SENATE BILL REPORT

SB 5325

As Reported By Senate Committee On:

Children & Family Services & Corrections, February 21, 2003

Ways & Means, March 10, 2003

Title: An act relating to the provision of law enforcement services by a city or town to state hospitals.

Brief Description: Allocating money to cities and towns that provide services for state hospitals.

Sponsors: Senators Winsley, Franklin, Kastama, Rasmussen, Oke and Regala.

Brief History:

Committee Activity: Children & Family Services & Corrections: 2/4/03, 2/21/03 [DPS-WM].

Ways & Means: 3/10/03 [DPS (CFS)].

SENATE COMMITTEE ON CHILDREN & FAMILY SERVICES & CORRECTIONS

Majority Report: That Substitute Senate Bill No. 5325 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

Staff: Fara Daun (786-7459)

SENATE COMMITTEE ON WAYS & MEANS

Majority Report: That Substitute Senate Bill No. 5325 as recommended by Committee on Children & Family Services & Corrections be substituted therefor, and the substitute bill do pass.

      Signed by Senators Rossi, Chair; Hewitt, Vice Chair; Zarelli, Vice Chair; Brown, Doumit, Fairley, Fraser, Hale, Honeyford, Johnson, Parlette, Poulsen, Regala, Roach, Sheahan, B. Sheldon and Winsley.

Staff: Chelsea Buchanan (786-7446)

Background: Existing law provides for the creation of an institutional impact account from which the secretary of the Department of Social and Health Services (DSHS) and the secretary of the Department of Corrections (DOC) may reimburse political subdivisions, to the extent funds are available from the account, for criminal justice costs incurred directly as a result of crimes committed by offenders residing in a defined institution.

An institution means any state institution for the confinement of offenders committed under chapters 10.64, 10.77, 71.06, and 13.40 RCW. Currently there are no offenders committed to a state institution under Chapter 71.06.

Summary of Substitute Bill: The Joint Legislative Audit and Review Committee (JLARC) must study the issue of positive and negative economic impacts of state facilities, including state hospitals, state correctional facilities, and state juvenile correctional facilities on local governments and economies, compare the costs and benefits, and develop a method for ongoing measurement of these impacts. JLARC may compile information from other states regarding the allocation of costs between state and local government. JLARC must report to the Governor and the Legislature no later than December 1, 2004.

Substitute Bill Compared to Original Bill: The original provisions requiring reimbursement to cities or towns for law enforcement costs of state hospitals were replaced with the study provisions. The study provisions include state adult and juvenile correctional facilities, as well as state hospitals.

Appropriation: None.

Fiscal Note: Requested on January 30, 2003.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For (Children & Family Services & Corrections): This is the same concept as a bill heard last year. The patients in the state hospitals have changed; they are bigger, stronger, more ill, and more violent. There are many more calls to 911, both for serious incidents that need investigation and for frivolous things like phone numbers. There is not a way to prevent residents of the state hospitals from using the phone. Liability lawsuits have also created an atmosphere in which they call the police on every incident. Western State Hospital does not pay property tax to Lakewood but the number of law enforcement calls went from about 1,300 in 2000 to over 2,100 in 2002. Unlike the fire department and the State Patrol, there is no reimbursement to Lakewood in any way for police responses; even the backfill money is gone. Over 70 percent of Lakewood's budget is spent on criminal justice and the calls to Western State represent 7 to 8 percent of the total number of calls to Lakewood police. They have tried to negotiate an amount with the Department of Social and Health Services, but it has not worked.

Testimony Against (Children & Family Services & Corrections): Not all of the impacts to Lakewood are negative. The state hospital represents the largest payroll in Lakewood. DSHS would like to continue to work with Lakewood and recommends a study bill on this issue.

Testified (Children & Family Services & Corrections): Tim Brown, Assistant Secretary, DSHS (con); Helen McGovern, City of Lakewood (pro); Larry Saunders, City of Lakewood (pro); Paul Pastor, Pierce County (pro).

Testimony For (Ways & Means): The City of Lakewood has provided police services to Western State Hospital (WSH) at a cost of $900,000 last year, without reimbursement. The State Patrol and fire services are reimbursed by DSHS, however. The City of Lakewood has reduced police services to WSH and will continue to do so. This bill doesn't provide reimbursement but studying the impact of criminal justice facilities on communities is important, and the study should be useful.

Testimony Against (Ways & Means): None.

Testified (Ways & Means): PRO: Senator Shirley Winsley; Bob Mack, City of Lakewood.