WSR 05-05-074

EMERGENCY RULES

DEPARTMENT OF CORRECTIONS


[ Filed February 15, 2005, 1:53 p.m. , effective February 15, 2005 ]


Purpose: Increase the rates for reimbursement of criminal justice costs of local jurisdictions impacted by DOC institutions.

Citation of Existing Rules Affected by this Order: Amending WAC 137-70-040.

Statutory Authority for Adoption: RCW 72.72.040.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The reimbursement rates need immediate adjustment to provide additional resources to local governments performing law enforcement and criminal justice activities related to criminal behavior of offenders in institutions located in their jurisdictions.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 15, 2005.

Eldon Vail

Acting Secretary

OTS-7821.1


AMENDATORY SECTION(Amending Order 89-04, filed 5/25/89)

WAC 137-70-040   Reimbursable impacts/rates -- Criminal justice costs.   Reimbursement shall be restricted to fully documented law enforcement, prosecutorial, judicial and jail facility costs, as defined herein, at the actual costs of the submitting jurisdiction, not to exceed the following rates:

(1) Law enforcement costs are costs incurred by any political subdivision in apprehending escapees, in investigating crimes committed by state institutional inmates including pretrial investigations within or outside the institution, or in providing security for inmates outside the jail facility. These costs are reimbursable at the following rates:

(((a) $19.03 per hour for the period July 1, 1985, through June 30, 1986.

(b) $19.81 per hour for the period July 1, 1986, through June 30, 1989.)) $23.96 per hour.

(2) If an escape or investigation results in the filing of a criminal complaint, the impacted political subdivision shall be entitled to attorney costs associated with the prosecution and/or defense of the filed action. These costs are reimbursable at the following maximum rates:

(((a) $45.50 per hour from July 1, 1985, through June 30, 1986.

(b) $47.37 per hour from July 1, 1986, through June 30, 1989.)) $57.32 per hour.

(3) Reimbursement for judicial costs incurred as a result of the filing of a criminal complaint shall be limited to judges, court reporters, transcript typing or preparation, witness fees and jury fees. These costs are reimbursable at the following maximum rates:

(a) Judges - (($42.41 per hour from July 1, 1985, through June 30, 1986, and $44.15 per hour for the period July 1, 1986, through June 30, 1989.)) $57.32 per hour. These costs shall include the services of court clerks and bailiffs.

(b) Court reporters - (($19.08 per hour from July 1, 1985, through June 30, 1986, and $19.86 per hour for the period July 1, 1986, through June 30, 1989.)) $24.71 per hour.

(c) Transcript typing services - (($3.80 per page from July 1, 1985, through June 30, 1986, and $3.96 per page for the period July 1, 1986, through June 30, 1989.)) $4.79 per page.

(d) Expert witnesses - (($63.86 per hour from July 1, 1985, through June 30, 1986, and $66.48 per hour for the period July 1, 1986, through June 30, 1989.)) $80.43 per hour.

(e) Witness fees/nonexpert - jury fees - reimbursable at the rate established by the local governmental legislative authority up to a maximum of (($28.67 per day for the period July 1, 1985, through June 30, 1986, and $29.85 for the period July 1, 1986, through June 30, 1989.)) $36.11 per day.

(4) Jail facility costs resulting from the escape or criminal complaint shall be reimbursed at the ((following maximum rate: $15.00 per inmate day from July 1, 1985, through June 30, 1987, $18.00 for the period July 1, 1987, through July 31, 1988, and $30.00 for the period August 1, 1988, through June 30, 1989)) rates established by OFM.

(5) Coroner - Where an inmate dies as a result of criminal activity of another inmate, coroner costs incurred by a local jurisdiction may be reimbursed up to a maximum amount established by the department as reasonable.

(6) Medical costs - Where an inmate is in the custody of a local jurisdiction as a result of a crime committed while incarcerated in a state institution, extraordinary medical costs, beyond the routine medical services of the jail, may be reimbursed at the discretion of the department. Counties, cities, and towns shall notify the department prior to incurring expenses for extraordinary medical expenses, where practicable, to allow the department an opportunity to provide the necessary medical care directly.

[Statutory Authority: RCW 34.04.025. 89-12-003 (Order 89-04), 137-70-040, filed 5/25/89. Statutory Authority: RCW 72.72.040. 87-22-064 (Order 87-04), 137-70-040, filed 11/3/87; 87-14-044 (Order 87-02), 137-70-040, filed 6/30/87; 87-03-029 (Order 86-07), 137-70-040, filed 1/14/87; 86-02-053 (Order 85-13), 137-70-040, filed 12/31/85. Statutory Authority: Chapter 72.72 RCW. 85-12-020 (Order 85-08), 137-70-040, filed 5/29/85, effective 7/1/85. Statutory Authority: RCW 72.72.040. 84-11-033 (Order 84-06), 137-70-040, filed 5/14/84. Statutory Authority: Chapter 34.04 RCW. 83-24-058 (Order 83-13), 137-70-040, filed 12/6/83. Statutory Authority: Chapter 72.72 RCW. 82-17-044 (Order 82-10), 137-70-040, filed 8/16/82.]

Washington State Code Reviser's Office