BP BHEAD INT S [atlas:bill]

AN ACT Relating to financial assistance to cities, towns, and counties for the investigation of extraordinary crimes; amending RCW 43.84.092 and 9.94A.386; reenacting and amending RCW 9.94A.145; adding new sections to chapter 43.101 RCW; adding a new section to chapter 9.92 RCW; and adding a new section to chapter 3.62 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.101 RCW to read as follows:

The extraordinary criminal investigations assistance account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to reimburse the extraordinary salary costs incurred by local law enforcement in the investigations of extraordinary crimes and for the administrative costs of processing claims.

NEW SECTION. Sec. 2. A new section is added to chapter 43.101 RCW to read as follows:

Cities, towns, and counties may submit claims to the commission for reimbursement from the extraordinary criminal investigations assistance account. The claims shall be limited to the costs of law enforcement officer salaries incurred in the investigation of a case. All claims submitted to the commission shall be forwarded to the Washington association of sheriffs and police chiefs. The association shall review the claim using the procedures and criteria adopted under section 3 of this act. The association shall make a recommendation to the commission on how much, if any, should be paid on the claim.

NEW SECTION. Sec. 3. A new section is added to chapter 43.101 RCW to read as follows:

The Washington association of sheriffs and police chiefs shall, at a public meeting, adopt procedures and criteria for reimbursement awards under section 2 of this act. The procedures shall include, at a minimum, how long claims are to take to be evaluated, documentation required as part of the claim, and how claims are to be processed or prioritized when claims exceed available revenue. The criteria shall identify the types of extraordinary criminal investigations eligible for reimbursement and shall also include, at a minimum, the following factors: Nature of the crime; cost of the investigation; size of the jurisdiction or jurisdictions; and ability of the jurisdiction or jurisdictions to pay. Upon adoption, the procedures and criteria shall be transmitted to the commission. The criteria and procedures, and any amendments thereto, are public records within the meaning of chapter 42.17 RCW. A revision to the criteria or process must also be adopted by the association in a public meeting and forwarded to the commission.

NEW SECTION. Sec. 4. A new section is added to chapter 43.101 RCW to read as follows:

Subject to available moneys and to appropriation, the commission may reimburse investigative costs from the extraordinary criminal investigations assistance account. Reimbursements may be made only in the amount recommended by the Washington association of sheriffs and police chiefs. Reimbursement may not exceed the costs of law enforcement salaries incurred in the investigation of the case. Reimbursement may not be made for overhead equipment, officer training, officer benefits, consultants, outside experts, or any expense other than the salaries of the investigating officers. The commission may withhold recommended reimbursements only if the account lacks sufficient moneys, if the commission has cause to believe the claim or claim amount is fraudulent, or if the commission believes the claim was not reviewed in accordance with the published criteria and procedures.

Sec. 5. RCW 43.84.092 and 1997 c 218 s 5 are each amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the extraordinary criminal investigations assistance fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system plan II account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the department of licensing services account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the gasohol exemption holding account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, the highway safety account, the marine operating fund, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the small city account, the special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation revolving loan account, and the urban arterial trust account.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 6. RCW 9.94A.386 and 1984 c 209 s 23 are each amended to read as follows:

On all sentences under this chapter the court shall impose a twenty-dollar fine for each felony committed. Revenue from this fine shall be forwarded to the state treasurer for deposit in the extraordinary criminal investigations assistance account. This fine shall not be waived or reduced under any circumstances. The court may impose additional fines according to the following ranges:

Class A felonies $0 - 50,000

Class B felonies $0 - 20,000

Class C felonies $0 - 10,000

The court shall apply any amounts received by or on behalf of the defendant first to satisfy any court-ordered victim restitution, and then to satisfy any fine imposed for the extraordinary criminal investigations assistance account.

NEW SECTION. Sec. 7. A new section is added to chapter 9.92 RCW to read as follows:

When sentencing any offender for any misdemeanor or gross misdemeanor, the court shall impose a ten-dollar fine for each misdemeanor or gross misdemeanor committed. Revenue from this fine shall be forwarded to the state treasurer for deposit in the extraordinary criminal investigations assistance account. The fine shall not be waived or reduced under any circumstances. The court shall remit any amounts received by or on behalf of the defendant first to satisfy any court-ordered victim restitution, and then to satisfy any fine imposed for the extraordinary criminal investigations assistance account.

NEW SECTION. Sec. 8. A new section is added to chapter 3.62 RCW to read as follows:

When sentencing any offender for any misdemeanor or gross misdemeanor, all courts organized under Title 3 or 35 RCW shall impose a ten-dollar fine for each misdemeanor or gross misdemeanor committed. Revenue from this fine shall be forwarded to the state treasurer for deposit in the extraordinary criminal investigations assistance account. The court shall apply any amounts received by or on behalf of the defendant first to satisfy any court-ordered victim restitution, and then to satisfy the fine imposed under this section.

Sec. 9. RCW 9.94A.145 and 1997 c 121 s 5 and 1997 c 52 s 3 are each reenacted and amended to read as follows:

(1) Whenever a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount. Upon receipt of an offender's monthly payment, after restitution ((is)) and the fine imposed for the extraordinary criminal investigations assistance account are satisfied, the county clerk shall distribute the payment proportionally among all other fines, costs, and assessments imposed, unless otherwise ordered by the court.

(2) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ordered by the court. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department of corrections.

(3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be immediately issued. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.

If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.

(4) All legal financial obligations that are ordered as a result of a conviction for a felony, may also be enforced in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. If restitution is ordered pursuant to RCW 9.94A.140(3) or 9.94A.142(3) to a victim of rape of a child and the victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.140(3) and 9.94A.142(3). All other legal financial obligations may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation.

(5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to truthfully and honestly respond to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring any and all documents as requested by the department.

(6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.

(7) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. Also, during the period of supervision, the offender may be required at the request of the department to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to truthfully and honestly respond to all questions concerning earning capabilities and the location and nature of all property or financial assets. Also, the offender is required to bring any and all documents as requested by the department in order to prepare the collection schedule.

(8) After the judgment and sentence or payment order is entered, the department shall for any period of supervision be authorized to collect the legal financial obligation from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purposes of disbursements. The department is authorized to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.

(9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.2001.

(10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties as provided in RCW 9.94A.200 for noncompliance.

(11) The county clerk shall provide the department with individualized monthly billings for each offender with an unsatisfied legal financial obligation and shall provide the department with notice of payments by such offenders no less frequently than weekly.