WSR 00-18-048

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Juvenile Rehabilitation Administration)

[ Filed August 31, 2000, 4:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-12-034.

Title of Rule: Institutional impact account, repealing chapter 275-110 WAC; and new chapter 388-750 WAC, Institutional impact account.

Purpose: These new rules apply to reimbursement of local jurisdictions for expenses incurred because of criminal behavior of adult and juvenile offender in institutions and state operated facilities. This rule is being updated with respect to participants and rates, as well as part of the governor's regulatory reform initiative to streamline rules, update rates and consolidate WACs within the "migration project."

Statutory Authority for Adoption: RCW 72.72.040.

Statute Being Implemented: RCW 72.72.040.

Summary: The rules are amended to remove the Department of Corrections from this title, as it is redundant of chapter 137-70 WAC. Further regulatory reform has proposed the streamlining of regulations for ease of use as well as to consolidate the department's rules within one title. This proposal also updates the rates paid to law enforcement officials and complies with regulatory reform and updated rates.

Name of Agency Personnel Responsible for Drafting: Randy Sparks, P.O. Box 45720, Olympia, 98504-5720, 902-8099; Implementation and Enforcement: Cheryl Reule, P.O. Box 45720, Olympia, 98504-5720, 902-8101.

Name of Proponent: Department of Social and Health Services, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Administration increase in rates may have fiscal impact on Juvenile Rehabilitation Administration and Mental Health Division.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The RCW directs the secretary of the Department of Social and Health Services to develop regulations for the reimbursement of local jurisdictions that may be impacted by the criminal activities of individuals who are residents of state institutions. This rule, as drafted, changes the current WAC in that it eliminates the Department of Corrections (which has a separate rule) and updates the rate structure. Other changes are minor and meant to improve readability.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not impact small businesses so no small business economic impact statement is required.

RCW 34.05.328 does not apply to this rule adoption. These rules do not meet the definition of a significant legislative rule because they relate only to internal governmental operations and are not subject to violation by a nongovernment party.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 24, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by October 17, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 24, 2000.

Date of Intended Adoption: Not sooner than October 25, 2000.

August 30, 2000

Edith M. Rice, Chief

Office of Legal Affairs

2829.2
Chapter 388-750 WAC

IMPACT ACCOUNT -- CRIMINAL JUSTICE COST REIMBURSEMENT


NEW SECTION
WAC 388-750-010
Definitions.

The following words and phrases shall have the following meaning when used in these regulations regarding the interpretation of regulations for the reimbursement from impacts caused by criminal behavior of state institutional residents:

"Department" means the department of social and health services.

"Incremental" means efforts or costs incurred by cities, towns, and/or counties that are not otherwise incurred and are only as a result of the criminal behavior of state institutional residents.

"Resident" means any person committed to a state institution by the courts for confinement as an offender pursuant to chapters 10.64, 10.77, and 13.40 RCW.

"Institution" means any state institution operated by the department for the confinement of offenders committed under chapters 10.64, 10.77, and 13.40 RCW.

"Law enforcement cost" means costs incurred to apprehend escapees or to investigate crimes committed by institutional residents within or outside state institutions listed in this chapter.

"Resident" means any person committed to a state institution by the courts for confinement as an offender under chapters 10.64, 10.77, and 13.40 RCW.

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NEW SECTION
WAC 388-750-020
Limitation of funds.

The secretary shall make reimbursement to the extent funds are available. Reimbursement shall be strictly limited to political subdivisions in which state institutions, as defined in WAC 388-750-030, are located. Only incremental costs directly, specifically, and exclusively associated with criminal activities of offenders who are residents of state institutions shall be considered for reimbursement. Reimbursement shall be restricted to fully documented law enforcement, prosecutorial, judicial, and jail facilities costs. No such costs shall be paid under these rules if they are reimbursable under other chapters of the Washington Administrative Code. During each biennium, claims for incidents which occurred during the biennium will be paid in the order in which they are received until the biennial appropriation is fully expended.

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NEW SECTION
WAC 388-750-030
Institutions and eligible impacted political subdivisions.

Reimbursement shall be limited to the following city, town, and county governments impacted by the offenses from residents committed to institutions listed in this section.
Institution Cities/County
(1) Echo Glen Children's Center Snoqualmie/King
(2) Green Hill Training School Chehalis/Lewis
(3) Maple Lane School Rochester/Thurston
(4) Mission Creek Youth Camp Belfair/Mason
(5) Naselle Youth Camp Naselle/Pacific
(6) Woodinville Treatment Center Woodinville/King
(7) Canyon View Community Facility East Wenatchee/Douglas
(8) Sunrise Community Facility Ephrata/Grant
(9) Twin Rivers Community Facility Richland/Benton
(10) Oakridge Community Facility Tacoma/Pierce
(11) Park Creek Treatment Center Kittitas/Kittitas
(12) Ridgeview Community Facility Yakima/Yakima
(13) Western State Hospital Steilacoom/Pierce
(14) Eastern State Hospital Medical Lake/Spokane/Spokane
(15) Child Study and Treatment Center Steilacoom/Pierce

(16) For any institution not listed in this section, reimbursement shall be limited to the political subdivisions where the institution is located. The institutions include juvenile community facilities, community treatment and community care facilities, as defined in WAC 388-750-010.

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NEW SECTION
WAC 388-750-040
Maximum allowable reimbursement for law enforcement costs.

The department shall limit reimbursement to the specific political subdivisions listed in WAC 388-750-030. The maximum reimbursement rates shall be twenty-three dollars and ninety-six cents per hour. These reimbursement rates may be exceeded only in the event that an exception is granted by the secretary as per WAC 388-750-090.

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NEW SECTION
WAC 388-750-050
Maximum allowable reimbursement for prosecutorial costs.

The department shall reimburse claims, at the rate set forth in WAC 388-750-040, for pretrial investigations of crimes committed inside or outside institutions, to the political subdivision courts in WAC 388-750-040. If, after investigation, criminal charges are filed, the department may reimburse documented prosecutorial and defense attorney fees. Reimbursement shall not exceed the following rates for each attorney, reimbursement includes costs for paralegals: Fifty-seven dollars and thirty-two cents per hour. These maximum allowable reimbursement rates may be exceeded only in the event that an exception is granted by the secretary as per WAC 388-750-090.

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NEW SECTION
WAC 388-750-060
Maximum allowable reimbursement for judicial costs.

(1) The department shall limit judicial costs strictly to cases involving inmates of institutions listed in WAC 388-750-030 and the listed subdivision in which they reside. Reimbursement shall be limited to judges, court reporters, transcript typing, and witness and jury fees.

(2) The department shall reimburse judges hearing cases including services provided by court clerks and bailiffs at fifty-seven dollars and thirty-two cents per hour. Reimburse court reporters at the rate of twenty-four dollars and seventy-one cents per hour. Reimburse for the typing of transcripts at four dollars and seventy-nine cents per page. If required, reimburse expert witnesses at eighty dollars and forty-three cents per hour.

(3) Reimbursement for witness fees (other than experts) and jury fees shall be at the rate established by the local governmental legislative authority but not in excess of thirty-six dollars and eleven cents per day.

(4) These maximum allowable reimbursement rates may be exceeded only in the event that an exception is granted by the secretary as per WAC 388-750-090.

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NEW SECTION
WAC 388-750-070
Maximum allowable reimbursement for jail facilities.

The department shall limit jail facility cost reimbursement strictly to incremental costs as defined in WAC 388-750-010. Requests for reimbursement shall be fully documented and shall include the resident's name and all appropriate admission and release dates. Limit reimbursement to thirty-four dollars and eighty cents per resident day. The department shall not reimburse for costs incurred for holding persons regarding parole revocations or for holding persons involved in civil litigation. The department shall reimburse costs of providing security when residents require hospitalization at the rate of fourteen dollars and nineteen cents per hour. These maximum allowable reimbursement rates may be exceeded only in the event that an exception is granted by the secretary as per WAC 388-750-090.

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NEW SECTION
WAC 388-750-080
Billing procedure.

Requests for reimbursement should be made on the standard Washington State Invoice Voucher, Form A19, with supporting documentation attached. All claims may be subject to periodic audits at the discretion of the secretary, per WAC 388-750-110.

(1) All requests for reimbursement under this section shall note the name of the offender for whom costs were incurred, and the institution to which the offender was assigned.

(2) Requests for reimbursement may only be submitted by the jurisdiction's responsible fiscal officer, e.g., city manager, city supervisor, county auditor, county administrator, etc.

(3) All requests for reimbursement must be submitted to: DSHS and the pertinent Accounts Payable Section of either Juvenile Rehabilitation Administration, Mail Stop 45720, Olympia, Washington 98504; or Mental Health Division, Mail Stop 45320, Olympia, Washington 98504.

(4) If the appropriation for a biennium is fully expended prior to the end of the biennium, political subdivisions should continue to submit claims for the purpose of providing justification for requests for adequate funding levels in future biennia.

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NEW SECTION
WAC 388-750-090
Exceptions.

The secretary, of the department, may allow exceptions to these rules.

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NEW SECTION
WAC 388-750-100
Effective date.

Claims submitted according to this chapter may only be for costs incurred for appropriate actions, as defined in this chapter, taken by criminal justice agencies on or after August 30, 1979.

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NEW SECTION
WAC 388-750-110
Audits.

The department has the right to audit any or all claims.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 275-110-010 Purpose.
WAC 275-110-020 Definitions.
WAC 275-110-030 Limitation of funds.
WAC 275-110-040 Institutions and eligible impacted political subdivisions.
WAC 275-110-050 Maximum allowable reimbursement for law enforcement costs.
WAC 275-110-060 Maximum allowable reimbursement for prosecutorial costs.
WAC 275-110-070 Maximum allowable reimbursement for judicial costs.
WAC 275-110-080 Maximum allowable reimbursement for jail facilities.
WAC 275-110-090 Billing procedure.
WAC 275-110-100 Exceptions.
WAC 275-110-110 Effective date.
WAC 275-110-120 Audits.

Washington State Code Reviser's Office