CERTIFICATION OF ENROLLMENT

 

             ENGROSSED SUBSTITUTE SENATE BILL 6211

 

 

                   Chapter 308, Laws of 1996

 

 

                        54th Legislature

                      1996 Regular Session

 

 

  CRIMINAL JUSTICE COSTS--INTERLOCAL AGREEMENTS AND CONTRACTS

 

 

                    EFFECTIVE DATE:  1/1/97

Passed by the Senate March 7, 1996

  YEAS 47   NAYS 2

 

 

 

            JOEL PRITCHARD

President of the Senate

 

Passed by the House March 5, 1996

  YEAS 94   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6211 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

             MARTY BROWN

                            Secretary

 

 

Approved March 30, 1996 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

           March 30, 1996 - 4:42 p.m.

 

 

 

              MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

               ENGROSSED SUBSTITUTE SENATE BILL 6211

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1996 Regular Session

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Smith, Hale, McCaslin and Hochstatter)

 

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.


    Passed the Senate March 7, 1996.

    Passed the House March 5, 1996.

Approved by the Governor March 30, 1996.

    Filed in Office of Secretary of State March 30, 1996.