WHEREAS, The United States Military, Army, Air Force, Navy, Coast Guard, and Marine Corps, have been called to serve the nation in the Middle East following the terrorist attacks of September 11, 2001; and

      WHEREAS, In the course of service, the men and women of the United States Military have fought bravely for a cause greater than themselves, sacrificing life and health, and the comforts of home and loved ones; and

      WHEREAS, Military families have endured significant losses; children have sacrificed the gentle embrace of a parent, husbands and wives have sacrificed time with each other, and mothers and fathers have sent their sons and daughters to war; and

      WHEREAS, Soldiers, Sailors, Airmen, and Marines have been called upon to serve this nation in the mountains of Afghanistan, deserts of Iraq, and along the rivers, streams, and in the oceans' waters and the skies above; they have answered this call proudly and carried out their duties admirably; and

      WHEREAS, The cause of democracy and international security has sustained the mission of the nation and the servicemen and women who serve it, their commitment to freedom has weathered the storms of death and has been weighed on the scales of righteousness and found to be just; and

      WHEREAS, Regard for one's own interest has been laid down for the will of the nation and the benefit of others, American soldiers continue the struggle for a free, secure, and independent Middle East; and

      WHEREAS, Elections in Afghanistan and Iraq are great victories for democracy and peace, they signal the beginning of a new era whose birth was born of the pains endured by the citizens of Afghanistan and Iraq and by American soldiers and their families;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington eagerly await the return of our nation's bravest heroes, the sons and daughters, men and women serving in the United States Military; and

      BE IT FURTHER RESOLVED, That it is with great respect and admiration that we honor the men and women of the United States Military; we pray for their safe return; and for their service, sacrifice, and courage we say, thank-you; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to General Lowenberg, Washington State National Guard; General Michael W. Hagee, Commandant United States Marine Corps; The Honorable Francis J. Harvey, Secretary of the United States Army; The Honorable Gordon R. England, Secretary of the Navy; Admiral Thomas H. Collins Commandant, United States Coast Guard; and The Honorable Peter Teets, Secretary of the Air Force.

      Senators Benton, Kline, Franklin, Swecker, Rasmussen, Sheldon, Schmidt, Prentice, Parlette and Benson spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8647.

      The motion by Senator Benton carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced members of the U. S. Army, U.S. Air Force, U.S. Navy, U.S. Coast Guard and U.S. Marine Corps who were seated in the gallery.

MOTION

At 12:23 p.m., on motion of Senator Eide, the Senate was declared to be at recess until 1:30 p.m.

AFTERNOON SESSION

      The Senate was called to order at 1:30 p.m. by the President Pro Tempore.

MOTION

At 1:33 p.m., on motion of Senator Regala, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 2:33 p.m. by President Owen.

MOTION

      On motion of Senator Eide, the Senate reverted to the fifth order of business.

SUPPLEMENTAL INTRODUCTION AND FIRST READING

SB 6130             6130Introduction & 1^st Reading by Senators Parlette, Keiser, Deccio, Hargrove, Benson, Mulliken and Prentice

AN ACT Relating to the public employees' benefits board; and amending RCW 41.05.006 and 41.05.065.

Referred to Committee on Ways & Means.

E2SHB 1441      1441-S2Introduction & 1^st Reading by House Committee on Appropriations (originally sponsored by Representatives Clibborn, Morrell, Campbell, Cody, Tom, Moeller, Schual-Berke, Wallace, Grant, Williams, Lovick, Ormsby, Chase, Kessler, Kagi, Hunt, Appleton, Darneille, Upthegrove, Sells, Roberts, Conway, Miloscia, Fromhold, P. Sullivan, Santos, Takko, Green, Wood, Simpson, Hasegawa and Dickerson)

AN ACT Relating to health insurance coverage for children; amending RCW 74.09.415; adding a new section to chapter 74.09 RCW; providing an effective date; and declaring an emergency.

ESHB 2314        2314-SIntroduction & 1^st Reading by House Committee on Finance (originally sponsored by Representative McIntire)

AN ACT Relating to revenue and taxation; amending RCW 82.04.060, 82.12.0251, 82.12.0255, 82.12.035, 82.08.010, 82.14.020, 82.14.020, 82.08.150, 69.50.520, 82.04.2908, 82.04.4463, 82.29A.130, 82.71.020, 82.04.4452, 84.52.068, 43.84.092, 43.84.092, 69.50.520, 70.146.030, and 83.100.---; amending 2004 c 153 s 502 (uncodified); amending 2003 1st sp.s. c 16 s 6 (uncodified); reenacting and amending RCW 82.04.050, 82.04.190, 82.12.010, 82.12.020, and 82.12.040; adding new sections to chapter 82.04 RCW; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; adding new sections to chapter 82.32 RCW; adding a new section to chapter 83.100 RCW; adding a new section to chapter 82.24 RCW; adding a new section to chapter 28A.505 RCW; adding a new chapter to Title 43 RCW; adding a new chapter to Title 82 RCW; creating new sections; providing effective dates; providing expiration dates; and declaring an emergency.

      AN ACT Relating to revenue and taxation.

MOTION

      On motion of Senator Eide, Senate Bill No. 6130 was referred to the committee as designated and Engrossed Second Substitute House Bill No. 1441, Engrossed Substitute House Bill No. 2314, Engrossed Substitute House Bill No. 1044 Second Substitute House Bill No. 1240 and Substitute House Bill No. 2304 were placed on the second reading calendar.

MOTION

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

The Speaker has signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5034,

      SUBSTITUTE SENATE BILL NO. 5038,

      SENATE BILL NO. 5039,

      ENGROSSED SENATE BILL NO. 5049,

      SUBSTITUTE SENATE BILL NO. 5052,

      SUBSTITUTE SENATE BILL NO. 5064,

      SUBSTITUTE SENATE BILL NO. 5085,

      ENGROSSED SENATE BILL NO. 5094,

      SUBSTITUTE SENATE BILL NO. 5101,

      ENGROSSED SENATE BILL NO. 5110,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5111,

      SUBSTITUTE SENATE BILL NO. 5112,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5121,

      SENATE BILL NO. 5127,

      SUBSTITUTE SENATE BILL NO. 5139,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5140,

      SUBSTITUTE SENATE BILL NO. 5145,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5158,

      SUBSTITUTE SENATE BILL NO. 5169,

      SUBSTITUTE SENATE BILL NO. 5182,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5186,

      SENATE BILL NO. 5196,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

The Speaker has signed:

      ENGROSSED SENATE BILL NO. 5583,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5599,

      SUBSTITUTE SENATE BILL NO. 5631,

      SUBSTITUTE SENATE BILL NO. 5664,

      SUBSTITUTE SENATE BILL NO. 5692,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5699,

      SENATE BILL NO. 5707,

      SUBSTITUTE SENATE BILL NO. 5708,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5719,

      SENATE BILL NO. 5733,

      SUBSTITUTE SENATE BILL NO. 5752,

      SUBSTITUTE SENATE BILL NO. 5767,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5788,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5806,

      SUBSTITUTE SENATE BILL NO. 5828,

      SUBSTITUTE SENATE BILL NO. 5841,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5872,

      SENATE BILL NO. 5898,

      SUBSTITUTE SENATE BILL NO. 5899,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

The Speaker has signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5415,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2314

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5432,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5620,

      SECOND SUBSTITUTE SENATE BILL NO. 5663

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5732,

      SECOND SUBSTITUTE SENATE BILL NO. 5782.

MESSAGE FROM THE HOUSE

April 19, 2005

MR. PRESIDENT:

      The House receded from its committee amendment to SUBSTITUTE SENATE BILL NO. 5850 and passed the bill.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator Spanel moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5850.

      Senators Spanel and Parlette spoke in favor of the motion.

MOTIONS

On motion of Senator Esser, Senators Deccio and Mulliken were excused.

The President declared the question before the Senate to be the motion by Senator Spanel that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5850.

The motion by Senator Spanel carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5850 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5850, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5850, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 4; Absent, 5; Excused, 2.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hargrove, Haugen, Jacobsen, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 38

      Voting nay: Senators Benton, Hewitt, Honeyford and Zarelli - 4

      Absent: Senators Brown, Fraser, Johnson, Kastama and Kline - 5

      Excused: Senators Deccio and Mulliken - 2

SUBSTITUTE SENATE BILL NO. 5850, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 14, 2005

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5610, with the following amendment{s}:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 77.85.005 and 1999 sp.s. c 13 s 1 are each amended to read as follows:

      The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.

      The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government, and that the state may best accomplish this objective by integrating local and regional recovery activities into a statewide ((plan)) strategy that can make the most effective use of provisions of federal laws allowing for a state lead in salmon recovery, delivered through implementation activities consistent with regional and watershed recovery plans. The legislature also finds that a statewide salmon recovery ((plan)) strategy must be developed and implemented through an active public involvement process in order to ensure public participation in, and support for, salmon recovery. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks. A strong watershed-based locally implemented plan is essential for local, regional, and statewide salmon recovery.

      The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

      The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is important to monitor salmon habitat projects and salmon recovery activities to determine their effectiveness in order to secure federal acceptance of the state's approach to salmon recovery. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring ((process)) system should be developed and implemented.

      The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science panel is needed to provide scientific review and oversight; a coordinated state funding process should be established through a salmon recovery funding board; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat projects to be funded by state agencies; habitat projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

      Sec. 2. RCW 77.85.010 and 2002 c 210 s 1 are each amended to read as follows:

      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

      (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

      (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 77.85.060(2). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities.

      (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

      (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

      (6) "Project sponsor" is a county, city, special district, tribal government, state agency, a combination of such governments through interlocal or interagency agreements, a nonprofit organization, regional fisheries enhancement group, or one or more private citizens. A project sponsored by a state agency may be funded by the board only if it is included on the habitat project list submitted by the lead entity for that area and the state agency has a local partner that would otherwise qualify as a project sponsor.

      (7) "Regional recovery organization" or "regional salmon recovery organization" means an entity formed under RCW 77.85.090 for the purpose of recovering salmon, which is recognized in statute or by the salmon recovery office.

      (8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

      (((8))) (9) "Salmon recovery plan" means a state or regional plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

      (((9))) (10) "Salmon recovery region" means geographic areas of the state identified or formed under RCW 77.85.090 that encompass groups of watersheds in the state with common stocks of salmon identified for recovery activities, and that generally are consistent with the geographic areas within the state identified by the national oceanic and atmospheric administration or the United States fish and wildlife service for activities under the federal endangered species act.

      (11) "Tribe" or "tribes" means federally recognized Indian tribes.

      (((10))) (12) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

      (((11))) (13) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.

      Sec. 3. RCW 77.85.020 and 1998 c 246 s 4 are each amended to read as follows:

      ((Beginning in)) (1) By December ((2000)) 1, 2006, the governor shall submit a ((biennial state of the salmon)) report to the legislature ((during the first week of December)) regarding the implementation of the state's salmon recovery strategy. The report may include the following:

      (((1))) (a) A description of the amount of in-kind and financial contributions, including volunteer, private, and state, federal, tribal as available, and local government money directly spent on salmon recovery in response to actual, proposed, or expected endangered species act listings;

      (((2))) (b) A summary of habitat projects including but not limited to:

      (((a))) (i) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;

      (((b))) (ii) A summary of salmon restoration efforts undertaken in the past two years;

      (((c))) (iii) A summary of the role which private volunteer initiatives contribute in salmon habitat restoration efforts; and

      (((d))) (iv) A summary of efforts taken to protect salmon habitat;

      (((3))) (c) A summary of collaborative efforts undertaken with adjoining states or Canada;

      (((4))) (d) A summary of harvest and hatchery management activities affecting salmon recovery;

      (((5))) (e) A summary of information regarding impediments to successful salmon recovery efforts;

      (((6))) (f) A summary of the number and types of violations of existing laws pertaining to: (((a))) (i) Water quality; and (((b))) (ii) salmon. The summary shall include information about the types of sanctions imposed for these violations;

      (((7))) (g) Information on the estimated carrying capacity of new habitat created pursuant to chapter 246, Laws of 1998; and

      (((8))) (h) Recommendations to the legislature that would further the success of salmon recovery. The recommendations may include:

      (((a))) (i) The need to expand or improve nonregulatory programs and activities; ((and

      (b))) (ii) The need to expand or improve state and local laws and regulations; and

      (iii) Recommendations for state funding assistance to recovery activities and projects.

      (2) The report shall summarize the monitoring data coordinated by the monitoring forum. The summary must include but is not limited to data and analysis related to:

      (a) Measures of progress in fish recovery;

      (b) Measures of factors limiting recovery as well as trends in such factors; and

      (c) The status of implementation of projects and activities.

      Sec. 4. RCW 77.85.030 and 2000 c 107 s 93 are each amended to read as follows:

      (1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development of regional salmon recovery plans ((for evolutionarily significant units, and submit those plans to the appropriate tribal governments and federal agencies)) as an integral part of a statewide strategy developed consistent with the guiding principles and procedures under RCW 77.85.150. The governor's salmon recovery office ((may also:

      (a))) shall assist regional recovery organizations in submitting plans to the federal fish services for adoption as federal recovery plans. The governor's salmon recovery office may also:

      (a) Assist state agencies, local governments, landowners, and other interested parties in obtaining federal assurances that plans, programs, or activities are consistent with fish recovery under the federal endangered species act;

      (b) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's ((endangered species act)) salmon recovery plans; and

      (((b))) (c) Provide ((the biennial state of the salmon report to the legislature)) periodic reports pursuant to RCW 77.85.020.

      (2) This section expires June 30, ((2006)) 2007.

      Sec. 5. RCW 77.85.040 and 2000 c 107 s 94 are each amended to read as follows:

      (1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

      (2) The speaker of the house of representatives and the majority leader in the senate may each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

      (3) The members of the independent science panel shall serve four-year terms. Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. The independent science panel members shall elect the chair of the panel among themselves every two years. Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW.

      (4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office ((shall)) may request review of regional salmon recovery plans by the science review panel. The science panel does not have the authority to review individual projects or habitat project lists developed under RCW 77.85.050((,)) or 77.85.060((, and 75.46.080)) or to make policy decisions. The panel shall periodically submit its findings and recommendations under this subsection to the legislature and the governor.

      (((5) The independent science panel, in conjunction with the technical review team, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in habitat projects and salmon recovery activities across the state.

      (6) The independent science panel, in conjunction with the technical review team, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts.

      (7) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel and the technical review team. The report may be included in the biennial state of the salmon report required under RCW 77.85.020.))

      Sec. 6. RCW 77.85.050 and 1999 sp.s. c 13 s 11 are each amended to read as follows:

      (1)(a) Counties, cities, and tribal governments must jointly designate, by resolution or by letters of support, the area for which a habitat project list is to be developed and the lead entity that is to be responsible for submitting the habitat project list. No project included on a habitat project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, regional recovery organization, or other entity.

      (b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other habitat interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat. ((The technical review team may provide the lead entity with organizational models that may be used in establishing the committees.))

      (c) The committee shall compile a list of habitat projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat project list. The committee shall also identify potential federal, state, local, and private funding sources.

      (2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.

      (3) The lead entity shall submit the habitat project list to the ((technical review team)) board in accordance with procedures adopted by the board.

      Sec. 7. RCW 77.85.090 and 2000 c 107 s 99 are each amended to read as follows:

      (1) The southwest Washington salmon recovery region, whose boundaries are provided in chapter 60, Laws of 1998, is created.

      (2) Lead entities within a salmon recovery region that agree to form a regional salmon recovery organization may be recognized by the salmon recovery office as a regional recovery organization. The regional recovery organization may plan, coordinate, and monitor the implementation of a regional recovery plan.

      Sec. 8. RCW 77.85.130 and 2000 c 107 s 102 and 2000 c 15 s 1 are each reenacted and amended to read as follows:

      (1) The salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.

      (2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:

      (i) Are based upon the limiting factors analysis identified under RCW 77.85.060;

      (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;

      (iii) Will benefit listed species and other fish species; ((and))

      (iv) Will preserve high quality salmonid habitat; and

      (v) Are included in a regional or watershed-based salmon recovery plan that accords the project, action, or area a high priority for funding.

      (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:

      (i) Are the most cost-effective;

      (ii) Have the greatest matched or in-kind funding; ((and))

      (iii) Will be implemented by a sponsor with a successful record of project implementation; and

      (iv) Are part of a regionwide list developed by lead entities.

      (3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.

      (4) ((For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.

      (5) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 77.85.060, it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.

      (6))) The board shall establish criteria for determining when block grants may be made to a lead entity ((or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 77.85.050,)). The board may provide block grants to the lead entity to ((assist in carrying out lead entity functions under this chapter,)) implement habitat project lists developed under RCW 77.85.050, subject to available funding. The board shall determine an equitable minimum amount of project funds for each recovery region, and shall distribute the remainder of funds on a competitive basis. The board may also provide block grants to the lead entity or regional recovery organization to assist in carrying out functions described under this chapter. Block grants must be expended consistent with the priorities established for the board in subsection (2) of this section. Lead entities or regional recovery organizations receiving block grants under this subsection shall provide an annual report to the board summarizing how funds were expended for activities consistent with this chapter, including the types of projects funded, project outcomes, monitoring results, and administrative costs.

      (((7))) (5) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.

      (((8))) (6) The board may award a grant or loan for a salmon recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to perform the project, when expedited action provides a clear benefit to salmon recovery, and there will be harm to salmon recovery if the project is delayed. For purposes of this subsection, a legal obligation does not include a project required solely as a mitigation or a condition of permitting.

      (((9))) (7) The board may condition a grant or loan to include the requirement that property may only be transferred to a federal agency if the agency that will acquire the property agrees to comply with all terms of the grant or loan to which the project sponsor was obligated. Property acquired or improved by a project sponsor may be conveyed to a federal agency, but only if the agency agrees to comply with all terms of the grant or loan to which the project sponsor was obligated.

      Sec. 9. RCW 77.85.150 and 1999 sp.s. c 13 s 9 are each amended to read as follows:

      (1) ((By September 1, 1999,)) The governor, with the assistance of the salmon recovery office, shall ((submit a statewide salmon recovery strategy to the appropriate federal agencies administering the federal endangered species act)) maintain and revise a statewide salmon recovery strategy.

      (2) The governor and the salmon recovery office shall be guided by the following considerations in ((developing)) maintaining and revising the strategy:

      (a) The strategy should identify statewide initiatives and responsibilities with regional recovery plans and local watershed initiatives as the principal ((mechanism)) means for implementing the strategy;

      (b) The strategy should emphasize collaborative, incentive-based approaches;

      (c) The strategy should address all factors limiting the recovery of Washington's listed salmon stocks, including habitat and water quality degradation, harvest and hatchery management, inadequate streamflows, and other barriers to fish passage. Where other limiting factors are beyond the state's jurisdictional authorities to respond to, such as some natural predators and high seas fishing, the strategy shall include the state's requests for federal action to effectively address these factors;

      (d) The strategy should identify immediate actions necessary to prevent extinction of a listed salmon stock, establish performance measures to determine if restoration efforts are working, recommend effective monitoring and data management, and recommend to the legislature clear and certain measures to be implemented if performance goals are not met;

      (e) The strategy shall rely on the best scientific information available and provide for incorporation of new information as it is obtained;

      (f) The strategy should seek a fair allocation of the burdens and costs upon economic and social sectors of the state whose activities may contribute to limiting the recovery of salmon; and

      (g) The strategy should seek clear measures and procedures from the appropriate federal agencies for removing Washington's salmon stocks from listing under the federal act.

      (3) Beginning on September 1, 2000, the strategy shall be updated through an active public involvement process, including early and meaningful opportunity for public comment. In obtaining public comment, the salmon recovery office shall hold public meetings throughout the state and shall encourage regional and local recovery planning efforts to similarly ensure an active public involvement process.

      (4) This section shall apply prospectively only and not retroactively. Nothing in this section shall be construed to invalidate actions taken in recovery planning at the local, regional, or state level prior to July 1, 1999.

      NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

      (1) RCW 77.85.070 (Technical advisory groups) and 2000 c 107 s 97 & 1998 c 246 s 10; and

      (2) RCW 77.85.210 (Monitoring activities--Monitoring oversight committee--Legislative steering committee--Report to the legislature--Monitoring strategy and action plan) and 2001 c 298 s 3."

      Correct the title.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator Jacobsen moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5610 and ask the House to recede therefrom.

      Senators Jacobsen spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Jacobsen that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5610 and ask the House to recede therefrom.

      The motion by Senator Jacobsen carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 5610 and asked the House to recede therefrom by voice vote.

MOTIONS

On motion of Senator Hewitt, Senator Finkbeiner was excused.

On motion of Senator Regala, Senators Fraser, Kastama and Kline were excused.

MESSAGE FROM THE HOUSE

April 18, 2005

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2124 and asks Senate to recede therefrom.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator Haugen moved that the Senate recede from its position on Substitute House Bill No. 2124.

      The President declared the question before the Senate to be the motion by Senator Haugen that the Senate recede from its position on Substitute House Bill No. 2124.

The motion by Senator Haugen carried and the Senate receded from its position on Substitute House Bill No. 2124 by voice vote.

MOTION

On motion of Senator Haugen, the rules were suspended and Substitute House Bill No. 2124 was returned to second reading for the purposes of amendment.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2124, by House Committee on Transportation (originally sponsored by Representatives Murray, Jarrett, Simpson, Hudgins, Upthegrove, Sells, Wallace, Dickerson, B. Sullivan, Moeller, Kenney and Hasegawa)

      Increasing state participation in public transportation service and planning.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following striking amendment by Senators Haugen and Swecker be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the state needs to reestablish itself as a leader in public transportation.

      The legislature also finds that increased demands on transportation resources require increased coordination among public transportation service providers.

      The legislature also finds that the efficiency of transportation corridors would be enhanced by a more proactive and integrated approach to public transportation service delivery and planning.

      The legislature also finds that the state department of transportation is in the unique position of being able to improve connectivity between service territories of transit agencies and modes of transportation.

      The legislature also finds that the state should be a center of excellence in public transportation planning and research and providing technical assistance to transit agencies serving urban, suburban, and rural areas.

      Therefore, it is the intent of the legislature that the state department of transportation be a leader in public transportation. The department shall play a guiding role in coordinating decentralized public transportation services, increasing connectivity between them, advocating for public transportation as a means to increase corridor efficiency, and increasing the integration of public transportation and the highway system.

      NEW SECTION. Sec. 2. A new section is added to chapter 47.01 RCW to read as follows:

      (1) The secretary shall establish an office of transit mobility. The purpose of the office is to facilitate the integration of decentralized public transportation services with the state transportation system. The goals of the office of transit mobility are: (a) To facilitate connection and coordination of transit services and planning; and (b) maximizing opportunities to use public transportation to improve the efficiency of transportation corridors.

      (2) The duties of the office include, but are not limited to, the following:

      (a) Developing a statewide strategic plan that creates common goals for transit agencies and reduces competing plans for cross-jurisdictional service;

      (b) Developing a park and ride lot program;

      (c) Encouraging long-range transit planning;

      (d) Providing public transportation expertise to improve linkages between regional transportation planning organizations and transit agencies;

      (e) Strengthening policies for inclusion of transit and transportation demand management strategies in route development, corridor plan standards, and budget proposals;

      (f) Recommending best practices to integrate transit and demand management strategies with regional and local land use plans in order to reduce traffic and improve mobility and access;

      (g) Producing recommendations for the public transportation section of the Washington transportation plan; and

      (h) Participating in all aspects of corridor planning, including freight planning, ferry system planning, and passenger rail planning.

      (3) In forming the office, the secretary shall use existing resources to the greatest extent possible.

      (4) The office of transit mobility shall establish measurable performance objectives for evaluating the success of its initiatives and progress toward accomplishing the overall goals of the office.

      (5) The office of transit mobility must report quarterly to the secretary, and annually to the transportation committees of the legislature, on the progress of the office in meeting the goals and duties provided in this section.

      NEW SECTION. Sec. 3. A new section is added to chapter 47.01 RCW to read as follows:

      Local and regional transportation agencies shall adopt common transportation goals. The office of transit mobility shall review local and regional transportation plans, including plans required under RCW 35.58.2795, 36.70A.070(6), 36.70A.210, and 47.80.023, to provide for the efficient integration of multimodal and multijurisdictional transportation planning.

      Sec. 4. RCW 47.66.030 and 1996 c 49 s 3 are each amended to read as follows:

      (1)(((a))) The ((transportation improvement board is authorized and responsible for the final selection of programs and projects funded from the central Puget Sound public transportation account; public transportation systems account; and the intermodal surface transportation and efficiency act of 1991, surface transportation program, statewide competitive)) department shall establish a regional mobility grant program. The purpose of the grant program is to aid local governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service, and capital projects that improve the connectivity and efficiency of our transportation system. The department shall identify cost-effective projects that reduce delay for people and goods and improve connectivity between counties and regional population centers. The department shall submit a prioritized list of all projects requesting funding to the legislature by December 1st of each year.

      (((b))) (2) The ((board)) department may establish ((subcommittees as well as technical)) an advisory committee((s)) to carry out the mandates of this chapter.

      (((2) Expenses of the board, including administrative expenses for managing the program, shall be paid in accordance with RCW 47.26.140.))

      (3) The department must report annually to the transportation committees of the legislature on the status of any grants projects funded by the program created under this section.

      Sec. 5. RCW 47.66.040 and 1995 c 269 s 2606 are each amended to read as follows:

      (1) The ((transportation improvement board)) department shall select ((programs and)) projects based on a competitive process ((consistent with the mandates governing each account or source of funds)). The competition shall be consistent with the following criteria:

      (a) Local, regional, and state transportation plans;

      (b) Local transit development plans; and

      (c) Local comprehensive land use plans.

      (2) The following criteria shall be considered by the ((board)) department in selecting programs and projects:

      (a) Objectives of the growth management act, the high capacity transportation act, the commute trip reduction act, transportation demand management programs, federal and state air quality requirements, and federal Americans with Disabilities Act and related state accessibility requirements; and

      (b) Enhancing the efficiency of regional corridors in moving people among jurisdictions and modes of transportation, energy efficiency issues, reducing delay for people and goods, freight and goods movement as related to economic development, regional significance, rural isolation, the leveraging of other funds ((including funds administered by this board)), and safety and security issues.

      (3) The ((board)) department shall determine the appropriate level of local match required for each ((program and)) project based on the source of funds.

      NEW SECTION. Sec. 6. A new section is added to chapter 47.66 RCW to read as follows:

      Beginning in 2005, and every other year thereafter, the department shall examine the division's existing grant programs, and the methods used to allocate grant funds, to determine the program's effectiveness, and whether the methods used to allocate funds result in an equitable distribution of the grants. The department shall submit a report of the findings to the transportation committees of the legislature.

      NEW SECTION. Sec. 7. If Senate Bill No. 6103 is not enacted by June 30, 2005, this act is null and void."

MOTION

Senator Benton moved that the following amendment by Senator Benton to the striking amendment be adopted.

      Beginning on page 1, line 3 of the amendment, strike all of sections 1 through 6

      On page 4, after line 29 of the amendment, insert the following:

      "NEW SECTION. Sec. 1. The joint legislative audit and review committee shall perform an evaluation of the public transportation and rail division, and the urban planning office within the department of transportation. The evaluation must include an examination of the existing transit and other multimodal planning coordination efforts of local, regional, and state governments. The evaluation must also review the resources, such as studies and data, currently available to local, regional, and state government. Based on the evaluation the committee must make recommendations regarding the best methods to: (1) Facilitate connection and coordination of transit services and planning at the local, regional, and state level; and (2) maximize opportunities to use public transportation to improve the efficiency of transportation corridors.

      By December 1, 2006, the joint legislative audit and review committee shall prepare a report to the transportation committees of the legislature detailing the evaluation findings and recommendations."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      On page 5, line 1 of the title amendment, after "insert" strike all material through "sections" on line 4 and insert "and creating a new section"

      Senator Benton spoke in favor of adoption of the amendment to the striking amendment.

      Senators Haugen and Pridemore spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 1, line 3 to the striking amendment to Substitute House Bill No. 2124.

The motion by Senator Benton failed and the amendment to the striking amendment was not adopted by voice vote.

      Senator Swecker spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen and Swecker to Substitute House Bill No. 2124.

      The motion by Senator Haugen carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      In line 2 of the title, after "planning;" strike the remainder of the title and insert "amending RCW 47.66.030 and 47.66.040; adding new sections to chapter 47.01 RCW; adding a new section to chapter 47.66 RCW; and creating new sections."

MOTION

On motion of Senator Pflug, Senator Mulliken was excused.

MOTION

      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2124, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Jacobsen spoke in favor of passage of the bill.

      Senator Esser spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2124, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2124, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 29; Nays, 14; Absent, 1; Excused, 5.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Keiser, Kohl-Welles, McAuliffe, McCaslin, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 29

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Hewitt, Honeyford, Morton, Parlette, Pflug, Roach, Schoesler and Zarelli - 14

      Absent: Senator Johnson - 1

      Excused: Senators Deccio, Finkbeiner, Kastama, Kline and Mulliken - 5

      SUBSTITUTE HOUSE BILL NO. 2124, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

The Speaker has signed:

      ENGROSSED HOUSE BILL NO. 1003,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1064,

      ENGROSSED HOUSE BILL NO. 1068,

      ENGROSSED HOUSE BILL NO. 1074,

      HOUSE BILL NO. 1128,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1152,

      SUBSTITUTE HOUSE BILL NO. 1185,

      SUBSTITUTE HOUSE BILL NO. 1216,

      SUBSTITUTE HOUSE BILL NO. 1218,

      ENGROSSED HOUSE BILL NO. 1222,

      SUBSTITUTE HOUSE BILL NO. 1236,

      HOUSE BILL NO. 1247,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1252,

      HOUSE BILL NO. 1254,

      SUBSTITUTE HOUSE BILL NO. 1266,

      SUBSTITUTE HOUSE BILL NO. 1280,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1290,

      SUBSTITUTE HOUSE BILL NO. 1304,

      HOUSE BILL NO. 1307,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1314,

      SUBSTITUTE HOUSE BILL NO. 1347,

      SUBSTITUTE HOUSE BILL NO. 1366,

      SUBSTITUTE HOUSE BILL NO. 1379,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1397,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418,

      SUBSTITUTE HOUSE BILL NO. 1463,

      SUBSTITUTE HOUSE BILL NO. 1495,

      SUBSTITUTE HOUSE BILL NO. 1496,

      SUBSTITUTE HOUSE BILL NO. 1541,

      SUBSTITUTE HOUSE BILL NO. 1652,

      SUBSTITUTE HOUSE BILL NO. 1699,

      SUBSTITUTE HOUSE BILL NO. 1711,

      HOUSE BILL NO. 1739,

      SUBSTITUTE HOUSE BILL NO. 1754,

      HOUSE BILL NO. 1771,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

The Speaker has signed:

      HOUSE BILL NO. 1303,

      SUBSTITUTE HOUSE BILL NO. 1313,

      HOUSE BILL NO. 1315,

      HOUSE BILL NO. 1330,

      SUBSTITUTE HOUSE BILL NO. 1345,

      SUBSTITUTE HOUSE BILL NO. 1381,

      HOUSE BILL NO. 1386,

      SUBSTITUTE HOUSE BILL NO. 1393,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1402,

      SUBSTITUTE HOUSE BILL NO. 1408,

      SUBSTITUTE HOUSE BILL NO. 1426,

      HOUSE BILL NO. 1469,

      SUBSTITUTE HOUSE BILL NO. 1478,

      SUBSTITUTE HOUSE BILL NO. 1486,

      SUBSTITUTE HOUSE BILL NO. 1512,

      HOUSE BILL NO. 1533,

      ENGROSSED HOUSE BILL NO. 1561,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1605,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1631,

      SUBSTITUTE HOUSE BILL NO. 1636,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1640,

      SUBSTITUTE HOUSE BILL NO. 1681,

      SUBSTITUTE HOUSE BILL NO. 1687,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1688,

      SUBSTITUTE HOUSE BILL NO. 1689,

      HOUSE BILL NO. 1690,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1696,

      SUBSTITUTE HOUSE BILL NO. 1756,

      SUBSTITUTE HOUSE BILL NO. 1847,

      SUBSTITUTE HOUSE BILL NO. 1856,

      HOUSE BILL NO. 1864,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1888,

      SUBSTITUTE HOUSE BILL NO. 1951

      SUBSTITUTE HOUSE BILL NO. 1995,

      HOUSE BILL NO. 1999,

      SUBSTITUTE HOUSE BILL NO. 2085,

      HOUSE BILL NO. 2101,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2126,

      SUBSTITUTE HOUSE BILL NO. 2173,

      HOUSE BILL NO. 2189,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

      ENGROSSED HOUSE BILL NO. 1003,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1064,

      ENGROSSED HOUSE BILL NO. 1068,

      ENGROSSED HOUSE BILL NO. 1074,

      HOUSE BILL NO. 1128,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1152,

      SUBSTITUTE HOUSE BILL NO. 1185,

      SUBSTITUTE HOUSE BILL NO. 1216,

      SUBSTITUTE HOUSE BILL NO. 1218,

      ENGROSSED HOUSE BILL NO. 1222,

      SUBSTITUTE HOUSE BILL NO. 1236,

      HOUSE BILL NO. 1247,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1252,

      HOUSE BILL NO. 1254,

      SUBSTITUTE HOUSE BILL NO. 1266,

      SUBSTITUTE HOUSE BILL NO. 1280,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1290,

      SUBSTITUTE HOUSE BILL NO. 1304,

      HOUSE BILL NO. 1307,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1314,

      SUBSTITUTE HOUSE BILL NO. 1347,

      SUBSTITUTE HOUSE BILL NO. 1366,

      SUBSTITUTE HOUSE BILL NO. 1379,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1397,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418,

      SUBSTITUTE HOUSE BILL NO. 1463,

      SUBSTITUTE HOUSE BILL NO. 1495,

      SUBSTITUTE HOUSE BILL NO. 1496,

      SUBSTITUTE HOUSE BILL NO. 1541,

      SUBSTITUTE HOUSE BILL NO. 1652,

      SUBSTITUTE HOUSE BILL NO. 1699,

      SUBSTITUTE HOUSE BILL NO. 1711,

      HOUSE BILL NO. 1739,

      SUBSTITUTE HOUSE BILL NO. 1754,

      HOUSE BILL NO. 1771

The President signed:

      HOUSE BILL NO. 1303,

      SUBSTITUTE HOUSE BILL NO. 1313,

      HOUSE BILL NO. 1315,

      HOUSE BILL NO. 1330,

      SUBSTITUTE HOUSE BILL NO. 1345,

      SUBSTITUTE HOUSE BILL NO. 1381,

      HOUSE BILL NO. 1386,

      SUBSTITUTE HOUSE BILL NO. 1393,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1402,

      SUBSTITUTE HOUSE BILL NO. 1408,

      SUBSTITUTE HOUSE BILL NO. 1426,

      HOUSE BILL NO. 1469,

      SUBSTITUTE HOUSE BILL NO. 1478,

      SUBSTITUTE HOUSE BILL NO. 1486,

      SUBSTITUTE HOUSE BILL NO. 1512,

      HOUSE BILL NO. 1533,

      ENGROSSED HOUSE BILL NO. 1561,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1605,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1631,

      SUBSTITUTE HOUSE BILL NO. 1636,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1640,

      SUBSTITUTE HOUSE BILL NO. 1681,

      SUBSTITUTE HOUSE BILL NO. 1687,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1688,

      SUBSTITUTE HOUSE BILL NO. 1689,

      HOUSE BILL NO. 1690,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1696,

      SUBSTITUTE HOUSE BILL NO. 1756,

      SUBSTITUTE HOUSE BILL NO. 1847,

      SUBSTITUTE HOUSE BILL NO. 1856,

      HOUSE BILL NO. 1864,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1888,

      SUBSTITUTE HOUSE BILL NO. 1951,

      SUBSTITUTE HOUSE BILL NO. 1995,

      HOUSE BILL NO. 1999,

      SUBSTITUTE HOUSE BILL NO. 2085,

      HOUSE BILL NO. 2101,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2126,

      SUBSTITUTE HOUSE BILL NO. 2173,

      HOUSE BILL NO. 2189.

MOTION

      On motion of Senator Eide, the Senate reverted to the third order of business.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced City Council members from the Dalseong-gun District, City of Deagu, South Korea, guests of Senator Shin, who were seated in the gallery.

MOTION

At 3:03 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 4:15 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS

MOTION

      Senator Brown, moved that Gubernatorial Reappointment No. 9088, Tom Karier, as a member of the Pacific Northwest Electric Power and Conservation Planning Council, be confirmed.

      Senators Brown and Spanel spoke in favor of the motion.

MOTION

On motion of Senator Hewitt, Senators Honeyford and Brandland were excused.

REAPPOINTMENT OF TOM KARIER

The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9088, Tom Karier as a member of the Pacific Northwest Electric Power and Conservation Planning Council.

      The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9088, Tom Karier as a member of the Pacific Northwest Electric Power and Conservation Planning Council and the appointment was confirmed by the following vote: Yeas, 33; Nays, 0; Absent, 13; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Delvin, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Kline, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Regala, Roach, Rockefeller, Schmidt, Schoesler, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 33

      Absent: Senators Carrell, Doumit, Eide, Haugen, Johnson, Keiser, Kohl-Welles, McAuliffe, Pflug, Pridemore, Rasmussen, Sheldon and Thibaudeau - 13

      Excused: Senators Brandland, Deccio and Mulliken - 3

Gubernatorial Reappointment No. 9088, Tom Karier, having received the constitutional majority was declared confirmed as a member of the Pacific Northwest Electric Power and Conservation Planning Council.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Rockefeller, moved that Gubernatorial Appointment No. 9018, J A Bricker, as a member of the State Board for Community and Technical Colleges, be confirmed.

      Senators Rockefeller, McCaslin, Poulsen and Haugen spoke in favor of the motion.

MOTION

On motion of Senator Regala, Senators Keiser and Eide were excused.

APPOINTMENT OF J A BRICKER

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9018, J A Bricker as a member of the State Board for Community and Technical Colleges.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9018, J A Bricker as a member of the State Board for Community and Technical Colleges and the appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 4; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 41

      Absent: Senators Johnson, Pflug, Pridemore and Rasmussen - 4

      Excused: Senators Brandland, Eide, Keiser and Mulliken - 4

Gubernatorial Appointment No. 9018, J A Bricker, having received the constitutional majority was declared confirmed as a member of the State Board for Community and Technical Colleges.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Rockefeller, moved that Gubernatorial Appointment No. 9075, David Harrison, as Chair of the Work Force Training and Education Coordinating Board, be confirmed.

      Senator Rockefeller spoke in favor of the motion.

MOTION

On motion of Senator Regala, Senators Kohl-Welles, Rasmussen and Pridemore were excused.

APPOINTMENT OF DAVID HARRISON

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9075, David Harrison as Chair of the Work Force Training and Education Coordinating Board.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9075, David Harrison as Chair of the Work Force Training and Education Coordinating Board and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Absent: Senator Pflug - 1

      Excused: Senators Brandland, Keiser, Kohl-Welles, Pridemore and Rasmussen - 5

Gubernatorial Appointment No. 9075, David Harrison, having received the constitutional majority was declared confirmed as Chair of the Work Force Training and Education Coordinating Board.

MOTION

      On motion of Senator Eide, the Senate advanced to the fourth order of business.

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

The Speaker has signed:

      HOUSE BILL NO. 1081,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

April 22, 2005

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2299,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed

      HOUSE BILL NO. 1081.

MESSAGE FROM THE HOUSE

April 21, 2005

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1708 and asks Senate to recede therefrom.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator McAuliffe moved that the Senate recede from its position on Substitute House Bill No. 1708.

      The President declared the question before the Senate to be motion by Senator McAuliffe that the Senate recede from its position on Substitute House Bill No. 1708.

The motion by Senator McAuliffe carried and the Senate receded from its position on Substitute House Bill No. 1708 by voice vote.

MOTION

On motion of Senator McAuliffe, the rules were suspended and Substitute House Bill No. 1708 was returned to second reading for the purposes of amendment.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1708, by House Committee on Education (originally sponsored by Representatives Lovick, Quall, Dickerson, Cox, Haigh, Kenney, McDermott, O'Brien, Sells, B. Sullivan, Appleton, Simpson, Kagi, Darneille, Morrell, Green, P. Sullivan, Ormsby, McCoy, Chase and Moeller)

      Regarding dropout prevention.

      The measure was read the second time.

MOTION

      Senator McAuliffe moved that the following striking amendment by Senators McAuliffe and Schmidt be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28A.175 RCW to read as follows:

      The superintendent of public instruction shall review and evaluate promising programs and practices for dropout prevention. The superintendent may consult with education administrators and providers, parents, students, and researchers as appropriate, and shall include in the review dropout prevention programs using nonpunitive approaches to school discipline. The superintendent shall report to the legislature by December 1, 2005, and recommend:

      (1) The most promising comprehensive dropout prevention programs and practices that encompass school-wide or district-wide restructuring of the delivery of educational services;

      (2) The most promising targeted dropout prevention programs and practices designed to provide social and other services in coordination with educational services to students who are at risk of dropping out due to the presence of family, personal, economic, or cultural circumstances; and

      (3) Policy and other changes to enhance the ability of career and technical education and skills center programs to further contribute to dropout prevention efforts.

      NEW SECTION. Sec. 2. (1) To the extent funds are appropriated, the office of the superintendent of public instruction in conjunction with the administrative office of the courts, shall convene a work group to evaluate the following:

      (a) Review the implementation of the Becca bill and other school attendance measures to determine their consistent application across the state and their conformance with state law;

      (b) The definition of excused and unexcused absences;

      (c) Creating incentives for school districts to improve student attendance; and

      (d) Related data collection requirements on graduation, dropouts, student transfer, and other issues related to student attendance.

      (2) The work group shall include representatives of the following groups, agencies, and organizations:

      (a) The office of the superintendent of public instruction;

      (b) The state board of education;

      (c) Teachers;

      (d) School administrators;

      (e) School counselors;

      (f) Truancy officers and truancy board members;

      (g) The administrator for the courts;

      (h) Court judges;

      (i) Prosecuting attorneys;

      (j) The office of attorney general;

      (k) Institutions of higher education;

      (l) Members of the legislature; and

      (m) Other interested education organizations and personnel.

      (3) The office of the superintendent of public instruction shall report the findings of the work group under this section to the governor, the state board of education, and the legislature no later than January 10, 2006.

      Sec. 3. RCW 28A.175.010 and 1991 c 235 s 4 are each amended to read as follows:

      Each school district shall account for the educational progress of each of its students. To achieve this, school districts shall be required to report annually to the superintendent of public instruction:

      (1) For students enrolled in each of a school district's high school programs:

      (a) The number of students ((eligible for graduation)) who graduate in fewer than four years;

      (b) The number of students who graduate in four years;

      (c) The number of students who remain in school for more than four years but who eventually graduate and the number of students who remain in school for more than four years but do not graduate;

      (d) The number of students who transfer to other schools;

      (e) ((The number of students who enter from other schools;

      (f))) The number of students in the ninth through twelfth grade who drop out of school over a four-year period; and

      (((g))) (f) The number of students whose status is unknown.

      (2) Dropout rates of students in each of the grades ((nine)) seven through twelve.

      (3) Dropout rates for student populations in each of the grades ((nine)) seven through twelve by:

      (a) Ethnicity;

      (b) Gender;

      (c) Socioeconomic status; and

      (d) Disability status.

      (4) The causes or reasons, or both, attributed to students for having dropped out of school in grades ((nine)) seven through twelve.

      (5) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to assure uniformity in the information districts are required to report under subsections (1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school districts, including administrative and counseling personnel, with regard to the methods through which information is to be collected and reported.

      (6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school building officials shall, to the extent reasonably practical, obtain such information directly from students. In lieu of obtaining such information directly from students, building principals and counselors shall identify the causes or reasons, or both, based on their professional judgment.

      (7) The superintendent of public instruction shall report annually to the legislature the information collected under subsections (1) through (4) of this section.

      NEW SECTION. Sec. 4. The legislature finds that the dropout rate of the state's Native American students is the highest in the state. Approximately one-half of all Native American high school students drop out before graduating with a diploma. The legislature also finds that culturally relevant educational opportunities are important contributors to other efforts to increase the rates of high school graduation for Native American students. The legislature further finds that the higher education participation rate for Native American students is the lowest in the state, and that more can be done to encourage Native American students to pursue higher educational opportunities. The legislature intends to authorize accredited public tribal colleges to participate in the running start program for the purposes of reducing the dropout rate of Native American students and encouraging greater participation rates in higher education.

      Sec. 5. RCW 28A.600.300 and 2002 c 80 s 1 are each amended to read as follows:

      For the purposes of RCW 28A.600.310 through 28A.600.400, "participating institution of higher education" or "institution of higher education" means:

      (1) A community or technical college as defined in RCW 28B.50.030; ((and))

      (2) A public tribal college located in Washington and accredited by the northwest commission on colleges and universities or another accrediting association recognized by the United States department of education; and

      (3) Central Washington University, Eastern Washington University, Washington State University, and The Evergreen State College, if the institution's governing board decides to participate in the program in RCW 28A.600.310 through 28A.600.400."

      Senator McAuliffe spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe and Schmidt to Substitute House Bill No. 1708.

      The motion by Senator McAuliffe carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "prevention;" strike the remainder of the title and insert "amending RCW 28A.175.010 and 28A.600.300; adding a new section to chapter 28A.175 RCW; and creating new sections."

MOTION

      On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1708, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1708, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1708, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senators Benton, Brown and Poulsen - 3

      Excused: Senators Pridemore and Rasmussen - 2

      SUBSTITUTE HOUSE BILL NO. 1708, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

REPORT OF THE CONFERENCE REPORT

Substitute House Bill No. 1791

April 21, 2005

MR. PRESIDENT:

MR. SPEAKER:

      We of your conference committee, to whom was referred Substitute House Bill No. 1791, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

And the bill do pass as recommended by the conference committee.

      Signed by Senators Prentice, Regala and Zarelli; Representatives Dunshee, Chase and Jarrett.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 71A.20 RCW to read as follows:

      (1) The developmental disabilities community trust account is created in the state treasury. All proceeds from the use of excess property identified in the 2002 joint legislative audit and review committee capital study of the division of developmental disabilities residential habilitation centers at Lakeland Village and Rainier school that would not impact current residential habilitation center operations must be deposited into the account. Income may come from the lease of the land, conservation easements, sale of timber, or other activities short of sale of the property. "Excess property" includes that portion of the property at Rainier school previously under the cognizance and control of Washington State University for use as a dairy/forage research facility. "Proceeds" include the net receipts from the use of all or a portion of the properties. Only investment income from the principal of the proceeds deposited into the trust account may be spent from the account. Moneys in the account may be spent only after appropriation. Expenditures from the account shall be used exclusively to provide family support and/or employment/day services to eligible persons with developmental disabilities who can be served by community-based developmental disability services. It is the intent of the legislature that the account should not be used to replace, supplant, or reduce existing appropriations.

      (2) The department shall report on its efforts and strategies to provide income to the developmental disabilities community trust account from the excess property identified in subsection (1) of this section from the lease of the property, sale of timber, or other activity short of sale of the property. The department shall report by June 30, 2006.

      (3) The account shall be known as the Dan Thompson memorial developmental disabilities community trust account.

      Sec. 2. RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, and 2003 c 48 s 2 are each reenacted and amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      Sec. 3. RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003 c 150 s 2, and 2003 c 48 s 2 are each reenacted and amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      Sec. 4. RCW 43.84.092 and 2004 c 242 s 60 are each amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      Sec. 5. RCW 72.01.140 and 1981 c 238 s 1 are each amended to read as follows:

      The secretary shall:

      (1) Make a survey, investigation, and classification of the lands connected with the state institutions under his control, and determine which thereof are of such character as to be most profitably used for agricultural, horticultural, dairying, and stock raising purposes, taking into consideration the costs of making them ready for cultivation, the character of the soil, its depth and fertility, the number of kinds of crops to which it is adapted, the local climatic conditions, the local annual rainfall, the water supply upon the land or available, the needs of all state institutions for the food products that can be grown or produced, and the amount and character of the available labor of inmates at the several institutions;

      (2) Establish and carry on suitable farming operations at the several institutions under his control;

      (3) Supply the several institutions with the necessary food products produced thereat;

      (4) Exchange with, or furnish to, other institutions, food products at the cost of production;

      (5) Sell and dispose of surplus food products produced.

      ((This section shall not apply to the Rainier school for which cognizance of farming operations has been transferred to Washington State University by RCW 72.01.142.))

      NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:

      (1) RCW 28B.30.820 (Dairy/forage and agricultural research facility--Transfer of property and facilities for) and 1981 c 238 s 3; and

      (2) RCW 72.01.142 (Transfer of dairy operation from Rainier school) and 1981 c 238 s 2.

      NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, except for section 3 of this act which takes effect July 1, 2005, and section 4 of this act which takes effect July 1, 2006.

      NEW SECTION. Sec. 8. (1) Section 2 of this act expires July 1, 2005.

      (2) Section 3 of this act expires July 1, 2006."

      Correct the title.

MOTION

Senator Regala moved the Report of the Conference Committee on Substitute House Bill No. 1791 be adopted.

      Senator Regala spoke in favor of the motion.

      The President declared the question before the Senate to be the motion by Senator Regala that the Report of the Conference Committee on Substitute House Bill No. 1791 be adopted.

The motion by Senator Regala carried and the Report of the Conference Committee was adopted by voice vote.

MOTION

      On motion of Senator Mulliken, Senators Benton and Schoesler were excused.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1791, as recommended by the Conference Committee.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1791, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Absent: Senators Brown and Poulsen - 2

      Excused: Senators Benton and Schoesler - 2

SUBSTITUTE HOUSE BILL NO. 1791, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

REPORT OF THE CONFERENCE REPORT

Engrossed Second Substitute Senate Bill No. 5763

April 20, 2005

MR. PRESIDENT:

MR. SPEAKER:

      We of your conference committee, to whom was referred Engrossed Second Substitute Senate Bill No. 5763, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

"PART I

GENERAL PROVISIONS

      NEW SECTION. Sec. 101. The legislature finds that persons with mental disorders, chemical dependency disorders, or co-occurring mental and substance abuse disorders are disproportionately more likely to be confined in a correctional institution, become homeless, become involved with child protective services or involved in a dependency proceeding, or lose those state and federal benefits to which they may be entitled as a result of their disorders. The legislature finds that prior state policy of addressing mental health and chemical dependency in isolation from each other has not been cost-effective and has often resulted in longer-term, more costly treatment that may be less effective over time. The legislature finds that a substantial number of persons have co-occurring mental and substance abuse disorders and that identification and integrated treatment of co-occurring disorders is critical to successful outcomes and recovery. Consequently, the legislature intends, to the extent of available funding, to:

      (1) Establish a process for determining which persons with mental disorders and substance abuse disorders have co-occurring disorders;

      (2) Reduce the gap between available chemical dependency treatment and the documented need for treatment;

      (3) Improve treatment outcomes by shifting treatment, where possible, to evidence-based, research-based, and consensus-based treatment practices and by removing barriers to the use of those practices;

      (4) Expand the authority for and use of therapeutic courts including drug courts, mental health courts, and therapeutic courts for dependency proceedings;

      (5) Improve access to treatment for persons who are not enrolled in medicaid by improving and creating consistency in the application processes, and by minimizing the numbers of eligible confined persons who leave confinement without medical assistance;

      (6) Improve access to inpatient treatment by creating expanded services facilities for persons needing intensive treatment in a secure setting who do not need inpatient care, but are unable to access treatment under current licensing restrictions in other settings;

      (7) Establish secure detoxification centers for persons involuntarily detained as gravely disabled or presenting a likelihood of serious harm due to chemical dependency and authorize combined crisis responders for both mental disorders and chemical dependency disorders on a pilot basis and study the outcomes;

      (8) Slow or stop the loss of inpatient and intensive residential beds and children's long-term inpatient placements and refine the balance of state hospital and community inpatient and residential beds;

      (9) Improve cross-system collaboration including collaboration with first responders and hospital emergency rooms, schools, primary care, developmental disabilities, law enforcement and corrections, and federally funded and licensed programs;

      (10) Following the receipt of outcomes from the pilot programs in Part II of this act, if directed by future legislative enactment, implement a single, comprehensive, involuntary treatment act with a unified set of standards, rights, obligations, and procedures for adults and children with mental disorders, chemical dependency disorders, and co-occurring disorders; and

      (11) Amend existing state law to address organizational and structural barriers to effective use of state funds for treating persons with mental and substance abuse disorders, minimize internal inconsistencies, clarify policy and requirements, and maximize the opportunity for effective and cost-effective outcomes.

      NEW SECTION. Sec. 102. (1) The department of social and health services shall explore and report to the appropriate committees of the legislature by December 1, 2005, on the feasibility, costs, benefits, and time frame to access federal medicaid funds for mental health and substance abuse treatment under the following provisions:

      (a) The optional clinic provisions;

      (b) Children's mental health treatment or co-occurring disorders treatment under the early periodic screening, diagnosis, and treatment provisions.

      (2) The department shall provide the appropriate committees of the legislature with a clear and concise explanation of the reasons for reducing state hospital capacity and the differences in costs and benefits of treatment in state and community hospital treatment.

      (3) The department may not reduce the capacity of either state hospital until at least an equal number of skilled nursing, residential, expanded services facility, or supported housing placements are available in the community to the persons displaced by the capacity reduction.

Mental Health Treatment

    NEW SECTION. Sec. 103. A new section is added to chapter 71.05 RCW to read as follows:

    (1) Not later than January 1, 2007, all persons providing treatment under this chapter shall also implement the integrated comprehensive screening and assessment process for chemical dependency and mental disorders adopted pursuant to section 601 of this act and shall document the numbers of clients with co-occurring mental and substance abuse disorders based on a quadrant system of low and high needs. 

    (2) Treatment providers and regional support networks who fail to implement the integrated comprehensive screening and assessment process for chemical dependency and mental disorders by July 1, 2007, shall be subject to contractual penalties established under section 601 of this act.

    Sec. 104. RCW 71.05.020 and 2000 c 94 s 1 are each amended to read as follows:

    The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital;

    (2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;

    (3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;

    (4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

    (5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;

    (6) (("County designated mental health professional" means a mental health professional appointed by the county to perform the duties specified in this chapter;

    (7))) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;

    (((8))) (7) "Department" means the department of social and health services;

    (((9))) (8) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapter 70.96A RCW and sections 202 through 216 of this act;

    (9) "Designated crisis responder" means a mental health professional appointed by the county or the regional support network to perform the duties specified in this chapter;

    (10) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;

   (11) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;

   (((10))) (12) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;

   (((11))) (13) "Developmental disability" means that condition defined in RCW 71A.10.020(3);

   (((12))) (14) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;

   (((13))) (15) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

   (((14))) (16) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

   (((15))) (17) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the ((individual)) person being assisted as manifested by prior charged criminal conduct;

   (((16))) (18) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;

   (((17))) (19) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for ((an individual)) a person with developmental disabilities, which shall state:

   (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

   (b) The conditions and strategies necessary to achieve the purposes of habilitation;

   (c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

   (d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

   (e) The staff responsible for carrying out the plan;

   (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and

    (g) The type of residence immediately anticipated for the person and possible future types of residences;

    (((18))) (20) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

    (((19))) (21) "Likelihood of serious harm" means:

    (a) A substantial risk that: (i) Physical harm will be inflicted by ((an individual)) a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by ((an individual)) a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by ((an individual)) a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or

    (b) The ((individual)) person has threatened the physical safety of another and has a history of one or more violent acts;

    (((20))) (22) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on ((an individual's)) a person's cognitive or volitional functions;

    (((21))) (23) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

    (((22))) (24) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

    (((23))) (25) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital((, or sanitarium)), which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;

    (((24))) (26) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

    (((25))) (27) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;

    (((26))) (28) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;

    (((27))) (29) "Public agency" means any evaluation and treatment facility or institution, or hospital((, or sanitarium)) which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill((;[,])), if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;

    (((28))) (30) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;

    (31) "Release" means legal termination of the commitment under the provisions of this chapter;

    (((29))) (32) "Resource management services" has the meaning given in chapter 71.24 RCW;

   (((30))) (33) "Secretary" means the secretary of the department of social and health services, or his or her designee;

   (((31))) (34) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary;

   (((32))) (35) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others;

   (36) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

   Sec. 105. RCW 71.24.025 and 2001 c 323 s 8 are each amended to read as follows:

   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

   (1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:

   (a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;

   (b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or

   (c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.

   (2) "Available resources" means funds appropriated for the purpose of providing community mental health programs ((under RCW 71.24.045)), federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW 71.24.300(1)(e).

   (3) "Child" means a person under the age of eighteen years.

   (4) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:

   (a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or

   (b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or

   (c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.

   (5) "Community mental health program" means all mental health services, activities, or programs using available resources.

   (6) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from public sources.

   (7) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, recovery services, and other services determined by regional support networks.

    (8) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.

    (9) "Department" means the department of social and health services.

    (10) "Emerging best practice" or "promising practice" means a practice that presents, based on preliminary information, potential for becoming a research-based or consensus-based practice.

    (11) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.

    (12) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW or an entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department, that meets state minimum standards or ((individuals)) persons licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.

    (((11))) (13) "Mental health services" means all services provided by regional support networks and other services provided by the state for the mentally ill.

    (((12))) (14) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (((17))) (23), and (((18))) (24) of this section.

    (((13))) (15) "Recovery" means the process in which people are able to live, work, learn, and participate fully in their communities.

    (16) "Regional support network" means a county authority or group of county authorities or other entity recognized by the secretary ((that enter into joint operating agreements to contract with the secretary pursuant to this chapter)) in contract in a defined area.

    (((14))) (17) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.

    (18) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for acutely mentally ill persons, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service mentally ill persons in nursing homes, boarding homes, and adult family homes, and may include outpatient services provided as an element in a package of services in a supported housing model. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.

   (((15))) (19) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.

   (20) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.

   (21) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Acutely mentally ill adults and children; (b) chronically mentally ill adults; (c) severely emotionally disturbed children; or (d) seriously disturbed adults determined solely by a regional support network to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in services and their individual service plan to ((county-))designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.

   (((16))) (22) "Secretary" means the secretary of social and health services.

   (((17))) (23) "Seriously disturbed person" means a person who:

   (a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;

   (b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;

   (c) Has a mental disorder which causes major impairment in several areas of daily living;

   (d) Exhibits suicidal preoccupation or attempts; or

   (e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.

   (((18))) (24) "Severely emotionally disturbed child" means a child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:

   (a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;

    (b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;

    (c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;

    (d) Is at risk of escalating maladjustment due to:

    (i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;

    (ii) Changes in custodial adult;

    (iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;

    (iv) Subject to repeated physical abuse or neglect;

    (v) Drug or alcohol abuse; or

    (vi) Homelessness.

    (((19))) (25) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.

    (((20))) (26) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

    (27) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.

    Sec. 106. RCW 10.77.010 and 2004 c 157 s 2 are each amended to read as follows:

    As used in this chapter:

    (1) "Admission" means acceptance based on medical necessity, of a person as a patient.

    (2) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.

    (3) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.

    (4) (("County designated mental health professional" has the same meaning as provided in RCW 71.05.020.

    (5))) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.

    (((6))) (5) "Department" means the state department of social and health services.

    (6) "Designated mental health professional" has the same meaning as provided in RCW 71.05.020.

    (7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.

   (8) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.

   (9) "Developmental disability" means the condition as defined in RCW 71A.10.020(3).

   (10) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.

   (11) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.

   (12) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the ((individual)) person being assisted as manifested by prior charged criminal conduct.

   (13) "History of one or more violent acts" means violent acts committed during: (a) The ten-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.

   (14) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.

   (15) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.

   (16) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:

   (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

   (b) The conditions and strategies necessary to achieve the purposes of habilitation;

   (c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

   (d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

   (e) The staff responsible for carrying out the plan;

   (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual release, and a projected possible date for release; and

   (g) The type of residence immediately anticipated for the person and possible future types of residences.

   (17) "Professional person" means:

   (a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;

    (b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW; or

    (c) A social worker with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

    (18) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.

    (19) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.

    (((19))) (20) "Secretary" means the secretary of the department of social and health services or his or her designee.

    (((20))) (21) "Treatment" means any currently standardized medical or mental health procedure including medication.

    (((21))) (22) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

    (23) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110.

    Sec. 107. RCW 71.05.360 and 1997 c 112 s 30 are each amended to read as follows:

    (1)(a) Every person involuntarily detained or committed under the provisions of this chapter shall be entitled to all the rights set forth in this chapter, which shall be prominently posted in the facility, and shall retain all rights not denied him or her under this chapter except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license.

    (b) No person shall be presumed incompetent as a consequence of receiving an evaluation or voluntary or involuntary treatment for a mental disorder, under this chapter or any prior laws of this state dealing with mental illness. Competency shall not be determined or withdrawn except under the provisions of chapter 10.97 or 11.88 RCW.

    (c) Any person who leaves a public or private agency following evaluation or treatment for mental disorder shall be given a written statement setting forth the substance of this section.

    (2) Each person involuntarily detained or committed pursuant to this chapter shall have the right to adequate care and individualized treatment.

    (3) The provisions of this chapter shall not be construed to deny to any person treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination.

   (4) Persons receiving evaluation or treatment under this chapter shall be given a reasonable choice of an available physician or other professional person qualified to provide such services.

   (5) Whenever any person is detained for evaluation and treatment pursuant to this chapter, both the person and, if possible, a responsible member of his or her immediate family, personal representative, guardian, or conservator, if any, shall be advised as soon as possible in writing or orally, by the officer or person taking him or her into custody or by personnel of the evaluation and treatment facility where the person is detained that unless the person is released or voluntarily admits himself or herself for treatment within seventy-two hours of the initial detention:

   (a) A judicial hearing in a superior court, either by a judge or court commissioner thereof, shall be held not more than seventy-two hours after the initial detention to determine whether there is probable cause to detain the person after the seventy-two hours have expired for up to an additional fourteen days without further automatic hearing for the reason that the person is a person whose mental disorder presents a likelihood of serious harm or that the person is gravely disabled;

   (b) The person has a right to communicate immediately with an attorney; has a right to have an attorney appointed to represent him or her before and at the probable cause hearing if he or she is indigent; and has the right to be told the name and address of the attorney that the mental health professional has designated pursuant to this chapter;

   (c) The person has the right to remain silent and that any statement he or she makes may be used against him or her;

   (d) The person has the right to present evidence and to cross-examine witnesses who testify against him or her at the probable cause hearing; and

   (e) The person has the right to refuse psychiatric medications, including antipsychotic medication beginning twenty-four hours prior to the probable cause hearing.

   (6) When proceedings are initiated under RCW 71.05.150 (2), (3), or (4)(b), no later than twelve hours after such person is admitted to the evaluation and treatment facility the personnel of the evaluation and treatment facility or the designated mental health professional shall serve on such person a copy of the petition for initial detention and the name, business address, and phone number of the designated attorney and shall forthwith commence service of a copy of the petition for initial detention on the designated attorney.

   (7) The judicial hearing described in subsection (5) of this section is hereby authorized, and shall be held according to the provisions of subsection (5) of this section and rules promulgated by the supreme court.

   (8) At the probable cause hearing the detained person shall have the following rights in addition to the rights previously specified:

   (a) To present evidence on his or her behalf;

   (b) To cross-examine witnesses who testify against him or her;

   (c) To be proceeded against by the rules of evidence;

   (d) To remain silent;

   (e) To view and copy all petitions and reports in the court file.

   (9) The physician-patient privilege or the psychologist-client privilege shall be deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications. As to other proceedings under this chapter, the privileges shall be waived when a court of competent jurisdiction in its discretion determines that such waiver is necessary to protect either the detained person or the public.

   The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.

    The record maker shall not be required to testify in order to introduce medical or psychological records of the detained person so long as the requirements of RCW 5.45.020 are met except that portions of the record which contain opinions as to the detained person's mental state must be deleted from such records unless the person making such conclusions is available for cross-examination.

    (10) Insofar as danger to the person or others is not created, each person involuntarily detained, treated in a less restrictive alternative course of treatment, or committed for treatment and evaluation pursuant to this chapter shall have, in addition to other rights not specifically withheld by law, the following rights:

    (a) To wear his or her own clothes and to keep and use his or her own personal possessions, except when deprivation of same is essential to protect the safety of the resident or other persons;

    (b) To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;

    (c) To have access to individual storage space for his or her private use;

    (d) To have visitors at reasonable times;

    (e) To have reasonable access to a telephone, both to make and receive confidential calls, consistent with an effective treatment program;

    (f) To have ready access to letter writing materials, including stamps, and to send and receive uncensored correspondence through the mails;

    (g) To discuss treatment plans and decisions with professional persons;

    (h) Not to consent to the administration of antipsychotic medications and not to thereafter be administered antipsychotic medications unless ordered by a court under RCW 71.05.370 (as recodified by this act) or pursuant to an administrative hearing under RCW 71.05.215;

    (i) Not to consent to the performance of electroconvulsant therapy or surgery, except emergency life-saving surgery, unless ordered by a court under RCW 71.05.370 (as recodified by this act);

    (j) Not to have psychosurgery performed on him or her under any circumstances;

    (k) To dispose of property and sign contracts unless such person has been adjudicated an incompetent in a court proceeding directed to that particular issue.

    (11) Every person involuntarily detained shall immediately be informed of his or her right to a hearing to review the legality of his or her detention and of his or her right to counsel, by the professional person in charge of the facility providing evaluation and treatment, or his or her designee, and, when appropriate, by the court. If the person so elects, the court shall immediately appoint an attorney to assist him or her.

    (12) A person challenging his or her detention or his or her attorney, shall have the right to designate and have the court appoint a reasonably available independent physician or licensed mental health professional to examine the person detained, the results of which examination may be used in the proceeding. The person shall, if he or she is financially able, bear the cost of such expert information, otherwise such expert examination shall be at public expense.

    (13) Nothing contained in this chapter shall prohibit the patient from petitioning by writ of habeas corpus for release.

    (14) Nothing in this chapter shall prohibit a person committed on or prior to January 1, 1974, from exercising a right available to him or her at or prior to January 1, 1974, for obtaining release from confinement.

   (15) Nothing in this section permits any person to knowingly violate a no-contact order or a condition of an active judgment and sentence or an active condition of supervision by the department of corrections.

   NEW SECTION. Sec. 108. RCW 71.05.370 is recodified as a new section in chapter 71.05 RCW to be codified in proximity to RCW 71.05.215.

   Sec. 109. RCW 71.05.390 and 2004 c 166 s 6, 2004 c 157 s 5, and 2004 c 33 s 2 are each reenacted and amended to read as follows:

   Except as provided in this section, RCW 71.05.445, 71.05.630, 70.96A.150, or pursuant to a valid release under RCW 70.02.030, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.

   Information and records may be disclosed only:

   (1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the ((patient)) person, or his or her personal representative or guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person:

   (a) Employed by the facility;

   (b) Who has medical responsibility for the patient's care;

   (c) Who is a ((county)) designated mental health professional;

   (d) Who is providing services under chapter 71.24 RCW;

   (e) Who is employed by a state or local correctional facility where the person is confined or supervised; or

   (f) Who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.

   (2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing ((outpatient)) services to the operator of a ((care)) facility in which the patient resides or will reside.

   (3)(a) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.

   (b) A public or private agency shall release to a person's next of kin, attorney, personal representative, guardian, or conservator, if any:

   (i) The information that the person is presently a patient in the facility or that the person is seriously physically ill;

   (ii) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration of the patient's confinement, if such information is requested by the next of kin, attorney, personal representative, guardian, or conservator; and

   (iii) Such other information requested by the next of kin or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator.

   (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

   (5)(a) For either program evaluation or research, or both: PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:

    "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.

    I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.

    (b) Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary.

    (6)(a) To the courts as necessary to the administration of this chapter or to a court ordering an evaluation or treatment under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is inconsistent with any order entered under this chapter.

    (b) To a court or its designee in which a motion under chapter 10.77 RCW has been made for involuntary medication of a defendant for the purpose of competency restoration.

    (c) Disclosure under this subsection is mandatory for the purpose of the health insurance portability and accountability act.

    (7)(a) When a mental health professional is requested by a representative of a law enforcement or corrections agency, including a police officer, sheriff, community corrections officer, a municipal attorney, or prosecuting attorney to undertake an investigation under RCW 71.05.150, the mental health professional shall, if requested to do so, advise the representative in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated. Such written report shall be submitted within seventy-two hours of the completion of the investigation or the request from the law enforcement or corrections representative, whichever occurs later.

    (b) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody or supervision of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:

    (((a))) (i) Only the fact, place, and date of involuntary commitment, the fact and date of discharge or release, and the last known address shall be disclosed upon request;

    (((b))) (ii) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter;

    (((c))) (iii) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent, and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence;

   (((d))) (iv) Information and records shall be disclosed to the department of corrections pursuant to and in compliance with the provisions of RCW 71.05.445 for the purposes of completing presentence investigations or risk assessment reports, supervision of an incarcerated offender or offender under supervision in the community, planning for and provision of supervision of an offender, or assessment of an offender's risk to the community; and

   (((e))) (v) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act.

   (8) To the attorney of the detained person.

   (9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.

   (10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.

   (11) To appropriate corrections and law enforcement agencies all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence.

   (12) To the persons designated in RCW 71.05.425 for the purposes described in that section.

   (13) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.

   (14) ((To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.)) Upon the death of a person, his or her next of kin, personal representative, guardian, or conservator, if any, shall be notified.

   Next of kin who are of legal age and competent shall be notified under this section in the following order: Spouse, parents, children, brothers and sisters, and other relatives according to the degree of relation. Access to all records and information compiled, obtained, or maintained in the course of providing services to a deceased patient shall be governed by RCW 70.02.140.

    (15) To the department of health for the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.

    (16) To mark headstones or otherwise memorialize patients interred at state hospital cemeteries. The department of social and health services shall make available the name, date of birth, and date of death of patients buried in state hospital cemeteries fifty years after the death of a patient.

    (17) When a patient would otherwise be subject to the provisions of RCW 71.05.390 and disclosure is necessary for the protection of the patient or others due to his or her unauthorized disappearance from the facility, and his or her whereabouts is unknown, notice of such disappearance, along with relevant information, may be made to relatives, the department of corrections when the person is under the supervision of the department, and governmental law enforcement agencies designated by the physician in charge of the patient or the professional person in charge of the facility, or his or her professional designee.

    Except as otherwise provided in this chapter, the uniform health care information act, chapter 70.02 RCW, applies to all records and information compiled, obtained, or maintained in the course of providing services.

    (18) The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial ((or)), in a civil commitment proceeding pursuant to chapter 71.09 RCW, or, in the case of a minor, a guardianship or dependency proceeding. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.

    Sec. 110. RCW 71.05.420 and 1990 c 3 s 113 are each amended to read as follows:

    Except as provided in RCW 71.05.425, when any disclosure of information or records is made as authorized by RCW 71.05.390 ((through 71.05.410)), the physician in charge of the patient or the professional person in charge of the facility shall promptly cause to be entered into the patient's medical record the date and circumstances under which said disclosure was made, the names and relationships to the patient, if any, of the persons or agencies to whom such disclosure was made, and the information disclosed.

    Sec. 111. RCW 71.05.620 and 1989 c 205 s 12 are each amended to read as follows:

    (((1) Informed consent for disclosure of information from court or treatment records to an individual, agency, or organization must be in writing and must contain the following information:

    (a) The name of the individual, agency, or organization to which the disclosure is to be made;

    (b) The name of the individual whose treatment record is being disclosed;

   (c) The purpose or need for the disclosure;

   (d) The specific type of information to be disclosed;

   (e) The time period during which the consent is effective;

   (f) The date on which the consent is signed; and

   (g) The signature of the individual or person legally authorized to give consent for the individual.

   (2))) The files and records of court proceedings under this chapter and chapters ((71.05)) 70.96A, 71.34, and 70.-- (sections 202 through 216 of this act) RCW shall be closed but shall be accessible to any ((individual)) person who is the subject of a petition and to the ((individual's)) person's attorney, guardian ad litem, resource management services, or service providers authorized to receive such information by resource management services.

   Sec. 112. RCW 71.05.630 and 2000 c 75 s 5 are each amended to read as follows:

   (1) Except as otherwise provided by law, all treatment records shall remain confidential((. Treatment records)) and may be released only to the persons designated in this section, or to other persons designated in an informed written consent of the patient.

   (2) Treatment records of ((an individual)) a person may be released without informed written consent in the following circumstances:

   (a) To ((an individual)) a person, organization, or agency as necessary for management or financial audits, or program monitoring and evaluation. Information obtained under this subsection shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the ((individual)) person whose records are being released.

   (b) To the department, the director of regional support networks, or a qualified staff member designated by the director only when necessary to be used for billing or collection purposes. The information shall remain confidential.

   (c) For purposes of research as permitted in chapter 42.48 RCW.

   (d) Pursuant to lawful order of a court.

   (e) To qualified staff members of the department, to the director of regional support networks, to resource management services responsible for serving a patient, or to service providers designated by resource management services as necessary to determine the progress and adequacy of treatment and to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility. The information shall remain confidential.

   (f) Within the treatment facility where the patient is receiving treatment, confidential information may be disclosed to ((individuals)) persons employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties.

   (g) Within the department as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of ((individuals)) persons who are under the supervision of the department.

   (h) To a licensed physician who has determined that the life or health of the ((individual)) person is in danger and that treatment without the information contained in the treatment records could be injurious to the patient's health. Disclosure shall be limited to the portions of the records necessary to meet the medical emergency.

   (i) To a facility that is to receive ((an individual)) a person who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the ((individual)) person from one treatment facility to another. The release of records under this subsection shall be limited to the treatment records required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not include the patient's complete treatment record.

    (j) Notwithstanding the provisions of RCW 71.05.390(7), to a correctional facility or a corrections officer who is responsible for the supervision of ((an individual)) a person who is receiving inpatient or outpatient evaluation or treatment. Except as provided in RCW 71.05.445 and 71.34.225, release of records under this section is limited to:

    (i) An evaluation report provided pursuant to a written supervision plan.

    (ii) The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment provided as part of the supervision plan.

    (iii) When ((an individual)) a person is returned from a treatment facility to a correctional facility, the information provided under (j)(iv) of this subsection.

    (iv) Any information necessary to establish or implement changes in the ((individual's)) person's treatment plan or the level or kind of supervision as determined by resource management services. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only.

    (k) To the ((individual's)) person's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW.

    (l) To staff members of the protection and advocacy agency or to staff members of a private, nonprofit corporation for the purpose of protecting and advocating the rights of persons with mental ((illness)) disorders or developmental disabilities. Resource management services may limit the release of information to the name, birthdate, and county of residence of the patient, information regarding whether the patient was voluntarily admitted, or involuntarily committed, the date and place of admission, placement, or commitment, the name and address of a guardian of the patient, and the date and place of the guardian's appointment. Any staff member who wishes to obtain additional information shall notify the patient's resource management services in writing of the request and of the resource management services' right to object. The staff member shall send the notice by mail to the guardian's address. If the guardian does not object in writing within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian objects in writing within fifteen days after the notice is mailed, the staff member may not obtain the additional information.

    (3) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for ((alcoholism or drug)) chemical dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.

    Sec. 113. RCW 71.05.640 and 2000 c 94 s 11 are each amended to read as follows:

    (1) Procedures shall be established by resource management services to provide reasonable and timely access to individual treatment records. However, access may not be denied at any time to records of all medications and somatic treatments received by the ((individual)) person.

   (2) Following discharge, the ((individual)) person shall have a right to a complete record of all medications and somatic treatments prescribed during evaluation, admission, or commitment and to a copy of the discharge summary prepared at the time of his or her discharge. A reasonable and uniform charge for reproduction may be assessed.

   (3) Treatment records may be modified prior to inspection to protect the confidentiality of other patients or the names of any other persons referred to in the record who gave information on the condition that his or her identity remain confidential. Entire documents may not be withheld to protect such confidentiality.

   (4) At the time of discharge all ((individuals)) persons shall be informed by resource management services of their rights as provided in RCW ((71.05.610)) 71.05.390 and 71.05.620 through 71.05.690.

   Sec. 114. RCW 71.05.660 and 1989 c 205 s 16 are each amended to read as follows:

   Nothing in this chapter ((205, Laws of 1989)) or chapter 70.96A, 71.05, 71.34, or 70.-- (sections 202 through 216 of this act) RCW shall be construed to interfere with communications between physicians or psychologists and patients and attorneys and clients.

   NEW SECTION. Sec. 115. A new section is added to chapter 71.05 RCW to read as follows:

   A petition for commitment under this chapter may be joined with a petition for commitment under chapter 70.96A RCW.

PART II

PILOT PROGRAMS

   NEW SECTION. Sec. 201. Sections 202 through 216 of this act constitute a new chapter in Title 70 RCW.

   NEW SECTION. Sec. 202. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

   (1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital, an evaluation and treatment facility, or other inpatient facility, or a decision by a professional person in charge or his or her designee that a person should be detained as a patient for evaluation and treatment in a secure detoxification facility or other certified chemical dependency provider.

   (2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.

   (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department as meeting standards adopted under chapter 70.96A RCW.

   (4) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.

   (5) "Chemical dependency" means:

   (a) Alcoholism;

   (b) Drug addiction; or

   (c) Dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

   (6) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.

    (7) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.

    (8) "Conditional release" means a revocable modification of a commitment that may be revoked upon violation of any of its terms.

    (9) "Custody" means involuntary detention under either chapter 71.05 or 70.96A RCW or this chapter, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.

    (10) "Department" means the department of social and health services.

    (11) "Designated chemical dependency specialist" or "specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and this chapter, and qualified to do so by meeting standards adopted by the department.

    (12) "Designated crisis responder" means a person designated by the county or regional support network to perform the duties specified in this chapter.

    (13) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.

    (14) "Detention" or "detain" means the lawful confinement of a person under this chapter, or chapter 70.96A or 71.05 RCW.

    (15) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with individuals with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.

    (16) "Developmental disability" means that condition defined in RCW 71A.10.020.

    (17) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.

    (18) "Evaluation and treatment facility" means any facility that can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and that is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility that is part of, or operated by, the department or any federal agency does not require certification. No correctional institution or facility, or jail, may be an evaluation and treatment facility within the meaning of this chapter.

    (19) "Facility" means either an evaluation and treatment facility or a secure detoxification facility.

    (20) "Gravely disabled" means a condition in which a person, as a result of a mental disorder, or as a result of the use of alcohol or other psychoactive chemicals:

    (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or

    (b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

    (21) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.

   (22) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

   (23) "Judicial commitment" means a commitment by a court under this chapter.

   (24) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

   (25) "Likelihood of serious harm" means:

   (a) A substantial risk that:

   (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;

   (ii) Physical harm will be inflicted by a person upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

   (iii) Physical harm will be inflicted by a person upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or

   (b) The person has threatened the physical safety of another and has a history of one or more violent acts.

   (26) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on a person's cognitive or volitional functions.

   (27) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.

   (28) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

   (29) "Person in charge" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

   (30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, that constitutes an evaluation and treatment facility or private institution, or hospital, or approved treatment program, that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent.

   (31) "Professional person" means a mental health professional or chemical dependency professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter.

   (32) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.

   (33) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.

   (34) "Public agency" means any evaluation and treatment facility or institution, or hospital, or approved treatment program that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.

    (35) "Registration records" means all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.

    (36) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW or this chapter.

    (37) "Secretary" means the secretary of the department or the secretary's designee.

    (38) "Secure detoxification facility" means a facility operated by either a public or private agency or by the program of an agency that serves the purpose of providing evaluation and assessment, and acute and/or subacute detoxification services for intoxicated persons and includes security measures sufficient to protect the patients, staff, and community.

    (39) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

    (40) "Treatment records" means registration records and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

    (41) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

    NEW SECTION. Sec. 203. (1) The secretary, after consulting with the Washington state association of counties, shall select and contract with regional support networks or counties to provide two integrated crisis response and involuntary treatment pilot programs for adults and shall allocate resources for both integrated services and secure detoxification services in the pilot areas. In selecting the two regional support networks or counties, the secretary shall endeavor to site one in an urban and one in a rural regional support network or county; and to site them in counties other than those selected pursuant to section 220 of this act, to the extent necessary to facilitate evaluation of pilot project results.

    (2) The regional support networks or counties shall implement the pilot programs by providing integrated crisis response and involuntary treatment to persons with a chemical dependency, a mental disorder, or both, consistent with this chapter. The pilot programs shall:

    (a) Combine the crisis responder functions of a designated mental health professional under chapter 71.05 RCW and a designated chemical dependency specialist under chapter 70.96A RCW by establishing a new designated crisis responder who is authorized to conduct investigations and detain persons up to seventy-two hours to the proper facility;

    (b) Provide training to the crisis responders as required by the department;

    (c) Provide sufficient staff and resources to ensure availability of an adequate number of crisis responders twenty-four hours a day, seven days a week;

    (d) Provide the administrative and court-related staff, resources, and processes necessary to facilitate the legal requirements of the initial detention and the commitment hearings for persons with a chemical dependency;

   (e) Participate in the evaluation and report to assess the outcomes of the pilot programs including providing data and information as requested;

   (f) Provide the other services necessary to the implementation of the pilot programs, consistent with this chapter as determined by the secretary in contract; and

   (g) Collaborate with the department of corrections where persons detained or committed are also subject to supervision by the department of corrections.

   (3) The pilot programs established by this section shall begin providing services by March 1, 2006.

   NEW SECTION. Sec. 204. To qualify as a designated crisis responder, a person must have received chemical dependency training as determined by the department and be a:

   (1) Psychiatrist, psychologist, psychiatric nurse, or social worker;

   (2) Person with a master's degree or further advanced degree in counseling or one of the social sciences from an accredited college or university and who have, in addition, at least two years of experience in direct treatment of persons with mental illness or emotional disturbance, such experience gained under the direction of a mental health professional;

   (3) Person who meets the waiver criteria of RCW 71.24.260, which waiver was granted before 1986;

   (4) Person who had an approved waiver to perform the duties of a mental health professional that was requested by the regional support network and granted by the department before July 1, 2001; or

   (5) Person who has been granted a time-limited exception of the minimum requirements of a mental health professional by the department consistent with rules adopted by the secretary.

   NEW SECTION. Sec. 205. In addition to the provisions of this chapter, a designated crisis responder has all the powers and duties of a designated mental health professional as well as the powers and duties of a designated chemical dependency specialist under RCW 70.96A.120.

   NEW SECTION. Sec. 206. (1)(a) When a designated crisis responder receives information alleging that a person, as a result of a mental disorder, chemical dependency disorder, or both, presents a likelihood of serious harm or is gravely disabled, the designated crisis responder may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention. Before filing the petition, the designated crisis responder must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at either an evaluation and treatment facility, a detoxification facility, or other certified chemical dependency provider.

   (b)(i)(A) Whenever it appears, by petition for initial detention, to the satisfaction of a judge of the superior court that a person presents as a result of a mental disorder, a likelihood of serious harm, or is gravely disabled, and that the person has refused or failed to accept appropriate evaluation and treatment voluntarily, the judge may issue an order requiring the person to appear within twenty-four hours after service of the order at a designated evaluation and treatment facility for not more than a seventy-two hour evaluation and treatment period; or

    (B) Whenever it appears, by petition for initial detention, to the satisfaction of a judge of the superior court, district court, or other court permitted by court rule, that a person presents as a result of a chemical dependency, a likelihood of serious harm, or is gravely disabled, and that the person has refused or failed to accept appropriate evaluation and treatment voluntarily, the judge may issue an order requiring the person to appear within twenty-four hours after service of the order at a secure detoxification facility or other certified chemical dependency provider for not more than a seventy-two hour evaluation and treatment period.

    (ii) The order issued under this subsection (1)(b) shall state the address of the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider to which the person is to report; whether the required seventy-two hour evaluation and treatment services may be delivered on an outpatient or inpatient basis; and that if the person named in the order fails to appear at the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider at or before the date and time stated in the order, the person may be involuntarily taken into custody for evaluation and treatment. The order shall also designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.

    (c) The designated crisis responder shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order to appear, together with a notice of rights and a petition for initial detention. After service on the person, the designated crisis responder shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility or secure detoxification facility and the designated attorney. The designated crisis responder shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider. The person shall be permitted to remain in his or her home or other place of his or her choosing before the time of evaluation and shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other person accompanying the person may be present during the admission evaluation. The facility may exclude the person if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.

    (d) If the person ordered to appear does appear on or before the date and time specified, the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider may admit the person as required by subsection (3) of this section or may provide treatment on an outpatient basis. If the person ordered to appear fails to appear on or before the date and time specified, the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider shall immediately notify the designated crisis responder who may notify a peace officer to take the person or cause the person to be taken into custody and placed in an evaluation and treatment facility, a secure detoxification facility, or other certified chemical dependency provider. Should the designated crisis responder notify a peace officer authorizing the officer to take a person into custody under this subsection, the designated crisis responder shall file with the court a copy of the authorization and a notice of detention. At the time the person is taken into custody there shall commence to be served on the person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of detention, a notice of rights, and a petition for initial detention.

   (2) If a designated crisis responder receives information alleging that a person, as the result of:

   (a) A mental disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the designated crisis responder may take the person, or cause by oral or written order the person to be taken into emergency custody in an evaluation and treatment facility for not more than seventy-two hours as described in this chapter; or

   (b) Chemical dependency, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the designated crisis responder may take the person, or cause by oral or written order the person to be taken into emergency custody in a secure detoxification facility for not more than seventy-two hours as described in this chapter.

   (3) If the designated crisis responder petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the evaluation and treatment facility, the secure detoxification facility, or other certified chemical dependency provider providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. The evaluation and treatment facility, the secure detoxification facility, or other certified chemical dependency provider shall then evaluate the person's condition and admit, detain, transfer, or discharge such person in accordance with this chapter. The facility shall notify in writing the court and the designated crisis responder of the date and time of the initial detention of each person involuntarily detained so that a probable cause hearing will be held no later than seventy-two hours after detention.

   (4) A peace officer may, without prior notice of the proceedings provided for in subsection (1) of this section, take or cause the person to be taken into custody and immediately delivered to an evaluation and treatment facility, secure detoxification facility, other certified chemical dependency treatment provider only pursuant to subsections (1)(d) and (2) of this section.

   (5) Nothing in this chapter limits the power of a peace officer to take a person into custody and immediately deliver the person to the emergency department of a local hospital or to a detoxification facility.

   NEW SECTION. Sec. 207. (1) A person or public or private entity employing a person is not civilly or criminally liable for performing duties under this chapter if the duties were performed in good faith and without gross negligence.

   (2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel.

    NEW SECTION. Sec. 208. If the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider admits the person, it may detain the person for evaluation and treatment for a period not to exceed seventy-two hours from the time of acceptance. The computation of the seventy-two hour period excludes Saturdays, Sundays, and holidays.

    NEW SECTION. Sec. 209. Whenever any person is detained for evaluation and treatment for a mental disorder under section 206 of this act, chapter 71.05 RCW applies.

    NEW SECTION. Sec. 210. (1) A person detained for seventy-two hour evaluation and treatment under section 206 of this act or RCW 70.96A.120 may be detained for not more than fourteen additional days of involuntary chemical dependency treatment if there are beds available at the secure detoxification facility and the following conditions are met:

    (a) The professional person in charge of the agency or facility or the person's designee providing evaluation and treatment services in a secure detoxification facility has assessed the person's condition and finds that the condition is caused by chemical dependency and either results in a likelihood of serious harm or in the detained person being gravely disabled, and the professional person or his or her designee is prepared to testify those conditions are met;

    (b) The person has been advised of the need for voluntary treatment and the professional person in charge of the agency or facility or his or her designee has evidence that he or she has not in good faith volunteered for treatment; and

    (c) The professional person in charge of the agency or facility or the person's designee has filed a petition for fourteen-day involuntary detention with the superior court, district court, or other court permitted by court rule. The petition must be signed by the chemical dependency professional who has examined the person.

    (2) The petition under subsection (1)(c) of this section shall be accompanied by a certificate of a licensed physician who has examined the person, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the licensed physician's findings in support of the allegations of the petition. A physician employed by the petitioning program or the department is eligible to be the certifying physician.

    (3) The petition shall state facts that support the finding that the person, as a result of chemical dependency, presents a likelihood of serious harm or is gravely disabled, and that there are no less restrictive alternatives to detention in the best interest of the person or others. The petition shall state specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate.

    (4) A copy of the petition shall be served on the detained person, his or her attorney, and his or her guardian or conservator, if any, before the probable cause hearing.

    (5)(a) The court shall inform the person whose commitment is sought of his or her right to contest the petition, be represented by counsel at every stage of any proceedings relating to his or her commitment, and have counsel appointed by the court or provided by the court, if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes. The person shall, if he or she is financially able, bear the costs of such legal service; otherwise such legal service shall be at public expense. The person whose commitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall appoint a reasonably available licensed physician designated by the person.

   (b) At the conclusion of the probable cause hearing, if the court finds by a preponderance of the evidence that the person, as the result of chemical dependency, presents a likelihood of serious harm or is gravely disabled and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interest of such person or others, the court shall order that the person be detained for involuntary chemical dependency treatment not to exceed fourteen days in a secure detoxification facility.

   NEW SECTION. Sec. 211. If a person is detained for additional treatment beyond fourteen days under section 210 of this act, the professional staff of the agency or facility may petition for additional treatment under RCW 70.96A.140.

   NEW SECTION. Sec. 212. The prosecuting attorney of the county in which an action under this chapter is taken must represent the petitioner in judicial proceedings under this chapter for the involuntary chemical dependency treatment of a person, including any judicial proceeding where the person sought to be treated for chemical dependency challenges the action.

   NEW SECTION. Sec. 213. (1) Every person involuntarily detained or committed under this chapter as a result of a mental disorder is entitled to all the rights set forth in this chapter and in chapter 71.05 RCW, and retains all rights not denied him or her under this chapter or chapter 71.05 RCW.

   (2) Every person involuntarily detained or committed under this chapter as a result of a chemical dependency is entitled to all the rights set forth in this chapter and chapter 70.96A RCW, and retains all rights not denied him or her under this chapter or chapter 70.96A RCW.

   NEW SECTION. Sec. 214. (1) When a designated crisis responder is notified by a jail that a defendant or offender who was subject to a discharge review under RCW 71.05.232 is to be released to the community, the designated crisis responder shall evaluate the person within seventy-two hours of release.

   (2) When an offender is under court-ordered treatment in the community and the supervision of the department of corrections, and the treatment provider becomes aware that the person is in violation of the terms of the court order, the treatment provider shall notify the designated crisis responder of the violation and request an evaluation for purposes of revocation of the less restrictive alternative.

   (3) When a designated crisis responder becomes aware that an offender who is under court-ordered treatment in the community and the supervision of the department of corrections is in violation of a treatment order or a condition of supervision that relates to public safety, or the designated crisis responder detains a person under this chapter, the designated crisis responder shall notify the person's treatment provider and the department of corrections.

   (4) When an offender who is confined in a state correctional facility or is under supervision of the department of corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify the department of corrections and the department of corrections shall provide documentation of its risk assessment or other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or high needs offender.

    (5) Nothing in this section creates a duty on any treatment provider or designated crisis responder to provide offender supervision.

    NEW SECTION. Sec. 215. The secretary may adopt rules to implement this chapter.

    NEW SECTION. Sec. 216. The provisions of RCW 71.05.550 apply to this chapter.

    NEW SECTION. Sec. 217. (1) The Washington state institute for public policy shall evaluate the pilot programs and make a preliminary report to appropriate committees of the legislature by December 1, 2007, and a final report by September 30, 2008.

    (2) The evaluation of the pilot programs shall include:

    (a) Whether the designated crisis responder pilot program:

    (i) Has increased efficiency of evaluation and treatment of persons involuntarily detained for seventy-two hours;

    (ii) Is cost-effective;

    (iii) Results in better outcomes for persons involuntarily detained;

    (iv) Increased the effectiveness of the crisis response system in the pilot catchment areas;

    (b) The effectiveness of providing a single chapter in the Revised Code of Washington to address initial detention of persons with mental disorders or chemical dependency, in crisis response situations and the likelihood of effectiveness of providing a single, comprehensive involuntary treatment act.

    (3) The reports shall consider the impact of the pilot programs on the existing mental health system and on the persons served by the system.

    Sec. 218. RCW 71.05.550 and 1973 1st ex.s. c 142 s 60 are each amended to read as follows:

    The department of social and health services, in planning and providing funding to counties pursuant to chapter 71.24 RCW, shall recognize the financial necessities imposed upon counties by implementation of this chapter and chapter 70.-- RCW (sections 202 through 216 of this act), and shall consider needs, if any, for additional community mental health services and facilities and reduction in commitments to state hospitals for the mentally ill accomplished by individual counties, in planning and providing such funding. The state shall provide financial assistance to the counties to enable the counties to meet all increased costs, if any, to the counties resulting from their administration of the provisions of chapter 142, Laws of 1973 1st ex. sess.

    NEW SECTION. Sec. 219. Sections 202 through 216 of this act expire July 1, 2008.

    NEW SECTION. Sec. 220. A new section is added to chapter 70.96A RCW to read as follows:

    (1) The secretary shall select and contract with counties to provide intensive case management for chemically dependent persons with histories of high utilization of crisis services at two sites. In selecting the two sites, the secretary shall endeavor to site one in an urban county, and one in a rural county; and to site them in counties other than those selected pursuant to section 203 of this act, to the extent necessary to facilitate evaluation of pilot project results.

    (2) The contracted sites shall implement the pilot programs by providing intensive case management to persons with a primary chemical dependency diagnosis or dual primary chemical dependency and mental health diagnoses, through the employment of chemical dependency case managers. The chemical dependency case managers shall:

   (a) Be trained in and use the integrated, comprehensive screening and assessment process adopted under section 601 of this act;

   (b) Reduce the use of crisis medical, chemical dependency and mental health services, including but not limited to, emergency room admissions, hospitalizations, detoxification programs, inpatient psychiatric admissions, involuntary treatment petitions, emergency medical services, and ambulance services;

   (c) Reduce the use of emergency first responder services including police, fire, emergency medical, and ambulance services;

   (d) Reduce the number of criminal justice interventions including arrests, violations of conditions of supervision, bookings, jail days, prison sanction day for violations, court appearances, and prosecutor and defense costs;

   (e) Where appropriate and available, work with therapeutic courts including drug courts and mental health courts to maximize the outcomes for the individual and reduce the likelihood of reoffense;

   (f) Coordinate with local offices of the economic services administration to assist the person in accessing and remaining enrolled in those programs to which the person may be entitled;

   (g) Where appropriate and available, coordinate with primary care and other programs operated through the federal government including federally qualified health centers, Indian health programs, and veterans' health programs for which the person is eligible to reduce duplication of services and conflicts in case approach;

   (h) Where appropriate, advocate for the client's needs to assist the person in achieving and maintaining stability and progress toward recovery;

   (i) Document the numbers of persons with co-occurring mental and substance abuse disorders and the point of determination of the co-occurring disorder by quadrant of intensity of need; and

   (j) Where a program participant is under supervision by the department of corrections, collaborate with the department of corrections to maximize treatment outcomes and reduce the likelihood of reoffense.

   (3) The pilot programs established by this section shall begin providing services by March 1, 2006.

   (4) This section expires June 30, 2008.

PART III

TREATMENT GAP

   NEW SECTION. Sec. 301. A new section is added to chapter 70.96A RCW to read as follows:

   (1) The division of alcohol and substance abuse shall increase its capacity to serve adults who meet chemical dependency treatment criteria and who are enrolled in medicaid as follows:

   (a) In fiscal year 2006, the division of alcohol and substance abuse shall serve forty percent of the calculated need; and

   (b) In fiscal year 2007, the division of alcohol and substance abuse shall serve sixty percent of the calculated need.

   (2) The division of alcohol and substance abuse shall increase its capacity to serve minors who have passed their twelfth birthday and who are not yet eighteen, who are under two hundred percent of the federal poverty level as follows:

   (a) In fiscal year 2006, the division of alcohol and substance abuse shall serve forty percent of the calculated need; and

   (b) In fiscal year 2007, the division of alcohol and substance abuse shall serve sixty percent of the calculated need.

    (3) For purposes of this section, "calculated need" means the percentage of the population under two hundred percent of the federal poverty level in need of chemical dependency services as determined in the 2003 Washington state needs assessment study.

    NEW SECTION. Sec. 302. A new section is added to chapter 70.96A RCW to read as follows:

    (1) Not later than January 1, 2007, all persons providing treatment under this chapter shall also implement the integrated comprehensive screening and assessment process for chemical dependency and mental disorders adopted pursuant to section 601 of this act and shall document the numbers of clients with co-occurring mental and substance abuse disorders based on a quadrant system of low and high needs.

    (2) Treatment providers contracted to provide treatment under this chapter who fail to implement the integrated comprehensive screening and assessment process for chemical dependency and mental disorders by July 1, 2007, are subject to contractual penalties established under section 601 of this act.

    NEW SECTION. Sec. 303. A new section is added to chapter 13.34 RCW to read as follows:

    The department of social and health services and the department of health shall develop and expand comprehensive services for drug-affected and alcohol-affected mothers and infants. Subject to funds appropriated for this purpose, the expansion shall be in evidence-based, research-based, or consensus-based practices, as those terms are defined in section 603 of this act, and shall expand capacity in underserved regions of the state.

    NEW SECTION. Sec. 304. A new section is added to chapter 70.96A RCW to read as follows:

    A petition for commitment under this chapter may be joined with a petition for commitment under chapter 71.05 RCW.

    NEW SECTION. Sec. 305. A new section is added to chapter 70.96A RCW to read as follows:

    (1) The department of social and health services shall contract for chemical dependency specialist services at each division of children and family services office to enhance the timeliness and quality of child protective services assessments and to better connect families to needed treatment services.

    (2) The chemical dependency specialist's duties may include, but are not limited to: Conducting on-site chemical dependency screening and assessment, facilitating progress reports to department social workers, in-service training of department social workers and staff on substance abuse issues, referring clients from the department to treatment providers, and providing consultation on cases to department social workers.

    (3) The department of social and health services shall provide training in and ensure that each case-carrying social worker is trained in uniform screening for mental health and chemical dependency.

PART IV

RESOURCES

    NEW SECTION. Sec. 401. Sections 402 through 425 of this act constitute a new chapter in Title 70 RCW.

    NEW SECTION. Sec. 402. The legislature finds that there are persons with mental disorders, including organic or traumatic brain disorders, and combinations of mental disorders with other medical conditions or behavior histories that result in behavioral and security issues that make these persons ineligible for, or unsuccessful in, existing types of licensed facilities, including adult residential rehabilitation centers, boarding homes, adult family homes, group homes, and skilled nursing facilities. The legislature also finds that many of these persons have been treated on repeated occasions in inappropriate acute care facilities and released without an appropriate placement or have been treated or detained for extended periods in inappropriate settings including state hospitals and correctional facilities. The legislature further finds that some of these persons present complex safety and treatment issues that require security measures that cannot be instituted under most facility licenses or supported housing programs. These include the ability to detain persons under involuntary treatment orders or administer court ordered medications.

   Consequently, the legislature intends, to the extent of available funds, to establish a new type of facility licensed by the department of social and health services as an enhanced services facility with standards that will provide a safe, secure treatment environment for a limited population of persons who are not appropriately served in other facilities or programs. The legislature also finds that enhanced services facilities may need to specialize in order to effectively care for a particular segment of the identified population.

   An enhanced services facility may only serve individuals that meet the criteria specified in section 405 of this act.

   NEW SECTION. Sec. 403. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

   (1) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.

   (2) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.

   (3) "Chemical dependency" means alcoholism, drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires and as those terms are defined in chapter 70.96A RCW.

   (4) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.

   (5) "Commitment" means the determination by a court that an individual should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.

   (6) "Conditional release" means a modification of a commitment that may be revoked upon violation of any of its terms.

   (7) "Custody" means involuntary detention under chapter 71.05 or 70.96A RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.

   (8) "Department" means the department of social and health services.

   (9) "Designated responder" means a designated mental health professional, a designated chemical dependency specialist, or a designated crisis responder as those terms are defined in chapter 70.96A, 71.05, or 70.-- (sections 202 through 216 of this act) RCW.

   (10) "Detention" or "detain" means the lawful confinement of an individual under chapter 70.96A or 71.05 RCW.

   (11) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.

   (12) "Enhanced services facility" means a facility that provides treatment and services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the department to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues.

    (13) "Expanded community services program" means a nonsecure program of enhanced behavioral and residential support provided to long-term and residential care providers serving specifically eligible clients who would otherwise be at risk for hospitalization at state hospital geriatric units.

    (14) "Facility" means an enhanced services facility.

    (15) "Gravely disabled" means a condition in which an individual, as a result of a mental disorder, as a result of the use of alcohol or other psychoactive chemicals, or both:

    (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or

    (b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

    (16) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.

    (17) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

    (18) "Likelihood of serious harm" means:

    (a) A substantial risk that:

    (i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;

    (ii) Physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

    (iii) Physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or

    (b) The individual has threatened the physical safety of another and has a history of one or more violent acts.

    (19) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.

    (20) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.

    (21) "Professional person" means a mental health professional and also means a physician, registered nurse, and such others as may be defined in rules adopted by the secretary pursuant to the provisions of this chapter.

    (22) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.

    (23) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.

    (24) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify individuals who are receiving or who at any time have received services for mental illness.

   (25) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW.

   (26) "Resident" means a person admitted to an enhanced services facility.

   (27) "Secretary" means the secretary of the department or the secretary's designee.

   (28) "Significant change" means:

   (a) A deterioration in a resident's physical, mental, or psychosocial condition that has caused or is likely to cause clinical complications or life-threatening conditions; or

   (b) An improvement in the resident's physical, mental, or psychosocial condition that may make the resident eligible for release or for treatment in a less intensive or less secure setting.

   (29) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

   (30) "Treatment" means the broad range of emergency, detoxification, residential, inpatient, and outpatient services and care, including diagnostic evaluation, mental health or chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, which may be extended to persons with mental disorders, chemical dependency disorders, or both, and their families.

   (31) "Treatment records" include registration and all other records concerning individuals who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. "Treatment records" do not include notes or records maintained for personal use by an individual providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

   (32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

   NEW SECTION. Sec. 404. A facility shall honor an advance directive that was validly executed pursuant to chapter 70.122 RCW and a mental health advance directive that was validly executed pursuant to chapter 71.32 RCW.

   NEW SECTION. Sec. 405. A person, eighteen years old or older, may be admitted to an enhanced services facility if he or she meets the criteria in subsections (1) through (3) of this section:

   (1) The person requires: (a) Daily care by or under the supervision of a mental health professional, chemical dependency professional, or nurse; or (b) assistance with three or more activities of daily living; and

   (2) The person has: (a) A mental disorder, chemical dependency disorder, or both; (b) an organic or traumatic brain injury; or (c) a cognitive impairment that results in symptoms or behaviors requiring supervision and facility services;

   (3) The person has two or more of the following:

   (a) Self-endangering behaviors that are frequent or difficult to manage;

   (b) Aggressive, threatening, or assaultive behaviors that create a risk to the health or safety of other residents or staff, or a significant risk to property and these behaviors are frequent or difficult to manage;

   (c) Intrusive behaviors that put residents or staff at risk;

    (d) Complex medication needs and those needs include psychotropic medications;

    (e) A history of or likelihood of unsuccessful placements in either a licensed facility or other state facility or a history of rejected applications for admission to other licensed facilities based on the person's behaviors, history, or security needs;

    (f) A history of frequent or protracted mental health hospitalizations;

    (g) A history of offenses against a person or felony offenses that created substantial damage to property.

    NEW SECTION. Sec. 406. (1)(a) Every person who is a resident of an enhanced services facility shall be entitled to all the rights set forth in this chapter, and chapters 71.05 and 70.96A RCW, and shall retain all rights not denied him or her under these chapters.

    (b) No person shall be presumed incompetent as a consequence of receiving an evaluation or voluntary or involuntary treatment for a mental disorder, chemical dependency disorder, or both, under this chapter, or chapter 71.05 or 70.96A RCW, or any prior laws of this state dealing with mental illness. Competency shall not be determined or withdrawn except under the provisions of chapter 10.77 or 11.88 RCW.

    (c) At the time of his or her treatment planning meeting, every resident of an enhanced services facility shall be given a written statement setting forth the substance of this section. The department shall by rule develop a statement and process for informing residents of their rights in a manner that is likely to be understood by the resident.

    (2) Every resident of an enhanced services facility shall have the right to adequate care and individualized treatment.

    (3) The provisions of this chapter shall not be construed to deny to any person treatment by spiritual means through prayer in accordance with the tenets and practices of a church or religious denomination.

    (4) Persons receiving evaluation or treatment under this chapter shall be given a reasonable choice of an available physician or other professional person qualified to provide such services.

    (5) The physician-patient privilege or the psychologist-client privilege shall be deemed waived in proceedings under this chapter relating to the administration of antipsychotic medications. As to other proceedings under chapter 10.77, 70.96A, or 71.05 RCW, the privileges shall be waived when a court of competent jurisdiction in its discretion determines that such waiver is necessary to protect either the detained person or the public.

    (6) Insofar as danger to the person or others is not created, each resident of an enhanced services facility shall have, in addition to other rights not specifically withheld by law, the following rights, a list of which shall be prominently posted in all facilities, institutions, and hospitals providing such services:

    (a) To wear his or her own clothes and to keep and use his or her own personal possessions, except when deprivation of same is essential to protect the safety of the resident or other persons;

    (b) To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;

    (c) To have access to individual storage space for his or her private use;

    (d) To have visitors at reasonable times;

    (e) To have reasonable access to a telephone, both to make and receive confidential calls, consistent with an effective treatment program;

   (f) To have ready access to letter writing materials, including stamps, and to send and receive uncensored correspondence through the mails;

   (g) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.05.215 or 71.05.370 (as recodified by this act), or the performance of electroconvulsant therapy, or surgery, except emergency life-saving surgery, unless ordered by a court under RCW 71.05.370 (as recodified by this act);

   (h) To discuss and actively participate in treatment plans and decisions with professional persons;

   (i) Not to have psychosurgery performed on him or her under any circumstances;

   (j) To dispose of property and sign contracts unless such person has been adjudicated an incompetent in a court proceeding directed to that particular issue; and

   (k) To complain about rights violations or conditions and request the assistance of a mental health ombudsman or representative of Washington protection and advocacy. The facility may not prohibit or interfere with a resident's decision to consult with an advocate of his or her choice.

   (7) Nothing contained in this chapter shall prohibit a resident from petitioning by writ of habeas corpus for release.

   (8) Nothing in this section permits any person to knowingly violate a no-contact order or a condition of an active judgment and sentence or active supervision by the department of corrections.

   (9) A person has a right to refuse placement, except where subject to commitment, in an enhanced services facility. No person shall be denied other department services solely on the grounds that he or she has made such a refusal.

   (10) A person has a right to appeal the decision of the department that he or she is eligible for placement at an enhanced services facility, and shall be given notice of the right to appeal in a format that is accessible to the person with instructions regarding what to do if the person wants to appeal.

   NEW SECTION. Sec. 407. A person who is gravely disabled or presents a likelihood of serious harm as a result of a mental or chemical dependency disorder or co-occurring mental and chemical dependency disorders has a right to refuse antipsychotic medication. Antipsychotic medication may be administered over the person's objections only pursuant to RCW 71.05.215 or 71.05.370 (as recodified by this act).

   NEW SECTION. Sec. 408. (1)(a) The department shall not license an enhanced services facility that serves any residents under sixty-five years of age for a capacity to exceed sixteen residents.

   (b) The department may contract for services for the operation of enhanced services facilities only to the extent that funds are specifically provided for that purpose.

   (2) The facility shall provide an appropriate level of security for the characteristics, behaviors, and legal status of the residents.

   (3) An enhanced services facility may hold only one license but, to the extent permitted under state and federal law and medicaid requirements, a facility may be located in the same building as another licensed facility, provided that:

   (a) The enhanced services facility is in a location that is totally separate and discrete from the other licensed facility; and

   (b) The two facilities maintain separate staffing, unless an exception to this is permitted by the department in rule.

   (4) Nursing homes under chapter 18.51 RCW, boarding homes under chapter 18.20 RCW, or adult family homes under chapter 70.128 RCW, that become licensed as facilities under this chapter shall be deemed to meet the applicable state and local rules, regulations, permits, and code requirements. All other facilities are required to meet all applicable state and local rules, regulations, permits, and code requirements.

    NEW SECTION. Sec. 409. (1) The enhanced services facility shall complete a comprehensive assessment for each resident within fourteen days of admission, and the assessments shall be repeated upon a significant change in the resident's condition or, at a minimum, every one hundred eighty days if there is no significant change in condition.

    (2) The enhanced services facility shall develop an individualized treatment plan for each resident based on the comprehensive assessment and any other information in the person's record. The plan shall be updated as necessary, and shall include a plan for appropriate transfer or discharge and reintegration into the community. Where the person is under the supervision of the department of corrections, the facility shall collaborate with the department of corrections to maximize treatment outcomes and reduce the likelihood of reoffense.

    (3) The plan shall maximize the opportunities for independence, recovery, employment, the resident's participation in treatment decisions, and collaboration with peer-supported services, and provide for care and treatment in the least restrictive manner appropriate to the individual resident, and, where relevant, to any court orders with which the resident must comply.

    NEW SECTION. Sec. 410. (1) An enhanced services facility must have sufficient numbers of staff with the appropriate credentials and training to provide residents with the appropriate care and treatment:

    (a) Mental health treatment;

    (b) Medication services;

    (c) Assistance with the activities of daily living;

    (d) Medical or habilitative treatment;

    (e) Dietary services;

    (f) Security; and

    (g) Chemical dependency treatment.

    (2) Where an enhanced services facility specializes in medically fragile persons with mental disorders, the on-site staff must include at least one licensed nurse twenty-four hours per day. The nurse must be a registered nurse for at least sixteen hours per day. If the nurse is not a registered nurse, a registered nurse or a doctor must be on-call during the remaining eight hours.

    (3) Any employee or other individual who will have unsupervised access to vulnerable adults must successfully pass a background inquiry check.

    NEW SECTION. Sec. 411. This chapter does not apply to the following residential facilities:

    (1) Nursing homes licensed under chapter 18.51 RCW;

    (2) Boarding homes licensed under chapter 18.20 RCW;

    (3) Adult family homes licensed under chapter 70.128 RCW;

    (4) Facilities approved and certified under chapter 71A.22 RCW;

    (5) Residential treatment facilities licensed under chapter 71.12 RCW; and

    (6) Hospitals licensed under chapter 70.41 RCW.

    NEW SECTION. Sec. 412. (1) The department shall establish licensing rules for enhanced services facilities to serve the populations defined in this chapter.

    (2) No person or public or private agency may operate or maintain an enhanced services facility without a license, which must be renewed annually.

    (3) A licensee shall have the following readily accessible and available for review by the department, residents, families of residents, and the public:

   (a) Its license to operate and a copy of the department's most recent inspection report and any recent complaint investigation reports issued by the department;

   (b) Its written policies and procedures for all treatment, care, and services provided directly or indirectly by the facility; and

   (c) The department's toll-free complaint number, which shall also be posted in a clearly visible place and manner.

   (4) Enhanced services facilities shall maintain a grievance procedure that meets the requirements of rules established by the department.

   (5) No facility shall discriminate or retaliate in any manner against a resident or employee because the resident, employee, or any other person made a complaint or provided information to the department, the long-term care ombudsman, Washington protection and advocacy system, or a mental health ombudsperson.

   (6) Each enhanced services facility will post in a prominent place in a common area a notice by the Washington protection and advocacy system providing contact information.

   NEW SECTION. Sec. 413. (1) In any case in which the department finds that a licensee of a facility, or any partner, officer, director, owner of five percent or more of the assets of the facility, or managing employee failed or refused to comply with the requirements of this chapter or the rules established under them, the department may take any or all of the following actions:

   (a) Suspend, revoke, or refuse to issue or renew a license;

   (b) Order stop placement; or

   (c) Assess civil monetary penalties.

   (2) The department may suspend, revoke, or refuse to renew a license, assess civil monetary penalties, or both, in any case in which it finds that the licensee of a facility, or any partner, officer, director, owner of five percent or more of the assets of the facility, or managing employee:

   (a) Operated a facility without a license or under a revoked or suspended license;

   (b) Knowingly or with reason to know made a false statement of a material fact in the license application or any data attached thereto, or in any matter under investigation by the department;

   (c) Refused to allow representatives or agents of the department to inspect all books, records, and files required to be maintained or any portion of the premises of the facility;

   (d) Willfully prevented, interfered with, or attempted to impede in any way the work of any duly authorized representative of the department and the lawful enforcement of any provision of this chapter;

   (e) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of any of the provisions of this chapter or of the rules adopted under it; or

   (f) Failed to pay any civil monetary penalty assessed by the

department under this chapter within ten days after the assessment becomes final.

   (3)(a) Civil penalties collected under this chapter shall be deposited into a special fund administered by the department.

   (b) Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day the facility is or was out of compliance. Civil monetary penalties shall not exceed three thousand dollars per day. Each day upon which the same or a substantially similar action occurs is a separate violation subject to the assessment of a separate penalty.

   (4) The department may use the civil penalty monetary fund for the protection of the health or property of residents of facilities found to be deficient including:

    (a) Payment for the cost of relocation of residents to other facilities;

    (b) Payment to maintain operation of a facility pending correction of deficiencies or closure; and

    (c) Reimbursement of a resident for personal funds or property loss.

    (5)(a) The department may issue a stop placement order on a facility, effective upon oral or written notice, when the department determines:

    (i) The facility no longer substantially meets the requirements of this chapter; and

    (ii) The deficiency or deficiencies in the facility:

    (A) Jeopardizes the health and safety of the residents; or

    (B) Seriously limits the facility's capacity to provide adequate care.

    (b) When the department has ordered a stop placement, the

department may approve a readmission to the facility from a hospital, residential treatment facility, or crisis intervention facility when the department determines the readmission would be in the best interest of the individual seeking readmission.

    (6) If the department determines that an emergency exists and resident health and safety is immediately jeopardized as a result of a facility's failure or refusal to comply with this chapter, the department may summarily suspend the facility's license and order the immediate closure of the facility, or the immediate transfer of residents, or both.

    (7) If the department determines that the health or safety of the residents is immediately jeopardized as a result of a facility's failure or refusal to comply with requirements of this chapter, the department may appoint temporary management to:

    (a) Oversee the operation of the facility; and

    (b) Ensure the health and safety of the facility's residents while:

    (i) Orderly closure of the facility occurs; or

    (ii) The deficiencies necessitating temporary management are corrected.

    NEW SECTION. Sec. 414. (1) All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested.

    (2) All orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or summary license suspension shall be effective immediately upon notice, pending any hearing.

    (3) Subject to the requirements of subsection (2) of this section, all hearings under this chapter and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter 34.05 RCW.

    NEW SECTION. Sec. 415. Operation of a facility without a license in violation of this chapter and discrimination against medicaid recipients is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an enhanced services facility without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

    NEW SECTION. Sec. 416. A person operating or maintaining a facility without a license under this chapter is guilty of a misdemeanor and each day of a continuing violation after conviction shall be considered a separate offense.

   NEW SECTION. Sec. 417. Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for an injunction, civil penalty, or other process against a person to restrain or prevent the operation or maintenance of a facility without a license issued under this chapter.

   NEW SECTION. Sec. 418. (1) The department shall make or cause to be made at least one inspection of each facility prior to licensure and an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen months.

   (2) Any duly authorized officer, employee, or agent of the department may enter and inspect any facility at any time to determine that the facility is in compliance with this chapter and applicable rules, and to enforce any provision of this chapter. Complaint inspections shall be unannounced and conducted in such a manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection unless authorized or required by federal law.

   (3) During inspections, the facility must give the department access to areas, materials, and equipment used to provide care or support to residents, including resident and staff records, accounts, and the physical premises, including the buildings, grounds, and equipment. The department has the authority to privately interview the provider, staff, residents, and other individuals familiar with resident care and treatment.

   (4) Any public employee giving advance notice of an inspection in violation of this section shall be suspended from all duties without pay for a period of not less than five nor more than fifteen days.

   (5) The department shall prepare a written report describing the violations found during an inspection, and shall provide a copy of the inspection report to the facility.

   (6) The facility shall develop a written plan of correction for any violations identified by the department and provide a plan of correction to the department within ten working days from the receipt of the inspection report.

   NEW SECTION. Sec. 419. The facility shall only admit individuals:

   (1) Who are over the age of eighteen;

   (2) Who meet the resident eligibility requirements described in section 405 of this act; and

   (3) Whose needs the facility can safely and appropriately meet through qualified and trained staff, services, equipment, security, and building design.

   NEW SECTION. Sec. 420. If the facility does not employ a qualified professional able to furnish needed services, the facility must have a written contract with a qualified professional or agency outside the facility to furnish the needed services.

   NEW SECTION. Sec. 421. At least sixty days before the effective date of any change of ownership, or change of management of a facility, the current operating entity must provide written notification about the proposed change separately and in writing, to the department, each resident of the facility, or the resident's guardian or representative.

   NEW SECTION. Sec. 422. The facility shall:

   (1) Maintain adequate resident records to enable the provision of necessary treatment, care, and services and to respond appropriately in emergency situations;

   (2) Comply with all state and federal requirements related to documentation, confidentiality, and information sharing, including chapters 10.77, 70.02, 70.24, 70.96A, and 71.05 RCW; and

    (3) Where possible, obtain signed releases of information designating the department, the facility, and the department of corrections where the person is under its supervision, as recipients of health care information.

    NEW SECTION. Sec. 423. (1) Standards for fire protection and the enforcement thereof, with respect to all facilities licensed under this chapter, are the responsibility of the chief of the Washington state patrol, through the director of fire protection, who must adopt recognized standards as applicable to facilities for the protection of life against the cause and spread of fire and fire hazards. If the facility to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, the director of fire protection must submit to the department a written report approving the facility with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall conduct an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen months.

    (2) Inspections of facilities by local authorities must be consistent with the requirements adopted by the chief of the Washington state patrol, through the director of fire protection. Findings of a serious nature must be coordinated with the department and the chief of the Washington state patrol, through the director of fire protection, for determination of appropriate actions to ensure a safe environment for residents. The chief of the Washington state patrol, through the director of fire protection, has exclusive authority to determine appropriate corrective action under this section.

    NEW SECTION. Sec. 424. No facility providing care and treatment for individuals placed in a facility, or agency licensing or placing residents in a facility, acting in the course of its duties, shall be civilly or criminally liable for performing its duties under this chapter, provided that such duties were performed in good faith and without gross negligence.

    NEW SECTION. Sec. 425. (1) The secretary shall adopt rules to implement this chapter.

    (2) Such rules shall at the minimum: (a) Promote safe treatment and necessary care of individuals residing in the facility and provide for safe and clean conditions; (b) establish licensee qualifications, licensing and enforcement, and license fees sufficient to cover the cost of licensing and enforcement.

PART V

FORENSIC AND CORRECTIONA

Drug and Mental Health Courts

    NEW SECTION. Sec. 501. A new section is added to chapter 2.28 RCW to read as follows:

    (1) Counties may establish and operate mental health courts.

    (2) For the purposes of this section, "mental health court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism and symptoms of mental illness among nonviolent, mentally ill felony and nonfelony offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment including drug treatment for persons with co-occurring disorders; mandatory periodic reviews, including drug testing if indicated; and the use of appropriate sanctions and other rehabilitation services.

    (3)(a) Any jurisdiction that seeks a state appropriation to fund a mental health court program must first:

   (i) Exhaust all federal funding that is available to support the operations of its mental health court and associated services; and

   (ii) Match, on a dollar-for-dollar basis, state moneys allocated for mental health court programs with local cash or in-kind resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for mental health court operations and associated services.

   (b) Any county that establishes a mental health court pursuant to this section shall establish minimum requirements for the participation of offenders in the program. The mental health court may adopt local requirements that are more stringent than the minimum. The minimum requirements are:

   (i) The offender would benefit from psychiatric treatment;

   (ii) The offender has not previously been convicted of a serious violent offense or sex offense as defined in RCW 9.94A.030; and

   (iii) Without regard to whether proof of any of these elements is required to convict, the offender is not currently charged with or convicted of an offense:

   (A) That is a sex offense;

   (B) That is a serious violent offense;

   (C) During which the defendant used a firearm; or

   (D) During which the defendant caused substantial or great bodily harm or death to another person.

   NEW SECTION. Sec. 502. A new section is added to chapter 2.28 RCW to read as follows:

   Any county that has established a drug court and a mental health court under this chapter may combine the functions of both courts into a single therapeutic court.

   NEW SECTION. Sec. 503. A new section is added to chapter 26.12 RCW to read as follows:

   (1) Every county that authorizes the tax provided in section 804 of this act shall, and every county may, establish and operate a therapeutic court component for dependency proceedings designed to be effective for the court's size, location, and resources. A county with a drug court for criminal cases or with a mental health court may include a therapeutic court for dependency proceedings as a component of its existing program.

   (2) For the purposes of this section, "therapeutic court" means a court that has special calendars or dockets designed for the intense judicial supervision, coordination, and oversight of treatment provided to parents and families who have substance abuse or mental health problems and who are involved in the dependency and is designed to achieve a reduction in:

   (a) Child abuse and neglect;

   (b) Out-of-home placement of children;

   (c) Termination of parental rights; and

   (d) Substance abuse or mental health symptoms among parents or guardians and their children.

   (3) To the extent possible, the therapeutic court shall provide services for parents and families co-located with the court or as near to the court as practicable.

   (4) The department of social and health services shall furnish services to the therapeutic court unless a court contracts with providers outside of the department.

   (5) Any jurisdiction that receives a state appropriation to fund a therapeutic court must first exhaust all federal funding available for the development and operation of the therapeutic court and associated services.

   (6) Moneys allocated by the state for a therapeutic court must be used to supplement, not supplant, other federal, state, local, and private funding for court operations and associated services under this section.

    (7) Any county that establishes a therapeutic court or receives funds for an existing court under this section shall:

    (a) Establish minimum requirements for the participation in the program; and

    (b) Develop an evaluation component of the court, including tracking the success rates in graduating from treatment, reunifying parents with their children, and the costs and benefits of the court.

    Sec. 504. RCW 2.28.170 and 2002 c 290 s 13 are each amended to read as follows:

    (1) Counties may establish and operate drug courts.

    (2) For the purposes of this section, "drug court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism and substance abuse among nonviolent, substance abusing felony and nonfelony offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic drug testing; and the use of appropriate sanctions and other rehabilitation services.

    (3)(a) Any jurisdiction that seeks a state appropriation to fund a drug court program must first:

    (i) Exhaust all federal funding ((received from the office of national drug control policy)) that is available to support the operations of its drug court and associated services; and

    (ii) Match, on a dollar-for-dollar basis, state moneys allocated for drug court programs with local cash or in-kind resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for drug court operations and associated services.

    (b) Any county that establishes a drug court pursuant to this section shall establish minimum requirements for the participation of offenders in the program. The drug court may adopt local requirements that are more stringent than the minimum. The minimum requirements are:

    (i) The offender would benefit from substance abuse treatment;

    (ii) The offender has not previously been convicted of a serious violent offense or sex offense as defined in RCW 9.94A.030; and

    (iii) Without regard to whether proof of any of these elements is required to convict, the offender is not currently charged with or convicted of an offense:

    (A) That is a sex offense;

    (B) That is a serious violent offense;

    (C) During which the defendant used a firearm; or

    (D) During which the defendant caused substantial or great bodily harm or death to another person.

Regional Jails

    NEW SECTION. Sec. 505. (1) The joint legislative audit and review committee shall investigate and assess whether there are existing facilities in the state that could be converted to use as a regional jail for offenders who have mental or chemical dependency disorders, or both, that need specialized housing and treatment arrangements.

    (2) The joint legislative audit and review committee shall consider the feasibility of using at least the following facilities or types of facilities:

    (a) State-owned or operated facilities; and