S-1927.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5329

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Loveland, Deccio, Smith and Winsley)

Read first time 03/01/95.

Clarifying which jurisdictions bear the financial responsibility for persons convicted of a misdemeanor.

     AN ACT Relating to local government costs for criminal prosecutions; amending RCW 3.62.070 and 70.48.400; and providing an effective date.

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

     Sec. 1.  RCW 3.62.070 and 1994 c 266 s 15 are each amended to read as follows:

     Except in traffic cases wherein bail is forfeited or a monetary penalty paid to a violations bureau, and except in cases filed in municipal departments established pursuant to chapter 3.46 RCW and except in cases where a city has contracted with another city for such services pursuant to chapter 39.34 RCW, in every criminal or traffic infraction action filed by a city for an ordinance violation and in every misdemeanor or gross misdemeanor charge filed by the city, whether under city code or state statute, the city shall be charged a filing fee.  Fees shall be determined pursuant to an agreement as provided for in chapter 39.34 RCW, the interlocal cooperation act, between the city and the county providing the court service.  In such criminal or traffic infraction actions the cost of providing services necessary for the preparation and presentation of a defense at public expense are not within the filing fee and shall be paid by the city.  In all other criminal or traffic infraction actions, no filing fee shall be assessed or collected:  PROVIDED, That in such cases, for the purposes of RCW 3.62.010, four dollars or the agreed filing fee of each fine or penalty, whichever is greater, shall be deemed filing costs.

     In the event no agreement is reached between a city and the county providing the court service, either party may invoke binding arbitration on the fee issue by notice to the other party.  In the case of establishing initial fees, the notice shall be thirty days.  In the case of renewal or proposed nonrenewal, the notice shall be given one hundred twenty days prior to the expiration of the existing contract.  In the event that such issue is submitted to arbitration, the arbitrator or arbitrators shall only consider those additional costs borne by the county in providing district court services for such city.  The city and the county shall each select one arbitrator, the two of whom shall pick a third arbitrator.  The existing contract shall remain in effect until a new agreement is reached or until an arbitration award is made.

     Sec. 2.  RCW 70.48.400 and 1987 c 462 s 11 are each amended to read as follows:

     Persons sentenced to felony terms or a combination of terms of more than three hundred sixty-five days of incarceration shall be committed to state institutions under the authority of the department of corrections.  Persons serving sentences of three hundred sixty-five consecutive days or less may be sentenced to a jail as defined in RCW 70.48.020.  All persons convicted of felonies ((or misdemeanors)) and sentenced to jail shall be the financial responsibility of the ((city or)) county.  All persons convicted of misdemeanors shall be the financial responsibility of the city or county that charged the person.

NEW SECTION. Sec. 3.  This act shall take effect July 1, 1996.

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