BILL REQ. #:  H-0387.2 

Read first time 01/13/11.   Referred to Committee on Judiciary.

     AN ACT Relating to driving or being in physical control of a motor vehicle while under the influence of alcohol or drugs; amending RCW 2.28.190, 46.61.5056, and 46.61.5152; reenacting and amending RCW 46.61.5054; adding a new section to chapter 2.28 RCW; and adding a new section to chapter 10.01 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 2.28 RCW to read as follows:
     (1) Counties may establish and operate DUI courts.
     (2) For the purposes of this section, "DUI court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism of drunk driving among nonviolent, alcohol abusing offenders, whether adult or juvenile, by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic testing for alcohol use and, if applicable, drug use; and the use of appropriate sanctions and other rehabilitation services.
     (3)(a) Any jurisdiction that seeks a state appropriation to fund a DUI court program must first:
     (i) Exhaust all federal funding that is available to support the operations of its DUI court and associated services; and
     (ii) Match, on a dollar-for-dollar basis, state moneys allocated for DUI court programs with local cash or in-kind resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for DUI court operations and associated services. However, until June 30, 2014, no match is required for state moneys expended for the administrative and overhead costs associated with the operation of a DUI court established as of January 1, 2011.
     (b) Any county that establishes a DUI court pursuant to this section shall establish minimum requirements for the participation of offenders in the program. The DUI court may adopt local requirements that are more stringent than the minimum. The minimum requirements are:
     (i) The offender would benefit from alcohol treatment;
     (ii) The offender has not previously been convicted of a serious violent offense or sex offense as defined in RCW 9.94A.030, vehicular homicide under RCW 46.61.520, vehicular assault under RCW 46.61.522, or an equivalent out-of-state offense; and
     (iii) Without regard to whether proof of any of these elements is required to convict, the offender is not currently charged with or convicted of an offense:
     (A) That is a sex offense;
     (B) That is a serious violent offense;
     (C) That is vehicular homicide or vehicular assault;
     (D) During which the defendant used a firearm; or
     (E) During which the defendant caused substantial or great bodily harm or death to another person.

Sec. 2   RCW 2.28.190 and 2005 c 504 s 502 are each amended to read as follows:
     Any county that has established a DUI court, drug court, and a mental health court under this chapter may combine the functions of ((both)) these courts into a single therapeutic court.

Sec. 3   RCW 46.61.5054 and 1995 c 398 s 15 and 1995 c 332 s 13 are each reenacted and amended to read as follows:
     (1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a ((one)) two hundred ((twenty-five)) dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
     (b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
     (c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the ((one)) two hundred ((twenty-five)) dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.
     (2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and, subject to subsection (4) of this section, one hundred seventy-five dollars of the fee must be distributed as follows:
     (a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
     (b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
     (3) Twenty-five dollars of the fee assessed under subsection (1) of this section must be distributed to the state patrol highway account to be used solely for funding Washington traffic safety commission grants to reduce statewide collisions caused by persons driving under the influence of alcohol or drugs. Grants awarded under this subsection may be for projects that encourage collaboration with other community, governmental, and private organizations, and that utilize innovative approaches based on best practices or proven strategies supported by research or rigorous evaluation. Grants recipients may include, for example:
     (a) DUI courts; and
     (b) Jurisdictions implementing the victim impact panel registries under RCW 46.61.5152 and section 6 of this act.
     (4) If the court has suspended payment of part of the fee pursuant to subsection (1)(b) or (c) of this section, amounts collected shall be distributed proportionately.
     (5) This section applies to any offense committed on or after July 1, 1993.

Sec. 4   RCW 46.61.5056 and 1995 c 332 s 14 are each amended to read as follows:
     (1) A person subject to alcohol assessment and treatment under RCW 46.61.5055 shall be required by the court to complete a course in an alcohol information school approved by the department of social and health services or to complete more intensive treatment in a program approved by the department of social and health services, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.
     (2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the court and the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services.
     (3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and health services. The department of social and health services shall periodically review the costs of alcohol information schools and treatment programs.
     (4) Any agency that provides treatment ordered under RCW 46.61.5055, shall immediately report to the appropriate probation department where applicable, otherwise to the court, and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of social and health services of any failure by an agency to so report noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be fined two hundred fifty dollars by the department of social and health services. Upon three such failures by an agency within one year, the department of social and health services shall revoke the agency's approval under this section.
     (5) The department of licensing and the department of social and health services may adopt such rules as are necessary to carry out this section.

Sec. 5   RCW 46.61.5152 and 2006 c 73 s 17 are each amended to read as follows:
     In addition to penalties that may be imposed under RCW 46.61.5055, the court may require a person who is convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a nonfelony violation of RCW 46.61.502 or 46.61.504, to attend an educational program, such as a victim impact panel, focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of driving while under the influence of intoxicants. The victim impact panel program must meet the minimum standards established under section 6 of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 10.01 RCW to read as follows:
     (1)(a) Each court administration or the equivalent shall develop and maintain a registry of qualified victim impact panels. When imposing a requirement that an offender attend a victim impact panel under RCW 46.61.5152, the court shall refer the offender to a victim impact panel that is listed in the registry. Municipal, district, and superior courts may coordinate efforts to develop and maintain a registry for their judicial district.
     (b) The court may remove from the registry any victim impact panel that fails to meet the minimum standards. Any person who reasonably believes that a victim impact panel has failed to meet the minimum standards in this section may submit his or her complaint to the court in writing. The court may establish a process to receive and review complaints and conduct disciplinary procedures for victim impact panels.
     (2) To be listed among a court's registry, the victim impact panel must meet the following minimum standards:
     (a) The victim impact panel must address the effects of driving while impaired on individuals and families and address alternatives to drinking and driving and drug use and driving;
     (b) The victim impact panel must have at least two different speakers who shall be victim survivors of drunk driving crashes and who were not the proximate cause of the crash. One of the victim survivors may be the panel facilitator. The victim survivors must present their stories in person and must be provided at least sixty minutes of victim panel presentation, not including registration and administration time;
     (c) The victim impact panel shall have policies and procedures to recruit, screen, train, and provide feedback and ongoing support to the panelists. The panel shall take reasonable steps to verify the authenticity of each panelist's story;
     (d) The victim impact panel shall charge a reasonable fee to all persons required to attend, unless otherwise ordered by the court;
     (e) The victim impact panel shall have a policy to prohibit admittance of anyone under the influence of alcohol or drugs, or anyone whose actions or behavior are otherwise inappropriate. The victim impact panel may institute additional admission requirements;
     (f) The victim impact panel shall maintain attendance records for at least five years;
     (g) The victim impact panel shall make reasonable efforts to use a facility that meets standards established by the Americans with disabilities act;
     (h) The victim impact panel shall provide referral information to other community services; and
     (i) The victim impact panel shall have a designated facilitator who is responsible for the compliance with these minimum standards and who is responsible for maintaining appropriate records and communication with the referring courts and probationary departments regarding attendance or nonattendance.