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Law & Justice
AWC Priority
Offender Supervision Liability (HB 1669)
HB 1669 will be heard in the House Judiciary Committee on Tuesday, February 6 at 10 am. The bill would provide for a gross negligence liability standard for misdemeanant supervision and provides that the standard of proof must be clear, cogent, and convincing. Because the state Department of Corrections already is held to a gross negligence standard for misdemeanant supervision, we view this as simply achieving parity with the state. It is one small step towards addressing a major cost driver for city liability.
AWC will be participating in a panel of supporters, including representatives from the Misdemeanant Corrections Association and counties.
AWC Priority
Offender Medical Costs (HB 1808)
HB 1808, sponsored by Rep. Richard Curtis (R-La Center), would provide a process for cities and counties to seek reimbursement for offender medical costs under the extraordinary criminal justice costs account. It was introduced on January 29 but is not yet scheduled for a hearing.
Clarifying Municipal Court Contracting Authority (HB 1590)
HB 1590, sponsored by Rep. Roger Goodman (D-Kirkland), would clarify cities’ authority to contract together for municipal court services. It will be heard in the House Judiciary Committee on Wednesday, February 7 at 1:30 pm. AWC strongly supports this proposal. Unlike SB 5353, the bill does not contain any additional requirements for election of judges or expansion of subject matter jurisdiction.
Criminal Violations of No-contact, Protection and Restraining Orders (HB 1642/SB 5697)
HB 1642, sponsored by Rep. Jamie Pedersen (D-Seattle), would clarify that a violation of a no-contact provision of a court order is a criminal offense and can be enforced as a criminal violation. This bill clarifies what is considered the current law in most other jurisdictions.
It stems from a technical interpretation of the current law by some courts that asserted, if the conduct in violation of the order did not take place at a restricted location and does not threaten or harm the protected party, the violation would be contempt of court and not a new criminal offense.
HB 1642 is scheduled to be heard in the House Judiciary Committee on Wednesday, February 7, at 1:30 pm. SB 5697 is scheduled for a hearing in the Senate Judiciary Committee at 3:30 the same day. AWC supports this proposal.
Indigent Defense Grants for Cities (HB 1793)
Two years ago, the Legislature established a grant program to help cities and counties meet the constitutional obligation to provide, free of charge, public defense to people who are indigent. When it was passed, it contained a provision that limited the number of cities that may qualify for grant funding. This bill removes the limit on the number of cities that can receive grants. AWC will testify in support of the bill at the hearing in the House Judiciary Committee at 10 am on Tuesday, February 6.
No Fees on Sexual Assault Protection Orders (SB 5637/HB 1437)
SB 5637 will be heard in the Senate Judiciary Committee on Tuesday, February 6, at 10 am. AWC is concerned about the fiscal impact because another bill introduced this session, SB 5353, would require cities to expand court jurisdiction to these and other protection orders. See last week’s Bulletin for more information.
Assisting Offenders’ Transition Back into the Community (HB 1874)
HB 1874, sponsored by Rep. Mary Helen Roberts (D-Dist. 21), requires the Department of Corrections to establish additional community justice centers by 2009 in the six counties with the largest population of offenders who were released from Department of Corrections (DOC) custody. At least one would be in a rural area, suggesting the others would likely be in cities.
The goal of these new centers is to facilitate connections between the former inmate and the community by providing information to former inmates regarding services available to them in the community. This comprehensive proposal would look at closer connections between the community colleges and DOC to assist offenders with furthering their education. It would also require DOC to provide short-term housing for high-risk offenders. Funding is provided to DOC ($7.6 million) and the Department of Community, Trade, and Economic Development ($7.6 million) from the general fund for these purposes.
The bill is scheduled to be heard by the House Human Services Committee on Wednesday, February 7, at 6 pm.
Establishing the Emergency Management, Preparedness, and Assistance Account (SB 5296)
Recognizing that Washington State is at risk from natural and man-made disasters, SB 5296, sponsored by Sen. Jim Kastama (D-Puyallup), would create an account for emergency management, preparedness and assistance. The account would be funded by annual surcharge fees ($2 - $4 for home/property insurance). Eighty percent of the funds would be granted on a competitive basis to regional agencies, local governments, tribal governments, regional incident management teams, and private organizations to perform a variety of emergency management and preparedness functions.
This bill is scheduled for a hearing in the Senate Government Operations & Elections Committee at 3:30 pm on Thursday, February 8.
Establishing the Statewide CBRNE Response Program (HB 1223/SB 5505)
HB 1223 establishes regional CBRNE response teams (for chemical, biological, radioactive, nuclear, or explosive agents). The bill, heard by the House Public Safety & Emergency Preparedness Committee on Monday, January 29, is supported by many fire agencies.
During the hearing, the Committee chair indicated he expects some funding but does not yet know the level. The bill currently includes $23 million to enhance current service levels through creation of this program.
SB 5379 will be heard in the Senate Consumer Protection & Housing Committee on Friday, February 9, at 8:30 am. Like bills on this issue from past sessions, the bill prohibits owning, possessing, bringing into the state, or breeding a potentially dangerous animal. The bill is acceptable to cities because the impacts on local governments are minimal.
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