BILL REQ. #: Z-0530.2
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/27/2003. Referred to Committee on Appropriations.
AN ACT Relating to human services-related statutory changes necessary to implement the 2003-2005 omnibus operating appropriations bill; amending RCW 13.40.510, 43.70.555, 69.50.520, 74.14A.060, 74.14C.005, 43.70.545, 43.70.580, 13.32A.040, 13.32A.100, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.191, 13.32A.194, 13.32A.196, 13.32A.010, 13.32A.030, 13.32A.170, 70.96A.235, 13.32A.050, 13.60.020, 74.13.036, 13.32A.110, 13.32A.120, 13.32A.192, 13.32A.197, 74.15.220, 74.15.240, 74.20A.030, 13.34.270, 74.13.350, 74.14D.020, 74.14D.030, 13.34.160, 74.13.031, 28A.225.015, 28A.225.020, 28A.225.025, 28A.225.030, 43.190.030, 74.04.005, 74.08A.100, 74.09.010, 74.09.035, 74.46.431, 74.46.433, 74.46.435, 74.46.437, 74.46.506, 74.46.521, 70.47.060, 70.96A.350, 9.94A.728, 9.94A.500, 9.94A.545, 9.94A.690, 9.94A.700, 9.94A.705, 9.94A.710, 9.94A.715, 9.94A.720, 9.94A.780, 9.92.060, 9.95.204, 9.95.210, 9.94A.750, 9.94A.760, 9.94A.760, 4.56.100, 9.94A.780, and 71.09.300; amending 2002 c 290 s 30 (uncodified); amending 2002 c 290 s 31 (uncodified); reenacting and amending RCW 13.32A.060, 13.32A.065, 74.15.020, 9.94A.728, and 9.94A.753; adding a new section to chapter 74.46 RCW; adding a new section to chapter 9.94A RCW; adding a new section to chapter 43.20B RCW; creating new sections; repealing RCW 43.06A.010, 43.06A.020, 43.06A.030, 43.06A.050, 43.06A.060, 43.06A.070, 43.06A.080, 43.06A.085, 43.06A.090, 43.06A.100, 43.06A.900, 43.121.010, 43.121.015, 43.121.020, 43.121.030, 43.121.040, 43.121.050, 43.121.060, 43.121.070, 43.121.080, 43.121.100, 43.121.110, 43.121.120, 43.121.130, 43.121.140, 43.121.150, 43.121.910, 43.330.135, 70.190.005, 70.190.010, 70.190.020, 70.190.030, 70.190.040, 70.190.050, 70.190.060, 70.190.065, 70.190.070, 70.190.075, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.160, 70.190.170, 70.190.180, 70.190.190, 70.190.910, 70.190.920, 74.14C.050, 13.32A.125, 13.32A.042, 13.32A.090, 13.32A.095, 13.32A.130, 74.13.032, 74.13.033, 74.13.034, 43.41.190, 43.41.195, 74.13.035, 74.13.0321, 74.14D.040, 71.24.450, 71.24.455, 71.24.460, and 71.09.270; providing effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.40.510 and 1997 c 338 s 61 are each amended to read
as follows:
(1) In order to receive funds under RCW 13.40.500 through
13.40.540, local governments may, through their respective agencies
that administer funding for consolidated juvenile services, submit
proposals that establish community juvenile accountability programs
within their communities. These proposals must be submitted to the
juvenile rehabilitation administration of the department of social and
health services for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with ((the input
of the community public health and safety networks established under
RCW 70.190.060, and)) the local law and justice councils established
under RCW 72.09.300;
(b) Describe how local community groups or members are involved in
the implementation of the programs funded under RCW 13.40.500 through
13.40.540;
(c) Include a description of how the grant funds will contribute to
the expected outcomes of the program and the reduction of youth
violence and juvenile crime in their community. ((Data approaches are
not required to be replicated if the networks have information that
addresses risks in the community for juvenile offenders.))
(3) A local government receiving a grant under this section shall
agree that any funds received must be used efficiently to encourage the
use of community-based programs that reduce the reliance on secure
confinement as the sole means of holding juvenile offenders accountable
for their crimes. The local government shall also agree to account for
the expenditure of all funds received under the grant and to submit to
audits for compliance with the grant criteria developed under RCW
13.40.520.
(4) The juvenile rehabilitation administration, in consultation
with the Washington association of juvenile court administrators((,))
and the state law and justice advisory council, ((and the family policy
council,)) shall establish guidelines for programs that may be funded
under RCW 13.40.500 through 13.40.540. The guidelines must:
(a) Target diverted and adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and
intervention strategies most likely to change behaviors and norms of
juvenile offenders;
(c) Provide maximum structured supervision in the community.
Programs should use natural surveillance and community guardians such
as employers, relatives, teachers, clergy, and community mentors to the
greatest extent possible;
(d) Promote good work ethic values and educational skills and
competencies necessary for the juvenile offender to function
effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at
reducing risk factors associated with the commission of juvenile
offenses;
(f) Maximize the reintegration of the juvenile offender into the
community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full
restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing
community-based intervention strategies;
(i) Be compatible with research that shows which prevention and
early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be
achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council, with the assistance
of the ((family policy council and the)) governor's juvenile justice
advisory committee, may provide support and technical assistance to
local governments for training and education regarding community-based
prevention and intervention strategies.
Sec. 2 RCW 43.70.555 and 1998 c 245 s 77 are each amended to read
as follows:
The department((, in consultation with the family policy council
created in chapter 70.190 RCW,)) shall establish, by rule, standards
for local health departments and networks to use in assessment,
performance measurement, policy development, and assurance regarding
social development to prevent health problems caused by risk factors
empirically linked to: Violent criminal acts by juveniles, teen
substance abuse, teen pregnancy and male parentage, teen suicide
attempts, dropping out of school, child abuse or neglect, and domestic
violence. The standards shall be based on the standards set forth in
the public health services improvement plan as required by RCW
43.70.550.
Sec. 3 RCW 69.50.520 and 2002 c 371 s 920 are each amended to
read as follows:
The violence reduction and drug enforcement account is created in
the state treasury. All designated receipts from RCW 9.41.110(8),
66.24.210(4), 66.24.290(2), 69.50.505(i)(1), 82.08.150(5),
82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989
shall be deposited into the account. Expenditures from the account may
be used only for funding services and programs under chapter 271, Laws
of 1989 and chapter 7, Laws of 1994 sp. sess., including state
incarceration costs. Funds from the account may also be appropriated
to reimburse local governments for costs associated with implementing
criminal justice legislation including chapter 338, Laws of 1997.
During the 2001-2003 biennium, funds from the account may also be used
for costs associated with providing grants to local governments in
accordance with chapter 338, Laws of 1997, the replacement of the
department of corrections' offender-based tracking system, maintenance
and operating costs of the Washington association of sheriffs and
police chiefs jail reporting system, civil indigent legal
representation, and for multijurisdictional narcotics task forces.
((After July 1, 2003, at least seven and one-half percent of
expenditures from the account shall be used for providing grants to
community networks under chapter 70.190 RCW by the family policy
council.))
Sec. 4 RCW 74.14A.060 and 2000 c 219 s 2 are each amended to read
as follows:
The secretary of the department of social and health services shall
charge appropriated funds to support blended funding projects for youth
subject to any current or future waiver the department receives to the
requirements of IV-E funding. To be eligible for blended funding a
child must be eligible for services designed to address a behavioral,
mental, emotional, or substance abuse issue from the department of
social and health services and require services from more than one
categorical service delivery system. ((Before any blended funding
project is established by the secretary, any entity or person proposing
the project shall seek input from the public health and safety network
or networks established in the catchment area of the project. The
network or networks shall submit recommendations on the blended funding
project to the family policy council. The family policy council shall
advise the secretary whether to approve the proposed blended funding
project. The network shall review the proposed blended funding project
pursuant to its authority to examine the decategorization of program
funds under RCW 70.190.110, within the current appropriation level.))
The department shall document the number of children who participate in
blended funding projects, the total blended funding amounts per child,
the amount charged to each appropriation by program, and services
provided to each child through each blended funding project and report
this information to the appropriate committees of the legislature by
December 1st of each year, beginning in December 1, 2000.
Sec. 5 RCW 74.14C.005 and 1995 c 311 s 1 are each amended to read
as follows:
(1) The legislature believes that protecting the health and safety
of children is paramount. The legislature recognizes that the number
of children entering out-of-home care is increasing and that a number
of children receive long-term foster care protection. Reasonable
efforts by the department to shorten out-of-home placement or avoid it
altogether should be a major focus of the child welfare system. It is
intended that providing up-front services decrease the number of
children entering out-of-home care and have the effect of eventually
lowering foster care expenditures and strengthening the family unit.
Within available funds, the legislature directs the department to
focus child welfare services on protecting the child, strengthening
families and, to the extent possible, providing necessary services in
the family setting, while drawing upon the strengths of the family.
The legislature intends services be locally based and offered as early
as possible to avoid disruption to the family, out-of-home placement of
the child, and entry into the dependency system. The legislature also
intends that these services be used for those families whose children
are returning to the home from out-of-home care. These services are
known as family preservation services and intensive family preservation
services and are characterized by the following values, beliefs, and
goals:
(a) Safety of the child is always the first concern;
(b) Children need their families and should be raised by their own
families whenever possible;
(c) Interventions should focus on family strengths and be
responsive to the individual family's cultural values and needs;
(d) Participation should be voluntary; and
(e) Improvement of family functioning is essential in order to
promote the child's health, safety, and welfare and thereby allow the
family to remain intact and allow children to remain at home.
(2) Subject to the availability of funds for such purposes, the
legislature intends for these services to be made available to all
eligible families on a statewide basis through a phased-in process.
Except as otherwise specified by statute, the department of social and
health services shall have the authority and discretion to implement
and expand these services as provided in this chapter. ((The
department shall consult with the community public health and safety
networks when assessing a community's resources and need for
services.))
(3) It is the legislature's intent that, within available funds,
the department develop services in accordance with this chapter.
(4) Nothing in this chapter shall be construed to create an
entitlement to services nor to create judicial authority to order the
provision of preservation services to any person or family if the
services are unavailable or unsuitable or that the child or family are
not eligible for such services.
Sec. 6 RCW 43.70.545 and 1998 c 245 s 76 are each amended to read
as follows:
(1) The department of health shall develop, based on
recommendations in the public health services improvement plan and in
consultation with affected groups or agencies, comprehensive rules for
the collection and reporting of data relating to acts of violence, at-risk behaviors, and risk and protective factors. The data collection
and reporting rules shall be used by any public or private entity that
is required to report data relating to these behaviors and conditions.
The department may require any agency or program that is state-funded
or that accepts state funds and any licensed or regulated person or
professional to report these behaviors and conditions. To the extent
possible the department shall require the reports to be filed through
existing data systems. The department may also require reporting of
attempted acts of violence and of nonphysical injuries. For the
purposes of this section "acts of violence" means self-directed and
interpersonal behaviors that can result in suicide, homicide, and
nonfatal intentional injuries. (("At-risk behaviors," "protective
factors," and "risk factors" have the same meanings as provided in RCW
70.190.010.)) A copy of the data used by a school district to prepare
and submit a report to the department shall be retained by the district
and, in the copy retained by the district, identify the reported acts
or behaviors by school site.
(2) The department is designated as the statewide agency for the
coordination of all information relating to violence and other
intentional injuries, at-risk behaviors, and risk and protective
factors.
(3) ((The department shall provide necessary data to the local
health departments for use in planning by or evaluation of any
community network authorized under RCW 70.190.060.)) The department shall by rule establish requirements for local
health departments to perform assessment related to at-risk behaviors
and risk and protective factors and to assist community networks in
policy development and in planning and other duties under chapter 7,
Laws of 1994 sp. sess.
(4)
(5) The department may, consistent with its general authority and
directives under RCW 43.70.540 through 43.70.560, contract with a
college or university that has experience in data collection relating
to the health and overall welfare of children to provide assistance to:
(a) State and local health departments in developing new sources of
data to track acts of violence, at-risk behaviors, and risk and
protective factors; and
(b) Local health departments to compile and effectively communicate
data in their communities.
Sec. 7 RCW 43.70.580 and 1995 c 43 s 3 are each amended to read
as follows:
The primary responsibility of the public health system, is to take
those actions necessary to protect, promote, and improve the health of
the population. In order to accomplish this, the department shall:
(1) Identify, as part of the public health improvement plan, the
key health outcomes sought for the population and the capacity needed
by the public health system to fulfill its responsibilities in
improving health outcomes.
(2)(a) Distribute state funds that, in conjunction with local
revenues, are intended to improve the capacity of the public health
system. The distribution methodology shall encourage system-wide
effectiveness and efficiency and provide local health jurisdictions
with the flexibility both to determine governance structures and
address their unique needs.
(b) Enter into with each local health jurisdiction performance-based contracts that establish clear measures of the degree to which
the local health jurisdiction is attaining the capacity necessary to
improve health outcomes. The contracts negotiated between the local
health jurisdictions and the department of health must identify the
specific measurable progress that local health jurisdictions will make
toward achieving health outcomes. A community assessment conducted by
the local health jurisdiction according to the public health
improvement plan((, which shall include the results of the
comprehensive plan prepared according to RCW 70.190.130,)) will be used
as the basis for identifying the health outcomes. The contracts shall
include provisions to encourage collaboration among local health
jurisdictions. State funds shall be used solely to expand and
complement, but not to supplant city and county government support for
public health programs.
(3) Develop criteria to assess the degree to which capacity is
being achieved and ensure compliance by public health jurisdictions.
(4) Adopt rules necessary to carry out the purposes of chapter 43,
Laws of 1995.
(5) Biennially, within the public health improvement plan, evaluate
the effectiveness of the public health system, assess the degree to
which the public health system is attaining the capacity to improve the
status of the public's health, and report progress made by each local
health jurisdiction toward improving health outcomes.
Sec. 8 RCW 13.32A.040 and 2000 c 123 s 3 are each amended to read
as follows:
Families who are in conflict or who are experiencing problems with
at-risk youth or a child who may be in need of services may request
family reconciliation services from the department. The department may
involve a local multidisciplinary team in its response in determining
the services to be provided and in providing those services. Such
services ((shall)) may be provided to alleviate personal or family
situations which present a serious and imminent threat to the health or
stability of the child or family and to maintain families intact
wherever possible. Family reconciliation services shall be designed to
develop skills and supports within families to resolve problems related
to at-risk youth, children in need of services, or family conflicts.
These services may include but are not limited to referral to services
for suicide prevention, psychiatric or other medical care, or
psychological, mental health, drug or alcohol treatment, welfare,
legal, educational, or other social services, as appropriate to the
needs of the child and the family, and training in parenting, conflict
management, and dispute resolution skills.
Sec. 9 RCW 13.32A.100 and 2000 c 123 s 13 are each amended to
read as follows:
Where a child is placed in an out-of-home placement ((pursuant to
RCW 13.32A.090(3)(d)(ii))), the department ((shall)) may make available
family reconciliation services in order to facilitate the reunification
of the family. Any such placement may continue as long as there is
agreement by the child and parent.
Sec. 10 RCW 13.32A.140 and 2000 c 123 s 16 are each amended to
read as follows:
Unless the department files a dependency petition, the department
((shall)) may file a child in need of services petition to approve an
out-of-home placement on behalf of a child under any of the following
sets of circumstances:
(1) The child has been ((admitted to a crisis residential center or
has been)) placed by the department in an out-of-home placement, and:
(a) The parent has been notified that the child was so admitted or
placed;
(b) The child cannot return home, and legal authorization is needed
for out-of-home placement beyond seventy-two hours;
(c) No agreement between the parent and the child as to where the
child shall live has been reached;
(d) No child in need of services petition has been filed by either
the child or parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of
his or her parent.
(2) ((The child has been admitted to a crisis residential center
and:)) An agreement between parent and child made pursuant to ((
(a) Seventy-two hours, including Saturdays, Sundays, and holidays,
have passed since such placement;
(b) The staff, after searching with due diligence, have been unable
to contact the parent of such child; and
(c) The child has no suitable place to live other than the home of
his or her parent.
(3)RCW
13.32A.090(3)(d)(ii) or pursuant to)) RCW 13.32A.120(1) is no longer
acceptable to parent or child, and:
(a) The party to whom the arrangement is no longer acceptable has
so notified the department;
(b) Seventy-two hours, including Saturdays, Sundays, and holidays,
have passed since such notification;
(c) No new agreement between parent and child as to where the child
shall live has been reached;
(d) No child in need of services petition has been filed by either
the child or the parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of
his or her parent.
Under the circumstances of subsection((s)) (1)((,)) or (2)((, or
(3))) of this section, the child ((shall)) may remain in an out-of-home
licensed or certified placement until a child in need of services
petition filed by the department on behalf of the child is reviewed and
resolved by the juvenile court. The department may authorize emergency
medical or dental care for a child ((admitted to a crisis residential
center or)) placed in an out-of-home placement by the department. The
state, when the department files a child in need of services petition
under this section, shall be represented as provided for in RCW
13.04.093.
Sec. 11 RCW 13.32A.150 and 2000 c 123 s 17 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, the juvenile
court shall not accept the filing of a child in need of services
petition by the child or the parents or the filing of an at-risk youth
petition by the parent, unless verification is provided that the
department has completed a family assessment. The family assessment
shall involve the multidisciplinary team if one exists. The family
assessment ((or plan of services developed by the multidisciplinary
team)) shall be aimed at family reconciliation, reunification, and
avoidance of the out-of-home placement of the child. If the department
is unable to complete an assessment within ((two)) ten working days
following a request for assessment, the child or the parents may
proceed under subsection (2) of this section or the parent may proceed
under RCW 13.32A.191.
(2) A child or a child's parent may file with the juvenile court a
child in need of services petition to approve an out-of-home placement
for the child. The department ((shall)) may, when requested, assist
either a parent or child in the filing of the petition. The petition
must be filed in the county where the parent resides. The petition
shall allege that the child is a child in need of services and shall
ask only that the placement of a child outside the home of his or her
parent be approved. The filing of a petition to approve the placement
is not dependent upon the court's having obtained any prior
jurisdiction over the child or his or her parent, and confers upon the
court a special jurisdiction to approve or disapprove an out-of-home
placement under this chapter.
(3) A petition may not be filed if the child is the subject of a
proceeding under chapter 13.34 RCW.
Sec. 12 RCW 13.32A.160 and 2000 c 123 s 19 are each amended to
read as follows:
(1) When a proper child in need of services petition to approve an
out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or
13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding
hearing to be held: (A) For a child who resides in a place other than
his or her parent's home and other than an out-of-home placement,
within five calendar days unless the last calendar day is a Saturday,
Sunday, or holiday, in which case the hearing shall be held on the
preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child,
and the department of such date; (b) notify the parent of the right to
be represented by counsel and, if indigent, to have counsel appointed
for him or her by the court; (c) appoint legal counsel for the child;
(d) inform the child and his or her parent of the legal consequences of
the court approving or disapproving a child in need of services
petition; (e) notify the parents of their rights under this chapter and
chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to
file an at-risk youth petition, the right to submit an application for
admission of their child to a treatment facility for alcohol, chemical
dependency, or mental health treatment, and the right to file a
guardianship petition; and (f) notify all parties, including the
department, of their right to present evidence at the fact-finding
hearing.
(2) Upon filing of a child in need of services petition, the child
may be placed, if not already placed, by the department in a ((crisis
residential center,)) foster family home, group home facility licensed
under chapter 74.15 RCW, or any other suitable residence ((other than
a HOPE center)) to be determined by the department. ((The court may
place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.))
(3) If the child has been placed in a foster family home or group
care facility under chapter 74.15 RCW, the child shall remain there, or
in any other suitable residence as determined by the department,
pending resolution of the petition by the court. Any placement may be
reviewed by the court within three judicial days upon the request of
the juvenile or the juvenile's parent.
Sec. 13 RCW 13.32A.191 and 2000 c 123 s 22 are each amended to
read as follows:
(1) A child's parent may file with the juvenile court a petition in
the interest of a child alleged to be an at-risk youth. The department
((shall)) may, when requested, assist the parent in filing the
petition. The petition shall be filed in the county where the
petitioner resides. The petition shall set forth the name, age, and
residence of the child and the names and residence of the child's
parents and shall allege that:
(a) The child is an at-risk youth;
(b) The petitioner has the right to legal custody of the child;
(c) Court intervention and supervision are necessary to assist the
parent to maintain the care, custody, and control of the child; and
(d) Alternatives to court intervention have been attempted or there
is good cause why such alternatives have not been attempted.
(2) The petition shall set forth facts that support the allegations
in this section and shall generally request relief available under this
chapter. The petition need not specify any proposed disposition
following adjudication of the petition. The filing of an at-risk youth
petition is not dependent upon the court's having obtained any prior
jurisdiction over the child or his or her parent and confers upon the
court the special jurisdiction to assist the parent in maintaining
parental authority and responsibility for the child.
(3) A petition may not be filed if a dependency petition is pending
under chapter 13.34 RCW.
Sec. 14 RCW 13.32A.194 and 2000 c 123 s 23 are each amended to
read as follows:
(1) The court shall hold a fact-finding hearing to consider a
proper at-risk youth petition. The court shall grant the petition and
enter an order finding the child to be an at-risk youth if the
allegations in the petition are established by a preponderance of the
evidence, unless the child is the subject of a proceeding under chapter
13.34 RCW. If the petition is granted, the court shall enter an order
requiring the child to reside in the home of his or her parent or in an
out-of-home placement as provided in RCW 13.32A.192(2).
(2) ((The court may order the department to submit a dispositional
plan if such a plan would assist the court in ordering a suitable
disposition in the case. If the court orders the department to prepare
a plan, the department shall provide copies of the plan to the parent,
the child, and the court. If the parties or the court desire the
department to be involved in any future proceedings or case plan
development, the department shall be provided timely notification of
all court hearings.)) If the court grants or denies an at-risk youth petition, a
statement of the written reasons shall be entered into the records. If
the court denies an at-risk youth petition, the court shall verbally
advise the parties that the child is required to remain within the
care, custody, and control of his or her parent.
(3)
Sec. 15 RCW 13.32A.196 and 2000 c 123 s 24 are each amended to
read as follows:
(1) A dispositional hearing shall be held no later than fourteen
days after the fact-finding hearing. Each party shall be notified of
the time and date of the hearing.
(2) At the dispositional hearing regarding an adjudicated at-risk
youth, the court shall consider the recommendations of the parties
((and the recommendations of any dispositional plan submitted by the
department)). The court may enter a dispositional order that will
assist the parent in maintaining the care, custody, and control of the
child and assist the family to resolve family conflicts or problems.
(3) The court may set conditions of supervision for the child that
include:
(a) Regular school attendance;
(b) Counseling;
(c) Participation in a substance abuse or mental health outpatient
treatment program; and
(d) ((Reporting on a regular basis to the department or any other
designated person or agency; and)) Any other condition the court deems an appropriate condition
of supervision including but not limited to: Employment, participation
in an anger management program, and refraining from using alcohol or
drugs.
(e)
(4) No dispositional order or condition of supervision ordered by
a court pursuant to this section shall include involuntary commitment
of a child for substance abuse or mental health treatment.
(5) The court may order the parent to participate in counseling
services or any other services for the child requiring parental
participation. The parent shall cooperate with the court-ordered case
plan and shall take necessary steps to help implement the case plan.
The parent shall be financially responsible for costs related to the
court-ordered plan; however, this requirement shall not affect the
eligibility of the parent or child for public assistance or other
benefits to which the parent or child may otherwise be entitled.
(6) The parent may request dismissal of an at-risk youth proceeding
or out-of-home placement at any time. Upon such a request, the court
shall dismiss the matter and cease court supervision of the child
unless: (a) A contempt action is pending in the case; (b) a petition
has been filed under RCW 13.32A.150 and a hearing has not yet been held
under RCW 13.32A.179; or (c) an order has been entered under RCW
13.32A.179(3) and the court retains jurisdiction under that subsection.
The court may retain jurisdiction over the matter for the purpose of
concluding any pending contempt proceedings, including the full
satisfaction of any penalties imposed as a result of a contempt
finding.
(((7) The court may order the department to monitor compliance with
the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings
regarding the status of the case.))
Sec. 16 RCW 13.32A.010 and 2000 c 123 s 1 are each amended to
read as follows:
The legislature finds that within any group of people there exists
a need for guidelines for acceptable behavior and that, presumptively,
the experience and maturity of parents make them better qualified to
establish guidelines beneficial to and protective of their children.
The legislature further finds that it is the right and responsibility
of adults to establish laws for the benefit and protection of the
society; and that, in the same manner, the right and responsibility for
establishing reasonable guidelines for the family unit belongs to the
adults within that unit. Further, absent abuse or neglect, parents
have the right to exercise control over their children. The
legislature reaffirms its position stated in RCW 13.34.020 that the
family unit is the fundamental resource of American life which should
be nurtured and that it should remain intact in the absence of
compelling evidence to the contrary.
The legislature recognizes there is a need for services and
assistance for parents and children who are in conflict. These
conflicts are manifested by children who exhibit various behaviors
including: Running away, substance abuse, serious acting out problems,
mental health needs, and other behaviors that endanger themselves or
others.
The legislature finds many parents do not know their rights
regarding their adolescent children and law enforcement. Parents and
courts feel they have insufficient legal recourse for the chronic
runaway child who is endangering himself or herself through his or her
behavior. ((The legislature further recognizes that for chronic
runaways whose behavior puts them in serious danger of harming
themselves or others, secure facilities must be provided to allow
opportunities for assessment, treatment, and to assist parents and
protect their children.)) The legislature intends to give tools to
parents, courts, and law enforcement to keep families together and
reunite them whenever possible.
The legislature recognizes that some children run away to protect
themselves from abuse or neglect in their homes. Abused and neglected
children should be dealt with pursuant to chapter 13.34 RCW and it is
not the intent of the legislature to handle dependency matters under
this chapter.
The legislature intends services offered under this chapter be on
a voluntary basis whenever possible to children and their families and
that the courts be used as a last resort.
The legislature intends to increase the safety of children through
the preservation of families and the provision of ((assessment,))
treatment((,)) and placement services for children in need of services
and at-risk youth including services ((and assessments conducted))
under chapter 13.32A RCW ((and RCW 74.13.033. Within available funds,
the legislature intends to provide these services through crisis
residential centers in which children and youth may safely reside for
a limited period of time. The time in residence shall be used to
conduct an assessment of the needs of the children, youth, and their
families. The assessments are necessary to identify appropriate
services and placement options that will reduce the likelihood that
children will place themselves in dangerous or life-threatening
situations.)).
The legislature recognizes that crisis residential centers provide
an opportunity for children to receive short-term necessary support and
nurturing in cases where there may be abuse or neglect. The
legislature intends that center staff provide an atmosphere of concern,
care, and respect for children in the center and their parents
The legislature intends to provide for the protection of children
who, through their behavior, are endangering themselves. The
legislature intends to provide, to the extent funding is available,
appropriate residential services((, including secure facilities,)) to
protect, stabilize, and treat children with serious problems. The
legislature further intends to empower parents by providing them with
the assistance they require to raise their children.
Sec. 17 RCW 13.32A.030 and 2000 c 123 s 2 are each amended to
read as follows:
As used in this chapter the following terms have the meanings
indicated unless the context clearly requires otherwise:
(1) "Abuse or neglect" means the injury, sexual abuse, sexual
exploitation, negligent treatment, or maltreatment of a child by any
person under circumstances which indicate that the child's health,
welfare, and safety is harmed, excluding conduct permitted under RCW
9A.16.100. An abused child is a child who has been subjected to child
abuse or neglect as defined in this section.
(2) (("Administrator" means the individual who has the daily
administrative responsibility of a crisis residential center, or his or
her designee.)) "At-risk youth" means a juvenile:
(3)
(a) Who is absent from home for at least seventy-two consecutive
hours without consent of his or her parent;
(b) Who is beyond the control of his or her parent such that the
child's behavior endangers the health, safety, or welfare of the child
or any other person; or
(c) Who has a substance abuse problem for which there are no
pending criminal charges related to the substance abuse.
(((4))) (3) "Child," "juvenile," and "youth" mean any unemancipated
individual who is under the chronological age of eighteen years.
(((5))) (4) "Child in need of services" means a juvenile:
(a) Who is beyond the control of his or her parent such that the
child's behavior endangers the health, safety, or welfare of the child
or other person;
(b) Who has been reported to law enforcement as absent without
consent for at least twenty-four consecutive hours on two or more
separate occasions from the home of either parent, ((a crisis
residential center,)) an out-of-home placement, or a court-ordered
placement; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of harm to
the health, safety, or welfare of the child or any other person; or
(c)(i) Who is in need of: (A) Necessary services, including food,
shelter, health care, clothing, or education; or (B) services designed
to maintain or reunite the family;
(ii) Who lacks access to, or has declined to utilize, these
services; and
(iii) Whose parents have evidenced continuing but unsuccessful
efforts to maintain the family structure or are unable or unwilling to
continue efforts to maintain the family structure.
(((6))) (5) "Child in need of services petition" means a petition
filed in juvenile court by a parent, child, or the department seeking
adjudication of placement of the child.
(((7) "Crisis residential center" means a secure or semi-secure
facility established pursuant to chapter 74.13 RCW.)) (6) "Custodian" means the person or entity who has the legal
right to the custody of the child.
(8)
(((9))) (7) "Department" means the department of social and health
services.
(((10))) (8) "Extended family member" means an adult who is a
grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or
first cousin with whom the child has a relationship and is comfortable,
and who is willing and available to care for the child.
(((11))) (9) "Guardian" means that person or agency that (a) has
been appointed as the guardian of a child in a legal proceeding other
than a proceeding under chapter 13.34 RCW, and (b) has the right to
legal custody of the child pursuant to such appointment. The term
"guardian" does not include a "dependency guardian" appointed pursuant
to a proceeding under chapter 13.34 RCW.
(((12) "Multidisciplinary team" means a group formed to provide
assistance and support to a child who is an at-risk youth or a child in
need of services and his or her parent. The team shall include the
parent, a department case worker, a local government representative
when authorized by the local government, and when appropriate, members
from the mental health and substance abuse disciplines. The team may
also include, but is not limited to, the following persons: Educators,
law enforcement personnel, probation officers, employers, church
persons, tribal members, therapists, medical personnel, social service
providers, placement providers, and extended family members. The team
members shall be volunteers who do not receive compensation while
acting in a capacity as a team member, unless the member's employer
chooses to provide compensation or the member is a state employee.)) (10) "Out-of-home placement" means a placement in a foster
family home or group care facility licensed pursuant to chapter 74.15
RCW or placement in a home, other than that of the child's parent,
guardian, or legal custodian, not required to be licensed pursuant to
chapter 74.15 RCW.
(13)
(((14))) (11) "Parent" means the parent or parents who have the
legal right to custody of the child. "Parent" includes custodian or
guardian.
(((15) "Secure facility" means a crisis residential center, or
portion thereof, that has locking doors, locking windows, or a secured
perimeter, designed and operated to prevent a child from leaving
without permission of the facility staff.)) (12) "Temporary out-of-home placement" means an out-of-home
placement of not more than fourteen days ordered by the court at a
fact-finding hearing on a child in need of services petition.
(16) "Semi-secure facility" means any facility, including but not
limited to crisis residential centers or specialized foster family
homes, operated in a manner to reasonably assure that youth placed
there will not run away. Pursuant to rules established by the
department, the facility administrator shall establish reasonable hours
for residents to come and go from the facility such that no residents
are free to come and go at all hours of the day and night. To prevent
residents from taking unreasonable actions, the facility administrator,
where appropriate, may condition a resident's leaving the facility upon
the resident being accompanied by the administrator or the
administrator's designee and the resident may be required to notify the
administrator or the administrator's designee of any intent to leave,
his or her intended destination, and the probable time of his or her
return to the center.
(17) "Staff secure facility" means a structured group care facility
licensed under rules adopted by the department with a ratio of at least
one adult staff member to every two children.
(18)
Sec. 18 RCW 13.32A.170 and 2000 c 123 s 20 are each amended to
read as follows:
(1) The court shall hold a fact-finding hearing to consider a
proper child in need of services petition, giving due weight to the
intent of the legislature that families have the right to place
reasonable restrictions and rules upon their children, appropriate to
the individual child's developmental level. The court may appoint
legal counsel and/or a guardian ad litem to represent the child and
advise parents of their right to be represented by legal counsel. At
the commencement of the hearing, the court shall advise the parents of
their rights as set forth in RCW 13.32A.160(1). If the court approves
or denies a child in need of services petition, a written statement of
the reasons must be filed.
(2) The court may approve an order stating that the child shall be
placed in a residence other than the home of his or her parent only if
it is established by a preponderance of the evidence, including a
departmental recommendation for approval or dismissal of the petition,
that:
(a) The child is a child in need of services as defined in RCW
13.32A.030(((5)));
(b) If the petitioner is a child, he or she has made a reasonable
effort to resolve the conflict;
(c) Reasonable efforts have been made to prevent or eliminate the
need for removal of the child from the child's home and to make it
possible for the child to return home; and
(d) A suitable out-of-home placement resource is available.
The court may not grant a petition filed by the child or the
department if it is established that the petition is based only upon a
dislike of reasonable rules or reasonable discipline established by the
parent.
The court may not grant the petition if the child is the subject of
a proceeding under chapter 13.34 RCW.
(3) Following the fact-finding hearing the court shall: (a)
Approve a child in need of services petition and, if appropriate, enter
a temporary out-of-home placement for a period not to exceed fourteen
days pending approval of a disposition decision to be made under RCW
13.32A.179(2); (b) approve an at-risk youth petition filed by the
parents and dismiss the child in need of services petition; or (c)
dismiss the petition.
At any time the court may order the department to review the case
to determine whether the case is appropriate for a dependency petition
under chapter 13.34 RCW.
Sec. 19 RCW 70.96A.235 and 1998 c 296 s 25 are each amended to
read as follows:
Parental consent is required for inpatient chemical dependency
treatment of a minor, unless the child meets the definition of a child
in need of services in RCW 13.32A.030(((4)(c))) as determined by the
department: PROVIDED, That parental consent is required for any
treatment of a minor under the age of thirteen.
This section does not apply to petitions filed under this chapter.
Sec. 20 RCW 13.32A.050 and 2000 c 123 s 6 are each amended to
read as follows:
(1) A law enforcement officer shall take a child into custody:
(a) If a law enforcement agency has been contacted by the parent of
the child that the child is absent from parental custody without
consent; or
(b) If a law enforcement officer reasonably believes, considering
the child's age, the location, and the time of day, that a child is in
circumstances which constitute a danger to the child's safety or that
a child is violating a local curfew ordinance; or
(c) If an agency legally charged with the supervision of a child
has notified a law enforcement agency that the child has run away from
placement; or
(d) If a law enforcement agency has been notified by the juvenile
court that the court finds probable cause exists to believe that the
child has violated a court placement order issued under this chapter or
chapter 13.34 RCW or that the court has issued an order for law
enforcement pick-up of the child under this chapter or chapter 13.34
RCW.
(2) Law enforcement custody shall not extend beyond the amount of
time reasonably necessary to transport the child to a destination
authorized by law and to place the child at that destination. Law
enforcement custody continues until the law enforcement officer
transfers custody to a person, agency, or other authorized entity under
this chapter, or releases the child because no placement is available.
Transfer of custody is not complete unless the person, agency, or
entity to whom the child is released agrees to accept custody.
(3) ((If a law enforcement officer takes a child into custody
pursuant to either subsection (1)(a) or (b) of this section and
transports the child to a crisis residential center, the officer shall,
within twenty-four hours of delivering the child to the center, provide
to the center a written report detailing the reasons the officer took
the child into custody. The center shall provide the department with
a copy of the officer's report.)) If the law enforcement officer who initially takes the
juvenile into custody ((
(4)or the staff of the crisis residential center
have)) has reasonable cause to believe that the child is absent from
home because he or she is abused or neglected, a report shall be made
immediately to the department.
(((5))) (4) Nothing in this section affects the authority of any
political subdivision to make regulations concerning the conduct of
minors in public places by ordinance or other local law.
(((6))) (5) If a law enforcement officer has a reasonable suspicion
that a child is being unlawfully harbored in violation of RCW
13.32A.080, the officer shall remove the child from the custody of the
person harboring the child and shall transport the child to one of the
locations specified in RCW 13.32A.060.
(((7))) (6) No child may be placed in a secure facility except as
provided in this chapter.
Sec. 21 RCW 13.60.020 and 1985 c 443 s 23 are each amended to
read as follows:
Local law enforcement agencies shall file an official missing
person report and enter biographical information into the state missing
person computerized network within twelve hours after notification of
a missing child is received under RCW 13.32A.050 (1)((, (3), or (4)))
(a), (c), or (d). The patrol shall collect such information as will
enable it to retrieve immediately the following information about a
missing child: Name, date of birth, social security number,
fingerprint classification, relevant physical descriptions, and known
associates and locations. Access to the preceding information shall be
available to appropriate law enforcement agencies, and to parents and
legal guardians, when appropriate.
Sec. 22 RCW 13.32A.060 and 2000 c 162 s 11 and 2000 c 123 s 7 are
each reenacted and amended to read as follows:
(1) An officer taking a child into custody under RCW 13.32A.050(1)
(a) or (b) shall inform the child of the reason for such custody and
shall:
(a) Transport the child to his or her home or to a parent at his or
her place of employment, if no parent is at home. The parent may
request that the officer take the child to the home of an adult
extended family member, responsible adult, ((crisis residential
center,)) the department, or a licensed youth shelter. In responding
to the request of the parent, the officer shall take the child to a
requested place which, in the officer's belief, is within a reasonable
distance of the parent's home. The officer releasing a child into the
custody of a parent, an adult extended family member, responsible
adult, or a licensed youth shelter shall inform the person receiving
the child of the reason for taking the child into custody and inform
all parties of the nature and location of appropriate services
available in the community; or
(b) ((After attempting to notify the parent, take the child to a
designated crisis residential center's secure facility or a center's
semi-secure facility if a secure facility is full, not available, or
not located within a reasonable distance if:)) After unsuccessfully attempting to notify the parent, ((
(i) The child expresses fear or distress at the prospect of being
returned to his or her home which leads the officer to believe there is
a possibility that the child is experiencing some type of abuse or
neglect;
(ii) It is not practical to transport the child to his or her home
or place of the parent's employment; or
(iii) There is no parent available to accept custody of the child;
or
(c)if a
crisis residential center is full, not available, or not located within
a reasonable distance,)) request the department to accept custody of
the child. If the department determines that an appropriate placement
is currently available, the department shall accept custody and place
the child in an out-of-home placement. Upon accepting custody of a
child from the officer, the department may place the child in an out-of-home placement for up to seventy-two hours, excluding Saturdays,
Sundays, and holidays, without filing a child in need of services
petition, obtaining parental consent, or obtaining an order for
placement under chapter 13.34 RCW. Upon transferring a child to the
department's custody, the officer shall provide written documentation
of the reasons and the statutory basis for taking the child into
custody. If the department declines to accept custody of the child,
the officer may release the child after attempting to take the child to
the following, in the order listed: The home of an adult extended
family member; a responsible adult; or a licensed youth shelter. The
officer shall immediately notify the department if no placement option
is available and the child is released.
(2) An officer taking a child into custody under RCW 13.32A.050(1)
(c) or (d) shall inform the child of the reason for custody. An
officer taking a child into custody under RCW 13.32A.050(1)(c) may
release the child to the supervising agency((, or shall take the child
to a designated crisis residential center's secure facility. If the
secure facility is not available, not located within a reasonable
distance, or full, the officer shall take the child to a semi-secure
crisis residential center)). An officer taking a child into custody
under RCW 13.32A.050(1)(d) may place the child in a juvenile detention
facility as provided in RCW 13.32A.065 ((or a secure facility,)) except
that the child shall be taken to detention whenever the officer has
been notified that a juvenile court has entered a detention order under
this chapter or chapter 13.34 RCW.
(3) ((Every officer taking a child into custody shall provide the
child and his or her parent or parents or responsible adult with a copy
of the statement specified in RCW 13.32A.130(6).)) Whenever an officer transfers custody of a child to ((
(4)a
crisis residential center or)) the department, the child may ((reside
in the crisis residential center or may)) be placed by the department
in an out-of-home placement for an aggregate total period of time not
to exceed seventy-two hours excluding Saturdays, Sundays, and holidays.
Thereafter, the child may continue in out-of-home placement only if the
parents have consented, a child in need of services petition has been
filed, or an order for placement has been entered under chapter 13.34
RCW.
(((5) The department shall ensure that all law enforcement
authorities are informed on a regular basis as to the location of all
designated secure and semi-secure facilities within centers in their
jurisdiction, where children taken into custody under RCW 13.32A.050
may be taken.))
Sec. 23 RCW 74.13.036 and 1996 c 133 s 37 are each amended to
read as follows:
(1) The department of social and health services shall oversee
implementation of chapter 13.34 RCW and chapter 13.32A RCW. The
oversight shall be comprised of working with affected parts of the
criminal justice and child care systems as well as with local
government, legislative, and executive authorities to effectively carry
out these chapters. The department shall work with all such entities
to ensure that chapters 13.32A and 13.34 RCW are implemented in a
uniform manner throughout the state.
(2) The department shall develop a plan and procedures, in
cooperation with the statewide advisory committee, to insure the full
implementation of the provisions of chapter 13.32A RCW. Such plan and
procedures shall include but are not limited to:
(a) Procedures defining and delineating the role of the department
and juvenile court with regard to the execution of the child in need of
services placement process;
(b) Procedures for designating department staff responsible for
family reconciliation services;
(c) Procedures assuring enforcement of contempt proceedings in
accordance with RCW 13.32A.170 and 13.32A.250; and
(d) Procedures for the continued education of all individuals in
the criminal juvenile justice and child care systems who are affected
by chapter 13.32A RCW, as well as members of the legislative and
executive branches of government.
There shall be uniform application of the procedures developed by
the department and juvenile court personnel, to the extent practicable.
Local and regional differences shall be taken into consideration in the
development of procedures required under this subsection.
(3) In addition to its other oversight duties, the department
shall:
(a) Identify and evaluate resource needs in each region of the
state;
(b) Disseminate information collected as part of the oversight
process to affected groups and the general public;
(c) Educate affected entities within the juvenile justice and child
care systems, local government, and the legislative branch regarding
the implementation of chapters 13.32A and 13.34 RCW;
(d) Review complaints concerning the services, policies, and
procedures of those entities charged with implementing chapters 13.32A
and 13.34 RCW; and
(e) Report any violations and misunderstandings regarding the
implementation of chapters 13.32A and 13.34 RCW.
(4) The secretary shall submit a quarterly report to the
appropriate local government entities.
(5) The department shall provide an annual report to the
legislature not later than December 1, indicating the number of times
it has declined to accept custody of a child from a law enforcement
agency under chapter 13.32A RCW and the number of times it has received
a report of a child being released without placement under RCW
13.32A.060(1)(((c))) (b). The report shall include the dates, places,
and reasons the department declined to accept custody and the dates and
places children are released without placement.
Sec. 24 RCW 13.32A.065 and 2000 c 162 s 12 and 2000 c 123 s 8 are
each reenacted and amended to read as follows:
(1) A child may be placed in detention after being taken into
custody pursuant to RCW 13.32A.050(1)(d). The court shall hold a
((detention)) review hearing within twenty-four hours, excluding
Saturdays, Sundays, and holidays. The court shall release the child
after twenty-four hours, excluding Saturdays, Sundays, and holidays,
unless:
(a) A motion and order to show why the child should not be held in
contempt has been filed and served on the child at or before the
detention hearing; and
(b) The court believes that the child would not appear at a hearing
on contempt.
(2) If the court ((orders the child to remain in detention)) finds
that the conditions in subsection (1) of this section have been met,
the court may order the child to remain confined in detention, and
shall set the matter for a hearing on contempt within seventy-two
hours, excluding Saturdays, Sundays, and holidays. In no case may a
child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.
Sec. 25 RCW 13.32A.110 and 1996 c 133 s 17 are each amended to
read as follows:
If a child who has a legal residence outside the state of
Washington ((is admitted to a crisis residential center or)) is
released by a law enforcement officer to the department, and the child
refuses to return home, the provisions of RCW 13.24.010 shall apply.
Sec. 26 RCW 13.32A.120 and 2000 c 123 s 14 are each amended to
read as follows:
(1) Where either a child or the child's parent or the person or
facility currently providing shelter to the child notifies the
((center)) department that such individual or individuals cannot agree
to the continuation of an out-of-home placement ((arrived at pursuant
to RCW 13.32A.090(3)(d)(ii))), the ((administrator of the center))
department shall immediately contact the remaining party or parties to
the agreement and shall attempt to bring about the child's return home
or to an alternative living arrangement agreeable to the child and the
parent as soon as practicable.
(2) If a child and his or her parent cannot agree to an out-of-home
placement ((under RCW 13.32A.090(3)(d)(ii))), either the child or
parent may file a child in need of services petition to approve an out-of-home placement or the parent may file an at-risk youth petition.
(3) If a child and his or her parent cannot agree to the
continuation of an out-of-home placement ((under RCW
13.32A.090(3)(d)(ii))), either the child or parent may file a child in
need of services petition to continue an out-of-home placement or the
parent may file an at-risk youth petition.
Sec. 27 RCW 13.32A.192 and 1997 c 146 s 8 are each amended to
read as follows:
(1) When a proper at-risk youth petition is filed by a child's
parent under this chapter, the juvenile court shall:
(a)(i) Schedule a fact-finding hearing to be held: (A) For a child
who resides in a place other than his or her parent's home and other
than an out-of-home placement, within five calendar days unless the
last calendar day is a Saturday, Sunday, or holiday, in which case the
hearing shall be held on the preceding judicial day; or (B) for a child
living at home or in an out-of-home placement, within ten days; and
(ii) notify the parent and the child of such date;
(b) Notify the parent of the right to be represented by counsel at
the parent's own expense;
(c) Appoint legal counsel for the child;
(d) Inform the child and his or her parent of the legal
consequences of the court finding the child to be an at-risk youth; and
(e) Notify the parent and the child of their rights to present
evidence at the fact-finding hearing.
(2) Unless out-of-home placement of the child is otherwise
authorized or required by law, the child shall reside in the home of
his or her parent or in an out-of-home placement requested by the
parent or child and approved by the parent.
(3) If upon sworn written or oral declaration of the petitioning
parent, the court has reason to believe that a child has willfully and
knowingly violated a court order issued pursuant to subsection (2) of
this section, the court may issue an order directing law enforcement to
take the child into custody and place the child in a juvenile detention
facility ((or in a secure facility within a crisis residential
center)). If the child is placed in detention, a review shall be held
as provided in RCW 13.32A.065.
(4) If both a child in need of services petition and an at-risk
youth petition have been filed with regard to the same child, the
petitions and proceedings shall be consolidated as an at-risk youth
petition. Pending a fact-finding hearing regarding the petition, the
child may be placed in the parent's home or in an out-of-home placement
if not already placed in a temporary out-of-home placement pursuant to
a child in need of services petition. The child or the parent may
request a review of the child's placement including a review of any
court order requiring the child to reside in the parent's home.
Sec. 28 RCW 13.32A.197 and 1996 c 133 s 3 are each amended to
read as follows:
(1) In a disposition hearing, after a finding that a child is a
child in need of services or an at-risk youth, the court may adopt the
additional orders authorized under this section if it finds that the
child involved in those proceedings is not eligible for inpatient
treatment for a mental health or substance abuse condition and requires
specialized treatment. The court may order that a child be placed in
a staff secure facility((, other than a crisis residential center,))
that will provide for the child's participation in a program designed
to remedy his or her behavioral difficulties or needs. The court may
not enter this order unless, at the disposition hearing, it finds that
the placement is clearly necessary to protect the child and that a less
restrictive order would be inadequate to protect the child, given the
child's age, maturity, propensity to run away from home, past exposure
to serious risk when the child ran away from home, and possible future
exposure to serious risk should the child run away from home again.
(2) The order shall require periodic court review of the placement,
with the first review hearing conducted not more than thirty days after
the date of the placement. At each review hearing the court shall
advise the parents of their rights under RCW 13.32A.160(1), review the
progress of the child, and determine whether the orders are still
necessary for the protection of the child or a less restrictive
placement would be adequate. The court shall modify its orders as it
finds necessary to protect the child. Reviews of orders adopted under
this section are subject to the review provisions under RCW 13.32A.190
and ((13.32.198 [13.32A.198])) 13.32A.198.
(3) Placements in staff secure facilities under this section shall
be limited to children who meet the statutory definition of a child in
need of services or an at-risk youth as defined in RCW 13.32A.030.
(4) State funds may only be used to pay for placements under this
section if, and to the extent that, such funds are appropriated to
expressly pay for them.
Sec. 29 RCW 74.15.020 and 2001 c 230 s 1, 2001 c 144 s 1, and
2001 c 137 s 3 are each reenacted and amended to read as follows:
For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless
otherwise clearly indicated by the context thereof, the following terms
shall mean:
(1) "Agency" means any person, firm, partnership, association,
corporation, or facility which receives children, expectant mothers, or
persons with developmental disabilities for control, care, or
maintenance outside their own homes, or which places, arranges the
placement of, or assists in the placement of children, expectant
mothers, or persons with developmental disabilities for foster care or
placement of children for adoption, and shall include the following
irrespective of whether there is compensation to the agency or to the
children, expectant mothers or persons with developmental disabilities
for services rendered:
(a) "Child day-care center" means an agency which regularly
provides care for a group of children for periods of less than twenty-four hours;
(b) "Child-placing agency" means an agency which places a child or
children for temporary care, continued care, or for adoption;
(c) "Community facility" means a group care facility operated for
the care of juveniles committed to the department under RCW 13.40.185.
A county detention facility that houses juveniles committed to the
department under RCW 13.40.185 pursuant to a contract with the
department is not a community facility;
(d) (("Crisis residential center" means an agency which is a
temporary protective residential facility operated to perform the
duties specified in chapter 13.32A RCW, in the manner provided in RCW
74.13.032 through 74.13.036;)) "Emergency respite center" is an agency that may be commonly
known as a crisis nursery, that provides emergency and crisis care for
up to seventy-two hours to children who have been admitted by their
parents or guardians to prevent abuse or neglect. Emergency respite
centers may operate for up to twenty-four hours a day, and for up to
seven days a week. Emergency respite centers may provide care for
children ages birth through seventeen, and for persons eighteen through
twenty with developmental disabilities who are admitted with a sibling
or siblings through age seventeen. Emergency respite centers may not
substitute for ((
(e)crisis residential centers or)) HOPE centers, or any
other services defined under this section, and may not substitute for
services which are required under chapter 13.32A or 13.34 RCW;
(((f))) (e) "Family day-care provider" means a child day-care
provider who regularly provides child day care for not more than twelve
children in the provider's home in the family living quarters;
(((g))) (f) "Foster-family home" means an agency which regularly
provides care on a twenty-four hour basis to one or more children,
expectant mothers, or persons with developmental disabilities in the
family abode of the person or persons under whose direct care and
supervision the child, expectant mother, or person with a developmental
disability is placed;
(((h))) (g) "Group-care facility" means an agency, other than a
foster-family home, which is maintained and operated for the care of a
group of children on a twenty-four hour basis;
(((i))) (h) "HOPE center" means an agency licensed by the secretary
to provide temporary residential placement and other services to street
youth. A street youth may remain in a HOPE center for thirty days
while services are arranged and permanent placement is coordinated. No
street youth may stay longer than thirty days unless approved by the
department and any additional days approved by the department must be
based on the unavailability of a long-term placement option. A street
youth whose parent wants him or her returned to home may remain in a
HOPE center until his or her parent arranges return of the youth, not
longer. All other street youth must have court approval under chapter
13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;
(((j))) (i) "Maternity service" means an agency which provides or
arranges for care or services to expectant mothers, before or during
confinement, or which provides care as needed to mothers and their
infants after confinement;
(((k))) (j) "Responsible living skills program" means an agency
licensed by the secretary that provides residential and transitional
living services to persons ages sixteen to eighteen who are dependent
under chapter 13.34 RCW and who have been unable to live in his or her
legally authorized residence and, as a result, the minor lived outdoors
or in another unsafe location not intended for occupancy by the minor.
Dependent minors ages fourteen and fifteen may be eligible if no other
placement alternative is available and the department approves the
placement;
(((l))) (k) "Service provider" means the entity that operates a
community facility.
(2) "Agency" shall not include the following:
(a) Persons related to the child, expectant mother, or person with
developmental disability in the following ways:
(i) Any blood relative, including those of half-blood, and
including first cousins, nephews or nieces, and persons of preceding
generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as
well as the natural and other legally adopted children of such persons,
and other relatives of the adoptive parents in accordance with state
law;
(iv) Spouses of any persons named in (i), (ii), or (iii) of this
subsection (2)(a), even after the marriage is terminated; or
(v) Extended family members, as defined by the law or custom of the
Indian child's tribe or, in the absence of such law or custom, a person
who has reached the age of eighteen and who is the Indian child's
grandparent, aunt or uncle, brother or sister, brother-in-law or
sister-in-law, niece or nephew, first or second cousin, or stepparent
who provides care in the family abode on a twenty-four-hour basis to an
Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b) Persons who are legal guardians of the child, expectant mother,
or persons with developmental disabilities;
(c) Persons who care for a neighbor's or friend's child or
children, with or without compensation, where: (i) The person
providing care for periods of less than twenty-four hours does not
conduct such activity on an ongoing, regularly scheduled basis for the
purpose of engaging in business, which includes, but is not limited to,
advertising such care; or (ii) the parent and person providing care on
a twenty-four-hour basis have agreed to the placement in writing and
the state is not providing any payment for the care;
(d) Parents on a mutually cooperative basis exchange care of one
another's children;
(e) A person, partnership, corporation, or other entity that
provides placement or similar services to exchange students or
international student exchange visitors or persons who have the care of
an exchange student in their home;
(f) A person, partnership, corporation, or other entity that
provides placement or similar services to international children who
have entered the country by obtaining visas that meet the criteria for
medical care as established by the United States immigration and
naturalization service, or persons who have the care of such an
international child in their home;
(g) Nursery schools or kindergartens which are engaged primarily in
educational work with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(h) Schools, including boarding schools, which are engaged
primarily in education, operate on a definite school year schedule,
follow a stated academic curriculum, accept only school-age children
and do not accept custody of children;
(i) Seasonal camps of three months' or less duration engaged
primarily in recreational or educational activities;
(j) Hospitals licensed pursuant to chapter 70.41 RCW when
performing functions defined in chapter 70.41 RCW, nursing homes
licensed under chapter 18.51 RCW and boarding homes licensed under
chapter 18.20 RCW;
(k) Licensed physicians or lawyers;
(l) Facilities providing care to children for periods of less than
twenty-four hours whose parents remain on the premises to participate
in activities other than employment;
(m) Facilities approved and certified under chapter 71A.22 RCW;
(n) Any agency having been in operation in this state ten years
prior to June 8, 1967, and not seeking or accepting moneys or
assistance from any state or federal agency, and is supported in part
by an endowment or trust fund;
(o) Persons who have a child in their home for purposes of
adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a
replacement report has been filed under chapter 26.33 RCW and the
placement has been approved by the court;
(p) An agency operated by any unit of local, state, or federal
government or an agency, located within the boundaries of a federally
recognized Indian reservation, licensed by the Indian tribe;
(q) A maximum or medium security program for juvenile offenders
operated by or under contract with the department;
(r) An agency located on a federal military reservation, except
where the military authorities request that such agency be subject to
the licensing requirements of this chapter.
(3) "Department" means the state department of social and health
services.
(4) "Juvenile" means a person under the age of twenty-one who has
been sentenced to a term of confinement under the supervision of the
department under RCW 13.40.185.
(5) "Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but
is out of compliance with licensing standards.
(6) "Requirement" means any rule, regulation, or standard of care
to be maintained by an agency.
(7) "Secretary" means the secretary of social and health services.
(8) "Street youth" means a person under the age of eighteen who
lives outdoors or in another unsafe location not intended for occupancy
by the minor and who is not residing with his or her parent or at his
or her legally authorized residence.
(9) "Transitional living services" means at a minimum, to the
extent funds are available, the following:
(a) Educational services, including basic literacy and
computational skills training, either in local alternative or public
high schools or in a high school equivalency program that leads to
obtaining a high school equivalency degree;
(b) Assistance and counseling related to obtaining vocational
training or higher education, job readiness, job search assistance, and
placement programs;
(c) Counseling and instruction in life skills such as money
management, home management, consumer skills, parenting, health care,
access to community resources, and transportation and housing options;
(d) Individual and group counseling; and
(e) Establishing networks with federal agencies and state and local
organizations such as the United States department of labor, employment
and training administration programs including the job training
partnership act which administers private industry councils and the job
corps; vocational rehabilitation; and volunteer programs.
Sec. 30 RCW 74.15.220 and 1999 c 267 s 12 are each amended to
read as follows:
The secretary ((shall)) may establish HOPE centers that provide no
more than seventy-five beds across the state and may establish HOPE
centers by contract, within funds appropriated by the legislature
specifically for this purpose. HOPE centers shall be operated in a
manner to reasonably assure that street youth placed there will not run
away. Street youth may leave a HOPE center during the course of the
day to attend school or other necessary appointments, but the street
youth must be accompanied by an administrator or an administrator's
designee. The street youth must provide the administration with
specific information regarding his or her destination and expected time
of return to the HOPE center. Any street youth who runs away from a
HOPE center shall not be readmitted unless specifically authorized by
the street youth's placement and liaison specialist, and the placement
and liaison specialist shall document with specific factual findings an
appropriate basis for readmitting any street youth to a HOPE center.
HOPE centers are required to have the following:
(1) A license issued by the secretary;
(2) A professional with a master's degree in counseling, social
work, or related field and at least one year of experience working with
street youth or a bachelor of arts degree in social work or a related
field and five years of experience working with street youth. This
professional staff person may be contractual or a part-time employee,
but must be available to work with street youth in a HOPE center at a
ratio of one to every fifteen youth staying in a HOPE center. This
professional shall be known as a placement and liaison specialist.
Preference shall be given to those professionals cross-credentialed in
mental health and chemical dependency. The placement and liaison
specialist shall:
(a) Conduct an assessment of the street youth that includes a
determination of the street youth's legal status regarding residential
placement;
(b) Facilitate the street youth's return to his or her legally
authorized residence at the earliest possible date or initiate
processes to arrange legally authorized appropriate placement. Any
street youth who may meet the definition of dependent child under RCW
13.34.030 must be referred to the department. The department shall
determine whether a dependency petition should be filed under chapter
13.34 RCW. A shelter care hearing must be held within seventy-two
hours to authorize out-of-home placement for any youth the department
determines is appropriate for out-of-home placement under chapter 13.34
RCW. All of the provisions of chapter 13.32A RCW must be followed for
children in need of services or at-risk youth;
(c) Interface with other relevant resources and system
representatives to secure long-term residential placement and other
needed services for the street youth;
(d) Be assigned immediately to each youth and meet with the youth
within eight hours of the youth receiving HOPE center services;
(e) Facilitate a physical examination of any street youth who has
not seen a physician within one year prior to residence at a HOPE
center and facilitate evaluation by a county-designated mental health
professional, a chemical dependency specialist, or both if appropriate;
and
(f) Arrange an educational assessment to measure the street youth's
competency level in reading, writing, and basic mathematics, and that
will measure learning disabilities or special needs;
(3) Staff trained in development needs of street youth as
determined by the secretary, including an administrator who is a
professional with a master's degree in counseling, social work, or a
related field and at least one year of experience working with street
youth, or a bachelor of arts degree in social work or a related field
and five years of experience working with street youth, who must work
with the placement and liaison specialist to provide appropriate
services on site;
(4) A data collection system that measures outcomes for the
population served, and enables research and evaluation that can be used
for future program development and service delivery. Data collection
systems must have confidentiality rules and protocols developed by the
secretary;
(5) Notification requirements that meet the notification
requirements of chapter 13.32A RCW. The youth's arrival date and time
must be logged at intake by HOPE center staff. The staff must
immediately notify law enforcement and dependency caseworkers if a
street youth runs away from a HOPE center. ((A child may be
transferred to a secure facility as defined in RCW 13.32A.030 whenever
the staff reasonably believes that a street youth is likely to leave
the HOPE center and not return after full consideration of the factors
set forth in RCW 13.32A.130(2)(a) (i) and (ii).)) The street youth's
temporary placement in the HOPE center must be authorized by the court
or the secretary if the youth is a dependent of the state under chapter
13.34 RCW or the department is responsible for the youth under chapter
13.32A RCW, or by the youth's parent or legal custodian, until such
time as the parent can retrieve the youth who is returning to home;
(6) HOPE centers must identify to the department any street youth
it serves who is not returning promptly to home. The department then
must contact the missing children's clearinghouse identified in chapter
13.60 RCW and either report the youth's location or report that the
youth is the subject of a dependency action and the parent should
receive notice from the department; and
(7) Services that provide counseling and education to the street
youth((; and)).
(8) The department shall only award contracts for the operation of
HOPE center beds and responsible living skills programs in departmental
regions: (a) With operating secure crisis residential centers; or (b)
in which the secretary finds significant progress is made toward
opening a secure crisis residential center
Sec. 31 RCW 74.15.240 and 1999 c 267 s 14 are each amended to
read as follows:
To be eligible for placement in a responsible living skills
program, the minor must be dependent under chapter 13.34 RCW and must
have lived in a HOPE center ((or in a secure crisis residential
center)). Responsible living skills centers are intended as a
placement alternative for dependent youth that the department chooses
for the youth because no other services or alternative placements have
been successful. Responsible living skills centers are not for
dependent youth whose permanency plan includes return to home or family
reunification.
Sec. 32 RCW 74.20A.030 and 2000 c 86 s 7 are each amended to read
as follows:
(1) The department shall be subrogated to the right of any
dependent child or children or person having the care, custody, and
control of ((said)) the child or children, if public assistance money
is paid to or for the benefit of the child or for the care and
maintenance of a child, including a child with a developmental
disability, under a state-funded program, or a program funded under
Title IV-A or IV-E of the federal social security act as amended by the
personal responsibility and work opportunity reconciliation act of
1996, to prosecute or maintain any support action or execute any
administrative remedy existing under the laws of the state of
Washington to obtain reimbursement of moneys expended, based on the
support obligation of the responsible parent established by a child
support order. Distribution of any support moneys shall be made in
accordance with RCW 26.23.035.
(2) The department may initiate, continue, maintain, or execute an
action to establish, enforce, and collect a support obligation,
including establishing paternity and performing related services, under
this chapter and chapter 74.20 RCW, or through the attorney general or
prosecuting attorney under chapter 26.09, 26.18, 26.20, 26.21, 26.23,
or 26.26 RCW or other appropriate statutes or the common law of this
state, for so long as and under such conditions as the department may
establish by regulation.
(3) Public assistance moneys shall be exempt from collection action
under this chapter except as provided in RCW 74.20A.270.
(((4) No collection action shall be taken against parents of
children eligible for admission to, or children who have been
discharged from a residential habilitation center as defined by RCW
71A.10.020(8). For the period July 1, 1993, through June 30, 1995, a
collection action may be taken against parents of children with
developmental disabilities who are placed in community-based
residential care. The amount of support the department may collect
from the parents shall not exceed one-half of the parents' support
obligation accrued while the child was in community-based residential
care. The child support obligation shall be calculated pursuant to
chapter 26.19 RCW.))
Sec. 33 RCW 13.34.270 and 2000 c 122 s 33 are each amended to
read as follows:
(1) Whenever the department places a child with a developmental
disability in out-of-home care pursuant to RCW 74.13.350, the
department shall obtain a judicial determination within one hundred
eighty days of the placement that continued placement is in the best
interests of the child. If the child's out-of-home placement ends
before one hundred eighty days have elapsed, no judicial determination
is required.
(2) To obtain the judicial determination, the department shall file
a petition alleging that there is located or residing within the county
a child who has a developmental disability and that the child has been
placed in out-of-home care pursuant to RCW 74.13.350. The petition
shall request that the court review the child's placement, make a
determination whether continued placement is in the best interests of
the child, and take other necessary action as provided in this section.
The petition shall contain the name, date of birth, and residence of
the child and the names and residences of the child's parent or legal
guardian who has agreed to the child's placement in out-of-home care.
Reasonable attempts shall be made by the department to ascertain and
set forth in the petition the identity, location, and custodial status
of any parent who is not a party to the placement agreement and why
that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall
schedule the petition for a hearing to be held no later than fourteen
calendar days after the petition has been filed. The department shall
provide notification of the time, date, and purpose of the hearing to
the parent or legal guardian who has agreed to the child's placement in
out-of-home care. The department shall also make reasonable attempts
to notify any parent who is not a party to the placement agreement, if
the parent's identity and location is known. Notification under this
section may be given by the most expedient means, including but not
limited to, mail, personal service, and telephone.
(4) The court shall appoint a guardian ad litem for the child as
provided in RCW 13.34.100, unless the court for good cause finds the
appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this
section. At the hearing, the court shall review whether the child's
best interests are served by continued out-of-home placement and
determine the future legal status of the child.
(a) For children age ten and under, a permanency planning hearing
shall be held in all cases where the child has remained in out-of-home
care for at least nine months and an adoption decree or guardianship
order under chapter 11.88 RCW has not previously been entered. The
hearing shall take place no later than twelve months following
commencement of the child's current placement episode.
(b) For children over age ten, a permanency planning hearing shall
be held in all cases where the child has remained in out-of-home care
for at least fifteen months and an adoption decree or guardianship
order under chapter 11.88 RCW has not previously been entered. The
hearing shall take place no later than eighteen months following
commencement of the current placement episode.
(c) No later than ten working days before the permanency planning
hearing, the department shall submit a written permanency plan to the
court and shall mail a copy of the plan to all parties. The plan shall
be directed toward securing a safe, stable, and permanent home for the
child as soon as possible. The plan shall identify one of the
following outcomes as the primary goal and may also identify additional
outcomes as alternative goals: Return of the child to the home of the
child's parent or legal guardian; adoption; guardianship; or long-term
out-of-home care, until the child is age eighteen, with a written
agreement between the parties and the child's care provider.
(d) If a goal of long-term out-of-home care has been achieved
before the permanency planning hearing, the court shall review the
child's status to determine whether the placement and the plan for the
child's care remains appropriate. In cases where the primary
permanency planning goal has not been achieved, the court shall inquire
regarding the reasons why the primary goal has not been achieved and
determine what needs to be done to make it possible to achieve the
primary goal.
(e) Following the first permanency planning hearing, the court
shall hold a further permanency planning hearing in accordance with
this section at least once every twelve months until a permanency
planning goal is achieved or the voluntary placement agreement is
terminated.
(6) Any party to the voluntary placement agreement may terminate
the agreement at any time. Upon termination of the agreement, the
child shall be returned to the care of the child's parent or legal
guardian, unless the child has been taken into custody pursuant to RCW
13.34.050 or 26.44.050, placed in shelter care pursuant to RCW
13.34.060, or placed in foster care pursuant to RCW 13.34.130. The
department shall notify the court upon termination of the voluntary
placement agreement and return of the child to the care of the child's
parent or legal guardian. Whenever a voluntary placement agreement is
terminated, an action under this section shall be dismissed.
(7) When state or federal funds are expended for the care and
maintenance of a child with a developmental disability, whether placed
in care as a result of an action under this chapter or a voluntary
placement agreement, the department shall refer the case to the
division of child support, unless the department finds that there is
good cause not to pursue collection of child support against the parent
or parents of the child.
(8) This section does not prevent the department from filing a
dependency petition if there is reason to believe that the child is a
dependent child as defined in RCW 13.34.030. An action filed under
this section shall be dismissed upon the filing of a dependency
petition regarding a child who is the subject of the action under this
section.
(9) Nothing in this section prohibits the court from ordering the
parents to pay child support under RCW 13.34.160.
Sec. 34 RCW 74.13.350 and 1998 c 229 s 1 are each amended to read
as follows:
It is the intent of the legislature that parents are responsible
for the care and support of children with developmental disabilities.
The legislature recognizes that, because of the intense support
required to care for a child with developmental disabilities, the help
of an out-of-home placement may be needed. It is the intent of the
legislature that, when the sole reason for the out-of-home placement is
the child's developmental disability, such services be offered by the
department to these children and their families through a voluntary
placement agreement. In these cases, the parents shall retain legal
custody of the child.
As used in this section, "voluntary placement agreement" means a
written agreement between the department and a child's parent or legal
guardian authorizing the department to place the child in a licensed
facility. Under the terms of this agreement, the parent or legal
guardian shall retain legal custody and the department shall be
responsible for the child's placement and care. The agreement shall at
a minimum specify the legal status of the child and the rights and
obligations of the parent or legal guardian, the child, and the
department while the child is in placement. The agreement must be
signed by the child's parent or legal guardian and the department to be
in effect, except that an agreement regarding an Indian child shall not
be valid unless executed in writing before the court and filed with the
court as provided in RCW 13.34.245. Any party to a voluntary placement
agreement may terminate the agreement at any time. Upon termination of
the agreement, the child shall be returned to the care of the child's
parent or legal guardian unless the child has been taken into custody
pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant
to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130.
As used in this section, "out-of-home placement" and "out-of-home
care" mean the placement of a child in a foster family home or group
care facility licensed under chapter 74.15 RCW.
Whenever the department places a child in out-of-home care under a
voluntary placement pursuant to this section, the department shall have
the responsibility for the child's placement and care. The department
shall develop a permanency plan of care for the child no later than
sixty days from the date that the department assumes responsibility for
the child's placement and care. Within the first one hundred eighty
days of the placement, the department shall obtain a judicial
determination pursuant to RCW 13.04.030(1)(j) and 13.34.270 that the
placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no
judicial determination under RCW 13.04.030(1)(b) is required. The
permanency planning hearings shall review whether the child's best
interests are served by continued out-of-home placement and determine
the future legal status of the child.
The department shall provide for periodic administrative reviews as
required by federal law. A review may be called at any time by either
the department, the parent, or the legal guardian.
Nothing in this section shall prevent the department from filing a
dependency petition if there is reason to believe that the child is a
dependent child as defined in RCW 13.34.030.
The department shall adopt rules providing for the implementation
of chapter 386, Laws of 1997 and the transfer of responsibility for
out-of-home placements from the dependency process under chapter 13.34
RCW to the process under this chapter.
It is the intent of the legislature that the department undertake
voluntary out-of-home placement in cases where the child's
developmental disability is such that the parent, guardian, or legal
custodian is unable to provide the necessary care for the child, and
the parent, guardian, or legal custodian has determined that the child
would benefit from placement outside of the home. If the department
does not accept a voluntary placement agreement signed by the parent,
a petition may be filed and an action pursued under chapter 13.34 RCW.
The department shall inform the parent, guardian, or legal custodian in
writing of their right to civil action under chapter 13.34 RCW.
Nothing in this section prohibits the department from seeking
support from the parents of a child when state or federal funds are
expended for the care and maintenance of that child, including a child
with a developmental disability, or when the department receives an
application for services from the physical custodian of the child,
unless the department finds that there is good cause not to pursue
collection of child support against the parent or parents.
Sec. 35 RCW 74.14D.020 and 1997 c 386 s 10 are each amended to
read as follows:
(1) The department ((shall)) may, within resources appropriated
specifically for this purpose, contract for delivery of services for at
least two but not more than three models of alternative response
systems. The services shall be reasonably available throughout the
state but need not be sited in every county in the state, subject to
such conditions and limitations as may be specified in the omnibus
appropriations act.
(2) The systems shall provide delivery of services in the least
intrusive manner reasonably likely to achieve improved family
cohesiveness, prevention of rereferrals of the family for alleged abuse
or neglect, and improvement in the health and safety of children.
(3) The department ((shall)) may, within resources appropriated
specifically for this purpose, identify and prioritize risk and
protective factors associated with the type of abuse or neglect
referrals that are appropriate for services delivered by alternative
response systems. Contractors who provide services through an
alternative response system shall use the factors in determining which
services to deliver, consistent with the provisions of subsection (2)
of this section.
(4) Consistent with the provisions of chapter 26.44 RCW, the
providers of services under the alternative response system shall
recognize the due process rights of families that receive such services
and recognize that these services are not intended to be investigative
for purposes of chapter 13.34 RCW.
Sec. 36 RCW 74.14D.030 and 1997 c 386 s 11 are each amended to
read as follows:
The department ((shall)) may, within resources appropriated
specifically for this purpose, identify appropriate data to determine
and evaluate outcomes of the services delivered by the alternative
response systems. All contracts for delivery of alternative response
system services shall include provisions and funding for data
collection.
Sec. 37 RCW 13.34.160 and 1997 c 58 s 505 are each amended to
read as follows:
(1) In an action brought under this chapter, the court may inquire
into the ability of the parent or parents of the child to pay child
support and may enter an order of child support as set forth in chapter
26.19 RCW. The court may enforce the same by execution, or in any way
in which a court of equity may enforce its decrees. All child support
orders entered pursuant to this chapter shall be in compliance with the
provisions of RCW 26.23.050.
(2) For purposes of this section, if a dependent child's parent is
an unmarried minor parent or pregnant minor applicant, then the parent
or parents of the minor shall also be deemed a parent or parents of the
dependent child. However, liability for child support under this
subsection only exists if the parent or parents of the unmarried minor
parent or pregnant minor applicant are provided the opportunity for a
hearing on their ability to provide support. Any child support order
requiring such a parent or parents to provide support for the minor
parent's child may be effective only until the minor parent reaches
eighteen years of age.
(3) In the absence of a court order setting support, the department
may establish an administrative order for support upon receipt of a
referral or application for support enforcement services.
Sec. 38 RCW 74.13.031 and 2001 c 192 s 1 are each amended to read
as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency: PROVIDED, That
an investigation is not required of nonaccidental injuries which are
clearly not the result of a lack of care or supervision by the child's
parents, legal custodians, or persons serving in loco parentis. If the
investigation reveals that a crime against a child may have been
committed, the department shall notify the appropriate law enforcement
agency.
(4) Offer, on a voluntary basis, and to the extent funding is
available for this purpose, family reconciliation services to families
who are in conflict.
(5) Monitor out-of-home placements, on a timely and routine basis,
to assure the safety, well-being, and quality of care being provided is
within the scope of the intent of the legislature as defined in RCW
74.13.010 and 74.15.010, and annually submit a report measuring the
extent to which the department achieved the specified goals to the
governor and the legislature.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, and to provide for the physical care of such children and
make payment of maintenance costs if needed. Except where required by
Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency
which receives children for adoption from the department shall
discriminate on the basis of race, creed, or color when considering
applications in their placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home ((and who are admitted to crisis residential
centers)).
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) Establish a children's services advisory committee which shall
assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.
(10) Have authority to provide continued foster care or group care
for individuals from eighteen through twenty years of age to enable
them to complete their high school or vocational school program.
(11) Refer cases to the division of child support whenever state or
federal funds are expended for the care and maintenance of a child,
including a child with a developmental disability, whether placed as a
result of an action under chapter 13.34 RCW or a voluntary placement
agreement, unless the department finds that there is good cause not to
pursue collection of child support against the parent or parents of the
child.
(12) Have authority within funds appropriated for foster care
services to purchase care for Indian children who are in the custody of
a federally recognized Indian tribe or tribally licensed child-placing
agency pursuant to parental consent, tribal court order, or state
juvenile court order; and the purchase of such care shall be subject to
the same eligibility standards and rates of support applicable to other
children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 ((and 74.13.032 through 74.13.036,)) or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(((12))) (13) Within amounts appropriated for this specific
purpose, provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(((13))) (14) Have authority to provide independent living services
to youths, including individuals eighteen through twenty years of age,
who are or have been in foster care.
Sec. 39 RCW 28A.225.015 and 1999 c 319 s 6 are each amended to
read as follows:
(1) If a parent enrolls a child who is six or seven years of age in
a public school, the child is required to attend and that parent has
the responsibility to ensure the child attends for the full time that
school is in session. An exception shall be made to this requirement
for children whose parents formally remove them from enrollment if the
child is less than eight years old and a petition has not been filed
against the parent under subsection (3) of this section. The
requirement to attend school under this subsection does not apply to a
child enrolled in a public school part-time for the purpose of
receiving ancillary services. A child required to attend school under
this subsection may be temporarily excused upon the request of his or
her parent for purposes agreed upon by the school district and parent.
(2) If a six or seven year-old child is required to attend public
school under subsection (1) of this section and that child has
unexcused absences, the public school in which the child is enrolled
shall:
(a) Inform the child's custodial parent, parents, or guardian by a
notice in writing or by telephone whenever the child has failed to
attend school after one unexcused absence within any month during the
current school year;
(b) Request a conference or conferences with the custodial parent,
parents, or guardian and child at a time reasonably convenient for all
persons included for the purpose of analyzing the causes of the child's
absences after two unexcused absences within any month during the
current school year. If a regularly scheduled parent-teacher
conference day is to take place within thirty days of the second
unexcused absence, then the school district may schedule this
conference on that day; and
(c) Take steps to eliminate or reduce the child's absences. These
steps shall include, where appropriate, adjusting the child's school
program or school or course assignment, providing more individualized
or remedial instruction, offering assistance in enrolling the child in
available alternative schools or programs, or assisting the parent or
child to obtain supplementary services that may help eliminate or
ameliorate the cause or causes for the absence from school.
(3) If a child required to attend public school under subsection
(1) of this section has ((seven)) five unexcused absences in a month or
ten unexcused absences in a school year, the school district ((shall))
may file a petition for civil action as provided in RCW 28A.225.035
against the parent of the child provided that the local juvenile court
has designated within available resources a court, truancy board, or
other entity for processing such actions.
(4) This section does not require a six or seven year old child to
enroll in a public or private school or to receive home-based
instruction. This section only applies to six or seven year old
children whose parents enroll them full time in public school and do
not formally remove them from enrollment as provided in subsection (1)
of this section.
Sec. 40 RCW 28A.225.020 and 1999 c 319 s 1 are each amended to
read as follows:
(1) If a child required to attend school under RCW 28A.225.010
fails to attend school without valid justification, the public school
in which the child is enrolled shall:
(a) Inform the child's custodial parent, parents, or guardian by a
notice in writing or by telephone whenever the child has failed to
attend school after one unexcused absence within any month during the
current school year. School officials shall inform the parent of the
potential consequences of additional unexcused absences;
(b) Schedule a conference or conferences with the custodial parent,
parents, or guardian and child at a time reasonably convenient for all
persons included for the purpose of analyzing the causes of the child's
absences after two unexcused absences within any month during the
current school year. If a regularly scheduled parent-teacher
conference day is to take place within thirty days of the second
unexcused absence, then the school district may schedule this
conference on that day; and
(c) Take steps to eliminate or reduce the child's absences. These
steps shall include, where appropriate, adjusting the child's school
program or school or course assignment, providing more individualized
or remedial instruction, providing appropriate vocational courses or
work experience, ((referring the child to a community truancy board, if
available,)) requiring the child to attend an alternative school or
program, or assisting the parent or child to obtain supplementary
services that might eliminate or ameliorate the cause or causes for the
absence from school and may include referring the child to a community
truancy board. If the child's parent does not attend the scheduled
conference, the conference may be conducted with the student and school
official. However, the parent shall be notified of the steps to be
taken to eliminate or reduce the child's absence.
(2) For purposes of this chapter, an "unexcused absence" means that
a child:
(a) Has failed to attend the majority of hours or periods in an
average school day or has failed to comply with a more restrictive
school district policy; and
(b) Has failed to meet the school district's policy for excused
absences.
(3) If a child transfers from one school district to another during
the school year, the receiving school or school district shall include
the unexcused absences accumulated at the previous school or from the
previous school district for purposes of this section, RCW 28A.225.030,
and 28A.225.015.
Sec. 41 RCW 28A.225.025 and 1999 c 319 s 5 are each amended to
read as follows:
For purposes of this chapter, "community truancy board" means a
board composed of members of the local community in which the child
attends school. Juvenile courts may establish and operate community
truancy boards. If the juvenile court and the school district agree,
a school district may establish and operate a community truancy board
under the jurisdiction of the juvenile court within available funds.
Juvenile courts may create a community truancy board or may use other
entities that exist or are created, such as diversion units. However,
a diversion unit or other existing entity must agree before it is used
as a truancy board. Duties of a community truancy board ((shall)) may
include((, but not be limited to,)) recommending methods for improving
school attendance such as assisting the parent or the child to obtain
supplementary services that might eliminate or ameliorate the causes
for the absences or suggesting to the school district that the child
enroll in another school, an alternative education program, an
education center, a skill center, a dropout prevention program, or
another public or private educational program.
Sec. 42 RCW 28A.225.030 and 1999 c 319 s 2 are each amended to
read as follows:
(1) If a child is required to attend school under RCW 28A.225.010
and if the actions taken by a school district under RCW 28A.225.020 are
not successful in substantially reducing an enrolled student's absences
from public school, ((not later than the seventh)) on or after the
fifth unexcused absence by a child within any month during the current
school year or ((not later than)) on or after the tenth unexcused
absence during the current school year the school district ((shall))
may, provided that the local juvenile court has designated within
available funds a court, truancy board, or other entity for processing
such actions, file a petition and supporting affidavit for a civil
action with the juvenile court alleging a violation of RCW 28A.225.010:
(a) By the parent; (b) by the child; or (c) by the parent and the
child. Except as provided in this subsection, no additional documents
need be filed with the petition.
(2) ((The district shall not later than the fifth unexcused absence
in a month:)) The petition may be filed by a school district employee who
is not an attorney.
(a) Enter into an agreement with a student and parent that
establishes school attendance requirements;
(b) Refer a student to a community truancy board, if available, as
defined in RCW 28A.225.025. The community truancy board shall enter
into an agreement with the student and parent that establishes school
attendance requirements and take other appropriate actions to reduce
the child's absences; or
(c) File a petition under subsection (1) of this section.
(3)
(((4))) (3) If the school district ((fails to)) does not file a
petition under this section, the parent of a child with five or more
unexcused absences in any month during the current school year or upon
the tenth unexcused absence during the current school year may,
provided that the local juvenile court has designated within available
funds a court, truancy board, or other entity for processing such
actions, file a petition with the juvenile court alleging a violation
of RCW 28A.225.010.
(((5))) (4) Petitions filed under this section may be served by
certified mail, return receipt requested. If such service is
unsuccessful, or the return receipt is not signed by the addressee,
personal service is required.
Sec. 43 RCW 43.190.030 and 1997 c 194 s 1 are each amended to
read as follows:
There is created the office of the state long-term care ombudsman.
The ((department of community, trade, and economic development shall
contract with a private nonprofit organization to provide)) long-term
care ombudsman shall provide services as specified under, and
consistent with, the federal older Americans act as amended, federal
mandates, the goals of the state, and the needs of its citizens. ((The
department of community, trade, and economic development shall ensure
that all program and staff support necessary to enable the ombudsman to
effectively protect the interests of residents, patients, and clients
of all long-term care facilities is provided by the nonprofit
organization that contracts to provide long-term care ombudsman
services. The department of community, trade, and economic development
shall adopt rules to carry out this chapter and the long-term care
ombudsman provisions of the federal older Americans act, as amended,
and applicable federal regulations.)) The long-term care ombudsman
program shall have the following powers and duties:
(1) To provide services for coordinating the activities of long-term care ombudsmen throughout the state;
(2) ((Carry out such other activities as the department of
community, trade, and economic development deems appropriate;)) Establish procedures consistent with RCW 43.190.110 for
appropriate access by long-term care ombudsmen to long-term care
facilities and patients' records, including procedures to protect the
confidentiality of the records and ensure that the identity of any
complainant or resident will not be disclosed without the written
consent of the complainant or resident, or upon court order;
(3)
(((4))) (3) Establish a statewide uniform reporting system to
collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving
significant problems, with provision for submission of such data to the
department of social and health services and to the federal department
of health and human services, or its successor agency, on a regular
basis; and
(((5))) (4) Establish procedures to assure that any files
maintained by ombudsman programs shall be disclosed only at the
discretion of the ombudsman having authority over the disposition of
such files, except that the identity of any complainant or resident of
a long-term care facility shall not be disclosed by such ombudsman
unless:
(a) Such complainant or resident, or the complainant's or
resident's legal representative, consents in writing to such
disclosure; or
(b) Such disclosure is required by court order.
Sec. 44 RCW 74.04.005 and 2000 c 218 s 1 are each amended to read
as follows:
For the purposes of this title, unless the context indicates
otherwise, the following definitions shall apply:
(1) "Public assistance" or "assistance" -- Public aid to persons in
need thereof for any cause, including services, medical care,
assistance grants, disbursing orders, work relief, general assistance
and federal-aid assistance.
(2) "Department" -- The department of social and health services.
(3) "County or local office" -- The administrative office for one or
more counties or designated service areas.
(4) "Director" or "secretary" means the secretary of social and
health services.
(5) "Federal-aid assistance" -- The specific categories of assistance
for which provision is made in any federal law existing or hereafter
passed by which payments are made from the federal government to the
state in aid or in respect to payment by the state for public
assistance rendered to any category of needy persons for which
provision for federal funds or aid may from time to time be made, or a
federally administered needs-based program.
(6)(a) "General assistance" -- ((Aid to persons in need)) An economic
assistance program for eligible persons who:
(i) Are not eligible to receive federal-aid assistance, other than
food stamps or food stamp benefits transferred electronically and
medical assistance; however, an individual who refuses or fails to
cooperate in obtaining federal-aid assistance, without good cause, is
not eligible for general assistance;
(ii) Meet one of the following conditions:
(A) Pregnant: PROVIDED, That need is based on the current income
and resource requirements of the federal temporary assistance for needy
families program; or
(B) ((Subject to chapter 165, Laws of 1992, incapacitated from
gainful employment by reason of bodily or mental infirmity that will
likely continue for a minimum of ninety days as)) Is determined by the
department to have a physical or mental impairment or combination of
these impairments that can be expected to last for a continuous period
of not less than twelve months from the date of request and that meets
or equals the Listings of Impairment found in 20 C.F.R. Sec. 404,
Subpart P, Appendix 1.
(C) Persons who are unemployable due to alcohol or drug addiction
are not eligible for general assistance. Persons receiving general
assistance on July 26, 1987, or becoming eligible for such assistance
thereafter, due to an alcohol or drug-related incapacity, shall be
referred to appropriate assessment, treatment, shelter, or supplemental
security income referral services as authorized under chapter 74.50
RCW. Referrals shall be made at the time of application or at the time
of eligibility review. Alcoholic and drug addicted clients who are
receiving general assistance on July 26, 1987, may remain on general
assistance if they otherwise retain their eligibility until they are
assessed for services under chapter 74.50 RCW. Subsection
(6)(a)(ii)(B) of this section shall not be construed to prohibit the
department from granting general assistance benefits to alcoholics and
drug addicts who are incapacitated due to other physical or mental
conditions that meet the eligibility criteria for the general
assistance program;
(iii) Are citizens ((or)), qualified aliens ((lawfully admitted for
permanent residence)), or otherwise residing in the United States under
color of law; and
(iv) Have furnished the department their social security account
number. If the social security account number cannot be furnished
because it has not been issued or is not known, an application for a
number shall be made prior to authorization of assistance, and the
social security number shall be provided to the department upon
receipt.
(b) ((Notwithstanding the provisions of subsection (6)(a)(i), (ii),
and (c) of this section, general assistance shall be provided to the
following recipients of federal-aid assistance:)) General assistance shall be provided only to persons who are
not members of assistance units receiving federal aid assistance,
except as provided in subsection (6)(a)(ii)(A) ((
(i) Recipients of supplemental security income whose need, as
defined in this section, is not met by such supplemental security
income grant because of separation from a spouse; or
(ii) To the extent authorized by the legislature in the biennial
appropriations act, to recipients of temporary assistance for needy
families whose needs are not being met because of a temporary reduction
in monthly income below the entitled benefit payment level caused by
loss or reduction of wages or unemployment compensation benefits or
some other unforeseen circumstances. The amount of general assistance
authorized shall not exceed the difference between the entitled benefit
payment level and the amount of income actually received.
(c)and (b))) of this
section, and will accept available services which can reasonably be
expected to enable the person to work or reduce the need for assistance
unless there is good cause to refuse. Failure to accept such services
shall result in termination until the person agrees to cooperate in
accepting such services and subject to the following maximum periods of
ineligibility after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two months.
(((d))) (c) Persons ((found eligible for general assistance based
on incapacity from gainful employment)) may, if otherwise eligible,
receive general assistance pending application for federal supplemental
security income benefits. Any general assistance that is subsequently
duplicated by the person's receipt of supplemental security income for
the same period shall be considered a debt due the state and shall by
operation of law be subject to recovery through all available legal
remedies.
(((e))) (d) The department shall adopt by rule medical criteria for
general assistance eligibility to ensure that eligibility decisions are
consistent with statutory requirements and are based on clear,
objective medical information.
(((f))) (e) The process implementing the medical criteria shall
involve consideration of opinions of the treating or consulting
physicians or health care professionals regarding incapacity, and any
eligibility decision which rejects uncontroverted medical opinion must
set forth clear and convincing reasons for doing so.
(((g) Recipients of general assistance based upon a finding of
incapacity from gainful employment who remain otherwise eligible shall
not have their benefits terminated absent a clear showing of material
improvement in their medical or mental condition or specific error in
the prior determination that found the recipient eligible by reason of
incapacitation.)) (f) Persons found eligible under subsection
(6)(a)(ii)(B) of this section shall have their medical eligibility
reviewed at least every six months to determine if their medical
incapacity will continue for at least ninety days.
(g) Recipients of general assistance based upon pregnancy who
relinquish their child for adoption, remain otherwise eligible, and are
not eligible to receive benefits under the federal temporary assistance
for needy families program shall not have their benefits terminated
until the end of the month in which the period of six weeks following
the birth of the recipient's child falls. Recipients of the federal
temporary assistance for needy families program who lose their
eligibility solely because of the birth and relinquishment of the
qualifying child may receive general assistance through the end of the
month in which the period of six weeks following the birth of the child
falls.
(h) No person may be considered an eligible individual for general
assistance with respect to any month if during that month the person:
(i) Is fleeing to avoid prosecution of, or to avoid custody or
confinement for conviction of, a felony, or an attempt to commit a
felony, under the laws of the state of Washington or the place from
which the person flees; or
(ii) Is violating a condition of probation, community supervision,
or parole imposed under federal or state law for a felony or gross
misdemeanor conviction.
(7) "Applicant" -- Any person who has made a request, or on behalf of
whom a request has been made, to any county or local office for
assistance.
(8) "Recipient" -- Any person receiving assistance and in addition
those dependents whose needs are included in the recipient's
assistance.
(9) "Standards of assistance" -- The level of income required by an
applicant or recipient to maintain a level of living specified by the
department.
(10) "Resource" -- Any asset, tangible or intangible, owned by or
available to the applicant at the time of application, which can be
applied toward meeting the applicant's need, either directly or by
conversion into money or its equivalent. The department may by rule
designate resources that an applicant may retain and not be ineligible
for public assistance because of such resources. Exempt resources
shall include, but are not limited to:
(a) A home that an applicant, recipient, or their dependents is
living in, including the surrounding property;
(b) Household furnishings and personal effects;
(c) A motor vehicle, other than a motor home, used and useful
having an equity value not to exceed five thousand dollars;
(d) A motor vehicle necessary to transport a physically disabled
household member. This exclusion is limited to one vehicle per
physically disabled person;
(e) All other resources, including any excess of values exempted,
not to exceed one thousand dollars or other limit as set by the
department, to be consistent with limitations on resources and
exemptions necessary for federal aid assistance. The department shall
also allow recipients of temporary assistance for needy families to
exempt savings accounts with combined balances of up to an additional
three thousand dollars;
(f) Applicants for or recipients of general assistance shall have
their eligibility based on resource limitations consistent with the
temporary assistance for needy families program rules adopted by the
department; and
(g) If an applicant for or recipient of public assistance possesses
property and belongings in excess of the ceiling value, such value
shall be used in determining the need of the applicant or recipient,
except that: (i) The department may exempt resources or income when
the income and resources are determined necessary to the applicant's or
recipient's restoration to independence, to decrease the need for
public assistance, or to aid in rehabilitating the applicant or
recipient or a dependent of the applicant or recipient; and (ii) the
department may provide grant assistance for a period not to exceed nine
months from the date the agreement is signed pursuant to this section
to persons who are otherwise ineligible because of excess real property
owned by such persons when they are making a good faith effort to
dispose of that property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to repay the
lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith
efforts to sell the property, the entire amount of assistance may
become an overpayment and a debt due the state and may be recovered
pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair
hearing and afforded the opportunity to challenge a decision that good
faith efforts to sell have ceased, prior to assessment of an
overpayment under this section; and
(D) At the time assistance is authorized, the department files a
lien without a sum certain on the specific property.
(11) "Income" -- (a) All appreciable gains in real or personal
property (cash or kind) or other assets, which are received by or
become available for use and enjoyment by an applicant or recipient
during the month of application or after applying for or receiving
public assistance. The department may by rule and regulation exempt
income received by an applicant for or recipient of public assistance
which can be used by him or her to decrease his or her need for public
assistance or to aid in rehabilitating him or her or his or her
dependents, but such exemption shall not, unless otherwise provided in
this title, exceed the exemptions of resources granted under this
chapter to an applicant for public assistance. In addition, for cash
assistance the department may disregard income pursuant to RCW
74.08A.230 and 74.12.350.
(b) If, under applicable federal requirements, the state has the
option of considering property in the form of lump sum compensatory
awards or related settlements received by an applicant or recipient as
income or as a resource, the department shall consider such property to
be a resource.
(12) "Need" -- The difference between the applicant's or recipient's
standards of assistance for himself or herself and the dependent
members of his or her family, as measured by the standards of the
department, and value of all nonexempt resources and nonexempt income
received by or available to the applicant or recipient and the
dependent members of his or her family.
(13) For purposes of determining eligibility for public assistance
and participation levels in the cost of medical care, the department
shall exempt restitution payments made to people of Japanese and Aleut
ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian
and Pribilof Island Restitution Act passed by congress, P.L. 100-383,
including all income and resources derived therefrom.
(14) In the construction of words and phrases used in this title,
the singular number shall include the plural, the masculine gender
shall include both the feminine and neuter genders and the present
tense shall include the past and future tenses, unless the context
thereof shall clearly indicate to the contrary.
Sec. 45 RCW 74.08A.100 and 2002 c 366 s 1 are each amended to
read as follows:
The state shall exercise its option under P.L. 104-193 to continue
services to legal immigrants under temporary assistance for needy
families, medicaid to the extent allowed by federal law, the state's
basic health plan as provided in chapter 70.47 RCW, and social services
block grant programs. Eligibility for these benefits for legal
immigrants arriving after August 21, 1996, is limited to those families
where the parent, parents, or legal guardians have been in residence in
Washington state for a period of twelve consecutive months before
making their application for assistance. Legal immigrants who lose
benefits under the supplemental security income program as a result of
P.L. 104-193 ((are immediately)) may be eligible for benefits under the
state's general assistance-unemployable program. The legal immigrant
must apply and pursue becoming a naturalized citizen unless the
department determines there is good cause not to naturalize. The
department shall redetermine income and resource eligibility at least
annually, in accordance with existing state policy.
Sec. 46 RCW 74.09.010 and 1990 c 296 s 6 are each amended to read
as follows:
As used in this chapter:
(1) "Children's health program" means the health care services
program provided to children under eighteen years of age and in
households with incomes at or below the federal poverty level as
annually defined by the federal department of health and human services
as adjusted for family size, and who are not otherwise eligible for
medical assistance or the limited casualty program for the medically
needy.
(2) "Committee" means the children's health services committee
created in section 3 of this act.
(3) "County" means the board of county commissioners, county
council, county executive, or tribal jurisdiction, or its designee. A
combination of two or more county authorities or tribal jurisdictions
may enter into joint agreements to fulfill the requirements of RCW
74.09.415 through 74.09.435.
(4) "Department" means the department of social and health
services.
(5) "Department of health" means the Washington state department of
health created pursuant to RCW 43.70.020.
(6) "Internal management" means the administration of medical
assistance, medical care services, the children's health program, and
the limited casualty program.
(7) "Limited casualty program" means the medical care program
provided to medically needy persons as defined under Title XIX of the
federal social security act, and to medically indigent persons who are
without income or resources sufficient to secure necessary medical
services.
(8) "Medical assistance" means the federal aid medical care program
provided to categorically needy persons as defined under Title XIX of
the federal social security act.
(9) "Medical care services" means the limited scope of care
financed by state funds and provided to ((general assistance
recipients)) persons determined incapacitated, and recipients of
alcohol and drug addiction services provided under chapter 74.50 RCW.
(10) "Nursing home" means nursing home as defined in RCW 18.51.010.
(11) "Poverty" means the federal poverty level determined annually
by the United States department of health and human services, or
successor agency.
(12) "Secretary" means the secretary of social and health services.
Sec. 47 RCW 74.09.035 and 1987 c 406 s 12 are each amended to
read as follows:
(1) To the extent of available funds, medical care services may be
provided ((to recipients of general assistance,)) in accordance with
medical eligibility requirements established by the department (a)
subject to chapter 165, Laws of 1992, to persons incapacitated from
gainful employment by reason of bodily or mental infirmity that will
likely continue for a minimum of ninety days as determined by the
department and (b) to recipients of alcohol and drug addiction services
provided under chapter 74.50 RCW((, in accordance with medical
eligibility requirements established by the department)).
(2) The department shall adopt by rule criteria for determining
incapacity to ensure that eligibility decisions are consistent with
statutory requirements and are based on clear, objective medical
information. The process implementing the medical criteria shall
involve consideration of opinions of the treating or consulting
physicians or health care professionals regarding incapacity, and any
eligibility decision that rejects uncontroverted medical opinion must
set forth clear and convincing reasons for doing so.
(3) Determination of the amount, scope, and duration of medical
care services shall be limited to coverage as defined by the
department, except that adult dental, and routine foot care shall not
be included unless there is a specific appropriation for these
services.
(((3))) (4) The department shall establish standards of assistance
and resource and income exemptions, which may include deductibles and
co-insurance provisions. In addition, the department may include a
prohibition against the voluntary assignment of property or cash for
the purpose of qualifying for assistance.
(((4))) (5) Residents of skilled nursing homes, intermediate care
facilities, and intermediate care facilities for the mentally retarded
who are eligible for medical care services shall be provided medical
services to the same extent as provided to those persons eligible under
the medical assistance program.
(((5))) (6) Payments made by the department under this program
shall be the limit of expenditures for medical care services solely
from state funds.
(((6))) (7) Eligibility for medical care services shall commence
with the date of certification for general assistance or the date of
eligibility for alcohol and drug addiction services provided under
chapter 74.50 RCW.
Sec. 48 RCW 74.46.431 and 2001 1st sp.s. c 8 s 5 are each amended
to read as follows:
(1) Effective July 1, 1999, nursing facility medicaid payment rate
allocations shall be facility-specific and shall have seven components:
Direct care, therapy care, support services, operations, property,
financing allowance, and variable return. The department shall
establish and adjust each of these components, as provided in this
section and elsewhere in this chapter, for each medicaid nursing
facility in this state.
(2) All component rate allocations for essential community
providers as defined in this chapter shall be based upon a minimum
facility occupancy of eighty-five percent of licensed beds, regardless
of how many beds are set up or in use. For all facilities other than
essential community providers, effective July 1, 2001, component rate
allocations in direct care, therapy care, support services, variable
return, operations, property, and financing allowance shall continue to
be based upon a minimum facility occupancy of eighty-five percent of
licensed beds. For all facilities other than essential community
providers, effective July 1, 2002, the component rate allocations in
operations, property, and financing allowance shall be based upon a
minimum facility occupancy of ninety percent of licensed beds,
regardless of how many beds are set up or in use. For all facilities
other than essential community providers, effective July 1, 2003, the
component rate allocations in operations, property, and financing
allowance shall be based upon a minimum facility occupancy of ninety-five percent of licensed beds, regardless of how many beds are set up
or in use.
(3) Information and data sources used in determining medicaid
payment rate allocations, including formulas, procedures, cost report
periods, resident assessment instrument formats, resident assessment
methodologies, and resident classification and case mix weighting
methodologies, may be substituted or altered from time to time as
determined by the department.
(4)(a) Direct care component rate allocations shall be established
using adjusted cost report data covering at least six months. Adjusted
cost report data from 1996 will be used for October 1, 1998, through
June 30, 2001, direct care component rate allocations; adjusted cost
report data from 1999 will be used for July 1, 2001, through June 30,
2004, direct care component rate allocations.
(b) Direct care component rate allocations based on 1996 cost
report data shall be adjusted annually for economic trends and
conditions by a factor or factors defined in the biennial
appropriations act. A different economic trends and conditions
adjustment factor or factors may be defined in the biennial
appropriations act for facilities whose direct care component rate is
set equal to their adjusted June 30, 1998, rate, as provided in RCW
74.46.506(5)(i).
(c) Direct care component rate allocations based on 1999 cost
report data shall be adjusted annually for economic trends and
conditions by a factor or factors defined in the biennial
appropriations act. A different economic trends and conditions
adjustment factor or factors may be defined in the biennial
appropriations act for facilities whose direct care component rate is
set equal to their adjusted June 30, 1998, rate, as provided in RCW
74.46.506(5)(i).
(5)(a) Therapy care component rate allocations shall be established
using adjusted cost report data covering at least six months. Adjusted
cost report data from 1996 will be used for October 1, 1998, through
June 30, 2001, therapy care component rate allocations; adjusted cost
report data from 1999 will be used for July 1, 2001, through June 30,
2004, therapy care component rate allocations.
(b) Therapy care component rate allocations shall be adjusted
annually for economic trends and conditions by a factor or factors
defined in the biennial appropriations act.
(6)(a) Support services component rate allocations shall be
established using adjusted cost report data covering at least six
months. Adjusted cost report data from 1996 shall be used for October
1, 1998, through June 30, 2001, support services component rate
allocations; adjusted cost report data from 1999 shall be used for July
1, 2001, through June 30, 2004, support services component rate
allocations.
(b) Support services component rate allocations shall be adjusted
annually for economic trends and conditions by a factor or factors
defined in the biennial appropriations act.
(7)(a) Operations component rate allocations shall be established
using adjusted cost report data covering at least six months. Adjusted
cost report data from 1996 shall be used for October 1, 1998, through
June 30, 2001, operations component rate allocations; adjusted cost
report data from 1999 shall be used for July 1, 2001, through June 30,
2004, operations component rate allocations.
(b) Operations component rate allocations shall be adjusted
annually for economic trends and conditions by a factor or factors
defined in the biennial appropriations act.
(8) For July 1, 1998, through September 30, 1998, a facility's
property and return on investment component rates shall be the
facility's June 30, 1998, property and return on investment component
rates, without increase. For October 1, 1998, through June 30, 1999,
a facility's property and return on investment component rates shall be
rebased utilizing 1997 adjusted cost report data covering at least six
months of data.
(9) Total payment rates under the nursing facility medicaid payment
system shall not exceed facility rates charged to the general public
for comparable services.
(10) Medicaid contractors shall pay to all facility staff a minimum
wage of the greater of the state minimum wage or the federal minimum
wage.
(11) The department shall establish in rule procedures, principles,
and conditions for determining component rate allocations for
facilities in circumstances not directly addressed by this chapter,
including but not limited to: The need to prorate inflation for
partial-period cost report data, newly constructed facilities, existing
facilities entering the medicaid program for the first time or after a
period of absence from the program, existing facilities with expanded
new bed capacity, existing medicaid facilities following a change of
ownership of the nursing facility business, facilities banking beds or
converting beds back into service, facilities temporarily reducing the
number of set-up beds during a remodel, facilities having less than six
months of either resident assessment, cost report data, or both, under
the current contractor prior to rate setting, and other circumstances.
(12) The department shall establish in rule procedures, principles,
and conditions, including necessary threshold costs, for adjusting
rates to reflect capital improvements or new requirements imposed by
the department or the federal government. Any such rate adjustments
are subject to the provisions of RCW 74.46.421.
(13) Effective July 1, 2001, medicaid rates shall continue to be
revised downward in all components, in accordance with department
rules, for facilities converting banked beds to active service under
chapter 70.38 RCW, by using the facility's increased licensed bed
capacity to recalculate minimum occupancy for rate setting. However,
for facilities other than essential community providers which bank beds
under chapter 70.38 RCW, after May 25, 2001, medicaid rates shall be
revised upward, in accordance with department rules, in direct care,
therapy care, support services, and variable return components only, by
using the facility's decreased licensed bed capacity to recalculate
minimum occupancy for rate setting, but no upward revision shall be
made to operations, property, or financing allowance component rates.
(14) Facilities obtaining a certificate of need or a certificate of
need exemption under chapter 70.38 RCW after June 30, 2001, must have
a certificate of capital authorization in order for (a) the
depreciation resulting from the capitalized addition to be included in
calculation of the facility's property component rate allocation; and
(b) the net invested funds associated with the capitalized addition to
be included in calculation of the facility's financing allowance rate
allocation.
Sec. 49 RCW 74.46.433 and 2001 1st sp.s. c 8 s 6 are each amended
to read as follows:
(1) Effective July 1, 2003, the department shall establish for each
medicaid nursing facility a variable return component rate allocation.
In determining the variable return allowance:
(a) ((The variable return array and percentage shall be assigned
whenever rebasing of noncapital rate allocations is scheduled under RCW
46.46.431 [74.46.431] (4), (5), (6), and (7).)) The department, without using peer groups, shall first rank
all facilities in numerical order from highest to lowest according to
each facility's examined ((
(b) To calculate the array of facilities for the July 1, 2001, rate
setting,and)), documented, ((but unlidded, combined
direct care, therapy care, support services,)) and allowable operations
per resident day cost from the ((1999)) most recent cost report period
used in rebasing of costs. ((However, before being combined with other
per resident day costs and ranked, a facility's direct care cost per
resident day shall be adjusted to reflect its facility average case mix
index, to be averaged from the four calendar quarters of 1999, weighted
by the facility's resident days from each quarter, under RCW
74.46.501(7)(b)(ii). The array shall then be divided into four
quartiles, each containing, as nearly as possible, an equal number of
facilities, and four percent shall be assigned to facilities in the
lowest quartile, three percent to facilities in the next lowest
quartile, two percent to facilities in the next highest quartile, and
one percent to facilities in the highest quartile.)) The department
shall then determine the median operations per resident day cost of
such facilities, and separate the facilities into two groups: Those
above the median, and those at or below the median. Once the ranking
and separation described in this section are performed they shall be
final, and shall not be amended because of any later change in the
operations cost of any facility or facilities.
(b) Next, the department, without using peer groups, shall rank all
facilities in numerical order from highest to lowest according to each
facility's combined, examined, documented, and allowable financing
allowance per resident day and its examined, documented, and allowable
property per resident day rate from the most recent cost report period
used in rebasing. The department shall then determine the median
combined financing and property costs of such facilities, and separate
the facilities into two groups: Those above the median, and those at
or below the median. Once the ranking and separation described in this
subsection are performed they shall be final, and shall not be amended
because of any later change in the financing or property cost of any
facility or facilities.
(c) Next, the department shall determine which facilities are at or
below both of the medians as determined by (b) and (c) of this
subsection and shall, subject to (d) of this subsection, compute the
variable return allowance for such facilities by multiplying ((a
facility's assigned percentage)) by two percent the sum of ((the)) each
facility's direct care, therapy care, support services, and operations
component rates determined in accordance with this chapter and rules
adopted by the department. Facilities that are above either of the
medians as determined by (b) and (c) of this subsection shall not
receive any variable return allowance.
(d) Effective July 1, 2001, if a facility's examined and documented
direct care cost per resident day for the preceding report year is
lower than its average direct care component rate weighted by medicaid
resident days for the same year, the facility's direct care cost shall
be substituted for its July 1, 2001, direct care component rate, and
its variable return component rate shall be determined or adjusted each
July 1st by multiplying the facility's assigned percentage by the sum
of the facility's July 1, 2001, therapy care, support services, and
operations component rates, and its direct care cost per resident day
for the preceding year.
(2) The variable return rate allocation calculated in accordance
with this section shall be adjusted to the extent necessary to comply
with RCW 74.46.421.
Sec. 50 RCW 74.46.435 and 2001 1st sp.s. c 8 s 7 are each amended
to read as follows:
(1) Effective July 1, 2001, the property component rate allocation
for each facility shall be determined by dividing the sum of the
reported allowable prior period actual depreciation, subject to RCW
74.46.310 through 74.46.380, adjusted for any capitalized additions or
replacements approved by the department, and the retained savings from
such cost center, by the greater of a facility's total resident days
for the facility in the prior period or resident days as calculated on
eighty-five percent facility occupancy. Effective July 1, 2002, the
property component rate allocation for all facilities, except essential
community providers, shall be set by using the greater of a facility's
total resident days from the most recent cost report period or resident
days calculated at ninety percent facility occupancy. Effective July
1, 2003, the property component rate allocation for all facilities,
except essential community providers, shall be set by using the greater
of a facility's total resident days from the most recent cost report
period or resident days calculated at ninety-five percent occupancy.
If a capitalized addition or retirement of an asset will result in a
different licensed bed capacity during the ensuing period, the prior
period total resident days used in computing the property component
rate shall be adjusted to anticipated resident day level.
(2) A nursing facility's property component rate allocation shall
be rebased annually, effective July 1st, in accordance with this
section and this chapter.
(3) When a certificate of need for a new facility is requested, the
department, in reaching its decision, shall take into consideration
per-bed land and building construction costs for the facility which
shall not exceed a maximum to be established by the secretary.
(4) Effective July 1, 2001, for the purpose of calculating a
nursing facility's property component rate, if a contractor has elected
to bank licensed beds prior to April 1, 2001, or elects to convert
banked beds to active service at any time, under chapter 70.38 RCW, the
department shall use the facility's new licensed bed capacity to
recalculate minimum occupancy for rate setting and revise the property
component rate, as needed, effective as of the date the beds are banked
or converted to active service. However, in no case shall the
department use less than eighty-five percent occupancy of the
facility's licensed bed capacity after banking or conversion.
Effective July 1, 2002, in no case, other than essential community
providers, shall the department use less than ninety percent occupancy
of the facility's licensed bed capacity after conversion. Effective
July 1, 2003, in no case, other than essential community providers,
shall the department use less than ninety-five percent occupancy of the
facility's licensed bed capacity after conversion.
(5) Effective July 1, 2003, each nursing facility's property
component rate as otherwise determined by this section shall be reduced
by ten percent.
(6) The property component rate allocations calculated in
accordance with this section shall be adjusted to the extent necessary
to comply with RCW 74.46.421.
Sec. 51 RCW 74.46.437 and 2001 1st sp.s. c 8 s 8 are each amended
to read as follows:
(1) Beginning July 1, 1999, the department shall establish for each
medicaid nursing facility a financing allowance component rate
allocation. The financing allowance component rate shall be rebased
annually, effective July 1st, in accordance with the provisions of this
section and this chapter.
(2) Effective July 1, 2001, the financing allowance shall be
determined by multiplying the net invested funds of each facility by
.10, and dividing by the greater of a nursing facility's total resident
days from the most recent cost report period or resident days
calculated on eighty-five percent facility occupancy. Effective July
1, 2002, the financing allowance component rate allocation for all
facilities, other than essential community providers, shall be set by
using the greater of a facility's total resident days from the most
recent cost report period or resident days calculated at ninety percent
facility occupancy. Effective July 1, 2003, the financing allowance
component rate allocation for all facilities, other than essential
community providers, shall be set by using the greater of a facility's
total resident days from the most recent cost report period or resident
days calculated at ninety-five percent facility occupancy. However,
assets acquired on or after May 17, 1999, shall be grouped in a
separate financing allowance calculation that shall be multiplied by
.085. The financing allowance factor of .085 shall not be applied to
the net invested funds pertaining to new construction or major
renovations receiving certificate of need approval or an exemption from
certificate of need requirements under chapter 70.38 RCW, or to working
drawings that have been submitted to the department of health for
construction review approval, prior to May 17, 1999. If a capitalized
addition, renovation, replacement, or retirement of an asset will
result in a different licensed bed capacity during the ensuing period,
the prior period total resident days used in computing the financing
allowance shall be adjusted to the greater of the anticipated resident
day level or eighty-five percent of the new licensed bed capacity.
Effective July 1, 2002, for all facilities, other than essential
community providers, the total resident days used to compute the
financing allowance after a capitalized addition, renovation,
replacement, or retirement of an asset shall be set by using the
greater of a facility's total resident days from the most recent cost
report period or resident days calculated at ninety percent facility
occupancy. Effective July 1, 2003, for all facilities, other than
essential community providers, the total resident days used to compute
the financing allowance after a capitalized addition, renovation,
replacement, or retirement of an asset shall be set by using the
greater of a facility's total resident days from the most recent cost
report period or resident days calculated at ninety-five percent
facility occupancy.
(3) In computing the portion of net invested funds representing the
net book value of tangible fixed assets, the same assets, depreciation
bases, lives, and methods referred to in RCW 74.46.330, 74.46.350,
74.46.360, 74.46.370, and 74.46.380, including owned and leased assets,
shall be utilized, except that the capitalized cost of land upon which
the facility is located and such other contiguous land which is
reasonable and necessary for use in the regular course of providing
resident care shall also be included. Subject to provisions and
limitations contained in this chapter, for land purchased by owners or
lessors before July 18, 1984, capitalized cost of land shall be the
buyer's capitalized cost. For all partial or whole rate periods after
July 17, 1984, if the land is purchased after July 17, 1984,
capitalized cost shall be that of the owner of record on July 17, 1984,
or buyer's capitalized cost, whichever is lower. In the case of leased
facilities where the net invested funds are unknown or the contractor
is unable to provide necessary information to determine net invested
funds, the secretary shall have the authority to determine an amount
for net invested funds based on an appraisal conducted according to RCW
74.46.360(1).
(4) Effective July 1, 2001, for the purpose of calculating a
nursing facility's financing allowance component rate, if a contractor
has elected to bank licensed beds prior to May 25, 2001, or elects to
convert banked beds to active service at any time, under chapter 70.38
RCW, the department shall use the facility's new licensed bed capacity
to recalculate minimum occupancy for rate setting and revise the
financing allowance component rate, as needed, effective as of the date
the beds are banked or converted to active service. However, in no
case shall the department use less than eighty-five percent occupancy
of the facility's licensed bed capacity after banking or conversion.
Effective July 1, 2002, in no case, other than for essential community
providers, shall the department use less than ninety percent occupancy
of the facility's licensed bed capacity after conversion. Effective
July 1, 2003, in no case, other than for essential community providers,
shall the department use less than ninety-five percent occupancy of the
facility's licensed bed capacity after conversion.
(5) Effective July 1, 2003, the financing allowance rate allocation
as otherwise determined by this section for each facility shall be
reduced by ten percent.
(6) The financing allowance rate allocation calculated in
accordance with this section shall be adjusted to the extent necessary
to comply with RCW 74.46.421.
NEW SECTION. Sec. 52 A new section is added to chapter 74.46 RCW
to read as follows:
(1) Effective July 1, 2003, the department shall:
(a) Determine the median medicaid average case mix index, as
determined in RCW 74.46.501, for all facilities for each quarter; and
(b) Compute a high acuity payment as an add-on to the direct care
component rate of those facilities which are above the median medicaid
average case mix index for that quarter. The add-on shall be
calculated and paid quarterly according to rules adopted by the
department. The total of such add-ons to the direct care component
rates of all eligible facilities shall be defined in the biennial
appropriations act. Facilities that are at or below the median
medicaid average case mix index for that quarter are not eligible for
any payment as authorized by this subsection.
(2) The add-on high acuity payments calculated in accordance with
this section shall be adjusted to the extent necessary to comply with
RCW 74.46.421.
Sec. 53 RCW 74.46.506 and 2001 1st sp.s. c 8 s 10 are each
amended to read as follows:
(1) The direct care component rate allocation corresponds to the
provision of nursing care for one resident of a nursing facility for
one day, including direct care supplies. Therapy services and
supplies, which correspond to the therapy care component rate, shall be
excluded. The direct care component rate includes elements of case mix
determined consistent with the principles of this section and other
applicable provisions of this chapter.
(2) Beginning October 1, 1998, the department shall determine and
update quarterly for each nursing facility serving medicaid residents
a facility-specific per-resident day direct care component rate
allocation, to be effective on the first day of each calendar quarter.
In determining direct care component rates the department shall
utilize, as specified in this section, minimum data set resident
assessment data for each resident of the facility, as transmitted to,
and if necessary corrected by, the department in the resident
assessment instrument format approved by federal authorities for use in
this state.
(3) The department may question the accuracy of assessment data for
any resident and utilize corrected or substitute information, however
derived, in determining direct care component rates. The department is
authorized to impose civil fines and to take adverse rate actions
against a contractor, as specified by the department in rule, in order
to obtain compliance with resident assessment and data transmission
requirements and to ensure accuracy.
(4) Cost report data used in setting direct care component rate
allocations shall be 1996 and 1999, for rate periods as specified in
RCW 74.46.431(4)(a).
(5) Beginning October 1, 1998, the department shall rebase each
nursing facility's direct care component rate allocation as described
in RCW 74.46.431, adjust its direct care component rate allocation for
economic trends and conditions as described in RCW 74.46.431, and
update its medicaid average case mix index, consistent with the
following:
(a) Reduce total direct care costs reported by each nursing
facility for the applicable cost report period specified in RCW
74.46.431(4)(a) to reflect any department adjustments, and to eliminate
reported resident therapy costs and adjustments, in order to derive the
facility's total allowable direct care cost;
(b) Divide each facility's total allowable direct care cost by its
adjusted resident days for the same report period, increased if
necessary to a minimum occupancy of eighty-five percent; that is, the
greater of actual or imputed occupancy at eighty-five percent of
licensed beds, to derive the facility's allowable direct care cost per
resident day;
(c) Adjust the facility's per resident day direct care cost by the
applicable factor specified in RCW 74.46.431(4) (b) and (c) to derive
its adjusted allowable direct care cost per resident day;
(d) Divide each facility's adjusted allowable direct care cost per
resident day by the facility average case mix index for the applicable
quarters specified by RCW 74.46.501(7)(b) to derive the facility's
allowable direct care cost per case mix unit;
(e) Effective for July 1, 2001, rate setting, divide nursing
facilities into at least two and, if applicable, three peer groups:
Those located in nonurban counties; those located in high labor-cost
counties, if any; and those located in other urban counties;
(f) Array separately the allowable direct care cost per case mix
unit for all facilities in nonurban counties; for all facilities in
high labor-cost counties, if applicable; and for all facilities in
other urban counties, and determine the median allowable direct care
cost per case mix unit for each peer group;
(g) Except as provided in (i) of this subsection, from October 1,
1998, through June 30, 2000, determine each facility's quarterly direct
care component rate as follows:
(i) Any facility whose allowable cost per case mix unit is less
than eighty-five percent of the facility's peer group median
established under (f) of this subsection shall be assigned a cost per
case mix unit equal to eighty-five percent of the facility's peer group
median, and shall have a direct care component rate allocation equal to
the facility's assigned cost per case mix unit multiplied by that
facility's medicaid average case mix index from the applicable quarter
specified in RCW 74.46.501(7)(c);
(ii) Any facility whose allowable cost per case mix unit is greater
than one hundred fifteen percent of the peer group median established
under (f) of this subsection shall be assigned a cost per case mix unit
equal to one hundred fifteen percent of the peer group median, and
shall have a direct care component rate allocation equal to the
facility's assigned cost per case mix unit multiplied by that
facility's medicaid average case mix index from the applicable quarter
specified in RCW 74.46.501(7)(c);
(iii) Any facility whose allowable cost per case mix unit is
between eighty-five and one hundred fifteen percent of the peer group
median established under (f) of this subsection shall have a direct
care component rate allocation equal to the facility's allowable cost
per case mix unit multiplied by that facility's medicaid average case
mix index from the applicable quarter specified in RCW 74.46.501(7)(c);
(h) Except as provided in (i) of this subsection, from July 1,
2000, forward, and ((for all future rate setting)) until June 30, 2003,
determine each facility's quarterly direct care component rate as
follows:
(i) Any facility whose allowable cost per case mix unit is less
than ninety percent of the facility's peer group median established
under (f) of this subsection shall be assigned a cost per case mix unit
equal to ninety percent of the facility's peer group median, and shall
have a direct care component rate allocation equal to the facility's
assigned cost per case mix unit multiplied by that facility's medicaid
average case mix index from the applicable quarter specified in RCW
74.46.501(7)(c);
(ii) Any facility whose allowable cost per case mix unit is greater
than one hundred ten percent of the peer group median established under
(f) of this subsection shall be assigned a cost per case mix unit equal
to one hundred ten percent of the peer group median, and shall have a
direct care component rate allocation equal to the facility's assigned
cost per case mix unit multiplied by that facility's medicaid average
case mix index from the applicable quarter specified in RCW
74.46.501(7)(c);
(iii) Any facility whose allowable cost per case mix unit is
between ninety and one hundred ten percent of the peer group median
established under (f) of this subsection shall have a direct care
component rate allocation equal to the facility's allowable cost per
case mix unit multiplied by that facility's medicaid average case mix
index from the applicable quarter specified in RCW 74.46.501(7)(c);
(i)(i) Between October 1, 1998, and June 30, 2000, the department
shall compare each facility's direct care component rate allocation
calculated under (g) of this subsection with the facility's nursing
services component rate in effect on September 30, 1998, less therapy
costs, plus any exceptional care offsets as reported on the cost
report, adjusted for economic trends and conditions as provided in RCW
74.46.431. A facility shall receive the higher of the two rates.
(ii) Between July 1, 2000, and June 30, 2002, the department shall
compare each facility's direct care component rate allocation
calculated under (h) of this subsection with the facility's direct care
component rate in effect on June 30, 2000. A facility shall receive
the higher of the two rates. Between July 1, 2001, and June 30, 2002,
if during any quarter a facility whose rate paid under (h) of this
subsection is greater than either the direct care rate in effect on
June 30, 2000, or than that facility's allowable direct care cost per
case mix unit calculated in (d) of this subsection multiplied by that
facility's medicaid average case mix index from the applicable quarter
specified in RCW 74.46.501(7)(c), the facility shall be paid in that
and each subsequent quarter pursuant to (h) of this subsection and
shall not be entitled to the greater of the two rates.
(iii) Effective July 1, 2002, and until June 30, 2003, all direct
care component rate allocations shall be as determined under (h) of
this subsection;
(j) Effective July 1, 2003, forward, the department shall determine
each facility's quarterly direct care component rate as follows:
(i) Any facility whose allowable cost per case mix unit is greater
than one hundred ten percent of the peer group median established under
(f) of this subsection shall be assigned a cost per case mix unit equal
to one hundred ten percent of the peer group median, and shall have a
direct care component rate allocation equal to the facility's assigned
cost per case mix unit multiplied by that facility's medicaid average
case mix index from the applicable quarter specified in RCW
74.46.501(7)(c);
(ii) Any facility whose allowable cost per case mix unit is equal
to or below one hundred ten percent of the peer group median
established under (f) of this subsection shall have a direct care
component rate allocation equal to the facility's allowable cost per
case mix unit multiplied by that facility's medicaid average case mix
index from the applicable quarter specified in RCW 74.46.501(7)(c).
(6) The direct care component rate allocations calculated in
accordance with this section shall be adjusted to the extent necessary
to comply with RCW 74.46.421.
(7) Payments resulting from increases in direct care component
rates, granted under authority of RCW 74.46.508(1) for a facility's
exceptional care residents, shall be offset against the facility's
examined, allowable direct care costs, for each report year or partial
period such increases are paid. Such reductions in allowable direct
care costs shall be for rate setting, settlement, and other purposes
deemed appropriate by the department.
Sec. 54 RCW 74.46.521 and 2001 1st sp.s. c 8 s 13 are each
amended to read as follows:
(1) The operations component rate allocation corresponds to the
general operation of a nursing facility for one resident for one day,
including but not limited to management, administration, utilities,
office supplies, accounting and bookkeeping, minor building
maintenance, minor equipment repairs and replacements, and other
supplies and services, exclusive of direct care, therapy care, support
services, property, financing allowance, and variable return.
(2) Beginning October 1, 1998, the department shall determine each
medicaid nursing facility's operations component rate allocation using
cost report data specified by RCW 74.46.431(7)(a). Effective July 1,
2002, operations component rates for all facilities except essential
community providers shall be based upon a minimum occupancy of ninety
percent of licensed beds, and no operations component rate shall be
revised in response to beds banked on or after May 25, 2001, under
chapter 70.38 RCW. Effective July 1, 2003, operations component rates
for all facilities except essential community providers shall be based
upon a minimum occupancy of ninety-five percent of licensed beds, and
no operations component rate shall be revised in response to beds
banked on or after May 25, 2001, under chapter 70.38 RCW.
(3) To determine each facility's operations component rate the
department shall:
(a) Array facilities' adjusted general operations costs per
adjusted resident day for each facility from facilities' cost reports
from the applicable report year, for facilities located within urban
counties and for those located within nonurban counties and determine
the median adjusted cost for each peer group;
(b) Set each facility's operations component rate at the lower of:
(i) The facility's per resident day adjusted operations costs from
the applicable cost report period adjusted if necessary to a minimum
occupancy of eighty-five percent of licensed beds before July 1, 2002,
ninety percent of licensed beds between July 1, 2002, and June 30,
2003, and ninety-five percent of licensed beds effective July 1,
((2002)) 2003; or
(ii) The adjusted median per resident day general operations cost
for that facility's peer group, urban counties or nonurban counties;
and
(c) Adjust each facility's operations component rate for economic
trends and conditions as provided in RCW 74.46.431(7)(b).
(4) Effective July 1, 2003, each nursing facility's operations
component rate allocation as otherwise determined by this section shall
be reduced by ten percent.
(5) The operations component rate allocations calculated in
accordance with this section shall be adjusted to the extent necessary
to comply with RCW 74.46.421.
Sec. 55 RCW 70.47.060 and 2001 c 196 s 13 are each amended to
read as follows:
The administrator has the following powers and duties:
(1) To design and from time to time revise a schedule of covered
basic health care services, including physician services, inpatient and
outpatient hospital services, prescription drugs and medications, and
other services that may be necessary for basic health care. In
addition, the administrator may, to the extent that funds are
available, offer as basic health plan services chemical dependency
services, mental health services and organ transplant services;
however, no one service or any combination of these three services
shall increase the actuarial value of the basic health plan benefits by
more than five percent excluding inflation, as determined by the office
of financial management. All subsidized and nonsubsidized enrollees in
any participating managed health care system under the Washington basic
health plan shall be entitled to receive covered basic health care
services in return for premium payments to the plan. The schedule of
services shall emphasize proven preventive and primary health care and
shall include all services necessary for prenatal, postnatal, and well-child care. However, with respect to coverage for subsidized enrollees
who are eligible to receive prenatal and postnatal services through the
medical assistance program under chapter 74.09 RCW, the administrator
shall not contract for such services except to the extent that such
services are necessary over not more than a one-month period in order
to maintain continuity of care after diagnosis of pregnancy by the
managed care provider. The schedule of services shall also include a
separate schedule of basic health care services for children, eighteen
years of age and younger, for those subsidized or nonsubsidized
enrollees who choose to secure basic coverage through the plan only for
their dependent children. In designing and revising the schedule of
services, the administrator shall consider the guidelines for assessing
health services under the mandated benefits act of 1984, RCW 48.47.030,
and such other factors as the administrator deems appropriate.
(2)(a) To design and implement a structure of periodic premiums due
the administrator from subsidized enrollees that is based upon gross
family income, giving appropriate consideration to family size and the
ages of all family members. The enrollment of children shall not
require the enrollment of their parent or parents who are eligible for
the plan. The structure of periodic premiums shall be applied to
subsidized enrollees entering the plan as individuals pursuant to
subsection (9) of this section and to the share of the cost of the plan
due from subsidized enrollees entering the plan as employees pursuant
to subsection (10) of this section.
(b) To determine the periodic premiums due the administrator from
nonsubsidized enrollees. Premiums due from nonsubsidized enrollees
shall be in an amount equal to the cost charged by the managed health
care system provider to the state for the plan plus the administrative
cost of providing the plan to those enrollees and the premium tax under
RCW 48.14.0201.
(c) An employer or other financial sponsor may, with the prior
approval of the administrator, pay the premium, rate, or any other
amount on behalf of a subsidized or nonsubsidized enrollee, by
arrangement with the enrollee and through a mechanism acceptable to the
administrator.
(d) To develop, as an offering by every health carrier providing
coverage identical to the basic health plan, as configured on January
1, 2001, a basic health plan model plan with uniformity in enrollee
cost-sharing requirements.
(3) To design and implement a structure of enrollee cost-sharing
due a managed health care system from subsidized and nonsubsidized
enrollees. The structure shall discourage inappropriate enrollee
utilization of health care services, and may utilize copayments,
deductibles, and other cost-sharing mechanisms, but shall not be so
costly to enrollees as to constitute a barrier to appropriate
utilization of necessary health care services.
(4) To limit enrollment of persons who qualify for subsidies so as
to prevent an overexpenditure of appropriations for such purposes.
Whenever the administrator finds that there is danger of such an
overexpenditure, the administrator shall close enrollment, and if
necessary, disenroll persons, until the administrator finds the danger
no longer exists. The administrator may develop and implement a system
of prioritized enrollment or disenrollment for groups of persons to the
extent consistent with and authorized in the biennial budget act. Such
system shall be adopted by rule and may prioritize enrollment or
disenrollment of groups of persons by various factors, including but
not limited to county of residence, age, income, or family status.
(5) To limit the payment of subsidies to subsidized enrollees, as
defined in RCW 70.47.020. The level of subsidy provided to persons who
qualify may be based on the lowest cost plans, as defined by the
administrator.
(6) To adopt a schedule for the orderly development of the delivery
of services and availability of the plan to residents of the state,
subject to the limitations contained in RCW 70.47.080 or any act
appropriating funds for the plan.
(7) To solicit and accept applications from managed health care
systems, as defined in this chapter, for inclusion as eligible basic
health care providers under the plan for either subsidized enrollees,
or nonsubsidized enrollees, or both. The administrator shall endeavor
to assure that covered basic health care services are available to any
enrollee of the plan from among a selection of two or more
participating managed health care systems. In adopting any rules or
procedures applicable to managed health care systems and in its
dealings with such systems, the administrator shall consider and make
suitable allowance for the need for health care services and the
differences in local availability of health care resources, along with
other resources, within and among the several areas of the state.
Contracts with participating managed health care systems shall ensure
that basic health plan enrollees who become eligible for medical
assistance may, at their option, continue to receive services from
their existing providers within the managed health care system if such
providers have entered into provider agreements with the department of
social and health services.
(8) To receive periodic premiums from or on behalf of subsidized
and nonsubsidized enrollees, deposit them in the basic health plan
operating account, keep records of enrollee status, and authorize
periodic payments to managed health care systems on the basis of the
number of enrollees participating in the respective managed health care
systems.
(9) To accept applications from individuals residing in areas
served by the plan, on behalf of themselves and their spouses and
dependent children, for enrollment in the Washington basic health plan
as subsidized or nonsubsidized enrollees, to establish appropriate
minimum-enrollment periods for enrollees as may be necessary, and to
determine, upon application and on a reasonable schedule defined by the
authority, or at the request of any enrollee, eligibility due to
current gross family income for sliding scale premiums. Funds received
by a family as part of participation in the adoption support program
authorized under RCW 26.33.320 and 74.13.100 through 74.13.145 shall
not be counted toward a family's current gross family income for the
purposes of this chapter. When an enrollee fails to report income or
income changes accurately, the administrator shall have the authority
either to bill the enrollee for the amounts overpaid by the state or to
impose civil penalties of up to two hundred percent of the amount of
subsidy overpaid due to the enrollee incorrectly reporting income. The
administrator shall adopt rules to define the appropriate application
of these sanctions and the processes to implement the sanctions
provided in this subsection, within available resources. No subsidy
may be paid with respect to any enrollee whose current gross family
income exceeds twice the federal poverty level or, subject to RCW
70.47.110, who is a recipient of medical assistance or medical care
services under chapter 74.09 RCW. If a number of enrollees drop their
enrollment for no apparent good cause, the administrator may establish
appropriate rules or requirements that are applicable to such
individuals before they will be allowed to reenroll in the plan.
(10) To accept applications from business owners on behalf of
themselves and their employees, spouses, and dependent children, as
subsidized or nonsubsidized enrollees, who reside in an area served by
the plan. The administrator may require all or the substantial
majority of the eligible employees of such businesses to enroll in the
plan and establish those procedures necessary to facilitate the orderly
enrollment of groups in the plan and into a managed health care system.
The administrator may require that a business owner pay at least an
amount equal to what the employee pays after the state pays its portion
of the subsidized premium cost of the plan on behalf of each employee
enrolled in the plan. Enrollment is limited to those not eligible for
medicare who wish to enroll in the plan and choose to obtain the basic
health care coverage and services from a managed care system
participating in the plan. The administrator shall adjust the amount
determined to be due on behalf of or from all such enrollees whenever
the amount negotiated by the administrator with the participating
managed health care system or systems is modified or the administrative
cost of providing the plan to such enrollees changes.
(11) To determine the rate to be paid to each participating managed
health care system in return for the provision of covered basic health
care services to enrollees in the system. Although the schedule of
covered basic health care services will be the same or actuarially
equivalent for similar enrollees, the rates negotiated with
participating managed health care systems may vary among the systems.
In negotiating rates with participating systems, the administrator
shall consider the characteristics of the populations served by the
respective systems, economic circumstances of the local area, the need
to conserve the resources of the basic health plan trust account, and
other factors the administrator finds relevant.
(12) To monitor the provision of covered services to enrollees by
participating managed health care systems in order to assure enrollee
access to good quality basic health care, to require periodic data
reports concerning the utilization of health care services rendered to
enrollees in order to provide adequate information for evaluation, and
to inspect the books and records of participating managed health care
systems to assure compliance with the purposes of this chapter. In
requiring reports from participating managed health care systems,
including data on services rendered enrollees, the administrator shall
endeavor to minimize costs, both to the managed health care systems and
to the plan. The administrator shall coordinate any such reporting
requirements with other state agencies, such as the insurance
commissioner and the department of health, to minimize duplication of
effort.
(13) To evaluate the effects this chapter has on private employer-based health care coverage and to take appropriate measures consistent
with state and federal statutes that will discourage the reduction of
such coverage in the state.
(14) To develop a program of proven preventive health measures and
to integrate it into the plan wherever possible and consistent with
this chapter.
(15) To provide, consistent with available funding, assistance for
rural residents, underserved populations, and persons of color.
(16) In consultation with appropriate state and local government
agencies, to establish criteria defining eligibility for persons
confined or residing in government-operated institutions.
(17) To administer the premium discounts provided under RCW
48.41.200(3)(a) (i) and (ii) pursuant to a contract with the Washington
state health insurance pool.
Sec. 56 2002 c 290 s 30 (uncodified) is amended to read as
follows:
Section 2 of this act expires ((July 1, 2004)) on the effective
date of section 56, chapter . . ., Laws of 2003 (section 56 of this
act).
Sec. 57 2002 c 290 s 31 (uncodified) is amended to read as
follows:
Sections 7 through 11 and 14 through 23 of this act take effect
((July 1, 2004, and apply to crimes committed on or after July 1,
2004)) on the effective date of section 56, chapter . . ., Laws of 2003
(section 56 of this act). Sections 7 through 11 of this act apply
retroactively to crimes committed before, on, or after the effective
date of section 56, chapter . . ., Laws of 2003 (section 56 of this
act), except where retroactive application would result in increased
punishment in violation of Article I, section 23 of the state
Constitution.
NEW SECTION. Sec. 58 (1) The legislature intends that offenders
serving, on or after the effective date of this section, terms of total
confinement within the standard range or under RCW 9.94A.660 for
offenses listed in RCW 9.94A.518 shall be resentenced, as promptly as
practicable, under that section, RCW 9.94A.517, and other sections made
retroactive in section 57 of this act.
(2) Such offenders shall be resentenced as follows:
(a) Offenders who were originally sentenced to total confinement
for a period within the standard range under RCW 9.94A.510 shall be
resentenced to total confinement within the standard range under RCW
9.94A.517. The new term of confinement shall be calculated at the same
relative point within the new standard range that the original term of
confinement occupied within the original standard range, so that the
new term corresponds to the original term as a percentage of the
interval between the top and bottom of the applicable range.
(b) Offenders who were originally sentenced to total confinement
under RCW 9.94A.660, the drug offender sentencing alternative, shall be
resentenced under the same section, but the term shall be recalculated
based on the applicable standard range under RCW 9.94A.517.
(3) The department of corrections and agencies operating county
jails shall identify offenders eligible for resentencing under this
section and in each case notify the sentencing court and the offender.
To facilitate resentencing of offenders under this section, the
legislature requests that the supreme court authorize one or more
superior court judges to perform judicial duties in other superior
courts, under Article III, section 2(a) of the state Constitution.
(4) If resentencing under this section results in a term of
confinement of twelve months or less for an offender who was confined
in the custody of the department of corrections under the original
sentence, the offender shall serve the remainder of the new term in the
custody of the department of corrections.
Sec. 59 RCW 70.96A.350 and 2002 c 290 s 4 are each amended to
read as follows:
(1) The criminal justice treatment account is created in the state
treasury. Moneys in the account may be expended solely for: (a)
Substance abuse treatment and treatment support services for offenders
with an addiction or a substance abuse problem that, if not treated,
would result in addiction, against whom charges are filed by a
prosecuting attorney in Washington state; and (b) the provision of drug
and alcohol treatment services and treatment support services for
nonviolent offenders within a drug court program. Moneys in the
account may be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's
successful completion of his or her substance abuse treatment program,
but does not include the following services: Housing other than that
provided as part of an inpatient substance abuse treatment program,
vocational training, and mental health counseling; and
(b) "Treatment support" means transportation to or from inpatient
or outpatient treatment services when no viable alternative exists, and
child care services that are necessary to ensure a participant's
ability to attend outpatient treatment sessions.
(3) Revenues to the criminal justice treatment account consist of:
(a) ((Savings to the state general fund resulting from implementation
of chapter 290, Laws of 2002, as calculated)) Funds transferred to the
account pursuant to this section; and (b) any other revenues
appropriated to or deposited in the account.
(4)(a) ((The department of corrections, the sentencing guidelines
commission, the office of financial management, and the caseload
forecast council shall develop a methodology for calculating the
projected biennial savings under this section. Savings shall be
projected for the fiscal biennium beginning on July 1, 2003, and for
each biennium thereafter. By September 1, 2002, the proposed
methodology shall be submitted to the governor and the appropriate
committees of the legislature. The methodology is deemed approved
unless the legislature enacts legislation to modify or reject the
methodology.)) For the fiscal biennium beginning July 1, 2003, ((
(b) When the department of corrections submits its biennial budget
request to the governor in 2002 and in each even-numbered year
thereafter, the department of corrections shall use the methodology
approved in (a) of this subsection to calculate savings to the state
general fund for the ensuing fiscal biennium resulting from reductions
in drug offender sentencing as a result of sections 2 and 3, chapter
290, Laws of 2002 and sections 7, 8, and 9, chapter 290, Laws of 2002.
The department shall report the dollar amount of the savings to the
state treasurer, the office of financial management, and the fiscal
committees of the legislature.
(c)and each
fiscal biennium thereafter,)) the state treasurer shall transfer
((seventy-five percent of the amount reported in (b) of this
subsection)) eight million nine hundred fifty thousand dollars from the
general fund into the criminal justice treatment account, divided into
eight equal quarterly payments. ((However, the amount transferred to
the criminal justice treatment account shall not exceed the limit of
eight million two hundred fifty thousand dollars per fiscal year.
After the first fiscal year in which the amount to be transferred
equals or exceeds eight million two hundred fifty thousand dollars,
this limit)) For the fiscal year beginning July 1, 2005, and each
subsequent fiscal year, the state treasurer shall transfer eight
million two hundred fifty thousand dollars from the general fund to the
criminal justice treatment account, divided into four equal quarterly
payments. For the fiscal year beginning July 1, 2006, and each
subsequent fiscal year, the amount transferred shall be increased on an
annual basis by the implicit price deflator as published by the federal
bureau of labor statistics.
(((d))) (b) For the fiscal biennium beginning July 1, 2003, and
each biennium thereafter, the state treasurer shall transfer ((twenty-five percent of the amount reported in (b) of this subsection)) two
million nine hundred eighty-four thousand dollars from the general fund
into the violence reduction and drug enforcement account, divided into
eight quarterly payments. The amounts transferred pursuant to this
subsection (4)(((d))) (b) shall be used solely for providing drug and
alcohol treatment services to offenders confined in a state
correctional facility ((receiving a reduced sentence as a result of
implementation of chapter 290, Laws of 2002 and)) who are assessed with
an addiction or a substance abuse problem that if not treated would
result in addiction. ((Any excess funds remaining after providing drug
and alcohol treatment services to offenders receiving a reduced
sentence as a result of implementation of chapter 290, Laws of 2002 may
be expended to provide treatment for offenders confined in a state
correctional facility and who are assessed with an addiction or a
substance abuse problem that contributed to the crime.)) (c) In each odd-numbered year, the legislature shall
appropriate the amount transferred to the criminal justice treatment
account in ((
(e)(c))) (a) of this subsection to the division of alcohol
and substance abuse for the purposes of subsection (5) of this section.
(5) Moneys appropriated to the division of alcohol and substance
abuse from the criminal justice treatment account shall be distributed
as specified in this subsection. The department shall serve as the
fiscal agent for purposes of distribution. Until July 1, 2004, the
department may not use moneys appropriated from the criminal justice
treatment account for administrative expenses and shall distribute all
amounts appropriated under subsection (4)(((e))) (c) of this section in
accordance with this subsection. Beginning in July 1, 2004, the
department may retain up to three percent of the amount appropriated
under subsection (4)(((e))) (c) of this section for its administrative
costs.
(a) Seventy percent of amounts appropriated to the division from
the account shall be distributed to counties pursuant to the
distribution formula adopted under this section. The division of
alcohol and substance abuse, in consultation with the department of
corrections, the sentencing guidelines commission, the Washington state
association of counties, the Washington state association of drug court
professionals, the superior court judges' association, the Washington
association of prosecuting attorneys, representatives of the criminal
defense bar, representatives of substance abuse treatment providers,
and any other person deemed by the division to be necessary, shall
establish a fair and reasonable methodology for distribution to
counties of moneys in the criminal justice treatment account. County
or regional plans submitted for the expenditure of formula funds must
be approved by the panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the division from
the account shall be distributed as grants for purposes of treating
offenders against whom charges are filed by a county prosecuting
attorney. The division shall appoint a panel of representatives from
the Washington association of prosecuting attorneys, the Washington
association of sheriffs and police chiefs, the superior court judges'
association, the Washington state association of counties, the
Washington defender's association or the Washington association of
criminal defense lawyers, the department of corrections, the Washington
state association of drug court professionals, substance abuse
treatment providers, and the division. The panel shall review county
or regional plans for funding under (a) of this subsection and grants
approved under this subsection. The panel shall attempt to ensure that
treatment as funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor,
county sheriff, county superior court, a substance abuse treatment
provider appointed by the county legislative authority, a member of the
criminal defense bar appointed by the county legislative authority,
and, in counties with a drug court, a representative of the drug court
shall jointly submit a plan, approved by the county legislative
authority or authorities, to the panel established in subsection (5)(b)
of this section, for disposition of all the funds provided from the
criminal justice treatment account within that county. The funds shall
be used solely to provide approved alcohol and substance abuse
treatment pursuant to RCW 70.96A.090 and treatment support services.
No more than ten percent of the total moneys received under subsections
(4) and (5) of this section by a county or group of counties
participating in a regional agreement shall be spent for treatment
support services.
(7) Counties are encouraged to consider regional agreements and
submit regional plans for the efficient delivery of treatment under
this section.
(8) Moneys allocated under this section shall be used to
supplement, not supplant, other federal, state, and local funds used
for substance abuse treatment.
(9) Counties must meet the criteria established in RCW
2.28.170(3)(b).
Sec. 60 RCW 9.94A.728 and 2002 c 50 s 2 are each amended to read
as follows:
No person serving a sentence imposed pursuant to this chapter and
committed to the custody of the department shall leave the confines of
the correctional facility or be released prior to the expiration of the
sentence except as follows:
(1)(a) Except as otherwise provided for in subsection (2) of this
section, the term of the sentence of an offender committed to a
correctional facility operated by the department may be reduced by
earned release time in accordance with procedures that shall be
developed and promulgated by the correctional agency having
jurisdiction in which the offender is confined. The earned release
time shall be for good behavior and good performance, as determined by
the correctional agency having jurisdiction. The correctional agency
shall not credit the offender with earned release credits in advance of
the offender actually earning the credits. Any program established
pursuant to this section shall allow an offender to earn early release
credits for presentence incarceration. If an offender is transferred
from a county jail to the department, the administrator of a county
jail facility shall certify to the department the amount of time spent
in custody at the facility and the amount of earned release time. An
offender who has been convicted of a felony committed after July 23,
1995, that involves any applicable deadly weapon enhancements under RCW
9.94A.510 (3) or (4), or both, shall not receive any good time credits
or earned release time for that portion of his or her sentence that
results from any deadly weapon enhancements. In the case of an
offender convicted of a serious violent offense, or a sex offense that
is a class A felony, committed on or after July 1, 1990, the aggregate
earned release time may not exceed fifteen percent of the sentence. In
the case of an offender who qualifies under (b) of this subsection, the
aggregate earned release time may not exceed fifty percent of the
sentence. In no other case shall the aggregate earned release time
exceed one-third of the total sentence.
(b) The department shall perform a risk assessment of every
offender committed to a correctional facility operated by the
department for an offense that is not a violent offense, sex offense,
offense under chapter 69.50 or 69.52 RCW, offense sentenced under RCW
9.94A.660, or crime against a person as defined in this chapter, and
classify the offender in one of at least four categories between
highest and lowest risk. If, based on the risk assessment, the
offender is classified in any risk category other than the two highest
categories, the offender qualifies to earn release time up to fifty
percent of the offender's term of confinement.
(c) An offender who receives earned release credit at the rate of
fifty percent on the basis of qualifying under (b) of this subsection
shall be eligible, in accordance with a program developed by the
department, for transfer to community custody status in lieu of earned
release time for a period equal to the difference between release time
earned at the rate of fifty percent and release time that would have
been earned at the rate of one-third under (a) of this subsection;
(2)(a) A person convicted of a sex offense or an offense
categorized as a serious violent offense, assault in the second degree,
vehicular homicide, vehicular assault, assault of a child in the second
degree, any crime against persons where it is determined in accordance
with RCW 9.94A.602 that the offender or an accomplice was armed with a
deadly weapon at the time of commission, or any felony offense under
chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become
eligible, in accordance with a program developed by the department, for
transfer to community custody status in lieu of earned release time
pursuant to subsection (1) of this section;
(b) A person convicted of a sex offense, a violent offense, any
crime against persons under RCW 9.94A.411(2), or a felony offense under
chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may
become eligible, in accordance with a program developed by the
department, for transfer to community custody status in lieu of earned
release time pursuant to subsection (1) of this section;
(c) The department shall, as a part of its program for release to
the community in lieu of earned release, require the offender to
propose a release plan that includes an approved residence and living
arrangement. All offenders with community placement or community
custody terms eligible for release to community custody status in lieu
of earned release shall provide an approved residence and living
arrangement prior to release to the community;
(d) The department may deny transfer to community custody status in
lieu of earned release time pursuant to subsection (1) of this section
if the department determines an offender's release plan, including
proposed residence location and living arrangements, may violate the
conditions of the sentence or conditions of supervision, place the
offender at risk to violate the conditions of the sentence, place the
offender at risk to reoffend, or present a risk to victim safety or
community safety. The department's authority under this section is
independent of any court-ordered condition of sentence or statutory
provision regarding conditions for community custody or community
placement;
(3) An offender may leave a correctional facility pursuant to an
authorized furlough or leave of absence. In addition, offenders may
leave a correctional facility when in the custody of a corrections
officer or officers;
(4)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions exist:
(i) The offender has a medical condition that is serious enough to
require costly care or treatment;
(ii) The offender poses a low risk to the community because he or
she is physically incapacitated due to age or the medical condition;
and
(iii) Granting the extraordinary medical placement will result in
a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without
the possibility of release or parole is not eligible for an
extraordinary medical placement.
(c) The secretary shall require electronic monitoring for all
offenders in extraordinary medical placement unless the electronic
monitoring equipment interferes with the function of the offender's
medical equipment or results in the loss of funding for the offender's
medical care. The secretary shall specify who shall provide the
monitoring services and the terms under which the monitoring shall be
performed.
(d) The secretary may revoke an extraordinary medical placement
under this subsection at any time.
(5) The governor, upon recommendation from the clemency and pardons
board, may grant an extraordinary release for reasons of serious health
problems, senility, advanced age, extraordinary meritorious acts, or
other extraordinary circumstances;
(6) No more than the final six months of the sentence may be served
in partial confinement designed to aid the offender in finding work and
reestablishing himself or herself in the community;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement any
time within ten days before a release date calculated under this
section; and
(9) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been reduced as
provided in RCW 9.94A.870.
Notwithstanding any other provisions of this section, an offender
sentenced for a felony crime listed in RCW 9.94A.540 as subject to a
mandatory minimum sentence of total confinement shall not be released
from total confinement before the completion of the listed mandatory
minimum sentence for that felony crime of conviction unless allowed
under RCW 9.94A.540, however persistent offenders are not eligible for
extraordinary medical placement.
Sec. 61 RCW 9.94A.728 and 2002 c 290 s 21 and 2002 c 50 s 2 are
each reenacted and amended to read as follows:
No person serving a sentence imposed pursuant to this chapter and
committed to the custody of the department shall leave the confines of
the correctional facility or be released prior to the expiration of the
sentence except as follows:
(1)(a) Except as otherwise provided for in subsection (2) of this
section, the term of the sentence of an offender committed to a
correctional facility operated by the department may be reduced by
earned release time in accordance with procedures that shall be
developed and promulgated by the correctional agency having
jurisdiction in which the offender is confined. The earned release
time shall be for good behavior and good performance, as determined by
the correctional agency having jurisdiction. The correctional agency
shall not credit the offender with earned release credits in advance of
the offender actually earning the credits. Any program established
pursuant to this section shall allow an offender to earn early release
credits for presentence incarceration. If an offender is transferred
from a county jail to the department, the administrator of a county
jail facility shall certify to the department the amount of time spent
in custody at the facility and the amount of earned release time. An
offender who has been convicted of a felony committed after July 23,
1995, that involves any applicable deadly weapon enhancements under RCW
9.94A.533 (3) or (4), or both, shall not receive any good time credits
or earned release time for that portion of his or her sentence that
results from any deadly weapon enhancements. In the case of an
offender convicted of a serious violent offense, or a sex offense that
is a class A felony, committed on or after July 1, 1990, the aggregate
earned release time may not exceed fifteen percent of the sentence. In
the case of an offender who qualifies under (b) of this subsection, the
aggregate earned release time may not exceed fifty percent of the
sentence. In no other case shall the aggregate earned release time
exceed one-third of the total sentence.
(b) The department shall perform a risk assessment of every
offender committed to a correctional facility operated by the
department for an offense that is not a violent offense, sex offense,
offense under chapter 69.50 or 69.52 RCW, offense sentenced under RCW
9.94A.660, or crime against a person as defined in this chapter, and
classify the offender in one of at least four categories between
highest and lowest risk. If, based on the risk assessment, the
offender is classified in any risk category other than the two highest
categories, the offender qualifies to earn release time up to fifty
percent of the offender's term of confinement.
(c) An offender who receives earned release credit at the rate of
fifty percent on the basis of qualifying under (b) of this subsection
shall be eligible, in accordance with a program developed by the
department, for transfer to community custody status in lieu of earned
release time for a period equal to the difference between release time
earned at the rate of fifty percent and release time that would have
been earned at the rate of one-third under (a) of this subsection;
(2)(a) A person convicted of a sex offense or an offense
categorized as a serious violent offense, assault in the second degree,
vehicular homicide, vehicular assault, assault of a child in the second
degree, any crime against persons where it is determined in accordance
with RCW 9.94A.602 that the offender or an accomplice was armed with a
deadly weapon at the time of commission, or any felony offense under
chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become
eligible, in accordance with a program developed by the department, for
transfer to community custody status in lieu of earned release time
pursuant to subsection (1) of this section;
(b) A person convicted of a sex offense, a violent offense, any
crime against persons under RCW 9.94A.411(2), or a felony offense under
chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may
become eligible, in accordance with a program developed by the
department, for transfer to community custody status in lieu of earned
release time pursuant to subsection (1) of this section;
(c) The department shall, as a part of its program for release to
the community in lieu of earned release, require the offender to
propose a release plan that includes an approved residence and living
arrangement. All offenders with community placement or community
custody terms eligible for release to community custody status in lieu
of earned release shall provide an approved residence and living
arrangement prior to release to the community;
(d) The department may deny transfer to community custody status in
lieu of earned release time pursuant to subsection (1) of this section
if the department determines an offender's release plan, including
proposed residence location and living arrangements, may violate the
conditions of the sentence or conditions of supervision, place the
offender at risk to violate the conditions of the sentence, place the
offender at risk to reoffend, or present a risk to victim safety or
community safety. The department's authority under this section is
independent of any court-ordered condition of sentence or statutory
provision regarding conditions for community custody or community
placement;
(3) An offender may leave a correctional facility pursuant to an
authorized furlough or leave of absence. In addition, offenders may
leave a correctional facility when in the custody of a corrections
officer or officers;
(4)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions exist:
(i) The offender has a medical condition that is serious enough to
require costly care or treatment;
(ii) The offender poses a low risk to the community because he or
she is physically incapacitated due to age or the medical condition;
and
(iii) Granting the extraordinary medical placement will result in
a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without
the possibility of release or parole is not eligible for an
extraordinary medical placement.
(c) The secretary shall require electronic monitoring for all
offenders in extraordinary medical placement unless the electronic
monitoring equipment interferes with the function of the offender's
medical equipment or results in the loss of funding for the offender's
medical care. The secretary shall specify who shall provide the
monitoring services and the terms under which the monitoring shall be
performed.
(d) The secretary may revoke an extraordinary medical placement
under this subsection at any time.
(5) The governor, upon recommendation from the clemency and pardons
board, may grant an extraordinary release for reasons of serious health
problems, senility, advanced age, extraordinary meritorious acts, or
other extraordinary circumstances;
(6) No more than the final six months of the sentence may be served
in partial confinement designed to aid the offender in finding work and
reestablishing himself or herself in the community;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement any
time within ten days before a release date calculated under this
section; and
(9) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been reduced as
provided in RCW 9.94A.870.
Notwithstanding any other provisions of this section, an offender
sentenced for a felony crime listed in RCW 9.94A.540 as subject to a
mandatory minimum sentence of total confinement shall not be released
from total confinement before the completion of the listed mandatory
minimum sentence for that felony crime of conviction unless allowed
under RCW 9.94A.540, however persistent offenders are not eligible for
extraordinary medical placement.
NEW SECTION. Sec. 62 The amendments made in section 60 of this
act apply retroactively to offenders serving terms of total confinement
as of the effective date of section 60 of this act. The amendments
made in section 61 of this act apply retroactively to offenders serving
terms of total confinement as of the effective date of section 61 of
this act. The department of corrections shall recalculate earned
release time, reschedule expected release dates, and transfer offenders
to community custody in lieu of earned release as if the amendments had
been in effect at the time of sentencing.
Sec. 63 RCW 9.94A.500 and 2000 c 75 s 8 are each amended to read
as follows:
(1) Before imposing a sentence upon a defendant, the court shall
conduct a sentencing hearing. The sentencing hearing shall be held
within forty court days following conviction. Upon the motion of
either party for good cause shown, or on its own motion, the court may
extend the time period for conducting the sentencing hearing.
((Except)) In cases where the ((defendant shall be sentenced to a
term of total confinement for life without the possibility of release
or, when authorized by RCW 10.95.030 for the crime of aggravated murder
in the first degree, sentenced to death)) standard sentence range under
RCW 9.94A.510 does not exceed one year, or the standard range under RCW
9.94A.517 does not exceed eighteen months, the court may order the
department to complete a risk assessment report((. If available before
sentencing, the report shall be provided)) and provide it to the court
before sentencing. The department's risk assessment shall classify the
offender in one of at least four risk categories, from highest to
lowest.
Unless specifically waived by the court, the court shall order the
department to complete a chemical dependency screening report before
imposing a sentence upon a defendant who has been convicted of a
violation of the uniform controlled substances act under chapter 69.50
RCW or a criminal solicitation to commit such a violation under chapter
9A.28 RCW where the court finds that the offender has a chemical
dependency that has contributed to his or her offense. In addition,
the court shall, at the time of plea or conviction, order the
department to complete a ((presentence)) risk assessment report before
imposing a sentence upon a defendant who has been convicted of a felony
sexual offense. The department of corrections shall give priority to
((presentence investigations)) risk assessments for sexual offenders.
If the court determines that the defendant may be a mentally ill person
as defined in RCW 71.24.025, although the defendant has not established
that at the time of the crime he or she lacked the capacity to commit
the crime, was incompetent to commit the crime, or was insane at the
time of the crime, the court shall order the department to complete a
((presentence)) risk assessment report before imposing a sentence.
The court shall consider the risk assessment report ((and
presentence reports)), if any, including any victim impact statement
and criminal history, and allow arguments from the prosecutor, the
defense counsel, the offender, the victim, the survivor of the victim,
or a representative of the victim or survivor, and an investigative law
enforcement officer as to the sentence to be imposed.
If the court is satisfied by a preponderance of the evidence that
the defendant has a criminal history, the court shall specify the
convictions it has found to exist. All of this information shall be
part of the record. Copies of all risk assessment reports ((and
presentence reports)) presented to the sentencing court and all written
findings of facts and conclusions of law as to sentencing entered by
the court shall be sent to the department by the clerk of the court at
the conclusion of the sentencing and shall accompany the offender if
the offender is committed to the custody of the department. Court
clerks shall provide, without charge, certified copies of documents
relating to criminal convictions, including reports from law
enforcement agencies, requested by prosecuting attorneys or the
department.
(2) To prevent wrongful disclosure of information related to mental
health services, as defined in RCW 71.05.445 and 71.34.225, a court may
take only those steps necessary during a sentencing hearing or any
hearing in which the department presents information related to mental
health services to the court. The steps may be taken on motion of the
defendant, the prosecuting attorney, or on the court's own motion. The
court may seal the portion of the record relating to information
relating to mental health services, exclude the public from the hearing
during presentation or discussion of information relating to mental
health services, or grant other relief to achieve the result intended
by this subsection, but nothing in this subsection shall be construed
to prevent the subsequent release of information related to mental
health services as authorized by RCW 71.05.445, 71.34.225, or
72.09.585. Any person who otherwise is permitted to attend any hearing
pursuant to chapter 7.69 or 7.69A RCW shall not be excluded from the
hearing solely because the department intends to disclose or discloses
information related to mental health services.
(3) Subsection (1) of this section shall not apply to resentencings
conducted under section 58 of this act.
Sec. 64 RCW 9.94A.545 and 2000 c 28 s 13 are each amended to read
as follows:
On all sentences of confinement for one year or less, if the
department's risk assessment classifies the offender in either of the
two highest risk categories, the court may impose up to one year of
community custody, subject to conditions and sanctions as authorized in
RCW 9.94A.715 and 9.94A.720. An offender shall be on community custody
as of the date of sentencing. However, during the time for which the
offender is in total or partial confinement pursuant to the sentence or
a violation of the sentence, the period of community custody shall
toll.
Sec. 65 RCW 9.94A.690 and 2000 c 28 s 21 are each amended to read
as follows:
(1)(a) An offender is eligible to be sentenced to a work ethic camp
if the offender:
(i) Is sentenced to a term of total confinement of not less than
twelve months and one day or more than thirty-six months;
(ii) Has no current or prior convictions for any sex offenses or
for violent offenses; and
(iii) Is not currently subject to a sentence for, or being
prosecuted for, a violation of the uniform controlled substances act or
a criminal solicitation to commit such a violation under chapter 9A.28
or 69.50 RCW.
(b) The length of the work ethic camp shall be at least one hundred
twenty days and not more than one hundred eighty days.
(2) If the sentencing court determines that the offender is
eligible for the work ethic camp and is likely to qualify under
subsection (3) of this section, the judge shall impose a sentence
within the standard sentence range and may recommend that the offender
serve the sentence at a work ethic camp. In sentencing an offender to
the work ethic camp, the court shall specify: (a) That upon completion
of the work ethic camp the offender shall be released ((on)) and the
department may impose community custody for any remaining time of total
confinement; (b) the applicable conditions of supervision on community
custody status, if imposed by the department, as required by RCW
9.94A.700(4) and authorized by RCW 9.94A.700(5); and (c) that violation
of the conditions may result in a return to total confinement for the
balance of the offender's remaining time of confinement.
(3) The department shall place the offender in the work ethic camp
program, subject to capacity, unless: (a) The department determines
that the offender has physical or mental impairments that would prevent
participation and completion of the program; (b) the department
determines that the offender's custody level prevents placement in the
program; (c) the offender refuses to agree to the terms and conditions
of the program; (d) the offender has been found by the United States
attorney general to be subject to a deportation detainer or order; or
(e) the offender has participated in the work ethic camp program in the
past.
(4) An offender who fails to complete the work ethic camp program,
who is administratively terminated from the program, or who otherwise
violates any conditions of supervision, as defined by the department,
shall be reclassified to serve the unexpired term of his or her
sentence as ordered by the sentencing court and shall be subject to all
rules relating to earned release time.
(5) During the last two weeks prior to release from the work ethic
camp program the department shall provide the offender with
comprehensive transition training.
Sec. 66 RCW 9.94A.700 and 2002 c 175 s 13 are each amended to
read as follows:
When a court sentences an offender to a term of total confinement
in the custody of the department for any of the offenses specified in
this section, the court shall also ((sentence)) authorize the
department to impose on the offender ((to)) a term of community
placement as provided in this section.
(1) The court shall ((order)) authorize a one-year term of
community placement for the following:
(a) A sex offense or a serious violent offense committed after July
1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but before July
25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in accordance
with RCW 9.94A.602 that the offender or an accomplice was armed with a
deadly weapon at the time of commission; or
(iv) A felony offense under chapter 69.50 or 69.52 RCW not
sentenced under RCW 9.94A.660.
(2) The court shall ((sentence the offender to)) authorize a term
of community placement of two years or up to the period of earned
release awarded pursuant to RCW 9.94A.728, whichever is longer, for:
(a) An offense categorized as a sex offense committed on or after
July 1, 1990, but before June 6, 1996, including those sex offenses
also included in other offense categories;
(b) A serious violent offense other than a sex offense committed on
or after July 1, 1990, but before July 1, 2000; or
(c) A vehicular homicide or vehicular assault committed on or after
July 1, 1990, but before July 1, 2000.
(3) The community placement ((ordered)) authorized under this
section shall begin either upon completion of the term of confinement
or at such time as the offender is transferred to community custody in
lieu of earned release. When the court sentences an offender to the
statutory maximum sentence then the community placement portion of the
sentence shall consist entirely of the community custody to which the
offender may become eligible. Any period of community custody actually
served shall be credited against the community placement portion of the
sentence.
(4) Unless a condition is waived by the court, the terms of any
community placement authorized and imposed under this section shall
include the following conditions:
(a) The offender shall report to and be available for contact with
the assigned community corrections officer as directed;
(b) The offender shall work at department-approved education,
employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled substances
except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the
department; and
(e) The residence location and living arrangements shall be subject
to the prior approval of the department during the period of community
placement.
(5) As a part of any terms of community placement authorized and
imposed under this section, the court may also order one or more of the
following special conditions, to apply if the department imposes
community placement:
(a) The offender shall remain within, or outside of, a specified
geographical boundary;
(b) The offender shall not have direct or indirect contact with the
victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or
counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related prohibitions.
(6) An offender convicted of a felony sex offense against a minor
victim after June 6, 1996, shall comply with any terms and conditions
of community placement imposed by the department relating to contact
between the sex offender and a minor victim or a child of similar age
or circumstance as a previous victim.
(7) Prior to or during community placement, upon recommendation of
the department, the sentencing court may remove or modify any
conditions of community placement so as not to be more restrictive.
Sec. 67 RCW 9.94A.705 and 2000 c 28 s 23 are each amended to read
as follows:
Except for persons sentenced under RCW 9.94A.700(2) or 9.94A.710,
when a court sentences a person to a term of total confinement to the
custody of the department for a violent offense, any crime against
persons under RCW 9.94A.411(2), or any felony offense under chapter
69.50 or 69.52 RCW not sentenced under RCW 9.94A.660, committed on or
after July 25, 1999, but before July 1, 2000, the court shall in
addition to the other terms of the sentence, ((sentence)) authorize the
department to impose upon the offender ((to)) a one-year term of
community placement beginning either upon completion of the term of
confinement or at such time as the offender is transferred to community
custody in lieu of earned release in accordance with RCW 9.94A.728 (1)
and (2). When the court sentences the offender under this section to
the statutory maximum period of confinement, then the community
placement portion ((of)) authorized in the sentence shall consist
entirely of such community custody to which the offender may become
eligible, in accordance with RCW 9.94A.728 (1) and (2). Any period of
community custody actually served shall be credited against the
community placement portion ((of)) authorized in the sentence.
Sec. 68 RCW 9.94A.710 and 2000 c 28 s 24 are each amended to read
as follows:
(1) When a court sentences a person to the custody of the
department for an offense categorized as a sex offense, including those
sex offenses also included in other offense categories, committed on or
after June 6, 1996, and before July 1, 2000, the court shall, in
addition to other terms of the sentence, ((sentence)) authorize the
department to impose upon the offender ((to)) community custody for
three years or up to the period of earned release awarded pursuant to
RCW 9.94A.728, whichever is longer. The community custody, if imposed
by the department, shall begin either upon completion of the term of
confinement or at such time as the offender is transferred to community
custody in lieu of earned release.
(2) Unless a condition is waived by the court, the terms of
community custody ((imposed)) authorized under this section shall be
the same as those provided for in RCW 9.94A.700(4) and may include
those provided for in RCW 9.94A.700(5). As part of any sentence that
((includes)) authorizes a term of community custody to be imposed under
this section, the court shall also require the offender to comply with
any conditions imposed by the department under RCW 9.94A.720.
(3) At any time prior to the completion of a sex offender's term of
community custody imposed by the department, if the court finds that
public safety would be enhanced, the court may impose and enforce an
order extending any or all of the conditions imposed pursuant to this
section for a period up to the maximum allowable sentence for the crime
as it is classified in chapter 9A.20 RCW, regardless of the expiration
of the offender's term of community custody. If a violation of a
condition extended under this subsection occurs after the expiration of
the offender's term of community custody, it shall be deemed a
violation of the sentence for the purposes of RCW 9.94A.631 and may be
punishable as contempt of court as provided for in RCW 7.21.040.
Sec. 69 RCW 9.94A.715 and 2001 2nd sp.s. c 12 s 302 are each
amended to read as follows:
(1) When a court sentences a person to the custody of the
department for a sex offense not sentenced under RCW 9.94A.712, a
violent offense, any crime against persons under RCW 9.94A.411(2), or
a felony offense under chapter 69.50 or 69.52 RCW, committed on or
after July 1, 2000, the court shall in addition to the other terms of
the sentence, ((sentence the offender to)) authorize the department to
impose a term of community custody for a term set by the court within
the community custody range established under ((RCW 9.94A.850)) this
section or up to the period of earned release awarded pursuant to RCW
9.94A.728 (1) and (2), whichever is longer. If imposed by the
department, the community custody shall begin: (a) Upon completion of
the term of confinement; (b) at such time as the offender is
transferred to community custody in lieu of earned release in
accordance with RCW 9.94A.728 (1) and (2); or (c) with regard to
offenders sentenced under RCW 9.94A.660, upon failure to complete or
administrative termination from the special drug offender sentencing
alternative program.
(2)(a) Unless a condition is waived by the court, the conditions of
community custody authorized under this section shall include those
provided for in RCW 9.94A.700(4). The conditions may also include
those provided for in RCW 9.94A.700(5). The court may also order the
offender, if the department imposes community custody as authorized, to
participate in rehabilitative programs or otherwise perform affirmative
conduct reasonably related to the circumstances of the offense, the
offender's risk of reoffending, or the safety of the community, and the
department shall enforce such conditions pursuant to subsection (6) of
this section.
(b) As part of any sentence that includes a term of community
custody authorized and imposed under this subsection, the court shall
also require the offender to comply with any conditions imposed by the
department under RCW 9.94A.720. The department shall assess the
offender's risk of reoffense and may establish and modify additional
conditions of the offender's community custody based upon the risk to
community safety. In addition, the department may require the offender
to participate in rehabilitative programs, or otherwise perform
affirmative conduct, and to obey all laws.
(c) If the department imposes community custody as authorized by
the sentence, the department may not impose conditions that are
contrary to those ordered by the court and may not contravene or
decrease court imposed conditions. The department shall notify the
offender in writing of any such conditions or modifications. In
imposing a term of community custody, or setting, modifying, and
enforcing conditions of community custody, the department shall be
deemed to be performing a quasi-judicial function.
(3) If an offender violates conditions imposed by the court or the
department pursuant to this section during community custody imposed by
the department, the department may transfer the offender to a more
restrictive confinement status and impose other available sanctions as
provided in RCW 9.94A.737 and 9.94A.740.
(4) Except for terms of community custody under RCW 9.94A.670, the
department shall discharge the offender from community custody on a
date determined by the department, which the department may modify,
based on risk and performance of the offender, within the range or at
the end of the period of earned release, whichever is later.
(5) At any time prior to the completion or termination of a sex
offender's term of community custody imposed by the department, if the
court finds that public safety would be enhanced, the court may impose
and enforce an order extending any or all of the conditions imposed
pursuant to this section for a period up to the maximum allowable
sentence for the crime as it is classified in chapter 9A.20 RCW,
regardless of the expiration of the offender's term of community
custody. If a violation of a condition extended under this subsection
occurs after the expiration of the offender's term of community
custody, it shall be deemed a violation of the sentence for the
purposes of RCW 9.94A.631 and may be punishable as contempt of court as
provided for in RCW 7.21.040. If the court extends a condition beyond
the expiration of the term of community custody imposed by the
department, the department is not responsible for supervision of the
offender's compliance with the condition.
(6) Within the funds available for community custody, the
department shall determine conditions and duration of community custody
on the basis of risk to community safety, and shall supervise offenders
during community custody on the basis of risk to community safety and
conditions imposed by the court. The secretary shall adopt rules to
implement the provisions of this subsection.
(7) By the close of the next business day after receiving notice of
a condition imposed or modified by the department, an offender may
request an administrative review under rules adopted by the department.
The condition shall remain in effect unless the reviewing officer finds
that it is not reasonably related to any of the following: (a) The
crime of conviction; (b) the offender's risk of reoffending; or (c) the
safety of the community.
(8) The ranges within which the court shall authorize the
department to impose a term of community custody under this section
are:
| Offense Type | Community Custody Range |
| Sex offenses (as defined in RCW 9.94A.030, and not sentenced under RCW 9.94A.670) | 36 to 48 months |
| Serious violent offenses (as defined in RCW 9.94A.030) | 24 to 48 months |
| Violent offenses (as defined in RCW 9.94A.030) | 18 to 36 months |
| Crimes against persons (as defined in RCW 9.94A.411) | 9 to 18 months |
| Offenses under chapter 69.50 or 69.52 RCW (not sentenced under RCW 9.94A.660) | 9 to 12 months |
Sec. 70 RCW 9.94A.720 and 2002 c 175 s 14 are each amended to
read as follows:
(1)(a) All offenders ((sentenced to terms involving)) on whom the
department has imposed community supervision, ((community
restitution,)) community placement, or community custody, ((or legal
financial obligation)) as authorized by their sentences, shall be under
the supervision of the department and shall follow explicitly the
instructions and conditions of the department while on community
supervision, community restitution, community placement, or community
custody. The department may require an offender to perform affirmative
acts it deems appropriate to monitor compliance with the conditions of
the sentence imposed.
(b) The instructions shall include, at a minimum, reporting as
directed to a community corrections officer, remaining within
prescribed geographical boundaries, notifying the community corrections
officer of any change in the offender's address or employment, and
paying the supervision fee assessment.
(c) For offenders ((sentenced to terms involving)) on whom the
department has imposed community custody, as authorized by their
sentences, for crimes committed on or after June 6, 1996, the
department may include, in addition to the instructions in (b) of this
subsection, any appropriate conditions of supervision, including but
not limited to, prohibiting the offender from having contact with any
other specified individuals or specific class of individuals.
(d) For offenders ((sentenced to terms of)) on whom the department
has imposed community custody, as authorized by their sentences, for
crimes committed on or after July 1, 2000, the department may impose
conditions as specified in RCW 9.94A.715.
The conditions authorized under (c) of this subsection may be
imposed by the department prior to or during an offender's community
custody term. If a violation of conditions imposed by the court or the
department pursuant to RCW 9.94A.710 occurs during community custody,
it shall be deemed a violation of community placement for the purposes
of RCW 9.94A.740 and shall authorize the department to transfer an
offender to a more restrictive confinement status as provided in RCW
9.94A.737. At any time prior to the completion of an offender's term
of community custody, the department may recommend to the court that
any or all of the conditions imposed by the court or the department
pursuant to RCW 9.94A.710 or 9.94A.715 be continued beyond the
expiration of the offender's term of community custody as authorized in
RCW 9.94A.715 (3) or (5).
The department may require offenders to pay for special services
rendered on or after July 25, 1993, including electronic monitoring,
day reporting, and telephone reporting, dependent upon the offender's
ability to pay. The department may pay for these services for
offenders who are not able to pay.
(2) No offender ((sentenced to terms involving)) on whom the
department has imposed community supervision, community restitution,
community custody, or community placement under the supervision of the
department, as authorized by their sentences, may own, use, or possess
firearms or ammunition. Offenders who own, use, or are found to be in
actual or constructive possession of firearms or ammunition shall be
subject to the violation process and sanctions under RCW 9.94A.634,
9.94A.737, and 9.94A.740. "Constructive possession" as used in this
subsection means the power and intent to control the firearm or
ammunition. "Firearm" as used in this subsection has the same
definition as in RCW 9.41.010.
Sec. 71 RCW 9.94A.780 and 1991 c 104 s 1 are each amended to read
as follows:
(1) Whenever a punishment authorized and imposed under this chapter
requires supervision services to be provided, the offender shall pay to
the department of corrections the monthly assessment, prescribed under
subsection (2) of this section, which shall be for the duration of the
terms of supervision and which shall be considered as payment or part
payment of the cost of providing supervision to the offender. The
department may exempt or defer a person from the payment of all or any
part of the assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been unable to
obtain employment that provides the offender sufficient income to make
such payments.
(b) The offender is a student in a school, college, university, or
a course of vocational or technical training designed to fit the
student for gainful employment.
(c) The offender has an employment handicap, as determined by an
examination acceptable to or ordered by the department.
(d) The offender's age prevents him from obtaining employment.
(e) The offender is responsible for the support of dependents and
the payment of the assessment constitutes an undue hardship on the
offender.
(f) Other extenuating circumstances as determined by the
department.
(2) The department of corrections shall adopt a rule prescribing
the amount of the assessment. The department may, if it finds it
appropriate, prescribe a schedule of assessments that shall vary in
accordance with the intensity or cost of the supervision. The
department may not prescribe any assessment that is less than ten
dollars nor more than fifty dollars.
(3) All amounts required to be paid under this section shall be
collected by the department of corrections and deposited by the
department in the dedicated fund established pursuant to RCW 72.11.040.
(4) This section shall not apply to probation services provided
under an interstate compact pursuant to chapter 9.95 RCW or to
probation services provided for persons placed on probation prior to
June 10, 1982.
Sec. 72 RCW 9.92.060 and 1996 c 298 s 5 are each amended to read
as follows:
(1) Whenever any person is convicted of any crime except murder,
burglary in the first degree, arson in the first degree, robbery, rape
of a child, or rape, the superior court may, in its discretion, at the
time of imposing sentence upon such person, direct that such sentence
be stayed and suspended until otherwise ordered by the superior court,
and ((that the sentenced person be placed under the charge of a
community corrections officer employed by)) authorize the department of
corrections to supervise the person under this section, or, if the
county elects to assume responsibility for the supervision of ((all))
superior court misdemeanant probationers, authorize the appropriate
county agency to direct that the person be placed under the charge of
a probation officer employed or contracted for by the county, upon such
terms as the superior court may determine.
(2) As a condition to suspension of sentence, the superior court
shall require the payment of the penalty assessment required by RCW
7.68.035. In addition, the superior court may require the convicted
person to make such monetary payments, on such terms as the superior
court deems appropriate under the circumstances, as are necessary: (a)
To comply with any order of the court for the payment of family
support; (b) to make restitution to any person or persons who may have
suffered loss or damage by reason of the commission of the crime in
question or when the offender pleads guilty to a lesser offense or
fewer offenses and agrees with the prosecutor's recommendation that the
offender be required to pay restitution to a victim of an offense or
offenses which are not prosecuted pursuant to a plea agreement; (c) to
pay any fine imposed and not suspended and the court or other costs
incurred in the prosecution of the case, including reimbursement of the
state for costs of extradition if return to this state by extradition
was required; and (d) to contribute to a county or interlocal drug
fund.
(3) As a condition of the suspended sentence, if the department of
corrections or the county probation agency imposes supervision as
authorized, the superior court may order the probationer to report to
the secretary of corrections or such officer as the secretary may
designate and as a condition of the probation to follow the
instructions of the secretary. If the county legislative authority has
elected to assume responsibility for the supervision of superior court
misdemeanant probationers within its jurisdiction, the superior court
misdemeanant probationer shall report to a probation officer employed
or contracted for by the county. In cases where a superior court
misdemeanant probationer is sentenced in one county, but resides within
another county, there must be provisions for the probationer to report
to the agency having supervision responsibility for the probationer's
county of residence.
(4) If restitution to the victim has been ordered under subsection
(2)(b) of this section ((and)) the superior court has ((ordered))
authorized supervision, and the department of corrections or county
probation agency has imposed supervision as authorized, the officer
supervising the probationer shall make a reasonable effort to ascertain
whether restitution has been made as ordered. If the superior court
has ((ordered)) authorized supervision, the department or county agency
has imposed supervision, and restitution has not been made, the officer
shall inform the prosecutor of that violation of the terms of the
suspended sentence not less than three months prior to the termination
of the suspended sentence.
Sec. 73 RCW 9.95.204 and 1996 c 298 s 1 are each amended to read
as follows:
(1) When a superior court places a defendant convicted of a
misdemeanor or gross misdemeanor on probation and ((orders)) authorizes
the department of corrections or county probation agency to impose
supervision under RCW 9.92.060 or 9.95.210, and the department of
corrections or county agency imposes supervision, the department or
county agency has initial responsibility for supervision of that
defendant.
(2) A county legislative authority may assume responsibility for
the supervision of ((all)) any defendants within its jurisdiction who
have been convicted of a misdemeanor or gross misdemeanor and sentenced
to probation by a superior court. The assumption of responsibility
shall be made by contract with the department of corrections on a
biennial basis.
(3) If a county assumes supervision responsibility, the county
((shall)) may supervise any or all superior court misdemeanant
probationers within that county for the duration of the biennium, as
set forth in the contract with the department of corrections.
(4) A contract between a county legislative authority and the
department of corrections for the transfer of supervision
responsibility must include, at a minimum, the following provisions:
(a) The county's agreement to supervise any or all misdemeanant
probationers who are sentenced by a superior court within that county
and who reside within that county;
(b) A reciprocal agreement regarding the supervision of superior
court misdemeanant probationers sentenced in one county but who reside
in another county;
(c) The county's agreement to comply with the minimum standards for
classification and supervision of offenders as required under RCW
9.95.206;
(d) The amount of funds available from the department of
corrections to the county for supervision of superior court
misdemeanant probationers, calculated according to a formula
established by the department of corrections;
(e) A method for the payment of funds by the department of
corrections to the county;
(f) The county's agreement that any funds received by the county
under the contract will be expended only to cover costs of supervision
of superior court misdemeanant probationers;
(g) The county's agreement to account to the department of
corrections for the expenditure of all funds received under the
contract and to submit to audits for compliance with the supervision
standards and financial requirements of this section;
(h) Provisions regarding rights and remedies in the event of a
possible breach of contract or default by either party; and
(i) Provisions allowing for voluntary termination of the contract
by either party, with good cause, after sixty days' written notice.
(5) If the contract between the county and the department of
corrections is terminated for any reason, the department of corrections
((shall)) may reassume responsibility for supervision of superior court
misdemeanant probationers within that county on a case-by-case basis.
In such an event, the department of corrections retains any and all
rights and remedies available by law and under the contract.
(6) The state of Washington, the department of corrections and its
employees, community corrections officers, and volunteers who assist
community corrections officers are not liable for any harm caused by
the actions of a superior court misdemeanant probationer who is under
the supervision of a county. A county, its probation department and
employees, probation officers, and volunteers who assist probation
officers are not liable for any harm caused by the actions of a
superior court misdemeanant probationer who is under the supervision of
the department of corrections. This subsection applies regardless of
whether the supervising entity is in compliance with the standards of
supervision at the time of the misdemeanant probationer's actions.
(7) The state of Washington, the department of corrections and its
employees, community corrections officers, any county under contract
with the department of corrections pursuant to this section and its
employees, probation officers, and volunteers who assist community
corrections officers and probation officers in the superior court
misdemeanant probation program are not liable for civil damages
resulting from any act or omission in the rendering of superior court
misdemeanant probation activities unless the act or omission
constitutes gross negligence. For purposes of this section,
"volunteers" is defined according to RCW 51.12.035.
Sec. 74 RCW 9.95.210 and 1996 c 298 s 3 are each amended to read
as follows:
(1) In granting probation, the superior court may suspend the
imposition or the execution of the sentence and may direct that the
suspension may continue upon such conditions and for such time as it
shall designate, not exceeding the maximum term of sentence or two
years, whichever is longer.
(2) In the order granting probation and as a condition thereof, the
superior court may in its discretion imprison the defendant in the
county jail for a period not exceeding one year and may fine the
defendant any sum not exceeding the statutory limit for the offense
committed, and court costs. As a condition of probation, the superior
court shall require the payment of the penalty assessment required by
RCW 7.68.035. The superior court may also require the defendant to
make such monetary payments, on such terms as it deems appropriate
under the circumstances, as are necessary: (a) To comply with any
order of the court for the payment of family support; (b) to make
restitution to any person or persons who may have suffered loss or
damage by reason of the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses and agrees
with the prosecutor's recommendation that the offender be required to
pay restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement; (c) to pay such fine as may be
imposed and court costs, including reimbursement of the state for costs
of extradition if return to this state by extradition was required; (d)
following consideration of the financial condition of the person
subject to possible electronic monitoring, to pay for the costs of
electronic monitoring if that monitoring was required by the court as
a condition of release from custody or as a condition of probation; (e)
to contribute to a county or interlocal drug fund; and (f) to make
restitution to a public agency for the costs of an emergency response
under RCW 38.52.430, and may require bonds for the faithful observance
of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where
the victim is entitled to benefits under the crime victims'
compensation act, chapter 7.68 RCW. If the superior court does not
order restitution and the victim of the crime has been determined to be
entitled to benefits under the crime victims' compensation act, the
department of labor and industries, as administrator of the crime
victims' compensation program, may petition the superior court within
one year of imposition of the sentence for entry of a restitution
order. Upon receipt of a petition from the department of labor and
industries, the superior court shall hold a restitution hearing and
shall enter a restitution order.
(4) In granting probation, the superior court may ((order))
authorize the secretary of corrections to require the probationer to
report to the secretary ((of corrections)) or such officer as the
secretary may designate and as a condition of the probation to follow
the instructions of the secretary. If the county legislative authority
has elected to assume responsibility for the supervision of superior
court misdemeanant probationers within its jurisdiction, the superior
court misdemeanant probationer shall report to a probation officer
employed or contracted for by the county. In cases where a superior
court misdemeanant probationer is sentenced in one county, but resides
within another county, there must be provisions for the probationer to
report to the agency having supervision responsibility for the
probationer's county of residence.
(5) If the probationer has been ordered to make restitution
((and)), the superior court has ((ordered)) authorized supervision, and
the department of corrections has imposed supervision, the officer
supervising the probationer shall make a reasonable effort to ascertain
whether restitution has been made. If the superior court has ordered
supervision and restitution has not been made as ordered, the officer
shall inform the prosecutor of that violation of the terms of probation
not less than three months prior to the termination of the probation
period. The secretary of corrections will promulgate rules and
regulations for the conduct of ((the)) persons supervised by the
department during the term of probation. For defendants found guilty
in district court, like functions as the secretary performs in regard
to probation may be performed by probation officers employed for that
purpose by the county legislative authority of the county wherein the
court is located.
NEW SECTION. Sec. 75 (1) Sections 64 through 74 of this act
apply retroactively to offenders sentenced before, on, or after the
effective date of this section, except where retroactive application
would result in increased punishment in violation of Article I, section
23 of the state Constitution.
(2) The amendments to sections 64 through 74 of this act operate to
deprive the department of corrections of jurisdiction to supervise
offenders on community custody, community placement, or community
supervision under sentences imposed before the effective date of this
section, unless on the effective date of this section the department
has, based on a risk assessment, classified the offender in either of
the two highest risk categories, or the offender is being supervised
under RCW 9.94A.660, 9.94A.670, 9.94A.712, or 9.94A.728(1)(c). The
department shall promptly terminate the community custody, community
placement, or community supervision status of all other offenders in
such status on the effective date of this section. The termination of
supervision shall not affect the legal financial obligations imposed
under the offenders' sentences or the department's duties under RCW
9.94A.760.
Sec. 76 RCW 9.94A.750 and 2000 c 28 s 32 are each amended to read
as follows:
This section applies to offenses committed on or before July 1,
1985.
(1) If restitution is ordered, the court shall determine the amount
of restitution due at the sentencing hearing or within one hundred
eighty days. The court may continue the hearing beyond the one hundred
eighty days for good cause. The court shall then set a minimum monthly
payment that the offender is required to make towards the restitution
that is ordered. The court should take into consideration the total
amount of the restitution owed, the offender's present, past, and
future ability to pay, as well as any assets that the offender may
have.
(2) During the period of supervision, the community corrections
officer may examine the offender to determine if there has been a
change in circumstances that warrants an amendment of the monthly
payment schedule. The community corrections officer may recommend a
change to the schedule of payment and shall inform the court of the
recommended change and the reasons for the change. The sentencing
court may then reset the monthly minimum payments based on the report
from the community corrections officer of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall
be based on easily ascertainable damages for injury to or loss of
property, actual expenses incurred for treatment for injury to persons,
and lost wages resulting from injury. Restitution shall not include
reimbursement for damages for mental anguish, pain and suffering, or
other intangible losses, but may include the costs of counseling
reasonably related to the offense. The amount of restitution shall not
exceed double the amount of the offender's gain or the victim's loss
from the commission of the offense.
(4) For the purposes of this section, the offender shall remain
under the court's jurisdiction for a term of ten years following the
offender's release from total confinement or ten years subsequent to
the entry of the judgment and sentence, whichever period is longer.
Prior to the expiration of the initial ten-year period, the superior
court may extend jurisdiction under the criminal judgment an additional
ten years for payment of restitution. ((If jurisdiction under the
criminal judgment is extended, the department is not responsible for
supervision of the offender during the subsequent period.)) The
portion of the sentence concerning restitution may be modified as to
amount, terms and conditions during either the initial ten-year period
or subsequent ten-year period if the criminal judgment is extended,
regardless of the expiration of the offender's term of community
supervision and regardless of the statutory maximum sentence for the
crime. The court may not reduce the total amount of restitution
ordered because the offender may lack the ability to pay the total
amount. The offender's compliance with the restitution shall be
supervised by the department during any term of community placement,
community custody, or community supervision authorized by the court and
imposed by the department. The department is not responsible for
supervision of the offender during any subsequent period of time the
offender remains under the court's jurisdiction.
(5) Restitution may be ordered whenever the offender is convicted
of an offense which results in injury to any person or damage to or
loss of property or as provided in subsection (6) of this section. In
addition, restitution may be ordered to pay for an injury, loss, or
damage if the offender pleads guilty to a lesser offense or fewer
offenses and agrees with the prosecutor's recommendation that the
offender be required to pay restitution to a victim of an offense or
offenses which are not prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first,
second, or third degree, in which the victim becomes pregnant, shall
include: (a) All of the victim's medical expenses that are associated
with the rape and resulting pregnancy; and (b) child support for any
child born as a result of the rape if child support is ordered pursuant
to a proceeding in superior court or administrative order for support
for that child. The clerk must forward any restitution payments made
on behalf of the victim's child to the Washington state child support
registry under chapter 26.23 RCW. Identifying information about the
victim and child shall not be included in the order. The offender
shall receive a credit against any obligation owing under the
administrative or superior court order for support of the victim's
child. For the purposes of this subsection, the offender shall remain
under the court's jurisdiction until the offender has satisfied support
obligations under the superior court or administrative order but not
longer than a maximum term of twenty-five years following the
offender's release from total confinement or twenty-five years
subsequent to the entry of the judgment and sentence, whichever period
is longer. The court may not reduce the total amount of restitution
ordered because the offender may lack the ability to pay the total
amount. The department shall supervise the offender's compliance with
the restitution ordered under this subsection during any term of
community placement, community custody, or community supervision
authorized by the court and imposed by the department. The department
is not responsible for supervision of the offender during any
subsequent period of time the offender remains under the court's
jurisdiction.
(7) In addition to any sentence that may be imposed, an offender
who has been found guilty of an offense involving fraud or other
deceptive practice or an organization which has been found guilty of
any such offense may be ordered by the sentencing court to give notice
of the conviction to the class of persons or to the sector of the
public affected by the conviction or financially interested in the
subject matter of the offense by mail, by advertising in designated
areas or through designated media, or by other appropriate means.
(8) This section does not limit civil remedies or defenses
available to the victim or offender including support enforcement
remedies for support ordered under subsection (6) of this section for
a child born as a result of a rape of a child victim. The court shall
identify in the judgment and sentence the victim or victims entitled to
restitution and what amount is due each victim. The state or victim
may enforce the court-ordered restitution in the same manner as a
judgment in a civil action. Restitution collected through civil
enforcement must be paid through the registry of the court and must be
distributed proportionately according to each victim's loss when there
is more than one victim.
Sec. 77 RCW 9.94A.753 and 2000 c 226 s 3 and 2000 c 28 s 33 are
each reenacted and amended to read as follows:
This section applies to offenses committed after July 1, 1985.
(1) When restitution is ordered, the court shall determine the
amount of restitution due at the sentencing hearing or within one
hundred eighty days except as provided in subsection (7) of this
section. The court may continue the hearing beyond the one hundred
eighty days for good cause. The court shall then set a minimum monthly
payment that the offender is required to make towards the restitution
that is ordered. The court should take into consideration the total
amount of the restitution owed, the offender's present, past, and
future ability to pay, as well as any assets that the offender may
have.
(2) During the period of supervision, the community corrections
officer may examine the offender to determine if there has been a
change in circumstances that warrants an amendment of the monthly
payment schedule. The community corrections officer may recommend a
change to the schedule of payment and shall inform the court of the
recommended change and the reasons for the change. The sentencing
court may then reset the monthly minimum payments based on the report
from the community corrections officer of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall
be based on easily ascertainable damages for injury to or loss of
property, actual expenses incurred for treatment for injury to persons,
and lost wages resulting from injury. Restitution shall not include
reimbursement for damages for mental anguish, pain and suffering, or
other intangible losses, but may include the costs of counseling
reasonably related to the offense. The amount of restitution shall not
exceed double the amount of the offender's gain or the victim's loss
from the commission of the crime.
(4) For the purposes of this section, for an offense committed
prior to July 1, 2000, the offender shall remain under the court's
jurisdiction for a term of ten years following the offender's release
from total confinement or ten years subsequent to the entry of the
judgment and sentence, whichever period ends later. Prior to the
expiration of the initial ten-year period, the superior court may
extend jurisdiction under the criminal judgment an additional ten years
for payment of restitution. For an offense committed on or after July
1, 2000, the offender shall remain under the court's jurisdiction until
the obligation is completely satisfied, regardless of the statutory
maximum for the crime. The portion of the sentence concerning
restitution may be modified as to amount, terms, and conditions during
any period of time the offender remains under the court's jurisdiction,
regardless of the expiration of the offender's term of community
supervision and regardless of the statutory maximum sentence for the
crime. The court may not reduce the total amount of restitution
ordered because the offender may lack the ability to pay the total
amount. The offender's compliance with the restitution shall be
supervised by the department ((for ten years following the entry of the
judgment and sentence or ten years following the offender's release
from total confinement)) during any term of community placement,
community custody, or community supervision authorized by the court and
imposed by the department. The department is not responsible for
supervision of the offender during any subsequent period of time the
offender remains under the court's jurisdiction.
(5) Restitution shall be ordered whenever the offender is convicted
of an offense which results in injury to any person or damage to or
loss of property or as provided in subsection (6) of this section
unless extraordinary circumstances exist which make restitution
inappropriate in the court's judgment and the court sets forth such
circumstances in the record. In addition, restitution shall be ordered
to pay for an injury, loss, or damage if the offender pleads guilty to
a lesser offense or fewer offenses and agrees with the prosecutor's
recommendation that the offender be required to pay restitution to a
victim of an offense or offenses which are not prosecuted pursuant to
a plea agreement.
(6) Restitution for the crime of rape of a child in the first,
second, or third degree, in which the victim becomes pregnant, shall
include: (a) All of the victim's medical expenses that are associated
with the rape and resulting pregnancy; and (b) child support for any
child born as a result of the rape if child support is ordered pursuant
to a civil superior court or administrative order for support for that
child. The clerk must forward any restitution payments made on behalf
of the victim's child to the Washington state child support registry
under chapter 26.23 RCW. Identifying information about the victim and
child shall not be included in the order. The offender shall receive
a credit against any obligation owing under the administrative or
superior court order for support of the victim's child. For the
purposes of this subsection, the offender shall remain under the
court's jurisdiction until the offender has satisfied support
obligations under the superior court or administrative order for the
period provided in RCW 4.16.020 or a maximum term of twenty-five years
following the offender's release from total confinement or twenty-five
years subsequent to the entry of the judgment and sentence, whichever
period is longer. The court may not reduce the total amount of
restitution ordered because the offender may lack the ability to pay
the total amount. The department shall supervise the offender's
compliance with the restitution ordered under this subsection during
any term of community placement, community custody, or community
supervision authorized by the court and imposed by the department. The
department is not responsible for supervision of the offender during
any subsequent period of time the offender remains under the court's
jurisdiction.
(7) Regardless of the provisions of subsections (1) through (6) of
this section, the court shall order restitution in all cases where the
victim is entitled to benefits under the crime victims' compensation
act, chapter 7.68 RCW. If the court does not order restitution and the
victim of the crime has been determined to be entitled to benefits
under the crime victims' compensation act, the department of labor and
industries, as administrator of the crime victims' compensation
program, may petition the court within one year of entry of the
judgment and sentence for entry of a restitution order. Upon receipt
of a petition from the department of labor and industries, the court
shall hold a restitution hearing and shall enter a restitution order.
(8) In addition to any sentence that may be imposed, an offender
who has been found guilty of an offense involving fraud or other
deceptive practice or an organization which has been found guilty of
any such offense may be ordered by the sentencing court to give notice
of the conviction to the class of persons or to the sector of the
public affected by the conviction or financially interested in the
subject matter of the offense by mail, by advertising in designated
areas or through designated media, or by other appropriate means.
(9) This section does not limit civil remedies or defenses
available to the victim, survivors of the victim, or offender including
support enforcement remedies for support ordered under subsection (6)
of this section for a child born as a result of a rape of a child
victim. The court shall identify in the judgment and sentence the
victim or victims entitled to restitution and what amount is due each
victim. The state or victim may enforce the court-ordered restitution
in the same manner as a judgment in a civil action. Restitution
collected through civil enforcement must be paid through the registry
of the court and must be distributed proportionately according to each
victim's loss when there is more than one victim.
Sec. 78 RCW 9.94A.760 and 2001 c 10 s 3 are each amended to read
as follows:
(1) Whenever a person is convicted of a felony, the court may order
the payment of a legal financial obligation as part of the sentence.
The court must on either the judgment and sentence or on a subsequent
order to pay, designate the total amount of a legal financial
obligation and segregate this amount among the separate assessments
made for restitution, costs, fines, and other assessments required by
law. On the same order, the court is also to set a sum that the
offender is required to pay on a monthly basis towards satisfying the
legal financial obligation. If the court fails to set the offender
monthly payment amount, the department shall set the amount. Upon
receipt of an offender's monthly payment, restitution shall be paid
prior to any payments of other monetary obligations. After restitution
is satisfied, the county clerk shall distribute the payment
proportionally among all other fines, costs, and assessments imposed,
unless otherwise ordered by the court.
(2) If the court determines that the offender, at the time of
sentencing, has the means to pay for the cost of incarceration, the
court may require the offender to pay for the cost of incarceration at
a rate of fifty dollars per day of incarceration. Payment of other
court-ordered financial obligations, including all legal financial
obligations and costs of supervision shall take precedence over the
payment of the cost of incarceration ordered by the court. All funds
recovered from offenders for the cost of incarceration in the county
jail shall be remitted to the county and the costs of incarceration in
a prison shall be remitted to the department.
(3) The court may add to the judgment and sentence or subsequent
order to pay a statement that a notice of payroll deduction is to be
issued immediately. If the court chooses not to order the immediate
issuance of a notice of payroll deduction at sentencing, the court
shall add to the judgment and sentence or subsequent order to pay a
statement that a notice of payroll deduction may be issued or other
income-withholding action may be taken, without further notice to the
offender if a monthly court-ordered legal financial obligation payment
is not paid when due, and an amount equal to or greater than the amount
payable for one month is owed.
If a judgment and sentence or subsequent order to pay does not
include the statement that a notice of payroll deduction may be issued
or other income-withholding action may be taken if a monthly legal
financial obligation payment is past due, the department may serve a
notice on the offender stating such requirements and authorizations.
Service shall be by personal service or any form of mail requiring a
return receipt.
(4) Independent of the department, the party or entity to whom the
legal financial obligation is owed shall have the authority to use any
other remedies available to the party or entity to collect the legal
financial obligation. These remedies include enforcement in the same
manner as a judgment in a civil action by the party or entity to whom
the legal financial obligation is owed. Restitution collected through
civil enforcement must be paid through the registry of the court and
must be distributed proportionately according to each victim's loss
when there is more than one victim. The judgment and sentence shall
identify the party or entity to whom restitution is owed so that the
state, party, or entity may enforce the judgment. If restitution is
ordered pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim of
rape of a child or a victim's child born from the rape, the Washington
state child support registry shall be identified as the party to whom
payments must be made. Restitution obligations arising from the rape
of a child in the first, second, or third degree that result in the
pregnancy of the victim may be enforced for the time periods provided
under RCW 9.94A.750(6) and 9.94A.753(6). All other legal financial
obligations for an offense committed prior to July 1, 2000, may be
enforced at any time during the ten-year period following the
offender's release from total confinement or within ten years of entry
of the judgment and sentence, whichever period ends later. Prior to
the expiration of the initial ten-year period, the superior court may
extend the criminal judgment an additional ten years for payment of
legal financial obligations including crime victims' assessments. All
other legal financial obligations for an offense committed on or after
July 1, 2000, may be enforced at any time the offender remains under
the court's jurisdiction. For an offense committed on or after July 1,
2000, the court shall retain jurisdiction over the offender, for
purposes of the offender's compliance with payment of the legal
financial obligations, until the obligation is completely satisfied,
regardless of the statutory maximum for the crime. The department of
corrections shall supervise the offender's compliance with payment of
the legal financial obligations ((for ten years following the entry of
the judgment and sentence, or ten years following the offender's
release from total confinement, whichever period ends later)) during
any term of community placement, community custody, or community
supervision authorized by the court and imposed by the department. The
department is not responsible for supervision of the offender during
any subsequent period of time the offender remains under the court's
jurisdiction.
(5) In order to assist the court in setting a monthly sum that the
offender must pay during the period of supervision, the offender is
required to report to the department for purposes of preparing a
recommendation to the court. When reporting, the offender is required,
under oath, to respond truthfully and honestly to all questions
concerning present, past, and future earning capabilities and the
location and nature of all property or financial assets. The offender
is further required to bring all documents requested by the department.
(6) After completing the investigation, the department shall make
a report to the court on the amount of the monthly payment that the
offender should be required to make towards a satisfied legal financial
obligation.
(7) During the period of supervision, the department may make a
recommendation to the court that the offender's monthly payment
schedule be modified so as to reflect a change in financial
circumstances. If the department sets the monthly payment amount, the
department may modify the monthly payment amount without the matter
being returned to the court. During the period of supervision, the
department may require the offender to report to the department for the
purposes of reviewing the appropriateness of the collection schedule
for the legal financial obligation. During this reporting, the
offender is required under oath to respond truthfully and honestly to
all questions concerning earning capabilities and the location and
nature of all property or financial assets. The offender shall bring
all documents requested by the department in order to prepare the
collection schedule.
(8) After the judgment and sentence or payment order is entered,
the department is authorized, for any period of supervision, to collect
the legal financial obligation from the offender. Any amount collected
by the department shall be remitted daily to the county clerk for the
purpose of disbursements. The department is authorized to accept
credit cards as payment for a legal financial obligation, and any costs
incurred related to accepting credit card payments shall be the
responsibility of the offender.
(9) The department or any obligee of the legal financial obligation
may seek a mandatory wage assignment for the purposes of obtaining
satisfaction for the legal financial obligation pursuant to RCW
9.94A.7701.
(10) The requirement that the offender pay a monthly sum towards a
legal financial obligation constitutes a condition or requirement of a
sentence and the offender is subject to the penalties for noncompliance
as provided in RCW 9.94A.634, 9.94A.737, or 9.94A.740.
(11) During any period of supervision, the ((county clerk))
department shall ((provide the department with)) mail individualized
monthly billings ((for)) to the address known to the department of each
offender with an unsatisfied legal financial obligation ((and shall
provide the department with notice of payments by such offenders no
less frequently than weekly)). The billing shall direct payment of
legal financial obligations, other than cost of supervision assessments
under RCW 9.94A.780, to the county clerk, and payment of cost of
supervision assessments to the department.
(12) The department may arrange for the collection of unpaid legal
financial obligations through the county clerk, or through another
entity if the clerk does not assume responsibility for collection. The
costs for collection services shall be paid by the offender.
(13) Nothing in this chapter makes the department, the state, or
any of its employees, agents, or other persons acting on their behalf
liable under any circumstances for the payment of these legal financial
obligations, or for the acts of offenders who have completed the terms
of community custody, community placement, or community supervision
authorized by the court and imposed by the department of corrections,
and are being monitored solely for the collection of legal financial
obligations.
Sec. 79 RCW 9.94A.760 and 2003 c . . . s 78 (section 78 of this
act) are each amended to read as follows:
(1) Whenever a person is convicted of a felony, the court may order
the payment of a legal financial obligation as part of the sentence.
The court must on either the judgment and sentence or on a subsequent
order to pay, designate the total amount of a legal financial
obligation and segregate this amount among the separate assessments
made for restitution, costs, fines, and other assessments required by
law. On the same order, the court is also to set a sum that the
offender is required to pay on a monthly basis towards satisfying the
legal financial obligation. If the court fails to set the offender
monthly payment amount, the department shall set the amount. Upon
receipt of an offender's monthly payment, restitution shall be paid
prior to any payments of other monetary obligations. After restitution
is satisfied, the county clerk shall distribute the payment
proportionally among all other fines, costs, and assessments imposed,
unless otherwise ordered by the court.
(2) If the court determines that the offender, at the time of
sentencing, has the means to pay for the cost of incarceration, the
court may require the offender to pay for the cost of incarceration at
a rate of fifty dollars per day of incarceration. Payment of other
court-ordered financial obligations, including all legal financial
obligations and costs of supervision shall take precedence over the
payment of the cost of incarceration ordered by the court. All funds
recovered from offenders for the cost of incarceration in the county
jail shall be remitted to the county and the costs of incarceration in
a prison shall be remitted to the department.
(3) The court may add to the judgment and sentence or subsequent
order to pay a statement that a notice of payroll deduction is to be
issued immediately. If the court chooses not to order the immediate
issuance of a notice of payroll deduction at sentencing, the court
shall add to the judgment and sentence or subsequent order to pay a
statement that a notice of payroll deduction may be issued or other
income-withholding action may be taken, without further notice to the
offender if a monthly court-ordered legal financial obligation payment
is not paid when due, and an amount equal to or greater than the amount
payable for one month is owed.
If a judgment and sentence or subsequent order to pay does not
include the statement that a notice of payroll deduction may be issued
or other income-withholding action may be taken if a monthly legal
financial obligation payment is past due, the department may serve a
notice on the offender stating such requirements and authorizations.
Service shall be by personal service or any form of mail requiring a
return receipt.
(4) Independent of the department, the party or entity to whom the
legal financial obligation is owed shall have the authority to use any
other remedies available to the party or entity to collect the legal
financial obligation. These remedies include enforcement in the same
manner as a judgment in a civil action by the party or entity to whom
the legal financial obligation is owed. Restitution collected through
civil enforcement must be paid through the registry of the court and
must be distributed proportionately according to each victim's loss
when there is more than one victim. The judgment and sentence shall
identify the party or entity to whom restitution is owed so that the
state, party, or entity may enforce the judgment. If restitution is
ordered pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim of
rape of a child or a victim's child born from the rape, the Washington
state child support registry shall be identified as the party to whom
payments must be made. Restitution obligations arising from the rape
of a child in the first, second, or third degree that result in the
pregnancy of the victim may be enforced for the time periods provided
under RCW 9.94A.750(6) and 9.94A.753(6). All other legal financial
obligations for an offense committed prior to July 1, 2000, may be
enforced at any time during the ten-year period following the
offender's release from total confinement or within ten years of entry
of the judgment and sentence, whichever period ends later. Prior to
the expiration of the initial ten-year period, the superior court may
extend the criminal judgment an additional ten years for payment of
legal financial obligations including crime victims' assessments. All
other legal financial obligations for an offense committed on or after
July 1, 2000, may be enforced at any time the offender remains under
the court's jurisdiction. For an offense committed on or after July 1,
2000, the court shall retain jurisdiction over the offender, for
purposes of the offender's compliance with payment of the legal
financial obligations, until the obligation is completely satisfied,
regardless of the statutory maximum for the crime. The department of
corrections shall supervise the offender's compliance with payment of
the legal financial obligations during any term of community placement,
community custody, or community supervision authorized by the court and
imposed by the department, and the department of social and health
services is authorized to collect unpaid obligations at any time during
the ten-year period following the offender's release from total
confinement or within ten years of entry of the judgment and sentence,
whichever period ends later. Neither the department of corrections nor
the department of social and health services is ((not)) responsible for
supervision of the offender during any subsequent period of time the
offender remains under the court's jurisdiction.
(5) In order to assist the court in setting a monthly sum that the
offender must pay during the period of supervision, the offender is
required to report to the department for purposes of preparing a
recommendation to the court. When reporting, the offender is required,
under oath, to respond truthfully and honestly to all questions
concerning present, past, and future earning capabilities and the
location and nature of all property or financial assets. The offender
is further required to bring all documents requested by the department.
(6) After completing the investigation, the department shall make
a report to the court on the amount of the monthly payment that the
offender should be required to make towards a satisfied legal financial
obligation.
(7) During the period of supervision, the department may make a
recommendation to the court that the offender's monthly payment
schedule be modified so as to reflect a change in financial
circumstances. If the department sets the monthly payment amount, the
department may modify the monthly payment amount without the matter
being returned to the court. During the period of supervision, the
department may require the offender to report to the department for the
purposes of reviewing the appropriateness of the collection schedule
for the legal financial obligation. During this reporting, the
offender is required under oath to respond truthfully and honestly to
all questions concerning earning capabilities and the location and
nature of all property or financial assets. The offender shall bring
all documents requested by the department in order to prepare the
collection schedule.
(8) After the judgment and sentence or payment order is entered,
the department is authorized, for any period of supervision, to collect
the legal financial obligation from the offender. Subsequent to any
period of supervision, or if the department does not impose a period of
supervision, the department of social and health services is authorized
to collect unpaid legal financial obligations from the offender. Any
amount collected by ((the)) either department shall be remitted
((daily)) monthly to the county clerk for the purpose of disbursements.
((The)) Either department is authorized, but not required, to accept
credit cards as payment for a legal financial obligation, and any costs
incurred related to accepting credit card payments shall be the
responsibility of the offender.
(9) The department of corrections, the department of social and
health services, or any obligee of the legal financial obligation may
seek a mandatory wage assignment for the purposes of obtaining
satisfaction for the legal financial obligation pursuant to RCW
9.94A.7701.
(10) The requirement that the offender pay a monthly sum towards a
legal financial obligation constitutes a condition or requirement of a
sentence and the offender is subject to the penalties for noncompliance
as provided in RCW 9.94A.634, 9.94A.737, or 9.94A.740.
(11) During any period of supervision, the department shall mail
individualized monthly billings to the address known to the department
of each offender with an unsatisfied legal financial obligation. The
billing shall direct payment of legal financial obligations, other than
cost of supervision assessments under RCW 9.94A.780, to the county
clerk, and payment of cost of supervision assessments to the
department. Subsequent to any period of supervision, or if the
department does not impose a period of supervision, the department of
social and health services shall provide the billings and notice of
payments to the clerk.
(12) The department of corrections or the department of social and
health services may arrange for the collection of unpaid legal
financial obligations through the county clerk, or through another
entity if the clerk does not assume responsibility for collection. The
costs for collection services shall be paid by the offender.
(13) Nothing in this chapter makes the department of corrections,
the department of social and health services, the state, or any of its
employees, agents, or other persons acting on their behalf liable under
any circumstances for the payment of these legal financial obligations,
or for the acts of offenders who have completed the terms of community
custody, community placement, or community supervision authorized by
the court and imposed by the department of corrections, and are being
monitored solely for the collection of legal financial obligations.
NEW SECTION. Sec. 80 A new section is added to chapter 9.94A RCW
to read as follows:
(1) If an offender has not completed payment of all legal financial
obligations included in the sentence at the expiration of any term of
community placement, community custody, or community supervision
authorized by the court and imposed by the department of corrections,
or if the department of corrections does not impose a term of community
placement, community custody, or community supervision, the department
of corrections shall notify the department of social and health
services of the offender's remaining unpaid obligations, and provide
information to enable the department of social and health services to
monitor payment of the remaining obligations. The department of social
and health services is responsible for monitoring payment after
notification. The secretaries of corrections and social and health
services shall enter into an interagency agreement to facilitate the
transfer of information about offenders, unpaid obligations, and payees
to carry out the purposes of this chapter.
(2) All references to "the department" in RCW 9.94A.7601 through
9.94A.771 shall apply to the department of social and health services
and the department of corrections.
Sec. 81 RCW 4.56.100 and 1997 c 358 s 4 are each amended to read
as follows:
(1) When any judgment for the payment of money only shall have been
paid or satisfied, the clerk of the court in which such judgment was
rendered shall note upon the record in the execution docket
satisfaction thereof giving the date of such satisfaction upon either
the payment to such clerk of the amount of such judgment, costs and
interest and any accrued costs by reason of the issuance of any
execution, or the filing with such clerk of a satisfaction entitled in
such action and identifying the same executed by the judgment creditor
or his or her attorney of record in such action or his or her assignee
acknowledged as deeds are acknowledged. The clerk has the authority to
note the satisfaction of judgments for criminal and juvenile legal
financial obligations when the clerk's record indicates payment in full
or as directed by the court. Every satisfaction of judgment and every
partial satisfaction of judgment which provides for the payment of
money shall clearly designate the judgment creditor and his or her
attorney if any, the judgment debtor, the amount or type of
satisfaction, whether the satisfaction is full or partial, the cause
number, and the date of entry of the judgment. A certificate by such
clerk of the entry of such satisfaction by him or her may be filed in
the office of the clerk of any county in which an abstract of such
judgment has been filed. When so satisfied by the clerk or the filing
of such certificate the lien of such judgment shall be discharged.
(2) The department of social and health services shall file a
satisfaction of judgment for welfare fraud conviction if a person does
not pay money through the clerk as required under subsection (1) of
this section.
(((3) The department of corrections shall file a satisfaction of
judgment if a person does not pay money through the clerk's office as
required under subsection (1) of this section.))
Sec. 82 RCW 9.94A.780 and 2003 c . . . s 71 (section 71 of this
act) are each amended to read as follows:
(1) Whenever a punishment authorized and imposed under this chapter
requires supervision services to be provided, the offender shall pay to
the department of corrections the monthly assessment, prescribed under
subsection (2) of this section, which shall be for the duration of the
terms of supervision and which shall be considered as payment or part
payment of the cost of providing supervision to the offender. The
department may exempt or defer a person from the payment of all or any
part of the assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been unable to
obtain employment that provides the offender sufficient income to make
such payments.
(b) The offender is a student in a school, college, university, or
a course of vocational or technical training designed to fit the
student for gainful employment.
(c) The offender has an employment handicap, as determined by an
examination acceptable to or ordered by the department.
(d) The offender's age prevents him from obtaining employment.
(e) The offender is responsible for the support of dependents and
the payment of the assessment constitutes an undue hardship on the
offender.
(f) Other extenuating circumstances as determined by the
department.
(2) The department of corrections shall adopt a rule prescribing
the amount of the assessment. The department may, if it finds it
appropriate, prescribe a schedule of assessments that shall vary in
accordance with the intensity or cost of the supervision. The
department may not prescribe any assessment that is less than ten
dollars nor more than fifty dollars.
(3) All amounts required to be paid under subsection (1) of this
section shall be collected by the department of corrections and
deposited by the department in the dedicated fund established pursuant
to RCW 72.11.040.
(4) This section shall not apply to probation services provided
under an interstate compact pursuant to chapter 9.95 RCW or to
probation services provided for persons placed on probation prior to
June 10, 1982.
(5) When the department of social and health services assumes
responsibility for collection of unpaid legal financial obligations
under RCW 9.94A.760 or under any agreement with the department of
corrections under that section, whether before or after the completion
of any period of community custody, community placement, or community
supervision, the department of social and health services may prescribe
by rule a monthly or annual assessment as payment or part payment of
the cost of collecting the obligations. The department of social and
health services may exempt or defer a person from the payment of all or
any part of the assessment based upon any of the factors listed in
subsection (1) of this section. The offender shall pay the assessment
under this subsection to the department of social and health services,
which shall apply payments to the cost of collecting legal financial
obligations under RCW 9.94A.760 or an agreement with the department of
corrections.
NEW SECTION. Sec. 83 A new section is added to chapter 43.20B
RCW to read as follows:
The department may apply the collection remedies authorized in this
chapter or applicable federal law to recover legal financial
obligations imposed by the superior courts on offenders under RCW
9.94A.760, or to recover any debt established by and owed to the state
of Washington.
Sec. 84 RCW 71.09.300 and 2001 2nd sp.s. c 12 s 216 are each
amended to read as follows:
(((1))) Secure community transition facilities shall meet the
following minimum staffing requirements:
(((a))) (1) At any time the census of a facility is six or fewer
residents, the facility shall maintain a minimum staffing ratio of one
staff per three residents during normal waking hours and ((two)) one
awake staff per ((three)) four residents during normal sleeping hours.
(((b))) (2) At any time the census of a facility is six or fewer
residents, all staff shall be classified as residential rehabilitation
counselor II or have a classification that indicates a higher level of
skill, experience, and training.
(((c))) (3) Before being assigned to a facility, all staff shall
have training in sex offender issues, self-defense, and crisis de-escalation skills in addition to departmental orientation and, as
appropriate, management training. All staff with resident treatment or
care duties must participate in ongoing in-service training.
(((d))) (4) All staff must pass a departmental background check and
the check is not subject to the limitations in chapter 9.96A RCW. A
person who has been convicted of a felony, or any sex offense, may not
be employed at the secure community transition facility or be approved
as an escort for a resident of the facility.
(((2) With respect to the facility established pursuant to RCW
71.09.250(1), the department shall, no later than December 1, 2001,
provide a staffing plan to the appropriate committees of the
legislature that will cover the growth of that facility to its full
capacity.))
NEW SECTION. Sec. 85 The following acts or parts of acts are
each repealed:
(1) RCW 43.06A.010 (Office created -- Purpose) and 1996 c 131 s 2;
(2) RCW 43.06A.020 (Ombudsman -- Appointment, term of office) and
1998 c 288 s 7 & 1996 c 131 s 3;
(3) RCW 43.06A.030 (Duties) and 1996 c 131 s 4;
(4) RCW 43.06A.050 (Confidentiality) and 1996 c 131 s 6;
(5) RCW 43.06A.060 (Admissibility of evidence -- Testimony regarding
official duties) and 1998 c 288 s 1;
(6) RCW 43.06A.070 (Release of identifying information) and 1998 c
288 s 2;
(7) RCW 43.06A.080 (Inapplicability of privilege in RCW 43.06A.060)
and 1998 c 288 s 3;
(8) RCW 43.06A.085 (Liability for good faith performance--Privileged communications) and 1999 c 390 s 7;
(9) RCW 43.06A.090 (Report of conduct warranting criminal or
disciplinary proceedings) and 1998 c 288 s 4;
(10) RCW 43.06A.100 (Communication with children in custody of
department of social and health services -- Access to information in
possession or control of department or state institutions) and 1999 c
390 s 5; and
(11) RCW 43.06A.900 (Construction) and 1998 c 288 s 5.
NEW SECTION. Sec. 86 The following acts or parts of acts are
each repealed:
(1) RCW 43.121.010 (Legislative declaration, intent) and 1982 c 4
s 1;
(2) RCW 43.121.015 (Definitions) and 1988 c 278 s 4 & 1987 c 351 s
2;
(3) RCW 43.121.020 (Council established -- Members, chairperson--Appointment, qualifications, terms, vacancies) and 1996 c 10 s 1, 1994
c 48 s 1, 1989 c 304 s 4, 1987 c 351 s 3, 1984 c 261 s 1, & 1982 c 4 s
2;
(4) RCW 43.121.030 (Compensation and travel expenses of members)
and 1984 c 287 s 87 & 1982 c 4 s 3;
(5) RCW 43.121.040 (Executive director, salary -- Staff) and 1982 c
4 s 4;
(6) RCW 43.121.050 (Council powers and duties -- Generally -- Rules)
and 1988 c 278 s 5, 1987 c 351 s 4, & 1982 c 4 s 5;
(7) RCW 43.121.060 (Contracts for services -- Scope of programs--Funding) and 1982 c 4 s 6;
(8) RCW 43.121.070 (Contracts for services -- Factors in awarding)
and 1982 c 4 s 7;
(9) RCW 43.121.080 (Contracts for services -- Partial funding by
administering organization, what constitutes) and 1982 c 4 s 8;
(10) RCW 43.121.100 (Contributions, grants, gifts -- Depository for
and disbursement and expenditure control of moneys received -- Children's
trust fund) and 1987 c 351 s 5, 1984 c 261 s 3, & 1982 c 4 s 10;
(11) RCW 43.121.110 (Parenting skills -- Legislative findings) and
1988 c 278 s 1;
(12) RCW 43.121.120 (Community-based early parenting skills
programs -- Funding) and 1988 c 278 s 2;
(13) RCW 43.121.130 (Decreased state funding of parenting skills
programs -- Evaluation) and 1998 c 245 s 48 & 1988 c 278 s 3;
(14) RCW 43.121.140 (Shaken baby syndrome -- Outreach campaign) and
1993 c 107 s 2;
(15) RCW 43.121.150 (Juvenile crime--Legislative findings) and 1997
c 338 s 56; and
(16) RCW 43.121.910 (Severability -- 1982 c 4) and 1982 c 4 s 15.
NEW SECTION. Sec. 87 RCW 43.330.135 (Court-appointed special
advocate programs -- Funds -- Eligibility) and 1995 c 13 s 1 are each
repealed.
NEW SECTION. Sec. 88 The following acts or parts of acts are
each repealed:
(1) RCW 70.190.005 (Purpose) and 1994 sp.s. c 7 s 301 & 1992 c 198
s 1;
(2) RCW 70.190.010 (Definitions) and 1996 c 132 s 2, 1995 c 399 s
200, & 1992 c 198 s 3;
(3) RCW 70.190.020 (Consolidate efforts of existing entities) and
1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
(4) RCW 70.190.030 (Proposals to facilitate services at the
community level) and 1994 sp.s. c 7 s 316 & 1992 c 198 s 5;
(5) RCW 70.190.040 (Finding -- Grants to improve readiness to learn)
and 1993 c 336 s 901;
(6) RCW 70.190.050 (Community networks -- Outcome evaluation) and
1998 c 245 s 122 & 1994 sp.s. c 7 s 207;
(7) RCW 70.190.060 (Community networks -- Legislative intent--Membership -- Open meetings) and 1998 c 314 s 12, 1996 c 132 s 3, & 1994
sp.s. c 7 s 303;
(8) RCW 70.190.065 (Member's authorization of expenditures--Limitation) and 1996 c 132 s 5;
(9) RCW 70.190.070 (Community networks -- Duties) and 1994 sp.s. c 7
s 304;
(10) RCW 70.190.075 (Lead fiscal agent) and 1996 c 132 s 4;
(11) RCW 70.190.080 (Community networks -- Programs and plans) and
1996 c 132 s 6 & 1994 sp.s. c 7 s 305;
(12) RCW 70.190.085 (Community networks -- Sexual abstinence and
activity campaign) and 1994 c 299 s 5;
(13) RCW 70.190.090 (Community networks -- Planning grants and
contracts -- Distribution of funds -- Reports) and 1999 c 309 s 918, 1996
c 132 s 7, & 1994 sp.s. c 7 s 306;
(14) RCW 70.190.100 (Duties of council) and 1998 c 245 s 123 & 1994
sp.s. c 7 s 307;
(15) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994
sp.s. c 7 s 308;
(16) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s
309;
(17) RCW 70.190.130 (Comprehensive plan -- Approval process -- Network
expenditures -- Penalty for noncompliance with chapter) and 1998 c 314 s
13, 1996 c 132 s 8, & 1994 sp.s. c 7 s 310;
(18) RCW 70.190.150 (Federal restrictions on funds transfers,
waivers) and 1994 sp.s. c 7 s 312;
(19) RCW 70.190.160 (Community networks -- Implementation in federal
and state plans) and 1994 sp.s. c 7 s 314;
(20) RCW 70.190.170 (Transfer of funds and programs to state
agency) and 1994 sp.s. c 7 s 320;
(21) RCW 70.190.180 (Community network -- Grants for use of school
facilities) and 1994 sp.s. c 7 s 604;
(22) RCW 70.190.190 (Network members immune from civil liability--Network assets not subject to attachment or execution) and 1996 c 132
s 9;
(23) RCW 70.190.910 (Severability -- 1992 c 198) and 1992 c 198 s 20;
(24) RCW 70.190.920 (Effective date -- 1992 c 198) and 1992 c 198 s
21; and
(25) RCW 74.14C.050 (Implementation and evaluation plan) and 1995
c 311 s 9 & 1992 c 214 s 6.
NEW SECTION. Sec. 89 The following acts or parts of acts are
each repealed:
(1) RCW 13.32A.125 (Temporary out-of-home placement in semi-secure
crisis residential center) and 1995 c 312 s 44;
(2) RCW 13.32A.042 (Multidisciplinary team -- Formation) and 2000 c
123 s 4 & 1995 c 312 s 13;
(3) RCW 13.32A.090 (Duty to inform parents -- Transportation to
child's home or out-of-home placement -- Notice to department) and 2000
c 123 s 11, 1996 c 133 s 7, 1995 c 312 s 10, 1990 c 276 s 6, 1981 c 298
s 7, & 1979 c 155 s 23;
(4) RCW 13.32A.095 (Unauthorized leave from crisis residential
center -- Notice to parents, law enforcement, and the department) and
2000 c 123 s 12, 1996 c 133 s 15, & 1995 c 312 s 21;
(5) RCW 13.32A.130 (Child admitted to secure facility -- Maximum
hours of custody -- Evaluation for semi-secure facility or release to
department -- Parental right to remove child -- Reconciliation effort--Information to parent and child -- Written statement of services and
rights -- Crisis residential center immunity from liability) and 2000 c
162 s 13, 2000 c 162 s 3, 2000 c 123 s 15, 1997 c 146 s 4, 1996 c 133
s 8, 1995 c 312 s 12, 1994 sp.s. c 7 s 508, 1992 c 205 s 206, 1990 c
276 s 8, 1985 c 257 s 9, 1981 c 298 s 9, & 1979 c 155 s 27;
(6) RCW 74.13.032 (Crisis residential centers -- Establishment--Staff -- Duties -- Semi-secure facilities -- Secure facilities) and 1998 c
296 s 4, 1995 c 312 s 60, & 1979 c 155 s 78;
(7) RCW 74.13.033 (Crisis residential centers -- Removal from--Services available -- Unauthorized leave) and 2000 c 162 s 16, 2000 c 162
s 7, 1995 c 312 s 62, 1992 c 205 s 213, & 1979 c 155 s 79;
(8) RCW 74.13.034 (Crisis residential centers -- Removal to another
center or secure facility -- Placement in secure juvenile detention
facility) and 2000 c 162 s 17, 2000 c 162 s 8, 1995 c 312 s 63, 1992 c
205 s 214, 1991 c 364 s 5, 1981 c 298 s 17, 1979 ex.s. c 165 s 21, &
1979 c 155 s 80;
(9) RCW 43.41.190 (Community network programs -- Recommended
legislation) and 1994 sp.s. c 7 s 318;
(10) RCW 43.41.195 (Community networks -- Fund distribution formula)
and 1999 c 372 s 8 & 1994 sp.s. c 7 s 319;
(11) RCW 74.13.035 (Crisis residential centers -- Annual records,
contents -- Multiple licensing) and 1979 c 155 s 81; and
(12) RCW 74.13.0321 (Crisis residential centers -- Limit on
reimbursement or compensation) and 1995 c 312 s 61.
NEW SECTION. Sec. 90 RCW 74.14D.040 (Court may order delivery of
services) and 1997 c 386 s 12 are each repealed.
NEW SECTION. Sec. 91 The following acts or parts of acts are
each repealed:
(1) RCW 71.24.450 (Mentally ill offenders -- Findings and intent) and
1997 c 342 s 1;
(2) RCW 71.24.455 (Mentally ill offenders -- Contracts for
specialized access and services) and 1997 c 342 s 2; and
(3) RCW 71.24.460 (Mentally ill offenders -- Report to legislature--Contingent termination of program) and 1999 c 10 s 13 & 1997 c 342 s 4.
NEW SECTION. Sec. 92 RCW 71.09.270 (Transition facility--Law
enforcement presence) and 2001 2nd sp.s. c 12 s 210 are each repealed.
NEW SECTION. Sec. 93 Sections 79, 80, 82, and 83 of this act
take effect January 1, 2004.
NEW SECTION. Sec. 94 Section 60 of this act expires July 1,
2004.
NEW SECTION. Sec. 95 Section 61 of this act takes effect July 1,
2004.
NEW SECTION. Sec. 96 Sections 56 through 58, 60, 63 through 78,
81, 84, and 92 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect
immediately.
NEW SECTION. Sec. 97 Section 34 of this act expires July 1,
2005.
NEW SECTION. Sec. 98 Sections 44 through 54, 59, and 87 of this
act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and take effect July 1, 2003.