S‑0599.1   _____________________________________________

SENATE BILL 5428

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Hargrove, McCaslin, Sheahan, T. Sheldon, Hewitt and Oke

Read first time 01/23/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to state reimbursement for certain local

_2  criminal justice expenditures; and amending RCW 39.34.180.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 39.34.180 and 1996 c 308 s 1 are each amended to read

_5  as follows:

_6      (1) Each county, city, and town is responsible for the

_7  prosecution, adjudication, sentencing, and incarceration of

_8  misdemeanor and gross misdemeanor offenses committed by adults in

_9  their respective jurisdictions, and referred from their respective

10  law enforcement agencies, whether filed under state law or city

11  ordinance, and must carry out these responsibilities through the

12  use of their own courts, staff, and facilities, or by entering

13  into contracts or interlocal agreements under this chapter to

14  provide these services.  The state shall pay all costs for the

15  prosecution, adjudication, sentencing, and incarceration of all

16  misdemeanor and gross misdemeanor offenses referred to each county

17  or city by a state agency, including but not limited to the state

18  patrol, the department of fish and wildlife, any public college or

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_1  university police force, or the state parks department.  State

_2  payment of these costs constitutes a transfer to the state for

_3  local government costs under RCW 43.135.060(2).  Nothing in this

_4  section is intended to alter the statutory responsibilities of

_5  each county for the prosecution, adjudication, sentencing, and

_6  incarceration for not more than one year of felony offenders, nor

_7  shall this section apply to any offense initially filed by the

_8  prosecuting attorney as a felony offense or an attempt to commit a

_9  felony offense.

10      (2) The following principles must be followed in negotiating

11  interlocal agreements or contracts:  Cities and counties must

12  consider (a) anticipated costs of services; and (b) anticipated

13  and potential revenues to fund the services, including fines and

14  fees, criminal justice funding, ((and)) state-authorized sales tax

15  funding levied for criminal justice purposes, and state

16  reimbursement for prisoners in jails.

17      (3) If an agreement as to the levels of compensation within an

18  interlocal agreement or contract for gross misdemeanor and

19  misdemeanor services cannot be reached between a city and county,

20  then either party may invoke binding arbitration on the

21  compensation issued by notice to the other party.  In the case of

22  establishing initial compensation, the notice shall request

23  arbitration within thirty days.  In the case of nonrenewal of an

24  existing contract or interlocal agreement, the notice must be

25  given one hundred twenty days prior to the expiration of the

26  existing contract or agreement and the existing contract or

27  agreement remains in effect until a new agreement is reached or

28  until an arbitration award on the matter of fees is made.  The city

29  and county each select one arbitrator, and the initial two

30  arbitrators pick a third arbitrator.

31      (4) For cities or towns that have not adopted, in whole or in

32  part, criminal code or ordinance provisions related to misdemeanor

33  and gross misdemeanor crimes as defined by state law, this section

34  shall have no application until July 1, 1998.

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