BILL REQ. #: H-3462.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/17/12. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to transferring programs to the office of the attorney general; amending RCW 43.280.011, 43.280.020, 43.280.050, 43.280.060, 43.280.070, 43.280.080, 43.280.090, 70.125.040, 70.125.050, 70.125.055, 70.125.080, 74.14B.060, 43.63A.720, 43.63A.735, 43.63A.740, 9.68A.105, 9A.88.120, 9A.88.140, 43.330.300, 62A.9A-525, 43.270.020, 43.270.070, 43.270.080, 7.68.015, 7.68.020, 7.68.030, 7.68.031, 7.68.032, 7.68.033, 7.68.035, 7.68.045, 7.68.060, 7.68.070, 7.68.071, 7.68.072, 7.68.073, 7.68.075, 7.68.076, 7.68.077, 7.68.085, 7.68.085, 7.68.093, 7.68.094, 7.68.095, 7.68.096, 7.68.101, 7.68.111, 7.68.120, 7.68.125, 7.68.126, 7.68.130, 7.68.140, 7.68.145, 7.68.150, 7.68.155, 7.68.160, 7.68.165, 7.68.200, 7.68.210, 7.68.220, 7.68.230, 7.68.240, 7.68.270, 40.24.030, 40.24.040, 40.24.050, 40.24.070, 40.24.080, 36.28A.230, 9A.44.135, 36.28A.030, 36.28A.110, 36.28A.120, 36.28A.040, 36.28A.050, 4.24.550, 40.14.070, 36.28A.130, 46.66.010, 46.66.020, 36.27.100, 70.123.020, 70.123.030, 70.123.040, 70.123.050, 70.123.080, 70.123.090, 70.123.100, 70.123.110, 70.123.130, and 70.123.140; reenacting and amending RCW 70.125.030, 7.68.050, and 7.68.080; adding new sections to chapter 43.10 RCW; creating new sections; recodifying RCW 43.280.010, 43.280.011, 43.280.020, 43.280.030, 43.280.040, 43.280.050, 43.280.060, 43.280.070, 43.280.080, 43.280.090, 43.280.900, 43.280.901, 43.280.902, 43.63A.720, 43.63A.725, 43.63A.730, 43.63A.735, 43.63A.740, 43.330.300, 36.28A.230, 36.28A.030, 36.28A.110, 36.28A.120, 36.28A.040, 36.28A.050, and 36.28A.130; repealing RCW 43.280.081; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 43.280.011 and 1996 c 123 s 1 are each amended to
read as follows:
The Washington state sexual assault services advisory committee
issued a report to the department of community, trade, and economic
development and the department of social and health services in June of
1995. The committee made several recommendations to improve the
delivery of services to victims of sexual abuse and assault: (1)
Consolidate the administration and funding of sexual assault and abuse
services in one agency instead of splitting those functions between the
department of social and health services and the ((department of
community, trade, and economic development)) office of the attorney
general; (2) adopt a funding allocation plan to pool all funds for
sexual assault services and to distribute them across the state to
ensure the delivery of core and specialized services; (3) establish
service, data collection, and management standards and outcome
measurements for recipients of grants; and (4) create a data collection
system to gather pertinent data concerning the delivery of sexual
assault services to victims.
The legislature approves the recommendations of the advisory
committee and consolidates the functions and funding for sexual assault
services in the ((department of community, trade, and economic
development)) office of the attorney general to implement the advisory
committee's recommendations.
The legislature does not intend to effect a reduction in service
levels within available funding by transferring department of social
and health services' powers and duties to the ((department of
community, trade, and economic development)) office of the attorney
general. At a minimum, the ((department of community, trade, and
economic development)) office of the attorney general shall distribute
the same percentage of the services it provides victims of sexual
assault and abuse, pursuant to RCW 43.280.020 (as recodified by this
act), 70.125.080, and 74.14B.060, to children as were distributed to
children through these programs in fiscal year 1996.
Sec. 102 RCW 43.280.020 and 1996 c 123 s 3 are each amended to
read as follows:
There is established in the ((department of community, trade, and
economic development)) office of the attorney general a grant program
to enhance the funding for treating the victims of sex offenders.
Activities that can be funded through this grant program are limited to
those that:
(1) Provide effective treatment to victims of sex offenders;
(2) Increase access to and availability of treatment for victims of
sex offenders, particularly if from underserved populations; and
(3) Create or build on efforts by existing community programs,
coordinate those efforts, or develop cooperative efforts or other
initiatives to make the most effective use of resources to provide
treatment services to these victims.
Funding shall be given to those applicants that emphasize providing
stable, victim-focused sexual abuse services and possess the
qualifications to provide core services, as defined in RCW 70.125.030.
Funds for specialized services, as defined in RCW 70.125.030, shall be
disbursed through the request for proposal or request for
qualifications process.
Sec. 103 RCW 43.280.050 and 1996 c 123 s 4 are each amended to
read as follows:
At a minimum, grant applications must include the following:
(1) The geographic area from which the victims to be served are
expected to come;
(2) A description of the extent and effect of the needs of these
victims within the relevant geographic area;
(3) An explanation of how the funds will be used, their
relationship to existing services available within the community, and
the need that they will fulfill;
(4) An explanation of what organizations were involved in the
development of the proposal;
(5) Documentation of capacity to provide core and specialized
services, as defined in RCW 70.125.030, provided by the applicant, how
the applicant intends to comply with service, data collection, and
management standards established by the ((department)) attorney
general; and
(6) An evaluation methodology.
Sec. 104 RCW 43.280.060 and 1996 c 123 s 5 are each amended to
read as follows:
(1) Subject to funds appropriated by the legislature, the
((department of community, trade, and economic development)) attorney
general shall make awards under the grant program established by RCW
43.280.020 (as recodified by this act).
(2) To aid the ((department of community, trade, and economic
development)) attorney general in making its funding determinations,
the ((department)) attorney general shall form a peer review committee
comprised of individuals who are knowledgeable or experienced in the
management or delivery of treatment services to victims of sex
offenders. The peer review committee shall advise the ((department))
attorney general on the extent to which each eligible applicant meets
the treatment and management standards, as developed by the
((department)) attorney general. The ((department)) attorney general
shall consider this advice in making awards.
(3) Activities funded under this section may be considered for
funding in future years, but shall be considered under the same terms
and criteria as new activities. Funding under this chapter shall not
constitute an obligation by the state of Washington to provide ongoing
funding.
Sec. 105 RCW 43.280.070 and 1995 c 399 s 115 are each amended to
read as follows:
The ((department of community, trade, and economic development))
attorney general may receive such gifts, grants, and endowments from
public or private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of ((this chapter))
the sexual assault grant program and expend the same or any income
therefrom according to the terms of the gifts, grants, or endowments.
Sec. 106 RCW 43.280.080 and 1995 c 241 s 1 are each amended to
read as follows:
The office of crime victims advocacy is established in the
((department of community, trade, and economic development)) office of
the attorney general. The office of crime victims advocacy shall
assist communities in planning and implementing services for crime
victims, advocate on behalf of crime victims in obtaining needed
services and resources, and advise local and state governments on
practices, policies, and priorities that impact crime victims. In
addition, the office of crime victims advocacy shall administer grant
programs for sexual assault treatment and prevention services, as
authorized in this chapter.
Sec. 107 RCW 43.280.090 and 1995 c 269 s 2102 are each amended to
read as follows:
The ((director of the department of community, trade, and economic
development)) attorney general may establish ad hoc advisory
committees, as necessary, to obtain advice and guidance regarding the
office of crime victims advocacy program.
Sec. 108 RCW 70.125.030 and 2009 c 565 s 50 are each reenacted
and amended to read as follows:
As used in this chapter and unless the context indicates otherwise:
(1) "Community sexual assault program" means a community-based
social service agency that is qualified to provide and provides core
services to victims of sexual assault.
(2) "Core services" means treatment services for victims of sexual
assault including information and referral, crisis intervention,
medical advocacy, legal advocacy, support, system coordination, and
prevention for potential victims of sexual assault.
(3) (("Department" means the department of commerce.)) "Law enforcement agencies" means police and sheriff's
departments of this state.
(4)
(((5))) (4) "Personal representative" means a friend, relative,
attorney, or employee or volunteer from a community sexual assault
program or specialized treatment service provider.
(((6))) (5) "Rape crisis center" means a community-based social
service agency which provides services to victims of sexual assault.
(((7))) (6) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation; or
(h) An attempt to commit any of the aforementioned offenses.
(((8))) (7) "Specialized services" means treatment services for
victims of sexual assault including support groups, therapy, and
specialized sexual assault medical examination.
(((9))) (8) "Victim" means any person who suffers physical and/or
mental anguish as a proximate result of a sexual assault.
Sec. 109 RCW 70.125.040 and 1985 c 34 s 1 are each amended to
read as follows:
The ((department)) attorney general shall establish a centralized
office within the ((department)) office of the attorney general to
coordinate activities of programs relating to sexual assault and to
facilitate coordination and dissemination of information to personnel
in fields relating to sexual assault.
The ((department)) attorney general shall develop, with the
cooperation of the criminal justice training commission, the medical
profession, and existing rape crisis centers, a biennial statewide plan
to aid organizations which provide services to victims of sexual
assault.
Sec. 110 RCW 70.125.050 and 1979 ex.s. c 219 s 5 are each amended
to read as follows:
The statewide program established under RCW 70.125.040 shall
include but not be limited to provision of the following services:
PROVIDED, That the ((department)) attorney general shall utilize
existing rape crisis centers and contract, where appropriate, with
these centers to provide the services identified in this section:
(1) Assistance to the criminal justice training commission in
developing and offering training and education programs for criminal
justice personnel on the scope and nature of the sexual assault
problem;
(2) Assistance to health care personnel in training for the
sensitive handling and correct legal procedures of sexual assault
cases;
(3) Development of public education programs to increase public
awareness concerning sexual assault in coordination with the activities
of the attorney general's crime prevention efforts; and
(4) Technical assistance and advice to rape crisis centers,
including the organization of existing community resources, volunteer
training, identification of potential funding sources, evaluation, and
education. Assistance shall be given for the development of additional
programs in areas of the state where such services do not exist.
Sec. 111 RCW 70.125.055 and 1985 c 34 s 2 are each amended to
read as follows:
The ((department)) attorney general may distribute financial
assistance to rape crisis centers to supplement crisis, advocacy, and
counseling services provided directly to victims.
Sec. 112 RCW 70.125.080 and 1996 c 123 s 7 are each amended to
read as follows:
(1) Community sexual assault programs that are eligible for funding
from the ((department)) attorney general under this chapter may apply
for grants for the purpose of hiring, training, and supervising victim
advocates to provide core services to assist victims and their families
through the investigation, prosecution, and treatment process that
resulted from a sexual assault. The ((department)) attorney general
shall seek, receive, and make use of any funds which may be available
from federal or other sources to augment state funds appropriated for
the purpose of this section, and shall make every effort to qualify for
federal funding.
Sec. 113 RCW 74.14B.060 and 1996 c 123 s 8 are each amended to
read as follows:
(1) Treatment services for children who have been sexually
assaulted must be designed and delivered in a manner that accommodates
their unique developmental needs and also considers the impact of
family dynamics on treatment issues. In addition, the complexity of
the civil and criminal justice systems requires that children who are
involved receive appropriate consideration and attention that
recognizes their unique vulnerability in a system designed primarily
for adults.
(2) The ((department of community, trade, and economic
development)) attorney general shall provide, subject to available
funds, comprehensive sexual assault services to sexually abused
children and their families. The ((department)) attorney general shall
provide treatment services by qualified, registered, certified, or
licensed professionals on a one-to-one or group basis as may be deemed
appropriate.
(3) Funds appropriated under this section shall be provided solely
for contracts or direct purchase of specific treatment services from
community organizations and private service providers for child victims
of sexual assault and sexual abuse. Funds shall be disbursed through
the request for proposal or request for qualifications process.
(4) As part of the request for proposal or request for
qualifications process the ((department of community, trade, and
economic development)) attorney general shall ensure that there be no
duplication of services with existing programs including the crime
victims' compensation program as provided in chapter 7.68 RCW. The
((department)) attorney general shall also ensure that victims exhaust
private insurance benefits available to the child victim before
providing services to the child victim under this section.
NEW SECTION. Sec. 114 RCW 43.280.081 (Office of crime victims
advocacy -- Reports on penalty assessments collection and use of funds
for assistance to victims and witnesses of crime) and 1996 c 122 s 3
are each repealed.
NEW SECTION. Sec. 115 RCW 43.280.010, 43.280.011, 43.280.020,
43.280.030, 43.280.040, 43.280.050, 43.280.060, 43.280.070,
43.280.080, 43.280.090, 43.280.900, 43.280.901, and 43.280.902 are each
recodified as sections in chapter 43.10 RCW.
Sec. 116 RCW 43.63A.720 and 1995 c 353 s 7 are each amended to
read as follows:
There is established in the ((department of community, trade, and
economic development)) office of the attorney general a grant program
to enhance funding for prostitution prevention and intervention
services. Activities that can be funded through this grant program
shall provide effective prostitution prevention and intervention
services, such as counseling, parenting, housing relief, education, and
vocational training, that:
(1) Comprehensively address the problems of persons who are
prostitutes; and
(2) Enhance the ability of persons to leave or avoid prostitution.
Sec. 117 RCW 43.63A.735 and 1995 c 353 s 10 are each amended to
read as follows:
(1) Subject to funds appropriated by the legislature, including
funds in the prostitution prevention and intervention account, the
((department of community, trade, and economic development)) attorney
general shall make awards under the grant program established by RCW
43.63A.720 (as recodified by this act).
(2) Awards shall be made competitively based on the purposes of and
criteria in RCW 43.63A.720 through 43.63A.730 (as recodified by this
act).
(3) Activities funded under this section may be considered for
funding in future years, but shall be considered under the same terms
and criteria as new activities. Funding of a program or activity under
this chapter shall not constitute an obligation by the state of
Washington to provide ongoing funding.
(4) The ((department of community, trade, and economic
development)) attorney general may receive such gifts, grants, and
endowments from public or private sources as may be made from time to
time, in trust or otherwise, for the use and benefit of the purposes of
the grant program established under RCW 43.63A.720 (as recodified by
this act) and expend the same or any income from these sources
according to the terms of the gifts, grants, or endowments.
(5) The ((department of community, trade, and economic
development)) attorney general may expend up to five percent of the
funds appropriated for the grant program for administrative costs and
grant supervision.
Sec. 118 RCW 43.63A.740 and 2010 c 289 s 18 are each amended to
read as follows:
The prostitution prevention and intervention account is created in
the state treasury. All designated receipts from fees under RCW
9.68A.105 and 9A.88.120 and fines collected under RCW 9A.88.140 shall
be deposited into the account. Expenditures from the account may be
used in the following order of priority:
(1) Programs that provide mental health and substance abuse
counseling, parenting skills training, housing relief, education, and
vocational training for youth who have been diverted for a prostitution
or prostitution loitering offense pursuant to RCW 13.40.213;
(2) Funding for services provided to sexually exploited children as
defined in RCW 13.32A.030 in secure and semi-secure crisis residential
centers with access to staff trained to meet their specific needs;
(3) Funding for services specified in RCW 74.14B.060 and 74.14B.070
for sexually exploited children; and
(4) Funding the grant program to enhance prostitution prevention
and intervention services under RCW 43.63A.720 (as recodified by this
act).
Sec. 119 RCW 9.68A.105 and 2010 c 289 s 15 are each amended to
read as follows:
(1)(a) In addition to penalties set forth in RCW 9.68A.100,
9.68A.101, and 9.68A.102, a person who is either convicted or given a
deferred sentence or a deferred prosecution or who has entered into a
statutory or nonstatutory diversion agreement as a result of an arrest
for violating RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable
county or municipal ordinance shall be assessed a five thousand dollar
fee.
(b) The court may not suspend payment of all or part of the fee
unless it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile offender or has
entered into a statutory or nonstatutory diversion agreement for an
offense which, if committed by an adult, would constitute a violation
of RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or
municipal ordinance, the court shall assess the fee under (a) of this
subsection. The court may not suspend payment of all or part of the
fee unless it finds that the minor does not have the ability to pay the
fee.
(2) The fee assessed under subsection (1) of this section shall be
collected by the clerk of the court and distributed each month to the
state treasurer for deposit in the prostitution prevention and
intervention account under RCW 43.63A.740 (as recodified by this act)
for the purpose of funding prostitution prevention and intervention
activities.
(3) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an
agreement under RCW 13.40.080 or any written agreement between a person
accused of an offense listed in subsection (1) of this section and a
court, county or city prosecutor, or designee thereof, whereby the
person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried
out if the defendant meets certain requirements, such as complying with
the conditions of probation.
Sec. 120 RCW 9A.88.120 and 2007 c 368 s 12 are each amended to
read as follows:
(1)(a) In addition to penalties set forth in RCW 9A.88.010,
9A.88.030, and 9A.88.090, a person who is either convicted or given a
deferred sentence or a deferred prosecution or who has entered into a
statutory or nonstatutory diversion agreement as a result of an arrest
for violating RCW 9A.88.010, 9A.88.030, 9A.88.090, or comparable county
or municipal ordinances shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.110, a person
who is either convicted or given a deferred sentence or a deferred
prosecution or who has entered into a statutory or nonstatutory
diversion agreement as a result of an arrest for violating RCW
9A.88.110 or a comparable county or municipal ordinance shall be
assessed a one hundred fifty dollar fee.
(c) In addition to penalties set forth in RCW 9A.88.070 and
9A.88.080, a person who is either convicted or given a deferred
sentence or a deferred prosecution or who has entered into a statutory
or nonstatutory diversion agreement as a result of an arrest for
violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal
ordinances shall be assessed a three hundred dollar fee.
(2) The court may not suspend payment of all or part of the fee
unless it finds that the person does not have the ability to pay.
(3) When a minor has been adjudicated a juvenile offender or has
entered into a statutory or nonstatutory diversion agreement for an
offense which, if committed by an adult, would constitute a violation
under this chapter or comparable county or municipal ordinances, the
court shall assess the fee as specified under subsection (1) of this
section. The court may not suspend payment of all or part of the fee
unless it finds that the minor does not have the ability to pay the
fee.
(4) Any fee assessed under this section shall be collected by the
clerk of the court and distributed each month to the state treasurer
for deposit in the prostitution prevention and intervention account
under RCW 43.63A.740 (as recodified by this act) for the purpose of
funding prostitution prevention and intervention activities.
(5) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an
agreement under RCW 13.40.080 or any written agreement between a person
accused of an offense listed in subsection (1) of this section and a
court, county, or city prosecutor, or designee thereof, whereby the
person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried
out if the defendant meets certain requirements, such as complying with
the conditions of probation.
Sec. 121 RCW 9A.88.140 and 2010 c 289 s 12 are each amended to
read as follows:
(1)(a) Upon an arrest for a suspected violation of patronizing a
prostitute, promoting prostitution in the first degree, promoting
prostitution in the second degree, promoting travel for prostitution,
the arresting law enforcement officer may impound the person's vehicle
if (i) the motor vehicle was used in the commission of the crime; (ii)
the person arrested is the owner of the vehicle or the vehicle is a
rental car as defined in RCW 46.04.465; and (iii) either (A) the person
arrested has previously been convicted of one of the offenses listed in
this subsection or (B) the offense was committed within an area
designated under (b) of this subsection.
(b) A local governing authority may designate areas within which
vehicles are subject to impoundment under this section regardless of
whether the person arrested has previously been convicted of any of the
offenses listed in (a) of this subsection.
(i) The designation must be based on evidence indicating that the
area has a disproportionately higher number of arrests for the offenses
listed in (a) of this subsection as compared to other areas within the
same jurisdiction.
(ii) The local governing authority shall post signs at the
boundaries of the designated area to indicate that the area has been
designated under this subsection.
(2) Upon an arrest for a suspected violation of commercial sexual
abuse of a minor, promoting commercial sexual abuse of a minor, or
promoting travel for commercial sexual abuse of a minor, the arresting
law enforcement officer shall impound the person's vehicle if (a) the
motor vehicle was used in the commission of the crime; and (b) the
person arrested is the owner of the vehicle or the vehicle is a rental
car as defined in RCW 46.04.465.
(3) Impoundments performed under this section shall be in
accordance with chapter 46.55 RCW and the impoundment order must
clearly state "prostitution hold."
(4)(a) Prior to redeeming the impounded vehicle, and in addition to
all applicable impoundment, towing, and storage fees paid to the towing
company under chapter 46.55 RCW, the owner of the impounded vehicle
must pay a fine to the impounding agency. The fine shall be five
hundred dollars for the offenses specified in subsection (1) of this
section, or two thousand five hundred dollars for the offenses
specified in subsection (2) of this section. The fine shall be
deposited in the prostitution prevention and intervention account
established under RCW 43.63A.740 (as recodified by this act).
(b) Upon receipt of the fine paid under (a) of this subsection, the
impounding agency shall issue a written receipt to the owner of the
impounded vehicle.
(5)(a) In order to redeem a vehicle impounded under this section,
the owner must provide the towing company with the written receipt
issued under subsection (4)(b) of this section.
(b) The written receipt issued under subsection (4)(b) of this
section authorizes the towing company to release the impounded vehicle
upon payment of all impoundment, towing, and storage fees.
(c) A towing company that relies on a forged receipt to release a
vehicle impounded under this section is not liable to the impounding
authority for any unpaid fine under subsection (4)(a) of this section.
(6)(a) In any proceeding under chapter 46.55 RCW to contest the
validity of an impoundment under this section where the claimant
substantially prevails, the claimant is entitled to a full refund of
the impoundment, towing, and storage fees paid under chapter 46.55 RCW
and the five hundred dollar fine paid under subsection (4) of this
section.
(b) If the person is found not guilty at trial for a crime listed
under subsection (1) of this section, the person is entitled to a full
refund of the impoundment, towing, and storage fees paid under chapter
46.55 RCW and the fine paid under subsection (4) of this section.
(c) All refunds made under this section shall be paid by the
impounding agency.
(d) Prior to receiving any refund under this section, the claimant
must provide proof of payment.
NEW SECTION. Sec. 122 RCW 43.63A.720, 43.63A.725, 43.63A.730,
43.63A.735, and 43.63A.740 are each recodified as sections in chapter
43.10 RCW.
Sec. 123 RCW 43.330.300 and 2009 c 565 s 16 are each amended to
read as follows:
(1) The financial fraud and identity theft crimes investigation and
prosecution program is created in the ((department of commerce)) office
of the attorney general. The ((department)) attorney general shall:
(a) Appoint members of the financial fraud task forces created in
subsection (2) of this section;
(b) Administer the account created in subsection (3) of this
section; and
(c) By December 31st of each year submit a report to the
appropriate committees of the legislature and the governor regarding
the progress of the program and task forces. The report must include
recommendations on changes to the program, including expansion.
(2)(a) The ((department)) attorney general shall establish two
regional financial fraud and identity theft crime task forces that
include a central Puget Sound task force that includes King and Pierce
counties, and a Spokane county task force. Each task force must be
comprised of local law enforcement, county prosecutors, representatives
of the office of the attorney general, financial institutions, and
other state and local law enforcement.
(b) The ((department)) attorney general shall appoint: (i)
Representatives of local law enforcement from a list provided by the
Washington association of sheriffs and police chiefs; (ii)
representatives of county prosecutors from a list provided by the
Washington association of prosecuting attorneys; and (iii)
representatives of financial institutions.
(c) Each task force shall:
(i) Hold regular meetings to discuss emerging trends and threats of
local financial fraud and identity theft crimes;
(ii) Set priorities for the activities for the task force;
(iii) Apply to the ((department)) attorney general for funding to
(A) hire prosecutors and/or law enforcement personnel dedicated to
investigating and prosecuting financial fraud and identity theft
crimes; and (B) acquire other needed resources to conduct the work of
the task force;
(iv) Establish outcome-based performance measures; and
(v) Twice annually report to the ((department)) attorney general
regarding the activities and performance of the task force.
(3) The financial fraud and identity theft crimes investigation and
prosecution account is created in the state treasury. Moneys in the
account may be spent only after appropriation. Revenue to the account
may include appropriations, revenues generated by the surcharge imposed
in RCW 62A.9A-525, federal funds, and any other gifts or grants.
Expenditures from the account may be used only to support the
activities of the financial fraud and identity theft crime
investigation and prosecution task forces and the program
administrative expenses of the ((department)) attorney general, which
may not exceed ten percent of the amount appropriated.
(4) For purposes of this section, "financial fraud and identity
theft crimes" includes those that involve: Check fraud, chronic
unlawful issuance of bank checks, embezzlement, credit/debit card
fraud, identity theft, forgery, counterfeit instruments such as checks
or documents, organized counterfeit check rings, and organized
identification theft rings.
Sec. 124 RCW 62A.9A-525 and 2008 c 290 s 2 are each amended to
read as follows:
(a) Filing with department of licensing. Except as otherwise
provided in subsection (b) or (e) of this section, the fee for filing
and indexing a record under this part is the fee set by department of
licensing rule pursuant to subsection (f) of this section. Without
limitation, different fees may be charged for:
(1) A record that is communicated in writing and consists of one or
two pages;
(2) A record that is communicated in writing and consists of more
than two pages, which fee may be a multiple of the fee described in (1)
of this subsection; and
(3) A record that is communicated by another medium authorized by
department of licensing rule, which fee may be a fraction of the fee
described in (1) of this subsection.
(b) Filing with other filing offices. Except as otherwise provided
in subsection (e) of this section, the fee for filing and indexing a
record under this part that is filed in a filing office described in
RCW 62A.9A-501(a)(1) is the fee that would otherwise be applicable to
the recording of a mortgage in that filing office, as set forth in RCW
36.18.010.
(c) Number of names. The number of names required to be indexed
does not affect the amount of the fee in subsections (a) and (b) of
this section.
(d) Response to information request. The fee for responding to a
request for information from a filing office, including for issuing a
certificate showing, or otherwise communicating, whether there is on
file any financing statement naming a particular debtor, is the fee set
by department of licensing rule pursuant to subsection (f) of this
section; provided however, if the request is to a filing office
described in RCW 62A.9A-501(a)(1) and that office charges a different
fee, then that different fee shall apply instead. Without limitation,
different fees may be charged:
(1) If the request is communicated in writing;
(2) If the request is communicated by another medium authorized by
filing-office rule; and
(3) If the request is for expedited service.
(e) Record of mortgage. This section does not require a fee with
respect to a record of a mortgage which is effective as a financing
statement filed as a fixture filing or as a financing statement
covering as-extracted collateral or timber to be cut under RCW
62A.9A-502(c). However, the recording and satisfaction fees that
otherwise would be applicable to the record of the mortgage apply.
(f) Filing office rules. (1) The department of licensing shall by
rule set the fees called for in this section for filing with, and
obtaining information from, the department of licensing. The director
shall set fees at a sufficient level to defray the costs of
administering the program. All receipts from fees collected under this
title, except fees for services covered under RCW 62A.9A-501(a)(1),
shall be deposited to the uniform commercial code fund in the state
treasury. Moneys in the fund may be spent only after appropriation and
may be used only to administer the uniform commercial code program.
(2) In addition to fees on filings authorized under this section,
the department of licensing shall impose a surcharge of eight dollars
per filing for paper filings and a surcharge of three dollars per
filing for electronic filings. The department shall deposit the
proceeds from these surcharges in the financial fraud and identity
theft crimes investigation and prosecution account created in RCW
43.330.300 (as recodified by this act).
(g) Transition. This section continues the fee-setting authority
conferred on the department of licensing by former RCW 62A.9-409 and
nothing herein shall invalidate fees set by the department of licensing
under the authority of former RCW 62A.9-409.
NEW SECTION. Sec. 125 RCW 43.330.300 is recodified as a section
in chapter 43.10 RCW.
Sec. 126 RCW 43.270.020 and 2001 c 48 s 2 are each amended to
read as follows:
(1) There is established in the ((department of community, trade,
and economic development)) office of the attorney general a grant
program to provide incentive for and support for communities to develop
targeted and coordinated strategies to reduce the incidence and impact
of alcohol, tobacco, or other drug abuse, or violence.
(2) The ((department of community, trade, and economic
development)) attorney general shall make awards, subject to funds
appropriated by the legislature, under the following terms:
(a) Starting July 1, 2001, funds will be available to countywide
programs through a formula developed by the ((department of community,
trade, and economic development)) attorney general in consultation with
program contractors, which will take into consideration county
population size.
(b) In order to be eligible for consideration, applicants must
demonstrate, at a minimum:
(i) That the community has developed and is committed to carrying
out a coordinated strategy of prevention, treatment, and law
enforcement activities;
(ii) That the community has considered research-based theory when
developing its strategy;
(iii) That proposals submitted for funding are based on a local
assessment of need and address specific objectives contained in a
coordinated strategy of prevention, treatment, and law enforcement
against alcohol, tobacco, or other drug abuse, or violence;
(iv) Evidence of active participation in preparation of the
proposal and specific commitments to implementing the community-wide
agenda by leadership from education, law enforcement, local government,
tribal government, and treatment entities in the community, and the
opportunity for meaningful involvement from others such as neighborhood
and citizen groups, businesses, human service, health and job training
organizations, and other key elements of the community, particularly
those whose responsibilities in law enforcement, treatment, prevention,
education, or other community efforts provide direct, ongoing contact
with substance abusers or those who exhibit violent behavior, or those
at risk for alcohol, tobacco, or other drug abuse, or violent behavior;
(v) Evidence of additional local resources committed to the
applicant's strategy totaling at least twenty-five percent of funds
awarded under this section. These resources may consist of public or
private funds, donated goods or services, and other measurable
commitments, including in-kind contributions such as volunteer
services, materials, supplies, physical facilities, or a combination
thereof; and
(vi) That the funds applied for, if received, will not be used to
replace funding for existing activities.
(c) At a minimum, grant applications must include the following:
(i) A definition of geographic area;
(ii) A needs assessment describing the extent and impact of
alcohol, tobacco, or other drug abuse, and violence in the community,
including an explanation of those who are most severely impacted and
those most at risk of substance abuse or violent behavior;
(iii) An explanation of the community-wide strategy for prevention,
treatment, and law enforcement activities related to alcohol, tobacco,
or other drug abuse, or violence, with particular attention to those
who are most severely impacted and/or those most at risk of alcohol,
tobacco, or other drug abuse, or violent behavior;
(iv) An explanation of who was involved in development of the
strategy and what specific commitments have been made to carry it out;
(v) Identification of existing prevention, education, treatment,
and law enforcement resources committed by the applicant, including
financial and other support, and an explanation of how the applicant's
strategy involves and builds on the efforts of existing organizations
or coalitions that have been carrying out community efforts against
alcohol, tobacco, or other drug abuse, or violence;
(vi) Identification of activities that address specific objectives
in the strategy for which additional resources are needed;
(vii) Identification of additional local resources, including
public or private funds, donated goods or services, and other
measurable commitments, that have been committed to the activities
identified in (c)(vi) of this subsection;
(viii) Identification of activities that address specific
objectives in the strategy for which funding is requested;
(ix) For each activity for which funding is requested, an
explanation in sufficient detail to demonstrate:
(A) Feasibility through deliberative design, specific objectives,
and a realistic plan for implementation;
(B) A rationale for how this activity will achieve measurable
results and how it will be evaluated;
(C) That funds requested are necessary and appropriate to
effectively carry out the activity; and
(x) Identification of a contracting agent meeting state
requirements for each activity proposed for funding.
Each contracting agent must execute a written agreement with its
local community mobilization advisory board that reflects the duties
and powers of each party.
(3) Activities that may be funded through this grant program
include those that:
(a) Prevent alcohol, tobacco, or other drug abuse, or violence
through educational efforts, development of positive alternatives,
intervention with high-risk groups, and other prevention strategies;
(b) Support effective treatment by increasing access to and
availability of treatment opportunities, particularly for underserved
or highly impacted populations, developing aftercare and support
mechanisms, and other strategies to increase the availability and
effectiveness of treatment;
(c) Provide meaningful consequences for participation in illegal
activity and promote safe and healthy communities through support of
law enforcement strategies;
(d) Create or build on efforts by existing community programs,
coordinate their efforts, and develop cooperative efforts or other
initiatives to make most effective use of resources to carry out the
community's strategy against alcohol, tobacco, or other drug abuse, or
violence; and
(e) Other activities that demonstrate both feasibility and a
rationale for how the activity will achieve measurable results in the
strategy against alcohol, tobacco, or other drug abuse, or violence.
Sec. 127 RCW 43.270.070 and 2001 c 48 s 3 are each amended to
read as follows:
The ((department of community, trade, and economic development))
attorney general shall ask communities for suggestions on state
practices, policies, and priorities that would help communities
implement their strategies against alcohol, tobacco, or other drug
abuse, or violence. The ((department of community, trade, and economic
development)) attorney general shall review and respond to those
suggestions making necessary changes where feasible, making
recommendations to the legislature where appropriate, and providing an
explanation as to why suggested changes cannot be accomplished, if the
suggestions cannot be acted upon.
Sec. 128 RCW 43.270.080 and 2001 c 48 s 4 are each amended to
read as follows:
The ((department of community, trade, and economic development))
attorney general may receive such gifts, grants, and endowments from
public or private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of RCW 43.270.010
through 43.270.080 and expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
Sec. 201 RCW 7.68.015 and 1989 1st ex.s. c 5 s 1 are each amended
to read as follows:
The ((department of labor and industries)) attorney general shall
operate the crime victims' compensation program within the
appropriations and the conditions and limitations on the appropriations
provided for this program.
Sec. 202 RCW 7.68.020 and 2011 c 346 s 101 are each amended to
read as follows:
The following words and phrases as used in this chapter have the
meanings set forth in this section unless the context otherwise
requires.
(1) "Accredited school" means a school or course of instruction
which is:
(a) Approved by the state superintendent of public instruction, the
state board of education, or the state board for community and
technical colleges; or
(b) Regulated or licensed as to course content by any agency of the
state or under any occupational licensing act of the state, or
recognized by the apprenticeship council under an agreement registered
with the apprenticeship council pursuant to chapter 49.04 RCW.
(2) "Average monthly wage" means the average annual wage as
determined under RCW 50.04.355 as now or hereafter amended divided by
twelve.
(3) "Beneficiary" means a husband, wife, registered domestic
partner, or child of a victim in whom shall vest a right to receive
payment under this chapter, except that a husband or wife of an injured
victim, living separate and apart in a state of abandonment, regardless
of the party responsible therefor, for more than one year at the time
of the injury or subsequently, shall not be a beneficiary. A spouse
who has lived separate and apart from the other spouse for the period
of two years and who has not, during that time, received or attempted
by process of law to collect funds for maintenance, shall be deemed
living in a state of abandonment.
(4) "Child" means every natural born child, posthumous child,
stepchild, child legally adopted prior to the injury, child born after
the injury where conception occurred prior to the injury, and dependent
child in the legal custody and control of the victim, all while under
the age of eighteen years, or under the age of twenty-three years while
permanently enrolled as a full-time student in an accredited school,
and over the age of eighteen years if the child is a dependent as a
result of a physical, mental, or sensory handicap.
(5) "Criminal act" means an act committed or attempted in this
state which is: (a) Punishable as a federal offense that is comparable
to a felony or gross misdemeanor in this state; (b) punishable as a
felony or gross misdemeanor under the laws of this state; (c) an act
committed outside the state of Washington against a resident of the
state of Washington which would be compensable had it occurred inside
this state and the crime occurred in a state which does not have a
crime victims' compensation program, for which the victim is eligible
as set forth in the Washington compensation law; or (d) trafficking as
defined in RCW 9A.40.100. A "criminal act" does not include the
following:
(i) The operation of a motor vehicle, motorcycle, train, boat, or
aircraft in violation of law unless:
(A) The injury or death was intentionally inflicted;
(B) The operation thereof was part of the commission of another
nonvehicular criminal act as defined in this section;
(C) The death or injury was the result of the operation of a motor
vehicle after July 24, 1983, and a preponderance of the evidence
establishes that the death was the result of vehicular homicide under
RCW 46.61.520, or a conviction of vehicular assault under RCW
46.61.522, has been obtained. In cases where a probable criminal
defendant has died in perpetration of vehicular assault or, in cases
where the perpetrator of the vehicular assault is unascertainable
because he or she left the scene of the accident in violation of RCW
46.52.020 or, because of physical or mental infirmity or disability the
perpetrator is incapable of standing trial for vehicular assault, the
((department)) attorney general may, by a preponderance of the
evidence, establish that a vehicular assault had been committed and
authorize benefits;
(D) The injury or death was caused by a driver in violation of RCW
46.61.502; or
(E) The injury or death was caused by a driver in violation of RCW
46.61.655(7)(a), failure to secure a load in the first degree;
(ii) Neither an acquittal in a criminal prosecution nor the absence
of any such prosecution is admissible in any claim or proceeding under
this chapter as evidence of the noncriminal character of the acts
giving rise to such claim or proceeding, except as provided for in
(d)(i)(C) of this subsection;
(iii) Evidence of a criminal conviction arising from acts which are
the basis for a claim or proceeding under this chapter is admissible in
such claim or proceeding for the limited purpose of proving the
criminal character of the acts; and
(iv) Acts which, but for the insanity or mental irresponsibility of
the perpetrator, would constitute criminal conduct are deemed to be
criminal conduct within the meaning of this chapter.
(6) (("Department" means the department of labor and industries.)) "Financial support for lost wages" means a partial
replacement of lost wages due to a temporary or permanent total
disability.
(7)
(((8))) (7) "Gainfully employed" means engaging on a regular and
continuous basis in a lawful activity from which a person derives a
livelihood.
(((9))) (8) "Injury" means a sudden and tangible happening, of a
traumatic nature, producing an immediate or prompt result, and
occurring from without, and such physical conditions as result
therefrom.
(((10))) (9) "Invalid" means one who is physically or mentally
incapacitated from earning wages.
(((11))) (10) "Permanent total disability" means loss of both legs,
or arms, or one leg and one arm, total loss of eyesight, paralysis, or
other condition permanently incapacitating the victim from performing
any work at any gainful occupation.
(((12))) (11) "Private insurance" means any source of recompense
provided by contract available as a result of the claimed injury or
death at the time of such injury or death, or which becomes available
any time thereafter.
(((13))) (12) "Public insurance" means any source of recompense
provided by statute, state or federal, available as a result of the
claimed injury or death at the time of such injury or death, or which
becomes available any time thereafter.
(((14))) (13) "Temporary total disability" means any condition that
temporarily incapacitates a victim from performing any type of gainful
employment as certified by the victim's attending physician.
(((15))) (14) "Victim" means a person who suffers bodily injury or
death as a proximate result of a criminal act of another person, the
victim's own good faith and reasonable effort to prevent a criminal
act, or his or her good faith effort to apprehend a person reasonably
suspected of engaging in a criminal act. For the purposes of receiving
benefits pursuant to this chapter, "victim" is interchangeable with
"employee" or "worker" as defined in chapter 51.08 RCW as now or
hereafter amended.
Sec. 203 RCW 7.68.030 and 2011 c 346 s 206 are each amended to
read as follows:
(1) It shall be the duty of the ((director)) attorney general to
establish and administer a program of benefits to innocent victims of
criminal acts within the terms and limitations of this chapter. The
((director)) attorney general may apply for and, subject to
appropriation, expend federal funds under Public Law 98-473 and any
other federal program providing financial assistance to state crime
victim compensation programs. The federal funds shall be deposited in
the state general fund and may be expended only for purposes authorized
by applicable federal law.
(2) The ((director)) attorney general shall:
(a) Establish and adopt rules governing the administration of this
chapter in accordance with chapter 34.05 RCW;
(b) Regulate the proof of accident and extent thereof, the proof of
death, and the proof of relationship and the extent of dependency;
(c) Supervise the medical, surgical, and hospital treatment to the
intent that it may be in all cases efficient and up to the recognized
standard of modern surgery;
(d) Issue proper receipts for moneys received and certificates for
benefits accrued or accruing;
(e) Designate a medical director who is licensed under chapter
18.57 or 18.71 RCW;
(f) Supervise the providing of prompt and efficient care and
treatment, including care provided by physician assistants governed by
the provisions of chapters 18.57A and 18.71A RCW, acting under a
supervising physician, including chiropractic care, and including care
provided by licensed advanced registered nurse practitioners, to
victims at the least cost consistent with promptness and efficiency,
without discrimination or favoritism, and with as great uniformity as
the various and diverse surrounding circumstances and locations of
industries will permit and to that end shall, from time to time,
establish and adopt and supervise the administration of printed forms,
electronic communications, rules, ((regulations,)) and practices for
the furnishing of such care and treatment. The medical coverage
decisions of the ((department)) office of the attorney general do not
constitute a "rule" as used in RCW 34.05.010(16), nor are such
decisions subject to the rule-making provisions of chapter 34.05 RCW
except that criteria for establishing medical coverage decisions shall
be adopted by rule. The ((department)) attorney general may recommend
to a victim particular health care services and providers where
specialized treatment is indicated or where cost-effective payment
levels or rates are obtained by the ((department)) attorney general,
and the ((department)) attorney general may enter into contracts for
goods and services including, but not limited to, durable medical
equipment so long as statewide access to quality service is maintained
for injured victims;
(g) In consultation with interested persons, establish and, in his
or her discretion, periodically change as may be necessary, and make
available a fee schedule of the maximum charges to be made by any
physician, surgeon, chiropractor, hospital, druggist, licensed advanced
registered nurse practitioner, and physician assistants as defined in
chapters 18.57A and 18.71A RCW, acting under a supervising physician or
other agency or person rendering services to victims. The
((department)) attorney general shall coordinate with other state
purchasers of health care services to establish as much consistency and
uniformity in billing and coding practices as possible, taking into
account the unique requirements and differences between programs. No
service covered under this title, including services provided to
victims, whether aliens or other victims, who are not residing in the
United States at the time of receiving the services, shall be charged
or paid at a rate or rates exceeding those specified in such fee
schedule, and no contract providing for greater fees shall be valid as
to the excess. The establishment of such a schedule, exclusive of
conversion factors, does not constitute "agency action" as used in RCW
34.05.010(3), nor does such a fee schedule constitute a "rule" as used
in RCW 34.05.010(16);
(h) Make a record of the commencement of every disability and the
termination thereof and, when bills are rendered for the care and
treatment of injured victims, shall approve and pay those which conform
to the adopted rules, ((regulations,)) established fee schedules, and
practices of the ((director)) attorney general and may reject any bill
or item thereof incurred in violation of the principles laid down in
this section or the rules, ((regulations,)) or the established fee
schedules and rules ((and regulations)) adopted under it.
(3) The ((director)) attorney general and his or her authorized
assistants:
(a) Have power to issue subpoenas to enforce the attendance and
testimony of witnesses and the production and examination of books,
papers, photographs, tapes, and records before the ((department))
attorney general in connection with any claim made to the
((department)) attorney general or any billing submitted to the
((department)) attorney general. The superior court has the power to
enforce any such subpoena by proper proceedings;
(b)(i) May apply for and obtain a superior court order approving
and authorizing a subpoena in advance of its issuance. The application
may be made in the county where the subpoenaed person resides or is
found, or the county where the subpoenaed records or documents are
located, or in Thurston county. The application must (A) state that an
order is sought pursuant to this subsection; (B) adequately specify the
records, documents, or testimony; and (C) declare under oath that an
investigation is being conducted for a lawfully authorized purpose
related to an investigation within the ((department's)) attorney
general's authority and that the subpoenaed documents or testimony are
reasonably related to an investigation within the ((department's))
attorney general's authority.
(ii) Where the application under this subsection (3)(b) is made to
the satisfaction of the court, the court must issue an order approving
the subpoena. An order under this subsection constitutes authority of
law for the agency to subpoena the records or testimony.
(iii) The ((director)) attorney general and his or her authorized
assistants may seek approval and a court may issue an order under this
subsection without prior notice to any person, including the person to
whom the subpoena is directed and the person who is the subject of an
investigation.
(4) In all hearings, actions, or proceedings before the
((department)) attorney general, any physician or licensed advanced
registered nurse practitioner having theretofore examined or treated
the claimant may be required to testify fully regarding such
examination or treatment, and shall not be exempt from so testifying by
reason of the relation of the physician or licensed advanced registered
nurse practitioner to the patient.
Sec. 204 RCW 7.68.031 and 2011 c 346 s 201 are each amended to
read as follows:
On all claims under this chapter, claimants' written or electronic
notices, orders, or warrants must be forwarded directly to the claimant
until such time as there has been entered an order on the claim
appealable to the ((department)) attorney general. Claimants' written
or electronic notices, orders, or warrants may be forwarded to the
claimant in care of a representative before an order has been entered
if the claimant sets forth in writing the name and address of the
representative to whom the claimant desires this information to be
forwarded.
Sec. 205 RCW 7.68.032 and 2011 c 346 s 202 are each amended to
read as follows:
The ((department)) attorney general may, at any time, on receipt of
written or electronic authorization, transmit amounts payable to a
claimant ((or)) to the account of such person in a bank or other
financial institution regulated by state or federal authority.
Sec. 206 RCW 7.68.033 and 2011 c 346 s 203 are each amended to
read as follows:
(1) Except as provided in RCW 43.20B.720, 72.09.111, 74.20A.260,
and 51.32.380, no money paid or payable under this chapter shall,
before the issuance and delivery of the check or warrant, or
disbursement of electronic funds or electronic payment, be assigned,
charged, or taken in execution, attached, garnished, or pass or be paid
to any other person by operation of law, any form of voluntary
assignment, or power of attorney. Any such assignment or charge is
void unless the transfer is to a financial institution at the request
of a victim or other beneficiary and made in accordance with RCW
7.68.034.
(2)(a) If any victim suffers an injury and dies from it before he
or she receives payment of any monthly installment covering financial
support for lost wages for any period of time before his or her death,
the amount of the monthly payment shall be paid to the surviving spouse
or the child or children if there is no surviving spouse. If there is
no surviving spouse and no child or children, the amount of the monthly
payment shall be paid by the ((department)) attorney general and
distributed consistent with the terms of the decedent's will or, if the
decedent dies intestate, consistent with the terms of RCW 11.04.015.
(b) Any application for compensation under this subsection (2)
shall be filed with the ((department)) attorney general within one year
of the date of death. The ((department)) attorney general may satisfy
its responsibilities under this subsection (2) by sending any payment
due in the name of the decedent and to the last known address of the
decedent.
(3) Any victim or beneficiary receiving benefits under this chapter
who is subsequently confined in, or who subsequently becomes eligible
for benefits under this chapter while confined in, any institution
under conviction and sentence shall have all payments of the
compensation canceled during the period of confinement. After
discharge from the institution, payment of benefits due afterward shall
be paid if the victim or beneficiary would, except for the provisions
of this subsection (3), otherwise be eligible for them.
Sec. 207 RCW 7.68.035 and 2011 c 336 s 246 are each amended to
read as follows:
(1)(a) When any person is found guilty in any superior court of
having committed a crime, except as provided in subsection (2) of this
section, there shall be imposed by the court upon such convicted person
a penalty assessment. The assessment shall be in addition to any other
penalty or fine imposed by law and shall be five hundred dollars for
each case or cause of action that includes one or more convictions of
a felony or gross misdemeanor and two hundred fifty dollars for any
case or cause of action that includes convictions of only one or more
misdemeanors.
(b) When any juvenile is adjudicated of any offense in any juvenile
offense disposition under Title 13 RCW, except as provided in
subsection (2) of this section, there shall be imposed upon the
juvenile offender a penalty assessment. The assessment shall be in
addition to any other penalty or fine imposed by law and shall be one
hundred dollars for each case or cause of action that includes one or
more adjudications for a felony or gross misdemeanor and seventy-five
dollars for each case or cause of action that includes adjudications of
only one or more misdemeanors.
(2) The assessment imposed by subsection (1) of this section shall
not apply to motor vehicle crimes defined in Title 46 RCW except those
defined in the following sections: RCW 46.61.520, 46.61.522,
46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 46.52.101,
46.20.410, 46.52.020, 46.10.495, 46.09.480, 46.61.5249, 46.61.525,
46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 46.44.180,
46.10.490(2), and 46.09.470(2).
(3) When any person accused of having committed a crime posts bail
in superior court pursuant to the provisions of chapter 10.19 RCW and
such bail is forfeited, there shall be deducted from the proceeds of
such forfeited bail a penalty assessment, in addition to any other
penalty or fine imposed by law, equal to the assessment which would be
applicable under subsection (1) of this section if the person had been
convicted of the crime.
(4) Such penalty assessments shall be paid by the clerk of the
superior court to the county treasurer who shall monthly transmit the
money as provided in RCW 10.82.070. Each county shall deposit fifty
percent of the money it receives per case or cause of action under
subsection (1) of this section and retains under RCW 10.82.070, not
less than one and seventy-five one-hundredths percent of the remaining
money it retains under RCW 10.82.070 and the money it retains under
chapter 3.62 RCW, and all money it receives under subsection (7) of
this section into a fund maintained exclusively for the support of
comprehensive programs to encourage and facilitate testimony by the
victims of crimes and witnesses to crimes. A program shall be
considered "comprehensive" only after approval of the ((department))
attorney general upon application by the county prosecuting attorney.
The ((department)) attorney general shall approve as comprehensive only
programs which:
(a) Provide comprehensive services to victims and witnesses of all
types of crime with particular emphasis on serious crimes against
persons and property. It is the intent of the legislature to make
funds available only to programs which do not restrict services to
victims or witnesses of a particular type or types of crime and that
such funds supplement, not supplant, existing local funding levels;
(b) Are administered by the county prosecuting attorney either
directly through the prosecuting attorney's office or by contract
between the county and agencies providing services to victims of crime;
(c) Make a reasonable effort to inform the known victim or his or
her surviving dependents of the existence of this chapter and the
procedure for making application for benefits;
(d) Assist victims in the restitution and adjudication process; and
(e) Assist victims of violent crimes in the preparation and
presentation of their claims to the ((department of labor and
industries)) attorney general under this chapter.
Before a program in any county west of the Cascade mountains is
submitted to the ((department)) attorney general for approval, it shall
be submitted for review and comment to each city within the county with
a population of more than one hundred fifty thousand. The
((department)) attorney general will consider if the county's proposed
comprehensive plan meets the needs of crime victims in cases
adjudicated in municipal, district or superior courts and of crime
victims located within the city and county.
(5) Upon submission to the ((department)) attorney general of a
letter of intent to adopt a comprehensive program, the prosecuting
attorney shall retain the money deposited by the county under
subsection (4) of this section until such time as the county
prosecuting attorney has obtained approval of a program from the
((department)) attorney general. Approval of the comprehensive plan by
the ((department)) attorney general must be obtained within one year of
the date of the letter of intent to adopt a comprehensive program. The
county prosecuting attorney shall not make any expenditures from the
money deposited under subsection (4) of this section until approval of
a comprehensive plan by the ((department)) attorney general. If a
county prosecuting attorney has failed to obtain approval of a program
from the ((department)) attorney general under subsection (4) of this
section or failed to obtain approval of a comprehensive program within
one year after submission of a letter of intent under this section, the
county treasurer shall monthly transmit one hundred percent of the
money deposited by the county under subsection (4) of this section to
the state treasurer for deposit in the state general fund.
(6) County prosecuting attorneys are responsible to make every
reasonable effort to insure that the penalty assessments of this
chapter are imposed and collected.
(7) Every city and town shall transmit monthly one and seventy-five
one-hundredths percent of all money, other than money received for
parking infractions, retained under RCW 3.50.100 and 35.20.220 to the
county treasurer for deposit as provided in subsection (4) of this
section.
Sec. 208 RCW 7.68.045 and 2010 c 122 s 3 are each amended to read
as follows:
The crime victims' compensation account is created in the custody
of the state treasurer. Expenditures from the account may be used only
for the crime victims' compensation program under this chapter. Only
the ((director of the department or the director's)) attorney general
or the attorney general's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 209 RCW 7.68.050 and 2011 c 346 s 704 and 2011 c 336 s 247
are each reenacted and amended to read as follows:
(1) No right of action at law for damages incurred as a consequence
of a criminal act shall be lost as a consequence of being entitled to
benefits under the provisions of this chapter. The victim or his or
her beneficiary may elect to seek damages from the person or persons
liable for the claimed injury or death, and such victim or beneficiary
is entitled to the full compensation and benefits provided by this
chapter regardless of any election or recovery made pursuant to this
section.
(2) For the purposes of this section, the rights, privileges,
responsibilities, duties, limitations, and procedures contained in
subsections (3) through (25) of this section apply.
(3)(a) If a third person is or may become liable to pay damages on
account of a victim's injury for which benefits and compensation are
provided under this chapter, the injured victim or beneficiary may
elect to seek damages from the third person.
(b) In every action brought under this section, the plaintiff shall
give notice to the ((department)) attorney general when the action is
filed. The ((department)) attorney general may file a notice of
statutory interest in recovery. When such notice has been filed by the
((department)) attorney general, the parties shall thereafter serve
copies of all notices, motions, pleadings, and other process on the
((department)) attorney general. The ((department)) attorney general
may then intervene as a party in the action to protect its statutory
interest in recovery.
(c) For the purposes of this subsection, "injury" includes any
physical or mental condition, disease, ailment, or loss, including
death, for which compensation and benefits are paid or payable under
this chapter.
(d) For the purposes of this chapter, "recovery" includes all
damages and insurance benefits, including life insurance, paid in
connection with the victim's injuries or death.
(4) An election not to proceed against the third person operates as
an assignment of the cause of action to the ((department)) attorney
general, which may prosecute or compromise the action in its discretion
in the name of the victim, beneficiary, or legal representative.
(5) If an injury to a victim results in the victim's death, the
((department)) attorney general to which the cause of action has been
assigned may petition a court for the appointment of a special personal
representative for the limited purpose of maintaining an action under
this chapter and chapter 4.20 RCW.
(6) If a beneficiary is a minor child, an election not to proceed
against a third person on such beneficiary's cause of action may be
exercised by the beneficiary's legal custodian or guardian.
(7) Any recovery made by the ((department)) attorney general shall
be distributed as follows:
(a) The ((department)) attorney general shall be paid the expenses
incurred in making the recovery including reasonable costs of legal
services;
(b) The victim or beneficiary shall be paid twenty-five percent of
the balance of the recovery made, which shall not be subject to
subsection (8) of this section, except that in the event of a
compromise and settlement by the parties, the victim or beneficiary may
agree to a sum less than twenty-five percent;
(c) The ((department)) attorney general shall be paid the amount
paid to or on behalf of the victim or beneficiary by the ((department))
attorney general; and
(d) The victim or beneficiary shall be paid any remaining balance.
(8) Thereafter no payment shall be made to or on behalf of a victim
or beneficiary by the ((department)) attorney general for such injury
until any further amount payable shall equal any such remaining
balance. Thereafter, such benefits shall be paid by the ((department))
attorney general to or on behalf of the victim or beneficiary as though
no recovery had been made from a third person.
(9) If the victim or beneficiary elects to seek damages from the
third person, any recovery made shall be distributed as follows:
(a) The costs and reasonable attorneys' fees shall be paid
proportionately by the victim or beneficiary and the ((department))
attorney general. The ((department)) attorney general may require
court approval of costs and attorneys' fees or may petition a court for
determination of the reasonableness of costs and attorneys' fees;
(b) The victim or beneficiary shall be paid twenty-five percent of
the balance of the award, except that in the event of a compromise and
settlement by the parties, the victim or beneficiary may agree to a sum
less than twenty-five percent;
(c) The ((department)) attorney general shall be paid the balance
of the recovery made, but only to the extent necessary to reimburse the
((department)) attorney general for the amount paid;
(i) The ((department)) attorney general shall bear its
proportionate share of the costs and reasonable attorneys' fees
incurred by the victim or beneficiary to the extent of the benefits
paid under this title. The ((department's)) attorney general's
proportionate share shall not exceed one hundred percent of the costs
and reasonable attorneys' fees;
(ii) The ((department's)) attorney general's proportionate share of
the costs and reasonable attorneys' fees shall be determined by
dividing the gross recovery amount into the benefits paid amount and
multiplying this percentage times the costs and reasonable attorneys'
fees incurred by the victim or beneficiary;
(iii) The ((department's)) attorney general's reimbursement share
shall be determined by subtracting their proportionate share of the
costs and reasonable attorneys' fees from the benefits paid amount;
(d) Any remaining balance shall be paid to the victim or
beneficiary; and
(e) Thereafter no payment shall be made to or on behalf of a victim
or beneficiary by the ((department)) attorney general for such injury
until the amount of any further amount payable shall equal any such
remaining balance minus the ((department's)) attorney general's
proportionate share of the costs and reasonable attorneys' fees in
regards to the remaining balance. This proportionate share shall be
determined by dividing the gross recovery amount into the remaining
balance amount and multiplying this percentage times the costs and
reasonable attorneys' fees incurred by the victim or beneficiary.
Thereafter, such benefits shall be paid by the ((department)) attorney
general to or on behalf of the victim or beneficiary as though no
recovery had been made from a third person.
(10) The recovery made shall be subject to a lien by the
((department)) attorney general for its share under this section.
Notwithstanding RCW 48.18.410, a recovery made from life insurance
shall be subject to a lien by the ((department)) attorney general.
(11) The ((department)) attorney general has sole discretion to
compromise the amount of its lien. In deciding whether or to what
extent to compromise its lien, the ((department)) attorney general
shall consider at least the following:
(a) The likelihood of collection of the award or settlement as may
be affected by insurance coverage, solvency, or other factors relating
to the third person;
(b) Factual and legal issues of liability as between the victim or
beneficiary and the third person. Such issues include but are not
limited to possible contributory negligence and novel theories of
liability; and
(c) Problems of proof faced in obtaining the award or settlement.
(12) It shall be the duty of the person to whom any recovery is
paid before distribution under this section to advise the
((department)) attorney general of the fact and amount of such
recovery, the costs and reasonable attorneys' fees associated with the
recovery, and to distribute the recovery in compliance with this
section.
(13) The distribution of any recovery made by award or settlement
of the third party action shall be confirmed by ((department)) attorney
general order, served by electronic, registered or certified mail, and
shall be subject to chapter 51.52 RCW. In the event the order of
distribution becomes final under chapter 51.52 RCW, the ((director or
the director's)) attorney general or the attorney general's designee
may file with the clerk of any county within the state a warrant in the
amount of the sum representing the unpaid lien plus interest accruing
from the date the order became final. The clerk of the county in which
the warrant is filed shall immediately designate a superior court cause
number for such warrant and the clerk shall cause to be entered in the
judgment docket under the superior court cause number assigned to the
warrant, the name of such victim or beneficiary mentioned in the
warrant, the amount of the unpaid lien plus interest accrued and the
date when the warrant was filed. The amount of such warrant as
docketed shall become a lien upon the title to and interest in all real
and personal property of the victim or beneficiary against whom the
warrant is issued, the same as a judgment in a civil case docketed in
the office of such clerk. The sheriff shall then proceed in the same
manner and with like effect as prescribed by law with respect to
execution or other process issued against rights or property upon
judgment in the superior court. Such warrant so docketed shall be
sufficient to support the issuance of writs of garnishment in favor of
the ((department)) attorney general in the manner provided by law in
the case of judgment, wholly or partially unsatisfied. The clerk of
the court shall be entitled to a filing fee under RCW 36.18.012(10),
which shall be added to the amount of the warrant. A copy of such
warrant shall be mailed to the victim or beneficiary within three days
of filing with the clerk.
(14) The ((director, or the director's)) attorney general or the
attorney general's designee, may issue to any person, firm,
corporation, municipal corporation, political subdivision of the state,
public corporation, or agency of the state, a notice and order to
withhold and deliver property of any kind if he or she has reason to
believe that there is in the possession of such person, firm,
corporation, municipal corporation, political subdivision of the state,
public corporation, or agency of the state, property which is due,
owing, or belonging to any victim or beneficiary upon whom a warrant
has been served by the ((department)) attorney general for payments due
to the crime victims' compensation program. The notice and order to
withhold and deliver shall be served by the sheriff of the county or by
the sheriff's deputy; by certified mail, return receipt requested; or
by any authorized representatives of the ((director)) attorney general.
Any person, firm, corporation, municipal corporation, political
subdivision of the state, public corporation, or agency of the state
upon whom service has been made shall answer the notice within twenty
days exclusive of the day of service, under oath and in writing, and
shall make true answers to the matters inquired of in the notice and
order to withhold and deliver. In the event there is in the possession
of the party named and served with such notice and order, any property
which may be subject to the claim of the ((department)) attorney
general, such property shall be delivered forthwith to the ((director
or the director's)) attorney general or the attorney general's
authorized representative upon demand. If the party served and named
in the notice and order fails to answer the notice and order within the
time prescribed in this section, the court may, after the time to
answer such order has expired, render judgment by default against the
party named in the notice for the full amount claimed by the
((director)) attorney general in the notice together with costs. In
the event that a notice to withhold and deliver is served upon an
employer and the property found to be subject thereto is wages, the
employer may assert in the answer to all exemptions provided for by
chapter 6.27 RCW to which the wage earner may be entitled.
(15) The ((department)) attorney general may require the victim or
beneficiary to exercise the right of election under this chapter by
serving a written demand by electronic mail, registered mail, certified
mail, or personal service on the victim or beneficiary.
(16) Unless an election is made within sixty days of the receipt of
the demand, and unless an action is instituted or settled within the
time granted by the ((department)) attorney general, the victim or
beneficiary is deemed to have assigned the action to the ((department))
attorney general. The ((department)) attorney general shall allow the
victim or beneficiary at least ninety days from the election to
institute or settle the action. When a beneficiary is a minor child
the demand shall be served upon the legal custodian or guardian of such
beneficiary.
(17) If an action which has been filed is not diligently
prosecuted, the ((department)) attorney general may petition the court
in which the action is pending for an order assigning the cause of
action to the ((department)) attorney general. Upon a sufficient
showing of a lack of diligent prosecution the court in its discretion
may issue the order.
(18) If the ((department)) attorney general has taken an assignment
of the third party cause of action under subsection (16) of this
section, the victim or beneficiary may, at the discretion of the
((department)) attorney general, exercise a right of reelection and
assume the cause of action subject to reimbursement of litigation
expenses incurred by the ((department)) attorney general.
(19) If the victim or beneficiary elects to seek damages from the
third person, notice of the election must be given to the
((department)) attorney general. The notice shall be by registered
mail, certified mail, or personal service. If an action is filed by
the victim or beneficiary, a copy of the complaint must be sent by
registered mail to the ((department)) attorney general.
(20) A return showing service of the notice on the ((department))
attorney general shall be filed with the court but shall not be part of
the record except as necessary to give notice to the defendant of the
lien imposed by subsection (10) of this section.
(21) Any compromise or settlement of the third party cause of
action by the victim or beneficiary which results in less than the
entitlement under this title is void unless made with the written
approval of the ((department)) attorney general. For the purposes of
this chapter, "entitlement" means benefits and compensation paid and
estimated by the ((department)) attorney general to be paid in the
future.
(22) If a compromise or settlement is void because of subsection
(21) of this section, the ((department)) attorney general may petition
the court in which the action was filed for an order assigning the
cause of action to the ((department)) attorney general. If an action
has not been filed, the ((department)) attorney general may proceed as
provided in chapter 7.24 RCW.
(23) The fact that the victim or beneficiary is entitled to
compensation under this title shall not be pleaded or admissible in
evidence in any third-party action under this chapter. Any challenge
of the right to bring such action shall be made by supplemental
pleadings only and shall be decided by the court as a matter of law.
(24) Actions against third persons that are assigned by the
claimant to the ((department)) attorney general, voluntarily or by
operation of law in accordance with this chapter, may be prosecuted by
special assistant attorneys general.
(25) The attorney general shall select special assistant attorneys
general from a list compiled by the ((department)) office of the
attorney general and the Washington state bar association. The
attorney general((, in conjunction with the department)) and the
Washington state bar association, shall adopt rules ((and regulations))
outlining the criteria and the procedure by which private attorneys may
have their names placed on the list of attorneys available for
appointment as special assistant attorneys general to litigate third-party actions under subsection (24) of this section.
(26) The 1980 amendments to this section apply only to injuries
which occur on or after April 1, 1980.
Sec. 210 RCW 7.68.060 and 2011 c 346 s 301 are each amended to
read as follows:
(1) Except for applications received pursuant to subsection (6) of
this section, no compensation of any kind shall be available under this
chapter if:
(a) An application for benefits is not received by the
((department)) attorney general within two years after the date the
criminal act was reported to a local police department or sheriff's
office or the date the rights of beneficiaries accrued, unless the
((director)) attorney general has determined that "good cause" exists
to expand the time permitted to receive the application. "Good cause"
shall be determined by the ((department)) attorney general on a case-by-case basis and may extend the period of time in which an application
can be received for up to five years after the date the criminal act
was reported to a local police department or sheriff's office or the
date the rights of beneficiaries accrued; or
(b) The criminal act is not reported by the victim or someone on
his or her behalf to a local police department or sheriff's office
within twelve months of its occurrence or, if it could not reasonably
have been reported within that period, within twelve months of the time
when a report could reasonably have been made. In making
determinations as to reasonable time limits, the ((department))
attorney general shall give greatest weight to the needs of the
victims.
(2) No person or spouse, child, or dependent of such person is
eligible for benefits under this chapter when the injury for which
benefits are sought, was:
(a) The result of consent, provocation, or incitement by the
victim, unless an injury resulting from a criminal act caused the death
of the victim;
(b) Sustained while the crime victim was engaged in the attempt to
commit, or the commission of, a felony; or
(c) Sustained while the victim was confined in any county or city
jail, federal jail or prison or in any other federal institution, or
any state correctional institution maintained and operated by the
department of social and health services or the department of
corrections, prior to release from lawful custody; or confined or
living in any other institution maintained and operated by the
department of social and health services or the department of
corrections.
(3) No person or spouse, child, or dependent of such person is
eligible for benefits under this chapter where the person making a
claim for such benefits has refused to give reasonable cooperation to
state or local law enforcement agencies in their efforts to apprehend
and convict the perpetrator of the criminal act which gave rise to the
claim.
(4) A victim is not eligible for benefits under this chapter if he
or she:
(a) Has been convicted of a felony offense within five years
preceding the criminal act for which they are applying where the felony
offense is a violent offense under RCW 9.94A.030 or a crime against
persons under RCW 9.94A.411, or is convicted of such a felony offense
after the criminal act for which they are applying; and
(b) Has not completely satisfied all legal financial obligations
owed.
(5) Because victims of childhood criminal acts may repress
conscious memory of such criminal acts far beyond the age of eighteen,
the rights of adult victims of childhood criminal acts shall accrue at
the time the victim discovers or reasonably should have discovered the
elements of the crime. In making determinations as to reasonable time
limits, the ((department)) attorney general shall give greatest weight
to the needs of the victim.
(6)(a) Benefits under this chapter are available to any victim of
a person against whom the state initiates proceedings under chapter
71.09 RCW. The right created under this subsection shall accrue when
the victim is notified of proceedings under chapter 71.09 RCW or the
victim is interviewed, deposed, or testifies as a witness in connection
with the proceedings. An application for benefits under this
subsection must be received by the ((department)) attorney general
within two years after the date the victim's right accrued unless the
((director)) attorney general determines that good cause exists to
expand the time to receive the application. The ((director)) attorney
general shall determine "good cause" on a case-by-case basis and may
extend the period of time in which an application can be received for
up to five years after the date the right of the victim accrued.
Benefits under this subsection shall be limited to compensation for
costs or losses incurred on or after the date the victim's right
accrues for a claim allowed under this subsection.
(b) A person identified as the "minor" in the charge of commercial
sexual abuse of a minor under RCW 9.68A.100, promoting commercial
sexual abuse of a minor under RCW 9.68A.101, or promoting travel for
commercial sexual abuse of a minor under RCW 9.68A.102 is considered a
victim of a criminal act for the purpose of the right to benefits under
this chapter even if the person is also charged with prostitution under
RCW 9A.88.030.
Sec. 211 RCW 7.68.070 and 2011 c 346 s 401 are each amended to
read as follows:
The eligibility for benefits under this chapter and the amount
thereof will be governed insofar as is applicable by the provisions
contained in this chapter.
(1) Each victim injured as a result of a criminal act, including
criminal acts committed between July 1, 1981, and January 1, 1983, or
the victim's family or beneficiary in case of death of the victim, are
eligible for benefits in accordance with this chapter, subject to the
limitations under RCW 7.68.015. No more than fifty thousand dollars
shall be paid in total per claim, of which nonmedical benefits shall
not exceed forty thousand dollars of the entire claim. Benefits may
include a combination of burial expenses, financial support for lost
wages, and medical expenses.
(a) Benefits payable for temporary total disability that results in
financial support for lost wages shall not exceed fifteen thousand
dollars.
(b) Benefits payable for a permanent total disability or fatality
that results in financial support for lost wages shall not exceed forty
thousand dollars. After at least twelve monthly payments have been
paid, the ((department)) attorney general shall have the sole
discretion to make a final lump sum payment of the balance remaining.
(c) Benefits for disposition of remains or burial expenses shall
not exceed five thousand seven hundred fifty dollars per claim.
(2) If the victim was not gainfully employed at the time of the
criminal act, no financial support for lost wages will be paid to the
victim or any beneficiaries.
(3) No victim or beneficiary shall receive compensation for or
during the day on which the injury was received.
(4) If a victim's employer continues to pay the victim's wages that
he or she was earning at the time of the crime, the victim shall not
receive any financial support for lost wages.
(5) When the ((director)) attorney general determines that a
temporary total disability results in a loss of wages, the victim shall
receive monthly subject to subsection (1) of this section, during the
period of disability, sixty percent of the victim's monthly wage but no
more than one hundred percent of the state's average monthly wage as
defined in RCW 7.68.020. The minimum monthly payment shall be no less
than five hundred dollars. Monthly wages shall be based upon employer
wage statements, employment security records, or documents reported to
and certified by the internal revenue service. Monthly wages must be
determined using the actual documented monthly wage or averaging the
total wages earned for up to twelve successive calendar months
preceding the injury. In cases where the victim's wages and hours are
fixed, they shall be determined by multiplying the daily wage the
victim was receiving at the time of the injury:
(a) By five, if the victim was normally employed one day a week;
(b) By nine, if the victim was normally employed two days a week;
(c) By thirteen, if the victim was normally employed three days a
week;
(d) By eighteen, if the victim was normally employed four days a
week;
(e) By twenty-two, if the victim was normally employed five days a
week;
(f) By twenty-six, if the victim was normally employed six days a
week; or
(g) By thirty, if the victim was normally employed seven days a
week.
(6) When the ((director)) attorney general determines that a
permanent total disability or death results in a loss of wages, the
victim or eligible spouse shall receive the monthly payments
established in this subsection, not to exceed forty thousand dollars or
the limits established in this chapter.
(7) If the ((director)) attorney general determines that the victim
is voluntarily retired and is no longer attached to the workforce,
benefits shall not be paid under this section.
(8) In the case of death, if there is no eligible spouse, benefits
shall be paid to the child or children of the deceased victim. If
there is no spouse or children, no payments shall be made under this
section. If the spouse remarries before this benefit is paid in full
benefits shall be paid to the victim's child or children and the spouse
shall not receive further payment. If there is no child or children no
further payments will be made.
(9) The benefits for disposition of remains or burial expenses
shall not exceed five thousand seven hundred fifty dollars per claim
and to receive reimbursement for expenses related to the disposition of
remains or burial, the ((department)) attorney general must receive an
itemized statement from a provider of services within twelve months of
the date upon which the death of the victim is officially recognized as
a homicide. If there is a delay in the recovery of remains or the
release of remains for disposition or burial, an itemized statement
from a provider of services must be received within twelve months of
the date of the release of the remains.
(10) Any person who is responsible for the victim's injuries, or
who would otherwise be unjustly enriched as a result of the victim's
injuries, shall not be a beneficiary under this chapter.
(11) Crime victims' compensation is not available to pay for
services covered under chapter 74.09 RCW or Title XIX of the federal
social security act.
(12) A victim whose crime occurred in another state who qualifies
for benefits under RCW 7.68.060(6) may receive appropriate mental
health counseling to address distress arising from participation in the
civil commitment proceedings. Fees for counseling shall be determined
by the ((department)) attorney general in accordance with RCW
51.04.030, subject to the limitations of RCW 7.68.080.
(13) If the provisions of this title relative to compensation for
injuries to or death of victims become invalid because of any
adjudication, or are repealed, the period intervening between the
occurrence of an injury or death, not previously compensated for under
this title by lump payment or completed monthly payments, and such
repeal or the rendition of the final adjudication of invalidity shall
not be computed as a part of the time limited by law for the
commencement of any action relating to such injury or death.
(14) The benefits established in RCW 51.32.080 for permanent
partial disability will not be provided to any crime victim or for any
claim submitted on or after July 1, 2011.
Sec. 212 RCW 7.68.071 and 2011 c 346 s 403 are each amended to
read as follows:
(1) Benefits for permanent total disability shall be determined
under the ((director's)) attorney general's supervision, only after the
injured victim's condition becomes fixed.
(2) All determinations of permanent total disabilities shall be
made by the ((department)) attorney general. The victim may make a
request or the inquiry may be initiated by the ((director)) attorney
general. Determinations shall be required in every instance where
permanent total disability is likely to be present.
(3) A request for determination of permanent total disability shall
be examined by the ((department)) attorney general, and the
((department)) attorney general shall issue an order in accordance with
RCW 51.52.050.
Sec. 213 RCW 7.68.072 and 2011 c 346 s 404 are each amended to
read as follows:
(1) If aggravation, diminution, or termination of disability takes
place, the ((director)) attorney general may, upon the application of
the beneficiary, made within seven years from the date the first
closing order becomes final, or at any time upon his or her own motion,
readjust the rate of compensation in accordance with the rules in this
section provided for the same, or in a proper case terminate the
payment. The ((director)) attorney general may, upon application of
the victim made at any time, provide proper and necessary medical and
surgical services as authorized under RCW 7.68.095.
(2) "Closing order" as used in this section means an order based on
factors which include medical recommendation, advice, examination, or
the maximum benefit has been met.
Sec. 214 RCW 7.68.073 and 2011 c 346 s 405 are each amended to
read as follows:
(1) For persons receiving compensation for temporary total
disability pursuant to the provisions of this chapter, such
compensation shall be reduced by an amount equal to the benefits
payable under the federal old-age, survivors, and disability insurance
act as now or hereafter amended not to exceed the amount of the
reduction established pursuant to 42 U.S.C. Sec. 424a. However, such
reduction shall not apply when the combined compensation provided
pursuant to this chapter and the federal old-age, survivors, and
disability insurance act is less than the total benefits to which the
federal reduction would apply, pursuant to 42 U.S.C. 424a. Where any
person described in this section refuses to authorize the release of
information concerning the amount of benefits payable under said
federal act the ((department's)) attorney general's estimate of said
amount shall be deemed to be correct unless and until the actual amount
is established and no adjustment shall be made for any period of time
covered by any such refusal.
(2) Any reduction under subsection (1) of this section shall be
effective the month following the month in which the ((department))
attorney general is notified by the federal social security
administration that the person is receiving disability benefits under
the federal old-age, survivors, and disability insurance act. In the
event of an overpayment of benefits, the ((department)) attorney
general may not recover more than the overpayments for the six months
immediately preceding the date on which the ((department)) attorney
general notifies the victim that an overpayment has occurred. Upon
determining that there has been an overpayment, the ((department))
attorney general shall immediately notify the person who received the
overpayment that he or she shall be required to make repayment pursuant
to this section and RCW 7.68.126.
(3) Recovery of any overpayment must be taken from future temporary
or permanent total disability benefits or permanent partial disability
benefits provided by this chapter. In the case of temporary or
permanent total disability benefits, the recovery shall not exceed
twenty-five percent of the monthly amount due from the ((department))
attorney general or one-sixth of the total overpayment, whichever is
the lesser.
(4) No reduction may be made unless the victim receives notice of
the reduction prior to the month in which the reduction is made.
(5) In no event shall the reduction reduce total benefits to less
than the greater amount the victim may be eligible under this chapter
or the federal old-age, survivors, and disability insurance act.
(6) The ((director)) attorney general, pursuant to rules adopted in
accordance with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise his or her discretion to waive, in
whole or in part, the amount of any overpayment where the recovery
would be against equity and good conscience.
(7) Subsection (1) of this section applies to:
(a) Victims under the age of sixty-two whose effective entitlement
to total disability compensation begins before January 2, 1983;
(b) Victims under the age of sixty-five whose effective entitlement
to total disability compensation begins after January 1, 1983; and
(c) Victims who will become sixty-five years of age on or after
June 10, 2004.
(8)(a) If the federal social security administration makes a
retroactive reduction in the federal social security disability benefit
entitlement of a victim for periods of temporary total, temporary
partial, or total permanent disability for which the ((department))
attorney general also reduced the victim's benefit amounts under this
section, the ((department)) attorney general shall make adjustments in
the calculation of benefits and pay the additional benefits to the
victim as appropriate. However, the ((department)) attorney general
shall not make changes in the calculation or pay additional benefits
unless the victim submits a written request, along with documentation
satisfactory to the ((director)) attorney general of an overpayment
assessment by the social security administration, to the ((department))
attorney general.
(b) Additional benefits paid under this subsection:
(i) Are paid without interest and without regard to whether the
victim's claim under this chapter is closed; and
(ii) Do not affect the status or the date of the claim's closure.
(c) This subsection does not apply to requests on claims for which
a determination on the request has been made and is not subject to
further appeal.
Sec. 215 RCW 7.68.075 and 2011 c 346 s 207 are each amended to
read as follows:
Under this chapter, the marital status of all victims shall be
deemed to be fixed as of the date of the criminal act. All references
to the child or children living or conceived of the victim in this
chapter shall be deemed to refer to such child or children as of the
date of the criminal act unless the context clearly indicates the
contrary.
Payments for or on account of any such child or children shall
cease when such child is no longer a "child" or on the death of any
such child whichever occurs first.
Payments to the victim or surviving spouse for or on account of any
such child or children shall be made only when the victim or surviving
spouse has legal custody of any such child or children. Where the
victim or surviving spouse does not have such legal custody any
payments for or on account of any such child or children shall be made
to the person having legal custody of such child or children and the
amount of payments shall be subtracted from the payments which would
have been due the victim or surviving spouse had legal custody not been
transferred to another person. It shall be the duty of any person or
persons receiving payments because of legal custody of any child to
immediately notify the ((department)) attorney general of any change in
such legal custody.
Sec. 216 RCW 7.68.076 and 2011 c 346 s 407 are each amended to
read as follows:
A beneficiary shall at all times furnish the ((department))
attorney general with proof satisfactory to the ((director)) attorney
general of the nature, amount, and extent of the contribution made by
the deceased victim.
Sec. 217 RCW 7.68.077 and 2011 c 346 s 306 are each amended to
read as follows:
Except as otherwise provided by treaty or this chapter, whenever
compensation is payable to a beneficiary who is an alien not residing
in the United States, the ((department)) attorney general shall pay the
compensation to which a resident beneficiary is eligible under this
chapter. But if a nonresident alien beneficiary is a citizen of a
government having a compensation law which excludes citizens of the
United States, either resident or nonresident, from partaking of the
benefit of such law in as favorable a degree as herein extended to
nonresident aliens, he or she shall receive no compensation. No
payment shall be made to any beneficiary residing in any country with
which the United States does not maintain diplomatic relations when
such payment is due.
Sec. 218 RCW 7.68.080 and 2011 1st sp.s. c 15 s 69 and 2011 c 346
s 501 are each reenacted and amended to read as follows:
(1) When the injury to any victim is so serious as to require the
victim's being taken from the place of injury to a place of treatment,
reasonable transportation costs to the nearest place of proper
treatment shall be reimbursed by the ((department)) attorney general as
part of the victim's total claim under RCW 7.68.070(1).
(2) In the case of alleged rape or molestation of a child, the
reasonable costs of a colposcopy examination shall be reimbursed by the
((department)) attorney general. Costs for a colposcopy examination
given under this subsection shall not be included as part of the
victim's total claim under RCW 7.68.070(1).
(3) The ((director)) attorney general shall adopt rules for fees
and charges for hospital, clinic, medical, and other health care
services, including fees and costs for durable medical equipment, eye
glasses, hearing aids, and other medically necessary devices for crime
victims under this chapter. The ((director)) attorney general shall
set these service levels and fees at a level no lower than those
established by the health care authority under Title 74 RCW. In
establishing fees for medical and other health care services, the
((director)) attorney general shall consider the ((director's))
attorney general's duty to purchase health care in a prudent, cost-effective manner. The ((director)) attorney general shall establish
rules adopted in accordance with chapter 34.05 RCW. Nothing in this
chapter may be construed to require the payment of interest on any
billing, fee, or charge.
(4) Whenever the ((director)) attorney general deems it necessary
in order to resolve any medical issue, a victim shall submit to
examination by a physician or physicians selected by the ((director))
attorney general, with the rendition of a report to the person ordering
the examination. The ((department)) attorney general shall provide the
physician performing an examination with all relevant medical records
from the victim's claim file. The ((director)) attorney general, in
his or her discretion, may charge the cost of such examination or
examinations to the crime victims' compensation fund. If the
examination is paid for by the victim, then the cost of said
examination shall be reimbursed to the victim for reasonable costs
connected with the examination as part of the victim's total claim
under RCW 7.68.070(1).
(5) Victims of sexual assault are eligible to receive appropriate
counseling. Fees for such counseling shall be determined by the
((department)) attorney general. Counseling services may include, if
determined appropriate by the ((department)) attorney general,
counseling of members of the victim's immediate family, other than the
perpetrator of the assault.
(6) Immediate family members of a homicide victim may receive
appropriate counseling to assist in dealing with the immediate,
near-term consequences of the related effects of the homicide. Up to
twelve counseling sessions may be received for one year after the crime
victim's claim has been allowed. Fees for counseling shall be
determined by the ((department)) attorney general in accordance with
and subject to this section. Payment of counseling benefits under this
section may not be provided to the perpetrator of the homicide. The
benefits under this subsection may be provided only with respect to
homicides committed on or after July 1, 1992.
(7) Pursuant to RCW 7.68.070(12), a victim of a sex offense that
occurred outside of Washington may be eligible to receive mental health
counseling related to participation in proceedings to civilly commit a
perpetrator.
(8) The crime victims' compensation program shall consider payment
of benefits solely for the effects of the criminal act.
(9) The legislature finds and declares it to be in the public
interest of the state of Washington that a proper regulatory and
inspection program be instituted in connection with the provision of
any services provided to crime victims pursuant to this chapter. In
order to effectively accomplish such purpose and to assure that the
victim receives such services as are paid for by the state of
Washington, the acceptance by the victim of such services, and the
request by a provider of services for reimbursement for providing such
services, shall authorize the ((director of the department or the
director's)) attorney general or the attorney general's authorized
representative to inspect and audit all records in connection with the
provision of such services. In the conduct of such audits or
investigations, the ((director or the director's)) attorney general or
the attorney general's authorized representatives may:
(a) Examine all records, or portions thereof, including patient
records, for which services were rendered by a health care provider and
reimbursed by the ((department)) attorney general, notwithstanding the
provisions of any other statute which may make or purport to make such
records privileged or confidential, except that no original patient
records shall be removed from the premises of the health care provider,
and that the disclosure of any records or information obtained under
authority of this section by the ((department)) attorney general is
prohibited and constitutes a violation of RCW 42.52.050, unless such
disclosure is directly connected to the official duties of the
((department)) attorney general. The disclosure of patient information
as required under this section shall not subject any physician,
licensed advanced registered nurse practitioner, or other health care
provider to any liability for breach of any confidential relationships
between the provider and the patient. The ((director or the
director's)) attorney general or the attorney general's authorized
representative shall destroy all copies of patient medical records in
((their)) his or her possession upon completion of the audit,
investigation, or proceedings;
(b) Approve or deny applications to participate as a provider of
services furnished to crime victims pursuant to this title;
(c) Terminate or suspend eligibility to participate as a provider
of services furnished to victims pursuant to this title; and
(d) Pursue collection of unpaid overpayments and/or penalties plus
interest accrued from health care providers pursuant to RCW
51.32.240(6).
(10) When contracting for health care services and equipment, the
((department)) attorney general, upon request of a contractor, shall
keep confidential financial and valuable trade information, which shall
be exempt from public inspection and copying under chapter 42.56 RCW.
Sec. 219 RCW 7.68.085 and 2011 c 346 s 502 are each amended to
read as follows:
(1) This section has no force or effect from April 1, 2010, until
July 1, 2015.
(2) The ((director of labor and industries)) attorney general shall
institute a cap on medical benefits of one hundred fifty thousand
dollars per injury or death.
For the purposes of this section, an individual will not be
required to use his or her assets other than funds recovered as a
result of a civil action or criminal restitution, for medical expenses
or pain and suffering, in order to qualify for an alternative source of
payment.
The director of labor and industries shall, in cooperation with the
department of social and health services, establish by October 1, 1989,
a process to aid crime victims in identifying and applying for
appropriate alternative benefit programs, if any, administered by the
department of social and health services.
Sec. 220 RCW 7.68.085 and 2011 c 346 s 502 are each amended to
read as follows:
The ((director of labor and industries)) attorney general shall
institute a cap on medical benefits of one hundred fifty thousand
dollars per injury or death.
For the purposes of this section, an individual will not be
required to use his or her assets other than funds recovered as a
result of a civil action or criminal restitution, for medical expenses
or pain and suffering, in order to qualify for an alternative source of
payment.
The director of labor and industries shall, in cooperation with the
department of social and health services, establish by October 1, 1989,
a process to aid crime victims in identifying and applying for
appropriate alternative benefit programs, if any, administered by the
department of social and health services.
Sec. 221 RCW 7.68.093 and 2011 c 346 s 505 are each amended to
read as follows:
The ((department)) attorney general shall examine the credentials
of persons conducting special medical examinations and shall monitor
the quality and objectivity of examinations and reports. The
((department)) attorney general shall adopt rules to ensure that
examinations are performed only by qualified persons meeting
((department)) attorney general standards.
Sec. 222 RCW 7.68.094 and 2011 c 346 s 506 are each amended to
read as follows:
(1) Any victim eligible to receive any benefits or claiming such
under this title shall, if requested by the ((department)) attorney
general submit himself or herself for medical examination, at a time
and from time to time, at a place reasonably convenient for the victim
as may be provided by the rules of the ((department)) attorney general.
An injured victim, whether an alien or other injured victim, who is not
residing in the United States at the time that a medical examination is
requested may be required to submit to an examination at any location
in the United States determined by the ((department)) attorney general.
(2) If the victim refuses to submit to medical examination, or
obstructs the same, or, if any injured victim shall persist in
unsanitary or injurious practices which tend to imperil or retard his
or her recovery, or shall refuse to submit to such medical or surgical
treatment as is reasonably essential to his or her recovery does not
cooperate in reasonable efforts at such rehabilitation, the
((department)) attorney general may suspend any further action on any
claim of such victim so long as such refusal, obstruction,
noncooperation, or practice continues and thus, the ((department))
attorney general may reduce, suspend, or deny any compensation for such
period. The ((department)) attorney general may not suspend any
further action on any claim of a victim or reduce, suspend, or deny any
compensation if a victim has good cause for refusing to submit to or to
obstruct any examination, evaluation, treatment, or practice requested
by the ((department)) attorney general or required under this section.
(3) If the victim necessarily incurs traveling expenses in
attending the examination pursuant to the request of the ((department))
attorney general, such traveling expenses shall be repaid to him or her
upon proper voucher and audit.
(4) If the medical examination required by this section causes the
victim to be absent from his or her work without pay, the victim shall
be paid compensation in an amount equal to his or her usual wages for
the time lost from work while attending the medical examination when
the victim is insured by the ((department)) attorney general.
Sec. 223 RCW 7.68.095 and 2011 c 346 s 507 are each amended to
read as follows:
Upon the occurrence of any injury to a victim eligible for
compensation under the provisions of this chapter, he or she shall
receive proper and necessary medical and surgical services using his or
her private or public insurance or if no insurance, using a provider of
his or her own choice. In all accepted claims, treatment shall be
limited in point of duration as follows:
(1) No treatment shall be provided once the victim has received the
maximum compensation under this chapter.
(2) In case of temporary disability, treatment shall not extend
beyond the time when monthly allowances to him or her shall cease.
After any injured victim has returned to his or her work, his or her
medical and surgical treatment may be continued if, and so long as,
such continuation is determined by the ((director)) attorney general to
be necessary to his or her recovery, and as long as the victim has not
received the maximum compensation under this chapter.
Sec. 224 RCW 7.68.096 and 2011 c 346 s 508 are each amended to
read as follows:
Any medical provider who fails, neglects, or refuses to file a
report with the ((director)) attorney general, as required by this
chapter, within five days of the date of treatment, showing the
condition of the injured victim at the time of treatment, a description
of the treatment given, and an estimate of the probable duration of the
injury, or who fails or refuses to render all necessary assistance to
the injured victim, as required by this chapter, shall be subject to a
civil penalty determined by the ((director)) attorney general but not
to exceed two hundred fifty dollars. The amount shall be paid into the
crime victims' compensation account.
Sec. 225 RCW 7.68.101 and 2011 c 346 s 307 are each amended to
read as follows:
Physicians or licensed advanced registered nurse practitioners
examining or attending injured victims under this chapter shall comply
with rules ((and regulations)) adopted by the ((director)) attorney
general, and shall make such reports as may be requested by the
((department)) attorney general upon the condition or treatment of any
such victim, or upon any other matters concerning such victims in their
care. Except under RCW 49.17.210 and 49.17.250, all medical
information in the possession or control of any person and relevant to
the particular injury in the opinion of the ((department)) attorney
general pertaining to any victim whose injury is the basis of a claim
under this chapter shall be made available at any stage of the
proceedings to the claimant's representative and the ((department))
attorney general upon request, and no person shall incur any legal
liability by reason of releasing such information.
Sec. 226 RCW 7.68.111 and 2011 c 346 s 601 are each amended to
read as follows:
(1)(a) If the victim or beneficiary in a claim prevails in an
appeal by any party to the ((department)) attorney general or the
court, the ((department)) attorney general shall comply with the
((department)) attorney general's or court's order with respect to the
payment of compensation within the later of the following time periods:
(i) Sixty days after the compensation order has become final and is
not subject to review or appeal; or
(ii) If the order has become final and is not subject to review or
appeal and the ((department)) attorney general has, within the period
specified in (a)(i) of this subsection, requested the filing by the
victim or beneficiary of documents necessary to make payment of
compensation, sixty days after all requested documents are filed with
the ((department)) attorney general.
The ((department)) attorney general may extend the sixty-day time
period for an additional thirty days for good cause.
(b) If the ((department)) attorney general fails to comply with (a)
of this subsection, any person eligible for compensation under the
order may institute proceedings for injunctive or other appropriate
relief for enforcement of the order. These proceedings may be
instituted in the superior court for the county in which the claimant
resides, or, if the claimant is not then a resident of this state, in
the superior court for Thurston county.
(2) In a proceeding under this section, the court shall enforce
obedience to the order by proper means, enjoining compliance upon the
person obligated to comply with the compensation order. The court may
issue such writs and processes as are necessary to carry out its orders
and may award a penalty of up to one thousand dollars to the person
eligible for compensation under the order.
(3) A proceeding under this section does not preclude other methods
of enforcement provided for in this chapter.
Sec. 227 RCW 7.68.120 and 1995 c 33 s 1 are each amended to read
as follows:
Any person who has committed a criminal act which resulted in
injury compensated under this chapter may be required to make
reimbursement to the ((department)) attorney general as provided in
this section.
(1) Any payment of benefits to or on behalf of a victim under this
chapter creates a debt due and owing to the ((department)) attorney
general by any person found to have committed the criminal act in
either a civil or criminal court proceeding in which he or she is a
party. If there has been a superior or district court order, or an
order of the indeterminate sentence review board or the department of
social and health services, as provided in subsection (4) of this
section, the debt shall be limited to the amount provided for in the
order. A court order shall prevail over any other order. If, in a
criminal proceeding, a person has been found to have committed the
criminal act that results in the payment of benefits to a victim and
the court in the criminal proceeding does not enter a restitution
order, the ((department)) attorney general shall, within one year of
imposition of the sentence, petition the court for entry of a
restitution order.
(2)(a) The ((department)) attorney general may issue a notice of
debt due and owing to the person found to have committed the criminal
act, and shall serve the notice on the person in the manner prescribed
for the service of a summons in a civil action or by certified mail.
The ((department)) attorney general shall file the notice of debt due
and owing along with proof of service with the superior court of the
county where the criminal act took place. The person served the notice
shall have thirty days from the date of service to respond to the
notice by requesting a hearing in superior court.
(b) If a person served a notice of debt due and owing fails to
respond within thirty days, the ((department)) attorney general may
seek a default judgment. Upon entry of a judgment in an action brought
pursuant to (a) of this subsection, the clerk shall enter the order in
the execution docket. The filing fee shall be added to the amount of
the debt indicated in the judgment. The judgment shall become a lien
upon all real and personal property of the person named in the judgment
as in other civil cases. The judgment shall be subject to execution,
garnishment, or other procedures for collection of a judgment.
(3)(a) The ((director)) attorney general, or the ((director's))
attorney general's designee, may issue to any person or organization an
order to withhold and deliver property of any kind if there is reason
to believe that the person or organization possesses property that is
due, owing, or belonging to any person against whom a judgment for a
debt due and owing has been entered under subsection (2) of this
section. For purposes of this subsection, "person or organization"
includes any individual, firm, association, corporation, political
subdivision of the state, or agency of the state.
(b) The order to withhold and deliver must be served in the manner
prescribed for the service of a summons in a civil action or by
certified mail, return receipt requested. Any person or organization
upon whom service has been made shall answer the order within twenty
days exclusive of the day of service, under oath and in writing, and
shall make true answers to the matters inquired of therein.
(c) If there is in the possession of the person or organization
served with the order any property that might be subject to the claim
of the ((department)) attorney general, the person or organization must
immediately withhold such property and deliver the property to the
((director)) attorney general or the ((director's)) attorney general's
authorized representative immediately upon demand.
(d) If the person or organization served the order fails to timely
answer the order, the court may render judgment by default against the
person or organization for the full amount claimed by the ((director))
attorney general in the order plus costs.
(e) If an order to withhold and deliver is served upon an employer
and the property found to be subject to the notice is wages, the
employer may assert in the answer all exemptions to which the wage
earner might be entitled as provided by RCW 6.27.150.
(4) Upon being placed on work release pursuant to chapter 72.65
RCW, or upon release from custody of a state correctional facility on
parole, any convicted person who owes a debt to the ((department))
attorney general as a consequence of a criminal act may have the
schedule or amount of payments therefor set as a condition of work
release or parole by the department of social and health services or
indeterminate sentence review board respectively, subject to
modification based on change of circumstances. Such action shall be
binding on the ((department)) attorney general.
(5) Any requirement for payment due and owing the ((department))
attorney general by a convicted person under this chapter may be
waived, modified downward or otherwise adjusted by the ((department))
attorney general in the interest of justice, the well-being of the
victim, and the rehabilitation of the individual.
(6) The ((department)) attorney general shall not seek payment for
a debt due and owing if such action would deprive the victim of the
crime giving rise to the claim under this chapter of the benefit of any
property to which the victim would be entitled under RCW 26.16.030.
Sec. 228 RCW 7.68.125 and 2011 c 346 s 701 are each amended to
read as follows:
(1)(a) Whenever any payment of benefits under this chapter is made
because of clerical error, mistake of identity, innocent
misrepresentation by or on behalf of the recipient thereof mistakenly
acted upon, or any other circumstance of a similar nature, all not
induced by willful misrepresentation, the recipient thereof shall repay
it and recoupment may be made from any future payments due to the
recipient on any claim with the crime victims' compensation program.
The ((department)) attorney general must make claim for such repayment
or recoupment within one year of the making of any such payment or it
will be deemed any claim therefor has been waived.
(b) Except as provided in subsections (3) and (4) of this section,
the ((department)) attorney general may only assess an overpayment of
benefits because of adjudicator error when the order upon which the
overpayment is based is not yet final as provided in RCW 51.52.050 and
51.52.060. "Adjudicator error" includes the failure to consider
information in the claim file, failure to secure adequate information,
or an error in judgment.
(c) The ((director)) attorney general, pursuant to rules adopted in
accordance with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise his or her discretion to waive, in
whole or in part, the amount of any such timely claim where the
recovery would be against equity and good conscience.
(2) Whenever the ((department)) attorney general fails to pay
benefits because of clerical error, mistake of identity, or innocent
misrepresentation, all not induced by recipient willful
misrepresentation, the recipient may request an adjustment of benefits
to be paid from the crime victims' compensation programs subject to the
following:
(a) The recipient must request an adjustment in benefits within one
year from the date of the incorrect payment or it will be deemed any
claim therefore has been waived.
(b) The recipient may not seek an adjustment of benefits because of
adjudicator error. Adjustments due to adjudicator error are addressed
by the filing of a written request for reconsideration with the
((department)) attorney general or an appeal with the ((department))
attorney general within ninety days from the date the order is
communicated as provided in RCW 51.52.050. "Adjudicator error"
includes the failure to consider information in the claim file, failure
to secure adequate information, or an error in judgment.
(3) Whenever any payment of benefits under this chapter has been
made pursuant to an adjudication by the ((department)) attorney general
or by order of any court and timely appeal therefrom has been made
where the final decision is that any such payment was made pursuant to
an erroneous adjudication, the recipient thereof shall repay it and
recoupment may be made from any future payments due to the recipient on
any claim.
(a) The ((director)) attorney general, pursuant to rules adopted in
accordance with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise discretion to waive, in whole or
in part, the amount of any such payments where the recovery would be
against equity and good conscience.
(b) The ((department)) attorney general shall first attempt
recovery of overpayments for health services from any entity that
provided health insurance to the victim to the extent that the health
insurance entity would have provided health insurance benefits.
(4)(a) Whenever any payment of benefits under this chapter has been
induced by willful misrepresentation the recipient thereof shall repay
any such payment together with a penalty of fifty percent of the total
of any such payments and the amount of such total sum may be recouped
from any future payments due to the recipient on any claim with the
crime victims' compensation program against whom the willful
misrepresentation was committed and the amount of such penalty shall be
placed in the crime victims' compensation fund. Such repayment or
recoupment must be demanded or ordered within three years of the
discovery of the willful misrepresentation.
(b) For purposes of this subsection (4), it is willful
misrepresentation for a person to obtain payments or other benefits
under this chapter in an amount greater than that to which the person
otherwise would be entitled. Willful misrepresentation includes:
(i) Willful false statement; or
(ii) Willful misrepresentation, omission, or concealment of any
material fact.
(c) For purposes of this subsection (4), "willful" means a
conscious or deliberate false statement, misrepresentation, omission,
or concealment of a material fact with the specific intent of
obtaining, continuing, or increasing benefits under this chapter.
(d) For purposes of this subsection (4), failure to disclose a
work-type activity must be willful in order for a misrepresentation to
have occurred.
(e) For purposes of this subsection (4), a material fact is one
which would result in additional, increased, or continued benefits,
including but not limited to facts about physical restrictions, or
work-type activities which either result in wages or income or would be
reasonably expected to do so. Wages or income include the receipt of
any goods or services. For a work-type activity to be reasonably
expected to result in wages or income, a pattern of repeated activity
must exist. For those activities that would reasonably be expected to
result in wages or produce income, but for which actual wage or income
information cannot be reasonably determined, the ((department))
attorney general shall impute wages.
(5) The victim, beneficiary, or other person affected thereby shall
have the right to contest an order assessing an overpayment pursuant to
this section in the same manner and to the same extent as provided
under RCW 51.52.050 and 51.52.060. In the event such an order becomes
final under chapter 51.52 RCW and notwithstanding the provisions of
subsections (1) through (4) of this section, the ((director)) attorney
general or ((director's)) attorney general's designee may file with the
clerk in any county within the state a warrant in the amount of the sum
representing the unpaid overpayment and/or penalty plus interest
accruing from the date the order became final. The clerk of the county
in which the warrant is filed shall immediately designate a superior
court cause number for such warrant and the clerk shall cause to be
entered in the judgment docket under the superior court cause number
assigned to the warrant, the name of the victim, beneficiary, or other
person mentioned in the warrant, the amount of the unpaid overpayment
and/or penalty plus interest accrued, and the date the warrant was
filed. The amount of the warrant as docketed shall become a lien upon
the title to and interest in all real and personal property of the
victim, beneficiary, or other person against whom the warrant is
issued, the same as a judgment in a civil case docketed in the office
of such clerk. The sheriff shall then proceed in the same manner and
with like effect as prescribed by law with respect to execution or
other process issued against rights or property upon judgment in the
superior court. Such warrant so docketed shall be sufficient to
support the issuance of writs of garnishment in favor of the
((department)) attorney general in the manner provided by law in the
case of judgment, wholly or partially unsatisfied. The clerk of the
court shall be entitled to a filing fee under RCW 36.18.012(10), which
shall be added to the amount of the warrant. A copy of such warrant
shall be mailed to the victim, beneficiary, or other person within
three days of filing with the clerk.
The ((director)) attorney general or ((director's)) attorney
general's designee may issue to any person, firm, corporation,
municipal corporation, political subdivision of the state, public
corporation, or agency of the state, a notice to withhold and deliver
property of any kind if there is reason to believe that there is in the
possession of such person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or agency of
the state, property that is due, owing, or belonging to any victim,
beneficiary, or other person upon whom a warrant has been served for
payments due the ((department)) attorney general. The notice and order
to withhold and deliver shall be served by certified mail accompanied
by an affidavit of service by mailing or served by the sheriff of the
county, or by the sheriff's deputy, or by any authorized representative
of the ((director)) attorney general or ((director's)) attorney
general's designee, or by electronic means or other methods authorized
by law. Any person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or agency of
the state upon whom service has been made shall answer the notice
within twenty days exclusive of the day of service, under oath and in
writing, and shall make true answers to the matters inquired or in the
notice and order to withhold and deliver. In the event there is in the
possession of the party named and served with such notice and order,
any property that may be subject to the claim of the ((department))
attorney general, such property shall be delivered forthwith to the
((director)) attorney general or the ((director's)) attorney general's
authorized representative upon demand. If the party served and named
in the notice and order fails to answer the notice and order within the
time prescribed in this section, the court may, after the time to
answer such order has expired, render judgment by default against the
party named in the notice for the full amount, plus costs, claimed by
the ((director)) attorney general or the ((director's)) attorney
general's designee in the notice. In the event that a notice to
withhold and deliver is served upon an employer and the property found
to be subject thereto is wages, the employer may assert in the answer
all exemptions provided for by chapter 6.27 RCW to which the wage
earner may be entitled.
This subsection shall only apply to orders assessing an overpayment
which are issued on or after July 28, 1991. This subsection shall
apply retroactively to all orders assessing an overpayment resulting
from willful misrepresentation, civil or criminal.
(6) Orders assessing an overpayment which are issued on or after
July 28, 1991, shall include a conspicuous notice of the collection
methods available to the ((department)) attorney general.
Sec. 229 RCW 7.68.126 and 2011 c 346 s 702 are each amended to
read as follows:
Notwithstanding any other provisions of law, any overpayments
previously recovered under the provisions of RCW 7.68.073 as now or
hereafter amended shall be limited to six months' overpayments. Where
greater recovery has already been made, the ((director)) attorney
general, in his or her discretion, may make restitution in those cases
where an extraordinary hardship has been created.
Sec. 230 RCW 7.68.130 and 2011 c 346 s 703 are each amended to
read as follows:
(1) Benefits payable pursuant to this chapter shall be reduced by
the amount of any other public or private insurance available, less a
proportionate share of reasonable attorneys' fees and costs, if any,
incurred by the victim in obtaining recovery from the insurer.
Calculation of a proportionate share of attorneys' fees and costs shall
be made under the formula established in RCW 7.68.050 (9) through (14).
The ((department)) attorney general or the victim may require court
approval of costs and attorneys' fees or may petition a court for
determination of the reasonableness of costs and attorneys' fees.
(2) Benefits payable after 1980 to victims injured or killed before
1980 shall be reduced by any other public or private insurance
including but not limited to social security.
(3) Payment by the ((department)) attorney general under this
chapter shall be secondary to other insurance benefits, notwithstanding
the provision of any contract or coverage to the contrary. In the case
of private life insurance proceeds, the first forty thousand dollars of
the proceeds shall not be considered for purposes of any reduction in
benefits.
(4) If the ((department)) attorney general determines that a victim
is likely to be eligible for other public insurance or support
services, the ((department)) attorney general may require the applicant
to apply for such services before awarding benefits under RCW 7.68.070.
If the ((department)) attorney general determines that a victim shall
apply for such services and the victim refuses or does not apply for
those services, the ((department)) attorney general may deny any
further benefits under this chapter. The ((department)) attorney
general may require an applicant to provide a copy of their
determination of eligibility before providing benefits under this
chapter.
(5) Before payment of benefits will be considered victims shall use
their private insurance coverage.
(6) For the purposes of this section, the collection methods
available under RCW 7.68.125(5) apply.
Sec. 231 RCW 7.68.140 and 1997 c 310 s 1 are each amended to read
as follows:
Information contained in the claim files and records of victims,
under the provisions of this chapter, shall be deemed confidential and
shall not be open to public inspection: PROVIDED, That, except as
limited by state or federal statutes or regulations, such information
may be provided to public employees in the performance of their
official duties: PROVIDED FURTHER, That except as otherwise limited by
state or federal statutes, rules, or regulations a claimant or a
representative of a claimant, be it an individual or an organization,
may review a claim file or receive specific information therefrom upon
the presentation of the signed authorization of the claimant: PROVIDED
FURTHER, That physicians treating or examining victims claiming
benefits under this chapter or physicians giving medical advice to the
((department)) attorney general regarding any claim may, at the
discretion of the ((department)) attorney general and as not otherwise
limited by state or federal statutes, rules, or regulations, inspect
the claim files and records of such victims, and other persons may,
when rendering assistance to the ((department)) attorney general at any
stage of the proceedings on any matter pertaining to the administration
of this chapter, inspect the claim files and records of such victims at
the discretion of the ((department)) attorney general and as not
otherwise limited by state or federal statutes, rules, or regulations.
Sec. 232 RCW 7.68.145 and 1975 1st ex.s. c 176 s 7 are each
amended to read as follows:
Notwithstanding any other provision of law, all law enforcement,
criminal justice, or other governmental agencies, or hospital; any
physician or other practitioner of the healing arts; or any other
organization or person having possession or control of any
investigative or other information pertaining to any alleged criminal
act or victim concerning which a claim for benefits has been filed
under this chapter, shall, upon request, make available to and allow
the reproduction of any such information by the section of the
((department)) office of the attorney general administering this
chapter or other public employees in their performance of their
official duties under this chapter.
No person or organization, public or private, shall incur any legal
liability by reason of releasing any such information to the ((director
of labor and industries)) attorney general or the section of the
((department which)) office of the attorney general that administers
this chapter or other public employees in the performance of their
official duties under this chapter.
Sec. 233 RCW 7.68.150 and 1973 1st ex.s. c 122 s 15 are each
amended to read as follows:
All benefits and payments made, and all administrative costs
accrued, pursuant to this chapter shall be funded and accounted for
separate from the other operations and responsibilities of the
((department)) attorney general.
Sec. 234 RCW 7.68.155 and 2010 c 122 s 7 are each amended to read
as follows:
(1) Within current funding levels, the ((department's)) attorney
general's crime victims' compensation program shall post on its public
web site a report that shows the following items:
(a) The total amount of current funding available in the crime
victims' compensation fund;
(b) The total amount of funding disbursed to victims in the
previous thirty days; and
(c) The total amount paid in overhead and administrative costs in
the previous thirty days.
(2) The information listed in subsection (1) of this section must
be posted and maintained on the ((department's)) attorney general's web
site by July 1, 2010, and updated every thirty days thereafter.
Sec. 235 RCW 7.68.160 and 1986 c 158 s 2 are each amended to read
as follows:
Any person who has been injured as a result of a "criminal act" as
herein defined on or after January 1, 1972, up to July 1, 1974, who
would otherwise be eligible for benefits under this chapter, may for a
period of ninety days from July 1, 1974, file a claim for benefits with
the ((department)) attorney general on a form provided by the
((department)) attorney general. The ((department)) attorney general
shall investigate and review such claims, and, within two hundred ten
days of July 1, 1974, shall report to the governor its findings and
recommendations as to such claims, along with a statement as to what
special legislative relief, if any, the ((department)) attorney general
recommends should be provided.
Sec. 236 RCW 7.68.165 and 1975 1st ex.s. c 176 s 10 are each
amended to read as follows:
The rights, privileges, responsibilities, duties, limitations and
procedures contained in this chapter shall apply to those claims filed
pursuant to RCW 7.68.160. In respect to such claims, the
((department)) attorney general shall proceed in the same manner and
with the same authority as provided in this chapter with respect to
those claims filed pursuant to RCW 7.68.060 as now or hereafter
amended.
Sec. 237 RCW 7.68.200 and 2011 c 336 s 248 are each amended to
read as follows:
After hearing, as provided in RCW 7.68.210, every person, firm,
corporation, partnership, association, or other legal entity
contracting with any person or the representative or assignee of any
person, accused or convicted of a crime in this state, with respect to
the reenactment of such crime, by way of a movie, book, magazine
article, tape recording, phonograph record, radio or television
presentation, live entertainment of any kind, or from the expression of
such accused or convicted person's thoughts, feelings, opinion, or
emotions regarding such crime, shall submit a copy of such contract to
the ((department)) attorney general and pay over to the ((department))
attorney general any moneys which would otherwise, by terms of such
contract, be owing to the person so accused or convicted or his or her
representatives. The ((department)) attorney general shall deposit
such moneys in an escrow account for the benefit of and payable to any
victim or the legal representative of any victim of crimes committed
by: (1) Such convicted person; or (2) such accused person, but only if
such accused person is eventually convicted of the crime and provided
that such victim, within five years of the date of the establishment of
such escrow account, brings a civil action in a court of competent
jurisdiction and recovers a money judgment for damages against such
person or his or her representatives.
Sec. 238 RCW 7.68.210 and 1979 ex.s. c 219 s 12 are each amended
to read as follows:
The prosecutor or the ((department)) attorney general may, at any
time after the person's arraignment petition any superior court for an
order, following notice and hearing, directing that any contract
described in RCW 7.68.200 shall be paid in accordance with RCW 7.68.200
through 7.68.280.
Sec. 239 RCW 7.68.220 and 1979 ex.s. c 219 s 14 are each amended
to read as follows:
The ((department)) attorney general, at least once every six months
for five years from the date it receives such moneys, shall cause to
have published a legal notice in newspapers of general circulation in
the county wherein the crime was committed and in counties contiguous
to such county advising such victims that such escrow moneys are
available to satisfy money judgments pursuant to this section. For
crimes committed in a city located within a county having a population
of one million or more, the notice provided for in this section shall
be in newspapers having general circulation in such city. The
((department)) attorney general may, in ((its)) the attorney general's
discretion, provide for such additional notice as it deems necessary.
Sec. 240 RCW 7.68.230 and 1979 ex.s. c 219 s 15 are each amended
to read as follows:
Upon dismissal of charges or acquittal of any accused person the
((department)) attorney general shall immediately pay over to such
accused person the moneys in the escrow account established on behalf
of such accused person.
Sec. 241 RCW 7.68.240 and 2011 c 336 s 249 are each amended to
read as follows:
Upon a showing by any convicted person or the state that five years
have elapsed from the establishment of such escrow account and further
that no actions are pending against such convicted person pursuant to
RCW 7.68.200 through 7.68.280, the ((department)) attorney general
shall immediately pay over fifty percent of any moneys in the escrow
account to such person or his or her legal representatives and fifty
percent of any moneys in the escrow account to the fund under RCW
7.68.035(4).
Sec. 242 RCW 7.68.270 and 1979 ex.s. c 219 s 19 are each amended
to read as follows:
Notwithstanding the foregoing provisions of ((this act)) RCW
7.68.200 through 7.68.280 the ((department)) attorney general shall
make payments from an escrow account to any person accused or convicted
of a crime upon the order of a court of competent jurisdiction after a
showing by such person that such moneys shall be used for the exclusive
purpose of retaining legal representation at any stage of the
proceedings against such person, including the appeals process.
Sec. 301 RCW 40.24.030 and 2011 c 64 s 2 are each amended to read
as follows:
(1)(a) An adult person, a parent or guardian acting on behalf of a
minor, or a guardian acting on behalf of an incapacitated person, as
defined in RCW 11.88.010, and (b) any criminal justice participant as
defined in RCW 9A.46.020 who is a target for threats or harassment
prohibited under RCW 9A.46.020(2)(b) (iii) or (iv), and any family
members residing with him or her, may apply to the ((secretary of
state)) attorney general to have an address designated by the
((secretary of state)) attorney general serve as the person's address
or the address of the minor or incapacitated person. The ((secretary
of state)) attorney general shall approve an application if it is filed
in the manner and on the form prescribed by the ((secretary of state))
attorney general and if it contains:
(i) A sworn statement, under penalty of perjury, by the applicant
that the applicant has good reason to believe (A) that the applicant,
or the minor or incapacitated person on whose behalf the application is
made, is a victim of domestic violence, sexual assault, trafficking, or
stalking and that the applicant fears for his or her safety or his or
her children's safety, or the safety of the minor or incapacitated
person on whose behalf the application is made; or (B) that the
applicant, as a criminal justice participant as defined in RCW
9A.46.020, is a target for threats or harassment prohibited under RCW
9A.46.020(2)(b) (iii) or (iv);
(ii) If applicable, a sworn statement, under penalty of perjury, by
the applicant, that the applicant has reason to believe they are a
victim of (A) domestic violence, sexual assault, or stalking
perpetrated by an employee of a law enforcement agency, or (B) threats
or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or (iv);
(iii) A designation of the ((secretary of state)) attorney general
as agent for purposes of service of process and for the purpose of
receipt of mail;
(iv) The residential address and any telephone number where the
applicant can be contacted by the ((secretary of state)) attorney
general, which shall not be disclosed because disclosure will increase
the risk of (A) domestic violence, sexual assault, trafficking, or
stalking, or (B) threats or harassment prohibited under RCW
9A.46.020(2)(b) (iii) or (iv);
(v) The signature of the applicant and of any individual or
representative of any office designated in writing under RCW 40.24.080
who assisted in the preparation of the application, and the date on
which the applicant signed the application.
(2) Applications shall be filed with the office of the ((secretary
of state)) attorney general.
(3) Upon filing a properly completed application, the ((secretary
of state)) attorney general shall certify the applicant as a program
participant. Applicants shall be certified for four years following
the date of filing unless the certification is withdrawn or invalidated
before that date. The ((secretary of state)) attorney general shall by
rule establish a renewal procedure.
(4) A person who knowingly provides false or incorrect information
upon making an application or falsely attests in an application that
disclosure of the applicant's address would endanger (a) the
applicant's safety or the safety of the applicant's children or the
minor or incapacitated person on whose behalf the application is made,
or (b) the safety of any criminal justice participant as defined in RCW
9A.46.020 who is a target for threats or harassment prohibited under
RCW 9A.46.020(2)(b) (iii) or (iv), or any family members residing with
him or her, shall be punished under RCW 40.16.030 or other applicable
statutes.
Sec. 302 RCW 40.24.040 and 2008 c 18 s 3 are each amended to read
as follows:
(1) If the program participant obtains a legal change of identity,
he or she loses certification as a program participant.
(2) The ((secretary of state)) attorney general may cancel a
program participant's certification if there is a change in the
residential address, unless the program participant provides the
((secretary of state)) attorney general with at least two days' prior
notice in writing of the change of address.
(3) The ((secretary of state)) attorney general may cancel
certification of a program participant if mail forwarded by the
((secretary)) attorney general to the program participant's address is
returned as nondeliverable, refused, or unclaimed.
(4) The ((secretary of state)) attorney general shall cancel
certification of a program participant who applies using false
information.
Sec. 303 RCW 40.24.050 and 1991 c 23 s 5 are each amended to read
as follows:
(1) A program participant may request that state and local agencies
use the address designated by the ((secretary of state)) attorney
general as his or her address. When creating a new public record,
state and local agencies shall accept the address designated by the
((secretary of state)) attorney general as a program participant's
substitute address, unless the ((secretary of state)) attorney general
has determined that:
(a) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter; and
(b) This address will be used only for those statutory and
administrative purposes.
(2) A program participant may use the address designated by the
((secretary of state)) attorney general as his or her work address.
(3) The office of the ((secretary of state)) attorney general shall
forward all first-class mail to the appropriate program participants.
Sec. 304 RCW 40.24.070 and 2008 c 18 s 5 are each amended to read
as follows:
The ((secretary of state)) attorney general may not make any
records in a program participant's file available for inspection or
copying, other than the address designated by the ((secretary of
state)) attorney general, except under the following circumstances:
(1) If requested by a law enforcement agency, to the law
enforcement agency; and
(a) The participant's application contains no indication that he or
she has been a victim of domestic violence, sexual assault, or stalking
perpetrated by a law enforcement employee; and
(b) The request is in accordance with official law enforcement
duties and is in writing on official law enforcement letterhead
stationery and signed by the law enforcement agency's chief officer, or
his or her designee; or
(2) If directed by a court order, to a person identified in the
order; and
(a) The request is made by a nonlaw enforcement agency; or
(b) The participant's file indicates he or she has reason to
believe he or she is a victim of domestic violence, sexual assault, or
stalking perpetrated by a law enforcement employee.
Sec. 305 RCW 40.24.080 and 2008 c 312 s 4 are each amended to
read as follows:
The ((secretary of state)) attorney general shall designate state
and local agencies and nonprofit agencies that provide counseling and
shelter services to victims of domestic violence, sexual assault,
trafficking, or stalking to assist persons applying to be program
participants. Any assistance and counseling rendered by the office of
the ((secretary of state)) attorney general or its designees to
applicants shall in no way be construed as legal advice.
Sec. 401 RCW 36.28A.230 and 2010 c 265 s 3 are each amended to
read as follows:
(1) When funded, the ((Washington association of sheriffs and
police chiefs)) attorney general shall administer a grant program to
local governments for the purpose of verifying the address and
residency of sex offenders and kidnapping offenders registered under
RCW 9A.44.130 who reside within the county sheriff's jurisdiction. The
((Washington association of sheriffs and police chiefs)) attorney
general shall:
(a) Enter into performance-based agreements with local governments
to ensure that registered offender address and residency are verified:
(i) For level I offenders, every twelve months;
(ii) For level II offenders, every six months; and
(iii) For level III offenders, every three months;
(b) Collect performance data from all participating jurisdictions
sufficient to evaluate the efficiency and effectiveness of the address
and residency verification program; and
(c) Submit a report on the effectiveness of the address and
residency verification program to the governor and the appropriate
committees of the house of representatives and senate by December 31st
each year.
(2) The ((Washington association of sheriffs and police chiefs))
attorney general may retain up to three percent of the amounts provided
pursuant to this section for the cost of administration. Any funds not
disbursed for address and residency verification or retained for
administration may be allocated to local prosecutors for the
prosecution costs associated with failing to register offenses.
(3) For the purposes of this section, unclassified offenders and
kidnapping offenders shall be considered at risk level I unless in the
opinion of the local jurisdiction a higher classification is in the
interest of public safety.
(4) County sheriffs and police chiefs or town marshals may enter
into agreements for the purposes of delegating the authority and
obligation to fulfill the requirements of this section.
Sec. 402 RCW 9A.44.135 and 2010 c 265 s 2 are each amended to
read as follows:
(1) When an offender registers with the county sheriff pursuant to
RCW 9A.44.130, the county sheriff shall notify the police chief or town
marshal of the jurisdiction in which the offender has registered to
live. If the offender registers to live in an unincorporated area of
the county, the sheriff shall make reasonable attempts to verify that
the offender is residing at the registered address. If the offender
registers to live in an incorporated city or town, the police chief or
town marshal shall make reasonable attempts to verify that the offender
is residing at the registered address. Reasonable attempts include
verifying an offender's address pursuant to the grant program
established under RCW 36.28A.230 (as recodified by this act). If the
sheriff or police chief or town marshal does not participate in the
grant program established under RCW 36.28A.230 (as recodified by this
act), reasonable attempts require a yearly mailing by certified mail,
with return receipt requested, a nonforwardable verification form to
the offender at the offender's last registered address sent by the
chief law enforcement officer of the jurisdiction where the offender is
registered to live. For offenders who have been previously designated
sexually violent predators under chapter 71.09 RCW or the equivalent
procedure in another jurisdiction, even if the designation has
subsequently been removed, this mailing must be sent every ninety days.
The offender must sign the verification form, state on the form
whether he or she still resides at the last registered address, and
return the form to the chief law enforcement officer of the
jurisdiction where the offender is registered to live within ten days
after receipt of the form.
(2) The chief law enforcement officer of the jurisdiction where the
offender has registered to live shall make reasonable attempts to
locate any sex offender who fails to return the verification form or
who cannot be located at the registered address.
If the offender fails to return the verification form or the
offender is not at the last registered address, the chief law
enforcement officer of the jurisdiction where the offender has
registered to live shall promptly forward this information to the
county sheriff and to the Washington state patrol for inclusion in the
central registry of sex offenders.
(3) When an offender notifies the county sheriff of a change to his
or her residence address pursuant to RCW 9A.44.130, and the new address
is in a different law enforcement jurisdiction, the county sheriff
shall notify the police chief or town marshal of the jurisdiction from
which the offender has moved.
(4) County sheriffs and police chiefs or town marshals may enter
into agreements for the purposes of delegating the authority and
obligation to fulfill the requirements of this section.
NEW SECTION. Sec. 403 RCW 36.28A.230 is recodified as a section
in chapter 43.10 RCW.
Sec. 404 RCW 36.28A.030 and 1993 c 127 s 4 are each amended to
read as follows:
(1) The ((Washington association of sheriffs and police chiefs))
attorney general shall establish and maintain a central repository for
the collection and classification of information regarding violations
of RCW 9A.36.080. Upon establishing such a repository, the
((association)) attorney general shall develop a procedure to monitor,
record, and classify information relating to violations of RCW
9A.36.080 and any other crimes of bigotry or bias apparently directed
against other persons because the people committing the crimes
perceived that their victims were of a particular race, color,
religion, ancestry, national origin, gender, sexual orientation, or had
a mental, physical, or sensory handicap.
(2) All local law enforcement agencies shall report monthly to the
((association)) attorney general concerning all violations of RCW
9A.36.080 and any other crimes of bigotry or bias in such form and in
such manner as prescribed by rules adopted by the ((association))
attorney general. Agency participation in the ((association's))
attorney general's reporting programs, with regard to the specific data
requirements associated with violations of RCW 9A.36.080 and any other
crimes of bigotry or bias, shall be deemed to meet agency reporting
requirements. The ((association)) attorney general must summarize the
information received and file an annual report with the governor and
the senate law and justice committee and the house of representatives
judiciary committee.
(3) The ((association)) attorney general shall disseminate the
information according to the provisions of chapters 10.97 and 10.98
RCW, and all other confidentiality requirements imposed by federal or
Washington law.
Sec. 405 RCW 36.28A.110 and 2007 c 10 s 3 are each amended to
read as follows:
The ((Washington association of sheriffs and police chiefs))
attorney general shall create and maintain a statewide web site, which
shall be available to the public. The web site shall post relevant
information concerning persons reported missing in the state of
Washington. For missing persons, the web site shall contain, but is
not limited to: The person's name, physical description, photograph,
and other information that is deemed necessary according to the adopted
protocols. This web site shall allow citizens to more broadly
disseminate information regarding missing persons for at least thirty
days.
Sec. 406 RCW 36.28A.120 and 2007 c 10 s 4 are each amended to
read as follows:
The Washington state patrol shall establish an interface with local
law enforcement and the ((Washington association of sheriffs and police
chiefs)) attorney general's missing persons web site, the toll-free
twenty-four hour hotline, and national and other statewide missing
persons systems or clearinghouses.
Local law enforcement agencies shall file an official missing
persons report and enter biographical information into the state
missing persons computerized network without delay after notification
of a missing person's report is received under this chapter.
NEW SECTION. Sec. 407 RCW 36.28A.030, 36.28A.110, and 36.28A.120
are each recodified as sections in chapter 43.10 RCW.
Sec. 408 RCW 36.28A.040 and 2010 c 266 s 1 are each amended to
read as follows:
(1) ((No later than July 1, 2002, the Washington association of
sheriffs and police chiefs)) The attorney general shall implement and
operate an electronic statewide city and county jail booking and
reporting system. The system shall serve as a central repository and
instant information source for offender information and jail
statistical data. The system may be placed on the Washington state
justice information network and be capable of communicating
electronically with every Washington state city and county jail and
with all other Washington state criminal justice agencies as defined in
RCW 10.97.030.
(2) After the ((Washington association of sheriffs and police
chiefs)) attorney general has implemented an electronic jail booking
system as described in subsection (1) of this section, if a city or
county jail or law enforcement agency receives state or federal funding
to cover the entire cost of implementing or reconfiguring an electronic
jail booking system, the city or county jail or law enforcement agency
shall implement or reconfigure an electronic jail booking system that
is in compliance with the jail booking system standards developed
pursuant to subsection (4) of this section.
(3) After the ((Washington association of sheriffs and police
chiefs)) attorney general has implemented an electronic jail booking
system as described in subsection (1) of this section, city or county
jails, or law enforcement agencies that operate electronic jail booking
systems, but choose not to accept state or federal money to implement
or reconfigure electronic jail booking systems, shall electronically
forward jail booking information to the ((Washington association of
sheriffs and police chiefs)) attorney general. At a minimum the
information forwarded shall include the name of the offender, vital
statistics, the date the offender was arrested, the offenses arrested
for, the date and time an offender is released or transferred from a
city or county jail, and if available, the mug shot. The electronic
format in which the information is sent shall be at the discretion of
the city or county jail, or law enforcement agency forwarding the
information. City and county jails or law enforcement agencies that
forward jail booking information under this subsection are not required
to comply with the standards developed under subsection (4)(b) of this
section.
(4) The ((Washington association of sheriffs and police chiefs))
attorney general shall appoint, convene, and manage a statewide jail
booking and reporting system standards committee. The committee shall
include representatives from the Washington association of sheriffs and
police chiefs correction committee, the information service board's
justice information committee, the judicial information system, at
least two individuals who serve as jailers in a city or county jail,
and other individuals that the ((Washington association of sheriffs and
police chiefs)) attorney general places on the committee. The
committee shall have the authority to:
(a) Develop and amend as needed standards for the statewide jail
booking and reporting system and for the information that must be
contained within the system. At a minimum, the system shall contain:
(i) The offenses the individual has been charged with;
(ii) Descriptive and personal information about each offender
booked into a city or county jail. At a minimum, this information
shall contain the offender's name, vital statistics, address, and
mugshot;
(iii) Information about the offender while in jail, which could be
used to protect criminal justice officials that have future contact
with the offender, such as medical conditions, acts of violence, and
other behavior problems;
(iv) Statistical data indicating the current capacity of each jail
and the quantity and category of offenses charged;
(v) The ability to communicate directly and immediately with the
city and county jails and other criminal justice entities; and
(vi) The date and time that an offender was released or transferred
from a local jail;
(b) Develop and amend as needed operational standards for city and
county jail booking systems, which at a minimum shall include the type
of information collected and transmitted, and the technical
requirements needed for the city and county jail booking system to
communicate with the statewide jail booking and reporting system;
(c) Develop and amend as needed standards for allocating grants to
city and county jails or law enforcement agencies that will be
implementing or reconfiguring electronic jail booking systems.
(5)(a) A statewide automated victim information and notification
system shall be added to the city and county jail booking and reporting
system. The system shall:
(i) Automatically notify a registered victim via the victim's
choice of telephone, letter, or e-mail when any of the following events
affect an offender housed in any Washington state city or county jail
or department of corrections facility:
(A) Is transferred or assigned to another facility;
(B) Is transferred to the custody of another agency outside the
state;
(C) Is given a different security classification;
(D) Is released on temporary leave or otherwise;
(E) Is discharged;
(F) Has escaped; or
(G) Has been served with a protective order that was requested by
the victim;
(ii) Automatically notify a registered victim via the victim's
choice of telephone, letter, or e-mail when an offender has:
(A) An upcoming court event where the victim is entitled to be
present, if the court information is made available to the statewide
automated victim information and notification system administrator at
the Washington association of sheriffs and police chiefs;
(B) An upcoming parole, pardon, or community supervision hearing;
or
(C) A change in the offender's parole, probation, or community
supervision status including:
(I) A change in the offender's supervision status; or
(II) A change in the offender's address;
(iii) Automatically notify a registered victim via the victim's
choice of telephone, letter, or e-mail when a sex offender has:
(A) Updated his or her profile information with the state sex
offender registry; or
(B) Become noncompliant with the state sex offender registry;
(iv) Permit a registered victim to receive the most recent status
report for an offender in any Washington state city and county jail,
department of corrections, or sex offender registry by calling the
statewide automated victim information and notification system on a
toll-free telephone number or by accessing the statewide automated
victim information and notification system via a public web site. All
registered victims calling the statewide automated victim information
and notification system will be given the option to have live operator
assistance to help use the program on a twenty-four hour, three hundred
sixty-five day per year basis;
(v) Permit a crime victim to register, or registered victim to
update, the victim's registration information for the statewide
automated victim information and notification system by calling a toll-free telephone number or by accessing a public web site; and
(vi) Ensure that the offender information contained within the
statewide automated victim information and notification system is
updated frequently to timely notify a crime victim that an offender has
been released or discharged or has escaped. However, the failure of
the statewide automated victim information and notification system to
provide notice to the victim does not establish a separate cause of
action by the victim against state officials, local officials, law
enforcement officers, or any related correctional authorities.
(b) Participation in the statewide automated victim information and
notification program satisfies any obligation to notify the crime
victim of an offender's custody status and the status of the offender's
upcoming court events so long as:
(i) Information making offender and case data available is provided
on a timely basis to the statewide automated victim information and
notification program; and
(ii) Information a victim submits to register and participate in
the victim notification system is only used for the sole purpose of
victim notification.
(c) Automated victim information and notification systems in
existence and operational as of July 22, 2007, shall not be required to
participate in the statewide system.
(6) When funded, the ((Washington association of sheriffs and
police chiefs)) attorney general shall implement and operate an
electronic statewide unified sex offender notification and registration
program. Information submitted to the program by a person for the
purpose of receiving notification regarding a registered sex offender,
including the person's name, residential address, and e-mail address,
are exempt from public inspection and copying under chapter 42.56 RCW.
(7) An appointed or elected official, public employee, or public
agency as defined in RCW 4.24.470, or combination of units of
government and its employees, as provided in RCW 36.28A.010, are immune
from civil liability for damages for any release of information or the
failure to release information related to the statewide automated
victim information and notification system, the electronic statewide
unified sex offender notification and registration program, and the
jail booking and reporting system as described in this section, so long
as the release was without gross negligence. The immunity provided
under this subsection applies to the release of relevant and necessary
information to other public officials, public employees, or public
agencies, and to the general public.
Sec. 409 RCW 36.28A.050 and 2000 c 3 s 2 are each amended to read
as follows:
(1) The ((Washington association of sheriffs and police chiefs))
attorney general shall establish and manage a local jail booking system
grant fund. All federal or state money collected to offset the costs
associated with RCW 36.28A.040(2) (as recodified by this act) shall be
processed through the grant fund established by this section. The
statewide jail booking and reporting system standards committee
established under RCW 36.28A.040(4) (as recodified by this act) shall
distribute the grants in accordance with any standards it develops.
(2) The ((Washington association of sheriffs and police chiefs))
attorney general shall pursue federal funding to be placed into the
local jail booking system grant fund.
NEW SECTION. Sec. 410 RCW 36.28A.040 and 36.28A.050 are each
recodified as sections in chapter 43.10 RCW.
Sec. 411 RCW 4.24.550 and 2011 c 337 s 1 are each amended to read
as follows:
(1) In addition to the disclosure under subsection (5) of this
section, public agencies are authorized to release information to the
public regarding sex offenders and kidnapping offenders when the agency
determines that disclosure of the information is relevant and necessary
to protect the public and counteract the danger created by the
particular offender. This authorization applies to information
regarding: (a) Any person adjudicated or convicted of a sex offense as
defined in RCW 9A.44.128 or a kidnapping offense as defined by RCW
9A.44.128; (b) any person under the jurisdiction of the indeterminate
sentence review board as the result of a sex offense or kidnapping
offense; (c) any person committed as a sexually violent predator under
chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW;
(d) any person found not guilty of a sex offense or kidnapping offense
by reason of insanity under chapter 10.77 RCW; and (e) any person found
incompetent to stand trial for a sex offense or kidnapping offense and
subsequently committed under chapter 71.05 or 71.34 RCW.
(2) Except for the information specifically required under
subsection (5) of this section, the extent of the public disclosure of
relevant and necessary information shall be rationally related to: (a)
The level of risk posed by the offender to the community; (b) the
locations where the offender resides, expects to reside, or is
regularly found; and (c) the needs of the affected community members
for information to enhance their individual and collective safety.
(3) Except for the information specifically required under
subsection (5) of this section, local law enforcement agencies shall
consider the following guidelines in determining the extent of a public
disclosure made under this section: (a) For offenders classified as
risk level I, the agency shall share information with other appropriate
law enforcement agencies and, if the offender is a student, the public
or private school regulated under Title 28A RCW or chapter 72.40 RCW
which the offender is attending, or planning to attend. The agency may
disclose, upon request, relevant, necessary, and accurate information
to any victim or witness to the offense and to any individual community
member who lives near the residence where the offender resides, expects
to reside, or is regularly found; (b) for offenders classified as risk
level II, the agency may also disclose relevant, necessary, and
accurate information to public and private schools, child day care
centers, family day care providers, public libraries, businesses and
organizations that serve primarily children, women, or vulnerable
adults, and neighbors and community groups near the residence where the
offender resides, expects to reside, or is regularly found; (c) for
offenders classified as risk level III, the agency may also disclose
relevant, necessary, and accurate information to the public at large;
and (d) because more localized notification is not feasible and
homeless and transient offenders may present unique risks to the
community, the agency may also disclose relevant, necessary, and
accurate information to the public at large for offenders registered as
homeless or transient.
(4) The county sheriff with whom an offender classified as risk
level III is registered shall cause to be published by legal notice,
advertising, or news release a sex offender community notification that
conforms to the guidelines established under RCW 4.24.5501 in at least
one legal newspaper with general circulation in the area of the sex
offender's registered address or location. Unless the information is
posted on the web site described in subsection (5) of this section,
this list shall be maintained by the county sheriff on a publicly
accessible web site and shall be updated at least once per month.
(5)(a) When funded by federal grants or other sources, the
((Washington association of sheriffs and police chiefs)) attorney
general shall create and maintain a statewide registered kidnapping and
sex offender web site, which shall be available to the public. The web
site shall post all level III and level II registered sex offenders,
level I registered sex offenders during the time they are out of
compliance with registration requirements under RCW 9A.44.130, and all
registered kidnapping offenders in the state of Washington.
(i) For level III offenders, the web site shall contain, but is not
limited to, the registered sex offender's name, relevant criminal
convictions, address by hundred block, physical description, and
photograph. The web site shall provide mapping capabilities that
display the sex offender's address by hundred block on a map. The web
site shall allow citizens to search for registered sex offenders within
the state of Washington by county, city, zip code, last name, and
address by hundred block.
(ii) For level II offenders, and level I sex offenders during the
time they are out of compliance with registration requirements under
RCW 9A.44.130, the web site shall contain, but is not limited to, the
same information and functionality as described in (a)(i) of this
subsection, provided that it is permissible under state and federal
law. If it is not permissible, the web site shall be limited to the
information and functionality that is permissible under state and
federal law.
(iii) For kidnapping offenders, the web site shall contain, but is
not limited to, the same information and functionality as described in
(a)(i) of this subsection, provided that it is permissible under state
and federal law. If it is not permissible, the web site shall be
limited to the information and functionality that is permissible under
state and federal law.
(b) Until the implementation of (a) of this subsection, the
((Washington association of sheriffs and police chiefs)) attorney
general shall create a web site available to the public that provides
electronic links to county-operated web sites that offer sex offender
registration information.
(6) Local law enforcement agencies that disseminate information
pursuant to this section shall: (a) Review available risk level
classifications made by the department of corrections, the department
of social and health services, and the indeterminate sentence review
board; (b) assign risk level classifications to all offenders about
whom information will be disseminated; and (c) make a good faith effort
to notify the public and residents within a reasonable period of time
after the offender registers with the agency. The juvenile court shall
provide local law enforcement officials with all relevant information
on offenders allowed to remain in the community in a timely manner.
(7) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470, or units of local government
and its employees, as provided in RCW 36.28A.010, are immune from civil
liability for damages for any discretionary risk level classification
decisions or release of relevant and necessary information, unless it
is shown that the official, employee, or agency acted with gross
negligence or in bad faith. The immunity in this section applies to
risk level classification decisions and the release of relevant and
necessary information regarding any individual for whom disclosure is
authorized. The decision of a local law enforcement agency or official
to classify an offender to a risk level other than the one assigned by
the department of corrections, the department of social and health
services, or the indeterminate sentence review board, or the release of
any relevant and necessary information based on that different
classification shall not, by itself, be considered gross negligence or
bad faith. The immunity provided under this section applies to the
release of relevant and necessary information to other public
officials, public employees, or public agencies, and to the general
public.
(8) Except as may otherwise be provided by law, nothing in this
section shall impose any liability upon a public official, public
employee, or public agency for failing to release information
authorized under this section.
(9) Nothing in this section implies that information regarding
persons designated in subsection (1) of this section is confidential
except as may otherwise be provided by law.
(10) When a local law enforcement agency or official classifies an
offender differently than the offender is classified by the end of
sentence review committee or the department of social and health
services at the time of the offender's release from confinement, the
law enforcement agency or official shall notify the end of sentence
review committee or the department of social and health services and
submit its reasons supporting the change in classification.
Sec. 412 RCW 40.14.070 and 2011 c 60 s 18 are each amended to
read as follows:
(1)(a) County, municipal, and other local government agencies may
request authority to destroy noncurrent public records having no
further administrative or legal value by submitting to the division of
archives and records management lists of such records on forms prepared
by the division. The archivist, a representative appointed by the
state auditor, and a representative appointed by the attorney general
shall constitute a committee, known as the local records committee,
which shall review such lists and which may veto the destruction of any
or all items contained therein.
(b) A local government agency, as an alternative to submitting
lists, may elect to establish a records control program based on
recurring disposition schedules recommended by the agency to the local
records committee. The schedules are to be submitted on forms provided
by the division of archives and records management to the local records
committee, which may either veto, approve, or amend the schedule.
Approval of such schedule or amended schedule shall be by unanimous
vote of the local records committee. Upon such approval, the schedule
shall constitute authority for the local government agency to destroy
the records listed thereon, after the required retention period, on a
recurring basis until the schedule is either amended or revised by the
committee.
(2)(a) Except as otherwise provided by law, no public records shall
be destroyed until approved for destruction by the local records
committee. Official public records shall not be destroyed unless:
(i) The records are six or more years old;
(ii) The department of origin of the records has made a
satisfactory showing to the state records committee that the retention
of the records for a minimum of six years is both unnecessary and
uneconomical, particularly where lesser federal retention periods for
records generated by the state under federal programs have been
established; or
(iii) The originals of official public records less than six years
old have been copied or reproduced by any photographic, photostatic,
microfilm, miniature photographic, or other process approved by the
state archivist which accurately reproduces or forms a durable medium
for so reproducing the original.
An automatic reduction of retention periods from seven to six years
for official public records on record retention schedules existing on
June 10, 1982, shall not be made, but the same shall be reviewed
individually by the local records committee for approval or disapproval
of the change to a retention period of six years.
The state archivist may furnish appropriate information,
suggestions, and guidelines to local government agencies for their
assistance in the preparation of lists and schedules or any other
matter relating to the retention, preservation, or destruction of
records under this chapter. The local records committee may adopt
appropriate regulations establishing procedures to be followed in such
matters.
Records of county, municipal, or other local government agencies,
designated by the archivist as of primarily historical interest, may be
transferred to a recognized depository agency.
(b)(i) Records of investigative reports prepared by any state,
county, municipal, or other law enforcement agency pertaining to sex
offenders contained in chapter 9A.44 RCW or sexually violent offenses
as defined in RCW 71.09.020 that are not required in the current
operation of the law enforcement agency or for pending judicial
proceedings shall, following the expiration of the applicable schedule
of the law enforcement agency's retention of the records, be
transferred to the ((Washington association of sheriffs and police
chiefs)) attorney general for permanent electronic retention and
retrieval. Upon electronic retention of any document, the
((association)) attorney general shall be permitted to destroy the
paper copy of the document.
(ii) Any sealed record transferred to the ((Washington association
of sheriffs and police chiefs)) attorney general for permanent
electronic retention and retrieval, including records sealed after
transfer, shall be electronically retained in such a way that the
record is clearly marked as sealed.
(iii) The ((Washington association of sheriffs and police chiefs))
attorney general shall be permitted to destroy both the paper copy and
electronic record of any offender verified as deceased.
(c) Any record transferred to the ((Washington association of
sheriffs and police chiefs)) attorney general pursuant to (b) of this
subsection shall be deemed to no longer constitute a public record
pursuant to RCW 42.56.010 and shall be exempt from public disclosure.
Such records shall be disseminated only to criminal justice agencies as
defined in RCW 10.97.030 for the purpose of determining if a sex
offender met the criteria of a sexually violent predator as defined in
chapter 71.09 RCW and the end-of-sentence review committee as defined
by RCW 72.09.345 for the purpose of fulfilling its duties under RCW
71.09.025 and 9.95.420.
Electronic records marked as sealed shall only be accessible by
criminal justice agencies as defined in RCW 10.97.030 who would
otherwise have access to a sealed paper copy of the document, the end-of-sentence review committee as defined by RCW 72.09.345 for the
purpose of fulfilling its duties under RCW 71.09.025 and 9.95.420, and
the system administrator for the purposes of system administration and
maintenance.
(3) Except as otherwise provided by law, county, municipal, and
other local government agencies may, as an alternative to destroying
noncurrent public records having no further administrative or legal
value, donate the public records to the state library, local library,
historical society, genealogical society, or similar society or
organization.
Public records may not be donated under this subsection unless:
(a) The records are seventy years old or more;
(b) The local records committee has approved the destruction of the
public records; and
(c) The state archivist has determined that the public records have
no historic interest.
Sec. 413 RCW 36.28A.130 and 2007 c 199 s 19 are each amended to
read as follows:
There is hereby created in the ((Washington association of sheriffs
and police chiefs)) office of the attorney general the Washington auto
theft prevention authority which shall be under the direction of the
((executive director of the Washington association of sheriffs and
police chiefs)) attorney general.
Sec. 414 RCW 46.66.010 and 2007 c 199 s 20 are each amended to
read as follows:
(1) The Washington auto theft prevention authority is established.
The authority shall consist of the following members, appointed by the
governor:
(a) The ((executive director of the Washington association of
sheriffs and police chiefs, or the executive director's)) attorney
general or the attorney general's designee;
(b) The chief of the Washington state patrol, or the chief's
designee;
(c) Two police chiefs;
(d) Two sheriffs;
(e) One prosecuting attorney;
(f) A representative from the insurance industry who is responsible
for writing property and casualty liability insurance in the state of
Washington;
(g) A representative from the automobile industry; and
(h) One member of the general public.
(2) In addition, the authority may, where feasible, consult with
other governmental entities or individuals from the public and private
sector in carrying out its duties under this section.
Sec. 415 RCW 46.66.020 and 2007 c 199 s 21 are each amended to
read as follows:
(1) The Washington auto theft prevention authority shall initially
convene at the call of the ((executive director of the Washington
association of sheriffs and police chiefs, or the executive director's
designee, no later than the third Monday in January 2008. Subsequent
meetings of the authority shall be at the call of the)) chair or seven
members.
(2) The authority shall annually elect a chairperson and other such
officers as it deems appropriate from its membership.
(3) Members of the authority shall serve terms of four years each
on a staggered schedule to be established by the first authority. For
purposes of initiating a staggered schedule of terms, some members of
the first authority may initially serve two years and some members may
initially serve four years.
NEW SECTION. Sec. 416 RCW 36.28A.130 is recodified as a section
in chapter 43.10 RCW.
Sec. 501 RCW 36.27.100 and 2010 c 271 s 501 are each amended to
read as follows:
The legislature recognizes that, due to the magnitude or volume of
offenses in a given area of the state, there is a recurring need for
supplemental assistance in the prosecuting of drug and drug-related
offenses that can be directed to the area of the state with the
greatest need for short-term assistance. A statewide drug prosecution
assistance program is created within the ((criminal justice training
commission)) office of the attorney general to assist county
prosecuting attorneys in the prosecution of drug and drug-related
offenses.
Sec. 601 RCW 70.123.020 and 2008 c 6 s 303 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Shelter" means a place of temporary refuge, offered on a
twenty-four hour, seven day per week basis to victims of domestic
violence and their children.
(2) "Domestic violence" is a categorization of offenses, as defined
in RCW 10.99.020, committed by one cohabitant against another.
(3) (("Department" means the department of social and health
services.)) "Victim" means a cohabitant who has been subjected to
domestic violence.
(4)
(((5))) (4) "Cohabitant" means a person who is or was married, in
a state registered domestic partnership, or cohabiting with another
person in an intimate or dating relationship at the present or at
sometime in the past. Any person who has one or more children in
common with another person, regardless of whether they have been
married, in a domestic partnership with each other, or lived together
at any time, shall be treated as a cohabitant.
(((6))) (5) "Community advocate" means a person employed by a local
domestic violence program to provide ongoing assistance to victims of
domestic violence in assessing safety needs, documenting the incidents
and the extent of violence for possible use in the legal system, making
appropriate social service referrals, and developing protocols and
maintaining ongoing contacts necessary for local systems coordination.
(((7))) (6) "Domestic violence program" means an agency that
provides shelter, advocacy, and counseling for domestic violence
victims in a supportive environment.
(((8))) (7) "Legal advocate" means a person employed by a domestic
violence program or court system to advocate for victims of domestic
violence, within the criminal and civil justice systems, by attending
court proceedings, assisting in document and case preparation, and
ensuring linkage with the community advocate.
(8) "Office" means the office of the attorney general.
(9) "Secretary" means the secretary of the department of social and
health services or the secretary's designee.
Sec. 602 RCW 70.123.030 and 2005 c 374 s 4 are each amended to
read as follows:
The ((department of social and health services)) attorney general,
in consultation with the state department of health, and individuals or
groups having experience and knowledge of the problems of victims of
domestic violence, shall:
(1) Establish minimum standards for shelters applying for grants
from the ((department)) office under this chapter. Classifications may
be made dependent upon size, geographic location, and population needs;
(2) Receive grant applications for the development and
establishment of shelters for victims of domestic violence;
(3) Distribute funds, within forty-five days after approval, to
those shelters meeting ((departmental)) office standards;
(4) Evaluate biennially each shelter receiving ((departmental))
office funds for compliance with the established minimum standards;
(5) Review the minimum standards each biennium to ensure
applicability to community and client needs; and
(6) Administer funds available from the domestic violence
prevention account under RCW 70.123.150 and establish minimum standards
for preventive, nonshelter community-based services receiving funds
administered by the ((department)) office. Preventive, nonshelter
community-based services include services for victims of domestic
violence from communities that have been traditionally underserved or
unserved and services for children who have witnessed domestic
violence.
Sec. 603 RCW 70.123.040 and 2006 c 259 s 3 are each amended to
read as follows:
(1) Minimum standards established by the ((department)) office
under RCW 70.123.030 shall ensure that shelters receiving grants under
this chapter provide services meeting basic survival needs, where not
provided by other means, such as, but not limited to, food, clothing,
housing, safety, security, client advocacy, client confidentiality, and
counseling. These services shall be problem-oriented and designed to
provide necessary assistance to the victims of domestic violence and
their children.
(2) The ((department)) office shall establish minimum standards
that ensure that nonshelter community-based services for victims of
domestic violence funded under RCW 70.123.150 provide services designed
to enhance safety and security by means such as, but not limited to,
client advocacy, client confidentiality, and counseling.
Sec. 604 RCW 70.123.050 and 1979 ex.s. c 245 s 5 are each amended
to read as follows:
The ((department)) attorney general shall contract, where
appropriate, with public or private nonprofit groups or organizations
with experience and expertise in the field of domestic violence to:
(1) Develop and implement an educational program designed to
promote public and professional awareness of the problems of domestic
violence and of the availability of services for victims of domestic
violence. Particular emphasis should be given to the education needs
of law enforcement agencies, the legal system, the medical profession,
and other relevant professions that are engaged in the prevention,
identification, and treatment of domestic violence;
(2) Maintain a directory of temporary shelters and other direct
service facilities for the victims of domestic violence which is
current, complete, detailed, and available, as necessary, to provide
useful referral services to persons seeking help on an emergency basis;
(3) Create a statewide toll-free telephone number that would
provide information and referral to victims of domestic violence;
(4) Provide opportunities to persons working in the area of
domestic violence to exchange information; and
(5) Provide training opportunities for both volunteer workers and
staff personnel.
Sec. 605 RCW 70.123.080 and 1979 ex.s. c 245 s 8 are each amended
to read as follows:
The ((department)) attorney general shall consult in all phases
with persons and organizations having experience and expertise in the
field of domestic violence.
Sec. 606 RCW 70.123.090 and 1979 ex.s. c 245 s 9 are each amended
to read as follows:
The ((department)) office is authorized, under this chapter and the
rules adopted to effectuate its purposes, to make available grants
awarded on a contract basis to public or private nonprofit agencies,
organizations, or individuals providing shelter services meeting
minimum standards established by the ((department)) office.
Consideration as to need, geographic location, population ratios, and
the extent of existing services shall be made in the award of grants.
The ((department)) office shall provide technical assistance to any
nonprofit organization desiring to apply for the contracts if the
organization does not possess the resources and expertise necessary to
develop and transmit an application without assistance.
Sec. 607 RCW 70.123.100 and 1997 c 160 s 1 are each amended to
read as follows:
The ((department)) office shall seek, receive, and make use of any
funds which may be available from federal or other sources in order to
augment state funds appropriated for the purpose of this chapter, and
shall make every effort to qualify for federal funding.
Sec. 608 RCW 70.123.110 and 2011 1st sp.s. c 36 s 16 are each
amended to read as follows:
Aged, blind, or disabled assistance benefits, essential needs and
housing support benefits, pregnant women assistance benefits, or
temporary assistance for needy families payments shall be made to
otherwise eligible individuals who are residing in a secure shelter, a
housing network or other shelter facility which provides shelter
services to persons who are victims of domestic violence. Provisions
shall be made by the ((department)) office for the confidentiality of
the shelter addresses where victims are residing.
Sec. 609 RCW 70.123.130 and 1991 c 301 s 11 are each amended to
read as follows:
The ((department of social and health services)) office shall
establish a technical assistance grant program to assist local
communities in determining how to respond to domestic violence. The
goals of the program shall be to coordinate and expand existing
services to:
(1) Serve any individual affected by domestic violence with the
primary focus being the safety of the victim;
(2) Assure an integrated, comprehensive, accountable community
response that is adequately funded and sensitive to the diverse needs
of the community;
(3) Create a continuum of services that range from prevention,
crisis intervention, and counseling through shelter, advocacy, legal
intervention, and representation to longer term support, counseling,
and training; and
(4) Coordinate the efforts of government, the legal system, the
private sector, and a range of service providers, such as doctors,
nurses, social workers, teachers, and child care workers.
Sec. 610 RCW 70.123.140 and 1991 c 301 s 12 are each amended to
read as follows:
(1) A county or group of counties may apply to the ((department))
office for a technical assistance grant to develop a comprehensive
county plan for dealing with domestic violence. The county authority
may contract with a local nonprofit entity to develop the plan.
(2) County comprehensive plans shall be developed in consultation
with the ((department)) office, domestic violence programs, schools,
law enforcement, and health care, legal, and social service providers
that provide services to persons affected by domestic violence.
(3) County comprehensive plans shall be based on the following
principles:
(a) The safety of the victim is primary;
(b) The community needs to be well-educated about domestic
violence;
(c) Those who want to and who should intervene need to know how to
do so effectively;
(d) Adequate services, both crisis and long-term support, should
exist throughout all parts of the county;
(e) Police and courts should hold the batterer accountable for his
or her crimes;
(f) Treatment for batterers should be provided by qualified
counselors; and
(g) Coordination teams are needed to ensure that the system
continues to work over the coming decades.
(4) County comprehensive plans shall provide for the following:
(a) Public education about domestic violence;
(b) Training for professionals on how to recognize domestic
violence and assist those affected by it;
(c) Development of protocols among agencies so that professionals
respond to domestic violence in an effective, consistent manner;
(d) Development of services to victims of domestic violence and
their families, including shelters, safe homes, transitional housing,
community and legal advocates, and children's services; and
(e) Local and regional teams to oversee implementation of the
system, ensure that efforts continue over the years, and assist with
day-to-day and system-wide coordination.
NEW SECTION. Sec. 701 (1)(a) All powers, duties, and functions
of programs of the various named entities as provided in this
subsection (1) are transferred to the office of the attorney general.
(b) The following programs are transferred from the department of
commerce: (i) Sexual assault grants; (ii) prostitution prevention and
intervention; (iii) financial fraud and identity theft crimes
investigation and prosecution program; and (iv) community mobilization
against substance abuse.
(c) The crime victims' compensation program is transferred from the
department of labor and industries.
(d) The address confidentiality program is transferred from the
office of the secretary of state.
(e) The following programs are transferred from the Washington
association of sheriffs and police chiefs: (i) Registered sex offender
and kidnapping offender address and residency verification grant
program; (ii) uniform crime reporting; (iii) missing persons web site;
(iv) jail booking and reporting system; (v) sex offender web site; (vi)
sex offender records retention; and (vii) Washington auto theft
prevention authority.
(f) The statewide drug prosecution assistance program is
transferred from the criminal justice training commission.
(g) The program for shelters for victims of domestic violence is
transferred from the department of social and health services.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the entities named in
subsection (1) of this section pertaining to the powers, duties, and
functions transferred shall be delivered to the custody of the office
of the attorney general. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property employed by the entities
named in subsection (1) of this section in carrying out the powers,
duties, and functions transferred shall be made available to the office
of the attorney general. All funds, credits, or other assets held in
connection with the powers, duties, and functions transferred shall be
assigned to the office of the attorney general.
(b) Any appropriations made to the entities named in subsection (1)
of this section for carrying out the powers, duties, and functions
transferred shall, on the effective date of this section, be
transferred and credited to the office of the attorney general.
(c) If 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 rules and all pending business before the entities named in
subsection (1) of this section pertaining to the powers, duties, and
functions transferred shall be continued and acted upon by the office
of the attorney general. All existing contracts and obligations shall
remain in full force and shall be performed by the office of the
attorney general.
(4) The transfer of the powers, duties, functions, and personnel of
the entities named in subsection (1) of this section shall not affect
the validity of any act performed before the effective date of this
section.
(5) 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.
(6) All employees of the various entities named in subsection (1)
of this section engaged in performing the powers, duties, and functions
transferred to the office of the attorney general, are transferred to
the office of the attorney general. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the
office of the attorney general 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 law.
(7) Unless or until modified by the public employment relations
commission pursuant to section 702 of this act:
(a) The portions of the bargaining units of employees at the
various entities named in subsection (1) of this section existing on
the effective date of this section shall be considered appropriate
units at the office of the attorney general and will be so certified by
the public employment relations commission.
(b) The exclusive bargaining representatives recognized as
representing the portions of the bargaining units of employees at the
various entities named in subsection (1) of this section existing on
the effective date of this section shall continue as the exclusive
bargaining representatives of the transferred bargaining units without
the necessity of an election.
NEW SECTION. Sec. 702 (1) By January 1, 2013, the public
employment relations commission may review the appropriateness of the
collective bargaining units transferred under section 701 of this act.
The employer or the exclusive bargaining representative may petition
the public employment relations commission to review the bargaining
units in accordance with this section.
(2) If the commission determines that an existing collective
bargaining unit is appropriate pursuant to RCW 41.80.070, the exclusive
bargaining representative certified to represent the bargaining unit
before January 1, 2013, shall continue as the exclusive bargaining
representative without the necessity of an election.
(3) If the commission determines that existing collective
bargaining units are not appropriate, the commission may modify the
units and order an election pursuant to RCW 41.80.080. Certified
bargaining representatives will not be required to demonstrate a
showing of interest to be included on the ballot.
(4) The commission may require an election pursuant to RCW
41.80.080 if similarly situated employees are represented by more than
one employee organization. Certified bargaining representatives will
not be required to demonstrate a showing of interest to be included on
the ballot.
NEW SECTION. Sec. 703 Sections 123, 124, and 219 of this act
expire July 1, 2015.
NEW SECTION. Sec. 704 Section 220 of this act takes effect July
1, 2015.
NEW SECTION. Sec. 705 Except for sections 220 and 702 of this
act, this act takes effect July 1, 2013.