BILL REQ. #:  S-0330.1 

Read first time 01/17/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to law enforcement services at residential habilitation centers and state hospitals; adding a new section to chapter 35.21 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that certain state-owned facilities provide benefits to local communities but also impose a financial burden on the cities and towns responsible for providing law enforcement services to those state facilities. Residents, patients, and staff are part of the communities in which these facilities are located. The legislature endeavors to establish a process whereby cities and towns can enter into law enforcement contracts with the department of social and health services to partially defray the jurisdiction's law enforcement costs associated with providing these services.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.21 RCW to read as follows:
     (1) When a facility is located within the corporate limits of a city or town that has recurring law enforcement costs associated with responding to actions of residents of the facility, at the request of the city or town the department shall contract with the city or town to pay an equitable share for law enforcement services. The contract shall be negotiated as provided in subsection (2) of this section and shall provide for payment by the department to the city or town, within the limits specified in this section.
     (2) The parties negotiating a law enforcement contract under this section shall conduct the negotiation in good faith. Each facility and the city or town within which jurisdiction the institution is located shall jointly develop a written protocol governing mutual communications and law enforcement responses to the facility. Local law enforcement must respond without additional payments when called in accordance with the local community's standard for police intervention.
     The department shall agree to reimburse the city or town for up to one-half of the cost for law enforcement services provided by the city or town, as determined in the contract. Reimbursement shall be limited to funds available.
     (3) For the purposes of this section:
     (a) "Department" means the department of social and health services.
     (b) "Facility" means a residential habilitation center as defined by RCW 71A.10.020 or a state hospital as defined by RCW 72.23.010.