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Home My WebLink About02/04/2025 09.B. Discussion of the billing of non-residents for use of emergency fire and police services i4 e+ /L44i11411IN&1— i,i i (7-A ..:>1 _) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.B. For Meeting of: February 4, 2025 ITEM TITLE: Discussion of the billing of non-residents for use of emergency fire and police services SUBMITTED BY: Aaron Markham, Yakima Fire Chief Shawn Boyle, Yakima Interim Police Chief *Ira Cavin, Yakima Police Lieutenant SUMMARY EXPLANATION: At the January 7, 2025 meeting, City Council directed staff to add a discussion of the billing of non- residents for use of emergency fire and police services. ITEM BUDGETED: STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: ATTACHMENTS: DUI Cost Recovery presentation 189 DUI Emergency Response Expense - Cost Recovery RCW 38 . 52 . 430 of,lli44 : .�; i�..� VPHIMq� 41 • g, �v pOLIGE V y+.,,� NE o[O Legislative Intent ■ To allow a public agency to recover the expenses of an emergency response to an incident involving persons operating vehicles under the influence of alcohol and/or drugs ■ The recovery of expenses of an emergency response shall supplement and shall NOT supplant other provisions of law relating to the recovery of those expenses 191 " Emergency Response" • RCW 38 . 52 . 010 A " public agency's use of emergency services during an emergency or disaster as defined in subsection (6)(b) of this section . " 192 " Emergency" ■ RCW 38 . 52 . 010(6)(b) An " incident that requires a NORMAL police, coroner, fire, rescue, emergency medical services , or utility response as a result of a violation" of one of the listed crimes 193 Applicable Crimes ■ RCW 46.61 .502 ■ RCW 46.61 .520 DUI Vehicular Homicide While • RCW 47.68.220 Impaired Operating Aircraft While ■ RCW 46.61 .522 Impaired Vehicular Assault While • RCW 79A.60.040 Impaired Operating Water Vessel ■ RCW 46.61 .5249 While Impaired Negligent Driving 1st Degree ■ RCW 46.61 .500 Reckless Driving where Alcohol/Drugs are a factor 194 " Public Agency" ■ RCW 38 . 52 . 010 ■ State , city, county, municipal ■ Corporation , district, public authority ■ Located at least in part in this state ■ Provides police services 195 " Expense of an Emergency Response" ■ RCW 38 . 52 . 010( 10) " Reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. " 196 " Expense of an Emergency Response" ■ (Continued) " Reasonable costs shall include the costs of providing police, coroner, fire fighting , rescue, emergency medical services , or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident. " 197 Requirements ■ RCW 38 . 52 .430 ■ The defendant's intoxication (alcohol or drugs) caused an incident resulting in an appropriate emergency response ■ One of the listed crimes is charged ■ The charge results in a conviction or a deferred prosecution 198 Requirements ■ Per RCW 38 . 52 . 010(6)(b) , Emergency is a NORMAL police response . ■ RCW 46 . 61 . 502 ( DUI ) is an applicable crime ■ The normal police response to seeing a possible DUI driver is a traffic stop utilizing emergency lights and siren . 199 Superior and Municipal Courts ■ RCW 9. 95.210 (2 )(f) and (5) ■ The court may order restitution to a public agency for the costs of an emergency response expense ■ It has been the experience of the prosecutors office that requests for recovery funds made in Superior Court have been granted if the recovery paperwork is submitted . 200 Limitation ■ RCW 38 . 52 . 430 ■ Maximum of $2500 . 00 total per incident City of Yakima Departments Involved In Cost Recovery Process • Police • Fire • Public Works • Prosecutors ( Not eligible for cost recovery) • Courts ( Not eligible for cost recovery) • Finance ( Not eligible for cost recovery) • Corrections ( Not eligible for cost recovery) Departments Involved (cont. ) . Police Arrest, processing, investigation, etc. Fill out initial cost recovery forms via City's ITS system Automatically sent to prosecutor electronically 203 Departments Involved (cont. ) ■ Prosecutor Receives case file Request order of payment as part of proceedings upon conviction or deferred prosecution � Notify court of recovery fees and order of recovery � Forward copy of order to police POC 204 Departments Involved (cont. ) • Court Process order for recovery Defendant signs order Responsible for initial collection of funds � Refer to collections if necessary * In the event recovery is not ordered, a registered letter could be sent to defendant. 205 Departments Involved (cont. ) . Finance � Receive collected funds from court f Place into dedicated revenue account per line item for legal department, currently returned to general fund as revenue 206 Civil Liability • RCW 38 . 52 .430 . The emergency response expense is a "charge" against the defendant • The charge is a debt and is collectible just like a contract obligation • The defendant's civil liability is also limited to $2500 . 00 total per incident 207 Collecting the " Debt" ■ Whether ordered by the court or not, if there is a conviction or deferred prosecution , the defendant owes the agency for the enforcement ■ Send a letter to the defendant requesting payment and mention the alternatives : small claims court or a collection agency 208 COST RECOVERY HISTORICAL AMOUNTS . 2020 $63, 217 . 2021 $61 ,685 ■ 2022 $71 ,702 . 2023 $72,675 • 2024* $56, 566 *2024 not finalized yet Conclusion • Currently in use by Lakewood PD, Fife PD, Pierce County SD, Yakima County SO, Puyallup PD, and WSP • While currently utilized by the Yakima Police Department, could be expanded to include Yakima Fire and Yakima Public Works responses to incidents as well. ■ Puts the costs of enforcement and city response directly on the people committing the crimes = accountability • Could allow funding for extra future DUI emphasis patrols and equipment to keep city streets safer for everyone 210