consumer. The consumer may request a fair hearing to contest the decision of the case manager, as provided in chapter 34.05 RCW.


          NEW SECTION. Sec. 11. A new section is added to chapter 74.39A RCW to read as follows:

          A home and community services employer or a nursing home employer who discloses information about a former or current employee to a prospective home and community services employer or nursing home employer is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (1) The employee's ability to perform his or her job; (2) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee when related to his or her ability to care for a vulnerable adult. For purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the home and community services employer or nursing home employer was knowingly false or with reckless disregard for the truth of the information disclosed. Nothing in this section shall affect or limit any other state, federal, or constitutional right otherwise available. Should the employee successfully rebut the presumption of good faith standard in a court of competent jurisdiction, and therefore be the prevailing party, the prevailing party shall be entitled to recover reasonable attorneys' fees against the employer.


          NEW SECTION. Sec. 12. STATE REGISTRY--TERMINATION. The state registry established in section 2 of this act shall be terminated on June 30, 2004, as provided in section 13 of this act.


          NEW SECTION. Sec. 13. STATE REGISTRY--REPEAL. Section 2 of this act, as now existing or hereafter amended, is repealed effective June 30, 2005.


          NEW SECTION. Sec. 14. Captions used in this act are not any part of the law."


          Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 25, 2000

SB 6429               Prime Sponsor, Senator Patterson: Changing statutes that effect the productivity board. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.


          Voting yea: Representatives McMorris, Romero, Campbell, Miloscia, Dunshee, Haigh, Lambert and Schmidt.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6431               Prime Sponsor, Senator Heavey: Allowing for the dissemination of criminal history record information to the horse racing commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


          On page 1, line 10, after "chapter." strike all material to the end of the section and insert "Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited."

 

Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6450            Prime Sponsor, Committee on Senate Natural Resources, Parks & Recreation: Clarifying the deposit and use of moneys for wildlife publications. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


          On page 2, after line 8, insert the following:

          "NEW SECTION. Sec. 3. RCW 75.08.235 (Informational materials--Fee-Disposition of money collected) and 1992 c 13 s 12 are each repealed."


          Correct the title

 

Signed by Representatives Buck, Republican Co-Chair; Regala, Democratic Co-Chair; Anderson, Democratic Vice Chair; Doumit; Eickmeyer; Ericksen; Pennington; Rockefeller and Stensen.

 

MINORITY recommendation: Do not pass. Signed by Representatives Sump, Republican Vice Chair; G. Chandler and Clements.


          Voting yea: Representatives Buck, Regala, Anderson, Doumit, Eickmeyer, Ericksen, Pennington, Rockefeller and Stensen.

          Voting nay: Representatives Sump, G. Chandler and Clements.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6459            Prime Sponsor, Committee on Senate Judiciary: Prohibiting the use of identifying information to solicit undesired mail. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. A new section is added to chapter 9.35 RCW to read as follows:

          (1) It is unlawful for any person to knowingly use a means of identification of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.

          (2) For purposes of this section, "means of identification" has the meaning provided in RCW 9.35.020.

          (3) Violation of this section is a misdemeanor.

          (4) Additionally, a person who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person's credit record, whichever is greater, and reasonable attorneys' fees as determined by the court."


          Correct the title.

 

Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.


          Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.


          Passed to Rules Committee for Second Reading.


February 24, 2000

ESSB 6462          Prime Sponsor, Committee on Senate Education: Providing a salary bonus for teachers receiving national board for professional teaching standards certification. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. The legislature finds and declares:

          (1) The national board for professional teaching standards has established high and rigorous standards for what highly accomplished teachers should know and be able to do in order to increase student learning results;

          (2) The national board certifies teachers who meet these standards through a rigorous, performance-based assessment process;

          (3) A certificate awarded by the national board attests that a teacher has met high and rigorous standards and has demonstrated the ability to make sound professional judgments about how to best meet students' learning needs and effectively help students meet challenging academic standards;

          (4) Teachers who attain national board certification should be acknowledged and rewarded in order to encourage more teachers to pursue certification for the benefit of Washington students.


          NEW SECTION. Sec. 2. A new section is added to chapter 28A.405 RCW to read as follows:

          (1) To the extent funds are appropriated, in addition to the compensation received under the salary schedule adopted in accordance with RCW 28A.405.200, teachers who have attained certification by the national board for professional teaching standards shall receive a bonus. The bonus established under this section is not part of basic education and is not included in the salary and benefit provisions of RCW 28A.400.200.

          (2) By December 31, 2003, the office of the superintendent of public instruction, in cooperation with the state board of education and with the assistance of an advisory committee, shall review the national board certification standards to determine whether additional requirements to the national standards are needed to align the national requirements with Washington state standards for teachers and students under education reform.

          (3) By November 15, 2003, the Washington institute for public policy shall report to the appropriate house of representatives and senate committees on the results and accomplishments of the program to provide bonuses to teachers who have achieved certification from the national board.

          (4) This section expires June 30, 2004."


          Correct the title.

 

Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Haigh, Democratic Vice Chair; Schindler, Republican Vice Chair; Carlson; Cox; Keiser; Rockefeller; Santos; D. Schmidt; Stensen; Thomas and Wensman.


          Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, Schmidt, Schual-Berke, Stensen, Thomas and Wensman.


          Referred to Committee on Appropriations.


February 23, 2000

SSB 6467            Prime Sponsor, Committee on Senate Transportation: Reversing the 1999 license fraud law. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended.


          On page 11, after line 26, insert the following:


          "NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


          Correct the title.

 

Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; G. Chandler; DeBolt; Fortunato; Haigh; Hatfield; Hurst; Lovick; McDonald; Mielke; Murray; Ogden; Pflug; Radcliff; Romero; Schindler; Schual-Berke; Scott; Skinner; Wood and Woods.


          Voting yea: Representatives Fisher, Mitchell, Cooper, Edwards, Ericksen, Hankins, G. Chandler, DeBolt, Fortunato, Haigh, Hatfield, Hurst, Lovick, McDonald, Mielke, Morris, Murray, Ogden, Pflug, Radcliff, Romero, Schindler, Schual-Berke, Scott, Skinner, Wood and Woods.

          Excused: Representative Buck.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSB 6487          Prime Sponsor, Committee on Senate Human Services & Corrections: Providing for the release of mental health information under certain circumstances. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. It is the intent of the legislature to enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW by authorizing access to, and release or disclosure of, necessary information related to mental health services. This includes accessing and releasing or disclosing information of persons who received mental health services as a minor. The legislature does not intend this act to readdress access to information and records regarding continuity of care.

          The legislature recognizes that persons with mental illness have a right to the confidentiality of information related to mental health services, including the fact of their receiving such services, unless there is a state interest that supersedes this right. It is the intent of the legislature to balance that right of the individual with the state interest to enhance public safety.


          NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:

          (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

          (a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.05 or 10.77 RCW, or somatic health care information.

          (b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community mental health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.

          (2) Information related to mental health services delivered to a person subject to chapter 9.94A RCW shall be released, upon request, by a mental health service provider to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request shall be in writing and shall not require the consent of the subject of the records.

          (3) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (2) of this section.

          (4) The department and the department of corrections, in consultation with regional support networks, mental health service providers as defined in subsection (1) of this section, mental health consumers, and advocates for persons with mental illness, shall adopt rules to implement the provisions of this section related to the type and scope of information to be released. These rules shall:

          (a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and

          (b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.

          (5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in RCW 71.34.200, except as provided in section 4 of this act.

          (6) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.

          (7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.

          (8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.


          NEW SECTION. Sec. 3. A new section is added to chapter 71.05 RCW to read as follows:

          (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

          (a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information.

          (b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.05.020, community mental health service delivery systems, or community mental health programs as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.

          (2) Information related to mental health services delivered to a person subject to chapter 9.94A RCW shall be released, upon request, by a mental health service provider to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request shall be in writing and shall not require the consent of the subject of the records.

          (3) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (2) of this section.

          (4) The department and the department of corrections, in consultation with regional support networks, mental health service providers as defined in subsection (1) of this section, mental health consumers, and advocates for persons with mental illness, shall adopt rules to implement the provisions of this section related to the type and scope of information to be released. These rules shall:

          (a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and

          (b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.

          (5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW, except as provided in section 4 of this act.

          (6) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section except under RCW 71.05.670 and 71.05.440.

          (7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.

          (8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.


          NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:

          (1) The information received by the department under section 2 or 3 of this act may be released to the indeterminate sentence review board as relevant to carry out its responsibility of planning and ensuring community protection with respect to persons under its jurisdiction. Further disclosure by the indeterminate sentence review board is subject to the limitations set forth in subsections (3) and (4) of this section and must be consistent with the written policy of the indeterminate sentence review board. The decision to disclose or not shall not result in civil liability for the indeterminate sentence review board or its employees provided that the decision was reached in good faith and without gross negligence.

          (2) The information received by the department under section 2 or 3 of this act may be used to meet the statutory duties of the department to provide evidence or report to the court. Disclosure to the public of information provided to the court by the department related to mental health services shall be limited in accordance with RCW 9.94A.110 or this section.

          (3) The information received by the department under section 2 or 3 of this act may be disclosed by the department to other state and local agencies as relevant to plan for and provide offenders transition, treatment, and supervision services, or as relevant and necessary to protect the public and counteract the danger created by a particular offender, and in a manner consistent with the written policy established by the secretary. The decision to disclose or not shall not result in civil liability for the department or its employees so long as the decision was reached in good faith and without gross negligence. The information received by a state or local agency from the department shall remain confidential and subject to the limitations on disclosure set forth in chapters 70.02, 71.05, and 71.34 RCW and, subject to these limitations, may be released only as relevant and necessary to counteract the danger created by a particular offender.

          (4) The information received by the department under section 2 or 3 of this act may be disclosed by the department to individuals only with respect to offenders who have been determined by the department to have a high risk of reoffending by a risk assessment, as defined in RCW 9.94A.030, only as relevant and necessary for those individuals to take reasonable steps for the purpose of self-protection, or as provided in RCW 72.09.370(2). The information may not be disclosed for the purpose of engaging the public in a system of supervision, monitoring, and reporting offender behavior to the department. The department must limit the disclosure of information related to mental health services to the public to descriptions of an offender's behavior, risk he or she may present to the community, and need for mental health treatment, including medications, and shall not disclose or release to the public copies of treatment documents or records, except as otherwise provided by law. All disclosure of information to the public must be done in a manner consistent with the written policy established by the secretary. The decision to disclose or not shall not result in civil liability for the department or its employees so long as the decision was reached in good faith and without gross negligence. Nothing in this subsection prevents any person from reporting to law enforcement or the department behavior that he or she believes creates a public safety risk.


          Sec. 5. RCW 71.05.630 and 1989 c 205 s 13 are each amended to read as follows:

          (1) Except as otherwise provided by law, all treatment records shall remain confidential. Treatment records may be released only to the persons designated in this section, or to other persons designated in an informed written consent of the patient.

          (2) Treatment records of an individual may be released without informed written consent in the following circumstances:

          (a) To an individual, organization, or agency as necessary for management or financial audits, or program monitoring and evaluation. Information obtained under this subsection shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the individual whose records are being released.

          (b) To the department, the director of regional support networks, or a qualified staff member designated by the director only when necessary to be used for billing or collection purposes. The information shall remain confidential.

          (c) For purposes of research as permitted in chapter 42.48 RCW.

          (d) Pursuant to lawful order of a court.

          (e) To qualified staff members of the department, to the director of regional support networks, to resource management services responsible for serving a patient, or to service providers designated by resource management services as necessary to determine the progress and adequacy of treatment and to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility. The information shall remain confidential.

          (f) Within the treatment facility where the patient is receiving treatment, confidential information may be disclosed to individuals employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties.

          (g) Within the department as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of individuals who are under the supervision of the department.

          (h) To a licensed physician who has determined that the life or health of the individual is in danger and that treatment without the information contained in the treatment records could be injurious to the patient's health. Disclosure shall be limited to the portions of the records necessary to meet the medical emergency.

          (i) To a facility that is to receive an individual who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the individual from one treatment facility to another. The release of records under this subsection shall be limited to the treatment records required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not include the patient's complete treatment record.

          (j) Notwithstanding the provisions of RCW 71.05.390(7), to a correctional facility or a corrections officer who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment. ((Every person who is under the supervision of the department of corrections who receives evaluation or treatment under chapter 9.94A RCW shall be notified of the provisions of this section by the individual's corrections officer.)) Except as provided in sections 2 and 3 of this act, release of records under this section is limited to:

          (i) An evaluation report provided pursuant to a written supervision plan.

          (ii) The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment provided as part of the supervision plan.

          (iii) When an individual is returned from a treatment facility to a correctional facility, the information provided under (j)(iv) of this subsection.

          (iv) Any information necessary to establish or implement changes in the individual's treatment plan or the level or kind of supervision as determined by resource management services. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. ((In cases involving a person under supervision of the department of corrections, disclosure shall be made to the supervising corrections officer only.))

          (k) To the individual's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW.

          (l) ((To a corrections officer of the department who has custody of or is responsible for the supervision of an individual who is transferred or discharged from a treatment facility.

          (m))) To staff members of the protection and advocacy agency or to staff members of a private, nonprofit corporation for the purpose of protecting and advocating the rights of persons with mental illness or developmental disabilities. Resource management services may limit the release of information to the name, birthdate, and county of residence of the patient, information regarding whether the patient was voluntarily admitted, or involuntarily committed, the date and place of admission, placement, or commitment, the name and address of a guardian of the patient, and the date and place of the guardian's appointment. Any staff member who wishes to obtain additional information shall notify the patient's resource management services in writing of the request and of the resource management services' right to object. The staff member shall send the notice by mail to the guardian's address. If the guardian does not object in writing within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian objects in writing within fifteen days after the notice is mailed, the staff member may not obtain the additional information.

          (3) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.


          Sec. 6. RCW 71.05.390 and 1999 c 12 s 1 are each amended to read as follows:

          Except as provided in this section, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.

          Information and records may be disclosed only:

          (1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the patient, or his or her guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person: (a) Employed by the facility; (b) who has medical responsibility for the patient's care; (c) who is a county designated mental health professional; (d) who is providing services under chapter 71.24 RCW; (e) who is employed by a state or local correctional facility where the person is confined; or (f) who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.

          (2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing outpatient services to the operator of a care facility in which the patient resides.

          (3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.

          (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

          (5) For either program evaluation or research, or both: PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:

 

          "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.

          I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.

 

                                                                                 /s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "

 

          (6) To the courts as necessary to the administration of this chapter.

          (7) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:

          (a) Only the fact, place, and date of involuntary admission, the fact and date of discharge, and the last known address shall be disclosed upon request; and

          (b) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter; and

          (c) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent, and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.

          (8) To the attorney of the detained person.

          (9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.

          (10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.

          (11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence.

          (12) To the persons designated in RCW 71.05.425 for the purposes described in that section.

          (((12))) (13) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.

          (((13))) (14) To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.

          (((14))) (15) To the department of health ((of)) for the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.

          The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial or in a civil commitment proceeding pursuant to chapter 71.09 RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.


          Sec. 7. RCW 71.34.200 and 1985 c 354 s 18 are each amended to read as follows:

          The fact of admission and all information obtained through treatment under this chapter is confidential. Confidential information may be disclosed only:

          (1) In communications between mental health professionals to meet the requirements of this chapter, in the provision of services to the minor, or in making appropriate referrals;

          (2) In the course of guardianship or dependency proceedings;

          (3) To persons with medical responsibility for the minor's care;

          (4) To the minor, the minor's parent, and the minor's attorney, subject to RCW 13.50.100;

          (5) When the minor or the minor's parent ((designate[s])) designates in writing the persons to whom information or records may be released;

          (6) To the extent necessary to make a claim for financial aid, insurance, or medical assistance to which the minor may be entitled or for the collection of fees or costs due to providers for services rendered under this chapter;

          (7) To the courts as necessary to the administration of this chapter;

          (8) To law enforcement officers or public health officers as necessary to carry out the responsibilities of their office. However, only the fact and date of admission, and the date of discharge, the name and address of the treatment provider, if any, and the last known address shall be disclosed upon request;

          (9) To law enforcement officers, public health officers, relatives, and other governmental law enforcement agencies, if a minor has escaped from custody, disappeared from an evaluation and treatment facility, violated conditions of a less restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor. The officers are obligated to keep the information confidential in accordance with this chapter;

          (10) To the secretary for assistance in data collection and program evaluation or research, provided that the secretary adopts rules for the conduct of such evaluation and research. The rules shall include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows:

 

          "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding minors who have received services in a manner such that the minor is identifiable.

          I recognize that unauthorized release of confidential information may subject me to civil liability under state law.

 

                                                                                 /s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "

 

          (11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence;

          (12) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence;

          (((12))) (13) To a minor's next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in the facility or that the minor is seriously physically ill and a statement evaluating the mental and physical condition of the minor as well as a statement of the probable duration of the minor's confinement;

          (((13))) (14) Upon the death of a minor, to the minor's next of kin;

          (((14))) (15) To a facility in which the minor resides or will reside.

          This section shall not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary. The fact of admission and all information obtained pursuant to this chapter are not admissible as evidence in any legal proceeding outside this chapter, except guardianship or dependency, without the written consent of the minor or the minor's parent.


          Sec. 8. RCW 9.94A.110 and 1999 c 197 s 3 and 1999 c 196 s 4 are each reenacted and amended to read as follows:

          (1) Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. The sentencing hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing hearing.

          Except in cases where the defendant shall be sentenced to a term of total confinement for life without the possibility of release or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, the court may order the department to complete a risk assessment report. If available before sentencing, the report shall be provided to the court.

          Unless specifically waived by the court, the court shall order the department to complete a chemical dependency screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW where the court finds that the offender has a chemical dependency that has contributed to his or her offense. In addition, the court shall, at the time of plea or conviction, order the department to complete a presentence report before imposing a sentence upon a defendant who has been convicted of a felony sexual offense. The department of corrections shall give priority to presentence investigations for sexual offenders. If the court determines that the defendant may be a mentally ill person as defined in RCW 71.24.025, although the defendant has not established that at the time of the crime he or she lacked the capacity to commit the crime, was incompetent to commit the crime, or was insane at the time of the crime, the court shall order the department to complete a presentence report before imposing a sentence.

          The court shall consider the risk assessment report and presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the sentence to be imposed.

          If the court is satisfied by a preponderance of the evidence that the defendant has a criminal history, the court shall specify the convictions it has found to exist. All of this information shall be part of the record. Copies of all risk assessment reports and presentence reports presented to the sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be sent to the department by the clerk of the court at the conclusion of the sentencing and shall accompany the offender if the offender is committed to the custody of the department. Court clerks shall provide, without charge, certified copies of documents relating to criminal convictions requested by prosecuting attorneys.

          (2) To prevent wrongful disclosure of information related to mental health services, as defined in sections 2 and 3 of this act, a court may take only those steps necessary during a sentencing hearing or any hearing in which the department presents information related to mental health services to the court. The steps may be taken on motion of the defendant, the prosecuting attorney, or on the court's own motion. The court may seal the portion of the record relating to information relating to mental health services, exclude the public from the hearing during presentation or discussion of information relating to mental health services, or grant other relief to achieve the result intended by this subsection, but nothing in this subsection shall be construed to prevent the subsequent release of information related to mental health services as authorized by sections 2 through 4 of this act. Any person who otherwise is permitted to attend any hearing pursuant to chapter 7.69 or 7.69A RCW shall not be excluded from the hearing solely because the department intends to disclose or discloses information related to mental health services."


          Correct the title.

 

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6502            Prime Sponsor, Committee on Senate Health & Long-Term Care: Changing provisions on long-term care training. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Schual-Berke, Democratic Vice Chair; Alexander; Campbell; Conway; Edmonds; Edwards; Mulliken; Pennington and Ruderman.


          Voting yea: Representatives Cody, Parlette, Pflug, Schual-Berke, Alexander, Campbell, Conway, Edmonds, Edwards, Mulliken, Pennington and Ruderman.


          Referred to Committee on Appropriations.


February 25, 2000

SSB 6525            Prime Sponsor, Committee on Senate Environmental Quality & Water Resources: Prioritizing the processing of applications for water rights changes and transfers. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. In order to help reduce the current backlog of applications for changes, transfers, or amendments of existing water rights, the legislature intends to allow the processing of applications for such changes, transfers, or amendments without regard to possible impairment of pending applications for new water rights. While the legislature intends to assist the processing of such changes, transfers, and amendments, it does not intend to divert the department of ecology's efforts or in any other way deter the processing of applications for new water rights.

          The legislature finds that information provided by the public helps to assure compliance with the requirements of current law regarding decisions on applications for changes, transfers, or amendments of existing water rights.


          Sec. 2. RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as follows:

          As used in this chapter unless the context clearly requires otherwise:

          (1) "Application for change" means an application filed under RCW 90.03.380, 90.03.390, 90.44.100, or 90.44.105.

          (2) "Department" means the department of ecology;

          (((2))) (3) "Director" means the director of ecology; and

          (((3))) (4) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.

          (5) "Same water source" means a ground water body or surface water body, including a stream, stream system, lake, or reservoir and any spring water or underground water that is part of or tributary to the surface water body or aquifer, that the department determines to be an independent water body for the purposes of water rights administration.


          NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:

          (1) The department may process and render decisions on an application for change independently from processing and making decisions on pending applications for new water rights from the same water source without regard to the dates on which the applications for the new rights were filed.

          (2) Except as provided in this section, the department and a water conservancy board shall process applications for change from the same water source in the order in which they were filed with the department or the board. The exceptions are:

          (a) The proposed change, transfer, or amendment would alleviate a public health and safety emergency or otherwise preserve public health and safety;

          (b) There is insufficient information to render a decision on a senior application or applications for change, and the information cannot be obtained in a timely manner;

          (c) The proposed change, transfer, or amendment was filed by a claimant in a water rights adjudication, and a decision is needed expeditiously to ensure that orders or decrees of the superior court will be representative of the current water situation;

          (d) The proposed change, transfer, or amendment will move a point of diversion or withdrawal, or replace a diversion with a withdrawal, or replace a withdrawal with a diversion, or change the season of use, when it assists in the recovery of fish listed under the federal endangered species act as threatened or endangered;

          (e) The proposed change, transfer, or amendment or group of changes, transfers, or amendments will result in providing public water supplies for at least one city and one town or at least two cities and will meet the general needs of the public for a regional area;

          (f) The proposed change, transfer, or amendment is for the purposes of a temporary or preliminary permit, for a seasonal change under RCW 90.03.390, or for an emergent or emergency circumstance under RCW 43.83B.410 or 90.03.383(7); or

          (g) The processing of a proposed certificate submitted to the department under chapter 90.80 RCW.

          (3) The department, any other state agency, or a water conservancy board shall not require an applicant to give up a valid right or claim to any part of the applicant's water right.

          (4) The department may adopt rules to implement this section, but such rules must strictly adhere to the provisions of this section.

          (5) Pending applications for new water rights are not entitled to protection from impairment or given priority for any available water if the department or a water conservancy board processes an application for change from the same water source. New water rights issued after an application for change is approved from the same water source are not entitled to protection from impairment or priority for any available water in relation to the changed, transferred, or amended water right regardless of the dates on which the applications were filed with the department or the board.

          (6) Notice of an application for change of a water right must be published for the same period and in the same manner as prescribed for an application for a permit by RCW 90.03.280 in the county or counties in which water for the right is withdrawn or diverted and used, although the department may also post notice of the application on the internet at an electronic site containing other departmental information. The department or water conservancy board shall consider all comments received in writing by mail or personal delivery that are received within thirty days of the date of the last newspaper publication of the notice required under RCW 90.03.280.

          (7) As used in this section, "water conservancy board" or "board" means a water conservancy board created under chapter 90.80 RCW.


          NEW SECTION. Sec. 4. A new section is added to chapter 90.66 RCW to read as follows:

          This chapter does not apply to the donation or transfer of a water right to the trust water rights systems administered by the department or to transfers, changes, or amendments of rights to water established under this chapter to any use other than an irrigation use of water. Nothing in this chapter may be construed as prohibiting the transfer, change, or amendment of a right or a portion of a right established through the issuance of a permit under this chapter to a purpose of use other than an irrigation use of water. However, following such a transfer, change, or amendment to a use other than an irrigation use of water, any subsequent transfer, change, or amendment of the right or portion of the right to an irrigation use of water is governed by the limitations established by this chapter."


          Correct the title.

 

Signed by Representatives G. Chandler, Republican Co-Chair; Koster, Republican Vice Chair; B. Chandler; Delvin; Fortunato; Grant; Schoesler and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representatives Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Anderson; Reardon; Stensen and Wood.


          Voting yea: Representatives G. Chandler, Koster, B. Chandler, Delvin, Fortunato, Grant, Schoesler and Sump.

          Voting nay: Representatives Linville, Cooper, Anderson, Reardon, Stensen and Wood.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SSB 6552            Prime Sponsor, Committee on Senate Ways & Means: Studying recreational opportunities available in the west slope of the Cascade foothills. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. The legislature finds that the population of the Puget Sound region will grow by more than a million and a half by 2020, and that current and new residents will seek greater opportunities for outdoor recreation within a reasonable distance from their homes. Changing demographics, healthier and more active lifestyles, and improvements in recreation technology will all lead to growing public demand for areas and facilities in which to recreate. The west slope Cascade foothills, from the international border south through Thurston county, provide a wealth of existing and potential outdoor recreation areas that are close to the great majority of the urbanized areas of Puget Sound. Within this area are many public lands, including state park units, that may provide the nucleus for a network of lands accessible for diverse recreational uses by people of all ages, physical capacities, and recreational preferences.

          The legislature further finds that the Cascade foothills are home to many permanent residents who benefit from the natural resource and lifestyle amenities of the foothills, and that expanding recreational opportunities in the foothills must be consistent with the long-term sustainability of the local economies. The west slope Cascade foothills also are an integral part of the "mountains to sound" region and provide significant benefits to the entire region, including watershed protection, wildlife habitat, flood damage reduction, and scenic values. A review of outdoor recreational needs and opportunities in the foothills should include consideration of these benefits and the need for protection of these functions and values.


          NEW SECTION. Sec. 2. (1) As used in this section and section 1 of this act, "Cascade foothills," "west slope Cascade foothills," and "Cascade foothills area" means the generally nonurbanized area within the Cascade mountain range and drainages lying between three hundred and three thousand feet above mean sea level, and located within the counties of Whatcom, Skagit, Snohomish, King, Pierce, and Thurston. Lands lying at lower elevations that are in the immediate vicinity of the foothills area, such as lower drainages, are also included within this term. These lands include public lands that are devoted to developed, nonrecreational uses. This definition is provided solely to guide the parks and recreation commission in the geographic scope of its study responsibilities and confers no authority upon any entity other than the commission for the study purposes of this section.

          (2) The Washington state parks and recreation commission shall review and make recommendations to the legislature and governor on the existing and future outdoor recreational needs and opportunities in the west slope Cascade foothills, recognizing the important functions and values that are provided by these lands. These include wildlife habitat, watershed protection, flood damage protection, scenic enjoyment, and economic uses, as well as the means by which more effective use of existing public lands in the foothills, assisted by willing private providers of outdoor recreation facilities, may serve to meet these needs. To this end the study should include:

          (a) An assessment of the existing and the twenty-year growth projection for recreational demand of the population residing within one-hour driving time from the Cascade foothills. This assessment shall include the types of recreational uses anticipated, demographic projections of recreational users, and developed facilities needed to serve such uses;

          (b) An inventory of existing facilities and lands accessible for recreational use within the Cascade foothills;

          (c) A review of existing local, regional, state, federal, private, and nongovernmental nonprofit entities providing outdoor recreation opportunities within the Cascade foothills and their coordination in meeting public outdoor recreation demand, as well as the role of public education of recreational users to avoid land damage;

          (d) A review of state lands within the Cascade foothills that may be managed principally or in part for outdoor recreation uses as a unit of a Cascade foothills state park, and recommendations for transitioning to such management;

          (e) A compilation of materials, obtained at no cost by the commission from other government agencies and private entities, of existing wildlife and conservation functions and values, which could be used in future evaluations of the compatibility of proposed recreational uses and activities;

          (f) Recommendations for regional coordination among public and private outdoor recreation providers to promote expanded outdoor recreation opportunities within the Cascade foothills; and

          (g) Methods to fund local, regional, and state outdoor recreation programs and facilities within the Cascade foothills.

          (3) In conducting the study, the Washington state parks and recreation commission should consult with the counties and cities within the Cascade foothills area, with other public and private land managers providing outdoor recreation opportunities to the public, and with organizations having an interest in the management, conservation, and use of public lands in the Cascade foothills.

          (4) The Washington state parks and recreation commission may accept contributions of funds or services to assist in conducting the study.

          (5) The Washington state parks and recreation commission shall provide its report covering subsection (2)(a) through (e) of this section to the governor and the senate natural resources, parks and recreation committee and the natural resources committee of the house of representatives no later than nine months after having received, through appropriation or contribution, one hundred thousand dollars to cover the costs of the study. A final report, including recommendations covering subsection (2)(f) and (g) of this section, shall be provided by July 1, 2002.


          NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 15, 2000."


          Correct the title.

 

Signed by Representatives Buck, Republican Co-Chair; Regala, Democratic Co-Chair; Anderson, Democratic Vice Chair; Doumit; Eickmeyer; Ericksen and Stensen.

 

MINORITY recommendation: Do not pass. Signed by Representatives Sump, Republican Vice Chair; G. Chandler; Clements and Pennington.


          Voting yea: Representatives Buck, Regala, Anderson, Doumit, Eickmeyer, Ericksen, Rockefeller and Stensen.

          Voting nay: Representatives Sump, G. Chandler, Clements and Pennington.


          Referred to Committee on Appropriations.


February 24, 2000

ESB 6555            Prime Sponsor, Senator Long: Ordering a study of evaluations of children needing long-term care. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 74.14A.050 and 1998 c 245 s 149 are each amended to read as follows:

          The secretary shall:

          (1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;

          (b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

          (i) Placement within the foster care system for two years or more;

          (ii) Multiple foster care placements;

          (iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

          (iv) Chronic behavioral or educational problems;

          (v) Repetitive criminal acts or offenses;

          (vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

          (vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

          (2) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by January 1, 1995;

          (3) Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within ((thirty)) sixty days of placement;

          (4) By region, report to the legislature on the following using aggregate data every six months beginning December 31, 2000:

          (a) The number of children evaluated during the first sixty days of placement as required in subsection (3) of this section;

          (b) The tool or tools used to evaluate children, including the content of the tool and the method by which the tool was validated;

          (c) The findings from the evaluation regarding the children's needs;

          (d) How the department used the results of the evaluation to provide services to the foster child to meet his or her needs;

          (e) Whether and how the evaluation results assisted the department in providing appropriate services to the child, matching the child with an appropriate care provider early on in the child's placement and achieving the child's permanency plan in a timely fashion; and

          (f) The provisions of this subsection are not retroactive. The data reporting applies to placements made on and after the effective date of this act.

          (5) Each region of the department shall make the appropriate number of referrals to the foster care assessment program to ensure that the services offered by the program are used to the extent funded pursuant to the department's contract with the program. The department shall report to the legislature by November 30, 2000, on the number of referrals, by region, to the foster care assessment program. If the regions are not referring an adequate number of cases to the program, the department shall include in its report an explanation of what action it is or has taken to ensure that the referrals are adequate.

          (6) The department shall report to the legislature by December 15, 2000, on how it will use the foster care assessment program model to assess children as they enter out-of-home care.

          (7) The department is to accomplish the tasks listed in subsections (4) through (6) of this section within existing resources.

          (8) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

          (((5))) (9) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth;

          (((6))) (10) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and

          (((7))) (11) Study and develop a statutory proposal for the emancipation of minors."


          Correct the title.

 

Signed by Representatives D. Sommers, Republican Co-Chair; Tokuda, Democratic Co-Chair; Boldt, Republican Vice Chair; Kagi, Democratic Vice Chair; Campbell; Carrell; Dickerson; Eickmeyer; Kastama and Pflug.


          Voting yea: Representatives D. Sommers, Tokuda, Boldt, Kagi, Campbell, Carrell, Dickerson, Eickmeyer, Kastama and Pflug.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SSB 6557            Prime Sponsor, Committee on Senate Commerce, Trade, Housing & Financing: Allowing credit unions to conduct raffles. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


          On page 2, line 32, after "law." insert "All revenue less prizes and expenses received from raffles conducted by credit unions must be devoted to purposes authorized under this section for charitable and nonprofit organizations."

 

Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; McIntire and McMorris.

 

MINORITY recommendation: Do not pass. Signed by Representative Hurst.


          Voting yea: Representatives Clements, Conway, B. Chandler, Wood, McIntire and McMorris.

          Voting nay: Representative Hurst.

          Excused: Representative Lisk.


          Passed to Rules Committee for Second Reading.


February 24, 2000

ESSB 6559          Prime Sponsor, Committee on Senate Education: Notifying parents of school programs leading to college credit. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:

          (1) Beginning with the 2000-01 school year, the superintendent of public instruction shall notify senior high schools and any other public school that includes ninth grade of the names and contact information of public and private entities offering programs leading to college credit, including information about online advanced placement classes, if the superintendent has knowledge of such entities and if the cost of reporting these entities is minimal.

          (2) Beginning with the 2000-01 school year, each senior high school and any other public school that includes ninth grade shall publish annually and deliver by United States mail to each parent with children enrolled in ninth through twelfth grades, information concerning the entrance requirements and the availability of programs in the local area that lead to college credit, including classes such as advanced placement, running start, tech-prep, skill centers, college in the high school, and international baccalaureate programs. In addition, each senior high school and any other public school that includes ninth grade shall enclose information of the names and contact information of other public or private entities offering such programs, including online advanced placement programs, to its ninth through twelfth grade students if the school has knowledge of such entities."


          Correct the title.

 

Signed by Representatives Quall, Democratic Co-Chair; Haigh, Democratic Vice Chair; Carlson; Keiser; Rockefeller; Santos; D. Schmidt; Schual-Berke and Stensen.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Schindler, Republican Vice Chair; Cox; Thomas and Wensman.


          Voting yea: Representatives Quall, Talcott, Haigh, Carlson, Keiser, Rockefeller, Santos, Schmidt, Schual-Berke and Stensen.

          Voting nay: Representatives Schindler, Cox, Thomas and Wensman.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESB 6561            Prime Sponsor, Senator Rossi: Designating the Washington national guard as a law enforcement agency for the purposes of federal drug asset forfeiture laws. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Haigh and D. Schmidt.

 

MINORITY recommendation: Do not pass. Signed by Representatives Campbell, Republican Vice Chair; Dunshee and Lambert.


          Voting yea: Representatives McMorris, Romero, Miloscia, Haigh and Schmidt.

          Voting nay: Representatives Campbell, Dunshee and Lambert.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SB 6570               Prime Sponsor, Senator Hargrove: Providing additional judicial authority in truancy petitions. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


          On page 2, line 20, after "alcohol" insert "and adhere to the recommendations of the drug assessment at no expense to the school"

 

Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Haigh, Democratic Vice Chair; Schindler, Republican Vice Chair; Cox; Keiser; Rockefeller; Santos; D. Schmidt; Schual-Berke; Stensen; Thomas and Wensman.


          Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, Schmidt, Schual-Berke, Stensen, Thomas and Wensman.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6622               Prime Sponsor, Senator Shin: Designating Asian Pacific American Heritage Month. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.


          Voting yea: Representatives McMorris, Romero, Campbell, Miloscia, Dunshee, Haigh, Lambert and Schmidt.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SSB 6643            Prime Sponsor, Committee on Senate State & Local Government: Modifying growth management planning population requirements. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


          Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6644            Prime Sponsor, Committee on Senate State & Local Government: Making technical corrections to fire protection laws. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; DeBolt; Keiser; Quall; Santos; Sullivan and Talcott.


          Voting yea: Representatives Benson, Hatfield, Bush, McIntire, Barlean, Cairnes, DeBolt, Keiser, Quall, Santos, Sullivan and Talcott.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SSB 6645            Prime Sponsor, Committee on Senate Higher Education: Extending the future teachers conditional scholarship program for classified employees and modifying the program. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 28B.102.010 and 1987 c 437 s 1 are each amended to read as follows:

          The legislature finds that encouraging outstanding students and classified employees to enter the teaching profession is of paramount importance to the state of Washington. By creating the future teachers conditional scholarship program, the legislature intends to assist in the effort to recruit as future teachers, students who have distinguished themselves through outstanding academic achievement, individuals who have demonstrated their commitment to children and education as classified employees, and ((students)) individuals who can act as role models for children ((including those from targeted ethnic minorities)). The legislature urges business, industry, and philanthropic community organizations to join with state government in making this program successful.


          Sec. 2. RCW 28B.102.020 and 1996 c 53 s 1 are each amended to read as follows:

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

          (1) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a teacher in an approved education program in this state.

          (2) "Institution of higher education" or "institution" means a college or university in the state of Washington which is accredited by an accrediting association recognized as such by rule of the higher education coordinating board.

          (3) "Board" means the higher education coordinating board.

          (4) "Classified employee" means an employee of a school district or educational service district who does not hold a Washington teaching certificate.

          (5) "Eligible student" means a student who is registered for at least ten credit hours or the equivalent, demonstrates achievement of at least a 3.30 grade point average for students entering an institution of higher education directly from high school or maintains at least a 3.00 grade point average or the equivalent for each academic year in an institution of higher education, is a resident student as defined by RCW 28B.15.012 and 28B.15.013, and has a declared intention to complete an approved preparation program leading to initial teacher certification or required for earning an additional endorsement, or a college or university graduate who meets the same credit hour requirements and is seeking an additional teaching endorsement or initial teacher certification. Resident students defined in RCW 28B.15.012(2)(e) are not eligible students under this chapter.

          (((5))) (6) "Public school" means an elementary school, a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution.

          (((6))) (7) "Forgiven" or "to forgive" or "forgiveness" means to render service as a teacher in an approved education program in the state of Washington in lieu of monetary repayment.

          (((7))) (8) "Satisfied" means paid-in-full.

          (((8))) (9) "Participant" means an eligible student or classified employee who has received a conditional scholarship under this chapter.

          (((9) "Targeted ethnic minority")) (10) "Historically underrepresented populations" means ((a)) groups of Americans ((with a common ethnic or racial heritage selected)) identified by the board ((for program consideration due to societal concerns such as high dropout rates or low rates of college participation by members of the group)) because their participation in college has been significantly lower than their representation in the overall population.

          (((10))) (11) "Approved education program" means an education program in the state of Washington for knowledge and skills generally learned in preschool through twelfth grade. Approved education programs may include but are not limited to:

          (a) K-12 schools under Title 28A RCW;

          (b) Early childhood education and assistance programs under RCW 28A.215.100 through 28A.215.200 or the federal head start program;

          (c) An approved school under chapter 28A.195 RCW;

          (d) Education centers under chapter 28A.205 RCW;

          (e) English as a second language programs and programs leading to high school graduation or the equivalency operated by community or technical colleges; and

          (f) Tribal schools in Washington approved by the federal bureau of Indian affairs.

          (12) "Equalization charge" means the additional amount added to the principle of the loan in order to equate the debt to that which the participant would have incurred if the loan had been received through the federal subsidized Stafford student loan program. The equalization charge is only applied to those participants who fail to satisfy their teaching obligation and are required to repay all or part of the conditional scholarship.

          (13) "Teacher shortage area" means an area where there is a shortage of preschool, elementary, or secondary school teachers and can be designated in a specific subject matter, discipline classification, or geographic area as identified by the office of superintendent of public instruction.


          Sec. 3. RCW 28B.102.030 and 1987 c 437 s 3 are each amended to read as follows:

          The future teachers conditional scholarship program is established. The program shall include scholarships for eligible students and classified employees. The program shall be administered by the higher education coordinating board. In administering the program, the board shall have the following powers and duties:

          (1) Select students and classified employees to receive conditional scholarships, with the assistance of a screening committee composed of teachers, representatives of classified employees, and leaders in government, business, and education;

          (2) Adopt necessary rules and guidelines;

          (3) Publicize the program, including special efforts to recruit historically underrepresented populations to apply for the program;

          (4) Collect and manage repayments from ((students)) participants who do not meet their teaching obligations under this chapter; and

          (5) Solicit and accept grants and donations from public and private sources for the program.


          Sec. 4. RCW 28B.102.040 and 1987 c 437 s 4 are each amended to read as follows:

          The higher education coordinating board shall establish a planning committee to develop criteria for the screening and selection of recipients of the conditional scholarships. These criteria shall emphasize factors demonstrating excellence including but not limited to superior scholastic achievement, leadership ability, community contributions, and an ability to act as a role model for ((targeted ethnic minority)) students. These criteria also may include, for approximately half of the recipients, requirements that those recipients meet the definition of "needy student" under RCW 28B.10.802.


          Sec. 5. RCW 28B.102.050 and 1987 c 437 s 5 are each amended to read as follows:

          The board may award conditional scholarships to classified employees and eligible students from the funds appropriated to the board for this purpose, or from any private donations, or any other funds given to the board for this program. The amount of the conditional scholarship awarded an individual shall not exceed ((three thousand dollars per academic year)) four thousand dollars in the 2000-01 academic year. The board may adjust the annual award by the rate of undergraduate, resident tuition increases at the public four-year research universities. ((Students)) Participants are eligible to receive conditional scholarships for a maximum of five years.


          Sec. 6. RCW 28B.102.060 and 1996 c 53 s 2 are each amended to read as follows:

          (1) Participants in the conditional scholarship program incur an obligation to repay the conditional scholarship, with interest and with an equalization charge, unless they teach for two years in an approved education program for each year of scholarship received, under rules adopted by the board. Participants who teach in a designated teacher shortage area shall have one year of loan forgiven for each year they teach in the shortage area.

          (2) The interest rate on new loans shall be ((eight percent for the first four years of repayment and ten percent beginning with the fifth year of repayment)) determined annually by the board. The annual interest rate should generally parallel the current rate for new loans in the primary federal student loan program for undergraduate students. Participants who fail to complete the teaching service shall incur an equalization charge of not more than three percent of the remaining unforgiven balance. The equalization charge shall be added to the remaining balance and repaid by the participant.

          (3) The minimum payment shall be set by the board, but shall not be less than fifty dollars per month. The maximum period for repayment shall be ten years, with payments of principal and interest accruing quarterly commencing nine months from the date the participant completes or discontinues the course of study. Provisions for deferral of payment shall be determined by the board.

          (4) The entire principal and interest of each payment shall be forgiven for each payment period in which the participant teaches in an approved education program until the entire repayment obligation is satisfied. Should the participant cease to teach in an approved education program in this state before the participant's repayment obligation is completed, payments on the unsatisfied portion of the principal and interest shall begin the next payment period and continue until the remainder of the participant's repayment obligation is satisfied.

          (5) The board is responsible for collection of repayments made under this section and shall exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using the full extent of the law, including wage garnishment if necessary. The board is responsible to forgive all or parts of such repayments under the criteria established in this section and shall maintain all necessary records of forgiven payments.

          (6) Receipts from the payment of principal or interest or any other subsidies to which the board as administrator is entitled, which are paid by or on behalf of participants under this section, shall be deposited with the higher education coordinating board and shall be used to cover the costs of granting the conditional scholarships, maintaining necessary records, and making collections under subsection (5) of this section. The board shall maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant conditional scholarships to classified employees and eligible students.

          (7) ((The board shall temporarily or, in special circumstances, permanently defer the requirements of this section for eligible students as defined in RCW 28B.10.017.

          (8))) The board may cancel a recipient's repayment obligation due to the recipient's total and permanent disability or death, subject to documentation as required by the board.

          (((9))) (8) This section applies to recipients of conditional scholarships awarded before or after July 1, 1996.


          NEW SECTION. Sec. 7. A new section is added to chapter 28B.102 RCW to read as follows:

          The future teachers conditional scholarship account is created in the custody of the state treasurer. All receipts from moneys appropriated from the legislature for the future teachers conditional scholarship program, private contributions to the program, and receipts from participant repayments must be deposited into the account. Expenditures from the account may be used only for conditional loans to participants and for the board's administrative costs associated with the awarding, tracking, and collection of the loans. Only the executive director of the higher education coordinating board or the executive director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. With the exception of operating costs associated with the management of the account by the treasurer's office as authorized in chapter 43.79A RCW, the account shall be credited with all investment income earned by the account.


          Sec. 8. RCW 43.79A.040 and 1999 c 384 s 8 and 1999 c 182 s 2 are each reenacted and amended to read as follows:

          (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

          (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

          (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

          (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

          (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The future teachers conditional scholarship account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility grant account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

          (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

          (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section."


          Correct the title.

 

Signed by Representatives Carlson, Republican Co-Chair; Kenney, Democratic Co-Chair; Lantz, Democratic Vice Chair; Radcliff, Republican Vice Chair; Dunn; Edmonds; Esser and Gombosky.


          Voting yea: Representatives Carlson, Kenney, Lantz, Radcliff, Dunn, Edmonds, Esser and Gombosky.


          Referred to Committee on Appropriations.


February 25, 2000

SSB 6675            Prime Sponsor, Committee on Senate Energy, Technology & Telecommunications: Allowing public utility districts and rural port districts to provide telecommunications services. Reported by Committee on Technology, Telecommunications & Energy

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. The legislature makes the following findings:

          (1) Access to telecommunications facilities and services is essential to the economic well-being of both rural and urban areas.

          (2) Many persons and entities, particularly in rural areas, do not have adequate access to telecommunications facilities and services.

          (3) Public utility districts and rural port districts may be well-positioned to construct and operate telecommunications facilities.


          NEW SECTION. Sec. 2. A new section is added to chapter 54.16 RCW to read as follows:

          The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

          (1) "Commission" means the Washington utilities and transportation commission.

          (2) "Telecommunications" has the same meaning as that contained in RCW 80.04.010.

          (3) "Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by any entity to facilitate the provision of telecommunications services.

          (4) "Wholesale telecommunications services" means the provision of telecommunications services or facilities for resale by an entity authorized to provide telecommunications services to the general public.


          NEW SECTION. Sec. 3. A new section is added to chapter 54.16 RCW to read as follows:

          (1) A public utility district in existence on the effective date of this act may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes:

          (a) For the district's internal telecommunications needs;

          (b) For the provision of wholesale telecommunications services within the district's limits, except for within cities having populations greater than seventy thousand as of the effective date of this act; and

          (c) By contract with another public utility district, for the provision of wholesale telecommunications services within another public utility district's limits, except for within cities having populations greater than seventy thousand as of the effective date of this act.

          Nothing in this subsection shall be construed to authorize public utility districts to provide telecommunications services to end users.

          (2) A public utility district providing wholesale telecommunications services shall ensure that rates, terms, and conditions for such services are not unduly or unreasonably discriminatory or preferential. Rates, terms, and conditions are discriminatory or preferential when a public utility district offering rates, terms, and conditions to an entity for wholesale telecommunications services does not offer substantially similar rates, terms, and conditions to all other entities seeking substantially similar services.

          (3) When a public utility district establishes a separate utility function for the provision of wholesale telecommunications services, it shall account for any and all revenues and expenditures related to its wholesale telecommunications facilities and services separately from revenues and expenditures related to its internal telecommunications operations. Any revenues received from the provision of wholesale telecommunications services must be dedicated to the utility function that includes the provision of wholesale telecommunications services for costs incurred to build and maintain the telecommunications facilities until such time as any bonds or other financing instruments executed after the effective date of this act and used to finance the telecommunications facilities are discharged or retired.

          (4) When a public utility district establishes a separate utility function for the provision of wholesale telecommunications services, all telecommunications services rendered by the separate function to the district for the district's internal telecommunications needs shall be charged at its true and full value. A public utility district may not charge its nontelecommunications operations rates that are preferential or discriminatory compared to those it charges entities purchasing wholesale telecommunications services.

          (5) A public utility district shall not exercise powers of eminent domain to acquire telecommunications facilities or contractual rights held by any other person or entity to telecommunications facilities.

          (6) Except as otherwise specifically provided, a public utility district may exercise any of the powers granted to it under this title and other applicable laws in carrying out the powers authorized under this section. Nothing in this act limits any existing authority of a public utility district under this title.


          NEW SECTION. Sec. 4. A new section is added to chapter 54.16 RCW to read as follows:

          (1) Prior to financing or constructing telecommunications facilities for the provision of wholesale telecommunications services, a public utility district shall:

          (a) Develop a written implementation plan stating the district's intent to provide wholesale telecommunications services which must include:

          (i) A general description of how the district intends to engage in the provision of wholesale telecommunications services under section 3 of this act; and

          (ii) A discussion of how the public interest shall be served by the provision of wholesale telecommunications services; and

          (b) Present the implementation plan to the district's commission, and make the plan available to the general public. The commission shall conduct at least three public hearings throughout the district to take public comment on the implementation plan. At least two weeks prior to each public hearing, a notice that includes a general description of the implementation plan and the date and place of hearing shall be published in a newspaper of general circulation in the county in which the district is located.

          (2) After the public hearings, the commission may adopt, alter, or reject the implementation plan by resolution. Within ninety days after the adoption of such resolution, a petition signed by at least ten percent of the registered voters in the district may be submitted to the commission requiring the subject of the resolution be put to a vote of the people in the district.

          (3) If a petition meets the requirements of subsection (2) of this section, the commission shall submit the resolution to the legislative authority of the county in which the district is located. Upon receipt of the resolution, the legislative authority shall submit a proposal to the voters of the district at the next general election regarding the question of providing wholesale telecommunications services in the district in substantially the following terms:

 

Shall Public Utility District No. . . . . of . . . . . . . . County be authorized to provide wholesale telecommunications services within the boundaries of the district?

                            Yes . . .

                            No . . .

 

          Within ten days after such an election, the election board of the county shall canvass the returns, and if at such an election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the authority to provide wholesale telecommunications services.

          (4) A public utility district providing wholesale telecommunications services shall submit a report to the appropriate committees of the legislature by December 1st of the second year of each biennium. The report must include, at a minimum, a description of the following activities:

          (a) All activities relating to the construction, acquisition, operation, marketing, and leasing of telecommunications facilities and wholesale telecommunications services; and

          (b) The number of new locations connected to the telecommunications facilities resulting from the provision of wholesale telecommunications services to enhanced service providers and entities authorized to provide telecommunications services to the general public.


          NEW SECTION. Sec. 5. A new section is added to chapter 54.16 RCW to read as follows:

          (1) A person or entity that has requested wholesale telecommunications services from a public utility district providing wholesale telecommunications services under this chapter may petition the commission under the procedures set forth in RCW 80.04.110 (1) through (3) if it believes the district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential. The person or entity shall provide the public utility district notice of its intent to petition the commission and an opportunity to review within thirty days the rates, terms, and conditions as applied to it prior to submitting its petition. In determining whether a district is providing discriminatory or preferential rates, terms, and conditions, the commission may consider such matters as service quality, cost of service, technical feasibility of connection points on the district's facilities, time of response to service requests, system capacity, and other matters reasonably related to the provision of wholesale telecommunications services. If the commission, after notice and hearing, determines that a public utility district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential, it shall issue a final order finding noncompliance with this section and setting forth the specific areas of apparent noncompliance. An order imposed under this section shall be enforceable in any court of competent jurisdiction.

          (2) The commission may order a public utility district to pay a share of the costs incurred by the commission in connection with adjudicating or enforcing the provisions of this section.

          (3) Without limiting other remedies at law or equity, the commission and prevailing party may also seek injunctive relief to compel compliance with an order.

          (4) Nothing in this section shall be construed to affect the commission's authority and jurisdiction with respect to actions, proceedings, or orders permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).


          NEW SECTION. Sec. 6. A new section is added to chapter 53.08 RCW to read as follows:

          The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

          (1) "Commission" means the Washington utilities and transportation commission.

          (2) "Rural port district" means a port district formed under chapter 53.04 RCW and located in a county with an average population density of fewer than one hundred persons per square mile.

          (3) "Telecommunications" has the same meaning as contained in RCW 80.04.010.

          (4) "Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by any entity to facilitate the provision of telecommunications services.

          (5) "Wholesale telecommunications services" means the provision of telecommunications services or facilities for resale by an entity authorized to provide telecommunications services to the general public.


          NEW SECTION. Sec. 7. A new section is added to chapter 53.08 RCW to read as follows:

          (1) A rural port district in existence on the effective date of this act may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes:

          (a) For the district's own use; and

          (b) For the provision of wholesale telecommunications services within the district's limits. Nothing in this subsection shall be construed to authorize rural port districts to provide telecommunications services to end users.

          (2) A rural port district providing wholesale telecommunications services under this section shall ensure that rates, terms, and conditions for such services are not unduly or unreasonably discriminatory or preferential. Rates, terms, and conditions are discriminatory or preferential when a rural port district offering such rates, terms, and conditions to an entity for wholesale telecommunications services does not offer substantially similar rates, terms, and conditions to all other entities seeking substantially similar services.

          (3) When a rural port district establishes a separate utility function for the provision of wholesale telecommunications services, it shall account for any and all revenues and expenditures related to its wholesale telecommunications facilities and services separately from revenues and expenditures related to its internal telecommunications operations. Any revenues received from the provision of wholesale telecommunications services must be dedicated to the utility function that includes the provision of wholesale telecommunications services for costs incurred to build and maintain the telecommunications facilities until such time as any bonds or other financing instruments executed after the effective date of this act and used to finance the telecommunications facilities are discharged or retired.

          (4) When a rural port district establishes a separate utility function for the provision of wholesale telecommunications services, all telecommunications services rendered by the separate function to the district for the district's internal telecommunications needs shall be charged at its true and full value. A rural port district may not charge its nontelecommunications operations rates that are preferential or discriminatory compared to those it charges entities purchasing wholesale telecommunications services.

          (5) A rural port district shall not exercise powers of eminent domain to acquire telecommunications facilities or contractual rights held by any other person or entity to telecommunications facilities.

          (6) Except as otherwise specifically provided, a rural port district may exercise any of the powers granted to it under this title and other applicable laws in carrying out the powers authorized under this section. Nothing in this act limits any existing authority of a rural port district under this title.


          NEW SECTION. Sec. 8. A new section is added to chapter 53.08 RCW to read as follows:

          (1) Prior to financing or constructing telecommunications facilities for the provision of wholesale telecommunications services, a rural port district shall:

          (a) Develop a written implementation plan stating the district's intent to provide wholesale telecommunications services which must include:

          (i) A general description of how the district intends to engage in the provision of wholesale telecommunications services under section 7 of this act; and

          (ii) A discussion of how the public interest shall be served by the provision of wholesale telecommunications services; and

          (b) Present the implementation plan to the district's commission, and make the plan available to the general public. The commission shall conduct at least three public hearings throughout the district to take public comment on the implementation plan. At least two weeks prior to each public hearing, a notice that includes a general description of the implementation plan and the date and place of hearing shall be published in a newspaper of general circulation in the county in which the district is located.

          (2) After the public hearings, the commission may adopt, alter, or reject the implementation plan by resolution. Within ninety days after adoption of such resolution, a petition signed by at least ten percent of the registered voters in the district may be submitted to the commission requiring the subject of the resolution be put to a vote of the people in the district.

          (3) If a petition meets the requirements of subsection (2) of this section, the commission shall submit the resolution to the legislative authority of the county in which the district is located. Upon receipt of the resolution, the legislative authority shall submit a proposal to the voters of the district at the next general election regarding the question of providing wholesale telecommunications services in the district in substantially the following terms:

 

Shall Port District No. . . . . of . . . . . . . . County be authorized to provide wholesale telecommunications services within the boundaries of the district?

Yes . . .

No . . .

 

          Within ten days after such an election, the election board of the county shall canvass the returns, and if at such an election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the authority to provide wholesale telecommunications services.

          (4) A rural port district providing wholesale telecommunications services shall submit a report to the appropriate committees of the legislature by December 1st of the second year of each biennium. The report must include, at a minimum, a description of the following activities:

          (a) All activities relating to the construction, acquisition, operation, marketing, and leasing of telecommunications facilities and wholesale telecommunications services; and

          (b) The number of new locations connected to the telecommunications facilities resulting from the provision of wholesale telecommunications services to enhanced service providers and entities authorized to provide telecommunications services to the general public.


          NEW SECTION. Sec. 9. A new section is added to chapter 53.08 RCW to read as follows:

          (1) A person or entity that has requested wholesale telecommunications services from a rural port district may petition the commission under the procedures set forth in RCW 80.04.110 (1) through (3) if it believes the district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential. The person or entity shall provide the district notice of its intent to petition the commission and an opportunity to review within thirty days the rates, terms, and conditions as applied to it prior to submitting its petition. In determining whether a district is providing discriminatory or preferential rates, terms, and conditions, the commission may consider such matters as service quality, technical feasibility of connection points on the district's telecommunications facilities, time of response to service requests, system capacity, and other matters reasonably related to the provision of wholesale telecommunications services. If the commission, after notice and hearing, determines that a rural port district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential, it shall issue a final order finding noncompliance with this section and setting forth the specific areas of apparent noncompliance. An order imposed under this section shall be enforceable in any court of competent jurisdiction.

          (2) The commission may order a rural port district to pay a share of the costs incurred by the commission in adjudicating or enforcing this section.

          (3) Without limiting other remedies at law or equity, the commission and prevailing party may also seek injunctive relief to compel compliance with an order.

          (4) Nothing in this section shall be construed to affect the commission's authority and jurisdiction with respect to actions, proceedings, or orders permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).


          NEW SECTION. Sec. 10. A new section is added to chapter 80.01 RCW to read as follows:

          The commission is authorized to perform the duties required by sections 5 and 9 of this act."


          Correct the title.

 

Signed by Representatives Crouse, Republican Co-Chair; Poulsen, Democratic Co-Chair; DeBolt, Republican Vice Chair; Ruderman, Democratic Vice Chair; Bush; Delvin; Kastama; McDonald; Morris and Wolfe.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cooper; Reardon and Thomas.


          Voting yea: Representatives Crouse, Poulsen, DeBolt, Ruderman, Bush, Delvin, Kastama, McDonald, Mielke, Morris and Wolfe.

          Voting nay: Representatives Cooper, Reardon and Thomas.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSB 6676          Prime Sponsor, Committee on Senate Energy, Technology & Telecommunications: Concerning the use of public rights of way in cities and towns. Reported by Committee on Technology, Telecommunications & Energy

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

          (1) "Cable television service" means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.

          (2) "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.

          (3) "Master permit" means the agreement in whatever form whereby a city or town may grant general permission to a service provider to enter, use, and occupy the right of way for the purpose of locating facilities. This definition is not intended to limit, alter, or change the extent of the existing authority of a city or town to require a franchise nor does it change the status of a service provider with an existing state-wide grant based on a predecessor telephone or telegraph company's existence at the time of the adoption of the Washington state Constitution to occupy the right of way. For the purposes of this subsection, a franchise, except for a cable television franchise, is a master permit. A master permit does not include cable television franchises.

          (4) "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

          (5) "Right of way" means land acquired or dedicated for public roads and streets, but does not include:

          (a) State highways;

          (b) Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;

          (c) Structures, including poles and conduits, located within the right of way;

          (d) Federally granted trust lands or forest board trust lands;

          (e) Lands owned or managed by the state parks and recreation commission; or

          (f) Federally granted railroad rights of way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law that are not open for motor vehicle use.

          (6) "Service provider" means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide and providing telecommunications or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city, or town.

          (7) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.

          (8) "Use permit" means the authorization in whatever form whereby a city or town may grant permission to a service provider to enter and use the specified right of way for the purpose of installing, maintaining, repairing, or removing identified facilities.


          NEW SECTION. Sec. 2. A city or town may grant, issue, or deny permits for the use of the right of way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services pursuant to ordinances, consistent with this act.


          NEW SECTION. Sec. 3. (1) Cities and towns may require a service provider to obtain a master permit. A city or town may request, but not require, that a service provider with an existing state-wide grant to occupy the right of way obtain a master permit for wireline facilities.

           (a) The procedures for the approval of a master permit and the requirements for a complete application for a master permit shall be available in written form. Proprietary information exempt from disclosure under RCW 42.17.310 shall not be required for a master permit.

           (b) Where a city or town requires a master permit, the city or town shall act upon a complete application within one hundred twenty days from the date a service provider files the complete application for the master permit to use the right of way, except:

          (i) With the agreement of the applicant; or

          (ii) Where the master permit requires action of the legislative body of the city or town and such action cannot reasonably be obtained within the one hundred twenty day period.

          (2) A city or town may require that a service provider obtain a use permit. A city or town must act on a request for a use permit by a service provider within thirty days of receipt of a completed application, unless a service provider consents to a different time period or the service provider has not obtained a master permit requested by the city or town.

          (a) For the purpose of this section, "act" means that the city makes the decision to grant, condition, or deny the use permit, which may be subject to administrative appeal, or notifies the applicant in writing of the amount of time that will be required to make the decision and the reasons for this time period.

          (b) Requirements otherwise applicable to holders of master permits shall be deemed satisfied by a holder of a cable franchise in good standing.

          (c) Where the master permit does not contain procedures to expedite approvals and the service provider requires action in less than thirty days, the service provider shall advise the city or town in writing of the reasons why a shortened time period is necessary and the time period within which action by the city or town is requested. The city or town shall reasonably cooperate to meet the request where practicable.

          (d) A city or town may not deny a use permit to a service provider with an existing state-wide grant to occupy the right of way for wireline facilities on the basis of failure to obtain a master permit.

          (3) The reasons for a denial of a master permit shall be supported by substantial evidence contained in a written record. A service provider adversely affected by the final action denying a master permit, or by an unreasonable failure to act on a master permit as set forth in subsection (1) of this section, may commence an action within thirty days to seek relief, which shall be limited to injunctive relief.

          (4) A service provider adversely affected by the final action denying a use permit may commence an action within thirty days to seek relief, which shall be limited to injunctive relief. In any appeal of the final action denying a use permit, the standard for review and burden of proof shall be as set forth in RCW 36.70C.130.

          (5) A city or town shall:

          (a) In order to facilitate the scheduling and coordination of work in the right of way, provide as much advance notice as reasonable of plans to open the right of way to those service providers who are current users of the right of way or who have filed notice with the clerk of the city or town within the past twelve months of their intent to place facilities in the city or town. A city is not liable for damages for failure to provide this notice. Where the city has failed to provide notice of plans to open the right of way consistent with this subsection, a city may not deny a use permit to a service provider on the basis that the service provider failed to coordinate with another project. To carry out this provision, the city or town may establish a procedure for the filing of advance plans by service providers and other users of the right of way.

          (b) Have the authority to require that facilities are installed and maintained within the right of way in such a manner and at such points so as not to inconvenience the public use of the right of way or to adversely affect the public, health, safety, and welfare.

          (c) Use any proprietary information provided and so designated by a service provider solely for the purposes that qualify the information as exempt from disclosure under this section and chapter 42.17 RCW. Information regarding the location of existing facilities and information provided as part of an application for a use permit may not be deemed proprietary and shall be public.

          (6) A service provider shall:

          (a) Obtain all permits required by the city or town for the installation, maintenance, repair, or removal of facilities in the right of way;

          (b) Comply with applicable ordinances, construction codes, regulations, and standards subject to verification by the city or town of such compliance;

          (c) Cooperate with the city or town in ensuring that facilities are installed, maintained, repaired, and removed within the right of way in such a manner and at such points so as not to inconvenience the public use of the right of way or to adversely affect the public health, safety, and welfare;

          (d) Provide information and plans as reasonably necessary to enable a city or town to comply with subsection (5) of this section, including, when notified by the city or town, the provision of advance planning information pursuant to the procedures established by the city or town;

          (e) Obtain the written approval of the facility or structure owner, if the service provider does not own it, prior to attaching to or otherwise using a facility or structure in the right of way;

          (f) Construct, install, operate, and maintain its facilities at its expense; and

          (g) Comply with applicable federal and state safety laws and standards.

          (7) Nothing in this section shall be construed as:

          (a) Creating a new duty upon city or towns to be responsible for construction of facilities for service providers or to modify the right of way to accommodate such facilities;

          (b) Creating, expanding, or extending any liability of a city or town to any third-party user of facilities or third-party beneficiary; or

          (c) Limiting the right of a city or town to require an indemnification agreement as a condition of a service provider's facilities occupying the right of way.

          (8) Nothing in this section creates, modifies, expands, or diminishes a priority of use of the right of way by a service provider or other utility, either in relation to other service providers or in relation to other users of the right of way for other purposes.


          NEW SECTION. Sec. 4. (1) A city or town shall not adopt or enforce regulations or ordinances specifically relating to use of the right of way by a service provider that:

          (a) Impose requirements that regulate the services or business operations of the service provider, except where otherwise authorized in state or federal law;

          (b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations;

          (c) Regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where otherwise authorized in state or federal law; or

          (d) Unreasonably deny the use of the right of way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services.

          (2) Nothing in this chapter, including but not limited to the provisions of subsection (1)(d) of this section, limits the authority of a city or town to regulate the placement of facilities through its local zoning or police power, if the regulations do not otherwise:

          (a) Prohibit the placement of all wireless or of all wireline facilities within the city or town, or prohibit the placement of all wireless or of all wireline facilities within city or town rights of way; or

          (b) Violate section 253 of the telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).

          (3) This section does not amend, limit, repeal, or otherwise modify the authority of cities or towns to regulate cable television services pursuant to federal law.


          NEW SECTION. Sec. 5. (1) A city or town shall not place or extend a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any facilities for personal wireless services, except as consistent with the guidelines for facilities siting implementation, as agreed to on August 5, 1998, by the federal communications commission's local and state government advisory committee, the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association. Any city or town implementing such a moratorium shall, at the request of a service provider impacted by the moratorium, participate with the service provider in the informal dispute resolution process included with the guidelines for facilities siting implementation.


          NEW SECTION. Sec. 6. (1) Cities and towns may require service providers to relocate authorized facilities within the right of way when reasonably necessary for construction, alteration, repair, or improvement of the right of way for purposes of public welfare, health, or safety.

          (2) Cities shall notify service providers as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. In calculating the date that relocation must be completed, cities shall consult with affected service providers and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the city's overall project construction sequence and constraints, to safely complete the relocation. Service providers shall complete the relocation by the date specified, unless the city, or a reviewing court, establishes a later date for completion, after a showing by the service provider that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.

          (3) Service providers may not seek reimbursement for their relocation expenses from the city or town requesting relocation under subsection (1) of this section except:

          (a) Where the service provider had paid for the relocation cost of the same facilities at the request of the city or town within the past five years, the service provider's share of the cost of relocation will be paid by the city or town requesting relocation;

          (b) Where aerial to underground relocation of authorized facilities is required by the city or town under subsection (1) of this section, for service providers with an ownership share of the aerial supporting structures, the additional incremental cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the city or town requiring relocation; and

          (c) Where the city or town requests relocation under subsection (1) of this section solely for aesthetic purposes, unless otherwise agreed to by the parties.

          (4) Where a project in subsection (1) of this section is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (1) of this section, provided that the recovery is consistent with subsection (3) of this section and other applicable laws.

          (5) A city or town may require the relocation of facilities at the service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare.


          NEW SECTION. Sec. 7. A city or town may require that a service provider that is constructing, relocating, or placing ducts or conduits in public rights of way provide the city or town with additional duct or conduit and related structures necessary to access the conduit, provided that:

          (1) The city or town enters into a contract with the service provider consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental costs of the service provider. If the city or town makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in the contract. The city or town shall inform the service provider of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the city or town.

          (2) Except as otherwise agreed by the service provider and the city or town, the city or town shall agree that the requested additional duct or conduit space and related access structures will not be used by the city or town to provide telecommunications or cable television service for hire, sale, or resale to the general public.

          (3) The city or town shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider.

          (4) The value of the additional duct or conduit requested by a city or town shall not be considered a public works construction contract.

          (5) This section shall not affect the provision of an institutional network by a cable television provider under federal law.


          Sec. 8. RCW 35.21.860 and 1983 2nd ex.s. c 3 s 39 are each amended to read as follows:

          (1) No city or town may impose a franchise fee or any other fee or charge of whatever nature or description upon the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or telephone business, as defined in RCW 82.04.065, or service provider for use of the right of way, except ((that)):

          (a) A tax authorized by RCW 35.21.865 may be imposed ((and)) on a light and power or gas distribution business;

          (b) A fee may be charged to such businesses or service providers that recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW;

          (c) Taxes permitted by state law on service providers;

          (d) Franchise requirements and fees for cable television services as allowed by federal law; and

          (e) A site-specific charge pursuant to an agreement between the city or town and a service provider of personal wireless services acceptable to the parties for:

          (i) The placement of new structures in the right of way regardless of height, unless the new structure is the result of a mandated relocation in which case no charge will be imposed if the previous location was not charged;

          (ii) The placement of replacement structures when the replacement is necessary for the installation or attachment of wireless facilities, and the overall height of the replacement structure and the wireless facility is more than sixty feet; or

          (iii) The placement of personal wireless facilities on structures owned by the city or town located in the right of way. However, a site-specific charge shall not apply to the placement of personal wireless facilities on existing structures, unless the structure is owned by the city or town.

          A city or town is not required to approve the use permit for the placement of a facility for personal wireless services that meets one of the criteria in this subsection absent such an agreement. If the parties are unable to agree on the amount of the charge, the service provider may submit the amount of the charge to binding arbitration by serving notice on the city or town. Within thirty days of receipt of the initial notice, each party shall furnish a list of acceptable arbitrators. The parties shall select an arbitrator; failing to agree on an arbitrator, each party shall select one arbitrator and the two arbitrators shall select a third arbitrator for an arbitration panel. The arbitrator or arbitrators shall determine the charge based on comparable siting agreements involving public land and rights of way. The arbitrator or arbitrators shall not decide any other disputed issues, including but not limited to size, location, and zoning requirements. Costs of the arbitration, including compensation for the arbitrator's services, must be borne equally by the parties participating in the arbitration and each party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.

          (2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or telephone business, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865 and 35.21.870 to the extent the fees exceed the costs allowable under subsection (1) of this section.


          NEW SECTION. Sec. 9. This act shall not preempt specific provisions in existing franchises or contracts between cities or towns and service providers.


          NEW SECTION. Sec. 10. A new section is added to chapter 35A.21 RCW to read as follows:

          Each code city is subject to the requirements and restrictions regarding facilities and rights of way under this chapter.


          Sec. 11. RCW 42.17.310 and 1999 c 326 s 3, 1999 c 290 s 1, and 1999 c 215 s 1 are each reenacted and amended to read as follows:

          (1) The following are exempt from public inspection and copying:

          (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

          (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

          (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

          (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

          (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

          (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

          (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

          (h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

          (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

          (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

          (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

          (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

          (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

          (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

          (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

          (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

          (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

          (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

          (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

          (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

          (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

          (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

          (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW ((18.130.140)) 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

          (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

          (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

          (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

          (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

          (bb) Financial and valuable trade information under RCW 51.36.120.

          (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

          (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

          (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

          (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

          (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

          (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.

          (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

          (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

          (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

          (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

          (mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

          (nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

          (oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

          (pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

          (qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

          (rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

          (ss) Proprietary designs, proprietary drawings, proprietary maps, and other proprietary information regarding existing or planned facilities that are provided by a service provider to a city, town, or code city that the service provider specifically identifies at the time it is submitted and that is provided to the city or town to meet a request by a city or town for advance planning information for purposes of planning for, scheduling, and coordinating work in the right of way under chapter 35.-- RCW (sections 1 through 7 and 9 of this act). The location of existing facilities may not be deemed proprietary and shall be public. Designs, drawings, and maps submitted as part of a use permit application may not be deemed proprietary and shall be public. If a request for information identified as proprietary is received, the service provider must be notified of the request. Within ten business days of receipt of the notice, the service provider shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such a notice, the city or town shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the service provider must be joined as a party to demonstrate the continuing need for confidentiality and the city or town is exempt from any liability under RCW 42.17.340 for failure to disclose proprietary information.

          (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

          (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

          (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.


          NEW SECTION. Sec. 12. Sections 1 through 7 and 9 of this act constitute a new chapter in Title 35 RCW."


          On page 1, line 2 of the title, after "providers;" strike the remainder of the title and insert "amending RCW 35.21.860; reenacting and amending RCW 42.17.310; adding a new section to chapter 35A.21 RCW; and adding a new chapter to Title 35 RCW."

 

Signed by Representatives Crouse, Republican Co-Chair; Poulsen, Democratic Co-Chair; DeBolt, Republican Vice Chair; Ruderman, Democratic Vice Chair; Bush; Cooper; Delvin; Kastama; McDonald; Mielke; Morris; Reardon; Thomas and Wolfe.


          Voting yea: Representatives Crouse, Poulsen, DeBolt, Ruderman, Bush, Cooper, Delvin, Kastama, McDonald, Mielke, Morris, Reardon, Thomas and Wolfe.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SB 6678               Prime Sponsor, Senator Rasmussen: Repealing parimutuel wagering sunset provisions. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hurst; McIntire and McMorris.


          Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hurst, McIntire and McMorris.

          Excused: Representative Lisk.


          Passed to Rules Committee for Second Reading.


February 23, 2000

E2SSB 6683        Prime Sponsor, Committee on Senate Transportation: Reporting information on routine traffic enforcement. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; G. Chandler; DeBolt; Fortunato; Haigh; Lovick; Mielke; Murray; Ogden; Pflug; Radcliff; Romero; Schual-Berke; Scott; Skinner; Wood and Woods.


          Voting yea: Representatives Fisher, Mitchell, Cooper, Edwards, Ericksen, Hankins, G. Chandler, DeBolt, Fortunato, Haigh, Hatfield, Hurst, Lovick, McDonald, Mielke, Murray, Ogden, Pflug, Radcliff, Schindler, Schual-Berke, Scott, Skinner and Woods.

          Excused: Representatives Buck, Morris, Romero and Wood.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SSB 6687            Prime Sponsor, Committee on Senate Commerce, Trade, Housing & Financing: Allowing port districts to acquire insurance coverage. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


          Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSB 6715          Prime Sponsor, Committee on Senate Environmental Quality & Water Resources: Encouraging recycling and waste reduction. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. (1) The department of general administration shall work with commercial and industrial construction industry organizations to develop guidelines for implementing on-site construction waste management planning. The topics addressed in the guidelines shall include, but shall not be limited to:

          (a) Standards for identifying the type of wastes generated during construction;

          (b) Methods for analyzing the availability and cost-effectiveness of recycling services for each type of waste;

          (c) Methods for evaluating construction waste management alternatives given limited recycling services in rural areas of the state;

          (d) Strategies to maximize reuse and recycling of wastes and minimize landfill disposal;

          (e) Standardized formats for on-site construction waste management planning and reporting documents; and

          (f) A training and technical assistance plan for public and private building owners and construction industry members, in order to facilitate incorporation of waste management planning and recycling into standard construction industry practice.

          (2) By December 15, 2000, the department of general administration shall provide a report to the legislature on the development of the guidelines required by subsection (1) of this section. The report shall include recommendations for incorporating job-site waste management planning and recycling into standard construction industry practice.


          NEW SECTION. Sec. 2. A new section is added to chapter 81.77 RCW to read as follows:

          (1) In order to provide an incentive for recycling, the commission shall allow a solid waste collection company collecting recyclable materials from residential customers to retain thirty percent of the revenue paid to the companies for the material. The remaining seventy percent of the revenue shall be passed to residential customers served by the company. Failure to provide documentation of increased recycling will cause the entire revenue stream to be passed to residential customers served by the company. The following documents are required:

          (a) A plan submitted to the commission that is consistent with the comprehensive solid waste plan and showing how the company plans to increase recycling; and

          (b) A yearly report showing that the plan has been successful at increasing recycling, as demonstrated by actual recycling tonnage increases, or by decreases in landfill disposal, or by other methods as agreed to by the local jurisdiction.

          (2) By December 1, 2003, the commission shall provide a report to the legislature that evaluates:

          (a) The effectiveness of revenue sharing as an incentive to increase recycling in the state; and

          (b) The effect of revenue sharing on costs to customers.

          (3) This section expires December 31, 2006.


          Sec. 3. RCW 43.19A.020 and 1996 c 198 s 1 are each amended to read as follows:

          (1) The USEPA product standards, as now or hereafter amended, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in (a) and (b) of this subsection by the dates indicated, unless the director finds that a different standard would significantly increase recycled product availability or competition.

          (a) By July 1, 1997:

          (i) Paper and paper products;

          (ii) Organic recovered materials; and

          (iii) Latex paint products;

          (b) By July 1, 1997:

          (i) Products for lower value uses containing recycled plastics;

          (ii) Retread and remanufactured tires;

          (iii) Lubricating oils;

          (iv) Automotive batteries;

          (v) Building ((insulation)) products and materials;

          (vi) Panelboard; and

          (vii) Compost products.

          (2) By July 1, 2001, the director shall adopt product standards for strawboard that has, as an ingredient, straw that is a byproduct of the production of cereal grains or turf or grass seed.

          (3) The standards required by this section shall be applied to recycled product purchasing by the department and other state agencies. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.


          Sec. 4. RCW 39.04.133 and 1996 c 198 s 5 are each amended to read as follows:

          (1) The state's preferences for the purchase and use of recycled content products shall be included as a factor in the design and development of state capital improvement projects.

          (2) ((Specifications for materials in state construction projects shall include the use of recycled content products and recyclable products whenever practicable)) If a construction project receives state public funding, the product standards, as provided in RCW 43.19A.020, shall apply to the materials used in the project, whenever the administering agency and project owner determine that such products would be cost-effective and are readily available.

          (3) This section does not apply to contracts entered into by a municipality.


          Sec. 5. RCW 70.95.010 and 1989 c 431 s 1 are each amended to read as follows:

          The legislature finds:

          (1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting problems involving disposal of garbage, refuse, and solid waste materials resulting from domestic, agricultural, and industrial activities.

          (2) Traditional methods of disposing of solid wastes in this state are no longer adequate to meet the ever-increasing problem. Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.

          (3) Considerations of natural resource limitations, energy shortages, economics and the environment make necessary the development and implementation of solid waste recovery and/or recycling plans and programs.

          (4) Waste reduction must become a fundamental strategy of solid waste management. It is therefore necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility.

          (5) Source separation of waste must become a fundamental strategy of solid waste management. Collection and handling strategies should have, as an ultimate goal, the source separation of all materials with resource value or environmental hazard.

          (6)(a) It ((is the responsibility)) should be the goal of every person to minimize his or her production of wastes and to separate recyclable or hazardous materials from mixed waste.

          (b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a manner that is environmentally safe and economically sound. It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed waste, and recycling programs.

          (c) It is the responsibility of county and city governments to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies.

          (d) It is the responsibility of state government to ensure that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to accommodate differing population densities, distances to and availability of recycling markets, and collection and disposal costs in each community; and to provide county and city governments with adequate technical resources to accomplish this responsibility.

          (7) Environmental and economic considerations in solving the state's solid waste management problems requires strong consideration by local governments of regional solutions and intergovernmental cooperation.

          (8) The following priorities for the collection, handling, and management of solid waste are necessary and should be followed in descending order as applicable:

          (a) Waste reduction;

          (b) Recycling, with source separation of recyclable materials as the preferred method;

          (c) Energy recovery, incineration, or landfill of separated waste;

          (d) Energy recovery, incineration, or landfilling of mixed wastes.

          (9) It is the state's goal to achieve a fifty percent recycling rate by ((1995)) 2005.

          (10) It is the state's goal that programs be established to eliminate residential or commercial yard debris in landfills by 2010.

          (11) Steps should be taken to make recycling at least as affordable and convenient to the ratepayer as mixed waste disposal.

          (((11))) (12) It is necessary to compile and maintain adequate data on the types and quantities of solid waste that are being generated and to monitor how the various types of solid waste are being managed.

          (((12))) (13) Vehicle batteries should be recycled and the disposal of vehicle batteries into landfills or incinerators should be discontinued.

          (((13))) (14) Excessive and nonrecyclable packaging of products should be avoided.

          (((14))) (15) Comprehensive education should be conducted throughout the state so that people are informed of the need to reduce, source separate, and recycle solid waste.

          (((15))) (16) All governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.

          (((16))) (17) To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.

          (((17))) (18) It is necessary to provide adequate funding to all levels of government so that successful waste reduction and recycling programs can be implemented.

          (((18))) (19) The development of stable and expanding markets for recyclable materials is critical to the long-term success of the state's recycling goals. Market development must be encouraged on a state, regional, and national basis to maximize its effectiveness. The state shall assume primary responsibility for the development of a multifaceted market development program to carry out the purposes of this act.

          (((19))) (20) There is an imperative need to anticipate, plan for, and accomplish effective storage, control, recovery, and recycling of discarded tires and other problem wastes with the subsequent conservation of resources and energy.


          Sec. 6. RCW 70.95.030 and 1998 c 36 s 17 are each amended to read as follows:

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

          (1) "City" means every incorporated city and town.

          (2) "Commission" means the utilities and transportation commission.

          (3) "Committee" means the state solid waste advisory committee.

          (4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

          (5) "Department" means the department of ecology.

          (6) "Director" means the director of the department of ecology.

          (7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

          (8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

          (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

          (10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

          (11) "Jurisdictional health department" means city, county, city-county, or district public health department.

          (12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

          (13) "Local government" means a city, town, or county.

          (14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

          (15) "Multiple family residence" means any structure housing two or more dwelling units.

          (16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

          (17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

          (18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

          (19) "Residence" means the regular dwelling place of an individual or individuals.

          (20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

          (21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.

          (22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

          (23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

          (24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

          (25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

          (26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

          (27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

          (28) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.


          Sec. 7. RCW 70.95.090 and 1991 c 298 s 3 are each amended to read as follows:

          Each county and city comprehensive solid waste management plan shall include the following:

          (1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

          (2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

          (3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

          (a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

          (b) Take into account the comprehensive land use plan of each jurisdiction;

          (c) Contain a six year construction and capital acquisition program for solid waste handling facilities; and

          (d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

          (4) A program for surveillance and control.

          (5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

          (a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;

          (b) Any city solid waste operation within the county and the boundaries of such operation;

          (c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

          (d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

          (6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.

          (7) The waste reduction and recycling element shall include the following:

          (a) Waste reduction strategies;

          (b) Source separation strategies, including:

          (i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas, these programs shall include collection of source separated recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate. In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons;

          (ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;

          (iii) Programs to collect yard waste, if the county or city submitting the plan finds that there are adequate markets or capacity for composted yard waste within or near the service area to consume the majority of the material collected; and

          (iv) Programs to educate and promote the concepts of waste reduction and recycling;

          (c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services;

          (d) Consideration of residential collection rate structures that provide economic incentives for customers to reduce their level of solid waste collection service and increase their participation in waste reduction, recycling, and yard waste collection programs. Any jurisdiction that is a signatory to a comprehensive solid waste plan that adopts residential incentive rates shall adopt ordinances to implement rate structures that are consistent with the guidelines in the comprehensive plans. The utilities and transportation commission is authorized to issue rules to implement this section for solid waste companies regulated under Title 81 RCW; and

          (e) Other information the county or city submitting the plan determines is necessary.

          (8) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.

          (9) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.


          Sec. 8. RCW 70.95.290 and 1988 c 184 s 3 are each amended to read as follows:

          (1) The evaluation of the solid waste stream required in RCW 70.95.280 shall include the following elements:

          (a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and

          (b) The department shall evaluate the costs of various management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;

          (c) Based on the results of (a) and (b) of this subsection, the department shall determine the best management for each category of solid waste. Different management methods for the same categories of waste may be developed for different parts of the state.

          (2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of solid waste, comprise a large volume of the solid waste stream or present a high potential of harm to human health. At a minimum the following categories of waste shall be evaluated:

          (a) By January 1, 1989, yard waste and other biodegradable materials, paper products, disposable diapers, and batteries; ((and))

          (b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid lightweight cellular polystyrene, and tires; and

          (c) By January 1, 2002, construction, demolition, and land-clearing debris, manure, and major food-processing wastes.


          Sec. 9. RCW 43.19.1905 and 1995 c 269 s 1402 are each amended to read as follows:

          The director of general administration shall establish overall state policy for compliance by all state agencies, including educational institutions, regarding the following purchasing and material control functions:

          (1) Development of a state commodity coding system, including common stock numbers for items maintained in stores for reissue;

          (2) Determination where consolidations, closures, or additions of stores operated by state agencies and educational institutions should be initiated;

          (3) Institution of standard criteria for determination of when and where an item in the state supply system should be stocked;

          (4) Establishment of stock levels to be maintained in state stores, and formulation of standards for replenishment of stock;

          (5) Formulation of an overall distribution and redistribution system for stock items which establishes sources of supply support for all agencies, including interagency supply support;

          (6) Determination of what function data processing equipment, including remote terminals, shall perform in state-wide purchasing and material control for improvement of service and promotion of economy;

          (7) Standardization of records and forms used state-wide for supply system activities involving purchasing, receiving, inspecting, storing, requisitioning, and issuing functions, including a standard notification form for state agencies to report cost-effective direct purchases, which shall at least identify the price of the goods as available through the division of purchasing, the price of the goods as available from the alternative source, the total savings, and the signature of the notifying agency's director or the director's designee;

          (8) Screening of supplies, material, and equipment excess to the requirements of one agency for overall state need before sale as surplus;

          (9) Establishment of warehouse operation and storage standards to achieve uniform, effective, and economical stores operations;

          (10) Establishment of time limit standards for the issuing of material in store and for processing requisitions requiring purchase;

          (11) Formulation of criteria for determining when centralized rather than decentralized purchasing shall be used to obtain maximum benefit of volume buying of identical or similar items, including procurement from federal supply sources;

          (12) Development of criteria for use of leased, rather than state owned, warehouse space based on relative cost and accessibility;

          (13) Institution of standard criteria for purchase and placement of state furnished materials, carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or renovated state buildings;

          (14) Determination of how transportation costs incurred by the state for materials, supplies, services, and equipment can be reduced by improved freight and traffic coordination and control;

          (15) Establishment of a formal certification program for state employees who are authorized to perform purchasing functions as agents for the state under the provisions of chapter 43.19 RCW;

          (16) Development of performance measures for the reduction of total overall expense for material, supplies, equipment, and services used each biennium by the state;

          (17) Establishment of a standard system for all state organizations to record and report dollar savings and cost avoidance which are attributable to the establishment and implementation of improved purchasing and material control procedures;

          (18) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of purchasing and material control services;

          (19) Resolution of all other purchasing and material matters which require the establishment of overall state-wide policy for effective and economical supply management;

          (20) Development of guidelines and criteria for the purchase of vehicles, alternate vehicle fuels and systems, equipment, and materials that reduce overall energy-related costs and energy use by the state, including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passenger automobile fuel economy established by the United States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002);

          (21) Development of goals for state use of recycled and environmentally preferable products through specifications for products and services, processes for requests for proposals and requests for qualifications, contractor selection, and contract negotiations."


          Correct the title.

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Grant; Reardon; Schoesler; Stensen; Sump and Wood.


          Voting yea: Representatives G. Chandler, Linville, Cooper, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Reardon, Schoesler, Stensen, Sump and Wood.


          Passed to Rules Committee for Second Reading.


February 25, 2000

E2SSB 6731        Prime Sponsor, Committee on Senate Ways & Means: Creating a Lake Whatcom landscape plan. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. The Lake Whatcom landscape management pilot project is created.

          The department of natural resources shall develop a landscape plan regarding state-owned forest lands in the Lake Whatcom watershed area. Where appropriate, the department will consult with other major forest landowners in the watershed and shall involve watershed residents in management activities. The department shall consult with the Lake Whatcom management committee on proposed timber harvest and road management activities. The department shall establish an interjurisdictional committee for the development of the landscape plan, to review the site-specific activities and make recommendations. The interjurisdictional committee shall include two members of the public who have an interest in these activities. The landscape plan shall address at least the following topics:

          (1) Establishing riparian management zones along all streams, as classified under chapter 4, Laws of 1999 sp. sess. The department shall manage lands within such zones to protect water quality and riparian habitat. The interjurisdictional committee may recommend to the department restrictions upon timber harvest and yarding activities on a case-by-case basis;

          (2) Harvest and road construction upon potentially unstable slopes shall be carefully regulated;

          (3) On unstable slopes, new road construction shall be prohibited and old road reconstruction shall be limited;

          (4) A sustained yield model specific to the Lake Whatcom watershed that encompasses the revised management standards and that is consistent with the sustained yield established by the board of natural resources shall be created and implemented;

          (5) The department should build on the existing draft Lake Whatcom landscape plan and incorporate both new information from the community and new scientific information when available; and

          (6) The development of a road management plan for the watershed.

          The landscape plan shall be completed and implementation initiated by June 30, 2001. Timber harvest and all road construction in the watershed on state land shall be delayed until the plan is completed."


          Correct the title.

 

Signed by Representatives Buck, Republican Co-Chair; Regala, Democratic Co-Chair; Anderson, Democratic Vice Chair; Sump, Republican Vice Chair; G. Chandler; Clements; Doumit; Eickmeyer; Ericksen; Pennington; Rockefeller and Stensen.


          Voting yea: Representatives Buck, Regala, Anderson, Sump, G. Chandler, Clements, Doumit, Eickmeyer, Ericksen, Pennington, Rockefeller and Stensen.


          Referred to Committee on Appropriations.


February 24, 2000

ESSB 6732          Prime Sponsor, Committee on Senate State & Local Government: Clarifying the definition of "tourism-related facility." Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


          Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


          Passed to Rules Committee for Second Reading.


February 22, 2000

SB 6741               Prime Sponsor, Senator Horn: Adding the secretary of corrections to the organized crime advisory board. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SB 6748               Prime Sponsor, Senator Sellar: Increasing local government debt limits to finance capital facilities. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.


          Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SB 6760               Prime Sponsor, Senator Prentice: Safeguarding securities. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; DeBolt; Keiser; Quall; Santos; Sullivan and Talcott.


          Voting yea: Representatives Benson, Hatfield, Bush, McIntire, Barlean, Cairnes, DeBolt, Keiser, Quall, Santos, Sullivan and Talcott.


          Passed to Rules Committee for Second Reading.


February 22, 2000

ESSB 6761          Prime Sponsor, Committee on Senate Human Services & Corrections: Authorizing agreements for the operation of correctional facilities and programs in any other state. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Passed to Rules Committee for Second Reading.


February 23, 2000

SB 6770               Prime Sponsor, Senator Kohl-Welles: Allowing exceptional faculty awards to be used for faculty development and in-service training. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Republican Co-Chair; Kenney, Democratic Co-Chair; Lantz, Democratic Vice Chair; Radcliff, Republican Vice Chair; Dunn; Edmonds; Esser and Gombosky.


          Voting yea: Representatives Carlson, Kenney, Lantz, Radcliff, Dunn, Edmonds, Esser and Gombosky.


          Passed to Rules Committee for Second Reading.


February 25, 2000

SSB 6781            Prime Sponsor, Committee on Senate Agriculture & Rural Economic Development: Modifying provisions concerning the management of dairy nutrients. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. A new section is added to chapter 90.64 RCW to read as follows:

          (1) A dairy nutrient management task force is created that shall be comprised of no more than fifteen members, who are appointed as follows:

          (a) Two members of the house of representatives, one from each major caucus, appointed by the co-speakers of the house of representatives;

          (b) Two members of the senate, one from each major caucus, appointed by the president of the senate;

          (c) A representative of the department of ecology, appointed by the director of ecology;

          (d) A representative of the state conservation commission, appointed by its executive secretary;

          (e) A representative of local conservation districts, appointed by the president of a state-wide association of conservation districts;

          (f) A representative of local health departments, appointed by the Washington state association of local public health officials;

          (g) A representative of commercial shellfish growers, appointed by a state-wide organization representing oyster growers;

          (h) Three active dairy farmers, appointed by a state-wide organization representing dairy farmers in the state, who shall be from different regions and different sizes of dairy operations;

          (i) A representative of an environmental interest organization with familiarity and expertise in water quality issues, appointed by agreement of the co-speakers of the house of representatives and the president of the senate;

          (j) A representative of the United States environmental protection agency, appointed by the regional director of the agency if the agency chooses to be represented on the task force; and

          (k) A representative of the United States natural resources conservation service, appointed by the state conservationist of that agency for this state, if the agency chooses to be represented on the task force.

          (2) The task force shall convene as soon as possible upon appointment of its members. The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the Washington state conservation commission.

          (3) This section expires June 30, 2004.


          NEW SECTION. Sec. 2. A new section is added to chapter 90.64 RCW to read as follows:

          (1) By December 31, 2000, the task force shall recommend to the department and to the legislature:

          (a) Clarification of key terms and phrases such as, but not limited to, "potential to pollute," that are used in the administration of this chapter and other statutes on water quality;

          (b) How frequently dairy nutrient management plans should be updated, considering the evolution of technical standards developed by the natural resources conservation service;

          (c) Considering the report under section 3 of this act, the disposition of penalties collected from dairy producers under chapter 90.48 RCW;

          (d) Considering the report under section 4 of this act, recommended sources of funding to meet the needs identified in the report;

          (e) The extent to which engineering expertise is required to implement the provisions of this chapter;

          (f) How to address responsibility for contamination originating from neighboring farms; and

          (g) Clarification of the duties of the department as they pertain to initial inspections of dairy farms.

          (2) The task force shall make recommendations to the department and to the legislature on any other issues, and at such times, as the task force deems important to the successful implementation of this chapter.

          (3) This section expires June 30, 2004.


          NEW SECTION. Sec. 3. (1) By September 1, 2000, the department of ecology shall report to the dairy nutrient management task force on the penalties assessed on dairy producers for violations of chapters 90.48 and 90.64 RCW since January 1, 1998. The report shall indicate the amount of money from these penalties that was deposited into the coastal protection fund created under RCW 90.48.390 and the amount deposited into the dairy waste management account created under RCW 90.64.150. The report shall also indicate the purposes for which moneys reported under this section were expended.

          (2) This section expires December 31, 2000.


          NEW SECTION. Sec. 4. (1) By September 1, 2000, the office of financial management shall make recommendations to the dairy nutrient management task force on how to provide adequate funding for the dairy nutrient management program. The recommendations shall include an identification of need, if any, for additional funding for each of the following purposes:

          (a) To perform functions required by conservation districts and the state conservation commission;

          (b) To provide technical assistance for development of dairy nutrient management plans; and

          (c) For cost-share moneys for implementation of the plans based on fifty percent of the eligible costs to be derived from public sources. The recommendations shall be for the amount of funding for these purposes that is required each fiscal year through June 30, 2004, in order to meet the deadlines established in chapter 90.64 RCW.

          (2) The office of financial management shall submit its written recommendations to the co-chief clerks of the house of representatives and the secretary of the senate.

          (3) This section expires December 31, 2000."


          Correct the title.

 

Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Grant; Reardon; Schoesler; Stensen; Sump and Wood.


          Voting yea: Representatives G. Chandler, Linville, Cooper, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Reardon, Schoesler, Stensen, Sump and Wood.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SJM 8019            Prime Sponsor, Senator Eide: Petitioning Congress to consider formula grants for gifted and talented education programs in its reauthorization of the Elementary and Secondary Education Act. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Haigh, Democratic Vice Chair; Schindler, Republican Vice Chair; Carlson; Cox; Keiser; Rockefeller; Santos; D. Schmidt; Schual-Berke; Stensen; Thomas and Wensman.


          Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, Schmidt, Schual-Berke, Stensen, Thomas and Wensman.


          Passed to Rules Committee for Second Reading.


February 24, 2000

SJM 8020            Prime Sponsor, Senator Loveland: Requesting full funding for a vitrification treatment plant at the Hanford site. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Reardon; Schoesler; Stensen; Sump and Wood.


          Voting yea: Representatives G. Chandler, Linville, Cooper, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Reardon, Schoesler, Stensen, Sump and Wood.


          Passed to Rules Committee for Second Reading.


February 22, 2000

SJM 8022            Prime Sponsor, Senator Rasmussen: Recognizing America's World War II veterans. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.


          Voting yea: Representatives McMorris, Romero, Campbell, Miloscia, Dunshee, Haigh, Lambert and Schmidt.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSCR 8418       Prime Sponsor, Committee on Senate Judiciary: Reviewing state sentencing policy. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.


          Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.


          Referred to Committee on Appropriations.


February 25, 2000

ESSCR 8422       Prime Sponsor, Committee on Senate Judiciary: Creating a committee to improve tribal relations. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.


          Beginning on page 1, line 1, strike all material through "2000." on page 2, line 37 and insert the following:

          "WHEREAS, The members of the Washington state legislature recognize there are twenty-eight federally recognized Indian tribes located within the boundaries of Washington state with a combined population of approximately ninety-one thousand members occupying over three and a quarter million acres of land; and

          WHEREAS, Those twenty-eight tribes are operating governments with responsibilities to their citizens and their lands like those of the state to its territory and citizens; and

          WHEREAS, The relationship on an intergovernmental basis between the Washington state legislature and these Indian tribes has seen only a very limited level of development; and

          WHEREAS, Because of these limitations, there is a need to inform and educate members of the legislature and their staff on the status and operations of tribal governments and to educate and inform tribal elected officials and their staff on the operations of the legislature;

          NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That a joint select committee on legislative/tribal relations be established to review, study, and recommend how the legislature and tribes may develop more effective relationships and arrange for intergovernmental mechanisms in order to be able to work together on common interests and problems, such as court jurisdiction, human services, gaming, tax and revenue, historic preservation, and environmental issues; and

          BE IT FURTHER RESOLVED, That the efforts of the committee shall include a study of how other state legislatures and tribal governments handle their intergovernmental relationships and recommend methods of addressing issues that are significant in the area of state/tribal relations and that the committee may hold hearings and seek out the expertise of state and tribal agencies to understand and make recommendations on issues the committee may agree to address; and

          BE IT FURTHER RESOLVED, That the committee shall consist of fourteen members, to be comprised of eight state legislators and six tribal elected officials. Four members shall be from the Senate, two from each caucus, to be appointed by the President of the Senate; four members from the House of Representatives, two from each caucus, to be appointed by the Co-Speakers of the House of Representatives; and six elected officials from among the twenty-eight federally recognized tribes, who shall be selected as follows: One from eastern Washington, one from the Pacific coast region, two from the Puget Sound region, and two tribal representatives representing tribes that are not members of the Association of Washington Tribes. However, all tribal representatives will be elected officials of their respective tribes and will be appointed by the Chair of the Association of Washington Tribes. An ad hoc member may be designated by the Governor to be a representative of the Governor and the executive branch; and

          BE IT FURTHER RESOLVED, That the committee shall be co-chaired by a legislative member and a tribal member. The members of the legislature appointed to the committee shall select their co-chair and the tribal members of the committee shall select their co-chair, the expenses of the committee shall be paid by the legislature under chapter 44.04 RCW, staff support for the committee shall be provided by the senate committee services and house of representatives office of program research and the Northwest Indian applied research institute located at The Evergreen State College, and the committee may also call upon any of the state agencies and tribal governments to assist in research and provide information; and

          BE IT FURTHER RESOLVED, That the committee shall present its report and recommendations to the legislature not later than December 1, 2000; and

          BE IT FURTHER RESOLVED, That the committee shall terminate on December 15, 2000."

 

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.


          Voting yea: Representatives McMorris, Romero, Campbell, Miloscia, Dunshee, Haigh, Lambert and Schmidt.


          Passed to Rules Committee for Second Reading.


February 25, 2000

ESSCR 8425       Prime Sponsor, Committee on Senate Higher Education: Adopting the recommendations of the higher education coordinating board's year 2000 update of the master plan. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


          Beginning on page 1, line 1, strike the remainder of the resolution and insert the following:

          "WHEREAS, Chapter 370, Laws of 1985, created the Washington Higher Education Coordinating Board to plan, coordinate, and provide policy analysis for higher education and to represent the broad public interest above the interests of individual colleges and universities; and

          WHEREAS, Section 4, chapter 370, Laws of 1985, requires the board to prepare and update a master plan for higher education and requires the Legislature, by concurrent resolution, to "approve or recommend changes" to the master plan and its subsequent updates; and

          WHEREAS, The provisions of the master plan that are approved by the Legislature become state higher education policy unless legislation is subsequently enacted to revise those policies; and

          WHEREAS, The Washington Higher Education Coordinating Board submitted the initial master plan to the Legislature in December 1987, and submitted updates to the plan in December 1992, January 1996, and January 2000; and

          WHEREAS, During the process used to develop the 2000 master plan, the board consulted with students and families, educators, business, labor, and civic organizations representing a cross-section of Washington citizens; and

          WHEREAS, The board learned that the need and expectation for higher education among Washington citizens will continue to grow through the next decade, because of population increases as well as the demands of the state's increasingly technology-based economy; and

          WHEREAS, The board reported that Washington's public and private colleges and universities and career schools would need to provide opportunities for additional students by the year 2010; and

          WHEREAS, The board has spelled out its commitment to continuing to expand enrollment opportunities for Washington students, to keep public higher education affordable for students and families, and to provide financial assistance to those who cannot otherwise afford to go to college; and

          WHEREAS, The board identified five specific goals for the state to address higher education needs in the next ten years:

          (1) Making student learning the yardstick by which institutional accountability, effectiveness, and efficiency is measured;

          (2) Linking students' participation in higher education to their achievement in the K-12 grades;

          (3) Providing the information citizens need to make the best use of the learning pathways available to them;

          (4) Enhancing higher education opportunity through greater use of e-learning technologies and by increasingly efficient use of public facilities; and

          (5) Helping colleges and universities meet student needs and compete in an increasingly competitive and complex education marketplace; and

          WHEREAS, The board challenged itself, students, and families, the public and private institutions, the private sector, and the state to each accept its individual responsibilities and to collaborate in the development of solutions; and

          WHEREAS, The board described an implementation plan to guide the state's response to the needs of higher education and to estimate the costs of the strategies;

          NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the Washington Higher Education Coordinating Board be commended for its dedication and commitment to the State of Washington in producing the 2000 update of the master plan for higher education titled "The 21st Century Learner"; and

          BE IT FURTHER RESOLVED, That the Legislature thank the board for describing many of the challenges facing the state in its attempts to provide the postsecondary education and training our citizens need to fulfill their personal goals and participate fully in the world of the twenty-first century; and

          BE IT FURTHER RESOLVED, That the Legislature reaffirm its commitment to create postsecondary opportunities in response to actual demand from citizens for access to high-quality education and training programs; and

          BE IT FURTHER RESOLVED, That the board reexamine its assumptions with regard to projected upper division and graduate enrollments, and that the plan reexamine the role of the community and technical colleges in meeting the postsecondary needs of a significant portion of Washington's population; and

          BE IT FURTHER RESOLVED, That the board reexamine its assumptions with regard to the capital needs of the community and technical colleges and the four-year institutions of higher education, including their branch campuses; and

          BE IT FURTHER RESOLVED, That the Legislature approve the following recommendations of the 2000 update of the master plan:

          (1) The goal that, by the year 2010, Washington's system of postsecondary education needs to provide opportunities for additional students to enroll in high-quality education and training programs;

          (2) That solutions to the challenge may be found in strategies that (a) make student learning the yardstick by which institutional accountability, effectiveness, and efficiency is measured; and (b) link students' participation in higher education to their achievement in the K-12 grades;

          (3) Provide the information citizens need to make the best use of the learning pathways available to them, and support outreach efforts designed to ensure that the higher education system reflects the diversity of the state's population;

          (4) Expand the use of e-learning technologies and use public facilities to the fullest extent possible; and

          (5) Help colleges and universities meet student needs and compete in an increasingly competitive and complex education marketplace; and

          BE IT FURTHER RESOLVED, That the board examine alternatives to address the operating and capital budget needs that are identified in the 2000 update of the master plan; and

          BE IT FURTHER RESOLVED, That the board proceed with the implementation of the 2000 update of the master plan as described in "The 21st Century Learner" and report to the 2001 Legislature on progress toward implementing its strategies and on the results of its review of projected enrollments and capital needs assumptions."

 

Signed by Representatives Carlson, Republican Co-Chair; Kenney, Democratic Co-Chair; Lantz, Democratic Vice Chair; Radcliff, Republican Vice Chair; Dunn; Edmonds; Esser and Gombosky.


          Voting yea: Representatives Carlson, Kenney, Lantz, Radcliff, Dunn, Edmonds, Esser and Gombosky.


          Passed to Rules Committee for Second Reading.


MOTION


          On motion of Representative Morris, the bills, memorials and resolutions listed on the day's committee reports under the fifth order of business were referred to the committees so designated.


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


          There being no objection, the House adjourned until 9:55 a.m., Monday, February 28, 2000, the 50th Legislative Day.

 

TIMOTHY A. MARTIN, Chief Clerk                                                                        CLYDE BALLARD, Speaker

CYNTHIA ZEHNDER, Chief Clerk                                                                           FRANK CHOPP, Speaker