AN ACT Relating to criminal justice programs;
amending RCW 82.14.310, 82.14.320, 82.14.330, 43.101.200, 82.44.110, and
72.09.300; reenacting and amending RCW 82.14.340; adding a new section to
chapter 82.14 RCW; making an appropriation; providing effective dates; and
declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 82.14.310 and 1991 c 311 s 1 are each amended to read as follows:
(1) The county criminal justice assistance
account is created in the state treasury. ((The account shall consist of
all motor vehicle excise tax receipts deposited into the account under chapter
82.44 RCW.))
(2) The moneys deposited in the county criminal
justice assistance account for distribution under this section shall be
distributed at such times as distributions are made under RCW 82.44.150 and on
the relative basis of each county's funding factor as determined under this
subsection.
(a) A county's funding factor is the sum of:
(i) The population of the county, divided by
one thousand, and multiplied by two-tenths;
(ii) The crime rate of the county, multiplied
by three-tenths; and
(iii) The annual number of criminal cases filed
in the county superior court, for each one thousand in population, multiplied
by five-tenths.
(b) Under this section and RCW 82.14.320 and
82.14.330:
(i) The population of the county or city shall
be as last determined by the office of financial management;
(ii) The crime rate of the county or city is
the annual occurrence of specified criminal offenses, as calculated in the most
recent annual report on crime in Washington state as published by the
Washington association of sheriffs and police chiefs, for each one thousand in
population;
(iii) The annual number of criminal cases filed
in the county superior court shall be determined by the most recent annual
report of the courts of Washington, as published by the office of the
administrator for the courts.
(iv) Distributions and eligibility for
distributions in the 1989‑91 biennium shall be based on 1988 figures for
both the crime rate as described under (ii) of this subsection and the annual
number of criminal cases that are filed as described under (iii) of this
subsection. Future distributions shall be based on the most recent figures for
both the crime rate as described under (ii) of this subsection and the annual
number of criminal cases that are filed as described under (iii) of this
subsection.
(3) Moneys distributed under this section shall
be expended exclusively for criminal justice purposes and shall not be used to
replace or supplant existing funding. Criminal justice purposes are defined as
activities that substantially assist the criminal justice system, which may
include circumstances where ancillary benefit to the civil justice system occurs,
and which includes domestic violence services such as those provided by
domestic violence programs, community advocates, and legal advocates, as
defined in RCW 70.123.020. Existing funding for purposes of this
subsection is defined as calendar year 1989 actual operating expenditures for
criminal justice purposes. Calendar year 1989 actual operating expenditures
for criminal justice purposes exclude the following: Expenditures for
extraordinary events not likely to reoccur, changes in contract provisions for
criminal justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital expenditures.
(((4) This section expires January 1, 1994.))
Sec. 2.
RCW 82.14.320 and 1992 c 55 s 1 are each amended to read as follows:
(1) The municipal criminal justice assistance
account is created in the state treasury. ((The account shall consist of
all motor vehicle excise tax receipts deposited into the account under chapter
82.44 RCW.))
(2) No city may receive a distribution under
this section from the municipal criminal justice assistance account unless:
(a) The city has a crime rate in excess of one
hundred twenty-five percent of the state-wide average as calculated in the most
recent annual report on crime in Washington state as published by the
Washington association of sheriffs and police chiefs;
(b) The city has levied the tax authorized in
RCW 82.14.030(2) at the maximum rate or the tax authorized in RCW 82.46.010(((2)))
(3) at the maximum rate; and
(c) The city has a per capita yield from the
tax imposed under RCW 82.14.030(1) at the maximum rate of less than one hundred
fifty percent of the state-wide average per capita yield for all cities from
such local sales and use tax.
(3) The moneys deposited in the municipal
criminal justice assistance account for distribution under this section shall
be distributed at such times as distributions are made under RCW 82.44.150.
The distributions shall be made as follows:
(a) Unless reduced by this subsection, thirty
percent of the moneys shall be distributed ratably based on population as last
determined by the office of financial management to those cities eligible under
subsection (2) of this section that have a crime rate determined under
subsection (2)(a) of this section which is greater than one hundred
seventy-five percent of the state-wide average crime rate. No city may receive
more than fifty percent of any moneys distributed under this subsection (a)
but, if a city distribution is reduced as a result of exceeding the fifty
percent limitation, the amount not distributed shall be distributed under (b)
of this subsection.
(b) The remainder of the moneys, including any
moneys not distributed in subsection (2)(a) of this section, shall be
distributed to all cities eligible under subsection (2) of this section ratably
based on population as last determined by the office of financial management.
(4) No city may receive more than thirty
percent of all moneys distributed under subsection (3) of this section.
(5) Notwithstanding other provisions of this
section, the distributions to any city that substantially decriminalizes or
repeals its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), shall be made to the county in which the city is located.
(6) Moneys distributed under this
section shall be expended exclusively for criminal justice purposes and shall
not be used to replace or supplant existing funding. Criminal justice purposes
are defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the civil
justice system occurs, and which includes domestic violence services such as
those provided by domestic violence programs, community advocates, and legal
advocates, as defined in RCW 70.123.020. Existing funding for purposes of
this subsection is defined as calendar year 1989 actual operating expenditures
for criminal justice purposes. Calendar year 1989 actual operating
expenditures for criminal justice purposes exclude the following: Expenditures
for extraordinary events not likely to reoccur, changes in contract provisions
for criminal justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital expenditures.
(((6) This section expires January 1, 1994.))
Sec. 3.
RCW 82.14.330 and 1991 c 311 s 4 are each amended to read as follows:
(1) The moneys deposited in the municipal
criminal justice assistance account for distribution under this section shall
be distributed ((at such times as distributions are made under RCW
82.44.150. Such moneys shall be distributed)) to the cities of the state
as follows:
(a) ((For fiscal year 1991, each city with a
population of under ten thousand shall receive a distribution of three thousand
two hundred fifty dollars. Any remaining moneys shall be distributed to all
cities ratably on the basis of population as last determined by the office of
financial management.
(b) For fiscal year 1992 and thereafter, each
city with a population of under ten thousand shall receive a distribution of
two thousand seven hundred fifty dollars. Any remaining moneys shall be
distributed to all cities ratably on the basis of population as last determined
by the office of financial management.
(2))) Twenty
percent appropriated for distribution shall be distributed to cities with a
three-year average violent crime rate for each one thousand in population in
excess of one hundred fifty percent of the state-wide three-year average
violent crime rate for each one thousand in population. The three-year average
violent crime rate shall be calculated using the violent crime rates for each
of the preceding three years from the annual reports on crime in Washington
state as published by the Washington association of sheriffs and police
chiefs. Moneys shall be distributed under this subsection (1)(a) ratably based
on population as last determined by the office of financial management, but no
city may receive more than one dollar per capita.
(b) Sixteen percent shall be distributed to
cities ratably based on population as last determined by the office of financial
management, but no city may receive less than one thousand dollars.
The moneys deposited in the municipal
criminal justice assistance account for distribution under this subsection
shall be distributed at such times as distributions are made under RCW
82.44.150.
Moneys distributed under this ((section))
subsection shall be expended exclusively for criminal justice purposes
and shall not be used to replace or supplant existing funding. Criminal
justice purposes are defined as activities that substantially assist the
criminal justice system, which may include circumstances where ancillary
benefit to the civil justice system occurs, and which includes domestic
violence services such as those provided by domestic violence programs,
community advocates, and legal advocates, as defined in RCW 70.123.020.
Existing funding for purposes of this subsection is defined as calendar year
1989 actual operating expenditures for criminal justice purposes. Calendar
year 1989 actual operating expenditures for criminal justice purposes exclude
the following: Expenditures for extraordinary events not likely to reoccur,
changes in contract provisions for criminal justice services, beyond the
control of the local jurisdiction receiving the services, and major nonrecurring
capital expenditures.
(2) In addition to the distributions under
subsection (1) of this section:
(a) Fourteen percent shall be distributed to
cities that have initiated innovative law enforcement strategies, including
alternative sentencing and crime prevention programs. No city may receive more
than one dollar per capita under this subsection (2)(a).
(b) Twenty percent shall be distributed to
cities that have initiated programs to help at-risk children or child abuse
victim response programs. No city may receive more than fifty cents per capita
under this subsection (2)(b).
(c) Twenty percent shall be distributed to
cities that have initiated programs designed to reduce the level of domestic
violence within their jurisdictions or to provide counseling for domestic
violence victims. No city may receive more than fifty cents per capita under
this subsection (2)(c).
(d) Ten percent shall be distributed to
cities that contract with another governmental agency for a majority of the
city's law enforcement services.
Moneys distributed under this subsection
shall be distributed to those cities that submit funding requests under this
subsection to the department of community development based on criteria
developed under section 4 of this act. Allocation of funds shall be in
proportion to the population of qualified jurisdictions, but the distribution
to a city shall not exceed the amount of funds requested. Cities shall submit
requests for program funding to the department of community development by
November 1 of each year for funding the following year. The department shall
certify to the state treasurer the cities eligible for funding under this
subsection and the amount of each allocation.
One-half of the moneys distributed under (a)
through (d) of this subsection shall be distributed on March 1st and the
remaining one-half of the moneys shall be distributed on September 1st. Moneys
remaining undistributed under this subsection at the end of each calendar year
shall be distributed to the criminal justice training commission to reimburse
participating city law enforcement agencies with ten or fewer full-time
commissioned patrol officers the cost of temporary replacement of each officer
who is enrolled in basic law enforcement training, as provided in RCW
43.101.200.
If a city is found by the state auditor to
have expended funds received under this subsection in a manner that does not
comply with the criteria under which the moneys were received, the city shall
be ineligible to receive future distributions under this subsection until the
use of the moneys are justified to the satisfaction of the director or are
repaid to the state general fund. The director may allow noncomplying use of
moneys received under this subsection upon a showing of hardship or other
emergent need.
(3) ((This section expires January 1, 1994))
Notwithstanding other provisions of this section, the distributions to any
city that substantially decriminalizes or repeals its criminal code after July
1, 1990, and that does not reimburse the county for costs associated with
criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county
in which the city is located.
NEW SECTION. Sec. 4. A
new section is added to chapter 82.14 RCW to read as follows:
The department of community development shall
adopt criteria to be used in making grants to cities under RCW 82.14.330(2).
In developing the criteria, the department shall create a temporary advisory
committee consisting of the director of community development, two
representatives nominated by the association of Washington cities, and two
representatives nominated by the Washington association of sheriffs and police
chiefs.
Sec. 5.
RCW 43.101.200 and 1989 c 299 s 2 are each amended to read as follows:
(1) All law enforcement personnel, except
volunteers, and reserve officers whether paid or unpaid, initially employed on
or after January 1, 1978, shall engage in basic law enforcement training which
complies with standards adopted by the commission pursuant to RCW 43.101.080 ((and
43.101.160)). For personnel initially employed before January 1, 1990,
such training shall be successfully completed during the first fifteen months
of employment of such personnel unless otherwise extended or waived by the
commission and shall be requisite to the continuation of such employment.
Personnel initially employed on or after January 1, 1990, shall commence basic
training during the first six months of employment unless the basic training
requirement is otherwise waived or extended by the commission. Successful
completion of basic training is requisite to the continuation of employment of
such personnel initially employed on or after January 1, 1990.
(2) The commission shall provide the
aforementioned training together with necessary facilities, supplies,
materials, and the board and room of noncommuting attendees for seven days per
week. Additionally, to the extent funds are provided for this purpose,
the commission shall reimburse to participating law enforcement agencies with
ten or less full-time commissioned patrol officers the cost of temporary
replacement of each officer who is enrolled in basic law enforcement training:
PROVIDED, That such reimbursement shall include only the actual cost of
temporary replacement not to exceed the total amount of salary and benefits
received by the replaced officer during his training period.
Sec. 6.
RCW 82.14.340 and 1991 c 311 s 5 and 1991 c 301 s 16 are each reenacted and
amended to read as follows:
The legislative authority of any county ((with
a population of two hundred thousand or more, any county located east of the
crest of the Cascade mountains with a population of one hundred fifty thousand
or more, and any other county with a population of one hundred fifty thousand
or more that has had its population increase by at least twenty-four percent
during the preceding nine years, as certified by the office of financial management
for the first day of April of each year, may and, if requested by resolution of
the governing bodies of cities in the county with an aggregate population equal
to or greater than fifty percent of the total population of the county, as last
determined by the office of financial management, shall submit an authorizing
proposition to the voters of the county and if approved by a majority of
persons voting,)) may fix and impose a sales and use tax in
accordance with the terms of this chapter, provided that such sales and use
tax is subject to repeal by referendum, using the procedures provided in RCW
82.14.036. The referendum procedure provided in RCW 82.14.036 is the exclusive
method for subjecting any county sales and use tax ordinance or resolution to a
referendum vote.
The tax authorized in this section shall be in
addition to any other taxes authorized by law and shall be collected from those
persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW
upon the occurrence of any taxable event within such county. The rate of tax
shall equal one-tenth of one percent of the selling price (in the case of a
sales tax) or value of the article used (in the case of a use tax).
When distributing moneys collected under this
section, the state treasurer shall distribute ten percent of the moneys to the
county in which the tax was collected. The remainder of the moneys collected
under this section shall be distributed to the county and the cities within the
county ratably based on population as last determined by the office of
financial management. In making the distribution based on population, the
county shall receive that proportion that the unincorporated population of the
county bears to the total population of the county and each city shall receive
that proportion that the city incorporated population bears to the total county
population.
Moneys received from any tax imposed under this
section shall be expended exclusively for criminal justice purposes and shall
not be used to replace or supplant existing funding. Criminal justice purposes
are defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the civil
justice system occurs, and which includes domestic violence services such as
those provided by domestic violence programs, community advocates, and legal
advocates, as defined in RCW 70.123.020. Existing funding for purposes of
this subsection is defined as calendar year 1989 actual operating expenditures
for criminal justice purposes. Calendar year 1989 actual operating
expenditures for criminal justice purposes exclude the following: Expenditures
for extraordinary events not likely to reoccur, changes in contract provisions
for criminal justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital expenditures. ((Moneys
received by the county and the cities within the county from any tax imposed
under this section may be expended for domestic violence community advocates,
as defined in RCW 70.123.020, if, prior to July 28, 1991, and prior to approval
of the voters, the legislative authority of the county, which submitted an
authorizing proposition to the voters of the county, adopted by ordinance a
financial plan that included expenditure of a portion of the moneys received
for domestic violence community advocates.
This section expires January 1, 1994.))
Sec. 7.
RCW 82.44.110 and 1993 c ... (Engrossed Senate Bill No. 5978) s 1 are each
amended to read as follows:
The county auditor shall regularly, when
remitting license fee receipts, pay over and account to the director of
licensing for the excise taxes collected under the provisions of this chapter.
The director shall forthwith transmit the excise taxes to the state treasurer.
(1) The state treasurer shall deposit the
excise taxes collected under RCW 82.44.020(1) as follows:
(a) 1.60 percent into the motor vehicle fund to
defray administrative and other expenses incurred by the department in the
collection of the excise tax.
(b) 8.15 percent into the Puget Sound capital
construction account in the motor vehicle fund.
(c) 4.07 percent into the Puget Sound ferry
operations account in the motor vehicle fund.
(d) 8.83 percent into the general fund to be
distributed under RCW 82.44.155.
(e) 4.75 percent into the municipal sales and
use tax equalization account in the general fund created in RCW 82.14.210.
(f) 1.60 percent into the county sales and use
tax equalization account in the general fund created in RCW 82.14.200.
(g) 62.6440 percent into the general fund
through ((December 31, 1993, 71 percent into the general fund beginning
January 1, 1994)) June 30, 1995, and ((66)) 57.6440
percent into the general fund beginning July 1, 1995.
(h) 5 percent into the transportation fund
created in RCW 82.44.180 beginning July 1, 1995.
(i) 5.9686 percent into the county criminal
justice assistance account created in RCW 82.14.310 ((through December 31,
1993)).
(j) 1.1937 percent into the municipal criminal
justice assistance account for distribution under RCW 82.14.320 ((through
December 31, 1993)).
(k) 1.1937 percent into the municipal criminal
justice assistance account for distribution under RCW 82.14.330 ((through
December 31, 1993)).
Notwithstanding (i) through (k) of this
subsection, no more than sixty million dollars shall be deposited into the
accounts specified in (i) through (k) of this subsection for the period January
1, 1994, through June 30, 1995. For the fiscal year ending June 30, 1998, and
for each fiscal year thereafter, the amounts deposited into the accounts
specified in (i) through (k) of this subsection shall not increase by more than
the amounts deposited into those accounts in the previous fiscal year increased
by the implicit price deflator for the previous fiscal year. Any revenues in
excess of this amount shall be deposited into the general fund.
(2) The state treasurer shall deposit the
excise taxes collected under RCW 82.44.020(2) into the transportation fund.
(3) The state treasurer shall deposit the
excise tax imposed by RCW 82.44.020(3) into the air pollution control account
created by RCW 70.94.015.
Sec. 8.
RCW 72.09.300 and 1991 c 363 s 148 are each amended to read as follows:
(1) ((A)) Every county
legislative authority ((may)) shall by resolution or ordinance
establish a local law and justice council. The county legislative authority
shall determine the size and composition of the council, which shall include
the county sheriff and a representative of the municipal police departments
within the county, the county prosecutor and a representative of the municipal
prosecutors within the county, a representative of the city legislative
authorities within the county, a representative of the county's superior,
district, and municipal courts, the county jail administrator, the county
clerk, the county risk manager, and the secretary of corrections. Officials
designated may appoint representatives.
(2) A combination of counties may establish a
local law and justice council by intergovernmental agreement. The agreement
shall comply with the requirements of this section.
(3) The local law and justice council shall
develop a local law and justice plan for the county. The council shall design
the elements and scope of the plan, subject to final approval by the county
legislative authority. The general intent of the plan shall include seeking
means to maximize local resources including personnel and facilities,
reduce duplication of services, and share resources between local and state
government in order to accomplish local efficiencies without diminishing
effectiveness. The plan shall also include a section on jail management.
This section may include the following elements:
(a) A description of current jail conditions,
including whether the jail is overcrowded;
(b) A description of potential alternatives to
incarceration;
(c) A description of current jail resources;
(d) A description of the jail population as it
presently exists and how it is projected to change in the future;
(e) A description of projected future resource
requirements;
(f) A proposed action plan, which shall include
recommendations to maximize resources, maximize the use of intermediate
sanctions, minimize overcrowding, avoid duplication of services, and
effectively manage the jail and the offender population;
(g) A list of proposed advisory jail standards
and methods to effect periodic quality assurance inspections of the jail;
(h) A proposed plan to collect, synthesize, and
disseminate technical information concerning local criminal justice activities,
facilities, and procedures;
(i) A description of existing and potential
services for offenders including employment services, substance abuse
treatment, mental health services, and housing referral services.
(4) The council may propose other elements of
the plan, which shall be subject to review and approval by the county
legislative authority, prior to their inclusion into the plan.
(5) The county legislative authority may
request technical assistance in developing or implementing the plan from other
units or agencies of state or local government, which shall include the
department, the office of financial management, and the Washington association
of sheriffs and police chiefs.
(6) Upon receiving a request for assistance
from a county, the department may provide the requested assistance.
(7) The secretary may adopt rules for the
submittal, review, and approval of all requests for assistance made to the
department. The secretary may also appoint an advisory committee of local and
state government officials to recommend policies and procedures relating to the
state and local correctional systems and to assist the department in providing
technical assistance to local governments. The committee shall include representatives
of the county sheriffs, the police chiefs, the county prosecuting attorneys,
the county and city legislative authorities, and the jail administrators. The
secretary may contract with other state and local agencies and provide funding
in order to provide the assistance requested by counties.
(8) The department shall establish a base level
of state correctional services, which shall be determined and distributed in a
consistent manner state-wide. The department's contributions to any local
government, approved pursuant to this section, shall not operate to reduce this
base level of services.
NEW SECTION. Sec. 9.
The sum of sixty million dollars is appropriated as follows:
(1) The sum of forty-two million eight hundred
fifty-seven thousand three hundred forty-eight dollars, or so much thereof as
may be necessary, is appropriated from the county criminal justice assistance
account in the general fund to the state treasurer for the biennium ending June
30, 1995, for county criminal justice assistance under RCW 82.14.310.
(2) The sum of seventeen million one hundred
forty-two thousand six hundred fifty-two dollars, or so much thereof as may be
necessary, is appropriated from the municipal criminal justice assistance
account in the general fund to the state treasurer for the biennium ending June
30, 1995, for municipal criminal justice assistance under RCW 82.14.320 and
82.14.330.
NEW SECTION. Sec. 10.
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 shall take effect July 1, 1993, except for section 4 of this
act, which shall take effect immediately, and sections 1 through 3, 5, and 7 of
this act, which shall take effect January 1, 1994.
