Which laws passed during the 2015 Washington State Legislative session impact the Superior Courts and Juvenile Department, and what are those impacts?

A number of bills passed during the 2015 legislative session that impact the Superior Courts or Juvenile Departments.


This answer contains:

  • The Bill number and a link to the complete text of the bill from the Washington State Legislature's Web site.
  • A brief summary of the changes or additions created by the bill.
  • Court Action/Court Impact/Court Awareness section addresses the specific system, code, law table, or form changes due to the bill. Also provided are the related links to updated documentation in the online manuals and links to eService Answers with additional information or instructions related to the bill, if applicable.
  • Effective date of the law.
  • The answer may be updated as additional information becomes available. Updated items will be documented with *** and the Court Impact or Court Awareness item will be highlighted.
  • Select the bill name in the table of contents below to advance directly to the details for the bill. Click the "Return to TOC" link at the bottom of any bill section to return to the top of this answer.
  • Support documents are available at the end of the document.

TABLE OF CONTENTS


Sexual Exploitation of Minor

  • Bill # 2SHB 1281
  • Summary - In addition to penalties under RCW 9.68A.070, a convicted person shall be assessed a fee of $1,000 for each depiction or image of visual or printed matter that constitutes a separate conviction. New Accounting codes are available
  • Court Awareness -New Accounting codes are being implemented. These include:
    • New Remit Group:
      • 72 - Child Rescue/Exploit of Minor
    • New BARS Code:
      • 386.98.04 Child Rescue/Exploit of Minor
    • New AR Type Code:
      • EXM - Child Rescue/Exploit of Minor
  • Effective: July 24, 2015

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Involuntary Outpatient Mental Health Treatment

  • Bill # ESHB 1450
  • Summary - Provides that a person "in need of assisted outpatient mental health treatment" may be committed for involuntary treatment under Ch. 71.05 RCW on an order for less restrictive alternative treatment, and identifies services to be included in the order.  A court may commit for up to one year's treatment if the person was previously committed to a state hospital. The bill reorganizes provisions regarding modification and revocation of less restrictive alternative orders and it identifies mechanisms to enforce compliance.
  • Court Awareness - Current docket codesusing the LRA - Less Restrictive Alternative can be used including:
    • PTLRA - Petition for Less Restrictive Alternative
    • PTMRLRA - Petition to Modify or Revoke Less Restrictive Alternative
    • ORDTLRA - Order of Detention / Less Restrictive Alternative
  • Effective: July 24, 2015

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Concerning the use of JIS by Courts Before Granting Certain Orders

  • Bill #HB 1617
  • Summary - Before granting an order the courts may consult the Judicial Information Systems or any related databases, if available, to determine criminal history or the pendency of other proceedings involving the parties.  In the event the court consults such a database, the court shall disclose that fact to the parties and shall disclose any particular matters relied upon by the court in rendering the decision.  A copy of the document relied upon must be filed, as a confidential document, within the court file, with any confidential contact information such as address, phone numbers, or other information that might disclose the location or whereabouts of any person redacted from the document or documents.
  • Court Knowledge - The bill defines the specific title RCWs to which they apply. For Superior Courts this would be for orders associated with parenting plan under Title 26, letters of guardianship under Title 11, relief under Title 71, relief in a juvenile proceeding under Title 13 or and order of protection, temporary order of protection, or criminal no-contact order under chapter 7.90 (Sexual Assault Protection Orders), 7.92 (Stalking Protection Orders) , 9A.46 (Criminal No Contact Orders), 10.14 (Antiharassment Orders), 10.99 (Domestic Violence No Contact Orders), 26.50 (Domestic Violence Protection Orders), or 26.52 (Foreign Protection Orders) RCWs.
  • Court Awareness -
    • The Pattern Forms Committee developed a JIS Check Confidential Document Cover Sheet that will be available on the Court Forms page of the public website www.courts.wa.gov once published. 
    • A SCOMIS Docket Code has been created: XJCD - JIS Check Confidential Document Cover Sheet - Available July 20, 2015. 
  • Effective: July 24, 2015

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Electronic Monitoring - Home Detention

  • Bill #EHB 1943
  • Summary - This bill redefines home detention to require presence in a private residence 24 hours a day, unless otherwise authorized by the court, and subject to electronic monitoring.  Defines electronic monitoring as tracking the location of a person through technology capable of determining a person's presence or absence at a particular location.  Prohibits the use of home detention for certain offenders who have a prior history of knowingly violating the terms of a home detention program. Requires a supervising agency to establish terms and conditions for electronic monitoring for each individual subject to electronic monitoring and communicate the terms to the monitoring agency.  Requires monitoring agencies to notify the supervising agency of certain violations of electronic monitoring.  Requires private monitoring agencies to have policies for contingency plans and conflicts of interest and meet background check requirements.  Subjects private monitoring agencies to civil penalties for noncompliance with the act. Requires the courts to notify AOC when discontinuing or resuming use of a monitoring agency and requires AOC to transmit this notice to courts statewide.  Prohibits a monitoring agency from monitoring a defendant who is currently awaiting trial for a violence or sex offense unless the defendant's release before trial is secured with a payment of bail.  Prohibits an award of credit toward a sentence for time spent on pretrial electronic monitoring if an offender is convicted of certain offenses.  Provides that a person who knowingly violates the terms of electronic monitoring is guilty of Escape in the 3rd degree.
  • Court Action
    • The Pattern Forms Committee developed a Home Detention Order that will be available on the Court Forms page of the public website www.courts.wa.gov once published. 
    • Docket code - HDOR - Home Detention Order is available to use.
    • The Person Comment Screen (PCMT)will be available to all court levels. This screen allows for the input of the following codes to identify a home detention violation using the following codes:
      • HD1 - Home Detention Non-Technical Violation for use when courts shall not allow HD/EHM in future sentencings.
      • HD2 - Home Detention Technical Violation - for use when the courts may allow HD/EHM again in future sentencings.
    • The presence of these codes on the Person Comment Screen (PCMT) screen will show in both Juvenile and Corrections System (JCS) under the Person Comment menu option as well as in the Judicial Access Browser System (JABS) under the Person tab.
    • A web form is being developed and will be available for courts to notify AOC when discontinuing or resuming use of a monitoring agency. AOC is developing a report to make this information available to courts statewide.
    • A BOXI report is being is being developed that will be available to courts which will show all upcoming hearings in a two week period that have a HD1 or HD2 PCMT code. This answer will be updated with information when the report is available.
  • Court Awareness - Escape in the third degree may now be committed in two ways: (a) escape from custody or (b) knowingly violating the terms of an electronic monitoring program. New Felony C, Gross Misdemeanor and Misdemeanor laws are available including;
    • 9A.76.130 (1)(b) Violate elec monitor program - Gross Misdemeanor changed to Misdemeanor
    • 9A.76.130 (3)(a) One Prior Conviction - Gross Misdemeanor
    • 9A.76.130 (3)(b) 2 or more Convictions - Felony C
  • Effective: July 24, 2015

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Concerning the Distribution of Intimate Images

  • Bill #ESHB 2160
  • Summary - An action can be brought before the court if a person distributes an intimate image of another person intentionally and without consent.  The court shall make a determination, as early as possible, if the plaintiff may use a confidential identity in petition, filings and other documents as part of the action.
  • Court Awareness - A new cause of action for Civil Case Type 2 is identified by this bill.  However, a new Cause Code has NOT been established and it is suggested that the Miscellaneous (MSC) Cause Code be used.  
  • Effective - September 26, 2015   

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Addressing the Limited Liability Company (LLC) Act

  • Bill # SB 5030
  • Summary - Makes substantial changes to the Washington Limited Liability Company Act, chapter 25.12 RCW, as to the formation, governance, and operations of limited liability companies.
  • Court Awareness - AOC is reviewing the current processes for application of changes prior to implementation on January 1st, 2016.
  • Effective: January 1, 2016

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Concerning Court Review of Detention Decisions under the Involuntary Treatment Act

  • Bill #SB 5269
  • Summary - SB 5269 (""Joel's Law"") authorizes an immediate family member, guardian, or conservator to petition the superior court for a person's initial detention when a designated mental health professional decides not to detain a person for involuntary evaluation and treatment or does not to take action within 48 hours on a request to investigate a person.
  • Court Impact
    • A new Cause of Action Codehas been created.
      • MIF - Mental Illness Family Petitions
        This code will allow courts to document when an immediate family member, guardian or conservator of a person is the petitioning party rather than a designated mental health professional. Specific to Case Type 6. Connection Codes used for MI, MIJ, and MIO remain available for use with MIF.
    • The Pattern Forms Committee, with substantial assistance from an ad hoc Joel's Law Petition Workgroup, developed a packet containing the Petition for Initial Detention by Family, Guardian, or Conservator, the Declaration in Support of the Petition for Initial Detention by Family, Guardian, or Conservator, and the Instructions for a Petition for Initial Detention by Family, Guardian, or Conservator. The Packet of forms and instructions are now available on the Court Forms page of the public website www.courts.wa.gov. 
  • Effective: July 24, 2015

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Concerning the Sealing of Juvenile Records and Fines Imposed in Juvenile Cases

  • Bill #SB 5564
  • Summary - Allows courts to seal juvenile records if the person has paid the full amount of restitution owing to the individual victim named in the restitution order. Eliminates various legal financial obligations and other fees for juveniles, except the DNA collection fee and the victim penalty assessment for most serious offenses and sex offenses. Eliminates interest for legal financial obligations for juveniles. This includes appeal and copy fees if requested by the Juvenile. Additionally juveniles may request restitution be converted into community restitution if agreed upon by the juvenile court and the individual owed restitution. In diversion cases, restitution may be modified with concurrence by the diversion unit.
  • Court Impact-
    • A new JCS Condition Code Converted Community Restitution is available to track compliance on converted restitution. Additionally a new compliance status of ""Converted"" is available to be used on established restitution conditions to identify they have been ordered to convert to the new Converted Community Restitution condition.
    • A new SCOMIS Docket Code is available to use.
      • MDAR - Modification of Diversion Agreement Re: Restitution
    • The interest flag on a juvenile offender's A/R Codes will be set to N (No) on July 27th on active cases. Additionally the flag will be turned off for new records.
    • The following JRS Transaction Code description has been changed:
      • 1190 - Fee, Torrens Acct/Water Filing
    • A list of cost fee codes that are no longer applicable will be uploaded and connected to the bottom of this answer of this answer. Online documentation related to A/R Codes for Superior Courts and Cost Fee Codes for District and Municipal Courts will also be updated to reflect those codes that cannot be assessed on juveniles.
    • The Pattern Forms Committee has updated Juvenile Court forms to implement this legislation. The forms are available on the Court Forms page of the public website at www.courts.wa.gov.
  • Effective:  July 24, 2015

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Concerning the Complaint Procedure for the Modification/Termination of a Guardianship

  • Bill #SB 5607
  • Summary - Clarifies the process for an unrepresented person to bring an issue to the court, regarding modification to an existing guardianship and complaints about the conduct of a guardian. New docket codes created specific to the complaint procedure for modification/termination of a guardianship.
  • Court Impact - The following SCOMIS Docket Codesare available to use
    • GC - Guardianship Complaint
    • GCCS - Guardianship Complaint Cover Sheet
    • NTIP - Notice to Incapacitated Person
    • ORGCMT - Order on Guardianship Complaint or Motion
    • The Pattern Forms Committee has developed Guardianship Complaint and court orders. The forms are available on the Court Forms page of the public website www.courts.wa.gov.
  • Effective:  July 24, 2015

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Concerning the Administration of a Statewide Network of Community-Based DV Victim Services

  • Bill #SB 5631
  • Summary - Provides for a statewide network of supportive services, emergency shelter services and advocacy for victims of domestic violence and their dependents. Funded through increases in certain fees.
  • Court Awareness - Accounting changes are being implemented. These include:
    • Changed Trans Codes:
      • 1103 - Fee, Domestic Facilitator Filing
      • 1106 - Fee, Domestic Filing
      • 1152 - Fee, Domestic Facilitator Filing, Not Including JST Surcharge
      • 1153 - Fee, Domestic Filings, Not Including JST Surcharge
      • 1512 - Fee, DV Prevention Surcharge
    • New Trans Code:
      • 1550 - Violation of DV Protection Order SC
    • New BARS Codes:
      • 341.23.52 - Domestic Facilitator Filing Fee
      • 341.23.53 - Domestic Filings
      • 341.23.54 - Domestic Facilitator Filing Fee without JST Surcharge
      • 341.23.55 - Domestic Filings without JST Surcharge
      • 386.89.20 - Fee-DV Prevention Surcharge
      • 38690.16 - Conviction Domestic Violence/Protection Order - SC
    • New AR Type Code:
      • VPO - DV Prevention Account Surcharge - SC
    • AR Type Code with New BARS Codes:
      • FFD - Fee, Domestic Facilitator Filing
      • DOM - Fee, Domestic Filings
      • WFF - Fee, Civil Filing, Not Including JST Surcharge
      • DMW - Fee, Domestic Filing, Not Including JST Surcharge
      • DVS - Fee, DV Surcharge
    • The Pattern Forms Committee updated felony judgement and sentencing and misdemeanor judgement and sentence forms to implement this legislation. The forms will be available on the Court Forms page of the public website www.courts.wa.gov once published.
    • This answer will be updated and a list of pattern forms will be attached to this answer once they are completed and available to use, prior to the implementation date.
  • Effective: July 24, 2015

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Allowing Counties to Create Guardianship Courthouse Facilitator Programs

  • Bill #SB 5647
  • Summary - Permits counties to create guardianship courthouse facilitator programs to provide basic services to litigants who represent themselves in guardianship matters. Permits the legislative authority of any county to impose user fees, surcharges, or both, on certain cases filed in superior court in order to pay for guardianship courthouse facilitator programs.
  • Court Awareness -Accounting changes are being implemented. These include:
    • New Trans Codes:
      • 1548 - Fee, Guardianship Facilitator
      • 1549 - Surcharge, Guardianship Facilitator
    • New Remit Group:
      • 66 Guardianship Facilitator Fee/Surcharge - LOCAL
    • New BARS Codes:
      • 345.10.08 - Guardian Facilitator Fee/Surcharge
      • 345.10.09 - Guardian Facilitator User Fee
      • 345.10.10 - Guardian Facilitator Surcharge
    • New AR Type Codes:
      • GUF - Fee, Guardianship Facilitator
      • GSC - Surcharge, Guardianship Facilitator
  • Effective: July 24, 2015

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Trafficking of Persons

  • Bill # SB 5884
  • Summary - Every establishment that maintains public use restrooms may voluntarily post a notice, within clear view of the public and employees, providing contact information for assistance.  The model notice is to be developed and approved by the Office of Crime Victim's Advocacy.
  • Court Impact - There is no system impact to the courts.
  • Effective: May 14, 2015

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Competency Evaluations and Restoration Services

  • Bill #SB 5889
  • Summary - This bill creates performance targets and maximum time limits for state hospitals for the provision of competency-related evaluations and restoration services.
  • Court Awareness - 
    • To extend an offer of admission to a defendant in pretrial custody for legally authorized evaluation services related to competency or to extend an offer of admission for legally authorized services following dismissal of charges based on incompetence to proceed or stand trial - Performance target of 7 days or less AND maximum time limit of 14 days.
    • To extend an offer of admission to a defendant in pretrial custody for legally authorized inpatient restoration treatment related to competency.  Performance target of 7 days or less AND maximum time limit of 14 days.
    • Completion of competency evaluation in jail and distribution of the evaluation report for a defendant in pretrial custody. Performance target of 7 days or less AND maximum time limit of 14 days, PLUS an additional 7 days extension, if needed for clinical reasons, to complete the evaluation at the determination of the department.
    • Performance targets and maximum time limits run from the date the state hospital receives all of the following:
      • Court referral and charging document's
      • Discovery
      • Police Reports
      • Names and addresses of attorneys for defendant and state/city
      • Name of the judge ordering the evaluation
      • Information about the alleged crime
      • Defendant Case History information
    • Maximum time limits shall be phased in over a 1-year period beginning July 1, 2015.
  • Effective: July 24, 2015

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Statewide Training Program on Human Trafficking

  • Bill #SB 5933
  • Summary - This bill directs the Office of Crime Victims Advocacy to establish a statewide training program for criminal justice personnel regarding Washington's human trafficking laws.  An entity that has experience in developing training, programs, and policy on human trafficking is to provide and coordinate training for law enforcement, prosecutors and court personnel. 
  • Effective: July 24, 2015

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