WSR 05-13-161

PROPOSED RULES

DEPARTMENT OF CORRECTIONS


[ Filed June 21, 2005, 3:36 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-08-143.

Title of Rule and Other Identifying Information: Amendments to WAC 137-70-040 Reimbursable impacts/rates.

Hearing Location(s): Department of Corrections, 2nd Floor Conference Room, 410 West 5th Street, Olympia, WA 98504, on July 26, 2005, at 1 p.m.

Date of Intended Adoption: July 26, 2005.

Submit Written Comments to: John R. Nispel, Rules Coordinator, Department of Corrections, P.O. Box 41114, Olympia, WA 98504-1114, fax (360) 664-2009, by July 20, 2005.

Assistance for Persons with Disabilities: Contact John R. Nispel by July 21, 2005, (360) 586-2160.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Increase the reimbursement rates for criminal justice expenses.

Summary: Increase the rates for reimbursement of criminal justice costs of local jurisdictions impacted by Department of Corrections institutions.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes will enhance discipline in the institutions operated by the department, further refining and clarifying disciplinary behavior. The following changes are proposed: WAC 137-70-040 Reimbursable impacts/rates, increase reimbursement rates of criminal justice costs.

Reasons Supporting Proposal: The reimbursement rates need 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 jurisdiction.

Statutory Authority for Adoption: RCW 72.01.090, 72.72.040.

Statute Being Implemented: Chapter 72.72 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington State Department of Corrections, governmental.

Name of Agency Personnel Responsible for Drafting: John Nispel, P.O. Box 41114, Olympia, WA 98504-1114, (360) 586-2160; Implementation and Enforcement: Eldon Vail, Deputy Secretary, P.O. Box 41118, Olympia, WA 98504-1118, (360) 753-1502.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules will not impose costs on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule adoption as the agency is not named in RCW 34.05.328 (5)(a)(i).

June 21, 2005

H. W. Clarke

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