Criminal justice assistance

AN ACT Relating to the county criminal justice assistance account 1
and municipal criminal justice assistance account; and amending RCW 2
82.14.310, 82.14.320, and 82.14.330. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 82.14.310 and 2022 c 157 s 21 are each amended to 5
read as follows: 6
(1) The county criminal justice assistance account is created in 7
the state treasury. 8
(a) Beginning in fiscal year 2000, the state treasurer must 9
transfer into the county criminal justice assistance account from the 10
general fund the sum of (($23,200,000)) $50,000,000 divided into four 11
equal deposits occurring on July 1, October 1, January 1, and April 12
1. For each fiscal year thereafter, the state treasurer must increase 13
the total transfer by the fiscal growth factor, as defined in RCW 14
43.135.025, forecast for that fiscal year by the office of financial 15
management in November of the preceding year. 16
(b) Beginning in fiscal year 2026, the amount that would be 17
otherwise transferred into the county criminal justice assistance 18
account from the general fund under (a) of this subsection must 19
increase by 50 percent. For each fiscal year thereafter, the state 20
H-0588.1
HOUSE BILL 1428
State of Washington 69th Legislature 2025 Regular Session
By Representatives Rule, Richards, Timmons, Walen, Bergquist,
Shavers, Pollet, and Leavitt
Read first time 01/20/25. Referred to Committee on Appropriations.
p. 1 HB 1428
treasurer must increase the total transfer by the fiscal growth 1
factor, as provided under (a) of this subsection. 2
(2) The moneys deposited in the county criminal justice 3
assistance account for distribution under this section, less any 4
moneys appropriated for purposes under subsections (4) and (5) of 5
this section, must be distributed at such times as distributions are 6
made under RCW 82.44.150 and on the relative basis of each county's 7
funding factor as determined under this subsection.8
(a) A county's funding factor is the sum of: 9
(i) The population of the county, divided by 1,000, and 10
multiplied by two-tenths; 11
(ii) The crime rate of the county, multiplied by three-tenths; 12
and 13
(iii) The annual number of criminal cases filed in the county 14
superior court, for each 1,000 in population, multiplied by five-15
tenths. 16
(b) Under this section and RCW 82.14.320 and 82.14.330:17
(i) The population of the county or city is as last determined by 18
the office of financial management; 19
(ii) The crime rate of the county or city is the annual 20
occurrence of specified criminal offenses, as calculated in the most 21
recent annual report on crime in Washington state as published by the 22
Washington association of sheriffs and police chiefs, for each 1,000 23
in population; 24
(iii) The annual number of criminal cases filed in the county 25
superior court must be determined by the most recent annual report of 26
the courts of Washington, as published by the administrative office 27
of the courts; 28
(iv) Distributions and eligibility for distributions in the 29
1989-1991 biennium must be based on 1988 figures for both the crime 30
rate as described under (b)(ii) of this subsection and the annual 31
number of criminal cases that are filed as described under (b)(iii) 32
of this subsection. Future distributions must be based on the most 33
recent figures for both the crime rate as described under (b)(ii) of 34
this subsection and the annual number of criminal cases that are 35
filed as described under (b)(iii) of this subsection.36
(3) Moneys distributed under this section must be expended 37
exclusively for criminal justice purposes. ((Except after May 13, 38
2021, through December 31, 2023, these )) These funds may not be used 39
to replace or supplant existing funding. Criminal justice purposes 40
p. 2 HB 1428
are defined as activities that substantially assist the criminal 1
justice system, which may include circumstances where ancillary 2
benefit to the civil or juvenile justice system occurs, and which 3
includes (a) domestic violence services such as those provided by 4
domestic violence programs, community advocates, and legal advocates, 5
as defined in RCW 70.123.020, and (b) during the 2001-2003 fiscal 6
biennium, juvenile dispositional hearings relating to petitions for 7
at-risk youth, truancy, and children in need of services. Existing 8
funding for purposes of this subsection is defined as calendar year 9
1989 actual operating expenditures for criminal justice purposes. 10
Calendar year 1989 actual operating expenditures for criminal justice 11
purposes exclude the following: Expenditures for extraordinary events 12
not likely to reoccur, changes in contract provisions for criminal 13
justice services, beyond the control of the local jurisdiction 14
receiving the services, and major nonrecurring capital expenditures.15
(4) Not more than five percent of the funds deposited to the 16
county criminal justice assistance account may be available for 17
appropriations for enhancements to the state patrol crime laboratory 18
system and the continuing costs related to these enhancements. Funds 19
appropriated from this account for such enhancements may not supplant 20
existing funds from the state general fund. 21
(5) Each fiscal biennium, the sum of $510,000, may be 22
appropriated for the Washington state patrol to provide investigative 23
assistance and report services to assist local law enforcement 24
agencies to prosecute criminals. 25
Sec. 2. RCW 82.14.320 and 2021 c 296 s 3 are each amended to 26
read as follows: 27
(1) The municipal criminal justice assistance account is created 28
in the state treasury. 29
(a) Beginning in fiscal year 2000, the state treasurer must 30
transfer into the municipal criminal justice assistance account for 31
distribution under this section from the general fund the sum of 32
(($4,600,000)) $50,000,000 divided into four equal deposits occurring 33
on July 1, October 1, January 1, and April 1. For each fiscal year 34
thereafter, the state treasurer must increase the total transfer by 35
the fiscal growth factor, as defined in RCW 43.135.025, forecast for 36
that fiscal year by the office of financial management in November of 37
the preceding year. 38
p. 3 HB 1428
(b) Beginning in fiscal year 2026, the amount that would be 1
otherwise transferred into the municipal criminal justice assistance 2
account from the general fund under (a) of this subsection must 3
increase by 50 percent. For each fiscal year thereafter, the state 4
treasurer must increase the total transfer by the fiscal growth 5
factor, as provided under (a) of this subsection.6
(2) No city may receive a distribution under this section from 7
the municipal criminal justice assistance account unless((:8
(a) The)) the city has a crime rate in excess of 125 percent of 9
the statewide average as calculated in the most recent annual report 10
on crime in Washington state as published by the Washington 11
association of sheriffs and police chiefs((;12
(b) The city has levied the tax authorized in RCW 82.14.030(2) at 13
the maximum rate or the tax authorized in RCW 82.46.010(3) at the 14
maximum rate; and15
(c) The city has a per capita yield from the tax imposed under 16
RCW 82.14.030(1) at the maximum rate of less than 150 percent of the 17
statewide average per capita yield for all cities from such local 18
sales and use tax)). 19
(3) The moneys deposited in the municipal criminal justice 20
assistance account for distribution under this section, less any 21
moneys appropriated for purposes under subsection (7) of this 22
section, must be distributed at such times as distributions are made 23
under RCW 82.44.150. The distributions must be made as follows:24
(a) Unless reduced by this subsection, 30 percent of the moneys 25
must be distributed ratably based on population as last determined by 26
the office of financial management to those cities eligible under 27
subsection (2) of this section that have a crime rate ((determined 28
under subsection (2)(a) of this section )) which is greater than 175 29
percent of the statewide average crime rate. No city may receive more 30
than 50 percent of any moneys distributed under this subsection 31
(([(3)])) (3)(a) but, if a city distribution is reduced as a result 32
of exceeding the 50 percent limitation, the amount not distributed 33
must be distributed under (b) of this subsection. 34
(b) The remainder of the moneys, including any moneys not 35
distributed in subsection (2)(((a))) of this section, must be 36
distributed to all cities eligible under subsection (2) of this 37
section ratably based on population as last determined by the office 38
of financial management. 39
p. 4 HB 1428
(4) No city may receive more than 30 percent of all moneys 1
distributed under subsection (3) of this section. 2
(5) Notwithstanding other provisions of this section, the 3
distributions to any city that substantially decriminalizes or 4
repeals its criminal code after July 1, 1990, and that does not 5
reimburse the county for costs associated with criminal cases under 6
RCW 3.50.800 or 3.50.805(2), must be made to the county in which the 7
city is located. 8
(6) Moneys distributed under this section must be expended 9
exclusively for criminal justice purposes. ((Except after May 13, 10
2021, through December 31, 2023, these )) These funds may not be used 11
to replace or supplant existing funding. Criminal justice purposes 12
are defined as activities that substantially assist the criminal 13
justice system, which may include circumstances where ancillary 14
benefit to the civil justice system occurs, and which includes 15
domestic violence services such as those provided by domestic 16
violence programs, community advocates, and legal advocates, as 17
defined in RCW 70.123.020, and publications and public educational 18
efforts designed to provide information and assistance to parents in 19
dealing with runaway or at-risk youth. Existing funding for purposes 20
of this subsection is defined as calendar year 1989 actual operating 21
expenditures for criminal justice purposes. Calendar year 1989 actual 22
operating expenditures for criminal justice purposes exclude the 23
following: Expenditures for extraordinary events not likely to 24
reoccur, changes in contract provisions for criminal justice 25
services, beyond the control of the local jurisdiction receiving the 26
services, and major nonrecurring capital expenditures.27
(7) Not more than five percent of the funds deposited to the 28
municipal criminal justice assistance account may be available for 29
appropriations for enhancements to the state patrol crime laboratory 30
system and the continuing costs related to these enhancements. Funds 31
appropriated from this account for such enhancements may not supplant 32
existing funds from the state general fund. 33
(((8) During the 2011-2013 fiscal biennium, the amount that would 34
otherwise be transferred into the municipal criminal justice 35
assistance account from the general fund under subsection (1) of this 36
section must be reduced by 3.4 percent.))37
Sec. 3. RCW 82.14.330 and 2021 c 296 s 4 are each amended to 38
read as follows: 39
p. 5 HB 1428
(1)(a) Beginning in fiscal year 2000, the state treasurer must 1
transfer into the municipal criminal justice assistance account for 2
distribution under this section from the general fund the sum of 3
(($4,600,000)) $50,000,000 divided into four equal deposits occurring 4
on July 1, October 1, January 1, and April 1. For each fiscal year 5
thereafter, the state treasurer must increase the total transfer by 6
the fiscal growth factor, as defined in RCW 43.135.025, forecast for 7
that fiscal year by the office of financial management in November of 8
the preceding year. Beginning in fiscal year 2026, the amount that 9
would be otherwise transferred into the municipal criminal justice 10
assistance account from the general fund under this subsection (1)(a) 11
must increase by 50 percent. For each fiscal year thereafter, the 12
state treasurer must increase the total transfer by the fiscal growth 13
factor, as provided under this subsection (1)(a). The moneys 14
deposited in the municipal criminal justice assistance account for 15
distribution under this section, less any moneys appropriated for 16
purposes under subsection (4) of this section, must be distributed to 17
the cities of the state as follows: 18
(i) 20 percent appropriated for distribution must be distributed 19
to cities with a three-year average violent crime rate for each 1,000 20
in population in excess of 150 percent of the statewide three-year 21
average violent crime rate for each 1,000 in population. The three-22
year average violent crime rate must be calculated using the violent 23
crime rates for each of the preceding three years from the annual 24
reports on crime in Washington state as published by the Washington 25
association of sheriffs and police chiefs. Moneys must be distributed 26
under this subsection (1)(a) ratably based on population as last 27
determined by the office of financial management, but no city may 28
receive more than one dollar per capita. Moneys remaining 29
undistributed under this subsection at the end of each calendar year 30
must be distributed to the criminal justice training commission to 31
reimburse participating city law enforcement agencies with 10 or 32
fewer full-time commissioned patrol officers the cost of temporary 33
replacement of each officer who is enrolled in basic law enforcement 34
training, as provided in RCW 43.101.200. 35
(ii) 16 percent must be distributed to cities ratably based on 36
population as last determined by the office of financial management, 37
but no city may receive less than $1,000. 38
(b) The moneys deposited in the municipal criminal justice 39
assistance account for distribution under this subsection (1) must be 40
p. 6 HB 1428
distributed at such times as distributions are made under RCW 1
82.44.150. 2
(c) Moneys distributed under this subsection (1) must be expended 3
exclusively for criminal justice purposes. ((Except after May 13, 4
2021, through December 31, 2023, these )) These funds may not be used 5
to replace or supplant existing funding. Criminal justice purposes 6
are defined as activities that substantially assist the criminal 7
justice system, which may include circumstances where ancillary 8
benefit to the civil justice system occurs, and which includes 9
domestic violence services such as those provided by domestic 10
violence programs, community advocates, and legal advocates, as 11
defined in RCW 70.123.020. Existing funding for purposes of this 12
subsection is defined as calendar year 1989 actual operating 13
expenditures for criminal justice purposes. Calendar year 1989 actual 14
operating expenditures for criminal justice purposes exclude the 15
following: Expenditures for extraordinary events not likely to 16
reoccur, changes in contract provisions for criminal justice 17
services, beyond the control of the local jurisdiction receiving the 18
services, and major nonrecurring capital expenditures.19
(2)(a) In addition to the distributions under subsection (1) of 20
this section: 21
(i) 10 percent must be distributed on a per capita basis to 22
cities that contract with another governmental agency for the 23
majority of the city's law enforcement services. Cities that 24
subsequently qualify for this distribution must notify the department 25
of commerce by November 30th for the upcoming calendar year. The 26
department of commerce must provide a list of eligible cities to the 27
state treasurer by December 31st. The state treasurer must modify the 28
distribution of these funds in the following year. Cities have the 29
responsibility to notify the department of commerce of any changes 30
regarding these contractual relationships. Adjustments in the 31
distribution formula to add or delete cities may be made only for the 32
upcoming calendar year; no adjustments may be made retroactively.33
(ii) The remaining 54 percent must be distributed to cities and 34
towns by the state treasurer on a per capita basis. These funds must 35
be used for: (A) Innovative law enforcement strategies; (B) programs 36
to help at-risk children or child abuse victim response programs; and 37
(C) programs designed to reduce the level of domestic violence or to 38
provide counseling for domestic violence victims. 39
p. 7 HB 1428
(b) The moneys deposited in the municipal criminal justice 1
assistance account for distribution under this subsection (2), less 2
any moneys appropriated for purposes under subsection (4) of this 3
section, must be distributed at the times as distributions are made 4
under RCW 82.44.150. Moneys remaining undistributed under this 5
subsection at the end of each calendar year must be distributed to 6
the criminal justice training commission to reimburse participating 7
city law enforcement agencies with 10 or fewer full-time commissioned 8
patrol officers the cost of temporary replacement of each officer who 9
is enrolled in basic law enforcement training, as provided in RCW 10
43.101.200. 11
(c) If a city is found by the state auditor to have expended 12
funds received under this subsection (2) in a manner that does not 13
comply with the criteria under which the moneys were received, the 14
city is ineligible to receive future distributions under this 15
subsection (2) until the use of the moneys are justified to the 16
satisfaction of the director or are repaid to the state general fund.17
(3) Notwithstanding other provisions of this section, the 18
distributions to any city that substantially decriminalizes or 19
repeals its criminal code after July 1, 1990, and that does not 20
reimburse the county for costs associated with criminal cases under 21
RCW 3.50.800 or 3.50.805(2), must be made to the county in which the 22
city is located. 23
(4) Not more than five percent of the funds deposited to the 24
municipal criminal justice assistance account may be available for 25
appropriations for enhancements to the state patrol crime laboratory 26
system and the continuing costs related to these enhancements. Funds 27
appropriated from this account for such enhancements may not supplant 28
existing funds from the state general fund. 29
(((5) During the 2011-2013 fiscal biennium, the amount that would 30
otherwise be transferred into the municipal criminal justice 31
assistance account from the general fund under subsection (1) of this 32
section must be reduced by 3.4 percent.))33
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p. 8 HB 1428