BILL REQ. #:  S-0060.1 

Read first time 01/12/11.   Referred to Committee on Judiciary.

     AN ACT Relating to bail and pretrial release practices; amending RCW 2.56.030, 10.19.090, 10.19.100, 10.19.160, 18.185.010, 18.185.020, 18.185.040, 18.185.050, 18.185.070, 18.185.100, 18.185.110, and 71.05.385; reenacting and amending RCW 42.56.360 and 71.05.390; adding a new section to chapter 2.56 RCW; adding a new section to chapter 10.16 RCW; adding new sections to chapter 10.19 RCW; adding a new section to chapter 10.31 RCW; adding a new section to chapter 18.185 RCW; creating new sections; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 2.56.030 and 2009 c 479 s 2 are each amended to read as follows:
     The administrator for the courts shall, under the supervision and direction of the chief justice:
     (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
     (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
     (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
     (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
     (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
     (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
     (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
     (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
     (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;
     (10) Administer programs and standards for the training and education of judicial personnel;
     (11) Examine the need for new superior court and district court judge positions under an objective workload analysis. The results of the objective workload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that an objective workload analysis become the basis for creating additional district and superior court positions, and recommendations should address that objective;
     (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
     (13) Attend to such other matters as may be assigned by the supreme court of this state;
     (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;
     (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, 2008, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, domestic violence, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;
     (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;
     (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts statewide;
     (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;
     (19) Develop a Washington family law handbook in accordance with RCW 2.56.180;
     (20) Administer state funds for improving the operation of the courts and provide support for court coordinating councils, under the direction of the board for judicial administration;
     (21) Administer the family and juvenile court improvement grant program;
     (22)(a) Administer and distribute amounts appropriated under RCW 43.08.250(2) for district court judges' and qualifying elected municipal court judges' salary contributions. The administrator for the courts shall develop a distribution formula for these amounts that does not differentiate between district and elected municipal court judges.
     (b) A city qualifies for state contribution of elected municipal court judges' salaries under (a) of this subsection if:
     (i) The judge is serving in an elected position;
     (ii) The city has established by ordinance that a full-time judge is compensated at a rate equivalent to at least ninety-five percent, but not more than one hundred percent, of a district court judge salary or for a part-time judge on a pro rata basis the same equivalent; and
     (iii) The city has certified to the office of the administrator for the courts that the conditions in (b)(i) and (ii) of this subsection have been met;
     (23) Subject to the availability of funds specifically appropriated therefor, assist courts in the development and implementation of language assistance plans required under RCW 2.43.090;
     (24) Provide superior courts and courts of limited jurisdiction access to the risk assessment tool developed by the Washington state institute for public policy and used by the department of corrections to assist judges in the pretrial release and detention process.

NEW SECTION.  Sec. 2   A new section is added to chapter 2.56 RCW to read as follows:
     (1) The Washington state center for court research shall research, evaluate, monitor, and report on the validity of the risk assessment tool developed by the Washington state institute for public policy to ensure the predictive value of the tool. Specifically, it shall:
     (a) Monitor and report on the implementation of the risk assessment tool to assess the extent to which bail setting practices are responsive to risk for recidivism levels derived from the risk assessment tool;
     (b) Monitor and report on the accuracy of the risk assessment tool in predicting recidivism; and
     (c) Provide quality assurance and technical assistance to the courts for the implementation and use of the risk assessment tool.
     (2) By December 1, 2012, and every two years thereafter, the Washington center for court research shall submit a report and recommendations regarding the validity of the risk assessment tool to the governor, the supreme court, and the legislature.

NEW SECTION.  Sec. 3   A new section is added to chapter 10.16 RCW to read as follows:
     At the preliminary appearance or a subsequent hearing to reconsider conditions of pretrial release or detention, the court may issue an order requesting information related to mental health services, as defined in RCW 71.05.020, that have been provided to the defendant. On motion of the defendant or on the court's own motion, the court may exclude the public from the hearing, seal portions of the hearing record or court files, or grant other relief as may be necessary to prevent disclosure to the public of information related to mental health services, as defined in RCW 71.05.020.

NEW SECTION.  Sec. 4   A new section is added to chapter 10.19 RCW to read as follows:
     The Washington state institute for public policy shall develop and validate a pretrial risk assessment tool to measure the likelihood that a defendant will fail to appear in court as required. The Washington state institute for public policy shall complete the development and validation of the pretrial risk assessment tool by December 1, 2011. The institute shall submit a final report to the governor, the supreme court, and the legislature by December 1, 2011. The report shall describe the methodology for developing and validating the pretrial risk assessment tool and the predictive value of the tool.

Sec. 5   RCW 10.19.090 and 1986 c 322 s 2 are each amended to read as follows:
     In criminal cases where a recognizance for the appearance of any person, either as a witness or to appear and answer, shall have been taken and a default entered, the recognizance shall be declared forfeited by the court, and at the time of adjudging such forfeiture said court shall enter judgment against the principal and sureties named in such recognizance for the sum therein mentioned, and execution may issue thereon the same as upon other judgments. If the surety is not notified by the court in writing of the unexplained failure of the defendant to appear within ((thirty)) fourteen calendar days of the date for appearance, then the forfeiture shall be null and void and the recognizance exonerated.

Sec. 6   RCW 10.19.100 and 1891 c 28 s 86 are each amended to read as follows:
     The parties, or either of them, against whom such judgment may be entered in the superior or supreme courts, may stay said execution for sixty days from the date of the notification by the court by giving a bond with two or more sureties, to be approved by the clerk, conditioned for the payment of such judgment at the expiration of sixty days, unless the same shall be vacated before the expiration of that time.

Sec. 7   RCW 10.19.160 and 1986 c 322 s 5 are each amended to read as follows:
     The surety on the bond may return a person to custody ((a person)) for good cause in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. If a court determines that good cause does not exist for the surety to surrender a person, the surety shall return the premium paid by, or on behalf of, the person, as well as any recovery fee. Good cause for surrender includes, but is not limited to, a substantial increase in the likelihood of the risk of flight, violation of a court order, failure to appear, or the concealment or intentional misrepresentation of information by the person. The surrender shall be made to the facility in which the person was originally held in custody or the county or city jail affiliated with the court issuing the warrant resulting in bail.

NEW SECTION.  Sec. 8   A new section is added to chapter 10.19 RCW to read as follows:
     The presiding judge of a court shall notify the administrative office of the courts when the court revokes the justification or certification of a bail bond agent to post bonds in the court. The notice to the administrative office of the courts must include the reasons for the revocation. Upon receiving the notification, the administrative office of the courts shall notify superior courts and courts of limited jurisdiction statewide. No civil liability may be imposed by any court on the administrative office of the courts or its employees under this section except upon proof of bad faith or willful or wanton misconduct or gross negligence.

NEW SECTION.  Sec. 9   A new section is added to chapter 10.31 RCW to read as follows:
     A police officer shall complete a standardized form at the time of arrest that includes, to the extent that it is available, information regarding the defendant's mental health and any history of domestic violence. The standardized form must also include, to the extent that it is available, victim input regarding the pretrial release of the defendant.

Sec. 10   RCW 18.185.010 and 2004 c 186 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Department" means the department of licensing.
     (2) "Director" means the director of licensing.
     (3) "Commission" means the criminal justice training commission.
     (4) "Collateral or security" means property of any kind given as security to obtain a bail bond.
     (5) "Bail bond agency" means a business that sells and issues corporate surety bail bonds or that provides security in the form of personal or real property to ensure the appearance of a criminal defendant before the courts of this state or the United States.
     (6) "Qualified agent" means an owner, sole proprietor, partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter for obtaining a bail bond agency license.
     (7) "Bail bond agent" means a person who is employed by a bail bond agency and engages in the sale or issuance of bail bonds, but does not mean a clerical, secretarial, or other support person who does not participate in the sale or issuance of bail bonds.
     (8) "Licensee" means a bail bond agency, a bail bond agent, a qualified agent, or a bail bond recovery agent.
     (9) "Branch office" means any office physically separated from the principal place of business of the licensee from which the licensee or an employee or agent of the licensee conducts any activity meeting the criteria of a bail bond agency.
     (10) "Bail bond recovery agent" means a person who is under contract with a bail bond agent to receive compensation, reward, or any other form of lawful consideration for locating, apprehending, and surrendering a fugitive criminal defendant for whom a bail bond has been posted. "Bail bond recovery agent" does not include a general authority Washington peace officer or a limited authority Washington peace officer.
     (11) (("Contract" means a written agreement between a bail bond agent or qualified agent and a bail bond recovery agent for the purpose of locating, apprehending, and surrendering a fugitive criminal defendant in exchange for lawful consideration.
     (12))) "Planned forced entry" means a premeditated forcible entry into a dwelling, building, or other structure without the occupant's knowledge or consent for the purpose of apprehending a fugitive criminal defendant subject to a bail bond. "Planned forced entry" does not include situations where, during an imminent or actual chase or pursuit of a fleeing fugitive criminal defendant, or during a casual or unintended encounter with the fugitive, the bail bond recovery agent forcibly enters into a dwelling, building, or other structure without advanced planning.
     (12) "Bond limit" means the maximum amount that a bail bond agent may write on any single commercial surety bond or any single commercial property bond.
     (13) "Commercial property bond" means a bail bond executed for compensation the security for which is real property, tangible personal property, or other assets.
     (14) "Commercial surety bond" means a bail bond that is guaranteed by an insurance company that has been qualified to transact surety insurance business in Washington state by the insurance commissioner.

Sec. 11   RCW 18.185.020 and 1993 c 260 s 3 are each amended to read as follows:
     An applicant must meet the following minimum requirements to obtain a bail bond agent license:
     (1) Be at least eighteen years of age;
     (2) Be a citizen or resident alien of the United States;
     (3) Not have been convicted of a crime in any jurisdiction in the preceding ten years, if the director determines that the applicant's particular crime directly relates to a capacity to perform the duties of a bail bond agent and the director determines that the license should be withheld to protect the citizens of Washington state. If the director shall make a determination to withhold a license because of previous convictions, the determination shall be consistent with the restoration of employment rights act, chapter 9.96A RCW;
     (4) Be employed by a bail bond agency or be licensed as a bail bond agency; ((and))
     (5) Pay the required fee; and
     (6) Demonstrate proof of financial responsibility.

Sec. 12   RCW 18.185.040 and 2004 c 186 s 4 are each amended to read as follows:
     (1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria, including fingerprints.
     (2) An applicant who intends to post commercial surety bonds shall file the following information and documents with the department:
     (a) Any outstanding bonds in Washington not yet exonerated, including the court name, the name of the defendant, the amount of the bond, and the date issued;
     (b) Any bond forfeitures that have not yet been paid or are in dispute;
     (c) A declaration listing all criminal convictions and previous disciplinary action or investigations undertaken by the department;
     (d) A copy of the power of attorney for each surety;
     (e) A copy of the applicant's license issued by the office of the insurance commissioner; and
     (f) A copy of the corporate surety's certificate of authority issued by the office of the insurance commissioner.
     (3) An applicant who intends to post commercial property bonds shall file the following information and documents with the department:
     (a) Any outstanding bonds in Washington not yet exonerated, including the court name, the name of the defendant, the amount of the bond, and the date issued;
     (b) Any bond forfeitures that have not yet been paid or are in dispute;
     (c) A declaration listing all criminal convictions and previous disciplinary action or investigations undertaken by the department;
     (d) A list of all real property owned by the applicant and located in Washington, including an appraisal by a qualified real estate appraiser dated not more than two years prior to the date of application, a title letter, and property tax statements;
     (e) A list of tangible personal property owned by the applicant and located in Washington; and
     (f) A list of any irrevocable letters of credit or other bank accounts that are accessible only to a court for the purpose of paying a forfeited bond.
     (4) Applicants for licensure or endorsement as a bail bond agent or a bail bond recovery agent must complete a records check through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. Such record check shall include a fingerprint check using a Washington state patrol approved fingerprint card. The Washington state patrol shall forward the fingerprints of applicants to the federal bureau of investigation for a national criminal history records check. The director may accept proof of a recent national crime information center/III criminal background report or any national or interstate criminal background report in addition to fingerprints to accelerate the licensing and endorsement process. The director is authorized to periodically perform a background investigation of licensees to identify criminal convictions subsequent to the renewal of a license or endorsement.

Sec. 13   RCW 18.185.050 and 1993 c 260 s 6 are each amended to read as follows:
     (1) The director shall issue a bail bond agent license card to each licensed bail bond agent. The bail bond agent license card must indicate the licensee's bond limit for commercial surety bonds and commercial property bonds. A bail bond agent shall carry the license card whenever he or she is performing the duties of a bail bond agent and shall exhibit the card upon request.
     (2) The director shall issue a license certificate to each licensed bail bond agency.
     (a) Within seventy-two hours after receipt of the license certificate, the licensee shall post and display the certificate in a conspicuous place in the principal office of the licensee within the state.
     (b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate upon premises other than those described in the license certificate or to materially alter a license certificate.
     (c) Every advertisement by a licensee that solicits or advertises business shall contain the name of the licensee, the address of record, and the license number as they appear in the records of the director.
     (d) The licensee shall notify the director within thirty days of any change in the licensee's officers or directors or any material change in the information furnished or required to be furnished to the director.

Sec. 14   RCW 18.185.070 and 1993 c 260 s 8 are each amended to read as follows:
     (1) No bail bond agency license may be issued under the provisions of this chapter unless the qualified agent files with the director a bond, executed by a surety company authorized to do business in this state, in the sum of ((ten)) one hundred thousand dollars conditioned to recover against the agency and its servants, officers, agents, and employees by reason of its violation of the provisions of RCW 18.185.100. The bond shall be made payable to the state of Washington, and anyone so injured by the agency or its servants, officers, agents, or employees may bring suit upon the bond in any county in which jurisdiction over the licensee may be obtained. The suit must be brought not later than two years after the failure to return property in accordance with RCW 18.185.100. If valid claims against the bond exceed the amount of the bond or deposit, each claimant shall be entitled only to a pro rata amount, based on the amount of the claim as it is valid against the bond, without regard to the date of filing of any claim or action.
     (2) Every licensed bail bond agency must at all times maintain on file with the director the bond required by this section in full force and effect. Upon failure by a licensee to do so, the director shall suspend the licensee's license and shall not reinstate the license until this requirement is met.
     (3) In lieu of posting a bond, a qualified agent may deposit in an interest-bearing account, ((ten)) one hundred thousand dollars.
     (4) The director may waive the bond requirements of this section, in his or her discretion, pursuant to adopted rules.

Sec. 15   RCW 18.185.100 and 2004 c 186 s 8 are each amended to read as follows:
     (1)(a) Every qualified agent shall keep adequate records for three years of all collateral and security received, all trust accounts required by this section, and all bail bond transactions handled by the bail bond agency, as specified by rule. The records shall be open to inspection without notice by the director or authorized representatives of the director.
     (b) The department may audit licensee trust accounts every two years unless the licensee submits a financial report prepared by a certified public accountant to the department on an annual basis.
     (2) Every qualified agent who receives collateral or security is a fiduciary of the property and shall keep adequate records for three years of the receipt, safekeeping, and disposition of the collateral or security. Every qualified agent shall maintain a trust account in a federally insured financial institution located in this state. All moneys, including cash, checks, money orders, wire transfers, and credit card sales drafts, received as collateral or security or otherwise held for a bail bond agency's client shall be deposited in the trust account not later than the third banking day following receipt of the funds or money. A qualified agent shall not in any way encumber the corpus of the trust account or commingle any other moneys with moneys properly maintained in the trust account. Each qualified agent required to maintain a trust account shall report annually under oath to the director the account number and balance of the trust account, and the name and address of the institution that holds the trust account, and shall report to the director within ten business days whenever the trust account is changed or relocated or a new trust account is opened.
     (3) Whenever a bail bond is exonerated by the court, the qualified agent shall, within five business days after written notification of exoneration, return all collateral or security to the person entitled thereto.
     (4) Records of contracts for fugitive apprehension must be retained by the bail bond agent and by the bail bond recovery agent for a period of three years.

Sec. 16   RCW 18.185.110 and 2008 c 105 s 4 are each amended to read as follows:
     In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
     (1) Violating any of the provisions of this chapter or the rules adopted under this chapter;
     (2) Failing to meet the qualifications set forth in RCW 18.185.020, 18.185.030, and 18.185.250;
     (3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation, or conduct of the licensee. However, this subsection (3) does not prevent a bail bond recovery agent from using any pretext to locate or apprehend a fugitive criminal defendant or gain any information regarding the fugitive;
     (4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030 or 18.185.250;
     (5) Conversion of any money or contract, deed, note, mortgage, or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, or other evidence of title within thirty days after the owner is entitled to possession, and makes demand for possession, shall be prima facie evidence of conversion;
     (6) Entering into a contract, including a general power of attorney, with a person that gives the bail bond agent full authority over the person's finances, assets, real property, or personal property;
     (7) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100;
     (((7))) (8) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness;
     (((8))) (9) Violation of an order to cease and desist that is issued by the director under chapter 18.235 RCW;
     (((9))) (10) Wearing, displaying, holding, or using badges not approved by the department;
     (((10))) (11) Making any statement that would reasonably cause another person to believe that the bail bond recovery agent is a sworn peace officer;
     (((11))) (12) Failing to carry a copy of the contract or to present a copy of the contract as required under RCW 18.185.270(1);
     (((12))) (13) Using the services of an unlicensed bail bond recovery agent or using the services of a bail bond recovery agent without issuing the proper contract;
     (((13))) (14) Misrepresenting or knowingly making a material misstatement or omission in the application for a license;
     (((14))) (15) Using the services of a person performing the functions of a bail bond recovery agent who has not been licensed by the department as required by this chapter;
     (((15))) (16) Performing the functions of a bail bond recovery agent without being both (a) licensed under this chapter or supervised by a licensed bail bond recovery agent under RCW 18.185.290; and (b) under contract with a bail bond agent;
     (((16))) (17) Performing the functions of a bail bond recovery agent without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant; or
     (((17))) (18) Using a dog in the apprehension of a fugitive criminal defendant.

NEW SECTION.  Sec. 17   A new section is added to chapter 18.185 RCW to read as follows:
     (1) To determine whether an applicant has demonstrated proof of financial responsibility as required by RCW 18.185.020, the department shall consider the information and documents filed under RCW 18.185.040. For purposes of determining financial responsibility, the department may not take into consideration a bank account other than an irrevocable letter of credit or other bank account that is accessible only to a court for the purpose of paying a forfeited bond.
     (2) Once the department has determined that an applicant has demonstrated proof of financial responsibility, the department shall determine the applicant's bond limit for commercial surety bonds and commercial property bonds.

NEW SECTION.  Sec. 18   The Legislature intends, in response to Koenig v. Thurston County, 155 Wn. App. 398 (2010), to clarify that public inspection of or access to information related to mental health is subject to chapter 71.05 RCW and not the public records act, chapter 42.56 RCW.

Sec. 19   RCW 42.56.360 and 2010 c 128 s 3 and 2010 c 52 s 6 are each reenacted and amended to read as follows:
     (1) The following health care information is exempt from disclosure under this chapter:
     (a) Information obtained by the board of pharmacy as provided in RCW 69.45.090;
     (b) 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;
     (c) Information and documents created specifically for, and collected and maintained by a quality improvement committee under RCW 43.70.510, 70.230.080, or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care-associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW 70.56.020(2)(b), regardless of which agency is in possession of the information and documents;
     (d)(i) 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;
     (ii) 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 subsection (1)(d) as exempt from disclosure;
     (iii) 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;
     (e) Records of the entity obtained in an action under RCW 18.71.300 through 18.71.340;
     (f) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1);
     (g) Information obtained by the department of health under chapter 70.225 RCW;
     (h) Information collected by the department of health under chapter 70.245 RCW except as provided in RCW 70.245.150;
     (i) Cardiac and stroke system performance data submitted to national, state, or local data collection systems under RCW 70.168.150(2)(b); and
     (j) All documents, including completed forms, received pursuant to a wellness program under RCW 41.04.362, but not statistical reports that do not identify an individual.
     (2) Chapters 70.02 and 71.05 RCW ((applies)) apply to public inspection and copying of health care information ((of patients)) and information related to mental health services.
     (3)(a) Documents related to infant mortality reviews conducted pursuant to RCW 70.05.170 are exempt from disclosure as provided for in RCW 70.05.170(3).
     (b)(i) If an agency provides copies of public records to another agency that are exempt from public disclosure under this subsection (3), those records remain exempt to the same extent the records were exempt in the possession of the originating entity.
     (ii) For notice purposes only, agencies providing exempt records under this subsection (3) to other agencies may mark any exempt records as "exempt" so that the receiving agency is aware of the exemption, however whether or not a record is marked exempt does not affect whether the record is actually exempt from disclosure.

Sec. 20   RCW 71.05.385 and 2009 c 320 s 2 are each amended to read as follows:
     (1) A mental health service provider shall release to the persons authorized under subsection (2) of this section, upon request:
     (a) The fact, place, and date of an involuntary commitment, the fact and date of discharge or release, and the last known address of a person who has been committed under this chapter.
     (b) Information related to mental health services, in the format determined under subsection (9) of this section, concerning a person who:
     (i) Is currently committed to the custody or supervision of the department of corrections or the indeterminate sentence review board under chapter 9.94A or 9.95 RCW;
     (ii) Has been convicted or found not guilty by reason of insanity of a serious violent offense; or
     (iii) Was charged with a serious violent offense and such charges were dismissed under RCW 10.77.086.
     Legal counsel may release such information to the persons authorized under subsection (2) of this section on behalf of the mental health service provider, provided that nothing in this subsection shall require the disclosure of attorney work product or attorney-client privileged information.
     (2) The information subject to release under subsection (1) of this section shall be released to law enforcement officers, personnel of a county or city jail, prosecuting attorneys, designated mental health professionals, public health officers, ((therapeutic)) court personnel, personnel of the department of corrections, or personnel of the indeterminate sentence review board, when such information is requested during the course of business and for the purpose of carrying out the responsibilities of the requesting person's office. No mental health service provider or person employed by a mental health service provider, or its legal counsel, shall be liable for information released to or used under the provisions of this section or rules adopted under this section except under RCW 71.05.440.
     (3) A person who requests information under subsection (1)(b) of this section must comply with the following restrictions:
     (a) Information must be requested only for the purposes permitted by this subsection and for the purpose of carrying out the responsibilities of the requesting person's office. Appropriate purposes for requesting information under this section include:
     (i) Completing presentence investigations or risk assessment reports;
     (ii) Assessing a person's risk to the community;
     (iii) Assessing a person's risk of harm to self or others when confined in a city or county jail;
     (iv) Planning for and provision of supervision of an offender, including decisions related to sanctions for violations of conditions of community supervision; and
     (v) Responding to an offender's failure to report for department of corrections supervision.
     (b) Information shall not be requested under this section unless the requesting person has reasonable suspicion that the individual who is the subject of the information:
     (i) Has engaged in activity indicating that a crime or a violation of community custody or parole has been committed or, based upon his or her current or recent past behavior, is likely to be committed in the near future; or
     (ii) Is exhibiting signs of a deterioration in mental functioning which may make the individual appropriate for civil commitment under this chapter.
     (c) Any information received under this section shall be held confidential and subject to the limitations on disclosure outlined in this chapter, except:
     (i) Such information may be shared with other persons who have the right to request similar information under subsection (2) of this section, solely for the purpose of coordinating activities related to the individual who is the subject of the information in a manner consistent with the official responsibilities of the persons involved;
     (ii) Such information may be shared with a prosecuting attorney acting in an advisory capacity for a person who receives information under this section. A prosecuting attorney under this subsection shall be subject to the same restrictions and confidentiality limitations as the person who requested the information; and
     (iii) As provided in RCW 72.09.585.
     (4) A request for information related to mental health services under this section shall not require the consent of the subject of the records. Such request shall be provided in writing, except to the extent authorized in subsection (5) of this section. A written request may include requests made by e-mail or facsimile so long as the requesting person is clearly identified. The request must specify the information being requested.
     (5) In the event of an emergency situation that poses a significant risk to the public or the offender, a mental health service provider, or its legal counsel, shall release information related to mental health services delivered to the offender and, if known, information regarding where the offender is likely to be found to the department of corrections or law enforcement upon request. The initial request may be written or oral. All oral requests must be subsequently confirmed in writing. Information released in response to an oral request is limited to a statement as to whether the offender is or is not being treated by the mental health service provider and the address or information about the location or whereabouts of the offender.
     (6) Disclosure under this section to state or local law enforcement authorities is mandatory for the purposes of the health insurance portability and accountability act.
     (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.
     (9) In collaboration with interested organizations, the department shall develop a standard form for requests for information related to mental health services made under this section and a standard format for information provided in response to such requests. Consistent with the goals of the health information privacy provisions of the federal health insurance portability and accountability act, in developing the standard form for responsive information, the department shall design the form in such a way that the information disclosed is limited to the minimum necessary to serve the purpose for which the information is requested.

Sec. 21   RCW 71.05.390 and 2009 c 320 s 3 and 2009 c 217 s 6 are each reenacted and amended to read as follows:
     Except as provided in this section, RCW 71.05.445, 71.05.630, 70.96A.150, 71.05.385, or pursuant to a valid release under RCW 70.02.030, 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 person, or his or her personal representative or 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 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 supervised; 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 services to the operator of a facility in which the patient resides or will reside.
     (3)(a) 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.
     (b) A public or private agency shall release to a person's next of kin, attorney, personal representative, guardian, or conservator, if any:
     (i) The information that the person is presently a patient in the facility or that the person is seriously physically ill;
     (ii) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration of the patient's confinement, if such information is requested by the next of kin, attorney, personal representative, guardian, or conservator; and
     (iii) Such other information requested by the next of kin or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator.
     (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)(a) 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.

NEW SECTION.  Sec. 22   The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2012, from the general fund to the administrative office of the courts for the purpose of providing access to the risk assessment tool for pretrial release and detention purposes.

NEW SECTION.  Sec. 23   The sum of ninety thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2012, from the general fund to the administrative office of the courts to be distributed to the Washington state center for court research for the purpose of maintaining the validity of the risk assessment tool.

NEW SECTION.  Sec. 24   The sum of twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2012, from the general fund to The Evergreen State College to be distributed to the Washington state institute for public policy for the purpose of developing the failure to appear risk assessment tool.

NEW SECTION.  Sec. 25   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. 26   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.