BILL REQ. #:  S-0394.1 

Read first time 01/14/13.   Referred to Committee on Law & Justice .

     AN ACT Relating to college DUI courts; amending RCW 2.28.175; creating a new section; and providing an effective date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that alcohol abuse on college campuses is a problem of state and national significance leading to increased risk of death, injury, and sexual assault. According to a recent study, one thousand eight hundred twenty-five college students between the ages of eighteen and twenty-four die from alcohol-related unintentional injuries, including motor vehicle crashes. Five hundred ninety-nine thousand students between the ages of eighteen and twenty-four are unintentionally injured under the influence of alcohol and ninety-seven thousand students between the ages of eighteen and twenty-four are victims of alcohol-related sexual assault or date rape. Students who abuse alcohol are more likely to struggle academically, and over 3.3 million college students drive under the influence.
     (2) While the legislature passed RCW 2.28.175 providing for DUI courts during the 2012 session, the legislature finds that college campuses present specialized risk and opportunity to address alcohol abuse. In order to give colleges, law enforcement, courts, students, and families more options, the legislature finds that college DUI courts would be helpful in combating this difficult social problem.

Sec. 2   RCW 2.28.175 and 2012 c 183 s 1 are each amended to read as follows:
     (1) Counties may establish and operate DUI courts. Municipalities may enter into cooperative agreements with counties that have DUI courts to provide DUI court services.
     (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 impaired 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 jurisdiction 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.
     (4) Counties may establish and operate college DUI courts. Municipalities may enter into cooperative agreements with counties that have college DUI courts to provide college DUI court services. For the purposes of this subsection, a college DUI court has the same meaning and is subject to the same requirements as a DUI court in this section, with the following additional criteria:
     (a) Only students currently admitted to an institution of higher education or colleges in the state are eligible to participate in a college DUI court;
     (b) College DUI courts may be physically located in appropriate facilities on college campuses for the convenience of students, judicial and law enforcement personnel, and college administration or other participating or administering the college DUI courts; and
     (c) In addition to the requirements imposed by an official overseeing the college DUI courts, the institution of higher education or college may also impose conditions pursuant to its student conduct code on the student including, but not limited to, withholding a diploma from the student until the student has successfully completed a college DUI court.

NEW SECTION.  Sec. 3   This act takes effect January 1, 2014.