2012 SESSION LAWS STATE OF WASHINGTONleg.wa.gov/CodeReviser/documents/sessionlaw/2012pam2.pdf2012...

2012

SESSION LAWSOF THE

STATE OF WASHINGTON

REGULAR SESSIONSIXTY-SECOND LEGISLATURE

Convened January 9, 2012. Adjourned March 8, 2012.

FIRST SPECIAL SESSIONSIXTY-SECOND LEGISLATURE

Convened March 12, 2012. Adjourned April 10, 2012.

SECOND SPECIAL SESSIONSIXTY-SECOND LEGISLATURE

Convened April 11, 2012. Adjourned April 11, 2012.

Published at Olympia by the Statute Law Committee under Chapter 44.20 RCW.

K. KYLE THIESSENCode Reviser

http://www.leg.wa.gov/codereviser

WASHINGTON SESSION LAWSGENERAL INFORMATION

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1. EDITIONS AVALIABLE.(a) General Information. The session laws are printed in a permanent softbound edi-

tion containing the accumulation of all laws adopted in the legislative session. Theedition contains a subject index and tables indicating Revised Code of Washingtonsections affected.

(b) Where and how obtained - price. The permanent session laws may be orderedfrom the Statute Law Committee, Pritchard Building, P.O. Box 40552, Olympia,Washington 98504-0552. The edition costs $25.00 per set plus applicable stateand local sales taxes and $7.00 shipping and handling. All orders must be accom-panied by payment.

2. PRINTING STYLE - INDICATION OF NEW OR DELETED MATTER.The session laws are presented in the form in which they were enacted by the legisla-ture. This style quickly and graphically portrays the current changes to existing law as follows:(a) In amendatory sections

(i) underlined matter is new matter.(ii) deleted matter is ((lined out and bracketed between double parentheses)).

(b) Complete new sections are prefaced by the words NEW SECTION.3. PARTIAL VETOES.

(a) Vetoed matter is printed in bold italics.(b) Pertinent excerpts of the governor’s explanation of partial vetoes are printed at the

end of the chapter concerned.4. EDITORIAL CORRECTIONS. Words and clauses inserted in the session laws under

the authority of RCW 44.20.060 are enclosed in [brackets].5. EFFECTIVE DATE OF LAWS.

(a)The state Constitution provides that unless otherwise qualified, the laws of anysession take effect ninety days after adjournment sine die. The Secretary of Statehas determined the effective date for the Laws of the 2012 regular session to be thefirst moment of June 7, 2012. The effective date for the Laws of the 2012 first spe-cial special session is July 10, 2012. The effective date for the Laws of the 2012second special special session is July 11, 2012.

(b) Laws that carry an emergency clause take effect immediately, or as otherwisespecified, upon approval by the Governor.

(c) Laws that prescribe an effective date take effect upon that date.6. INDEX AND TABLES.

A cumulative index and tables of all 2012 laws may be found at the back of the final volume.

TABLE OF CONTENTS

ChapterNo.

BillNo. Subject Page

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2012 SESSION

177 SSB 6240 Juveniles—Orders of disposition . . . . . . . . . . . . . . . . . . . . . . 1265178 E2SHB 2337 K-12 education—Openly licensed courseware . . . . . . . . . . . 1279179 ESHB 2347 Spring blade knives—Possession. . . . . . . . . . . . . . . . . . . . . . 1281180 SHB 2357 Sales and use tax—Chemical dependency, mental health

treatment, therapeutic courts . . . . . . . . . . . . . . . . . . . . . 1283181 ESHB 2366 Suicide assessment, treatment, and management. . . . . . . . . . 1285182 SHB 2389 Economic and revenue forecasts—Submission dates . . . . . . 1288183 2SHB 2443 Driving under the influence . . . . . . . . . . . . . . . . . . . . . . . . . . 1289184 ESHB 2582 Health care facilities—Billing practices. . . . . . . . . . . . . . . . . 1315185 ESHB 2614 Homeowners in crisis—Assistance . . . . . . . . . . . . . . . . . . . . 1316186 SHB 2617 School districts—Financial insolvency . . . . . . . . . . . . . . . . . 1345187 EHB 2620 State investment of funds in accounts . . . . . . . . . . . . . . . . . . 1364188 2SSB 5355 Public agencies—Special meetings . . . . . . . . . . . . . . . . . . . . 1374189 E2SSB 5539 Motion picture competitiveness . . . . . . . . . . . . . . . . . . . . . . . 1376190 ESB 5661 Derelict fishing gear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1382191 SSB 5995 Urban growth area boundaries—Industrial land . . . . . . . . . . 1383192 SSB 6105 Prescription monitoring program . . . . . . . . . . . . . . . . . . . . . . 1388193 2SSB 6140 Local economic development financing. . . . . . . . . . . . . . . . . 1390194 SSB 6277 Property tax exemption—Multiple-unit dwellings—Urban

centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1401195 ESSB 6355 Associate development organizations . . . . . . . . . . . . . . . . . . 1410196 SSB 6359 Office of regulatory assistance . . . . . . . . . . . . . . . . . . . . . . . . 1416197 SB 6545 Developmental disabilities endowment . . . . . . . . . . . . . . . . . 1431198 SSB 6581 Accounts and funds—Elimination . . . . . . . . . . . . . . . . . . . . . 1433199 ESB 6608 Judicial stablization trust account surcharges . . . . . . . . . . . . 1458200 EHB 1398 Low-income housing—Impact fees . . . . . . . . . . . . . . . . . . . . 1461201 SHB 1775 Juvenile restorative justice programs . . . . . . . . . . . . . . . . . . . 1463202 HB 2210 School board candidates—Contribution limits . . . . . . . . . . . 1471203 SHB 2261 Charitable donations—Eye glasses and hearing instruments. 1474204 SHB 2263 Child welfare system—Reinvesting savings . . . . . . . . . . . . . 1475205 E2SHB 2264 Child welfare system—Performance-based contracting . . . . 1477206 SHB 2360 Cemetery authorities and funeral establishments—

Deposits and investments. . . . . . . . . . . . . . . . . . . . . . . . 1490207 HB 2420 Insurance commissioner—Direct practices report . . . . . . . . . 1493208 ESHB 2473 Certified nursing assistants—Medication assistant

endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494209 HB 2485 School districts—Electronic warrants . . . . . . . . . . . . . . . . . . 1500210 SHB 2492 State board of education—Fiscal impact statements . . . . . . . 1501211 HB 2523 Insurers and insurance products . . . . . . . . . . . . . . . . . . . . . . . 1503212 ESHB 1627 Boundary review boards—Annexation . . . . . . . . . . . . . . . . . 1541213 SHB 2194 Manufactured/mobile home landlord tenant act. . . . . . . . . . . 1543214 ESHB 2197 Uniform commercial code . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550215 SHB 2239 Social purpose corporations . . . . . . . . . . . . . . . . . . . . . . . . . . 1656216 HB 2293 Nonprofit miscellaneous and mutual corporations. . . . . . . . . 1667217 EHB 2262 Workfirst and child care programs—Expenditures . . . . . . . . 1669

TABLE OF CONTENTS

ChapterNo.


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218 HB 2305 Public improvements—Contracts with community service organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1671

219 SHB 2326 Solid fuel burning devices—Air quality. . . . . . . . . . . . . . . . . 1672220 HB 2346 Correctional officers—Purchase of uniforms. . . . . . . . . . . . . 1676221 HB 2356 Agricultural fairs—Health and safety improvements—

Capital funding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1680222 ESHB 2361 Public records—Exemptions—Usage-based automobile

insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1681223 ESHB 2363 Domestic violence and harassment—Victims . . . . . . . . . . . . 1684224 2SHB 2452 State procurement of goods and services . . . . . . . . . . . . . . . . 1690225 HB 2482 Innovation partnership zones . . . . . . . . . . . . . . . . . . . . . . . . . 1706226 HB 2499 Political advertising—Disclosure . . . . . . . . . . . . . . . . . . . . . . 1712227 SHB 2259 Higher education—Reporting requirements. . . . . . . . . . . . . . 1713228 SHB 2313 Higher education—Boards of trustees or regents—Meeting

requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1714229 PV E2SHB 2483 Higher education coordination . . . . . . . . . . . . . . . . . . . . . . . . 1717230 PV 3SHB 2585 Higher education—Efficiencies . . . . . . . . . . . . . . . . . . . . . . . 1846231 SSB 6468 State research universities—Investment policies . . . . . . . . . . 1855232 E2SHB 2536 Children and juvenile services—Evidence-based practices . . 1856233 PV ESHB 2570 Metal property theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1860234 ESHB 2571 Medical services—Waste, fraud, abuse . . . . . . . . . . . . . . . . . 1863235 SHB 2640 Housing trust fund—Cost-effectiveness. . . . . . . . . . . . . . . . . 1865236 EHB 2771 State retirement systems—Employer/employee

relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1867237 HB 2803 Incarcerated offenders—Medical services . . . . . . . . . . . . . . . 1896238 2SSB 5343 Anaerobic digesters—Air emissions . . . . . . . . . . . . . . . . . . . 1899239 SB 5365 Retirement pension coverage—Volunteer firefighters and

reserve officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1900240 SB 5950 Towns—Nonstate pension plans . . . . . . . . . . . . . . . . . . . . . . 1900241 PV ESSB 5978 Medicaid fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1901242 SSB 5982 Joint center for aerospace technology and innovation . . . . . . 1920243 SSB 5997 Olympic natural resources center . . . . . . . . . . . . . . . . . . . . . . 1923244 SSB 6002 School construction assistance formula . . . . . . . . . . . . . . . . . 1924245 SSB 6038 School construction assistance—Rules . . . . . . . . . . . . . . . . . 1928246 SSB 6044 Public utility districts—Water—Pumped storage generating

facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1929247 SB 6082 Agricultural resource lands—Preservation and

conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1929248 SB 6134 Department of fish and wildlife—Service credit transfer . . . 1930249 PV SB 6159 Business and occupation tax—Deduction—Dispute

resolution services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1932250 SSB 6187 Claims governmental health care providers . . . . . . . . . . . . . . 1933251 SSB 6226 Subsidized child care—Authorization periods. . . . . . . . . . . . 1936252 PV 2SSB 6263 Marine management planning . . . . . . . . . . . . . . . . . . . . . . . . 1937253 SSB 6386 Public assistance—Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1944254 SSB 6414 Electric generation project or conservation resource—

Review process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1947255 PV ESSB 6486 Collective bargaining—State universities—Postdoctoral

researchers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1948

TABLE OF CONTENTS

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256 SSB 6492 Competency to stand trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1949257 SSB 6493 Sexually violent predator civil commitment cases. . . . . . . . . 1959258 PV SSB 6508 Department of social and health services—Overpayment

recoveries—Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1969259 ESSB 6555 Child protective services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1970260 SSB 6574 Stadium and exhibition centers—Admissions taxes . . . . . . . 1988261 E2SHB 2373 Recreational resources—State management . . . . . . . . . . . . . 1990262 SSB 6387 State parks, recreation, natural resources—Fiscal matters. . . 1999

2012 FIRST SPECIAL SESSION

1 PV 2ESSB 6406 Natural resource management . . . . . . . . . . . . . . . . . . . . . . . . 20012 SHB 2491 Unemployment experience rating—Predecessor-successor

relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20433 SHB 2590 Pollution liability insurance program. . . . . . . . . . . . . . . . . . . 20454 SHB 2828 Child care services—Establishment and enforcement . . . . . . 20485 PV HB 2834 Local government—Reporting requirements . . . . . . . . . . . . . 20506 2E2SSB 6204 Community supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20547 2ESB 6378 State retirement—New members . . . . . . . . . . . . . . . . . . . . . . 20678 SSB 6636 Balanced state budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20789 HB 2822 Local sales and use tax account—Deposits and

distributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208310 HB 2824 Education funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2084

2012 SECOND SPECIAL SESSION

1 ESB 5127 State general obligation bonds . . . . . . . . . . . . . . . . . . . . . . . . 20932 PV ESB 6074 Supplemental capital budget . . . . . . . . . . . . . . . . . . . . . . . . . 21263 ESSB 5940 School employee benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21744 3E2SHB 2565 Roll-your-own cigarettes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21835 ESHB 2823 State general fund—Revenue redirection. . . . . . . . . . . . . . . . 21916 ESB 6635 Tax preferences and license fees . . . . . . . . . . . . . . . . . . . . . . 21967 PV 3ESHB 2127 Supplemental operating budget . . . . . . . . . . . . . . . . . . . . . . . 2225

STATE MEASURES

PROPOSED CONSTITUTIONAL AMENDMENTSSENATE JOINT RESOLUTION 8223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2429ENGROSSED SENATE JOINT RESOLUTION 8221 . . . . . . . . . . . . . . . . . . . . . . . . . 2429

INDEX AND TABLES

TABLESBILL NO. TO CHAPTER NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2433RCW SECTIONS AFFECTED BY 2012 STATUTES. . . . . . . . . . . . . . . . . . . . . . . . . . 2437UNCODIFIED SESSION LAW SECTIONS AFFECTED BY 2012 STATUTES . . . . 2459

SUBJECT INDEX OF 2012 STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2463HISTORY OF STATE MEASURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2503

WASHINGTON LAWS, 2012 Ch. 177

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CHAPTER 177[Substitute Senate Bill 6240]

JUVENILES—ORDERS OF DISPOSITION177 AN ACT Relating to orders of disposition for juveniles; amending RCW 13.40.127 and13.40.180; and reenacting and amending RCW 13.50.050 and 13.40.0357.

Be it enacted by the Legislature of the State of Washington: Sec. 1. RCW 13.40.127 and 2009 c 236 s 1 are each amended to read as

follows:(1) A juvenile is eligible for deferred disposition unless he or she:(a) Is charged with a sex or violent offense;(b) Has a criminal history which includes any felony;(c) Has a prior deferred disposition or deferred adjudication; or(d) Has two or more adjudications.(2) The juvenile court may, upon motion at least fourteen days before

commencement of trial and, after consulting the juvenile's custodial parent orparents or guardian and with the consent of the juvenile, continue the case fordisposition for a period not to exceed one year from the date the juvenile isfound guilty. The court shall consider whether the offender and the communitywill benefit from a deferred disposition before deferring the disposition. Thecourt may waive the fourteen-day period anytime before the commencement oftrial for good cause.

(3) Any juvenile who agrees to a deferral of disposition shall:(a) Stipulate to the admissibility of the facts contained in the written police

report;(b) Acknowledge that the report will be entered and used to support a

finding of guilt and to impose a disposition if the juvenile fails to comply withterms of supervision; ((and))

(c) Waive the following rights to: (i) A speedy disposition; and (ii) call andconfront witnesses; and

(d) Acknowledge the direct consequences of being found guilty and thedirect consequences that will happen if an order of disposition is entered.

The adjudicatory hearing shall be limited to a reading of the court's record.(4) Following the stipulation, acknowledgment, waiver, and entry of a

finding or plea of guilt, the court shall defer entry of an order of disposition ofthe juvenile.

(5) Any juvenile granted a deferral of disposition under this section shall beplaced under community supervision. The court may impose any conditions ofsupervision that it deems appropriate including posting a probation bond.Payment of restitution under RCW 13.40.190 shall be a condition of communitysupervision under this section.

The court may require a juvenile offender convicted of animal cruelty in thefirst degree to submit to a mental health evaluation to determine if the offenderwould benefit from treatment and such intervention would promote the safety ofthe community. After consideration of the results of the evaluation, as acondition of community supervision, the court may order the offender to attendtreatment to address issues pertinent to the offense.

(6) A parent who signed for a probation bond has the right to notify thecounselor if the juvenile fails to comply with the bond or conditions of

Ch. 177 WASHINGTON LAWS, 2012

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supervision. The counselor shall notify the court and surety of any failure tocomply. A surety shall notify the court of the juvenile's failure to comply withthe probation bond. The state shall bear the burden to prove, by a preponderanceof the evidence, that the juvenile has failed to comply with the terms ofcommunity supervision.

(7) ((A juvenile's lack of compliance shall be determined by the judge uponwritten motion by the prosecutor or the juvenile's juvenile court communitysupervision counselor. If a juvenile fails to comply with terms of supervision,the court shall enter an order of disposition)) (a) Anytime prior to the conclusionof the period of supervision, the prosecutor or the juvenile's juvenile courtcommunity supervision counselor may file a motion with the court requestingthe court revoke the deferred disposition based on the juvenile's lack ofcompliance or treat the juvenile's lack of compliance as a violation pursuant toRCW 13.40.200.

(b) If the court finds the juvenile failed to comply with the terms of thedeferred disposition, the court may:

(i) Revoke the deferred disposition and enter an order of disposition; or(ii) Impose sanctions for the violation pursuant to RCW 13.40.200.(8) At any time following deferral of disposition the court may, following a

hearing, continue ((the case)) supervision for an additional one-year period forgood cause.

(9)(a) At the conclusion of the period ((set forth in the order of deferral andupon a finding by the court of full compliance with conditions of supervisionand payment of full restitution)) of supervision, the court shall determinewhether the juvenile is entitled to dismissal of the deferred disposition onlywhen the court finds:

(i) The deferred disposition has not been previously revoked;(ii) The juvenile has completed the terms of supervision;(iii) There are no pending motions concerning lack of compliance pursuant

to subsection (7) of this section; and(iv) The juvenile has either paid the full amount of restitution, or, made a

good faith effort to pay the full amount of restitution during the period ofsupervision.

(b) If the court finds the juvenile is entitled to dismissal of the deferreddisposition pursuant to (a) of this subsection, the ((respondent's)) juvenile'sconviction shall be vacated and the court shall dismiss the case with prejudice,except that a conviction under RCW 16.52.205 shall not be vacated. Whenevera case is dismissed with restitution still owing, the court shall enter a restitutionorder pursuant to RCW 13.40.190 for any unpaid restitution. Jurisdiction toenforce payment and modify terms of the restitution order shall be the same asthose set forth in RCW 13.40.190.

(c) If the court finds the juvenile is not entitled to dismissal of the deferreddisposition pursuant to (a) of this subsection, the court shall revoke the deferreddisposition and enter an order of disposition. A deferred disposition shall remaina conviction unless the case is dismissed and the conviction is vacated pursuantto (b) of this subsection or sealed pursuant to RCW 13.50.050.

(10)(a) ((Records of deferred disposition cases vacated under subsection (9)of this section shall be sealed no later than thirty days after the juvenile'seighteenth birthday provided that the juvenile does not have any charges pending


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at that time. If a juvenile has already reached his or her eighteenth birthdaybefore July 26, 2009, and does not have any charges pending, he or she mayrequest that the court issue an order sealing the records of his or her deferreddisposition cases vacated under subsection (9) of this section, and this requestshall be granted.)) (i) Any time the court vacates a conviction pursuant tosubsection (9) of this section, if the juvenile is eighteen years of age or older andthe full amount of restitution ordered has been paid, the court shall enter awritten order sealing the case.

(ii) Any time the court vacates a conviction pursuant to subsection (9) ofthis section, if the juvenile is not eighteen years of age or older and fullrestitution ordered has been paid, the court shall schedule an administrativesealing hearing to take place no later than thirty days after the respondent'seighteenth birthday, at which time the court shall enter a written order sealing thecase. The respondent's presence at the administrative sealing hearing is notrequired.

(iii) Any deferred disposition vacated prior to the effective date of thissection is not subject to sealing under this subsection.

(b) Nothing in this subsection shall preclude a juvenile from petitioning thecourt to have the records of his or her deferred dispositions sealed under RCW13.50.050 (11) and (12).

(((b))) (c) Records sealed under this provision shall have the same legalstatus as records sealed under RCW 13.50.050.

Sec. 2. RCW 13.50.050 and 2011 c 338 s 4 and 2011 c 333 s 4 are eachreenacted and amended to read as follows:

(1) This section governs records relating to the commission of juvenileoffenses, including records relating to diversions.

(2) The official juvenile court file of any alleged or proven juvenile offendershall be open to public inspection, unless sealed pursuant to subsection (12) ofthis section.

(3) All records other than the official juvenile court file are confidential andmay be released only as provided in this section, RCW 13.50.010, 13.40.215,and 4.24.550.

(4) Except as otherwise provided in this section and RCW 13.50.010,records retained or produced by any juvenile justice or care agency may bereleased to other participants in the juvenile justice or care system only when aninvestigation or case involving the juvenile in question is being pursued by theother participant or when that other participant is assigned the responsibility forsupervising the juvenile.

(5) Except as provided in RCW 4.24.550, information not in an officialjuvenile court file concerning a juvenile or a juvenile's family may be released tothe public only when that information could not reasonably be expected toidentify the juvenile or the juvenile's family.

(6) Notwithstanding any other provision of this chapter, the release, to thejuvenile or his or her attorney, of law enforcement and prosecuting attorneys'records pertaining to investigation, diversion, and prosecution of juvenileoffenses shall be governed by the rules of discovery and other rules of lawapplicable in adult criminal investigations and prosecutions.

(7) Upon the decision to arrest or the arrest, law enforcement andprosecuting attorneys may cooperate with schools in releasing information to a


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school pertaining to the investigation, diversion, and prosecution of a juvenileattending the school. Upon the decision to arrest or the arrest, incident reportsmay be released unless releasing the records would jeopardize the investigationor prosecution or endanger witnesses. If release of incident reports wouldjeopardize the investigation or prosecution or endanger witnesses, lawenforcement and prosecuting attorneys may release information to the maximumextent possible to assist schools in protecting other students, staff, and schoolproperty.

(8) The juvenile court and the prosecutor may set up and maintain a centralrecordkeeping system which may receive information on all alleged juvenileoffenders against whom a complaint has been filed pursuant to RCW 13.40.070whether or not their cases are currently pending before the court. The centralrecordkeeping system may be computerized. If a complaint has been referred toa diversion unit, the diversion unit shall promptly report to the juvenile court orthe prosecuting attorney when the juvenile has agreed to diversion. An offenseshall not be reported as criminal history in any central recordkeeping systemwithout notification by the diversion unit of the date on which the offenderagreed to diversion.

(9) Upon request of the victim of a crime or the victim's immediate family,the identity of an alleged or proven juvenile offender alleged or found to havecommitted a crime against the victim and the identity of the alleged or provenjuvenile offender's parent, guardian, or custodian and the circumstance of thealleged or proven crime shall be released to the victim of the crime or thevictim's immediate family.

(10) Subject to the rules of discovery applicable in adult criminalprosecutions, the juvenile offense records of an adult criminal defendant orwitness in an adult criminal proceeding shall be released upon request toprosecution and defense counsel after a charge has actually been filed. Thejuvenile offense records of any adult convicted of a crime and placed under thesupervision of the adult corrections system shall be released upon request to theadult corrections system.

(11) In any case in which an information has been filed pursuant to RCW13.40.100 or a complaint has been filed with the prosecutor and referred fordiversion pursuant to RCW 13.40.070, the person the subject of the informationor complaint may file a motion with the court to have the court vacate its orderand findings, if any, and, subject to subsection (23) of this section, order thesealing of the official juvenile court file, the social file, and records of the courtand of any other agency in the case.

(12)(a) The court shall not grant any motion to seal records for class Aoffenses made pursuant to subsection (11) of this section that is filed on or afterJuly 1, 1997, unless:

(i) Since the last date of release from confinement, including full-timeresidential treatment, if any, or entry of disposition, the person has spent fiveconsecutive years in the community without committing any offense or crimethat subsequently results in an adjudication or conviction;

(ii) No proceeding is pending against the moving party seeking theconviction of a juvenile offense or a criminal offense;

(iii) No proceeding is pending seeking the formation of a diversionagreement with that person;


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(iv) The person is no longer required to register as a sex offender underRCW 9A.44.130 or has been relieved of the duty to register under RCW9A.44.143 if the person was convicted of a sex offense;

(v) The person has not been convicted of rape in the first degree, rape in thesecond degree, or indecent liberties that was actually committed with forciblecompulsion; and

(vi) Full restitution has been paid.(b) The court shall not grant any motion to seal records for class B, C, gross

misdemeanor and misdemeanor offenses and diversions made under subsection(11) of this section unless:

(i) Since the date of last release from confinement, including full-timeresidential treatment, if any, entry of disposition, or completion of the diversionagreement, the person has spent two consecutive years in the community withoutbeing convicted of any offense or crime;

(ii) No proceeding is pending against the moving party seeking theconviction of a juvenile offense or a criminal offense;

(iii) No proceeding is pending seeking the formation of a diversionagreement with that person;

(iv) The person is no longer required to register as a sex offender underRCW 9A.44.130 or has been relieved of the duty to register under RCW9A.44.143 if the person was convicted of a sex offense; and

(v) Full restitution has been paid.(c) Notwithstanding the requirements in (a) or (b) of this subsection, the

court shall grant any motion to seal records of any deferred disposition vacatedunder RCW 13.40.127(9) prior to the effective date of this section if restitutionhas been paid and the person is eighteen years of age or older at the time of themotion.

(13) The person making a motion pursuant to subsection (11) of this sectionshall give reasonable notice of the motion to the prosecution and to any personor agency whose files are sought to be sealed.

(14)(a) If the court grants the motion to seal made pursuant to subsection(11) of this section, it shall, subject to subsection (23) of this section, ordersealed the official juvenile court file, the social file, and other records relating tothe case as are named in the order. Thereafter, the proceedings in the case shallbe treated as if they never occurred, and the subject of the records may replyaccordingly to any inquiry about the events, records of which are sealed. Anyagency shall reply to any inquiry concerning confidential or sealed records thatrecords are confidential, and no information can be given about the existence ornonexistence of records concerning an individual.

(b) In the event the subject of the juvenile records receives a full andunconditional pardon, the proceedings in the matter upon which the pardon hasbeen granted shall be treated as if they never occurred, and the subject of therecords may reply accordingly to any inquiry about the events upon which thepardon was received. Any agency shall reply to any inquiry concerning therecords pertaining to the events for which the subject received a pardon thatrecords are confidential, and no information can be given about the existence ornonexistence of records concerning an individual.

(15) Inspection of the files and records included in the order to seal maythereafter be permitted only by order of the court upon motion made by the


[ 1270 ]

person who is the subject of the information or complaint, except as otherwiseprovided in RCW 13.50.010(8) and subsection (23) of this section.

(16) Any adjudication of a juvenile offense or a crime subsequent to sealinghas the effect of nullifying the sealing order. Any charging of an adult felonysubsequent to the sealing has the effect of nullifying the sealing order for thepurposes of chapter 9.94A RCW. The administrative office of the courts shallensure that the superior court judicial information system provides prosecutorsaccess to information on the existence of sealed juvenile records.

(17)(a)(i) Subject to subsection (23) of this section, all records maintainedby any court or law enforcement agency, including the juvenile court, local lawenforcement, the Washington state patrol, and the prosecutor's office, shall beautomatically destroyed within ninety days of becoming eligible for destruction.Juvenile records are eligible for destruction when:

(A) The person who is the subject of the information or complaint is at leasteighteen years of age;

(B) His or her criminal history consists entirely of one diversion agreementor counsel and release entered on or after June 12, 2008;

(C) Two years have elapsed since completion of the agreement or counseland release;

(D) No proceeding is pending against the person seeking the conviction of acriminal offense; and

(E) There is no restitution owing in the case.(ii) No less than quarterly, the administrative office of the courts shall

provide a report to the juvenile courts of those individuals whose records may beeligible for destruction. The juvenile court shall verify eligibility and notify theWashington state patrol and the appropriate local law enforcement agency andprosecutor's office of the records to be destroyed. The requirement to destroyrecords under this subsection is not dependent on a court hearing or the issuanceof a court order to destroy records.

(iii) The state and local governments and their officers and employees arenot liable for civil damages for the failure to destroy records pursuant to thissection.

(b) All records maintained by any court or law enforcement agency,including the juvenile court, local law enforcement, the Washington state patrol,and the prosecutor's office, shall be automatically destroyed within thirty days ofbeing notified by the governor's office that the subject of those records receiveda full and unconditional pardon by the governor.

(c) A person eighteen years of age or older whose criminal history consistsentirely of one diversion agreement or counsel and release entered prior to June12, 2008, may request that the court order the records in his or her casedestroyed. The request shall be granted, subject to subsection (23) of thissection, if the court finds that two years have elapsed since completion of theagreement or counsel and release.

(d) A person twenty-three years of age or older whose criminal historyconsists of only referrals for diversion may request that the court order therecords in those cases destroyed. The request shall be granted, subject tosubsection (23) of this section, if the court finds that all diversion agreementshave been successfully completed and no proceeding is pending against theperson seeking the conviction of a criminal offense.


[ 1271 ]

(18) If the court grants the motion to destroy records made pursuant tosubsection (17)(c) or (d) of this section, it shall, subject to subsection (23) of thissection, order the official juvenile court file, the social file, and any other recordsnamed in the order to be destroyed.

(19) The person making the motion pursuant to subsection (17)(c) or (d) ofthis section shall give reasonable notice of the motion to the prosecuting attorneyand to any agency whose records are sought to be destroyed.

(20) Any juvenile to whom the provisions of this section may apply shall begiven written notice of his or her rights under this section at the time of his or herdisposition hearing or during the diversion process.

(21) Nothing in this section may be construed to prevent a crime victim or amember of the victim's family from divulging the identity of the alleged orproven juvenile offender or his or her family when necessary in a civilproceeding.

(22) Any juvenile justice or care agency may, subject to the limitations insubsection (23) of this section and (a) and (b) of this subsection, developprocedures for the routine destruction of records relating to juvenile offenses anddiversions.

(a) Records may be routinely destroyed only when the person the subject ofthe information or complaint has attained twenty-three years of age or older orpursuant to subsection (17)(a) of this section.

(b) The court may not routinely destroy the official juvenile court file orrecordings or transcripts of any proceedings.

(23) Except for subsection (17)(b) of this section, no identifying informationheld by the Washington state patrol in accordance with chapter 43.43 RCW issubject to destruction or sealing under this section. For the purposes of thissubsection, identifying information includes photographs, fingerprints,palmprints, soleprints, toeprints and any other data that identifies a person byphysical characteristics, name, birthdate or address, but does not includeinformation regarding criminal activity, arrest, charging, diversion, conviction orother information about a person's treatment by the criminal justice system orabout the person's behavior.

(24) Information identifying child victims under age eighteen who arevictims of sexual assaults by juvenile offenders is confidential and not subject torelease to the press or public without the permission of the child victim or thechild's legal guardian. Identifying information includes the child victim's name,addresses, location, photographs, and in cases in which the child victim is arelative of the alleged perpetrator, identification of the relationship between thechild and the alleged perpetrator. Information identifying a child victim ofsexual assault may be released to law enforcement, prosecutors, judges, defenseattorneys, or private or governmental agencies that provide services to the childvictim of sexual assault.

Sec. 3. RCW 13.40.180 and 2002 c 175 s 24 are each amended to read asfollows:

(1) Where a disposition in a single disposition order is imposed on a youthfor two or more offenses, the terms shall run consecutively, subject to thefollowing limitations:

(((1))) (a) Where the offenses were committed through a single act oromission, omission, or through an act or omission which in itself constituted one


[ 1272 ]

of the offenses and also was an element of the other, the aggregate of all theterms shall not exceed one hundred fifty percent of the term imposed for themost serious offense;

(((2))) (b) The aggregate of all consecutive terms shall not exceed threehundred percent of the term imposed for the most serious offense; and

(((3))) (c) The aggregate of all consecutive terms of community supervisionshall not exceed two years in length, or require payment of more than twohundred dollars in fines or the performance of more than two hundred hours ofcommunity restitution.

(2) Where disposition in separate disposition orders is imposed on a youth,the periods of community supervision contained in separate orders, if any, shallrun concurrently. All other terms contained in separate disposition orders shallrun consecutively.

Sec. 4. RCW 13.40.0357 and 2008 c 230 s 3 and 2008 c 158 s 1 are eachreenacted and amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY

JUVENILEDISPOSITIONOFFENSECATEGORY DESCRIPTION (RCW CITATION)

JUVENILE DISPOSITIONCATEGORY FOR

ATTEMPT, BAILJUMP,CONSPIRACY, OR

SOLICITATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arson and Malicious Mischief

A Arson 1 (9A.48.020) B+B Arson 2 (9A.48.030) CC Reckless Burning 1 (9A.48.040) DD Reckless Burning 2 (9A.48.050) EB Malicious Mischief 1 (9A.48.070) CC Malicious Mischief 2 (9A.48.080) DD Malicious Mischief 3 (9A.48.090(((2) (a)

and (c)))) E((E Malicious Mischief 3 (9A.48.090(2)(b)) E))E Tampering with Fire Alarm Apparatus

(9.40.100) EE Tampering with Fire Alarm Apparatus with

Intent to Commit Arson (9.40.105) EA Possession of Incendiary Device (9.40.120) B+

Assault and Other Crimes Involving Physical Harm

A Assault 1 (9A.36.011) B+B+ Assault 2 (9A.36.021) C+C+ Assault 3 (9A.36.031) D+D+ Assault 4 (9A.36.041) EB+ Drive-By Shooting (9A.36.045) C+D+ Reckless Endangerment (9A.36.050) EC+ Promoting Suicide Attempt (9A.36.060) D+D+ Coercion (9A.36.070) E


[ 1273 ]

C+ Custodial Assault (9A.36.100) D+Burglary and Trespass

B+ Burglary 1 (9A.52.020) C+B Residential Burglary (9A.52.025) CB Burglary 2 (9A.52.030) CD Burglary Tools (Possession of) (9A.52.060) ED Criminal Trespass 1 (9A.52.070) EE Criminal Trespass 2 (9A.52.080) EC Mineral Trespass (78.44.330) CC Vehicle Prowling 1 (9A.52.095) DD Vehicle Prowling 2 (9A.52.100) E

DrugsE Possession/Consumption of Alcohol

(66.44.270) EC Illegally Obtaining Legend Drug

(69.41.020) DC+ Sale, Delivery, Possession of Legend Drug

with Intent to Sell (69.41.030(2)(a)) D+E Possession of Legend Drug

(69.41.030(2)(b)) EB+ Violation of Uniform Controlled Substances

Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))B+

C Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) C

E Possession of Marihuana


[ 1274 ]

C Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012) CFirearms and Weapons

B Theft of Firearm (9A.56.300) CB Possession of Stolen Firearm (9A.56.310) CE Carrying Loaded Pistol Without Permit

(9.41.050) EC Possession of Firearms by Minor (


[ 1275 ]

B+ Rape of a Child 2 (9A.44.076) C+B Incest 1 (9A.64.020(1)) CC Incest 2 (9A.64.020(2)) DD+ Indecent Exposure (Victim


[ 1276 ]

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and thestandard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeksconfinement

2nd escape or attempted escape during 12-month period - 8 weeksconfinement

3rd and subsequent escape or attempted escape during 12-month period - 12weeks confinement2If the court finds that a respondent has violated terms of an order, it may imposea penalty of up to 30 days of confinement.

C Vehicular Assault (46.61.522) DC Attempting to Elude Pursuing Police

Vehicle (46.61.024) DE Reckless Driving (46.61.500) ED Driving While Under the Influence

(46.61.502 and 46.61.504) EB+ Felony Driving While Under the Influence

(46.61.502(6)) BB+ Felony Physical Control of a Vehicle While

Under the Influence (46.61.504(6)) BOther

B Animal Cruelty 1 (16.52.205) CB Bomb Threat (9.61.160) CC Escape 11 (9A.76.110) CC Escape 21 (9A.76.120) CD Escape 3 (9A.76.130) EE Obscene, Harassing, Etc., Phone Calls

(9.61.230) EA Other Offense Equivalent to an Adult Class

A Felony B+B Other Offense Equivalent to an Adult Class

B Felony CC Other Offense Equivalent to an Adult Class

C Felony DD Other Offense Equivalent to an Adult Gross

Misdemeanor EE Other Offense Equivalent to an Adult

Misdemeanor EV Violation of Order of Restitution,

Community Supervision, or Confinement (13.40.200)2 V


[ 1277 ]

JUVENILE SENTENCING STANDARDSThis schedule must be used for juvenile offenders. The court may selectsentencing option A, B, C, D, or RCW 13.40.167.

((OPTION AJUVENILE OFFENDER SENTENCING

GRID STANDARD RANGEA+ 180 WEEKS TO AGE 21 YEARS

A 103 WEEKS TO 129 WEEKS

A- 15-36 52-65 80-100 103-129WEEKS WEEKS WEEKS WEEKSEXCEPT30-40WEEKS FOR15-17YEAR OLDS

Current B+ 15-36 52-65 80-100 103-129Offense WEEKS WEEKS WEEKS WEEKSCategory

B LOCAL 52-65SANCTIONS (LS) 15-36 WEEKS WEEKS

C+ LS 15-36 WEEKS

C LS 15-36 WEEKSLocal Sanctions:0 to 30 Days

D+ LS 0 to 12 Months Community Supervision0 to 150 Hours Community Restitution

D LS $0 to $500 Fine

E LS

0 1 2 3 4or more

PRIOR ADJUDICATIONS))

OPTION AJUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

A+ 180 weeks to age 21 for all category A+ offensesA 103-129 weeks for all category A offensesA- 15-36 weeks

Except 30-40 weeks

for 15 to 17 year olds

52-65 weeks

80-100 weeks

103-129 weeks

103-129 weeks

CURRENT B+ 15-36 weeks 15-36 weeks

52-65 weeks

80-100 weeks

103-129 weeks

OFFENSE B LS LS 15-36 weeks

15-36 weeks 52-65 weeks


[ 1278 ]

NOTE: References in the grid to days or weeks mean periods of confinement."LS" means "local sanctions" as defined in RCW 13.40.020.

(1) The vertical axis of the grid is the current offense category. The currentoffense category is determined by the offense of adjudication.

(2) The horizontal axis of the grid is the number of prior adjudicationsincluded in the juvenile's criminal history. Each prior felony adjudication shallcount as one point. Each prior violation, misdemeanor, and gross misdemeanoradjudication shall count as 1/4 point. Fractional points shall be rounded down.

(3) The standard range disposition for each offense is determined by theintersection of the column defined by the prior adjudications and the row definedby the current offense category.

(4) RCW 13.40.180 applies if the offender is being sentenced for more thanone offense.

(5) A current offense that is a violation is equivalent to an offense categoryof E. However, a disposition for a violation shall not include confinement.

OR

OPTION BSUSPENDED DISPOSITION ALTERNATIVE

(1) If the offender is subject to a standard range disposition involvingconfinement by the department, the court may impose the standard range andsuspend the disposition on condition that the offender comply with one or morelocal sanctions and any educational or treatment requirement. The treatmentprograms provided to the offender must be either research-based best practiceprograms as identified by the Washington state institute for public policy or thejoint legislative audit and review committee, or for chemical dependencytreatment programs or services, they must be evidence-based or research-basedbest practice programs. For the purposes of this subsection:

(a) "Evidence-based" means a program or practice that has had multiple siterandom controlled trials across heterogeneous populations demonstrating thatthe program or practice is effective for the population; and

(b) "Research-based" means a program or practice that has some researchdemonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.

(2) If the offender fails to comply with the suspended disposition, the courtmay impose sanctions pursuant to RCW 13.40.200 or may revoke the suspendeddisposition and order the disposition's execution.

(3) An offender is ineligible for the suspended disposition option under thissection if the offender is:

CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeksC LS LS LS LS 15-36 weeksD+ LS LS LS LS LSD LS LS LS LS LSE LS LS LS LS LS

PRIOR ADJUDICATIONS

0 1 2 3 4 or more


[ 1279 ]

(a) Adjudicated of an A+ offense;(b) Fourteen years of age or older and is adjudicated of one or more of the

following offenses:(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a

class A offense;(ii) Manslaughter in the first degree (RCW 9A.32.060); or(iii) Assault in the second degree (RCW 9A.36.021), extortion in the first

degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030),robbery in the second degree (RCW 9A.56.210), residential burglary (RCW9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting(RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death(RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation ofthe uniform controlled substances act (RCW 69.50.401 (2)(a) and (b)), ormanslaughter 2 (RCW 9A.32.070), when the offense includes infliction ofbodily harm upon another or when during the commission or immediatewithdrawal from the offense the respondent was armed with a deadly weapon;

(c) Ordered to serve a disposition for a firearm violation under RCW13.40.193; or

(d) Adjudicated of a sex offense as defined in RCW 9.94A.030.

OR

OPTION CCHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

If the juvenile offender is subject to a standard range disposition of localsanctions or 15 to 36 weeks of confinement and has not committed an A- or B+offense, the court may impose a disposition under RCW 13.40.160(4) and13.40.165.

OR

OPTION DMANIFEST INJUSTICE

If the court determines that a disposition under option A, B, or C wouldeffectuate a manifest injustice, the court shall impose a disposition outside thestandard range under RCW 13.40.160(2).

Passed by the Senate March 6, 2012.Passed by the House March 2, 2012.Approved by the Governor March 29, 2012.Filed in Office of Secretary of State March 29, 2012.

177 ____________________________________

CHAPTER 178[Engrossed Second Substitute House Bill 2337]

K-12 EDUCATION—OPENLY LICENSED COURSEWARE178 AN ACT Relating to open educational resources in K-12 education; adding a new section tochapter 28A.300 RCW; creating a new section; and providing an expiration date.

Be it enacted by the Legislature of the State of Washington:


[ 1280 ]

NEW SECTION. Sec. 1. The legislature finds the state's recent adoption ofcommon core K-12 standards provides an opportunity to develop a library ofhigh-quality, openly licensed K-12 courseware that is aligned with thesestandards. By developing this library of openly licensed courseware and makingit available to school districts free of charge, the state and school districts will beable to provide students with curricula and texts while substantially reducing theexpenses that districts would otherwise incur in purchasing these materials. Inaddition, this library of openly licensed courseware will provide districts andstudents with a broader selection of materials, and materials that are more up-to-date.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.300 RCWto read as follows:

(1)(a) Subject to availability of amounts appropriated for this specificpurpose, the superintendent of public instruction shall take the lead inidentifying and developing a library of openly licensed courseware aligned withthe common core state standards and placed under an attribution license,registered by a nonprofit or for-profit organization with domain expertise inopen courseware, that allows others to use, distribute, and create derivativeworks based upon the digital material, while still allowing the authors or creatorsto retain the copyright and to receive credit for their efforts.

(b) During the course of identification and development of a library ofopenly licensed courseware, the superintendent:

(i) May contract with third parties for all or part of the development;(ii) May adopt or adapt existing high quality openly licensed K-12

courseware aligned with the common core state standards;(iii) May consider multiple sources of openly licensed courseware;(iv) Must use best efforts to seek additional outside funding by actively

partnering with private organizations;(v) Must work collaboratively with other states that have adopted the

common core state standards and collectively share results; and(vi) Must include input from classroom practitioners, including teacher-

librarians as defined by RCW 28A.320.240, in the results reported undersubsection (2)(d) of this section.

(2) The superintendent of public instruction must also:(a) Advertise to school districts the availability of openly licensed

courseware, with an emphasis on the fact that the courseware is available at nocost to the districts;

(b) Identify an open courseware repository to which openly licensedcourseware identified and developed under this section may be submitted, inwhich openly licensed courseware may be housed, and from which openlylicensed courseware may be easily accessed, all at no cost to school districts;

(c) Provide professional development programs that offer support, guidance,and instruction regarding the creation, use, and continuous improvement of opencourseware; and

(d) Report to the governor and the education committees of the legislatureon a biennial basis, beginning December 1, 2013, and ending December 1, 2017,regarding identification and development of a library of openly licensedcourseware aligned with the common core state standards and placed under an


[ 1281 ]

attribution license, use by school districts of openly licensed courseware, andprofessional development programs provided.

(3) School districts may, but are not required to, use any of the openlylicensed courseware.

(4) As used in this section, "courseware" includes the course syllabus, scopeand sequence, instructional materials, modules, textbooks, including theteacher's edition, student guides, supplemental materials, formative andsummative assessment supports, research articles, research data, laboratoryactivities, simulations, videos, open-ended inquiry activities, and any othereducationally useful materials.

(5) The open educational resources account is created in the custody of thestate treasurer. All receipts from funds collected under this section must bedeposited into the account. Expenditures from the account may be used only forthe development of openly licensed courseware as described in this section.Only the superintendent of public instruction or the superintendent's designeemay authorize expenditures from the account. The account is subject toallotment procedures under chapter 43.88 RCW, but an appropriation is notrequired for expenditures.

(6) This section expires June 30, 2018.Passed by the House March 5, 2012.Passed by the Senate February 29, 2012.Approved by the Governor March 29, 2012.Filed in Office of Secretary of State March 29, 2012.

178 ____________________________________

CHAPTER 179[Engrossed Substitute House Bill 2347]

SPRING BLADE KNIVES—POSSESSION179 AN ACT Relating to the possession of spring blade knives; amending RCW 9.41.250; addinga new section to chapter 9.41 RCW; and prescribing penalties.


follows:(1) Every person who:(a) Manufactures, sells, or disposes of or possesses any instrument or

weapon of the kind usually known as slung shot, sand club, or metal knuckles, orspring blade knife((, or any knife the blade of which is automatically released bya spring mechanism or other mechanical device, or any knife having a bladewhich opens, or falls, or is ejected into position by the force of gravity, or by anoutward, downward, or centrifugal thrust or movement));

(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or otherdangerous weapon; or

(c) Uses any contrivance or device for suppressing the noise of any firearmunless the suppressor is legally registered and possessed in accordance withfederal law,is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

(2) ((Subsection (1)(a) of this section does not apply to:


[ 1282 ]

(a) The possession of a spring blade knife by a law enforcement officerwhile the officer:

(i) Is on official duty; or(ii) Is transporting the knife to or from the place where the knife is stored

when the officer is not on official duty; or(b) The storage of a spring blade knife by a law enforcement officer.))

"Spring blade knife" means any knife, including a prototype, model, or othersample, with a blade that is automatically released by a spring mechanism orother mechanical device, or any knife having a blade which opens, or falls, or isejected into position by the force of gravity, or by an outward, downward, orcentrifugal thrust or movement. A knife that contains a spring, detent, or othermechanism designed to create a bias toward closure of the blade and thatrequires physical exertion applied to the blade by hand, wrist, or arm toovercome the bias toward closure to assist in opening the knife is not a springblade knife.

NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW toread as follows:

(1) RCW 9.41.250 does not apply to:(a) The possession or use of a spring blade knife by a general authority law

enforcement officer, firefighter or rescue member, Washington state patrolofficer, or military member, while the officer or member:

(i) Is on official duty; or(ii) Is transporting a spring blade knife to or from the place where the knife

is stored when the officer or member is not on official duty; or(iii) Is storing a spring blade knife;(b) The manufacture, sale, transportation, transfer, distribution, or

possession of spring blade knives pursuant to contract with a general authoritylaw enforcement agency, fire or rescue agency, Washington state patrol, ormilitary service, or pursuant to a contract with another manufacturer or acommercial distributor of knives for use, sale, or other disposition by themanufacturer or commercial distributor;

(c) The manufacture, transportation, transfer, distribution, or possession ofspring blade knives, with or without compensation and with or without acontract, solely for trial, test, or other provisional use for evaluation andassessment purposes, by a general authority law enforcement agency, fire orrescue agency, Washington state patrol, military service, or a manufacturer orcommercial distributor of knives.

(2) For the purposes of this section:(a) "Military member" means an active member of the United States

military or naval forces, or a Washington national guard member called to activeduty or during training.

(b) "General law enforcement agency" means any agency, department, ordivision of a municipal corporation, political subdivision, or other unit of localgovernment of this state or any other state, and any agency, department, ordivision of any state government, having as its primary function the detectionand apprehension of persons committing infractions or violating the traffic orcriminal laws in general.

(c) "General law enforcement officer" means any person who iscommissioned and employed by an employer on a full-time, fully compensated


[ 1283 ]

basis to enforce the criminal laws of the state of Washington generally. Noperson who is serving in a position that is basically clerical or secretarial innature, or who is not commissioned shall be considered a law enforcementofficer.

(d) "Fire or rescue agency" means any agency, department, or division of amunicipal corporation, political subdivision, or other unit of local government ofthis state or any other state, and any agency, department, or division of any stategovernment, having as its primary function the prevention, control, orextinguishment of fire or provision of emergency medical services or rescueactions for persons.

(e) "Firefighter or rescue member" means any person who is serving on afull-time, fully compensated basis as a member of a fire or rescue agency toprevent, control, or extinguish fire or provide emergency medical services orrescue actions for persons. No person who is serving in a position that isbasically clerical or secretarial in nature shall be considered a firefighter orrescue member.

(f) "Military service" means the active, reserve, or national guardcomponents of the United States military, including the army, navy, air force,marines, and coast guard.

Passed by the House March 5, 2012.Passed by the Senate March 1, 2012.Approved by the Governor March 29, 2012.Filed in Office of Secretary of State March 29, 2012.

179 ____________________________________

CHAPTER 180[Substitute House Bill 2357]

SALES AND USE TAX—CHEMICAL DEPENDENCY,MENTAL HEALTH TREATMENT, THERAPEUTIC COURTS

180 AN ACT Relating to sales and use tax for chemical dependency, mental health treatment, andtherapeutic courts; and amending RCW 82.14.460.


follows:(1)(a) A county legislative authority may authorize, fix, and impose a sales

and use tax in accordance with the terms of this chapter.(b) If a county with a population over eight hundred thousand has not

imposed the tax authorized under this subsection by January 1, 2011, any citywith a population over thirty thousand located in that county may authorize, fix,and impose the sales and use tax in accordance with the terms of this chapter.The county must provide a credit against its tax for the full amount of taximposed under this subsection (1)(b) by any city located in that county if thecounty imposes the tax after January 1, 2011.

(2) The tax authorized in this section is in addition to any other taxesauthorized by law and must be collected from those persons who are taxable bythe state under chapters 82.08 and 82.12 RCW upon the occurrence of anytaxable event within the county for a county's tax and within a city for a city's


[ 1284 ]

tax. The rate of tax equals one-tenth of one percent of the selling price in thecase of a sales tax, or value of the article used, in the case of a use tax.

(3) Moneys collected under this section must be used solely for the purposeof providing for the operation or delivery of chemical dependency or mentalhealth treatment programs and services and for the operation or delivery oftherapeutic court programs and services. For the purposes of this section,"programs and services" includes, but is not limited to, treatment services, casemanagement, and housing that are a component of a coordinated chemicaldependency or mental health treatment program or service.

(4) All moneys collected under this section must be used solely for thepurpose of providing new or expanded programs and services as provided in thissection, except as follows:

(a) For a county with a population larger than twenty-five thousand or a citywith a population over thirty thousand, which initially imposed the taxauthorized under this section prior to January 1, 2012, a portion of moneyscollected under this section may be used to supplant existing funding for thesepurposes as follows: Up to fifty percent may be used to supplant existingfunding in calendar years 2011-2012; up to forty percent may be used tosupplant existing funding in calendar year 2013; up to thirty percent may be usedto supplant existing funding in calendar year 2014; up to twenty percent may beused to supplant existing funding in calendar year 2015; and up to ten percentmay be used to supplant existing funding in calendar year 2016;

(b) For a county with a population larger than twenty-five thousand or a citywith a population over thirty thousand, which initially imposes the taxauthorized under this section after December 31, 2011, a portion of moneyscollected under this section may be used to supplant existing funding for thesepurposes as follows: Up to fifty percent may be used to supplant existingfunding for up to the first three calendar years following adoption; and up totwenty-five percent may be used to supplant existing funding for the fourth andfifth years after adoption;

(c) For a county with a population of less than twenty-five thousand, aportion of moneys collected under this section may be used to supplant existingfunding for these purposes as follows: Up to eighty percent may be used tosupplant existing funding in calendar years 2011-2012; up to sixty percent maybe used to supplant existing funding in calendar year 2013; up to forty percentmay be used to supplant existing funding in calendar year 2014; up to twentypercent may be used to supplant existing funding in calendar year 2015; and upto ten percent may be used to supplant existing funding in calendar year 2016;and

(((c) Notwithstanding (a) and (b))) (d) Notwithstanding (a) through (c) ofthis subsection, moneys collected under this section may be used to support thecost of the judicial officer and support staff of a therapeutic court.

(5) Nothing in this section may be interpreted to prohibit the use of moneyscollected under this section for the replacement of lapsed federal fundingpreviously provided for the operation or delivery of services and programs asprovided in this section.

Passed by the House March 8, 2012.Passed by the Senate March 8, 2012.


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Approved by the Governor March 29, 2012.Filed in Office of Secretary of State March 29, 2012.

180 ____________________________________

CHAPTER 181[Engrossed Substitute House Bill 2366]

SUICIDE ASSESSMENT, TREATMENT, AND MANAGEMENT181 AN ACT Relating to requiring certain health professionals to complete education in suicideassessment, treatment, and management; adding a new section to chapter 43.70 RCW; and creatingnew sections.

Be it enacted by the Legislature of the State of Washington:NEW SECTION. Sec. 1. (1) The legislature finds that:(a) According to the centers for disease control and prevention:(i) In 2008, more than thirty-six thousand people died by suicide in the

United States, making it the tenth leading cause of death nationally.(ii) During 2007-2008, an estimated five hundred sixty-nine thousand

people visited hospital emergency departments with self-inflicted injuries in theUnited States, seventy percent of whom had attempted suicide.

(iii) During 2008-2009, the average percentages of adults who thought,planned, or attempted suicide in Washington were higher than the nationalaverage.

(b) According to a national study, veterans face an elevated risk of suicide ascompared to the general population, more than twice the risk among maleveterans. Another study has indicated a positive correlation betweenposttraumatic stress disorder and suicide.

(i) Washington state is home to more than sixty thousand men and womenwho have deployed in support of the wars in Iraq and Afghanistan.

(ii) Research continues on how the effects of wartime service and injuriessuch as traumatic brain injury, posttraumatic stress disorder, or other service-related conditions, may increase the number of veterans who attempt suicide.

(iii) As more men and women separate from the military and transition backinto civilian life, community mental health providers will become a vitalresource to help these veterans and their families deal with issues that may arise.

(c) Suicide has an enormous impact on the family and friends of the victimas well as the community as a whole.

(d) Approximately ninety percent of people who die by suicide had adiagnosable psychiatric disorder at the time of death. Most suicide victimsexhibit warning signs or behaviors prior to an attempt.

(e) Improved training and education in suicide assessment, treatment, andmanagement has been recommended by a variety of organizations, including theUnited States department of health and human services and the institute ofmedicine.

(2) It is therefore the intent of the legislature to help lower the suicide rate inWashington by requiring certain health professionals to complete training insuicide assessment, treatment, and management as part of their continuingeducation, continuing competency, or recertification requirements.

(3) The legislature does not intend to expand or limit the existing scope ofpractice of any health professional affected by this act.


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NEW SECTION. Sec. 2. A new section is added to chapter 43.70 RCW toread as follows:

(1)(a) Beginning January 1, 2014, each of the following professionalscertified or licensed under Title 18 RCW shall, at least once every six years,complete a training program in suicide assessment, treatment, and managementthat is approved, in rule, by the relevant disciplining authority:

(i) An adviser or counselor certified under chapter 18.19 RCW;(ii) A chemical dependency professional licensed under chapter 18.205

RCW;(iii) A marriage and family therapist licensed under chapter 18.225 RCW;(iv) A mental health counselor licensed under chapter 18.225 RCW;(v) An occupational therapy practitioner licensed under chapter 18.59

RCW;(vi) A psychologist licensed under chapter 18.83 RCW; and(vii) An advanced social worker or independent clinical social worker

licensed under chapter 18.225 RCW.(b) The requirements in (a) of this subsection apply to a person holding a

retired active license for one of the professions in (a) of this subsection.(2)(a)(i) Except as provided in (a)(ii) of this subsection, a professional listed

in subsection (1)(a) of this section must complete the first training required bythis section during the first full continuing education reporting period after theeffective date of this section or the first full continuing education reportingperiod after initial licensure or certification, whichever occurs later.

(ii) A professional listed in subsection (1)(a) of this subsection applying forinitial licensure on or after the effective date of this section may delaycompletion of the first training required by this section for six years after initiallicensure if he or she can demonstrate successful completion of a six-hourtraining program in suicide assessment, treatment, and management that:

(A) Was completed no more than six years prior to the application for initiallicensure; and

(B) Is listed on the best practices registry of the American foundation forsuicide prevention and the suicide prevention resource center.

(3) The hours spent completing a training program in suicide assessment,treatment, and management under this section count toward meeting anyapplicable continuing education or continuing competency requirements foreach profession.

(4)(a) A disciplining authority may, by rule, specify minimum training andexperience that is sufficient to exempt a professional from the trainingrequirements in subsection (1) of this section.

(b) The board of occupational therapy practice may exempt occupationaltherapists from the training requirements of subsection (1) of this section byspecialty, if the specialty in question has only brief or limited patient contact.

(5)(a) The secretary and the disciplining authorities shall workcollaboratively to develop a model list of training programs in suicideassessment, treatment, and management.

(b) When developing the model list, the secretary and the discipliningauthorities shall:

(i) Consider suicide assessment, treatment, and management trainingprograms of at least six hours in length listed on the best practices registry of the


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American foundation for suicide prevention and the suicide prevention resourcecenter; and

(ii) Consult with public and private institutions of higher education, expertsin suicide assessment, treatment, and management, and affected professionalassociations.

(c) The secretary and the disciplining authorities shall report the model listof training programs to the appropriate committees of the legislature no laterthan December 15, 2013.

(6) Nothing in this section may be interpreted to expand or limit the scope ofpractice of any profession regulated under chapter 18.130 RCW.

(7) The secretary and the disciplining authorities affected by this sectionshall adopt any rules necessary to implement this section.

(8) For purposes of this section:(a) "Disciplining authority" has the same meaning as in RCW 18.130.020.(b) "Training program in suicide assessment, treatment, and management"

means an empirically supported training program approved by the appropriatedisciplining authority that contains the following elements: Suicide assessment,including screening and referral, suicide treatment, and suicide management.The disciplining authority may approve a training program that excludes one ofthe elements if the element is inappropriate for the profession in question basedon the profession's scope of practice. A training program that includes onlyscreening and referral elements shall be at least three hours in length. All othertraining programs approved under this section shall be at least six hours inlength.

(9) A state or local government employee is exempt from the requirementsof this section if he or she receives a total of at least six hours of training insuicide assessment, treatment, and management from his or her employer everysix years. For purposes of this subsection, the training may be provided in onesix-hour block or may be spread among shorter training sessions at theemployer's discretion.

(10) An employee of a community mental health agency licensed underchapter 71.24 RCW or a chemical dependency program certified under chapter70.96A RCW is exempt from the requirements of this section if he or shereceives a total of at least six hours of training in suicide assessment, treatment,and management from his or her employer every six years. For purposes of thissubsection, the training may be provided in one six-hour block or may be spreadamong shorter training sessions at the employer's discretion.

NEW SECTION. Sec. 3. (1) The secretary of health shall conduct a studyevaluating the effect of evidence-based suicide assessment, treatment, andmanagement training on the ability of licensed health care professionals toidentify, refer, treat, and manage patients with suicidal ideation. This study shallat a minimum:

(a) Review available research and literature regarding the relationshipbetween licensed health professionals completing training in suicide assessment,treatment, and management and patient suicide rates;

(b) Assess which licensed health professionals are best situated to positivelyinfluence the mental health behavior of individuals with suicidal ideation;

(c) Evaluate the impact of suicide assessment, treatment, and managementtraining on veterans with suicidal ideation; and


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(d) Review curriculum of health profession programs offered at Washingtonstate educational institutions regarding suicide prevention.

(2) In conducting this study the secretary may collaborate with other healthprofession disciplinary boards and commissions, professional associations, andother interested parties.

(3) The secretary shall submit a report to the legislature no later thanDecember 15, 2013, summarizing the findings of this study.

NEW SECTION. Sec. 4. This act may be known and cited as the MattAdler suicide assessment, treatment, and management training act of 2012.

Passed by the House March 3, 2012.Passed by the Senate February 28, 2012.Approved by the Governor March 29, 2012.Filed in Office of Secretary of State March 29, 2012.

181 ____________________________________

CHAPTER 182[Substitute House Bill 2389]

ECONOMIC AND REVENUE FORECASTS—SUBMISSION DATES182 AN ACT Relating to modifying the submission dates for economic and revenue forecasts;amending RCW 82.33.020; and providing an effective date.


follows:(1) Four times each year the supervisor ((shall)) must prepare, subject to the

approval of the economic and revenue forecast council under RCW 82.33.010:(a) An official state economic and revenue forecast;(b) An unofficial state economic and revenue forecast based on optimistic

economic and revenue projections; and(c) An unofficial state economic and revenue forecast based on pessimistic

economic and revenue projections.(2) The supervisor ((shall)) must submit forecasts prepared under this

section, along with any unofficial forecasts provided under RCW 82.33.010, tothe governor and the members of the committees on ways and means and thechairs of the committees on transportation of the senate and house ofrepresentatives, including one copy to the staff of each of the committees, on orbefore November 20th, February 20th in the even-numbered years, March 20thin the odd-numbered years, June ((20th)) 27th, and September ((20th)) 27th. Allforecasts ((shall)) must include both estimated receipts and estimated revenuesin conformance with generally accepted accounting principles as provided byRCW 43.88.037.

(3) All agencies of state government ((shall)) must provide to the supervisorimmediate access to all information relating to economic and revenue forecasts.Revenue collection information ((shall)) must be available to the supervisor thefirst business day following the conclusion of each collection period.

(4) The economic and revenue forecast supervisor and staff ((shall)) mustco-locate and share information, data, and files with the tax research section ofthe department of revenue but ((shall)) may not duplicate the duties andfunctions of one another.


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(5) As part of its forecasts under subsection (1) of this section, thesupervisor ((shall)) must provide estimated revenue from tuition fees as definedin RCW 28B.15.020.

NEW SECTION. Sec. 2. This act takes effect October 1, 2012.Passed by the House February 10, 2012.Passed by the Senate February 29, 2012.Approved by the Governor March 29, 2012.Filed in Office of Secretary of State March 29, 2012.

182 ____________________________________

CHAPTER 183[Second Substitute House Bill 2443]

DRIVING UNDER THE INFLUENCE183 AN ACT Relating to increasing accountability of persons who drive impaired; amendingRCW 2.28.175, 9.94A.475, 9.94A.640, 9.95.210, 9.96.060, 38.52.430, 46.20.308, 46.20.385,46.20.720, 46.20.745, 46.61.5249, 46.61.540, and 43.43.395; reenacting and amending RCW46.61.500 and 46.61.5055; adding a new section to chapter 43.43 RCW; prescribing penalties; andproviding an effective date.


follows:(1) Counties may establish and operate DUI courts. Municipalities may

enter into cooperative agreements with counties that have DUI courts to provideDUI court services.

(2) For the purposes of this section, "DUI court" means a court that hasspecial calendars or dockets designed to achieve a reduction in recidivism ofimpaired driving among nonviolent, alcohol abusing offenders, whether adult orjuvenile, by increasing their likelihood for successful rehabilitation throughearly, continuous, and intense judicially supervised treatment; mandatoryperiodic testing for alcohol use and, if applicable, drug use; and the use ofappropriate sanctions and other rehabilitation services.

(3)(a) Any jurisdiction that seeks a state appropriation to fund a DUI courtprogram must first:

(i) Exhaust all federal funding that is available to support the operations ofits DUI court and associated services; and

(ii) Match, on a dollar-for-dollar basis, state moneys allocated for DUI courtprograms with local cash or in-kind resources. Moneys allocated by the statemust be used to supplement, not supplant, other federal, state, and local funds forDUI court operations and associated services. However, until June 30, 2014, nomatch is required for state moneys expended for the administrative and overheadcosts associated with the operation of a DUI court established as of January 1,2011.

(b) Any ((county)) jurisdiction that establishes a DUI court pursuant to thissection shall establish minimum requirements for the participation of offendersin the program. The DUI court may adopt local requirements that are morestringent than the minimum. The minimum requirements are:

(i) The offender would benefit from alcohol treatment;(ii) The offender has not previously been convicted of a serious violent

offense or sex offense as defined in RCW 9.94A.030, vehicular homicide under


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RCW 46.61.520, vehicular assault under RCW 46.61.522, or an equivalent out-of-state offense; and

(iii) Without regard to whether proof of any of these elements is required toconvict, the offender is not currently charged with or convicted of an offense:

(A) That is a sex offense;(B) That is a serious violent offense;(C) That is vehicular homicide or vehicular assault;(D) During which the defendant used a firearm; or(E) During which the defendant caused substantial or great bodily harm or

death to another person. Sec. 2. RCW 9.94A.475 and 2002 c 290 s 15 are each amended to read as

follows:Any and all recommended sentencing agreements or plea agreements and

the sentences for any and all felony crimes shall be made and retained as publicrecords if the felony crime involves:

(1) Any violent offense as defined in this chapter;(2) Any most serious offense as defined in this chapter;(3) Any felony with a deadly weapon special verdict under RCW

((9.94A.602)) 9.94A.825;(4) Any felony with any deadly weapon enhancements under RCW

9.94A.533 (3) or (4), or both; ((and/or))(5) The felony crimes of possession of a machine gun, possessing a stolen

firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm inthe first or second degree, and/or use of a machine gun in a felony; or

(6) The felony crime of driving a motor vehicle while under the influence ofintoxicating liquor or any drug as defined in RCW 46.61.502, and felonyphysical control of a motor vehicle while under the influence of intoxicatingliquor or any drug as defined in RCW 46.61.504.

Sec. 3. RCW 9.94A.640 and 2006 c 73 s 8 are each amended to read asfollows:

(1) Every offender who has been discharged under RCW 9.94A.637 mayapply to the sentencing court for a vacation of the offender's record ofconviction. If the court finds the offender meets the tests prescribed insubsection (2) of this section, the court may clear the record of conviction by:(a) Permitting the offender to withdraw the offender's plea of guilty and to entera plea of not guilty; or (b) if the offender has been convicted after a plea of notguilty, by the court setting aside the verdict of guilty; and (c) by the courtdismissing the information or indictment against the offender.

(2) An offender may not have the record of conviction cleared if: (a) Thereare any criminal charges against the offender pending in any court of this state oranother state, or in any federal court; (b) the offense was a violent offense asdefined in RCW 9.94A.030; (c) the offense was a crime against persons asdefined in RCW 43.43.830; (d) the offender has been convicted of a new crimein this state, another state, or federal court since the date of the offender'sdischarge under RCW 9.94A.637; (e) the offense is a class B felony and lessthan ten years have passed since the date the applicant was discharged underRCW 9.94A.637; (f) the offense was a class C felony, other than a class C felonydescribed in RCW 46.61.502(6) or 46.61.504(6), and less than five years have


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passed since the date the applicant was discharged under RCW 9.94A.637; or (g)the offense was a class C felony described in RCW 46.61.502(6) or 46.61.504(6)((and less than ten years have passed since the applicant was discharged underRCW 9.94A.637)).

(3) Once the court vacates a record of conviction under subsection (1) ofthis section, the fact that the offender has been convicted of the offense shall notbe included in the offender's criminal history for purposes of determining asentence in any subsequent conviction, and the offender shall be released fromall penalties and disabilities resulting from the offense. For all purposes,including responding to questions on employment applications, an offenderwhose conviction has been vacated may state that the offender has never beenconvicted of that crime. Nothing in this section affects or prevents the use of anoffender's prior conviction in a later criminal prosecution.

Sec. 4. RCW 9.95.210 and 2011 1st sp.s. c 40 s 7 are each amended to readas follows:

(1)(a) Except as provided in (b) of this subsection in granting probation, thesuperior court may suspend the imposition or the execution of the sentence andmay direct that the suspension may continue upon such conditions and for suchtime as it shall designate, not exceeding the maximum term of sentence or twoyears, whichever is longer.

(b) For a defendant sentenced under RCW 46.61.5055, the superior courtmay suspend the imposition or the execution of the sentence and may direct thatthe suspension continue upon such conditions and for such time as the courtshall designate, not to exceed five years. The court shall have continuingjurisdiction and authority to suspend the execution of all or any part of thesentence upon stated terms, including installment payment of fines. A defendantwho has been sentenced, and who then fails to appear for any hearing to addressthe defendant's compliance with the terms of probation when ordered to do so bythe court shall have the term of probation tolled until such time as the defendantmakes his or her presence known to the court on the record. Any time beforeentering an order terminating probation, the court may modify or revoke itsorder suspending the imposition or execution of the sentence if the defendantviolates or fails to carry out any of the conditions of the suspended sentence.

(2) In the order granting probation and as a condition thereof, the superiorcourt may in its discretion imprison the defendant in the county jail for a periodnot exceeding one year and may fine the defendant any sum not exceeding thestatutory limit for the offense committed, and court costs. As a condition ofprobation, the superior court shall require the payment of the penalty assessmentrequired by RCW 7.68.035. The superior court may also require the defendantto make such monetary payments, on such terms as it deems appropriate underthe circumstances, as are necessary: (a) To comply with any order of the courtfor the payment of family support; (b) to make restitution to any person orpersons who may have suffered loss or damage by reason of the commission ofthe crime in question or when the offender pleads guilty to a lesser offense orfewer offenses and agrees with the prosecutor's recommendation that theoffender be required to pay restitution to a victim of an offense or offenses whichare not prosecuted pursuant to a plea agreement; (c) to pay such fine as may beimposed and court costs, including reimbursement of the state for costs ofextradition if return to this state by extradition was required; (d) following


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consideration of the financial condition of the person subject to possibleelectronic monitoring, to pay for the costs of electronic monitoring if thatmonitoring was required by the court as a condition of release from custody or asa condition of probation; (e) to contribute to a county or interlocal drug fund;and (f) to make restitution to a public agency for the costs of an emergencyresponse under RCW 38.52.430, and may require bonds for the faithfulobservance of any and all conditions imposed in the probation.

(3) The superior court shall order restitution in all cases where the victim isentitled to benefits under the crime victims' compensation act, chapter 7.68RCW. If the superior court does not order restitution and the victim of the crimehas been determined to be entitled to benefits under the crime victims'compensation act, the department of labor and industries, as administrator of thecrime victims' compensation program, may petition the superior court within oneyear of imposition of the sentence for entry of a restitution order. Upon receiptof a petition from the department of labor and industries, the superior court shallho

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