title: RCW 7.68.070

text:
The eligibility for benefits under this chapter and the amount thereof will be governed insofar as is applicable by the provisions contained in this chapter.
(1) Each victim injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, or the victim's family or beneficiary in case of death of the victim, are eligible for benefits in accordance with this chapter, subject to the limitations under RCW 7.68.015. Except for medical benefits authorized under RCW 7.68.080, no more than forty thousand dollars shall be granted as a result of a single injury or death.
(a) Benefits payable for temporary total disability that results in financial support for lost wages shall not exceed fifteen thousand dollars.
(b) Benefits payable for a permanent total disability or fatality that results in financial support for lost wages shall not exceed forty thousand dollars. After at least twelve monthly payments have been paid, the department shall have the sole discretion to make a final lump sum payment of the balance remaining.
(2) If the victim was not gainfully employed at the time of the criminal act, no financial support for lost wages will be paid to the victim or any beneficiaries, unless the victim was gainfully employed for a total of at least twelve weeks in the six months preceding the date of the criminal act.
(3) No victim or beneficiary shall receive compensation for or during the day on which the injury was received.
(4) If a victim's employer continues to pay the victim's wages that he or she was earning at the time of the crime, the victim shall not receive any financial support for lost wages.
(5) When the director determines that a temporary total disability results in a loss of wages, the victim shall receive monthly subject to subsection (1) of this section, during the period of disability, sixty percent of the victim's monthly wage but no more than one hundred percent of the state's average monthly wage as defined in RCW 7.68.020. The minimum monthly payment shall be no less than five hundred dollars. Monthly wages shall be based upon employer wage statements, employment security records, or documents reported to and certified by the internal revenue service. Monthly wages must be determined using the actual documented monthly wage or averaging the total wages earned for up to twelve successive calendar months preceding the injury. In cases where the victim's wages and hours are fixed, they shall be determined by multiplying the daily wage the victim was receiving at the time of the injury:
(a) By five, if the victim was normally employed one day a week;
(b) By nine, if the victim was normally employed two days a week;
(c) By thirteen, if the victim was normally employed three days a week;
(d) By eighteen, if the victim was normally employed four days a week;
(e) By twenty-two, if the victim was normally employed five days a week;
(f) By twenty-six, if the victim was normally employed six days a week; or
(g) By thirty, if the victim was normally employed seven days a week.
(6) When the director determines that a permanent total disability or death results in a loss of wages, the victim or eligible spouse shall receive the monthly payments established in this subsection, not to exceed forty thousand dollars or the limits established in this chapter.
(7)(a) The legal guardian or custodian of a minor victim shall receive up to thirty days of the legal guardian's or custodian's lost wages if the director determines that the legal guardian or custodian has lost wages due to any one or more of the following:
(i) The time where the legal guardian or custodian of a minor victim accompanies the minor victim to medical or counseling services related to the crime; or
(ii) The time where the legal guardian or custodian of a minor victim accompanies the minor victim to criminal justice proceedings related to the crime.
(b) Wages under this subsection shall be based on employer wage statements, employment security records, or documents reported to and certified by the internal revenue service.
(8) If the director determines that the victim is voluntarily retired and is no longer attached to the workforce, benefits shall not be paid under this section.
(9) In the case of death, if there is no eligible spouse, benefits shall be paid to the child or children of the deceased victim. If there is no spouse or children, no payments shall be made under this section. If the spouse remarries before this benefit is paid in full benefits shall be paid to the victim's child or children and the spouse shall not receive further payment. If there is no child or children no further payments will be made.
(10) The benefits for disposition of remains or burial expenses shall not exceed six thousand one hundred seventy dollars per claim. Beginning July 1, 2020, the department shall adjust the amount in this subsection (10) for inflation every three years based upon changes in the consumer price index during that time period. To receive reimbursement for expenses related to the disposition of remains or burial, the department must receive an itemized statement from a provider of services within twenty-four months of the date of the claim allowance. If there is a delay in the recovery of remains or the release of remains for disposition or burial, an itemized statement from a provider of services must be received within twenty-four months of the date of the release of the remains or of the date of the claim allowance, whichever is later.
(11) Any person who is responsible for the victim's injuries, or who would otherwise be unjustly enriched as a result of the victim's injuries, shall not be a beneficiary under this chapter.
(12) Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act.
(13) A victim whose crime occurred in another state who qualifies for benefits under RCW 7.68.060(6) may receive appropriate mental health counseling to address distress arising from participation in the civil commitment proceedings. Fees for counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080.
(14) If the provisions of this title relative to compensation for injuries to or death of victims become invalid because of any adjudication, or are repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this title by lump payment or completed monthly payments, and such repeal or the rendition of the final adjudication of invalidity shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death.
(15) The benefits established in RCW 51.32.080 for permanent partial disability will not be provided to any crime victim or for any claim submitted on or after July 1, 2011.
[ 2020 c 308 s 3; 2017 c 235 s 5; 2011 c 346 s 401. Prior: 2010 c 289 s 6; (2010 c 122 s 1 expired July 1, 2015); 2009 c 38 s 1; 2002 c 54 s 1; 1996 c 122 s 5; 1993 sp.s. c 24 s 912; 1992 c 203 s 1; 1990 c 3 s 502; 1989 1st ex.s. c 5 s 5; 1989 c 12 s 2; 1987 c 281 s 8; 1985 c 443 s 15; 1983 c 239 s 2; 1982 1st ex.s. c 8 s 2; 1981 1st ex.s. c 6 s 26; 1977 ex.s. c 302 s 5; 1975 1st ex.s. c 176 s 3; 1973 1st ex.s. c 122 s 7.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
Effective date, application—2010 c 122 ss 1 and 2: "Sections 1 and 2 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 April 1, 2010, for all claims of victims of criminal acts occurring after July 1, 1981." [ 2010 c 122 s 8.]
Expiration date—2010 c 122 ss 1 and 2: "Sections 1 and 2 of this act expire July 1, 2015." [ 2010 c 122 s 9.]
Findings—Intent—1996 c 122: See note following RCW 7.68.035.
Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020.
Severability—Application—Effective dates—1989 1st ex.s. c 5: See notes following RCW 7.68.015.
Effective date—1987 c 281: See note following RCW 7.68.020.
Application—1985 c 443 s 15: "The amendments to RCW 7.68.070 by this act apply only to criminal acts occurring after December 31, 1985." [ 1986 c 98 s 3; 1985 c 443 s 17.]
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Effective dates—Intent—Reports—1982 1st ex.s. c 8: See notes following RCW 7.68.035.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Benefits—Right to and amount—Limitations.


doc_type: statute

jurisdiction: wa

title: RCW 7.68.071

text:
(1) Benefits for permanent total disability shall be determined under the director's supervision, only after the injured victim's condition becomes fixed.
(2) All determinations of permanent total disabilities shall be made by the department. The victim may make a request or the inquiry may be initiated by the director. Determinations shall be required in every instance where permanent total disability is likely to be present.
(3) A request for determination of permanent total disability shall be examined by the department, and the department shall issue an order in accordance with RCW 51.52.050.
[ 2011 c 346 s 403.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Determination of permanent total disability.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 7.68.072

text:
(1) If aggravation, diminution, or termination of disability takes place, the director may, upon the application of the beneficiary, made within seven years from the date the first closing order becomes final, or at any time upon his or her own motion, readjust the rate of compensation in accordance with the rules in this section provided for the same, or in a proper case terminate the payment. The director may, upon application of the victim made at any time, provide proper and necessary medical and surgical services as authorized under RCW 7.68.095.
(2) "Closing order" as used in this section means an order based on factors which include medical recommendation, advice, examination, or the maximum benefit has been met.
[ 2011 c 346 s 404.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Aggravation, diminution, or termination of disability.


title: RCW 7.68.073

text:
(1) For persons receiving compensation for temporary total disability pursuant to the provisions of this chapter, such compensation shall be reduced by an amount equal to the benefits payable under the federal old-age, survivors, and disability insurance act as now or hereafter amended not to exceed the amount of the reduction established pursuant to 42 U.S.C. Sec. 424a. However, such reduction shall not apply when the combined compensation provided pursuant to this chapter and the federal old-age, survivors, and disability insurance act is less than the total benefits to which the federal reduction would apply, pursuant to 42 U.S.C. 424a. Where any person described in this section refuses to authorize the release of information concerning the amount of benefits payable under said federal act the department's estimate of said amount shall be deemed to be correct unless and until the actual amount is established and no adjustment shall be made for any period of time covered by any such refusal.
(2) Any reduction under subsection (1) of this section shall be effective the month following the month in which the department is notified by the federal social security administration that the person is receiving disability benefits under the federal old-age, survivors, and disability insurance act. In the event of an overpayment of benefits, the department may not recover more than the overpayments for the six months immediately preceding the date on which the department notifies the victim that an overpayment has occurred. Upon determining that there has been an overpayment, the department shall immediately notify the person who received the overpayment that he or she shall be required to make repayment pursuant to this section and RCW 7.68.126.
(3) Recovery of any overpayment must be taken from future temporary or permanent total disability benefits or permanent partial disability benefits provided by this chapter. In the case of temporary or permanent total disability benefits, the recovery shall not exceed twenty-five percent of the monthly amount due from the department or one-sixth of the total overpayment, whichever is the lesser.
(4) No reduction may be made unless the victim receives notice of the reduction prior to the month in which the reduction is made.
(5) In no event shall the reduction reduce total benefits to less than the greater amount the victim may be eligible under this chapter or the federal old-age, survivors, and disability insurance act.
(6) The director, pursuant to rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise his or her discretion to waive, in whole or in part, the amount of any overpayment where the recovery would be against equity and good conscience.
(7) Subsection (1) of this section applies to:
(a) Victims under the age of sixty-two whose effective entitlement to total disability compensation begins before January 2, 1983;
(b) Victims under the age of sixty-five whose effective entitlement to total disability compensation begins after January 1, 1983; and
(c) Victims who will become sixty-five years of age on or after June 10, 2004.
(8)(a) If the federal social security administration makes a retroactive reduction in the federal social security disability benefit entitlement of a victim for periods of temporary total, temporary partial, or total permanent disability for which the department also reduced the victim's benefit amounts under this section, the department shall make adjustments in the calculation of benefits and pay the additional benefits to the victim as appropriate. However, the department shall not make changes in the calculation or pay additional benefits unless the victim submits a written request, along with documentation satisfactory to the director of an overpayment assessment by the social security administration, to the department.
(b) Additional benefits paid under this subsection:
(i) Are paid without interest and without regard to whether the victim's claim under this chapter is closed; and
(ii) Do not affect the status or the date of the claim's closure.
(c) This subsection does not apply to requests on claims for which a determination on the request has been made and is not subject to further appeal.
[ 2011 c 346 s 405.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Reduction in disability compensation—Recovery of overpayments—Notice—Waiver—Application—Adjustments due to federal reductions.


title: RCW 7.68.074

text:
Victims otherwise eligible for compensation under this chapter may also claim compensation for loss of or damage to the victim's personal clothing or footwear incurred in the course of emergency medical treatment for injuries.
[ 2011 c 346 s 406.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Compensation for loss of or damage to clothing or footwear.


title: RCW 7.68.075

text:
Under this chapter, the marital status of all victims shall be deemed to be fixed as of the date of the criminal act. All references to the child or children living or conceived of the victim in this chapter shall be deemed to refer to such child or children as of the date of the criminal act unless the context clearly indicates the contrary.
Payments for or on account of any such child or children shall cease when such child is no longer a "child" or on the death of any such child whichever occurs first.
Payments to the victim or surviving spouse for or on account of any such child or children shall be made only when the victim or surviving spouse has legal custody of any such child or children. Where the victim or surviving spouse does not have such legal custody any payments for or on account of any such child or children shall be made to the person having legal custody of such child or children and the amount of payments shall be subtracted from the payments which would have been due the victim or surviving spouse had legal custody not been transferred to another person. It shall be the duty of any person or persons receiving payments because of legal custody of any child to immediately notify the department of any change in such legal custody.
[ 2011 c 346 s 207; 1977 ex.s. c 302 s 6; 1975 1st ex.s. c 176 s 9.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Marital status—Payment for or on account of children.


title: RCW 7.68.076

text:
A beneficiary shall at all times furnish the department with proof satisfactory to the director of the nature, amount, and extent of the contribution made by the deceased victim.
[ 2011 c 346 s 407.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Proof of contribution made by deceased victim.


title: RCW 7.68.077

text:
Except as otherwise provided by treaty or this chapter, whenever compensation is payable to a beneficiary who is not a citizen or national of the United States and who does not reside in the United States, the department shall pay the compensation to which a resident beneficiary is eligible under this chapter. But if a noncitizen beneficiary not residing in the United States is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefit of such law in as favorable a degree as herein extended to noncitizens not residing in the United States, he or she shall receive no compensation. No payment shall be made to any beneficiary residing in any country with which the United States does not maintain diplomatic relations when such payment is due.
[ 2026 c 36 s 6; 2011 c 346 s 306.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Nonresident beneficiary.


title: RCW 7.68.080

text:
(1) When the injury to any victim is so serious as to require the victim being taken from the place of injury to a place of treatment, reasonable transportation costs to and from the nearest place of proper treatment to a reasonable location of the victim's choice shall be reimbursed by the department as part of the victim's total claim under RCW 7.68.070(1).
(2) In the case of alleged rape or molestation of a child, the reasonable costs of a colposcopy examination shall be reimbursed by the department. Costs for a colposcopy examination given under this subsection shall not be included as part of the victim's total claim under RCW 7.68.070(1).
(3) The director shall adopt rules for fees and charges for hospital, clinic, medical, and other health care services, including fees and costs for durable medical equipment, eyeglasses, hearing aids, and other medically necessary devices for crime victims under this chapter. The director shall set these service levels and fees at a level no lower than those established for comparable services under the workers' compensation program under Title 51 RCW, except the director shall comply with the requirements of RCW 7.68.030(2)(g) (i) through (iii) when setting service levels and fees, including reducing levels and fees when required. In establishing fees for medical and other health care services, the director shall consider the director's duty to purchase health care in a prudent, cost-effective manner. The director shall establish rules adopted in accordance with chapter 34.05 RCW. Nothing in this chapter may be construed to require the payment of interest on any billing, fee, or charge.
(4) Whenever the director deems it necessary in order to resolve any medical issue, a victim shall submit to examination by a physician or physicians selected by the director, with the rendition of a report to the person ordering the examination. The department shall provide the physician performing an examination with all relevant medical records from the victim's claim file. The director, in his or her discretion, may charge the cost of such examination or examinations to the crime victims' compensation fund. If the examination is paid for by the victim, then the cost of said examination shall be reimbursed to the victim for reasonable costs connected with the examination as part of the victim's total claim under RCW 7.68.070(1).
(5) Victims of sexual assault are eligible to receive appropriate counseling. Fees for such counseling shall be determined by the department. Counseling services may include, if determined appropriate by the department, counseling of members of the victim's immediate family, other than the perpetrator of the assault.
(6)(a) Immediate family members of a homicide victim may receive appropriate counseling to assist in dealing with the immediate, near-term consequences of the related effects of the homicide. Except as provided in (b) of this subsection, up to 12 counseling sessions may be received after the crime victim's claim has been allowed. Fees for counseling shall be determined by the department in accordance with and subject to this section. Payment of counseling benefits under this section may not be provided to the perpetrator of the homicide. The benefits under this subsection may be provided only with respect to homicides committed on or after July 1, 1992.
(b) The immediate family members of a homicide victim may receive more than 12 counseling sessions under this subsection (6) if a licensed mental health provider determines that:
(i) Additional sessions are needed as a direct result of the near-term consequences of the related effects of the homicide; and
(ii) The recipient of the counseling would benefit from additional sessions.
(7) Pursuant to RCW 7.68.070(13), a victim of a sex offense that occurred outside of Washington may be eligible to receive mental health counseling related to participation in proceedings to civilly commit a perpetrator.
(8) The crime victims' compensation program shall consider payment of benefits solely for the effects of the criminal act.
(9) The legislature finds and declares it to be in the public interest of the state of Washington that a proper regulatory and inspection program be instituted in connection with the provision of any services provided to crime victims pursuant to this chapter. In order to effectively accomplish such purpose and to assure that the victim receives such services as are paid for by the state of Washington, the acceptance by the victim of such services, and the request by a provider of services for reimbursement for providing such services, shall authorize the director of the department or the director's authorized representative to inspect and audit all records in connection with the provision of such services. In the conduct of such audits or investigations, the director or the director's authorized representatives may:
(a) Examine all records, or portions thereof, including patient records, for which services were rendered by a health care provider and reimbursed by the department, notwithstanding the provisions of any other statute which may make or purport to make such records privileged or confidential, except that no original patient records shall be removed from the premises of the health care provider, and that the disclosure of any records or information obtained under authority of this section by the department is prohibited and constitutes a violation of RCW 42.52.050, unless such disclosure is directly connected to the official duties of the department. The disclosure of patient information as required under this section shall not subject any physician, licensed *advanced registered nurse practitioner, or other health care provider to any liability for breach of any confidential relationships between the provider and the patient. The director or the director's authorized representative shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation, or proceedings;
(b) Approve or deny applications to participate as a provider of services furnished to crime victims pursuant to this title;
(c) Terminate or suspend eligibility to participate as a provider of services furnished to victims pursuant to this title; and
(d) Pursue collection of unpaid overpayments and/or penalties plus interest accrued from health care providers pursuant to RCW 51.32.240(6).
(10) When contracting for health care services and equipment, the department, upon request of a contractor, shall keep confidential financial and valuable trade information, which shall be exempt from public inspection and copying under chapter 42.56 RCW.
[ 2024 c 297 s 4; 2023 c 152 s 1; 2017 c 235 s 6. Prior: 2011 1st sp.s. c 15 s 69; 2011 c 346 s 501; 1990 c 3 s 503; 1989 1st ex.s. c 5 s 6; 1986 c 98 s 2; 1983 c 239 s 3; 1981 1st ex.s. c 6 s 27; 1975 1st ex.s. c 176 s 4; 1973 1st ex.s. c 122 s 8.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2024 c 297: See note following RCW 7.68.127.
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
Severability—Application—Effective dates—1989 1st ex.s. c 5: See notes following RCW 7.68.015.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.
PDF
RCW 7.68.080
Reimbursement of costs for transportation, medical services, counseling—Medical examinations—Regulatory inspection program. (Effective June 30, 2027.)
(1) When the injury to any victim is so serious as to require the victim being taken from the place of injury to a place of treatment, reasonable transportation costs to and from the nearest place of proper treatment to a reasonable location of the victim's choice shall be reimbursed by the department as part of the victim's total claim under RCW 7.68.070(1).
(2) In the case of alleged rape or molestation of a child, the reasonable costs of a colposcopy examination shall be reimbursed by the department. Costs for a colposcopy examination given under this subsection shall not be included as part of the victim's total claim under RCW 7.68.070(1).
(3) The director shall adopt rules for fees and charges for hospital, clinic, medical, and other health care services, including fees and costs for durable medical equipment, eyeglasses, hearing aids, and other medically necessary devices for crime victims under this chapter. The director shall set these service levels and fees at a level no lower than those established for comparable services under the workers' compensation program under Title 51 RCW, except the director shall comply with the requirements of RCW 7.68.030(2)(g) (i) through (iii) when setting service levels and fees, including reducing levels and fees when required. In establishing fees for medical and other health care services, the director shall consider the director's duty to purchase health care in a prudent, cost-effective manner. The director shall establish rules adopted in accordance with chapter 34.05 RCW. Nothing in this chapter may be construed to require the payment of interest on any billing, fee, or charge.
(4) Whenever the director deems it necessary in order to resolve any medical issue, a victim shall submit to examination by a physician or physicians selected by the director, with the rendition of a report to the person ordering the examination. The department shall provide the physician performing an examination with all relevant medical records from the victim's claim file. The director, in his or her discretion, may charge the cost of such examination or examinations to the crime victims' compensation fund. If the examination is paid for by the victim, then the cost of said examination shall be reimbursed to the victim for reasonable costs connected with the examination as part of the victim's total claim under RCW 7.68.070(1).
(5) Victims of sexual assault are eligible to receive appropriate counseling. Fees for such counseling shall be determined by the department. Counseling services may include, if determined appropriate by the department, counseling of members of the victim's immediate family, other than the perpetrator of the assault.
(6)(a) Immediate family members of a homicide victim may receive appropriate counseling to assist in dealing with the immediate, near-term consequences of the related effects of the homicide. Except as provided in (b) of this subsection, up to 12 counseling sessions may be received after the crime victim's claim has been allowed. Fees for counseling shall be determined by the department in accordance with and subject to this section. Payment of counseling benefits under this section may not be provided to the perpetrator of the homicide. The benefits under this subsection may be provided only with respect to homicides committed on or after July 1, 1992.
(b) The immediate family members of a homicide victim may receive more than 12 counseling sessions under this subsection (6) if a licensed mental health provider determines that:
(i) Additional sessions are needed as a direct result of the near-term consequences of the related effects of the homicide; and
(ii) The recipient of the counseling would benefit from additional sessions.
(7) Pursuant to RCW 7.68.070(13), a victim of a sex offense that occurred outside of Washington may be eligible to receive mental health counseling related to participation in proceedings to civilly commit a perpetrator.
(8) The crime victims' compensation program shall consider payment of benefits solely for the effects of the criminal act.
(9) The legislature finds and declares it to be in the public interest of the state of Washington that a proper regulatory and inspection program be instituted in connection with the provision of any services provided to crime victims pursuant to this chapter. In order to effectively accomplish such purpose and to assure that the victim receives such services as are paid for by the state of Washington, the acceptance by the victim of such services, and the request by a provider of services for reimbursement for providing such services, shall authorize the director of the department or the director's authorized representative to inspect and audit all records in connection with the provision of such services. In the conduct of such audits or investigations, the director or the director's authorized representatives may:
(a) Examine all records, or portions thereof, including patient records, for which services were rendered by a health care provider and reimbursed by the department, notwithstanding the provisions of any other statute which may make or purport to make such records privileged or confidential, except that no original patient records shall be removed from the premises of the health care provider, and that the disclosure of any records or information obtained under authority of this section by the department is prohibited and constitutes a violation of RCW 42.52.050, unless such disclosure is directly connected to the official duties of the department. The disclosure of patient information as required under this section shall not subject any physician, licensed advanced practice registered nurse, or other health care provider to any liability for breach of any confidential relationships between the provider and the patient. The director or the director's authorized representative shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation, or proceedings;
(b) Approve or deny applications to participate as a provider of services furnished to crime victims pursuant to this title;
(c) Terminate or suspend eligibility to participate as a provider of services furnished to victims pursuant to this title; and
(d) Pursue collection of unpaid overpayments and/or penalties plus interest accrued from health care providers pursuant to RCW 51.32.240(6).
(10) When contracting for health care services and equipment, the department, upon request of a contractor, shall keep confidential financial and valuable trade information, which shall be exempt from public inspection and copying under chapter 42.56 RCW.
[ 2025 c 58 s 5060; 2024 c 297 s 4; 2023 c 152 s 1; 2017 c 235 s 6. Prior: 2011 1st sp.s. c 15 s 69; 2011 c 346 s 501; 1990 c 3 s 503; 1989 1st ex.s. c 5 s 6; 1986 c 98 s 2; 1983 c 239 s 3; 1981 1st ex.s. c 6 s 27; 1975 1st ex.s. c 176 s 4; 1973 1st ex.s. c 122 s 8.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2024 c 297: See note following RCW 7.68.127.
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
Severability—Application—Effective dates—1989 1st ex.s. c 5: See notes following RCW 7.68.015.
Effective date—Severability—1981 1st ex.s. c 6: See notes following RCW 74.04.005.

catchline: Reimbursement of costs for transportation, medical services, counseling—Medical examinations—Regulatory inspection program. (Effective until June 30, 2027.)


title: RCW 7.68.085

text:
The director of labor and industries shall institute a cap on medical benefits of one hundred fifty thousand dollars per injury or death.
For the purposes of this section, an individual will not be required to use his or her assets other than funds recovered as a result of a civil action or criminal restitution, for medical expenses or pain and suffering, in order to qualify for an alternative source of payment.
The director shall, in cooperation with the department of social and health services, establish by October 1, 1989, a process to aid crime victims in identifying and applying for appropriate alternative benefit programs, if any, administered by the department of social and health services.
[ 2011 c 346 s 502; (2010 c 122 s 2 expired July 1, 2015); 2009 c 479 s 9; 1990 c 3 s 504; 1989 1st ex.s. c 5 s 3.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
Effective date, application—Expiration date—2010 c 122 ss 1 and 2: See notes following RCW 7.68.070.
Effective date—2009 c 479: See note following RCW 2.56.030.
Application—Transition plans—1989 1st ex.s. c 5 s 3: "The cap on medical benefits established by section 3 of this act shall apply equally to current and future recipients of crime victims' compensation benefits. The director shall prepare individual transition plans for individuals who exceed the medical benefit cap on July 1, 1989. The transition plans must be completed within ninety days of July 1, 1989." [ 1989 1st ex.s. c 5 s 4.]
Severability—Application—Effective dates—1989 1st ex.s. c 5: See notes following RCW 7.68.015.

catchline: Cap on medical benefits—Alternative programs.


title: RCW 7.68.090

text:
The director shall establish such fund or funds, separate from existing funds, necessary to administer this chapter, and payment to these funds shall be from legislative appropriation, statutory provision, reimbursement and subrogation as provided in this chapter, and from any contributions or grants specifically so directed.
[ 1995 c 234 s 3; 1973 1st ex.s. c 122 s 9.]
Notes:
Finding—1995 c 234: See note following RCW 72.09.095.

catchline: Establishment of funds.


title: RCW 7.68.092

text:
Health care professionals providing treatment or services to crime victims shall maintain all proper credentials and educational standards as required by law, and be registered with the department of health. The crime victims' compensation program does not pay for experimental or controversial treatment. Treatment shall be evidence-based and curative.
[ 2011 c 346 s 504.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Health care professionals to maintain proper credentials and educational standards—Standards for treatment.


title: RCW 7.68.093

text:
The department shall examine the credentials of persons conducting special medical examinations and shall monitor the quality and objectivity of examinations and reports. The department shall adopt rules to ensure that examinations are performed only by qualified persons meeting department standards.
[ 2011 c 346 s 505.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Medical examinations—Department to monitor quality and objectivity.


title: RCW 7.68.094

text:
(1) Any victim eligible to receive any benefits or claiming such under this title shall, if requested by the department submit himself or herself for medical examination, at a time and from time to time, at a place reasonably convenient for the victim as may be provided by the rules of the department. An injured victim, whether a noncitizen or other injured victim, who is not residing in the United States at the time that a medical examination is requested may be required to submit to an examination at any location in the United States determined by the department.
(2) If the victim refuses to submit to medical examination, or obstructs the same, or, if any injured victim shall persist in unsanitary or injurious practices which tend to imperil or delay his or her recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to his or her recovery does not cooperate in reasonable efforts at such rehabilitation, the department may suspend any further action on any claim of such victim so long as such refusal, obstruction, noncooperation, or practice continues and thus, the department may reduce, suspend, or deny any compensation for such period. The department may not suspend any further action on any claim of a victim or reduce, suspend, or deny any compensation if a victim has good cause for refusing to submit to or to obstruct any examination, evaluation, treatment, or practice requested by the department or required under this section.
(3) If the victim necessarily incurs traveling expenses in attending the examination pursuant to the request of the department, such reasonable round-trip traveling expenses shall be repaid to him or her upon proper voucher and audit.
(4) If the medical examination required by this section causes the victim to be absent from his or her work without pay, the victim shall be paid compensation in an amount equal to his or her usual wages for the time lost from work while attending the medical examination when the victim is insured by the department.
[ 2026 c 36 s 7; 2024 c 297 s 5; 2011 c 346 s 506.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Medical examinations—Refusal to submit—Travel expenses—Compensation for time lost.


title: RCW 7.68.095

text:
Upon the occurrence of any injury to a victim eligible for compensation under the provisions of this chapter, he or she shall receive proper and necessary medical and surgical services using his or her private or public insurance or if no insurance, using a provider of his or her own choice. In all accepted claims, treatment shall be limited in point of duration as follows:
(1) No treatment shall be provided once the victim has received the maximum compensation under this chapter.
(2) In case of temporary disability, treatment shall not extend beyond the time when monthly allowances to him or her shall cease. After any injured victim has returned to his or her work, his or her medical and surgical treatment may be continued if, and so long as, such continuation is determined by the director to be necessary to his or her recovery, and as long as the victim has not received the maximum compensation under this chapter.
[ 2011 c 346 s 507.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Extent and duration of treatment.


title: RCW 7.68.096

text:
Any medical provider who fails, neglects, or refuses to file a report with the director, as required by this chapter, within five days of the date of treatment, showing the condition of the injured victim at the time of treatment, a description of the treatment given, and an estimate of the probable duration of the injury, or who fails or refuses to render all necessary assistance to the injured victim, as required by this chapter, shall be subject to a civil penalty determined by the director but not to exceed two hundred fifty dollars. The amount shall be paid into the crime victims' compensation account.
[ 2011 c 346 s 508.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Medical providers—Failure to report or comply as required.


title: RCW 7.68.101

text:
Physicians or licensed *advanced registered nurse practitioners examining or attending injured victims under this chapter shall comply with rules and regulations adopted by the director, and shall make such reports as may be requested by the department upon the condition or treatment of any such victim, or upon any other matters concerning such victims in their care. Except under RCW 49.17.210 and 49.17.250, all medical information in the possession or control of any person and relevant to the particular injury in the opinion of the department pertaining to any victim whose injury is the basis of a claim under this chapter shall be made available at any stage of the proceedings to the claimant's representative and the department upon request, and no person shall incur any legal liability by reason of releasing such information.
[ 2011 c 346 s 307.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Duties of attending physician or licensed advanced registered nurse practitioner—Medical information.


title: RCW 7.68.110

text:
The provisions contained in chapter 51.52 RCW relating to appeals shall govern appeals under this chapter: PROVIDED, That no provision contained in chapter 51.52 RCW concerning employers as parties to any settlement, appeal, or other action shall apply to this chapter: PROVIDED FURTHER, That appeals taken from a decision of the board of industrial insurance appeals under this chapter shall be governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.05.510 through 34.05.598, and the department shall have the same right of review from a decision of the board of industrial insurance appeals as does the claimant: PROVIDED FURTHER, That the time in which to file a protest or appeal from any order, decision, or award under this chapter shall be ninety days from the date the order, decision, or award is communicated to the parties.
[ 1997 c 102 s 1; 1989 c 175 s 40; 1977 ex.s. c 302 s 7; 1975 1st ex.s. c 176 s 5; 1973 1st ex.s. c 122 s 11.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Appeals.


title: RCW 7.68.111

text:
(1)(a) If the victim or beneficiary in a claim prevails in an appeal by any party to the board of industrial insurance appeals or the court, the department shall comply with the board of industrial insurance appeals or court's order with respect to the payment of compensation within the later of the following time periods:
(i) Sixty days after the compensation order has become final and is not subject to review or appeal; or
(ii) If the order has become final and is not subject to review or appeal and the department has, within the period specified in (a)(i) of this subsection, requested the filing by the victim or beneficiary of documents necessary to make payment of compensation, sixty days after all requested documents are filed with the department.
The department may extend the sixty-day time period for an additional thirty days for good cause.
(b) If the department fails to comply with (a) of this subsection, any person eligible for compensation under the order may institute proceedings for injunctive or other appropriate relief for enforcement of the order. These proceedings may be instituted in the superior court for the county in which the claimant resides, or, if the claimant is not then a resident of this state, in the superior court for Thurston county.
(2) In a proceeding under this section, the court shall enforce obedience to the order by proper means, enjoining compliance upon the person obligated to comply with the compensation order. The court may issue such writs and processes as are necessary to carry out its orders and may award a penalty of up to one thousand dollars to the person eligible for compensation under the order.
(3) A proceeding under this section does not preclude other methods of enforcement provided for in this chapter.
[ 2017 c 235 s 7; 2011 c 346 s 601.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Payment of compensation after appeal—Enforcement of order—Penalty.


title: RCW 7.68.120

text:
Any person who has committed a criminal act which resulted in injury compensated under this chapter may be required to make reimbursement to the department as provided in this section.
(1) Any payment of benefits to or on behalf of a victim under this chapter creates a debt due and owing to the department by any person found to have committed the criminal act in either a civil or criminal court proceeding in which he or she is a party. If there has been a superior or district court order, or an order of the indeterminate sentence review board or the department of social and health services, as provided in subsection (4) of this section, the debt shall be limited to the amount provided for in the order. A court order shall prevail over any other order. If, in a criminal proceeding, a person has been found to have committed the criminal act that results in the payment of benefits to a victim and the court in the criminal proceeding does not enter a restitution order, the department shall, within one year of imposition of the sentence, petition the court for entry of a restitution order.
(2)(a) The department may issue a notice of debt due and owing to the person found to have committed the criminal act, and shall serve the notice on the person in the manner prescribed for the service of a summons in a civil action or by certified mail. The department shall file the notice of debt due and owing along with proof of service with the superior court of the county where the criminal act took place. The person served the notice shall have thirty days from the date of service to respond to the notice by requesting a hearing in superior court.
(b) If a person served a notice of debt due and owing fails to respond within thirty days, the department may seek a default judgment. Upon entry of a judgment in an action brought pursuant to (a) of this subsection, the clerk shall enter the order in the execution docket. The filing fee shall be added to the amount of the debt indicated in the judgment. The judgment shall become a lien upon all real and personal property of the person named in the judgment as in other civil cases. The judgment shall be subject to execution, garnishment, or other procedures for collection of a judgment.
(3)(a) The director, or the director's designee, may issue to any person or organization an order to withhold and deliver property of any kind if there is reason to believe that the person or organization possesses property that is due, owing, or belonging to any person against whom a judgment for a debt due and owing has been entered under subsection (2) of this section. For purposes of this subsection, "person or organization" includes any individual, firm, association, corporation, political subdivision of the state, or agency of the state.
(b) The order to withhold and deliver must be served in the manner prescribed for the service of a summons in a civil action or by certified mail, return receipt requested. Any person or organization upon whom service has been made shall answer the order within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of therein.
(c) If there is in the possession of the person or organization served with the order any property that might be subject to the claim of the department, the person or organization must immediately withhold such property and deliver the property to the director or the director's authorized representative immediately upon demand.
(d) If the person or organization served the order fails to timely answer the order, the court may render judgment by default against the person or organization for the full amount claimed by the director in the order plus costs.
(e) If an order to withhold and deliver is served upon an employer and the property found to be subject to the notice is wages, the employer may assert in the answer all exemptions to which the wage earner might be entitled as provided by RCW 6.27.150.
(4) Upon being placed on work release pursuant to chapter 72.65 RCW, or upon release from custody of a state correctional facility on parole, any convicted person who owes a debt to the department as a consequence of a criminal act may have the schedule or amount of payments therefor set as a condition of work release or parole by the department of social and health services or indeterminate sentence review board respectively, subject to modification based on change of circumstances. Such action shall be binding on the department.
(5) Any requirement for payment due and owing the department by a convicted person under this chapter may be waived, modified downward or otherwise adjusted by the department in the interest of justice, the well-being of the victim, and the rehabilitation of the individual.
(6) The department shall not seek payment for a debt due and owing if such action would deprive the victim of the crime giving rise to the claim under this chapter of the benefit of any property to which the victim would be entitled under RCW 26.16.030.
[ 1995 c 33 s 1; 1973 1st ex.s. c 122 s 12.]

catchline: Reimbursement—Restitution to victim—Notice—Fees—Order to withhold and deliver—Limitation.


title: RCW 7.68.125

text:
(1)(a) Whenever any payment of benefits under this chapter is made because of clerical error, mistake of identity, innocent misrepresentation by or on behalf of the recipient thereof mistakenly acted upon, or any other circumstance of a similar nature, all not induced by willful misrepresentation, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient on any claim with the crime victims' compensation program. The department must make claim for such repayment or recoupment within one year of the making of any such payment or it will be deemed any claim therefor has been waived.
(b) Except as provided in subsections (3) and (4) of this section, the department may only assess an overpayment of benefits because of adjudicator error when the order upon which the overpayment is based is not yet final as provided in RCW 51.52.050 and 51.52.060. "Adjudicator error" includes the failure to consider information in the claim file, failure to secure adequate information, or an error in judgment.
(c) The director, pursuant to rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise his or her discretion to waive, in whole or in part, the amount of any such timely claim where the recovery would be against equity and good conscience.
(2) Whenever the department fails to pay benefits because of clerical error, mistake of identity, or innocent misrepresentation, all not induced by recipient willful misrepresentation, the recipient may request an adjustment of benefits to be paid from the crime victims' compensation programs subject to the following:
(a) The recipient must request an adjustment in benefits within one year from the date of the incorrect payment or it will be deemed any claim therefore has been waived.
(b) The recipient may not seek an adjustment of benefits because of adjudicator error. Adjustments due to adjudicator error are addressed by the filing of a written request for reconsideration with the department or an appeal with the department within ninety days from the date the order is communicated as provided in RCW 51.52.050. "Adjudicator error" includes the failure to consider information in the claim file, failure to secure adequate information, or an error in judgment.
(3) Whenever any payment of benefits under this chapter has been made pursuant to an adjudication by the department or by order of any court and timely appeal therefrom has been made where the final decision is that any such payment was made pursuant to an erroneous adjudication, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient on any claim.
(a) The director, pursuant to rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.
(b) The department shall first attempt recovery of overpayments for health services from any entity that provided health insurance to the victim to the extent that the health insurance entity would have provided health insurance benefits.
(4)(a) Whenever any payment of benefits under this chapter has been induced by willful misrepresentation the recipient thereof shall repay any such payment together with a penalty of fifty percent of the total of any such payments and the amount of such total sum may be recouped from any future payments due to the recipient on any claim with the crime victims' compensation program against whom the willful misrepresentation was committed and the amount of such penalty shall be placed in the crime victims' compensation fund. Such repayment or recoupment must be demanded or ordered within three years of the discovery of the willful misrepresentation.
(b) For purposes of this subsection (4), it is willful misrepresentation for a person to obtain payments or other benefits under this chapter in an amount greater than that to which the person otherwise would be entitled. Willful misrepresentation includes:
(i) Willful false statement; or
(ii) Willful misrepresentation, omission, or concealment of any material fact.
(c) For purposes of this subsection (4), "willful" means a conscious or deliberate false statement, misrepresentation, omission, or concealment of a material fact with the specific intent of obtaining, continuing, or increasing benefits under this chapter.
(d) For purposes of this subsection (4), failure to disclose a work-type activity must be willful in order for a misrepresentation to have occurred.
(e) For purposes of this subsection (4), a material fact is one which would result in additional, increased, or continued benefits, including but not limited to facts about physical restrictions, or work-type activities which either result in wages or income or would be reasonably expected to do so. Wages or income include the receipt of any goods or services. For a work-type activity to be reasonably expected to result in wages or income, a pattern of repeated activity must exist. For those activities that would reasonably be expected to result in wages or produce income, but for which actual wage or income information cannot be reasonably determined, the department shall impute wages.
(5) The victim, beneficiary, or other person affected thereby shall have the right to contest an order assessing an overpayment pursuant to this section in the same manner and to the same extent as provided under RCW 51.52.050 and 51.52.060. In the event such an order becomes final under chapter 51.52 RCW and notwithstanding the provisions of subsections (1) through (4) of this section, the director or director's designee may file with the clerk in any county within the state a warrant in the amount of the sum representing the unpaid overpayment and/or penalty plus interest accruing from the date the order became final. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the victim, beneficiary, or other person mentioned in the warrant, the amount of the unpaid overpayment and/or penalty plus interest accrued, and the date the warrant was filed. The amount of the warrant as docketed shall become a lien upon the title to and interest in all real and personal property of the victim, beneficiary, or other person against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of such clerk. The sheriff shall then proceed in the same manner and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the department in the manner provided by law in the case of judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant. A copy of such warrant shall be mailed to the victim, beneficiary, or other person within three days of filing with the clerk.
The director or director's designee may issue to any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, a notice to withhold and deliver property of any kind if there is reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is due, owing, or belonging to any victim, beneficiary, or other person upon whom a warrant has been served for payments due the department. The notice and order to withhold and deliver shall be served by certified mail accompanied by an affidavit of service by mailing or served by the sheriff of the county, or by the sheriff's deputy, or by any authorized representative of the director or director's designee, or by electronic means or other methods authorized by law. Any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired or in the notice and order to withhold and deliver. In the event there is in the possession of the party named and served with such notice and order, any property that may be subject to the claim of the department, such property shall be delivered forthwith to the director or the director's authorized representative upon demand. If the party served and named in the notice and order fails to answer the notice and order within the time prescribed in this section, the court may, after the time to answer such order has expired, render judgment by default against the party named in the notice for the full amount, plus costs, claimed by the director or the director's designee in the notice. In the event that a notice to withhold and deliver is served upon an employer and the property found to be subject thereto is wages, the employer may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the wage earner may be entitled.
This subsection shall only apply to orders assessing an overpayment which are issued on or after July 28, 1991. This subsection shall apply retroactively to all orders assessing an overpayment resulting from willful misrepresentation, civil or criminal.
(6) Orders assessing an overpayment which are issued on or after July 28, 1991, shall include a conspicuous notice of the collection methods available to the department.
[ 2011 c 346 s 701; 1995 c 33 s 2; 1975 1st ex.s. c 176 s 8.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Erroneous or fraudulent payment—Erroneous failure to make payment—Repayment orders—Right to contest orders—Lien.


title: RCW 7.68.126

text:
Notwithstanding any other provisions of law, any overpayments previously recovered under the provisions of RCW 7.68.073 as now or hereafter amended shall be limited to six months' overpayments. Where greater recovery has already been made, the director, in his or her discretion, may make restitution in those cases where an extraordinary hardship has been created.
[ 2011 c 346 s 702.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.

catchline: Recovery of overpayments.


title: RCW 7.68.127

text:
(1) As used in this section, "other state" and "another state" includes the several states, territories, and possessions of the United States, and the District of Columbia.
(2)(a) The director shall attempt to enter into an agreement with any other state for reimbursement to the crime victims' compensation fund if a nonresident of the state of Washington who is a victim of a sexual assault or domestic violence assault involving nonfatal strangulation that occurred in another state receives an examination in this state pursuant to RCW 7.68.170 or 7.68.803.
(b) For other states with which the department has an agreement for reimbursement as provided in (a) of this subsection, the department shall promptly make a report to the other state showing any costs incurred by a hospital or other emergency medical facility paid by this state pursuant to (a) of this subsection. The department shall ensure that no information related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 is provided to any state whose law is against the public policy of the state of Washington as provided in RCW 7.115.020.
(3) The director is hereby authorized to receive reimbursements to the crime victims' compensation fund from another state pursuant to this section.
[ 2024 c 297 s 8.]
Notes:
Effective date—2024 c 297: "This act takes effect July 1, 2024." [ 2024 c 297 s 20.]

catchline: Agreements with other states for certain examination costs.


title: RCW 7.68.130

text:
(1) Benefits payable pursuant to this chapter shall be reduced by the amount of any other public or private insurance available, less a proportionate share of reasonable attorneys' fees and costs, if any, incurred by the victim in obtaining recovery from the insurer. Calculation of a proportionate share of attorneys' fees and costs shall be made under the formula established in RCW 7.68.050 (9) through (14). The department or the victim may require court approval of costs and attorneys' fees or may petition a court for determination of the reasonableness of costs and attorneys' fees.
(2) Benefits payable after 1980 to victims injured or killed before 1980 shall be reduced by any other public or private insurance including but not limited to social security.
(3) Payment by the department under this chapter shall be secondary to other insurance benefits, notwithstanding the provision of any contract or coverage to the contrary. In the case of private life insurance proceeds, the first forty thousand dollars of the proceeds shall not be considered for purposes of any reduction in benefits.
(4) If the department determines that a victim is likely to be eligible for other public insurance or support services, the department may require the applicant to apply for such services before awarding benefits under RCW 7.68.070. If the department determines that a victim shall apply for such services and the victim refuses or does not apply for those services, the department may deny any further benefits under this chapter. The department may require an applicant to provide a copy of their determination of eligibility before providing benefits under this chapter.
(5) Before payment of benefits will be considered victims shall use their private insurance coverage.
(6) For the purposes of this section, the collection methods available under RCW 7.68.125(5) apply.
[ 2011 c 346 s 703; 1995 c 33 s 3; 1985 c 443 s 16; 1980 c 156 s 4; 1977 ex.s. c 302 s 8; 1973 1st ex.s. c 122 s 13.]
Notes:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Legislative intent—"Public or private insurance"—1980 c 156: See note following RCW 7.68.020.

catchline: Public or private insurance—Attorneys' fees and costs of victim.


title: RCW 7.68.140

text:
Information contained in the claim files and records of victims, under the provisions of this chapter, shall be deemed confidential and shall not be open to public inspection: PROVIDED, That, except as limited by state or federal statutes or regulations, such information may be provided to public employees in the performance of their official duties: PROVIDED FURTHER, That except as otherwise limited by state or federal statutes or regulations a claimant or a representative of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant: PROVIDED FURTHER, That physicians treating or examining victims claiming benefits under this chapter or physicians giving medical advice to the department regarding any claim may, at the discretion of the department and as not otherwise limited by state or federal statutes or regulations, inspect the claim files and records of such victims, and other persons may, when rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this chapter, inspect the claim files and records of such victims at the discretion of the department and as not otherwise limited by state or federal statutes or regulations.
[ 1997 c 310 s 1; 1975 1st ex.s. c 176 s 6; 1973 1st ex.s. c 122 s 14.]

catchline: Confidentiality.


title: RCW 7.68.145

text:
Notwithstanding any other provision of law, all law enforcement, criminal justice, or other governmental agencies, or hospital; any physician or other practitioner of the healing arts; or any other organization or person having possession or control of any investigative or other information pertaining to any alleged criminal act or victim concerning which a claim for benefits has been filed under this chapter, shall, upon request, make available to and allow the reproduction of any such information by the section of the department administering this chapter or other public employees in their performance of their official duties under this chapter.
No person or organization, public or private, shall incur any legal liability by reason of releasing any such information to the director of labor and industries or the section of the department which administers this chapter or other public employees in the performance of their official duties under this chapter.
[ 1975 1st ex.s. c 176 s 7.]

catchline: Release of information in performance of official duties.


title: RCW 7.68.150

text:
All benefits and payments made, and all administrative costs accrued, pursuant to this chapter shall be funded and accounted for separate from the other operations and responsibilities of the department.
[ 1973 1st ex.s. c 122 s 15.]

catchline: Benefits, payments and costs to be funded and accounted for separately.


title: RCW 7.68.155

text:
(1) Within current funding levels, the department's crime victims' compensation program shall post on its public website a report that shows the following items:
(a) The total amount of current funding available in the crime victims' compensation fund;
(b) The total amount of funding disbursed to victims in the previous thirty days; and
(c) The total amount paid in overhead and administrative costs in the previous thirty days.
(2) The information listed in subsection (1) of this section must be posted and maintained on the department's website by July 1, 2010, and updated every thirty days thereafter.
[ 2010 c 122 s 7.]

catchline: Information on funding availability, payments, administrative costs—Posting on departmental website.


title: RCW 7.68.160

text:
Any person who has been injured as a result of a "criminal act" as herein defined on or after January 1, 1972 up to July 1, 1974, who would otherwise be eligible for benefits under this chapter, may for a period of ninety days from July 1, 1974, file a claim for benefits with the department on a form provided by the department. The department shall investigate and review such claims, and, within two hundred ten days of July 1, 1974, shall report to the governor its findings and recommendations as to such claims, along with a statement as to what special legislative relief, if any, the department recommends should be provided.
[ 1986 c 158 s 2; 1973 1st ex.s. c 122 s 16.]
Notes:
Effective date—1973 1st ex.s. c 122: See RCW 7.68.900 and note following.

catchline: Claims of persons injured prior to effective date.


title: RCW 7.68.165

text:
The rights, privileges, responsibilities, duties, limitations and procedures contained in this chapter shall apply to those claims filed pursuant to RCW 7.68.160. In respect to such claims, the department shall proceed in the same manner and with the same authority as provided in this chapter with respect to those claims filed pursuant to RCW 7.68.060 as now or hereafter amended.
[ 1975 1st ex.s. c 176 s 10.]

catchline: Application of chapter to claims filed under RCW 7.68.160.


title: RCW 7.68.170

text:
No costs incurred by a hospital or other emergency medical facility in Washington for the examination of the victim of a sexual assault, whether such assault occurred in or outside the state of Washington, when such examination is performed for the purposes of gathering evidence for possible prosecution, shall be billed or charged directly or indirectly to the victim of such assault. Such costs shall be paid by the state pursuant to this chapter.
[ 2024 c 297 s 6; 1979 ex.s. c 219 s 11.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Examination costs of sexual assault victims paid by state.


title: RCW 7.68.175

text:
(1) No costs incurred by an institution as defined in RCW 26.44.020 for the examination of a suspected victim of assault of a child under chapter 9A.36 RCW may be billed or charged directly or indirectly to the suspected victim of the assault. Subject to the availability of amounts appropriated for this specific purpose, the department must pay all costs incurred by an institution as defined in RCW 26.44.020 for the examination of a suspected victim of assault of a child, provided that the cost of the examination would not otherwise be covered by the department.
(2) The department must notify the office of financial management and the fiscal committees of the legislature if it projects that the cost of services provided under this section exceeds the amount of funding provided by the legislature solely for the purposes of this section.
[ 2022 c 171 s 2.]
Notes:
Findings—2022 c 171: "The legislature finds that the crime victims' compensation fund was established in 1973 to cover medical bills and other costs associated with being the victim of a crime. The legislature finds that state law requires the crime victims' compensation fund to pay the costs of sexual assault examinations of minors when they are performed to gather evidence for possible prosecution. The legislature finds that in 2015, the legislature passed Substitute Senate Bill No. 5897 to provide funding for medical evaluations of suspected child victims of physical abuse. The legislature finds that this law expired June 30, 2019, and was not extended in the omnibus operating appropriations act. The legislature recognizes that while sexual assault examinations are currently provided for by the crime victims' compensation fund, examinations for child victims of physical assault are not provided for. The legislature finds that medical examinations are important for children who may be victims of physical abuse. The legislature finds that contributing to the cost of these examinations will incentivize timely evaluations, lead to early identification of abuse, and potentially prevent a child from further traumatization or injury. The legislature therefore resolves to reenact the provision of medical examinations of children who may be victims of physical abuse." [ 2022 c 171 s 1.]

catchline: Examination costs of assault of a child victims paid by state.


title: RCW 7.68.176

text:
By November 1, 2023, and annually thereafter, and in compliance with RCW 43.01.036, the department must submit a report to the legislature and governor with the following information: The number of requests to pay for physical abuse exams for child victims of physical assault pursuant to RCW 7.68.175, how many of these requests are approved and denied including the reasons for denial, how many of the exams are covered for another reason, and any other information the department believes is beneficial.
[ 2022 c 171 s 3.]
Notes:
Findings—2022 c 171: See note following RCW 7.68.175.

catchline: Examination costs of assault of a child victims—Annual report.


title: RCW 7.68.200

text:
After hearing, as provided in RCW 7.68.210, every person, firm, corporation, partnership, association, or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinion, or emotions regarding such crime, shall submit a copy of such contract to the department and pay over to the department any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his or her representatives. The department shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (1) Such convicted person; or (2) such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his or her representatives.
[ 2011 c 336 s 248; 1979 ex.s. c 219 s 13.]
Notes:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Payment for reenactments of crimes—Contracts—Deposits—Damages.


title: RCW 7.68.210

text:
The prosecutor or the department may, at any time after the person's arraignment petition any superior court for an order, following notice and hearing, directing that any contract described in RCW 7.68.200 shall be paid in accordance with RCW 7.68.200 through 7.68.280.
[ 1979 ex.s. c 219 s 12.]
Notes:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Payment may be directed based on contract.


title: RCW 7.68.220

text:
The department, at least once every six months for five years from the date it receives such moneys, shall cause to have published a legal notice in newspapers of general circulation in the county wherein the crime was committed and in counties contiguous to such county advising such victims that such escrow moneys are available to satisfy money judgments pursuant to this section. For crimes committed in a city located within a county having a population of one million or more, the notice provided for in this section shall be in newspapers having general circulation in such city. The department may, in its discretion, provide for such additional notice as it deems necessary.
[ 1979 ex.s. c 219 s 14.]
Notes:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Notice published of moneys in escrow.


title: RCW 7.68.230

text:
Upon dismissal of charges or acquittal of any accused person the department shall immediately pay over to such accused person the moneys in the escrow account established on behalf of such accused person.
[ 1979 ex.s. c 219 s 15.]
Notes:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Payment to accused if charges dismissed, acquitted.


title: RCW 7.68.240

text:
Upon a showing by any convicted person or the state that five years have elapsed from the establishment of such escrow account and further that no actions are pending against such convicted person pursuant to RCW 7.68.200 through 7.68.280, the department shall immediately pay over 50 percent of any moneys in the escrow account to such person or his or her legal representatives and 50 percent of any moneys in the escrow account to the fund under RCW 7.68.035(6).
[ 2023 c 449 s 6; 2022 c 260 s 22; 2011 c 336 s 249; 1988 c 155 s 4; 1979 ex.s. c 219 s 16.]
Notes:
Effective date—2023 c 449: See note following RCW 13.40.058.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Payment if no actions pending.


title: RCW 7.68.250

text:
For purposes of *this act, a person found not guilty as a result of the defense of mental disease or defect shall be deemed to be a convicted person.
[ 1979 ex.s. c 219 s 17.]
Notes:
*Reviser's note: "this act" literally refers to 1979 ex.s. c 219. As used in this section, the term apparently refers to only sections 12 through 20 of that act, which are codified as RCW 7.68.200 through 7.68.280.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Persons not guilty for mental reasons deemed convicted.


title: RCW 7.68.260

text:
Notwithstanding any inconsistent provision of the civil practice and rules with respect to the timely bringing of an action, the five year period provided for in RCW 7.68.200 shall not begin to run until an escrow account has been established.
[ 1979 ex.s. c 219 s 18.]
Notes:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Time for filing action begins when escrow account established.


title: RCW 7.68.270

text:
Notwithstanding the foregoing provisions of *this act the department shall make payments from an escrow account to any person accused or convicted of a crime upon the order of a court of competent jurisdiction after a showing by such person that such moneys shall be used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person, including the appeals process.
[ 1979 ex.s. c 219 s 19.]
Notes:
*Reviser's note: "this act," see note following RCW 7.68.250.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Escrow moneys may be used for legal representation.


title: RCW 7.68.280

text:
Any action taken by any person accused or convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of *this act shall be null and void as against the public policy of this state.
[ 1979 ex.s. c 219 s 20.]
Notes:
*Reviser's note: "this act," see note following RCW 7.68.250.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.

catchline: Actions to avoid law null and void.


title: RCW 7.68.290

text:
If a defendant has paid restitution pursuant to court order under RCW 9.92.060, 9.94A.750, 9.94A.753, 9.95.210, or 9A.20.030 and the victim entitled to restitution cannot be found or has died, the clerk of the court shall deposit with the county treasurer the amount of restitution unable to be paid to the victim. The county treasurer shall monthly transmit the money to the state treasurer for deposit as provided in RCW 43.08.250. Moneys deposited under this section shall be used to compensate victims of crimes through the crime victims' compensation fund.
[ 1997 c 358 s 3; 1987 c 281 s 2.]
Notes:
Effective date—1987 c 281: See note following RCW 7.68.020.

catchline: Restitution—Disposition when victim dead or not found.


title: RCW 7.68.300

text:
The legislature finds compelling state interests in compensating the victims of crime and in preventing criminals from profiting from their crimes. RCW 7.68.310 through 7.68.340 are intended to advance both of these interests.
[ 1993 c 288 s 3.]

catchline: Finding.


title: RCW 7.68.310

text:
The following are subject to seizure and forfeiture and no property right exists in them:
(1) All tangible or intangible property, including any right or interest in such property, acquired by a person convicted of a crime for which there is a victim of the crime and to the extent the acquisition is the direct or indirect result of the convicted person having committed the crime. Such property includes but is not limited to the convicted person's remuneration for, or contract interest in, any reenactment or depiction or account of the crime in a movie, book, magazine, newspaper or other publication, audio recording, radio or television presentation, live entertainment of any kind, or any expression of the convicted person's thoughts, feelings, opinions, or emotions regarding the crime.
(2) Any property acquired through the traceable proceeds of property described in subsection (1) of this section.
[ 1993 c 288 s 4.]

catchline: Property subject to seizure and forfeiture.


title: RCW 7.68.320

text:
(1) Any property subject to seizure and forfeiture under RCW 7.68.310 may be seized by the prosecuting attorney of the county in which the convicted person was convicted upon process issued by any superior court having jurisdiction over the property.
(2) Proceedings for forfeiture are commenced by a seizure. Seizure of real property shall include the filing of a lis pendens by the seizing agency. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later, except that such real property seized may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest.
(3) The prosecuting attorney who seized the property shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure of real property shall be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. The notice of seizure in other cases may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with *chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.
(4) If no person notifies the seizing prosecuting attorney in writing of the person's claim of ownership or right to possession of the property within forty-five days for personal property or ninety days for real property, the property seized shall be deemed forfeited.
(5) If any person notifies the seizing prosecuting attorney in writing of the person's claim of ownership or right to possession of the property within forty-five days for personal property or ninety days for real property, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The prosecuting attorney shall file the case into a court of competent jurisdiction. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. In cases involving personal property, the burden of producing evidence shall be by a preponderance and upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving real property, the burden of producing evidence shall be by a preponderance and upon the prosecuting attorney. The seizing prosecuting attorney shall promptly return the property to the claimant upon a determination by the prosecuting attorney or court that the claimant is the present lawful owner or is lawfully entitled to possession of the property.
(6) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the county auditor of the county in which the property is located. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules.
(7) A forfeiture action under this section may be brought at any time from the date of conviction until the expiration of the statutory maximum period of incarceration that could have been imposed for the crime involved.
(8) A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party did not know that the property was subject to seizure and forfeiture.
[ 1993 c 288 s 5.]
Notes:
*Reviser's note: Chapter 62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July 1, 2001. For later enactment, see chapter 62A.9A RCW.

catchline: Seizure and forfeiture—Procedure.


title: RCW 7.68.330

text:
(1) The proceeds of any forfeiture action brought under RCW 7.68.320 shall be distributed as follows:
(a) First, to the victim or to the plaintiff in a wrongful death action brought as a result of the victim's death, to satisfy any money judgment against the convicted person, or to satisfy any restitution ordered as part of the convicted person's sentence;
(b) Second, to the reasonable legal expenses of bringing the action;
(c) Third, to the crime victims' compensation fund under RCW 7.68.090.
(2) A court may establish such escrow accounts or other arrangements as it deems necessary and appropriate in order to distribute proceeds in accordance with this section.
[ 1993 c 288 s 6.]

catchline: Seizure and forfeiture—Distribution of proceeds.


title: RCW 7.68.340

text:
(1) Any action taken by or on behalf of a convicted person including but not limited to executing a power of attorney or creating a corporation for the purpose of defeating the provisions of RCW 7.68.300 through 7.68.330 is null and void as against the public policy of this state.
(2) RCW 7.68.300 through 7.68.330 are supplemental and do not limit rights or remedies otherwise available to the victims of crimes and do not limit actions otherwise available against persons convicted of crimes.
[ 1993 c 288 s 7.]

catchline: Seizure and forfeiture—Remedies nondefeatable and supplemental.


title: RCW 7.68.350

text:
(1) There is created the Washington state task force against the trafficking of persons.
(2)(a) The task force shall consist of the following members:
(i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(iii) The director of the office of crime victims advocacy, or the director's designee;
(iv) The secretary of the department of health, or the secretary's designee;
(v) The secretary of the department of social and health services, or the secretary's designee;
(vi) The director of the department of labor and industries, or the director's designee;
(vii) The commissioner of the employment security department, or the commissioner's designee;
(viii) The attorney general or the attorney general's designee;
(ix) The superintendent of public instruction or the superintendent of public instruction's designee;
(x) The director of the department of agriculture or the director's designee;
(xi) At least one member who is a survivor of human trafficking;
(xii) Eleven members, selected by the director of the office of crime victims advocacy, that represent public, community-based nonprofit, and private sector organizations, academic institutions, research-based organizations, faith-based organizations, including organizations that are diverse in viewpoint, geography, ethnicity, and culture, and in the populations served. The members must provide, directly or through their organizations, assistance to persons who are victims and survivors of trafficking, or who work on antitrafficking efforts as part of their organization's work, or both.
(b) Additional members may be selected as determined by the director of the office of crime victims advocacy to ensure representation of interested groups.
(3) The task force shall be chaired by the director of the office of crime victims advocacy, or the director's designee.
(4) The task force shall determine the areas of focus and activity including, but not limited to, the following activities:
(a) Measure and evaluate the resource needs of victims and survivors of human trafficking and the progress of the state in trafficking prevention activities, as well as what is being done in other states and nationally to combat human trafficking;
(b) Identify available federal, state, and local programs that provide services to victims and survivors of trafficking that include, but are not limited to, health care, human services, housing, education, legal assistance, job training or preparation, interpreting services, English as a second language classes, and victim's compensation;
(c) Make recommendations on methods to provide a coordinated system of support and assistance to persons who are victims of trafficking; and
(d) Review the statutory response to human trafficking, analyze the impact and effectiveness of strategies contained in the current state laws, and make recommendations on legislation to further the state's antitrafficking efforts.
(5) The task force shall report its findings and make recommendations to the governor and legislature as needed.
(6) The office of crime victims advocacy shall provide necessary administrative and clerical support to the task force, within available resources.
(7) The members of the task force shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, within available resources.
[ 2015 c 273 s 3; 2003 c 266 s 1.]
Notes:
Effective date—2015 c 273: See note following RCW 7.68.370.
Effective date—2003 c 266: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2003]." [ 2003 c 266 s 3.]


title: RCW 7.68.360

text:
(1) By July 1, 2005, the director of the department of commerce, or the director's designee, shall within existing resources convene and chair a work group to develop written protocols for delivery of services to victims of trafficking of humans. The director shall invite appropriate federal agencies to consult with the work group for the purpose of developing protocols that, to the extent possible, are in concert with federal statutes, regulations, and policies. In addition to the director of the department of commerce, the following shall be members of the work group: The secretary of the department of health, the secretary of the department of social and health services, the attorney general, the director of the department of labor and industries, the commissioner of the employment security department, a representative of the Washington association of prosecuting attorneys, the chief of the Washington state patrol, two members selected by the Washington association of sheriffs and police chiefs, and five members, selected by the director of the department of commerce from a list submitted by public and private sector organizations that provide assistance to persons who are victims of trafficking. The attorney general, the chief of the Washington state patrol, and the secretaries or directors may designate a person to serve in their place.
Members of the work group shall serve without compensation.
(2) The protocols must meet all of the following minimum standards:
(a) The protocols must apply to the following state agencies: The department of commerce, the department of health, the department of social and health services, the attorney general's office, the Washington state patrol, the department of labor and industries, and the employment security department;
(b) The protocols must provide policies and procedures for interagency coordinated operations and cooperation with government agencies and nongovernmental organizations, agencies, and jurisdictions, including law enforcement agencies and prosecuting attorneys;
(c) The protocols must include the establishment of a database electronically available to all affected agencies which contains the name, address, and telephone numbers of agencies that provide services to victims of human trafficking; and
(d) The protocols must provide guidelines for providing for the social service needs of victims of trafficking of humans, including housing, health care, and employment.
(3) By January 1, 2006, the work group shall finalize the written protocols and submit them with a report to the legislature and the governor.
(4) The protocols shall be reviewed on a biennial basis by the work group to determine whether revisions are appropriate. The director of the department of commerce, or the director's designee, shall within existing resources reconvene and chair the work group for this purpose.
[ 2023 c 470 s 2001; 2005 c 358 s 2.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Intent—Finding—2005 c 358: "The legislature recognizes that human trafficking is growing to epidemic proportions and that our state is impacted. Human trafficking is one of the greatest threats to human dignity. It is the commodification of human beings and an assault on human values. Washington is, and must continue to be, a national leader at the state level in the fight against human trafficking.
The legislature recognizes there are many state agencies and private organizations that might be called on to provide services to victims of trafficking of humans. Victims of human trafficking are often in need of services such as emergency medical attention, food and shelter, vocational and English language training, mental health counseling, and legal support. The state intends to improve the response of state, local, and private entities to incidents of trafficking of humans. Victims would be better served if there is an established, coordinated system of identifying the needs of trafficking victims, protocols for training of service delivery agencies and staff, timely and appropriate delivery of services, and better investigations and prosecutions of trafficking.
Leadership in providing services to victims of trafficking of humans also extends beyond government efforts and is grounded in the work of highly dedicated individuals and community-based groups. Without these efforts the struggle against human trafficking will be very difficult to win. The legislature, therefore, finds that such efforts merit regular public recognition and appreciation. Such recognition and appreciation will encourage the efforts of all persons to end human trafficking, and provide the public with information and education about the necessity of its involvement in this struggle." [ 2005 c 358 s 1.]
Effective date—2005 c 358: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005]." [ 2005 c 358 s 3.]

catchline: Human trafficking—Coordinated state agency protocols.