BILL REQ. #:  H-1104.1 

Read first time 01/30/09.   Referred to Committee on Judiciary.

     AN ACT Relating to recovering costs of prosecuting cases that meet the statutory definition of felony; and amending RCW 39.34.180.

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

Sec. 1   RCW 39.34.180 and 2001 c 68 s 4 are each amended 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) If a county declines to file a charge that meets the statutory definition of a felony and refers the case to a city or town to consider filing the charge as a misdemeanor or gross misdemeanor, the county shall reimburse the city or town for the costs of the referral. For purposes of this subsection, reimbursement shall not be required for such a referral if the county's decision to decline to file is based on proof issues that reduce the potential charge to a misdemeanor or gross misdemeanor, as opposed to a county's filing standards. Costs of such a referral shall include attorney time, support staff time, photocopying costs, and the cost of any other materials relating to the case. The costs shall begin accruing at the time the city or town receives the referral and shall continue to accrue until the case is closed, which may include any appellate or writ proceedings. In lieu of reimbursing costs as required by this subsection, cities and counties may enter into interlocal agreements pursuant to this section, in the manner described in this section.
     (3) 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))) (4) 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))) (5) A city or county that wishes to terminate an agreement for the provision of court services must provide written notice of the intent to terminate the agreement in accordance with RCW 3.50.810 and 35.20.010.
     (((5))) (6) 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.