_______________________________________________
ENGROSSED
SUBSTITUTE SENATE BILL 6211
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 02/01/96.
Concerning
interlocal agreements.
AN ACT
Relating to criminal justice costs; adding a new section to chapter 39.34 RCW;
and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 39.34 RCW to read as follows:
(1)
Each county, city, and town is responsible for the prosecution, adjudication,
sentencing, and incarceration of misdemeanor and gross misdemeanor offenses
committed by adults in their respective jurisdictions, and referred from their
respective law enforcement agencies, whether filed under state law or city
ordinance, and must carry out these responsibilities through the use of their
own courts, staff, and facilities, or by entering into contracts or interlocal
agreements under this chapter to provide these services. Nothing in this
section is intended to alter the statutory responsibilities of each county for
the prosecution, adjudication, sentencing, and incarceration for not more than
one year of felony offenders, nor shall this section apply to any offense
initially filed by the prosecuting attorney as a felony offense or an attempt
to commit a felony offense.
(2)
The following principles must be followed in negotiating interlocal agreements
or contracts: Cities and counties must consider (a) anticipated costs of
services; and (b) anticipated and potential revenues to fund the services,
including fines and fees, criminal justice funding, and state-authorized sales
tax funding levied for criminal justice purposes.
(3) If
an agreement as to the levels of compensation within an interlocal agreement or
contract for gross misdemeanor and misdemeanor services cannot be reached
between a city and county, then either party may invoke binding arbitration on
the compensation issued by notice to the other party. In the case of
establishing initial compensation, the notice shall request arbitration within
thirty days. In the case of nonrenewal of an existing contract or interlocal
agreement, the notice must be given one hundred twenty days prior to the
expiration of the existing contract or agreement and the existing contract or
agreement remains in effect until a new agreement is reached or until an
arbitration award on the matter of fees is made. The city and county each
select one arbitrator, and the initial two arbitrators pick a third arbitrator.
(4)
For cities or towns that have not adopted, in whole or in part, criminal code
or ordinance provisions related to misdemeanor and gross misdemeanor crimes as
defined by state law, this section shall have no application until July 1,
1998.
NEW
SECTION. Sec. 2. This act
shall take effect January 1, 1997.
