BP BHEAD INT S [atlas:bill]

AN ACT Relating to the placement of children under the jurisdiction of the department of social and health services; amending RCW 72.05.020, 74.15.020, and 28A.600.475; reenacting and amending RCW 13.50.010; adding new sections to chapter 72.05 RCW; adding a new section to chapter 74.15 RCW; adding a new section to chapter 13.40 RCW; adding a new chapter to Title 36 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that public safety has been placed at risk by the inappropriate placement of juvenile offenders in licensed community facilities for such offenders. The legislature recognizes that community support for, and participation in, community facilities is critical for the success of the facilities and the programs designed to assist juveniles as they achieve nonoffender status. The legislature intends that public safety be improved by strengthening the safeguards in placement, oversight, and monitoring of juvenile offenders placed in the community and by establishing minimum standards for operation of community facilities.

Sec. 2. RCW 72.05.020 and 1979 c 141 s 178 are each amended to read as follows:

As used in this chapter, unless the context requires otherwise:

(1) "Community facility" means a semi-secure residential facility licensed under Title 74 RCW in which juveniles convicted under chapter 13.40 RCW are placed in a community setting.

(2) "Department" means the department of social and health services.

(3) "Juvenile" means a person under the age of twenty-one who has been convicted under chapter 13.40 RCW.

(4) "Service provider" means the entity that operates a community facility.

Sec. 3. RCW 74.15.020 and 1997 c 245 s 7 are each amended to read as follows:

For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

(1) "Department" means the state department of social and health services;

(2) "Secretary" means the secretary of social and health services;

(3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

(d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

(e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;

(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

(g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;

(h) "Community facility" means a semi-secure residential facility licensed under Title 74 RCW in which juveniles convicted under chapter 13.40 RCW are placed in a community setting;

(i) "Service provider" means the entity that operates a community facility.

(4) "Agency" shall not include the following:

(a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:

(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

(ii) Stepfather, stepmother, stepbrother, and stepsister;

(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

(iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (4)(a), even after the marriage is terminated; or

(v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

(d) Parents on a mutually cooperative basis exchange care of one another's children;

(e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

(f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

(g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

(h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

(i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

(j) Licensed physicians or lawyers;

(k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

(l) Facilities approved and certified under chapter 71A.22 RCW;

(m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

(n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

(o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

(p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

(5) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

(6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

(7) "Juvenile" means a person under the age of twenty-one who has been convicted under chapter 13.40 RCW.

Sec. 4. RCW 13.50.010 and 1997 c 386 s 21 and 1997 c 338 s 39 are each reenacted and amended to read as follows:

(1) For purposes of this chapter:

(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, the department of social and health services and its contracting agencies, schools; ((~~and, in addition,~~)) persons or public or private agencies having children committed to their custody; and the placement oversight committee created in section 9 of this act;

(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court((~~, upon proof presented,~~)) to be false or inaccurate shall be corrected or expunged from such records by the agency;

(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

(9) Juvenile detention facilities shall release records to the sentencing guidelines commission under RCW 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

(10) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombudsman.

NEW SECTION. Sec. 5. A new section is added to chapter 72.05 RCW to read as follows:

(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.

(2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:

(a) When a selection process by the secretary or a service provider has reduced the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited.

(b) When the secretary or service provider has determined the community facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.

(c) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days advance notice of the meeting to all newspapers of general circulation in the community, all radio and television stations generally available to persons in the community, any school district in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, any library district in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility.

(3) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.

NEW SECTION. Sec. 6. A new section is added to chapter 72.05 RCW to read as follows:

(1) The department shall operate and maintain a staffed, toll-free twenty-four-hour hotline for the purpose of receiving reports of violations of conditions set for juveniles who are placed in community facilities.

(2) The department shall include the phone number on all documents distributed to the juvenile, his or her employer, school, parents, and treatment providers.

(3) The department shall include the phone number in every contract it executes with any service provider after the effective date of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 74.15 RCW to read as follows:

Whenever the secretary contracts with a service provider to operate a community facility, the contract shall include a requirement that each service provider must report to the department any known infraction or violation committed by any juvenile under its supervision. The report must be made within two hours of learning of the infraction or violation.

The secretary shall adopt rules to enforce the provisions of this section. The rules shall contain a schedule of monetary penalties not to exceed the total compensation set forth in the contract, and include provisions for termination of all contracts with a service provider that has repeated serious violations of this section.

The secretary shall document in writing all violations, penalties, actions by the department to remove juveniles from a community facility, and contract terminations. The department shall give great weight to a service provider's record of violations, penalties, actions by the department to remove juveniles from a community facility, and contract terminations in determining to execute, renew, or renegotiate a contract with a service provider.

NEW SECTION. Sec. 8. A new section is added to chapter 72.05 RCW to read as follows:

The department shall adopt an infraction policy for juveniles placed in community facilities who commit serious infractions or serious violations of conditions set by the department. The policy shall include a mandatory return to a close or medium security institution for every juvenile who commits a serious infraction or violation. A juvenile who is returned to an institution under this section shall remain there for at least fifty percent of the maximum time remaining on his or her sentence at the time of the infraction or violation. The department shall define the terms "serious infraction" and "serious violation" in rule and shall include the commission of any criminal offense, any unlawful use or possession of a controlled substance, and any use or possession of an alcoholic beverage.

NEW SECTION. Sec. 9. A new section is added to chapter 72.05 RCW to read as follows:

(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility must be operated in accordance with the requirements of this section.

(2) The secretary shall establish, or require the chief operating officer of a service provider to establish, a placement oversight committee. The committee may review and approve the residential and appropriate educational placement of any juvenile who the secretary proposes to locate in the community facility. The committee shall include, at a minimum, four persons residing within a one-mile radius of the community facility, representatives of local law enforcement, and representatives of the school district in which offenders residing at the community facility are likely to be enrolled.

(3) The secretary shall provide the committee with the name and all relevant records of any juvenile offender who the secretary proposes for placement in the community facility. The records shall include previous placements in a community facility and all infractions and violations of the conditions set by the department. The information shall be in writing and provided at least ten days in advance of the date of the intended placement.

(4) Members of the committee shall sign and adhere to a confidentiality agreement that protects the juveniles from disclosure of information deemed confidential by law.

(5) The committee may review and approve the proposed placement up to three business days prior to the juvenile's transfer to the community facility. If the committee disapproves a proposed placement it shall notify the secretary immediately, in the most expedient manner possible, and shall provide the secretary written notice of its decision within two business days of its decision.

(6) The committee shall consider whether a juvenile who is proposed for residence in a community facility is likely to adhere to conditions of placement, commit offenses while in placement, continue in appropriate treatment, or present a serious threat to other community facility residents or staff, and may consider other relevant conditions which bear on the likelihood the juvenile will succeed in making a transition to nonoffender status.

(7) The committee and its members shall not be liable in any cause of action as a result of its decision in regard to a proposed placement of a juvenile.

(8) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(9) Except as provided in RCW 13.40.215, at least seventy-two hours prior to placing a juvenile in a community facility the secretary shall provide to the chief law enforcement officer of the jurisdiction in which the community facility is sited: (a) The name of the juvenile; (b) the juvenile's criminal history; and (c) such other relevant and disclosable information the law enforcement officer may request.

NEW SECTION. Sec. 10. A new section is added to chapter 72.05 RCW to read as follows:

(1) The department shall not place an offender in a community facility unless:

(a) The department has conducted a risk assessment, including a determination of drug and alcohol abuse, and the results indicate the juvenile will not pose a high risk to public safety; and

(b) The offender has spent at least ten percent of his or her sentence, but in no event less than thirty days, in a secure institution operated by, or under contract with, the department.

The risk assessment must include all prior convictions and any serious infractions or serious violations while under the jurisdiction of the secretary.

(2) No juvenile offender may be placed in a community facility until the juvenile's student records and information have been received and the department has reviewed them in conjunction with all other information used to assess risk, security classification, and placement of the juvenile.

(3) A juvenile offender shall not be placed in a community facility until the department's risk assessment and security classification is complete, local law enforcement has been properly notified, and the community placement oversight committee has reviewed and approved the placement.

Sec. 11. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:

School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to any lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Except as provided in section 12 of this act, parents and students shall be notified by the school district of all such orders or subpoenas in advance of compliance with them.

NEW SECTION. Sec. 12. A new section is added to chapter 13.40 RCW to read as follows:

Pursuant to RCW 28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g(b), and in order to serve the juvenile while in detention and to prepare any postconviction services, schools shall make all student records and information necessary for risk assessment, security classification, and placement available to court personnel and the department within three working days of a request under this section.

When a juvenile has one or more prior convictions, a request for records shall be made by the county prosecuting attorney, or probation department if available, to the school not more than ten days following the juvenile's arrest or detention, whichever occurs later, and prior to trial. The request may be made by subpoena.

Where a juvenile has no prior conviction, a request to release records shall be made by subpoena upon the juvenile's conviction. When the request for a juvenile's student records and information is made by subpoena following conviction, the court or other issuing agency shall order the school on which the subpoena is served not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. When the court or issuing agency so orders, the school shall not provide notice to the juvenile or his or her parents.

NEW SECTION. Sec. 13. A new section is added to chapter 72.05 RCW to read as follows:

(1) The department shall establish by rule, in consultation with the office of the superintendent of public instruction, those student records and information necessary to conduct a risk assessment, make a security classification, and ensure proper placement. Those records shall include:

(a) Any history of placement in special education programs;

(b) Any past, current, or pending disciplinary action;

(d) Any referrals for drug or alcohol abuse; and

(e) Any health conditions affecting the juvenile's placement needs.

(2) For purposes of this section "gang" has the meaning defined in RCW 28A.225.225.

NEW SECTION. Sec. 14. A new section is added to chapter 72.05 RCW to read as follows:

(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the placement and supervision of juveniles must be accomplished in accordance with this section.

(2) The secretary shall require that any juvenile placed in a community facility and who is employed or regularly assigned as a volunteer be subject to monitoring for compliance with requirements for attendance at his or her job or assignment. The monitoring requirements shall be included in a written agreement between the employer or supervisor, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:

(a) Acknowledgment of the juvenile's offender status;

(b) The name, address, and telephone number of the community facility at which the juvenile resides;

(d) The name and work telephone number of all persons responsible for the supervision of the juvenile;

(e) A prohibition on the juvenile's departure from the work or volunteer site without prior approval of the person in charge of the community facility;

(f) A prohibition on personal telephone calls except to the community facility;

(g) A prohibition on receiving compensation in any form other than a negotiable instrument;

(h) A requirement that rest breaks during work hours be taken only in those areas at the location which are designated for such breaks;

(i) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

(j) A requirement that any unexcused absence, tardiness, or departure by the juvenile be reported immediately to the person in charge of the community facility;

(k) A requirement that any notice from the juvenile that he or she will not report to the work or volunteer site be verified as legitimate by contacting the person in charge of the community facility; and

(l) An agreement that the community facility will conduct random visits to determine compliance by the juvenile with the terms of this section.

(3) The secretary shall require that any juvenile placed in a community facility and who is enrolled in a public or private school be subject to monitoring for compliance with requirements for attendance at his or her school. The monitoring requirements shall be included in a written agreement between the school district or appropriate administrative officer, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:

(a) Acknowledgment of the juvenile's offender status;

(b) The name, address, and telephone number of the community facility at which the juvenile resides;

(d) The name and work telephone number of at least two persons at the school to contact if issues arise concerning the juvenile's compliance with the terms of his or her attendance at school;

(e) A prohibition on the juvenile's departure from the school without prior approval of the appropriate person at the school;

(f) A prohibition on personal telephone calls except to the community facility;

(g) A requirement that the juvenile remain on school grounds except for authorized and supervised school activities;

(h) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

(i) A requirement that any unexcused absence or departure by the juvenile be reported immediately to the person in charge of the community facility;

(j) A requirement that any notice from the juvenile that he or she will not attend school be verified as legitimate by contacting the person in charge of the community facility; and

(k) An agreement that the community facility will conduct random visits to determine compliance by the juvenile with the terms of this section.

(4) The secretary shall require that when any juvenile placed in a community facility is employed, assigned as a volunteer, or enrolled in a public or private school:

(a) Program staff members shall make periodic and random accountability checks while the juvenile is at the school or work facility;

(b) A program counselor assigned to the juvenile shall contact the juvenile's employer, teacher, or school counselor regularly to discuss school or job performance-related issues.

(5) The department shall maintain a copy of all agreements executed under this section. The department shall also provide each affected juvenile with a copy of every agreement to which he or she is a party. The service provider shall maintain a copy of every agreement it executes under this section.

NEW SECTION. Sec. 15. A new section is added to chapter 72.05 RCW to read as follows:

(1) The department shall establish by rule a policy for the common use of residential group homes for juvenile offenders under the jurisdiction of the juvenile rehabilitation administration and the children's administration.

(2) A juvenile under the jurisdiction of the juvenile rehabilitation administration who is convicted of a class A felony is not eligible for placement in a community facility operated by children's administration that houses juveniles who are not under the jurisdiction of juvenile rehabilitation administration.

NEW SECTION. Sec. 16. A new section is added to chapter 72.05 RCW to read as follows:

(1) A person shall not be eligible for an employed or volunteer position within the juvenile rehabilitation administration or any agency with which it contracts in which the person may have regular access to juveniles under the jurisdiction of the department of social and health services or the department of corrections if the person has been convicted of one or more of the following:

(a) Any felony sex offense;

(b) Any violent offense, as defined in RCW 9.94A.030.

(2) Subsection (1) of this section applies only to persons hired by the department or any of its contracting agencies after the effective date of this act.

(3) Any person employed by the juvenile rehabilitation administration, or by any contracting agency, who may have regular access to juveniles under the jurisdiction of the department or the department of corrections and who is convicted of an offense set forth in this section after the effective date of this act, shall report the conviction to his or her supervisor. The report must be made within seven days of conviction. Failure to report within seven days of conviction constitutes misconduct under Title 50 RCW.

(4) For purposes of this section "may have regular access to juveniles" means access for more than a nominal amount of time.

(5) The department shall adopt rules to implement this section.

NEW SECTION. Sec. 17. (1) There is created a joint legislative task force on group home juvenile offenders. The task force shall review policies on the location of juvenile offenders in community facilities as defined in this act.

The task force shall examine at least the following:

(a) The procedures and policies for reporting violations and infractions by juvenile offenders to the administration;

(b) The methods for creating and maintaining documentation of reports of violations and infractions;

(d) Barriers to improving reporting and documentation;

(e) What consequences for violations and infractions exist and how uniformly they are applied;

(f) The nature and number of, and trends in violations and infractions;

(g) What employment and criminal history reviews are done of persons who are prospective employees of the administration or its service providers, when a person seeks employment in positions which involve supervision or regular contact with juvenile offenders in community facilities;

(h) What revisions in reviews could be done to improve the quality of employees or reduce the likelihood of inappropriate personnel selections;

(i) The barriers that exist to sharing information among all relevant parties in the decision-making process to locate and monitor juvenile offenders in community facilities, and the authority of the state to remove or reduce the barriers;

(j) The level of security at each community facility, at all times of the day and whether the levels are appropriate;

(k) What barriers exist to improving security and the authority of the state to reduce or eliminate the barriers;

(l) What controls exist to monitor and regulate persons who visit the facilities;

(m) The policies and procedures that control random security checks and visits to juvenile offenders who are outside the facilities in school or at work or elsewhere; and

(n) Methods for determining and reporting escapes and whether the methods are adequate or, if not, what improvements are appropriate.

(2) The audit shall be concluded not later than December 1, 1998.

(3) The task force shall consist of four members of the senate, two of whom shall be from the majority caucus and two of whom shall be from the minority caucus, and four members of the house of representatives, two of whom shall be from the majority caucus and two of whom shall be from the minority caucus. The members from the senate shall be appointed by the president of the senate. The members from the house shall be appointed by the speaker of the house.

NEW SECTION. Sec. 18. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Electrical utility" means an electrical power distribution business as defined in RCW 82.16.010.

(2) "Gas utility" means a gas distribution business as defined in RCW 82.16.010.

(3) "Telephone utility" means any firm engaged in the business of providing network telephone service as defined in RCW 82.04.065. For the purposes of this chapter, network telephone service does not include amounts that represent: (a) Charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services; or (b) charges to any person or business for access to, or charges for, interstate services.

(4) "Water utility" means a water distribution business as defined in RCW 82.16.010.

(5) "Sewer utility" means a sewerage collection business taxable under RCW 82.16.020.

(6) "Retail sale" means the sale of or charge made for electrical energy, gas, network telephone service, water, or sewerage service by a utility. A retail sale occurs at the place to which electrical energy, gas, network telephone service, water, or sewerage service is delivered or provided to the consumer thereof.

(7) "Selling price" has the meaning ascribed to it by RCW 82.08.010.

(8) "Utility" means an electrical utility, gas utility, telephone utility, water utility, or sewer utility.

NEW SECTION. Sec. 19. By ordinance, the legislative authority of a county may levy an excise tax in the unincorporated areas of the county on retail sales by utilities. The tax shall be measured by the selling price and shall:

(1) Apply equally at a single rate to these utilities;

(2) Apply uniformly at a single rate within individual classes throughout the unincorporated areas of the county;

(3) Be imposed at a rate that does not exceed six percent unless the rate is approved by a majority of the voters of the unincorporated areas voting on such a proposition;

(4) Allow an exemption from tax for inter-utility sales of commodities for resale; and

(5) Be additional to payments made pursuant to franchises granted by the county.

NEW SECTION. Sec. 20. Each utility shall add the tax levied under this chapter to the rates or charges it makes for utility services provided to consumers or users thereof and shall separately state the amount of the tax on consumer or user billings.

Any tax imposed under this chapter shall be paid by the consumer to the utility, and each utility shall collect from the consumer the full amount of the tax payable in respect to each taxable sale. The tax required to be collected by the utility shall be deemed to be held in trust by the utility until paid to the county.

The amount of tax, until paid by the consumer to the utility, shall constitute a debt from the consumer to the utility.

No tax levied under this chapter may apply to sales before the effective date of the ordinance.

NEW SECTION. Sec. 21. The county legislative authority may establish, in consultation with the utility, classes of persons based on use upon whom the utility taxes are levied and may establish different rates of taxation on the classes, exemption of a class or classes, or rebates for a class or classes. Differential rates, exemptions, and rebates granted under this section shall be allowed equally for both consumers of electrical utility services and consumers of gas utility services.

NEW SECTION. Sec. 22. Moneys collected under this chapter 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.

NEW SECTION. Sec. 23. Sections 18 through 22 of this act constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 24. The code reviser shall alphabetize the definitions in RCW 13.50.010 and 74.15.020 and correct any references.