AWC Legislative Bulletin - Volume 30, No. 6
February 9, 2007
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In this issue:
What You Need to Know Now
From the Director: Legislature Moves Along – More Temperate Tone
City Legislative Action Conference (CLAC)
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Law & Justice
AWC Priority
Offender Supervision Liability (HB 1669)
HB 1669 was heard in the House Judiciary Committee this week. The bill would provide for a gross negligence liability standard for misdemeanant supervision. Many cities are curtailing their probation departments and courts are placing fewer conditions on offenders after release due to the serious risk offenders’ actions may pose to cities if they cause damages to a third party while being supervised.
Representatives from the Washington State Trial Lawyers Association expressed some concern with the bill language in the hearing and will be proposing new language for the bill. As part of that potential compromise bill language, AWC has also agreed to take out the section of the bill providing that the standard of proof must be clear, cogent, and convincing.
We are hopeful that we can reach a compromise on HB 1669 to achieve parity with the state on the level of liability for supervision. This would be one small step towards addressing the significant issue of offender supervision liability for cities.
AWC Priority
Offender Medical Costs (HB 2126, HB 1808)
AWC is supporting two bills that address local responsibility for medical costs for offenders. This became a more significant issue in many cities after the release of an Attorney General Opinion in 2005 that placed responsibility for the cost of providing medical care to anyone arrested on "the agency whose officers have made the arrest leading to the imprisonment of the detainee." This applies regardless of the level of offense – whether it is a felony or misdemeanant arrest. Many jurisdictions previously understood that felony inmates’ medical costs would be borne by the county, regardless of which agency made the arrest.
On February 8, Rep. Charles Ross (R-Naches) introduced HB 2126 which would limit the costs billed for medical treatment provided to offenders who do not have insurance or who are not eligible for Medicaid to 160% of the Medicaid rate. This would help lower costs for those jurisdictions that have been required to pay the most expensive rate, the uninsured rate, for these treatment costs.
In addition, AWC supports HB 1808, a bill to provide a process for cities to seek reimbursement for offender medical costs under the extraordinary criminal justice costs account.
The bills have not been scheduled for a hearing yet.
HB 1001 enhances penalties for auto theft, allows prior vehicle prowling offenses to be used when calculating an offender’s sentence, creates new crimes for possessing motor vehicle theft tools, and establishes a statewide Auto Theft Prevention Authority to distribute funds and coordinate auto theft efforts. The bill also imposes a 50-cent surcharge on vehicle insurance policies.
The bill is scheduled for hearing in the House Human Services Committee on Thursday, February 15 at 1:30 pm. At the hearing, we expect a proposed substitute bill to be offered that would strip out the provisions enhancing penalties for juveniles.
The Public Safety & Emergency Preparedness Committee will hear two bills to help address the problem of methamphetamines on Monday, February 12 at 1:30 pm.
HB 1754 would create a registry of methamphetamine offenders. The registry would include the name and offenses of the offender, along with identifying information, would be maintained by the Washington State Patrol, and would be made available to the public on the internet.
HB 1797 would require the State Board of Pharmacy to establish a centralized electronic system for retailers to comply with their current requirement to report methamphetamine precursor sales of ephedrine, pseudoephedrine, and phenylpropanolamine. The electronic reporting would be made available to local, state and federal law enforcement. These drugs are necessary ingredients for the production of methamphetamine.
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