BILL REQ. #: Z-0167.3
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/31/2003. Referred to Committee on Judiciary.
AN ACT Relating to the administrative office of the courts; amending RCW 2.14.110, 2.43.020, 2.43.030, 2.43.070, 2.56.010, 2.56.020, 2.56.030, 2.56.120, 2.56.150, 2.56.180, 2.68.020, 2.70.050, 3.46.030, 3.50.020, 3.66.010, 3.66.070, 9.73.230, 9.94A.660, 9.94A.855, 10.64.120, 10.98.080, 10.98.100, 10.98.160, 13.34.102, 13.64.080, 13.70.130, 26.12.177, 26.12.802, 26.12.804, 26.18.210, 26.18.220, 26.19.011, 26.19.035, 26.19.050, 26.26.065, 26.50.030, 26.50.035, 35.20.030, 36.01.050, 36.18.018, 43.70.540, 43.101.280, 46.20.286, 74.14C.100, and 82.14.310; amending 2000 c 111 s 8 (uncodified); amending 1983 c 199 s 2 (uncodified); reenacting and amending RCW 9.94A.660, 9.94A.850, 9.94A.850, and 43.08.250; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 2.14.110 and 1996 c 42 s 1 are each amended to read as
follows:
If a member dies, the amount of the accumulated contributions
standing to the member's credit at the time of the member's death shall
be paid to the member's estate, or such person or persons, trust, or
organization as the member has nominated by written designation duly
executed and filed with the administrative office of the
((administrator for the)) courts. If there is no such designated
person or persons still living at the time of the member's death, the
member's accumulated contributions shall be paid to the member's
surviving spouse as if in fact the spouse had been nominated by written
designation or, if there is no such surviving spouse, then to the
member's legal representatives.
Sec. 2 RCW 2.43.020 and 1989 c 358 s 2 are each amended to read
as follows:
As used in this chapter:
(1) "Non-English-speaking person" means any person involved in a
legal proceeding who cannot readily speak or understand the English
language, but does not include hearing-impaired persons who are covered
under chapter 2.42 RCW.
(2) "Qualified interpreter" means a person who is able readily to
interpret or translate spoken and written English for non-English-speaking persons and to interpret or translate oral or written
statements of non-English-speaking persons into spoken English.
(3) "Legal proceeding" means a proceeding in any court in this
state, grand jury hearing, or hearing before an inquiry judge, or
before (([an])) an administrative board, commission, agency, or
licensing body of the state or any political subdivision thereof.
(4) "Certified interpreter" means an interpreter who is certified
by the administrative office of the ((administrator for the)) courts.
(5) "Appointing authority" means the presiding officer or similar
official of any court, department, board, commission, agency, licensing
authority, or legislative body of the state or of any political
subdivision thereof.
Sec. 3 RCW 2.43.030 and 1990 c 183 s 1 are each amended to read
as follows:
(1) Whenever an interpreter is appointed to assist a non-English-speaking person in a legal proceeding, the appointing authority shall,
in the absence of a written waiver by the person, appoint a certified
or a qualified interpreter to assist the person throughout the
proceedings.
(a) Except as otherwise provided for in (b) of this subsection, the
interpreter appointed shall be a qualified interpreter.
(b) Beginning on July 1, 1990, when a non-English-speaking person
is a party to a legal proceeding, or is subpoenaed or summoned by an
appointing authority or is otherwise compelled by an appointing
authority to appear at a legal proceeding, the appointing authority
shall use the services of only those language interpreters who have
been certified by the administrative office of the ((administrator for
the)) courts, unless good cause is found and noted on the record by the
appointing authority. For purposes of chapter 358, Laws of 1989, "good
cause" includes but is not limited to a determination that:
(i) Given the totality of the circumstances, including the nature
of the proceeding and the potential penalty or consequences involved,
the services of a certified interpreter are not reasonably available to
the appointing authority; or
(ii) The current list of certified interpreters maintained by the
administrative office of the ((administrator for the)) courts does not
include an interpreter certified in the language spoken by the non-English-speaking person.
(c) Except as otherwise provided in this section, when a non-English-speaking person is involved in a legal proceeding, the
appointing authority shall appoint a qualified interpreter.
(2) If good cause is found for using an interpreter who is not
certified or if a qualified interpreter is appointed, the appointing
authority shall make a preliminary determination, on the basis of
testimony or stated needs of the non-English-speaking person, that the
proposed interpreter is able to interpret accurately all communications
to and from such person in that particular proceeding. The appointing
authority shall satisfy itself on the record that the proposed
interpreter:
(a) Is capable of communicating effectively with the court or
agency and the person for whom the interpreter would interpret; and
(b) Has read, understands, and will abide by the code of ethics for
language interpreters established by court rules.
Sec. 4 RCW 2.43.070 and 1989 c 358 s 7 are each amended to read
as follows:
(1) Subject to the availability of funds, the administrative office
of the ((administrator for the)) courts shall establish and administer
a comprehensive testing and certification program for language
interpreters.
(2) The administrative office of the ((administrator for the))
courts shall work cooperatively with community colleges and other
private or public educational institutions, and with other public or
private organizations to establish a certification preparation
curriculum and suitable training programs to ensure the availability of
certified interpreters. Training programs shall be made readily
available in both eastern and western Washington locations.
(3) The administrative office of the ((administrator for the))
courts shall establish and adopt standards of proficiency, written and
oral, in English and the language to be interpreted.
(4) The administrative office of the ((administrator for the))
courts shall conduct periodic examinations to ensure the availability
of certified interpreters. Periodic examinations shall be made readily
available in both eastern and western Washington locations.
(5) The administrative office of the ((administrator for the))
courts shall compile, maintain, and disseminate a current list of
interpreters certified by the office ((of the administrator for the
courts)).
(6) The administrative office of the ((administrator for the))
courts may charge reasonable fees for testing, training, and
certification.
Sec. 5 RCW 2.56.010 and 1984 c 20 s 1 are each amended to read as
follows:
There shall be a state office to be known as the administrative
office of ((administrator for)) the courts. The executive officer of
the administrative office of the courts is the administrator for the
courts, who shall be appointed by the supreme court of this state from
a list of five persons submitted by the governor of the state of
Washington, and shall hold office at the pleasure of the appointing
power. ((He shall not be over the age of sixty years at the time of
his appointment. He shall receive a)) The administrator's salary
((to)) shall be fixed by the supreme court.
Sec. 6 RCW 2.56.020 and 1957 c 259 s 2 are each amended to read
as follows:
The administrator for the courts, with the approval of the chief
justice of the supreme court of this state, shall appoint and fix the
compensation of such assistants as are necessary to enable ((him to
perform)) performance of the power and duties vested in ((him. During
his term of office or employment,)) the administrative office of the
courts. Neither the administrator nor any assistant shall engage
((directly or indirectly)) in the practice of law for remuneration in
this state.
Sec. 7 RCW 2.56.030 and 2002 c 49 s 2 are each amended to read as
follows:
The administrator for the courts shall, under the supervision and
direction of the chief justice:
(1) Examine the administrative methods and systems employed in the
offices of the judges, clerks, stenographers, and employees of the
courts and make recommendations, through the chief justice, for the
improvement of the same;
(2) Examine the state of the dockets of the courts and determine
the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the
assignment of judges where courts are in need of assistance and carry
out the direction of the chief justice as to the assignments of judges
to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports
of the business transacted by the courts and transmit the same to the
chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations
necessary for the maintenance and operation of the judicial system and
make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to
the expenditure of public moneys, state and local, for the maintenance
and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or
rules adopted by the supreme court of this state on cases and other
judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to
supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW
2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a
report of the activities of the administrator's office for the
preceding calendar year including activities related to courthouse
security;
(10) Administer programs and standards for the training and
education of judicial personnel;
(11) Examine the need for ((new)) superior court and district court
judge positions under ((a weighted caseload)) an objective workload
analysis ((that takes into account the time required to hear all the
cases in a particular court and the amount of time existing judges have
available to hear cases in that court)). The results of the ((weighted
caseload)) objective workload analysis shall be reviewed by the board
for judicial administration which shall make recommendations to the
legislature. It is the intent of the legislature that ((weighted
caseload)) an objective workload analysis become the basis for
((creating additional)) estimating the need for district and superior
court positions, and recommendations should address that objective;
(12) Provide staff to the judicial retirement account plan under
chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme
court of this state;
(14) Within available funds, develop a curriculum for a general
understanding of child development, placement, and treatment resources,
as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules,
interviewing skills, and special needs of the abused or neglected
child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be
updated yearly to reflect changes in statutes, court rules, or case
law;
(15) Develop, in consultation with the entities set forth in RCW
2.56.150(3), a comprehensive statewide curriculum for persons who act
as guardians ad litem under Title 13 or 26 RCW. The curriculum shall
be made available July 1, 1997, and include specialty sections on child
development, child sexual abuse, child physical abuse, child neglect,
clinical and forensic investigative and interviewing techniques, family
reconciliation and mediation services, and relevant statutory and legal
requirements. The curriculum shall be made available to all superior
court judges, court personnel, and all persons who act as guardians ad
litem;
(16) Develop a curriculum for a general understanding of crimes of
malicious harassment, as well as specific legal skills and knowledge of
RCW 9A.36.080, relevant cases, court rules, and the special needs of
malicious harassment victims. This curriculum shall be made available
to all superior court and court of appeals judges and to all justices
of the supreme court;
(17) Develop, in consultation with the criminal justice training
commission and the commissions established under chapters 43.113,
43.115, and 43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum shall be available
to all superior court judges and court commissioners assigned to
juvenile court, and other court personnel. Ethnic and cultural
diversity training shall be provided annually so as to incorporate
cultural sensitivity and awareness into the daily operation of juvenile
courts statewide;
(18) Authorize the use of closed circuit television and other
electronic equipment in judicial proceedings. The administrator shall
promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with
RCW 2.56.180;
(20) Administer state funds for improving the operation of the
courts and provide support for court coordinating councils, under the
direction of the board for judicial administration.
Sec. 8 RCW 2.56.120 and 1986 c 158 s 1 are each amended to read
as follows:
(1) The administrative office of the ((administrator for the))
courts, in cooperation with appropriate legislative committees and
legislative staff, shall establish a procedure for the provision of
judicial impact notes on the effect legislative bills will have on the
workload and administration of the courts of this state. The
((administrator for)) administrative office of the courts and the
office of financial management shall coordinate the development of
judicial impact notes with the preparation of fiscal notes under
chapters 43.88A and 43.132 RCW.
(2) The ((administrator for)) administrative office of the courts
shall provide a judicial impact note on any legislative proposal at the
request of any legislator. The note shall be provided to the
requesting legislator and copies filed with the appropriate legislative
committees in accordance with subsection (3) of this section when the
proposed legislation is introduced in either house.
(3) When a judicial impact note is prepared and approved by the
((administrator for)) administrative office of the courts, copies of
the note shall be filed with:
(a) The chairperson of the committee to which the bill was referred
upon introduction in the house of origin;
(b) The senate committee on ways and means;
(c) The house of representatives committee on ways and means;
(d) The senate judiciary committee;
(e) The house of representatives judiciary committee; and
(f) The office of financial management.
(4) This section shall not prevent either house of the legislature
from acting on any bill before it as otherwise provided by the state
Constitution, by law, and by the rules and joint rules of the senate
and house of representatives, nor shall the lack of any judicial impact
note as provided in this section or any error in the accuracy thereof
affect the validity of any measure otherwise duly passed by the
legislature.
Sec. 9 RCW 2.56.150 and 1996 c 249 s 3 are each amended to read
as follows:
(1) The administrator for the courts shall review the advisability
and feasibility of the statewide mandatory use of court-appointed
special advocates as described in RCW 26.12.175 to act as guardians ad
litem in appropriate cases under Titles 13 and 26 RCW. The review must
explore the feasibility of obtaining various sources of private and
public funding to implement statewide mandatory use of court-appointed
special advocates, such as grants and donations, instead of or in
combination with raising court fees or assessments.
(2) The administrator shall also conduct a study on the feasibility
and desirability of requiring all persons who act as guardians ad litem
under Titles 11, 13, and 26 RCW to be certified as qualified guardians
ad litem prior to their eligibility for appointment.
(3) In conducting the review and study the administrator shall
consult with: (a) The presidents or directors of all public benefit
nonprofit corporations that are eligible to receive state funds under
RCW 43.330.135; (b) the attorney general, or a designee; (c) the
secretary of the department of social and health services, or a
designee; (d) the superior court judges association; (e) the Washington
state bar association; (f) public defenders who represent children
under Title 13 or 26 RCW; (g) private attorneys who represent parents
under Title 13 or 26 RCW; (h) professionals who evaluate families for
the purposes of determining the custody or placement decisions of
children; (i) the office of financial management; (j) persons who act
as volunteer or compensated guardians ad litem; and (k) parents who
have dealt with guardians ad litem in court cases. For the purposes of
studying the feasibility of a certification requirement for guardians
ad litem acting under Title 11 RCW the administrator shall consult with
the advisory group formed under RCW 11.88.090.
(4) The ((office of the)) administrator ((for the courts)) shall
also conduct a review of problems and concerns about the role of
guardians ad litem in actions under Titles 11, 13, and 26 RCW and
recommend alternatives to strengthen judicial oversight of guardians ad
litem and ensure fairness and impartiality of the process. The
((office of the)) administrator ((for the courts)) must accept and
obtain comments from parties designated in subsection (3) of this
section.
Sec. 10 2000 c 111 s 8 (uncodified) is amended to read as
follows:
The program established by the ((office of the)) administrator for
the courts pursuant to RCW 2.56.160 shall by June 1, 2003, report to
the legislature on the effectiveness and costs of the pilot program.
Copies of the report shall be distributed to the house of
representatives judiciary committee and the senate judiciary committee.
Sec. 11 RCW 2.56.180 and 2002 c 49 s 3 are each amended to read
as follows:
(1) The ((administrator for)) administrative office of the courts
((will)) shall create a handbook explaining the sections of Washington
law pertaining to the rights and responsibilities of marital partners
to each other and to any children during a marriage and a dissolution
of marriage. The handbook may also be provided in videotape or other
electronic form.
(2) The handbook created under subsection (1) of this section
((will)) shall be provided by the county auditor when an individual
files a marriage certificate under RCW 26.04.090.
(3) The information contained in the handbook created under
subsection (1) of this section ((will)) shall be reviewed and updated
annually. The handbook must contain the following information:
(a) Information on prenuptial agreements as contracts and as a
means of structuring financial arrangements and other aspects of the
marital relationship;
(b) Information on shared parental responsibility for children,
including establishing a residential schedule for the child in the
event of the dissolution of the marriage;
(c) Information on notice requirements and standards for parental
relocation;
(d) Information on child support for minor children;
(e) Information on property rights, including equitable
distribution of assets and premarital and postmarital property rights;
(f) Information on spousal maintenance;
(g) Information on domestic violence, child abuse, and neglect,
including penalties;
(h) Information on the court process for dissolution;
(i) Information on the effects of dissolution on children;
(j) Information on community resources that are available to
separating or divorcing persons and their children.
Sec. 12 RCW 2.68.020 and 1994 c 8 s 1 are each amended to read as
follows:
There is created an account in the custody of the state treasurer
to be known as the judicial information system account. The
administrative office of the ((administrator for the)) courts shall
maintain and administer the account, in which shall be deposited all
moneys received from in-state noncourt users and any out-of-state users
of the judicial information system and moneys as specified in RCW
2.68.040 for the purposes of providing judicial information system
access to noncourt users and providing an adequate level of automated
services to the judiciary. The legislature shall appropriate the funds
in the account for the purposes of the judicial information system.
The account shall be used for the acquisition of equipment, software,
supplies, services, and other costs incidental to the acquisition,
development, operation, and administration of information services,
telecommunications, systems, software, supplies, and equipment,
including the payment of principal and interest on items paid in
installments.
Sec. 13 RCW 2.70.050 and 1996 c 221 s 6 are each amended to read
as follows:
(1) All powers, duties, and functions of the supreme court and the
administrative office of the ((administrator for the)) courts
pertaining to appellate indigent defense are transferred to the office
of public defense.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the supreme court or
the administrative office of the ((administrator for the)) courts
pertaining to the powers, functions, and duties transferred shall be
delivered to the custody of the office of public defense. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the supreme court or the administrative
office of the ((administrator for the)) courts in carrying out the
powers, functions, and duties transferred shall be made available to
the office of public defense. All funds, credits, or other assets held
in connection with the powers, functions, and duties transferred shall
be assigned to the office of public defense.
(b) Any appropriations made to the supreme court or the
administrative office of the ((administrator for the)) courts for
carrying out the powers, functions, and duties transferred shall, on
June 6, 1996, be transferred and credited to the office of public
defense.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the supreme court or the administrative office
of the ((administrator for the)) courts engaged in performing the
powers, functions, and duties transferred are transferred to the
jurisdiction of the office of public defense. All employees classified
under chapter 41.06 RCW, the state civil service law, are assigned to
the office of public defense to perform their usual duties upon the
same terms as formerly, without any loss of rights, subject to any
action that may be appropriate thereafter in accordance with the laws
and rules governing state civil service.
(4) All rules and all pending business before the supreme court or
the administrative office of the ((administrator for the)) courts
pertaining to the powers, functions, and duties transferred shall be
continued and acted upon by the office of public defense. All existing
contracts and obligations shall remain in full force and shall be
performed by the office of public defense.
(5) The transfer of the powers, duties, functions, and personnel of
the supreme court or the administrative office of the ((administrator
for the)) courts shall not affect the validity of any act performed
before June 6, 1996.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the personnel
board as provided by law.
Sec. 14 RCW 3.46.030 and 2000 c 111 s 5 are each amended to read
as follows:
A municipal department shall have exclusive jurisdiction of matters
arising from ordinances of the city, and no jurisdiction of other
matters except as conferred by statute. A municipal department
participating in the program established by the administrative office
of the ((administrator for the)) courts pursuant to RCW 2.56.160 shall
have jurisdiction to take recognizance, approve bail, and arraign
defendants held within its jurisdiction on warrants issued by any court
of limited jurisdiction participating in the program.
Sec. 15 RCW 3.50.020 and 2000 c 111 s 6 are each amended to read
as follows:
The municipal court shall have exclusive original jurisdiction over
traffic infractions arising under city ordinances and exclusive
original criminal jurisdiction of all violations of city ordinances
duly adopted by the city in which the municipal court is located and
shall have original jurisdiction of all other actions brought to
enforce or recover license penalties or forfeitures declared or given
by such ordinances or by state statutes. The municipal court shall
also have the jurisdiction as conferred by statute. The municipal
court is empowered to forfeit cash bail or bail bonds and issue
execution thereon; and in general to hear and determine all causes,
civil or criminal, including traffic infractions, arising under such
ordinances and to pronounce judgment in accordance therewith. A
municipal court participating in the program established by the
administrative office of the ((administrator for the)) courts pursuant
to RCW 2.56.160 shall have jurisdiction to take recognizance, approve
bail, and arraign defendants held within its jurisdiction on warrants
issued by any court of limited jurisdiction participating in the
program.
Sec. 16 RCW 3.66.010 and 2000 c 111 s 2 are each amended to read
as follows:
(1) The justices of the peace elected in accordance with chapters
3.30 through 3.74 RCW are authorized to hold court as judges of the
district court for the trial of all actions enumerated in chapters 3.30
through 3.74 RCW or assigned to the district court by law; to hear,
try, and determine the same according to the law, and for that purpose
where no special provision is otherwise made by law, such court shall
be vested with all the necessary powers which are possessed by courts
of record in this state; and all laws of a general nature shall apply
to such district court as far as the same may be applicable and not
inconsistent with the provisions of chapters 3.30 through 3.74 RCW.
The district court shall, upon the demand of either party, impanel a
jury to try any civil or criminal case in accordance with the
provisions of chapter 12.12 RCW. No jury trial may be held in a
proceeding involving a traffic infraction.
(2) A district court participating in the program established by
the administrative office of the ((administrator for the)) courts
pursuant to RCW 2.56.160 shall have jurisdiction to take recognizance,
approve bail, and arraign defendants held within its jurisdiction on
warrants issued by any other court of limited jurisdiction
participating in the program.
Sec. 17 RCW 3.66.070 and 2002 c 59 s 1 are each amended to read
as follows:
(1) All criminal actions shall be brought in the district where the
alleged violation occurred: PROVIDED, That (a) the prosecuting
attorney may file felony cases in the district in which the county seat
is located, (b) with the consent of the defendant criminal actions
other than those arising out of violations of city ordinances may be
brought in or transferred to the district in which the county seat is
located, (c) if the alleged violation relates to driving, or being in
actual physical control of, a motor vehicle while under the influence
of intoxicating liquor or any drug and the alleged violation occurred
within a judicial district which has been designated an enhanced
enforcement district under RCW 2.56.110, the charges may be filed in
that district or in a district within the same county which is adjacent
to the district in which the alleged violation occurred, and (d) a
district court participating in the program established by the
administrative office of the ((administrator for the)) courts pursuant
to RCW 2.56.160 shall have jurisdiction to take recognizance, approve
bail, and arraign defendants held within its jurisdiction on warrants
issued by any other court of limited jurisdiction participating in the
program.
(2) In the event of an emergency created by act of nature, civil
unrest, technological failure, or other hazardous condition, temporary
venue for court of limited jurisdiction matters may be had in a court
district not impacted by the emergency. Such emergency venue is
appropriate only for the duration of the emergency.
(3) A criminal action commenced under a local ordinance or state
statute is deemed to be properly heard by the court of original
jurisdiction even though the hearing may take place by video or other
electronic means as approved by the supreme court and the defendant is
appearing by an electronic method from a location outside the court's
geographic jurisdiction or boundaries.
Sec. 18 RCW 9.73.230 and 1989 c 271 s 204 are each amended to
read as follows:
(1) As part of a bona fide criminal investigation, the chief law
enforcement officer of a law enforcement agency or his or her designee
above the rank of first line supervisor may authorize the interception,
transmission, or recording of a conversation or communication by
officers under the following circumstances:
(a) At least one party to the conversation or communication has
consented to the interception, transmission, or recording;
(b) Probable cause exists to believe that the conversation or
communication involves the unlawful manufacture, delivery, sale, or
possession with intent to manufacture, deliver, or sell, controlled
substances as defined in chapter 69.50 RCW, or legend drugs as defined
in chapter 69.41 RCW, or imitation controlled substances as defined in
chapter 69.52 RCW; and
(c) A written report has been completed as required by subsection
(2) of this section.
(2) The agency's chief officer or designee authorizing an
interception, transmission, or recording under subsection (1) of this
section, shall prepare and sign a written report at the time of
authorization indicating:
(a) The circumstances that meet the requirements of subsection (1)
of this section;
(b) The names of the authorizing and consenting parties, except
that in those cases where the consenting party is a confidential
informant, the name of the confidential informant need not be divulged;
(c) The names of the officers authorized to intercept, transmit,
and record the conversation or communication;
(d) The identity of the particular person or persons, if known, who
may have committed or may commit the offense;
(e) The details of the particular offense or offenses that may have
been or may be committed and the expected date, location, and
approximate time of the conversation or communication; and
(f) Whether there was an attempt to obtain authorization pursuant
to RCW 9.73.090(2) and, if there was such an attempt, the outcome of
the attempt.
(3) An authorization under this section is valid in all
jurisdictions within Washington state and for the interception of
communications from additional persons if the persons are brought into
the conversation or transaction by the nonconsenting party or if the
nonconsenting party or such additional persons cause or invite the
consenting party to enter another jurisdiction.
(4) The recording of any conversation or communication under this
section shall be done in such a manner that protects the recording from
editing or other alterations.
(5) An authorization made under this section is valid for no more
than twenty-four hours from the time it is signed by the authorizing
officer, and each authorization shall independently meet all of the
requirements of this section. The authorizing officer shall sign the
written report required under subsection (2) of this section,
certifying the exact date and time of his or her signature. An
authorization under this section may be extended not more than twice
for an additional consecutive twenty-four hour period based upon the
same probable cause regarding the same suspected transaction. Each
such extension shall be signed by the authorizing officer.
(6) Within fifteen days after the signing of an authorization that
results in any interception, transmission, or recording of a
conversation or communication pursuant to this section, the law
enforcement agency which made the interception, transmission, or
recording shall submit a report including the original authorization
under subsection (2) of this section to a judge of a court having
jurisdiction which report shall identify (a) the persons, including the
consenting party, who participated in the conversation, and (b) the
date, location, and approximate time of the conversation.
In those cases where the consenting party is a confidential
informant, the name of the confidential informant need not be divulged.
A monthly report shall be filed by the law enforcement agency with
the administrator for the courts indicating the number of
authorizations granted, the date and time of each authorization,
interceptions made, arrests resulting from an interception, and
subsequent invalidations.
(7)(a) Within two judicial days of receipt of a report under
subsection (6) of this section, the court shall make an ex parte review
of the authorization, but not of the evidence, and shall make a
determination whether the requirements of subsection (1) of this
section were met. If the court determines that any of the requirements
of subsection (1) of this section were not met, the court shall order
that any recording and any copies or transcriptions of the conversation
or communication be destroyed. Destruction of recordings, copies, or
transcriptions shall be stayed pending any appeal of a finding that the
requirements of subsection (1) of this section were not met.
(b) Absent a continuation under (c) of this subsection, six months
following a determination under (a) of this subsection that probable
cause did not exist, the court shall cause a notice to be mailed to the
last known address of any nonconsenting party to the conversation or
communication that was the subject of the authorization. The notice
shall indicate the date, time, and place of any interception,
transmission, or recording made pursuant to the authorization. The
notice shall also identify the agency that sought the authorization and
shall indicate that a review under (a) of this subsection resulted in
a determination that the authorization was made in violation of this
section.
(c) An authorizing agency may obtain six-month extensions to the
notice requirement of (b) of this subsection in cases of active,
ongoing criminal investigations that might be jeopardized by sending
the notice.
(8) In any subsequent judicial proceeding, evidence obtained
through the interception or recording of a conversation or
communication pursuant to this section shall be admissible only if:
(a) The court finds that the requirements of subsection (1) of this
section were met and the evidence is used in prosecuting an offense
listed in subsection (1)(b) of this section; or
(b) The evidence is admitted with the permission of the person
whose communication or conversation was intercepted, transmitted, or
recorded; or
(c) The evidence is admitted in a prosecution for a "serious
violent offense" as defined in RCW 9.94A.030 in which a party who
consented to the interception, transmission, or recording was a victim
of the offense; or
(d) The evidence is admitted in a civil suit for personal injury or
wrongful death arising out of the same incident, in which a party who
consented to the interception, transmission, or recording was a victim
of a serious violent offense as defined in RCW 9.94A.030.
Nothing in this subsection bars the admission of testimony of a
party or eyewitness to the intercepted, transmitted, or recorded
conversation or communication when that testimony is unaided by
information obtained solely by violation of RCW 9.73.030.
(9) Any determination of invalidity of an authorization under this
section shall be reported by the court to the administrative office of
the ((administrator for the)) courts.
(10) Any person who intentionally intercepts, transmits, or records
or who intentionally authorizes the interception, transmission, or
recording of a conversation or communication in violation of this
section, is guilty of a class C felony punishable according to chapter
9A.20 RCW.
(11) An authorizing agency is liable for twenty-five thousand
dollars in exemplary damages, in addition to any other damages
authorized by this chapter or by other law, to a person whose
conversation or communication was intercepted, transmitted, or recorded
pursuant to an authorization under this section if:
(a) In a review under subsection (7) of this section, or in a
suppression of evidence proceeding, it has been determined that the
authorization was made without the probable cause required by
subsection (1)(b) of this section; and
(b) The authorization was also made without a reasonable suspicion
that the conversation or communication would involve the unlawful acts
identified in subsection (1)(b) of this section.
Sec. 19 RCW 9.94A.660 and 2002 c 175 s 10 are each amended to
read as follows:
(1) An offender is eligible for the special drug offender
sentencing alternative if:
(a) The offender is convicted of a felony that is not a violent
offense or sex offense and the violation does not involve a sentence
enhancement under RCW 9.94A.510 (3) or (4);
(b) The offender has no current or prior convictions for a sex
offense or violent offense in this state, another state, or the United
States;
(c) For 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, the offense involved only a small quantity of
the particular controlled substance as determined by the judge upon
consideration of such factors as the weight, purity, packaging, sale
price, and street value of the controlled substance; and
(d) The offender has not been found by the United States attorney
general to be subject to a deportation detainer or order and does not
become subject to a deportation order during the period of the
sentence.
(2) If the standard sentence range is greater than one year and the
sentencing court determines that the offender is eligible for this
alternative and that the offender and the community will benefit from
the use of the alternative, the judge may waive imposition of a
sentence within the standard sentence range and impose a sentence that
must include a period of total confinement in a state facility for one-half of the midpoint of the standard sentence range. During
incarceration in the state facility, offenders sentenced under this
subsection shall undergo a comprehensive substance abuse assessment and
receive, within available resources, treatment services appropriate for
the offender. The treatment services shall be designed by the division
of alcohol and substance abuse of the department of social and health
services, in cooperation with the department of corrections.
The court shall also impose:
(a) The remainder of the midpoint of the standard range as a term
of community custody which must include appropriate substance abuse
treatment in a program that has been approved by the division of
alcohol and substance abuse of the department of social and health
services;
(b) Crime-related prohibitions including a condition not to use
illegal controlled substances;
(c) A requirement to submit to urinalysis or other testing to
monitor that status; and
(d) A term of community custody pursuant to RCW 9.94A.715 to be
imposed upon failure to complete or administrative termination from the
special drug offender sentencing alternative program.
The court may prohibit the offender from using alcohol or
controlled substances and may require that the monitoring for
controlled substances be conducted by the department or by a treatment
alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars
per month while on community custody to offset the cost of monitoring.
In addition, the court shall impose three or more of the following
conditions:
(i) Devote time to a specific employment or training;
(ii) Remain within prescribed geographical boundaries and notify
the court or the community corrections officer before any change in the
offender's address or employment;
(iii) Report as directed to a community corrections officer;
(iv) Pay all court-ordered legal financial obligations;
(v) Perform community restitution work;
(vi) Stay out of areas designated by the sentencing court;
(vii) Such other conditions as the court may require such as
affirmative conditions.
(3) If the offender violates any of the sentence conditions in
subsection (2) of this section or is found by the United States
attorney general to be subject to a deportation order, a violation
hearing shall be held by the department unless waived by the offender.
(a) If the department finds that conditions have been willfully
violated, the offender may be reclassified to serve the remaining
balance of the original sentence.
(b) If the department finds that the offender is subject to a valid
deportation order, the department may administratively terminate the
offender from the program and reclassify the offender to serve the
remaining balance of the original sentence.
(4) The department shall determine the rules for calculating the
value of a day fine based on the offender's income and reasonable
obligations which the offender has for the support of the offender and
any dependents. These rules shall be developed in consultation with
the ((administrator for)) administrative office of the courts, the
office of financial management, and the commission.
(5) An offender who fails to complete the special drug offender
sentencing alternative program or who is administratively terminated
from the program 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. An offender who
violates any conditions of supervision as defined by the department
shall be sanctioned. Sanctions may include, but are not limited to,
reclassifying the offender to serve the unexpired term of his or her
sentence as ordered by the sentencing court. If an offender is
reclassified to serve the unexpired term of his or her sentence, the
offender shall be subject to all rules relating to earned release time.
Sec. 20 RCW 9.94A.660 and 2002 c 290 s 20 and 2002 c 175 s 10 are
each reenacted and amended to read as follows:
(1) An offender is eligible for the special drug offender
sentencing alternative if:
(a) The offender is convicted of a felony that is not a violent
offense or sex offense and the violation does not involve a sentence
enhancement under RCW 9.94A.533 (3) or (4);
(b) The offender has no current or prior convictions for a sex
offense or violent offense in this state, another state, or the United
States;
(c) For 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, the offense involved only a small quantity of
the particular controlled substance as determined by the judge upon
consideration of such factors as the weight, purity, packaging, sale
price, and street value of the controlled substance; and
(d) The offender has not been found by the United States attorney
general to be subject to a deportation detainer or order and does not
become subject to a deportation order during the period of the
sentence.
(2) If the standard sentence range is greater than one year and the
sentencing court determines that the offender is eligible for this
alternative and that the offender and the community will benefit from
the use of the alternative, the judge may waive imposition of a
sentence within the standard sentence range and impose a sentence that
must include a period of total confinement in a state facility for one-half of the midpoint of the standard sentence range. During
incarceration in the state facility, offenders sentenced under this
subsection shall undergo a comprehensive substance abuse assessment and
receive, within available resources, treatment services appropriate for
the offender. The treatment services shall be designed by the division
of alcohol and substance abuse of the department of social and health
services, in cooperation with the department of corrections.
The court shall also impose:
(a) The remainder of the midpoint of the standard range as a term
of community custody which must include appropriate substance abuse
treatment in a program that has been approved by the division of
alcohol and substance abuse of the department of social and health
services;
(b) Crime-related prohibitions including a condition not to use
illegal controlled substances;
(c) A requirement to submit to urinalysis or other testing to
monitor that status; and
(d) A term of community custody pursuant to RCW 9.94A.715 to be
imposed upon failure to complete or administrative termination from the
special drug offender sentencing alternative program.
The court may prohibit the offender from using alcohol or
controlled substances and may require that the monitoring for
controlled substances be conducted by the department or by a treatment
alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars
per month while on community custody to offset the cost of monitoring.
In addition, the court shall impose three or more of the following
conditions:
(i) Devote time to a specific employment or training;
(ii) Remain within prescribed geographical boundaries and notify
the court or the community corrections officer before any change in the
offender's address or employment;
(iii) Report as directed to a community corrections officer;
(iv) Pay all court-ordered legal financial obligations;
(v) Perform community restitution work;
(vi) Stay out of areas designated by the sentencing court;
(vii) Such other conditions as the court may require such as
affirmative conditions.
(3) If the offender violates any of the sentence conditions in
subsection (2) of this section or is found by the United States
attorney general to be subject to a deportation order, a violation
hearing shall be held by the department unless waived by the offender.
(a) If the department finds that conditions have been willfully
violated, the offender may be reclassified to serve the remaining
balance of the original sentence.
(b) If the department finds that the offender is subject to a valid
deportation order, the department may administratively terminate the
offender from the program and reclassify the offender to serve the
remaining balance of the original sentence.
(4) The department shall determine the rules for calculating the
value of a day fine based on the offender's income and reasonable
obligations which the offender has for the support of the offender and
any dependents. These rules shall be developed in consultation with
the ((administrator for)) administrative office of the courts, the
office of financial management, and the commission.
(5) An offender who fails to complete the special drug offender
sentencing alternative program or who is administratively terminated
from the program 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. An offender who
violates any conditions of supervision as defined by the department
shall be sanctioned. Sanctions may include, but are not limited to,
reclassifying the offender to serve the unexpired term of his or her
sentence as ordered by the sentencing court. If an offender is
reclassified to serve the unexpired term of his or her sentence, the
offender shall be subject to all rules relating to earned release time.
Sec. 21 RCW 9.94A.850 and 2002 c 237 s 16 and 2002 c 175 s 16 are
each reenacted and amended to read as follows:
(1) A sentencing guidelines commission is established as an agency
of state government.
(2) The legislature finds that the commission, having accomplished
its original statutory directive to implement this chapter, and having
expertise in sentencing practice and policies, shall:
(a) Evaluate state sentencing policy, to include whether the
sentencing ranges and standards are consistent with and further:
(i) The purposes of this chapter as defined in RCW 9.94A.010; and
(ii) The intent of the legislature to emphasize confinement for the
violent offender and alternatives to confinement for the nonviolent
offender.
The commission shall provide the governor and the legislature with
its evaluation and recommendations under this subsection not later than
December 1, 1996, and every two years thereafter;
(b) Recommend to the legislature revisions or modifications to the
standard sentence ranges, state sentencing policy, prosecuting
standards, and other standards. If implementation of the revisions or
modifications would result in exceeding the capacity of correctional
facilities, then the commission shall accompany its recommendation with
an additional list of standard sentence ranges which are consistent
with correction capacity;
(c) Study the existing criminal code and from time to time make
recommendations to the legislature for modification;
(d)(i) Serve as a clearinghouse and information center for the
collection, preparation, analysis, and dissemination of information on
state and local adult and juvenile sentencing practices; (ii) develop
and maintain a computerized adult and juvenile sentencing information
system by individual superior court judge consisting of offender,
offense, history, and sentence information entered from judgment and
sentence forms for all adult felons; and (iii) conduct ongoing research
regarding adult and juvenile sentencing guidelines, use of total
confinement and alternatives to total confinement, plea bargaining, and
other matters relating to the improvement of the adult criminal justice
system and the juvenile justice system;
(e) Assume the powers and duties of the juvenile disposition
standards commission after June 30, 1996;
(f) Evaluate the effectiveness of existing disposition standards
and related statutes in implementing policies set forth in RCW
13.40.010 generally, specifically review the guidelines relating to the
confinement of minor and first-time offenders as well as the use of
diversion, and review the application of current and proposed juvenile
sentencing standards and guidelines for potential adverse impacts on
the sentencing outcomes of racial and ethnic minority youth;
(g) Solicit the comments and suggestions of the juvenile justice
community concerning disposition standards, and make recommendations to
the legislature regarding revisions or modifications of the standards.
The evaluations shall be submitted to the legislature on December 1 of
each odd-numbered year. The department of social and health services
shall provide the commission with available data concerning the
implementation of the disposition standards and related statutes and
their effect on the performance of the department's responsibilities
relating to juvenile offenders, and with recommendations for
modification of the disposition standards. The administrative office
of the ((administrator for the)) courts shall provide the commission
with available data on diversion, including the use of youth court
programs, and dispositions of juvenile offenders under chapter 13.40
RCW; and
(h) Not later than December 1, 1997, and at least every two years
thereafter, based on available information, report to the governor and
the legislature on:
(i) Racial disproportionality in juvenile and adult sentencing,
and, if available, the impact that diversions, such as youth courts,
have on racial disproportionality in juvenile prosecution,
adjudication, and sentencing;
(ii) The capacity of state and local juvenile and adult facilities
and resources; and
(iii) Recidivism information on adult and juvenile offenders.
(3) Each of the commission's recommended standard sentence ranges
shall include one or more of the following: Total confinement, partial
confinement, community supervision, community restitution, and a fine.
(4) The standard sentence ranges of total and partial confinement
under this chapter are subject to the following limitations:
(a) If the maximum term in the range is one year or less, the
minimum term in the range shall be no less than one-third of the
maximum term in the range, except that if the maximum term in the range
is ninety days or less, the minimum term may be less than one-third of
the maximum;
(b) If the maximum term in the range is greater than one year, the
minimum term in the range shall be no less than seventy-five percent of
the maximum term in the range, except that for murder in the second
degree in seriousness level XIV under RCW 9.94A.510, the minimum term
in the range shall be no less than fifty percent of the maximum term in
the range; and
(c) The maximum term of confinement in a range may not exceed the
statutory maximum for the crime as provided in RCW 9A.20.021.
(5)(a) Not later than December 31, 1999, the commission shall
propose to the legislature the initial community custody ranges to be
included in sentences under RCW 9.94A.715 for crimes committed on or
after July 1, 2000. Not later than December 31 of each year, the
commission may propose modifications to the ranges. The ranges shall
be based on the principles in RCW 9.94A.010, and shall take into
account the funds available to the department for community custody.
The minimum term in each range shall not be less than one-half of the
maximum term.
(b) The legislature may, by enactment of a legislative bill, adopt
or modify the community custody ranges proposed by the commission. If
the legislature fails to adopt or modify the initial ranges in its next
regular session after they are proposed, the proposed ranges shall take
effect without legislative approval for crimes committed on or after
July 1, 2000.
(c) When the commission proposes modifications to ranges pursuant
to this subsection, the legislature may, by enactment of a bill, adopt
or modify the ranges proposed by the commission for crimes committed on
or after July 1 of the year after they were proposed. Unless the
legislature adopts or modifies the commission's proposal in its next
regular session, the proposed ranges shall not take effect.
(6) The commission shall exercise its duties under this section in
conformity with chapter 34.05 RCW.
Sec. 22 RCW 9.94A.850 and 2002 c 290 s 22, 2002 c 237 s 16, and
2002 c 175 s 16 are each reenacted and amended to read as follows:
(1) A sentencing guidelines commission is established as an agency
of state government.
(2) The legislature finds that the commission, having accomplished
its original statutory directive to implement this chapter, and having
expertise in sentencing practice and policies, shall:
(a) Evaluate state sentencing policy, to include whether the
sentencing ranges and standards are consistent with and further:
(i) The purposes of this chapter as defined in RCW 9.94A.010; and
(ii) The intent of the legislature to emphasize confinement for the
violent offender and alternatives to confinement for the nonviolent
offender.
The commission shall provide the governor and the legislature with
its evaluation and recommendations under this subsection not later than
December 1, 1996, and every two years thereafter;
(b) Recommend to the legislature revisions or modifications to the
standard sentence ranges, state sentencing policy, prosecuting
standards, and other standards. If implementation of the revisions or
modifications would result in exceeding the capacity of correctional
facilities, then the commission shall accompany its recommendation with
an additional list of standard sentence ranges which are consistent
with correction capacity;
(c) Study the existing criminal code and from time to time make
recommendations to the legislature for modification;
(d)(i) Serve as a clearinghouse and information center for the
collection, preparation, analysis, and dissemination of information on
state and local adult and juvenile sentencing practices; (ii) develop
and maintain a computerized adult and juvenile sentencing information
system by individual superior court judge consisting of offender,
offense, history, and sentence information entered from judgment and
sentence forms for all adult felons; and (iii) conduct ongoing research
regarding adult and juvenile sentencing guidelines, use of total
confinement and alternatives to total confinement, plea bargaining, and
other matters relating to the improvement of the adult criminal justice
system and the juvenile justice system;
(e) Assume the powers and duties of the juvenile disposition
standards commission after June 30, 1996;
(f) Evaluate the effectiveness of existing disposition standards
and related statutes in implementing policies set forth in RCW
13.40.010 generally, specifically review the guidelines relating to the
confinement of minor and first-time offenders as well as the use of
diversion, and review the application of current and proposed juvenile
sentencing standards and guidelines for potential adverse impacts on
the sentencing outcomes of racial and ethnic minority youth;
(g) Solicit the comments and suggestions of the juvenile justice
community concerning disposition standards, and make recommendations to
the legislature regarding revisions or modifications of the standards.
The evaluations shall be submitted to the legislature on December 1 of
each odd-numbered year. The department of social and health services
shall provide the commission with available data concerning the
implementation of the disposition standards and related statutes and
their effect on the performance of the department's responsibilities
relating to juvenile offenders, and with recommendations for
modification of the disposition standards. The administrative office
of the ((administrator for the)) courts shall provide the commission
with available data on diversion, including the use of youth court
programs, and dispositions of juvenile offenders under chapter 13.40
RCW; and
(h) Not later than December 1, 1997, and at least every two years
thereafter, based on available information, report to the governor and
the legislature on:
(i) Racial disproportionality in juvenile and adult sentencing,
and, if available, the impact that diversions, such as youth courts,
have on racial disproportionality in juvenile prosecution,
adjudication, and sentencing;
(ii) The capacity of state and local juvenile and adult facilities
and resources; and
(iii) Recidivism information on adult and juvenile offenders.
(3) Each of the commission's recommended standard sentence ranges
shall include one or more of the following: Total confinement, partial
confinement, community supervision, community restitution, and a fine.
(4) The standard sentence ranges of total and partial confinement
under this chapter, except as provided in RCW 9.94A.517, are subject to
the following limitations:
(a) If the maximum term in the range is one year or less, the
minimum term in the range shall be no less than one-third of the
maximum term in the range, except that if the maximum term in the range
is ninety days or less, the minimum term may be less than one-third of
the maximum;
(b) If the maximum term in the range is greater than one year, the
minimum term in the range shall be no less than seventy-five percent of
the maximum term in the range, except that for murder in the second
degree in seriousness level XIV under RCW 9.94A.510, the minimum term
in the range shall be no less than fifty percent of the maximum term in
the range; and
(c) The maximum term of confinement in a range may not exceed the
statutory maximum for the crime as provided in RCW 9A.20.021.
(5)(a) Not later than December 31, 1999, the commission shall
propose to the legislature the initial community custody ranges to be
included in sentences under RCW 9.94A.715 for crimes committed on or
after July 1, 2000. Not later than December 31 of each year, the
commission may propose modifications to the ranges. The ranges shall
be based on the principles in RCW 9.94A.010, and shall take into
account the funds available to the department for community custody.
The minimum term in each range shall not be less than one-half of the
maximum term.
(b) The legislature may, by enactment of a legislative bill, adopt
or modify the community custody ranges proposed by the commission. If
the legislature fails to adopt or modify the initial ranges in its next
regular session after they are proposed, the proposed ranges shall take
effect without legislative approval for crimes committed on or after
July 1, 2000.
(c) When the commission proposes modifications to ranges pursuant
to this subsection, the legislature may, by enactment of a bill, adopt
or modify the ranges proposed by the commission for crimes committed on
or after July 1 of the year after they were proposed. Unless the
legislature adopts or modifies the commission's proposal in its next
regular session, the proposed ranges shall not take effect.
(6) The commission shall exercise its duties under this section in
conformity with chapter 34.05 RCW.
Sec. 23 RCW 9.94A.855 and 1999 c 143 s 10 are each amended to
read as follows:
The commission shall appoint a research staff of sufficient size
and with sufficient resources to accomplish its duties. The commission
may request from the office of financial management, the indeterminate
sentence review board, ((administrator for)) the administrative office
of the courts, the department of corrections, and the department of
social and health services such data, information, and data processing
assistance as it may need to accomplish its duties, and such services
shall be provided without cost to the commission. The commission shall
adopt its own bylaws.
The salary for a full-time executive officer, if any, shall be
fixed by the governor pursuant to RCW 43.03.040.
Sec. 24 1983 c 199 s 2 (uncodified) is amended to read as
follows:
The administrative office of the ((administrator for the)) courts
shall notify all courts of the requirements contained in RCW 10.40.200.
The judicial council shall recommend to the supreme court appropriate
court rules to ensure compliance with the requirements of RCW
10.40.200. Until court rules are promulgated, the administrative
office of the ((administrator for the)) courts shall develop and
distribute forms necessary for the courts to comply with RCW 10.40.200.
Sec. 25 RCW 10.64.120 and 1996 c 298 s 6 are each amended to read
as follows:
(1) Every judge of a court of limited jurisdiction shall have the
authority to levy upon a person a monthly assessment not to exceed one
hundred dollars for services provided whenever the person is referred
by the court to the misdemeanant probation department for evaluation or
supervision services. The assessment may also be made by a judge in
superior court when such misdemeanor or gross misdemeanor cases are
heard in the superior court.
(2) For the purposes of this section the administrative office of
the ((administrator for the)) courts shall define a probation
department and adopt rules for the qualifications of probation officers
based on occupational and educational requirements developed by an
oversight committee. This oversight committee shall include a
representative from the district and municipal court judges
association, the misdemeanant corrections association, the
administrative office of the ((administrator for the)) courts, and
associations of cities and counties. The oversight committee shall
consider qualifications that provide the training and education
necessary to (a) conduct presentencing and postsentencing background
investigations, including sentencing recommendations to the court
regarding jail terms, alternatives to incarceration, and conditions of
release; and (b) provide ongoing supervision and assessment of
offenders' needs and the risk they pose to the community.
(3) It shall be the responsibility of the probation services office
to implement local procedures approved by the court of limited
jurisdiction to ensure collection and payment of such fees into the
general fund of the city or county treasury.
(4) Revenues raised under this section shall be used to fund
programs for probation services and shall be in addition to those funds
provided in RCW 3.62.050.
Sec. 26 RCW 10.98.080 and 1985 c 201 s 3 are each amended to read
as follows:
The section shall promptly furnish a state identification number to
the originating agency and to the prosecuting attorney who received a
copy of the arrest and fingerprint form. In the case of juvenile
felony-like adjudications, the section shall furnish, upon request, the
state identification number to the juvenile information section of the
((administrator for)) administrative office of the courts.
Sec. 27 RCW 10.98.100 and 1985 c 201 s 5 are each amended to read
as follows:
The section shall administer a compliance audit at least once
annually for each prosecuting attorney, district and municipal court,
and originating agency to ensure that all disposition reports have been
received and added to the criminal offender record information
described in RCW 43.43.705. The section shall prepare listings of all
arrests charged and listed in the criminal offender record information
for which no disposition report has been received and which has been
outstanding for more than nine months since the date of arrest. Each
prosecuting attorney, district and municipal court, and originating
agency shall be furnished a list of outstanding disposition reports.
Cases pending prosecution shall be considered outstanding dispositions
in the compliance audit. Within forty-five days, the prosecuting
attorney, district and municipal court, and originating agency shall
provide the section with a current disposition report for each
outstanding disposition. The section shall assist prosecuting
attorneys with the compliance audit by cross-checking outstanding cases
with the ((administrator for)) administrative office of the courts and
the department of corrections. The section may provide technical
assistance to prosecuting attorneys, district or municipal courts, or
originating agencies for their compliance audits. The results of
compliance audits shall be published annually and distributed to
legislative committees dealing with criminal justice issues, the office
of financial management, and criminal justice agencies and
associations.
Sec. 28 RCW 10.98.160 and 1999 c 143 s 53 are each amended to
read as follows:
In the development and modification of the procedures, definitions,
and reporting capabilities of the section, the department, the office
of financial management, and the responsible agencies and persons shall
consider the needs of other criminal justice agencies such as the
((administrator for)) administrative office of the courts, local law
enforcement agencies, jailers, the sentencing guidelines commission,
the indeterminate sentence review board, the clemency board,
prosecuting attorneys, and affected state agencies such as the office
of financial management and legislative committees dealing with
criminal justice issues. An executive committee appointed by the heads
of the department, the Washington state patrol, and the office of
financial management shall review and provide recommendations for
development and modification of the section, the department, and the
office of financial management's felony criminal information systems.
Sec. 29 RCW 13.34.102 and 2000 c 124 s 3 are each amended to read
as follows:
(1) All guardians ad litem must comply with the training
requirements established under RCW 2.56.030(15), prior to their
appointment in cases under Title 13 RCW, except that volunteer
guardians ad litem or court-appointed special advocates may comply with
alternative training requirements approved by the administrative office
of the ((administrator for the)) courts that meet or exceed the
statewide requirements.
(2)(a) Each guardian ad litem program for compensated guardians ad
litem shall establish a rotational registry system for the appointment
of guardians ad litem. If a judicial district does not have a program
the court shall establish the rotational registry system. Guardians ad
litem shall be selected from the registry except in exceptional
circumstances as determined and documented by the court. The parties
may make a joint recommendation for the appointment of a guardian ad
litem from the registry.
(b) In judicial districts with a population over one hundred
thousand, a list of three names shall be selected from the registry and
given to the parties along with the background information as specified
in RCW 13.34.100(3), including their hourly rate for services. Each
party may, within three judicial days, strike one name from the list.
If more than one name remains on the list, the court shall make the
appointment from the names on the list. In the event all three names
are stricken the person whose name appears next on the registry shall
be appointed.
(c) If a party reasonably believes that the appointed guardian ad
litem lacks the necessary expertise for the proceeding, charges an
hourly rate higher than what is reasonable for the particular
proceeding, or has a conflict of interest, the party may, within three
judicial days from the appointment, move for substitution of the
appointed guardian ad litem by filing a motion with the court.
(d) The superior court shall remove any person from the guardian ad
litem registry who misrepresents his or her qualifications pursuant to
a grievance procedure established by the court.
(3) The rotational registry system shall not apply to court-appointed special advocate programs.
Sec. 30 RCW 13.64.080 and 1993 c 294 s 8 are each amended to read
as follows:
The administrative office of the ((administrator for the)) courts
shall prepare and distribute to the county court clerks appropriate
forms for minors seeking to initiate a petition of emancipation.
Sec. 31 RCW 13.70.130 and 1989 1st ex.s. c 17 s 15 are each
amended to read as follows:
The ((administrator for)) administrative office of the courts may
apply for and receive funds from federal, local, and private sources
for carrying out the purposes of this chapter.
Sec. 32 RCW 26.12.177 and 2000 c 124 s 7 are each amended to read
as follows:
(1) All guardians ad litem and investigators appointed under this
title must comply with the training requirements established under RCW
2.56.030(15), prior to their appointment in cases under Title 26 RCW,
except that volunteer guardians ad litem or court-appointed special
advocates may comply with alternative training requirements approved by
the administrative office of the ((administrator for the)) courts that
meet or exceed the statewide requirements.
(2)(a) Each guardian ad litem program for compensated guardians ad
litem shall establish a rotational registry system for the appointment
of guardians ad litem and investigators under this title. If a
judicial district does not have a program the court shall establish the
rotational registry system. Guardians ad litem and investigators under
this title shall be selected from the registry except in exceptional
circumstances as determined and documented by the court. The parties
may make a joint recommendation for the appointment of a guardian ad
litem from the registry.
(b) In judicial districts with a population over one hundred
thousand, a list of three names shall be selected from the registry and
given to the parties along with the background information as specified
in RCW 26.12.175(3), including their hourly rate for services. Each
party may, within three judicial days, strike one name from the list.
If more than one name remains on the list, the court shall make the
appointment from the names on the list. In the event all three names
are stricken the person whose name appears next on the registry shall
be appointed.
(c) If a party reasonably believes that the appointed guardian ad
litem lacks the necessary expertise for the proceeding, charges an
hourly rate higher than what is reasonable for the particular
proceeding, or has a conflict of interest, the party may, within three
judicial days from the appointment, move for substitution of the
appointed guardian ad litem by filing a motion with the court.
(d) Under this section, within either registry referred to in (a)
of this subsection, a subregistry may be created that consists of
guardians ad litem under contract with the department of social and
health services' division of child support. Guardians ad litem on such
a subregistry shall be selected and appointed in state-initiated
paternity cases only.
(e) The superior court shall remove any person from the guardian ad
litem registry who misrepresents his or her qualifications pursuant to
a grievance procedure established by the court.
(3) The rotational registry system shall not apply to court-appointed special advocate programs.
Sec. 33 RCW 26.12.802 and 1999 c 397 s 2 are each amended to read
as follows:
The ((administrator for)) administrative office of the courts shall
conduct a unified family court pilot program.
(1) Pilot program sites shall be selected through a request for
proposal process, and shall be established in no more than three
superior court judicial districts.
(2) To be eligible for consideration as a pilot project site,
judicial districts must have a statutorily authorized judicial
complement of at least five judges.
(3) The ((administrator for)) administrative office of the courts
shall develop criteria for the unified family court pilot program. The
pilot program shall include:
(a) All case types under Title 13 RCW, chapters 26.09, 26.10,
26.12, 26.18, 26.19, 26.20, 26.26, 26.50, 26.27, and 28A.225 RCW;
(b) Unified family court judicial officers, who volunteer for the
program, and meet training requirements established by local court
rule;
(c) Case management practices that provide a flexible response to
the diverse court-related needs of families involved in multiple areas
of the justice system. Case management practices should result in a
reduction in process redundancies and an efficient use of time and
resources, and create a system enabling multiple case type resolution
by one judicial officer or judicial team;
(d) A court facilitator to provide assistance to parties with
matters before the unified family court; and
(e) An emphasis on providing nonadversarial methods of dispute
resolution such as a settlement conference, evaluative mediation by
attorney mediators, and facilitative mediation by nonattorney
mediators.
(4) The administrative office of the ((administrator for the))
courts shall publish and disseminate a state-approved listing of
definitions of nonadversarial methods of dispute resolution so that
court officials, practitioners, and users can choose the most
appropriate process for the matter at hand.
(5) The administrative office of the ((administrator for the))
courts shall provide to the judicial districts selected for the pilot
program the computer resources needed by each judicial district to
implement the unified family court pilot program.
(6) The administrative office of the ((administrator for the))
courts shall conduct a study of the pilot program measuring
improvements in the judicial system's response to family involvement in
the judicial system. The administrator for the courts shall report
preliminary findings and final results of the study to the governor,
the chief justice of the supreme court, and the legislature on a
biennial basis. The initial report is due by July 1, 2000, and the
final report is due by December 1, 2004.
Sec. 34 RCW 26.12.804 and 1999 c 397 s 3 are each amended to read
as follows:
The judges of the superior court judicial districts with unified
family court pilot programs shall adopt local court rules directing the
program. The local court rules shall comply with the criteria
established by the ((administrator for)) administrative office of the
courts and shall include:
(1) A requirement that all judicial officers hearing cases in
unified family court:
(a) Complete an initial training program including the topic areas
of childhood development, domestic violence, cultural awareness, child
abuse and neglect, chemical dependency, and mental illness; and
(b) Subsequent to the training in (a) of this subsection, annually
attend a minimum of eight hours of continuing education of pertinence
to the unified family court;
(2) Case management that is based on the practice of one judge or
judicial team handling all matters relating to a family;
(3) An emphasis on coordinating or consolidating, to the extent
possible, all cases before the unified family court relating to a
family; and
(4) Programs that provide for record confidentiality to protect the
confidentiality of court records in accordance with the law. However
law enforcement agencies shall have access to the records to the extent
permissible under the law.
Sec. 35 RCW 26.18.210 and 1990 1st ex.s. c 2 s 22 are each
amended to read as follows:
(1) The ((administrator for)) administrative office of the courts
shall develop a child support order summary report form to provide for
the reporting of summary information in every case in which a child
support order is entered or modified either judicially or
administratively. The ((administrator for)) administrative office of
the courts shall attempt to the greatest extent possible to make the
form simple and understandable by the parties. The form shall indicate
the following:
(a) The county in which the order was entered and the cause number;
(b) Whether it was a judicial or administrative order;
(c) Whether the order is an original order or from a modification;
(d) The number of children of the parties and the children's ages;
(e) The combined monthly net income of parties;
(f) The monthly net income of the father as determined by the
court;
(g) The monthly net income of the mother as determined by the
court;
(h) The basic child support obligation for each child as determined
from the economic table;
(i) Whether or not the court deviated from the child support for
each child;
(j) The reason or reasons stated by the court for the deviation;
(k) The amount of child support after the deviation;
(l) Any amount awarded for day care;
(m) Any other extraordinary amounts in the order;
(n) Any amount ordered for postsecondary education;
(o) The total amount of support ordered;
(p) In the case of a modification, the amount of support in the
previous order;
(q) If the change in support was in excess of thirty percent,
whether the change was phased in;
(r) The amount of the transfer payment ordered;
(s) Which parent was ordered to make the transfer payment; and
(t) The date of the entry of the order.
(2) The ((administrator for)) administrative office of the courts
shall make the form available to the parties.
Sec. 36 RCW 26.18.220 and 1992 c 229 s 5 are each amended to read
as follows:
(1) The ((administrator for)) administrative office of the courts
shall develop not later than July 1, 1991, standard court forms and
format rules for mandatory use by litigants in all actions commenced
under chapters 26.09, 26.10, and 26.26 RCW effective January 1, 1992.
The administrator for the courts shall develop mandatory forms for
financial affidavits for integration into the worksheets. The forms
shall be developed and approved not later than September 1, 1992. The
parties shall use the mandatory form for financial affidavits for
actions commenced on or after September 1, 1992. The ((administrator
for)) administrative office of the courts has continuing responsibility
to develop and revise mandatory forms and format rules as appropriate.
(2) A party may delete unnecessary portions of the forms according
to the rules established by the ((administrator for)) administrative
office of the courts. A party may supplement the mandatory forms with
additional material.
(3) A party's failure to use the mandatory forms or follow the
format rules shall not be a reason to dismiss a case, refuse a filing,
or strike a pleading. However, the court may require the party to
submit a corrected pleading and may impose terms payable to the
opposing party or payable to the court, or both.
(4) The ((administrator for)) administrative office of the courts
shall distribute a master copy of the forms to all county court clerks.
The ((administrator for)) administrative office of the courts and
county clerks shall distribute the mandatory forms to the public upon
request and may charge for the cost of production and distribution of
the forms. Private vendors may distribute the mandatory forms.
Distribution may be in printed or electronic form.
Sec. 37 RCW 26.19.011 and 1991 sp.s. c 28 s 4 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Basic child support obligation" means the monthly child
support obligation determined from the economic table based on the
parties' combined monthly net income and the number of children for
whom support is owed.
(2) "Child support schedule" means the standards, economic table,
worksheets, and instructions, as defined in this chapter.
(3) "Court" means a superior court judge, court commissioner, and
presiding and reviewing officers who administratively determine or
enforce child support orders.
(4) "Deviation" means a child support amount that differs from the
standard calculation.
(5) "Economic table" means the child support table for the basic
support obligation provided in RCW 26.19.020.
(6) "Instructions" means the instructions developed by the
administrative office of the ((administrator for the)) courts pursuant
to RCW 26.19.050 for use in completing the worksheets.
(7) "Standards" means the standards for determination of child
support as provided in this chapter.
(8) "Standard calculation" means the presumptive amount of child
support owed as determined from the child support schedule before the
court considers any reasons for deviation.
(9) "Support transfer payment" means the amount of money the court
orders one parent to pay to another parent or custodian for child
support after determination of the standard calculation and deviations.
If certain expenses or credits are expected to fluctuate and the order
states a formula or percentage to determine the additional amount or
credit on an ongoing basis, the term "support transfer payment" does
not mean the additional amount or credit.
(10) "Worksheets" means the forms developed by the administrative
office of the ((administrator for the)) courts pursuant to RCW
26.19.050 for use in determining the amount of child support.
Sec. 38 RCW 26.19.035 and 1992 c 229 s 6 are each amended to read
as follows:
(1) Application of the child support schedule. The child support
schedule shall be applied:
(a) In each county of the state;
(b) In judicial and administrative proceedings under this title or
Title 13 or 74 RCW;
(c) In all proceedings in which child support is determined or
modified;
(d) In setting temporary and permanent support;
(e) In automatic modification provisions or decrees entered
pursuant to RCW 26.09.100; and
(f) In addition to proceedings in which child support is determined
for minors, to adult children who are dependent on their parents and
for whom support is ordered pursuant to RCW 26.09.100.
The provisions of this chapter for determining child support and
reasons for deviation from the standard calculation shall be applied in
the same manner by the court, presiding officers, and reviewing
officers.
(2) Written findings of fact supported by the evidence. An order
for child support shall be supported by written findings of fact upon
which the support determination is based and shall include reasons for
any deviation from the standard calculation and reasons for denial of
a party's request for deviation from the standard calculation. The
court shall enter written findings of fact in all cases whether or not
the court: (a) Sets the support at the presumptive amount, for
combined monthly net incomes below five thousand dollars; (b) sets the
support at an advisory amount, for combined monthly net incomes between
five thousand and seven thousand dollars; or (c) deviates from the
presumptive or advisory amounts.
(3) Completion of worksheets. Worksheets in the form developed by
the administrative office of the ((administrator for the)) courts shall
be completed under penalty of perjury and filed in every proceeding in
which child support is determined. The court shall not accept
incomplete worksheets or worksheets that vary from the worksheets
developed by the administrative office of the ((administrator for the))
courts.
(4) Court review of the worksheets and order. The court shall
review the worksheets and the order setting support for the adequacy of
the reasons set forth for any deviation or denial of any request for
deviation and for the adequacy of the amount of support ordered. Each
order shall state the amount of child support calculated using the
standard calculation and the amount of child support actually ordered.
Worksheets shall be attached to the decree or order or if filed
separately shall be initialed or signed by the judge and filed with the
order.
Sec. 39 RCW 26.19.050 and 1990 1st ex.s. c 2 s 5 are each amended
to read as follows:
(1) The ((administrator for)) administrative office of the courts
shall develop and adopt worksheets and instructions to assist the
parties and courts in establishing the appropriate child support level
and apportionment of support. The ((administrator for)) administrative
office of the courts shall attempt to the greatest extent possible to
make the worksheets and instructions understandable by persons who are
not represented by legal counsel.
(2) The ((administrator for)) administrative office of the courts
shall develop and adopt standards for the printing of worksheets and
shall establish a process for certifying printed worksheets. The
administrator may maintain a register of sources for approved
worksheets.
(3) The ((administrator for)) administrative office of the courts
should explore methods to assist pro se parties and judges in the
courtroom to calculate support payments through automated software,
equipment, or personal assistance.
Sec. 40 RCW 26.26.065 and 1992 c 229 s 7 are each amended to read
as follows:
(1) Effective January 1, 1992, a party shall not file any pleading
with the clerk of the court in an action commenced under this chapter
unless on forms approved by the ((administrator for)) administrative
office of the courts.
(2) The parties shall comply with requirements for submission to
the court of forms as provided in RCW 26.18.220.
Sec. 41 RCW 26.50.030 and 1996 c 248 s 12 are each amended to
read as follows:
There shall exist an action known as a petition for an order for
protection in cases of domestic violence.
(1) A petition for relief shall allege the existence of domestic
violence, and shall be accompanied by an affidavit made under oath
stating the specific facts and circumstances from which relief is
sought. Petitioner and respondent shall disclose the existence of any
other litigation concerning the custody or residential placement of a
child of the parties as set forth in RCW ((26.27.090)) 26.27.281 and
the existence of any other restraining, protection, or no-contact
orders between the parties.
(2) A petition for relief may be made regardless of whether or not
there is a pending lawsuit, complaint, petition, or other action
between the parties except in cases where the court realigns petitioner
and respondent in accordance with RCW 26.50.060(4).
(3) Within ninety days of receipt of the master copy from the
((administrator for)) administrative office of the courts, all court
clerk's offices shall make available the standardized forms,
instructions, and informational brochures required by RCW 26.50.035 and
shall fill in and keep current specific program names and telephone
numbers for community resources. Any assistance or information
provided by clerks under this section does not constitute the practice
of law and clerks are not responsible for incorrect information
contained in a petition.
(4) No filing fee may be charged for proceedings under this
section. Forms and instructional brochures shall be provided free of
charge.
(5) A person is not required to post a bond to obtain relief in any
proceeding under this section.
Sec. 42 RCW 26.50.035 and 2000 c 119 s 14 are each amended to
read as follows:
(1) The ((administrator for)) administrative office of the courts
shall develop and prepare instructions and informational brochures
required under RCW 26.50.030(4), standard petition and order for
protection forms, and a court staff handbook on domestic violence and
the protection order process. The standard petition and order for
protection forms must be used after September 1, 1994, for all
petitions filed and orders issued under this chapter. The
instructions, brochures, forms, and handbook shall be prepared in
consultation with interested persons, including a representative of the
state domestic violence coalition, judges, and law enforcement
personnel.
(a) The instructions shall be designed to assist petitioners in
completing the petition, and shall include a sample of standard
petition and order for protection forms.
(b) The informational brochure shall describe the use of and the
process for obtaining, modifying, and terminating a domestic violence
protection order as provided under this chapter, an antiharassment no-contact order as provided under chapter 9A.46 RCW, a domestic violence
no-contact order as provided under chapter 10.99 RCW, a restraining
order as provided under chapters 26.09, 26.10, 26.26, and 26.44 RCW, an
antiharassment protection order as provided by chapter 10.14 RCW, and
a foreign protection order as defined in chapter 26.52 RCW.
(c) The order for protection form shall include, in a conspicuous
location, notice of criminal penalties resulting from violation of the
order, and the following statement: "You can be arrested even if the
person or persons who obtained the order invite or allow you to violate
the order's prohibitions. The respondent has the sole responsibility
to avoid or refrain from violating the order's provisions. Only the
court can change the order upon written application."
(d) The court staff handbook shall allow for the addition of a
community resource list by the court clerk.
(2) All court clerks shall obtain a community resource list from a
domestic violence program, defined in RCW 70.123.020, serving the
county in which the court is located. The community resource list
shall include the names and telephone numbers of domestic violence
programs serving the community in which the court is located, including
law enforcement agencies, domestic violence agencies, sexual assault
agencies, legal assistance programs, interpreters, multicultural
programs, and batterers' treatment programs. The court shall make the
community resource list available as part of or in addition to the
informational brochures described in subsection (1) of this section.
(3) The ((administrator for)) administrative office of the courts
shall distribute a master copy of the petition and order forms,
instructions, and informational brochures to all court clerks and shall
distribute a master copy of the petition and order forms to all
superior, district, and municipal courts.
(4) For purposes of this section, "court clerks" means court
administrators in courts of limited jurisdiction and elected court
clerks.
(5) The ((administrator for)) administrative office of the courts
shall determine the significant non-English-speaking or limited
English-speaking populations in the state. The administrator shall
then arrange for translation of the instructions and informational
brochures required by this section, which shall contain a sample of the
standard petition and order for protection forms, into the languages
spoken by those significant non-English-speaking populations and shall
distribute a master copy of the translated instructions and
informational brochures to all court clerks by January 1, 1997.
(6) The ((administrator for)) administrative office of the courts
shall update the instructions, brochures, standard petition and order
for protection forms, and court staff handbook when changes in the law
make an update necessary.
Sec. 43 RCW 35.20.030 and 2000 c 111 s 7 are each amended to read
as follows:
The municipal court shall have jurisdiction to try violations of
all city ordinances and all other actions brought to enforce or recover
license penalties or forfeitures declared or given by any such
ordinances. It is empowered to forfeit cash bail or bail bonds and
issue execution thereon, to hear and determine all causes, civil or
criminal, arising under such ordinances, and to pronounce judgment in
accordance therewith: PROVIDED, That for a violation of the criminal
provisions of an ordinance no greater punishment shall be imposed than
a fine of five thousand dollars or imprisonment in the city jail not to
exceed one year, or both such fine and imprisonment, but the punishment
for any criminal ordinance shall be the same as the punishment provided
in state law for the same crime. All civil and criminal proceedings in
municipal court, and judgments rendered therein, shall be subject to
review in the superior court by writ of review or on appeal: PROVIDED,
That an appeal from the court's determination or order in a traffic
infraction proceeding may be taken only in accordance with RCW
46.63.090(5). Costs in civil and criminal cases may be taxed as
provided in district courts. A municipal court participating in the
program established by the administrative office of the ((administrator
for the)) courts pursuant to RCW 2.56.160 shall have jurisdiction to
take recognizance, approve bail, and arraign defendants held within its
jurisdiction on warrants issued by any court of limited jurisdiction
participating in the program.
Sec. 44 RCW 36.01.050 and 2000 c 244 s 1 are each amended to read
as follows:
(1) All actions against any county may be commenced in the superior
court of such county, or in the superior court of either of the two
nearest judicial districts. All actions by any county shall be
commenced in the superior court of the county in which the defendant
resides, or in either of the two judicial districts nearest to the
county bringing the action.
(2) The determination of the nearest judicial districts is measured
by the travel time between county seats using major surface routes, as
determined by the administrative office of the ((administrator for
the)) courts.
Sec. 45 RCW 36.18.018 and 1995 c 292 s 15 are each amended to
read as follows:
(1) State revenue collected by county clerks under subsection (2)
of this section must be transmitted to the appropriate state court.
The administrative office of the ((state administrator for the)) courts
shall retain fees collected under subsection (3) of this section.
(2) For appellate review under RAP 5.1(b), two hundred fifty
dollars must be charged.
(3) For all copies and reports produced by the ((administrator
for)) administrative office of the courts as permitted under RCW
2.68.020 and supreme court policy, a variable fee must be charged.
Sec. 46 RCW 43.08.250 and 2001 2nd sp.s. c 7 s 914 and 2001 c 289
s 4 are each reenacted and amended to read as follows:
The money received by the state treasurer from fees, fines,
forfeitures, penalties, reimbursements or assessments by any court
organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be
deposited in the public safety and education account which is hereby
created in the state treasury. The legislature shall appropriate the
funds in the account to promote traffic safety education, highway
safety, criminal justice training, crime victims' compensation,
judicial education, the judicial information system, civil
representation of indigent persons, winter recreation parking, drug
court operations, and state game programs. During the fiscal biennium
ending June 30, 2003, the legislature may appropriate moneys from the
public safety and education account for purposes of appellate indigent
defense and other operations of the office of public defense, the
criminal litigation unit of the attorney general's office, the
treatment alternatives to street crimes program, crime victims advocacy
programs, justice information network telecommunication planning,
treatment for supplemental security income clients, sexual assault
treatment, operations of the administrative office of ((administrator
for)) the courts, security in the common schools, alternative school
start-up grants, programs for disruptive students, criminal justice
data collection, Washington state patrol criminal justice activities,
drug court operations, unified family courts, local court backlog
assistance, financial assistance to local jurisdictions for
extraordinary costs incurred in the adjudication of criminal cases,
domestic violence treatment and related services, the department of
corrections' costs in implementing chapter 196, Laws of 1999,
reimbursement of local governments for costs associated with
implementing criminal and civil justice legislation, the replacement of
the department of corrections' offender-based tracking system, and
methamphetamine-related enforcement, education, training, and drug and
alcohol treatment services.
Sec. 47 RCW 43.70.540 and 1995 c 399 s 76 are each amended to
read as follows:
The legislature recognizes that the state patrol, the
administrative office of the ((administrator for the)) courts, the
sheriffs' and police chiefs' association, the department of social and
health services, the department of community, trade, and economic
development, the sentencing guidelines commission, the department of
corrections, and the superintendent of public instruction each have
comprehensive data and analysis capabilities that have contributed
greatly to our current understanding of crime and violence, and their
causes.
The legislature finds, however, that a single health-oriented
agency must be designated to provide consistent guidelines to all these
groups regarding the way in which their data systems collect this
important data. It is not the intent of the legislature by RCW
43.70.545 to transfer data collection requirements from existing
agencies or to require the addition of major new data systems. It is
rather the intent to make only the minimum required changes in existing
data systems to increase compatibility and comparability, reduce
duplication, and to increase the usefulness of data collected by these
agencies in developing more accurate descriptions of violence.
Sec. 48 RCW 43.101.280 and 1993 c 415 s 4 are each amended to
read as follows:
The criminal justice training commission shall develop, in
consultation with the ((administrator for)) administrative office of
the courts and the commissions established under chapters 43.113,
43.115, and 43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum shall be developed
by October 1, 1993. The commission shall ensure that ethnic and
diversity training becomes an integral part of the training of law
enforcement personnel so as to incorporate cultural sensitivity and
awareness into the daily activities of law enforcement personnel.
Sec. 49 RCW 46.20.286 and 1996 c 199 s 6 are each amended to read
as follows:
The department of licensing shall adopt procedures in cooperation
with the administrative office of the ((administrator for the)) courts
and the department of corrections to implement RCW 46.20.285.
Sec. 50 RCW 74.14C.100 and 1995 c 311 s 12 are each amended to
read as follows:
(1) The department shall, within available funds, provide for
ongoing training and consultation to department personnel to carry out
their responsibilities effectively. Such training may:
(a) Include the family unit as the primary focus of service;
identifying family member strengths; empowering families; child, adult,
and family development; stress management; and may include parent
training and family therapy techniques;
(b) Address intake and referral, assessment of risk, case
assessment, matching clients to services, and service planning issues
in the context of the home-delivered service model, including
strategies for engaging family members, defusing violent situations,
and communication and conflict resolution skills;
(c) Cover methods of helping families acquire the skills they need,
including home management skills, life skills, parenting, child
development, and the use of community resources;
(d) Address crisis intervention and other strategies for the
management of depression, and suicidal, assaultive, and other high-risk
behavior; and
(e) Address skills in collaborating with other disciplines and
services in promoting the safety of children and other family members
and promoting the preservation of the family.
(2) The department and the administrative office of the
((administrator for the)) courts shall, within available funds,
collaborate in providing training to judges, and others involved in the
provision of services pursuant to this title, including service
providers, on the function and use of preservation services.
Sec. 51 RCW 82.14.310 and 2001 2nd sp.s. c 7 s 915 are each
amended to read as follows:
(1) The county criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state treasurer
shall transfer into the county criminal justice assistance account from
the general fund the sum of twenty-three million two hundred thousand
dollars divided into four equal deposits occurring on July 1, October
1, January 1, and April 1. For each fiscal year thereafter, the state
treasurer shall increase the total transfer by the fiscal growth
factor, as defined in RCW 43.135.025, forecast for that fiscal year by
the office of financial management in November of the preceding year.
(2) The moneys deposited in the county criminal justice assistance
account for distribution under this section, less any moneys
appropriated for purposes under subsection (4) of this section, shall
be distributed at such times as distributions are made under RCW
82.44.150 and on the relative basis of each county's funding factor as
determined under this subsection.
(a) A county's funding factor is the sum of:
(i) The population of the county, divided by one thousand, and
multiplied by two-tenths;
(ii) The crime rate of the county, multiplied by three-tenths; and
(iii) The annual number of criminal cases filed in the county
superior court, for each one thousand in population, multiplied by
five-tenths.
(b) Under this section and RCW 82.14.320 and 82.14.330:
(i) The population of the county or city shall be as last
determined by the office of financial management;
(ii) The crime rate of the county or city is the annual occurrence
of specified criminal offenses, as calculated in the most recent annual
report on crime in Washington state as published by the Washington
association of sheriffs and police chiefs, for each one thousand in
population;
(iii) The annual number of criminal cases filed in the county
superior court shall be determined by the most recent annual report of
the courts of Washington, as published by the administrative office of
the ((administrator for the)) courts;
(iv) Distributions and eligibility for distributions in the 1989-91
biennium shall be based on 1988 figures for both the crime rate as
described under (ii) of this subsection and the annual number of
criminal cases that are filed as described under (iii) of this
subsection. Future distributions shall be based on the most recent
figures for both the crime rate as described under (ii) of this
subsection and the annual number of criminal cases that are filed as
described under (iii) of this subsection.
(3) Moneys distributed under this section shall be expended
exclusively for criminal justice purposes and shall not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil or juvenile justice system occurs, and which includes (a)
domestic violence services such as those provided by domestic violence
programs, community advocates, and legal advocates, as defined in RCW
70.123.020, and (b) during the 2001-2003 fiscal biennium, juvenile
dispositional hearings relating to petitions for at-risk youth,
truancy, and children in need of services. Existing funding for
purposes of this subsection is defined as calendar year 1989 actual
operating expenditures for criminal justice purposes. Calendar year
1989 actual operating expenditures for criminal justice purposes
exclude the following: Expenditures for extraordinary events not
likely to reoccur, changes in contract provisions for criminal justice
services, beyond the control of the local jurisdiction receiving the
services, and major nonrecurring capital expenditures.
(4) Not more than five percent of the funds deposited to the county
criminal justice assistance account shall be available for
appropriations for enhancements to the state patrol crime laboratory
system and the continuing costs related to these enhancements. Funds
appropriated from this account for such enhancements shall not supplant
existing funds from the state general fund.
NEW SECTION. Sec. 52 Sections 19 and 21 of this act expire July
1, 2004.
NEW SECTION. Sec. 53 Sections 20 and 22 of this act take effect
July 1, 2004.