Court Contracting Authority (SHB 1590)

This bill to clarify city authority to contract for municipal courts passed out of the House Judiciary Committee on February 14. The bill was amended with some technical amendments that AWC supported, and we hope this is the year to resolve this issue for the cities that contract with other cities for court services.

On the Senate side, SB 5353 will soon be voted on in the Senate Judiciary Committee. There are at least three amendments of which we are aware. The first, supported by Senator Rodney Tom, makes the bill identical to SHB 1590 – the AWC-supported version.

Then there are two additional amendments to this version. One would create a nominating commission requirement for cities that appoint their judge. Essentially the commission, made up primarily of local lawyers, judges, and citizens, would make a recommendation of judicial candidates to the appointing authority.

The second amendment requires all municipal court judges to be elected. AWC continues to oppose this amendment and is looking for guidance on the concept of a nominating commission. Please contact Sheila Gall, sheilag@awcnet.org or Tammy Fellin, tammyf@awcnet.org, if you have an interest in learning more or have comments on this new step that may be required before appointing judges.

Auto Theft (HB 1001)

The House Human Services Committee held a hearing on HB 1001, which provides enhanced penalties for auto theft, on February 15. Although the bill was previously heard in a policy committee, the chair of the House Human Services and Corrections Committee, Rep. Mary Lou Dickerson (D-Seattle), wanted to review the juvenile penalty enhancements for auto theft.

The hearing was very well attended, but it is clear this issue of increasing penalties for juvenile offenders is divisive. Although the bill does not mandate detention time on the first offense for offenders, our intention is to send a clear message to juveniles that auto theft has a consequence. Thanks to Yakima Mayor Dave Edler and Yakima Police Chief Sam Granato for testifying in support of this bill.

The bill is scheduled for executive session on Thursday, February 22 at 1:30 pm. As discussed in last week’s Bulletin, we believe the bill may be amended to strip out the provisions enhancing penalties for juveniles, despite our strong testimony in support of those mandatory minimums for juvenile offenses.

Revising Provisions Involving Court Interpreters (HB 2176/SB 6005)

The House Judiciary Committee will hear HB 2176 on Tuesday, February 20 at 10 am. This bill would provide state funding for half the cost of court interpreter services, if the court has established a plan meeting the requirements of the bill. Currently, there is no state funding available for these expenses. The companion bill, SB 6005, is scheduled to be heard on Wednesday, February 21 at 3:30 pm in the Senate Judiciary Committee. AWC is supportive of this proposal.

Driving Under the Influence Convictions (HB 2254)

This bill would change the penalties for DUI gross misdemeanor offenses to require an arrest and two days jail for a second offense within seven years. HB 2254 is scheduled for a hearing in the House Judiciary Committee on Friday, February 23 at 8 am.

Limiting Deferred Prosecution in Domestic Violence Cases (HB 2191)

Also scheduled in the House Judiciary Committee on February 23 is HB 2191, which would limit the use of deferred prosecution when the charge could have been a domestic violence offense.

Addressing the Transition and Reentry of Offenders into the Community (HB 1874)

This legislation provides for a number of changes to prevent recidivism by offenders when they are released back into the community. As part of these provisions, the bill provides for the Department of Corrections (DOC) to open six Community Justice Centers (CJC) by December 2009 and provides for an additional three by December 2011. As of this drafting, DOC already has six CJCs in operation, but we have provided language to clarify that before additional centers would be sited or opened in our communities, DOC must give the city and county 60 days notice. The bill passed out of committee on February 15 with this amendment.

We continue to express concerns over another provision in the bill which gives DOC $7.6 million to provide vouchers to landlords to temporarily house offenders as they transition into the community. The DOC is granted rule-making authority, but there are no limits on how many offenders might be living in the same location. We will continue to work to limit the concentration of offenders living in one location, while recognizing that offenders will be coming back to our communities.

Threshold Property Damage Values for Malicious Mischief Offenses (HB 2133)

This bill would raise the property damage thresholds for malicious mischief crimes from $1500 to $2500 for felony malicious mischief in the first degree and from $250 to $500 for felony malicious mischief in the second degree. This will mean that more cases for damage of property under $500 will be misdemeanors, adding to the misdemeanant caseload for cities. HB 2133 is scheduled to be heard in the House Public Safety & Emergency Preparedness Committee on Monday, January 19 at 1:30 pm.

Establishing the Statewide CBRNE Response Program (HB 1223/SB 5505)

These bills would establish a regional CBRNE response teams (for chemical, biological, radioactive, nuclear, or explosive agents). See the February 2 Bulletin for more information. (Jen – include link.) The House Public Safety & Emergency Preparedness Committee took executive action on HB 1223 on Thursday, February 8, and it was referred to Appropriations. SB 5505 is now scheduled for public hearing in the Senate Government Operations & Elections Committee at 3:30 pm on Thursday, February 22.

Sex Offender Community Notification Forums

The Washington Association of Sheriffs and Police Chiefs (WASPC) is hosting a series of community forums in February and March to discuss the current process for sex offender community notification to help it develop model policies and best practices. Cities are encouraged to attend to provide input. Remaining locations include Bellingham, Everett, Spokane, Walla Walla, Yakima and Chelan. For more information, see the training section of the AWC website.

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