(1) The Washington domestic violence risk assessment work group is established to study how and when risk assessment can best be used to improve the response to domestic violence offenders and victims and find effective strategies to reduce domestic violence homicides, serious injuries, and recidivism that are a result of domestic violence incidents in Washington state.
(2)(a) The Washington state gender and justice commission, in collaboration with the Washington state coalition against domestic violence and the Washington State University criminal justice program, shall coordinate the work group and provide staff support.
(b) The work group must include a representative from each of the following organizations:
(i) The Washington state gender and justice commission;
(ii) The department of corrections;
(iii) The department of social and health services;
(iv) The Washington association of sheriffs and police chiefs;
(v) The superior court judges' association;
(vi) The district and municipal court judges' association;
(vii) The Washington state association of counties;
(viii) The Washington association of prosecuting attorneys;
(ix) The Washington defender association;
(x) The Washington association of criminal defense lawyers;
(xi) The Washington state association of cities;
(xii) The Washington state coalition against domestic violence;
(xiii) The Washington state office of civil legal aid; and
(xiv) The family law section of the Washington state bar association.
(c) The work group must additionally include representation from:
(i) Treatment providers;
(ii) City law enforcement;
(iii) County law enforcement;
(iv) Court administrators; and
(v) Domestic violence victims or family members of a victim.
(3)(a) For its initial report in 2018, the work group shall research, review, and make recommendations on the following:
(i) How to best develop and use risk assessment in domestic violence response utilizing available research and Washington state data;
(ii) Providing effective strategies for incorporating risk assessment in domestic violence response to reduce deaths, serious injuries, and recidivism due to domestic violence;
(iii) Promoting access to domestic violence risk assessment for advocates, police, prosecutors, corrections, and courts to improve domestic violence response;
(iv) Whether or how risk assessment could be used as an alternative to mandatory arrest in domestic violence;
(v) Whether or how risk assessment could be used in bail determinations in domestic violence cases, and in civil protection order hearings;
(vi) Whether or how offender risk, needs, and responsivity could be used in determining eligibility for diversion, sentencing alternatives, and treatment options;
(vii) Whether or how victim risk, needs, and responsivity could be used in improving domestic violence response;
(viii) Whether or how risk assessment can improve prosecution and encourage prosecutors to aggressively enforce domestic violence laws; and
(ix) Encouraging private sector collaboration.
(b) The work group shall compile its findings and recommendations into an initial report and provide its report to the appropriate committees of the legislature and governor by June 30, 2018.
(4)(a) For its report in 2019, the work group shall:
(i) Research, review, and make recommendations on whether laws mandating arrest in cases of domestic violence should be amended and whether alternative arrest statutes should incorporate domestic violence risk assessment in domestic violence response to improve the response to domestic violence, and what training for law enforcement would be needed to implement an alternative to mandatory arrest;
(ii) Research, review, and make recommendations on how prior recommendations of the work group should be implemented in order to promote effective strategies to reduce domestic violence in Washington state;
(iii) Monitor, evaluate, and provide recommendations on the development and use of the risk assessment tool under RCW 9.94A.502; and
(iv) Provide recommendations on other items deemed appropriate by the work group.
(b) The work group shall compile its findings and recommendations into a final report and provide its report to the appropriate committees of the legislature and governor by June 30, 2020.
(5) The work group must operate within existing funds.
(6) The Washington state institute for public policy shall publish a systematic review of the research literature on mandatory arrest in domestic violence cases. If possible, the study shall report the effects of mandatory arrest on domestic violence recidivism, general recidivism, domestic violence reporting, rates of domestic violence treatment, intimate partner homicide, or other reported outcomes. If possible, the study shall also report the research on alternatives to mandatory arrest.
(7) This section expires June 30, 2022.
[ 2021 c 334 § 959; 2019 c 263 § 803; 2017 c 272 § 8.]
NOTES:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Finding—Domestic violence work groups—2019 c 263 §§ 802 and 803: "In 2017 the legislature established two work groups managed by the Washington state supreme court gender and justice commission to study domestic violence treatment and domestic violence risk. The work groups successfully pulled together stakeholders from across the state and published two reports with groundbreaking recommendations. The legislature finds that there is a need to continue the work groups. The work groups shall review best practices for alternatives to mandatory arrest in cases of domestic violence, and the work groups shall monitor implementation of prior recommendations for the purpose of promoting effective strategies to reduce domestic violence homicides, serious injuries, and recidivism." [ 2019 c 263 § 801.]
Effective date—2019 c 263 §§ 801-803: "Sections 801 through 803 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 2019." [ 2019 c 263 § 1005.]
Findings—Intent—2019 c 263 §§ 202-803: See note following RCW 10.01.240.