Offender medical costs (HB 1780) – AWC Priority

HB 1780 is scheduled for a hearing in the House General Government Appropriations Committee on Tuesday, February 10 at 8 am.

This bill would continue current practice by retaining the law which clarifies that the charging entity is responsible for offender medical costs of care provided to arrestees. Because cities do not prosecute felonies, the effect of this change made in 2007 was to clarify that counties are responsible for these costs between arrest and adjudication – even if the arrest was made by a city law enforcement officer. When the law was clarified in 2007, a sunset provision was added which is set to expire in June 2009. HB 1780 simply removes the expiration date so the current practice may continue.

Property crimes threshold (SB 5225)

SB 5225 would raise the threshold between misdemeanor and felony property crimes from the current level of $250 in property to $1,000. The proponents claim that this is merely a reflection of inflationary increases since the threshold was created in 1973 and that the change still reflects current charging practices in most counties.

The substitute version was heard, which also includes a provision that counties may request the Attorney General’s office to aggregate thefts that occurred in several counties and prosecute on behalf of the counties. The current draft, however, is problematic in that that ATG would have the authority to seek full cost recovery from cities and counties for prosecution – even though cities may not participate in the decision requesting their help.

Thanks to those cities that responded to AWC’s request for information about current practices in felony charging decisions for these types of cases and the potential for increased municipal court caseloads. AWC testified against the bill at the Senate Judiciary Committee hearing on February 3.

Correctional facility policies regarding medication management (SB 5252)

This proposal, brought in response to efforts last year by the state Board of Pharmacy to regulate correctional pharmacies, specifically authorizes jail personnel to provide for the delivery and administration of medications for inmates in their custody and clarifies the BOP does not have authority to regulate correctional facilities that do not have on-site pharmacies. It is similar to existing authority for group homes, and establishes a group to provide a model policy regarding administration of medication in jails. AWC is supportive of the bill, with some minor technical amendments.

Creating a nightclub license and eliminating the cap on liquor licenses (HB 1434/SB 5367)

This bill would create a new category of liquor license for nightclubs to help address issues with criminal justice and other public safety issues. AWC testified in support for the creation of a separate license to more easily differentiate between those establishments we anticipate will have greater impact on local law enforcement.

Unfortunately, the current proposal would also remove the existing cap on liquor licenses. AWC testified against removing the cap without a greater investment in enforcement activities by the Liquor Control Board. Without their help, we cannot support unlimited expansion of licensed establishments. AWC is seeking an amendment that would recreate the new nightclub license, but retain the cap. Legislators in both the House and Senate seem supportive.

Traffic infractions for drivers with suspended licenses - decriminalization of DWLS3 (SB 5732)

This bill decriminalizes certain driving while license suspended in the third degree (DWLS3) charges. Instead, these charges would be an infraction, which would only allow imposition of a monetary penalty instead of jail time. Decriminalizing also eliminates the authority of law enforcement to search the suspect when they are stopped.

DWLS3 cases are often as much as 30 or 40 percent of the municipal court caseload. This bill would significantly reduce those numbers. However, AWC has opposed similar proposals in the past because making this an infraction would severely limit our ability to enforce court actions, including payment of penalties. As an alternative AWC is suggesting greater relicensing programs be considered, with a local option to impose a fee to pay for the cost of this new program.

False claims against governments (SB 5144)

This bill would create a new cause of action for false claims for payment from the government, which could be brought by a government entity or a citizen on behalf of the government entity. It would also place new duties on government attorneys to investigate claims.

While it is similar to an existing federal law regarding false claims against the federal government, AWC has expressed concerns about increased workload and greater ability by the third party that brought the claim to recover portions of the damages. It is scheduled to be heard in the Senate Judiciary Committee on Friday, February 13 at 1:30 pm. AWC will likely express concerns. There is also a $6.5 million state fiscal impact because of increased staffing required by the Attorney General to pursue such claims.

Claims for damages against the state and local governments (HB 1553)

HB 1553 was heard on February 2 in the House Judiciary Committee. It would make uniform procedures for required tort claims notice to governments prior to filing a case, including requiring use of a standardized form supplied by the state risk management program.

AWC and other local government representatives testified with concerns about new provisions that would require claims to be "liberally construed", limit dismissals for noncompliance with the statute to those with "bad faith" or "actual prejudice", and allow tolling the statute of limitations for one year for written mediation requests. As an alternative, AWC recommended an amendment that would require local governments to use a standard form, but eliminated the "liberally construed" and "bad faith" language. Some changes are expected.

Assault of a law enforcement officer (SB 5413)

This bill was introduced at the request of the City of Federal Way, after a police officer that was chasing a suspect was threatened by what appeared to be a hand gun. After apprehending the suspect, though, it turned out to be a toy gun. Unfortunately, the police officer could not discern the difference and fired several shots. This bill allows for a one-year sentence enhancement for threatening a law enforcement officer with a look-alike gun. It is scheduled to be heard in the Senate Judiciary Committee on Tuesday, February 10, at 10 am. AWC has endorsed this proposal.

Reclassifying possession of marijuana as a civil infraction (SB 5615)

This bill would change misdemeanor possession of marijuana of 40 grams or less for offenders over age 18 to a civil infraction with a $100 penalty. All monetary penalties collected for the infractions would be deposited into the criminal justice treatment account, used for substance abuse treatment and treatment support services. The bill also provides that police officers do not have the authority to arrest a person who they have probable cause to believe is committing a misdemeanor or gross misdemeanor involving only the use or possession of marijuana. It will be heard in the Senate Judiciary Committee on Tuesday, February 10 at 10 am.

Crime-free rental program (SB 5742)

This bill establishes procedures that a local government must follow in adopting a crime-free rental housing program, provides landlords with additional eviction tools to stop criminal activity on their property, and requires additional law enforcement to assistance to property owners. It is scheduled to be heard in the Senate Human Services & Corrections Committee on Thursday, February 12 at 3:30 pm.

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