Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                      SUBSTITUTE SENATE BILL 6146
                       Chapter 207, Laws of 2024
                               68th Legislature
                             2024 Regular Session
                               TRIBAL WARRANTS
EFFECTIVE DATE: July 1, 2025—Except for section 17, which takes
                      effect May 1, 2024.
Passed by the Senate March 5, 2024                   CERTIFICATE
  Yeas 48 Nays 0
                                        I, Sarah Bannister, Secretary of
                                        the   Senate   of   the   State  of
              DENNY HECK                Washington, do hereby certify that
President of the Senate                 the attached is SUBSTITUTE SENATE
                                        BILL 6146 as passed by the Senate
                                        and the House of Representatives on
                                        the dates hereon set forth.
Passed by the House February 28, 2024
  Yeas 94 Nays 0
                                                  SARAH BANNISTER
            LAURIE JINKINS                                           Secretary
Speaker of the House of
Representatives
Approved March 19, 2024 3:05 PM                         FILED
                                                    March 21, 2024
                                                 Secretary of State
              JAY INSLEE                         State of Washington
Governor of the State of Washington
                           SUBSTITUTE SENATE BILL 6146
                             AS AMENDED BY THE HOUSE
                   Passed Legislature - 2024 Regular Session
     State of Washington         68th Legislature        2024 Regular Session
     By Senate Law & Justice (originally sponsored by Senators Dhingra,
     Kauffman, Robinson, Stanford, Hasegawa, Randall, Wellman, Kuderer,
     Lovelett, Nobles, Saldaña, Shewmake, Valdez, and C. Wilson)
     READ FIRST TIME 01/26/24.
      AN ACT Relating to tribal warrants; adding a new chapter to Title
  10 RCW; creating a new section; providing an effective date;
  providing an expiration date; and declaring an emergency.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.   Sec. 1.   The legislature recognizes that the 29
 federally recognized Indian tribes with territory inside the state of
 Washington have a shared interest with the state in public safety,
 and that continued and expanded cooperation with tribal justice
 systems will promote that interest. The legislature also recognizes
 that tribes have, for decades, agreed by treaty and through practice
 not to shelter or conceal those individuals who violate state law and
 to surrender them to the state for prosecution. In the interests of
 public safety and partnership, it is therefore the intent of the
 legislature to create uniform processes by which the state may
 consistently reciprocate with tribes the return of those individuals
 who violate tribal law and seek to avoid tribal justice systems by
 leaving tribal jurisdiction.
     The legislature further recognizes it is a constitutional
 imperative that individuals alleged to have violated criminal laws
 are afforded the fullest protections of due process including, but
 not limited to: (1) The right to effective assistance of counsel at
                                       p. 1                       SSB 6146.SL
 least equal to that guaranteed by the United States Constitution; (2)
 the right of an indigent defendant to the assistance of a licensed
 defense attorney, at the expense of the tribal government; (3) the
 right to a criminal proceeding presided over by a judge who is
 licensed to practice law and has sufficient legal training; (4) the
 right to have access, prior to being charged, to the tribe's criminal
 laws, rules of evidence, and rules of criminal procedure; and (5) the
 right to a record of the criminal proceeding, including an audio or
 other recording of the trial proceeding. The legislature finds that
 numerous federally recognized tribes with territory inside the state
 have systems and processes recognized by the federal government as
 providing due process to defendants at least equal to those required
 by the United States Constitution. The legislature also finds that
 all defendants in tribal courts have the right to petition for a writ
 of habeas corpus.
     The legislature additionally recognizes the importance of
 establishing clear statutory duties when directing peace officers of
 this state to effectuate new aspects of their work. It is the intent
 of the legislature that this act set forth procedures by which peace
 officers and correctional staff of this state must recognize and
 effectuate tribal arrest warrants.
     Therefore, the legislature declares the purpose of this act is to
 expand cross jurisdictional cooperation so that fugitives from tribal
 courts cannot evade justice by remaining off reservation in
 Washington's counties and cities, while ensuring that defendants
 receive the fullest due process protections.
     NEW SECTION.    Sec. 2.    The definitions in this section apply
 throughout   this  chapter   unless  the   context  clearly  requires
 otherwise.
     (1) "Noncertified tribe" means a federally recognized tribe
 located within the borders of the state of Washington that is
 requesting that a tribal fugitive be surrendered to the duly
 authorized agent of the tribe, but has not received approval to
 exercise jurisdiction under the tribal law and order act of 2010,
 section 234, codified at 25 U.S.C. Sec. 1302, and which has agreed by
 treaty or practice not to shelter or conceal offenders against the
 laws of the state of Washington but to deliver them up to state
 authorities for prosecution.
                                     p. 2                      SSB 6146.SL
     (2) "Certified tribe" means a federally recognized tribe located
 within the borders of the state of Washington that (a) may impose a
 term of imprisonment of greater than one year, or a fine greater than
 $5,000, or both, pursuant to the tribal law and order act of 2010,
 section 234, codified at 25 U.S.C. Sec. 1302; and (b) has agreed not
 to shelter or conceal offenders against the laws of the state of
 Washington but to deliver them up to state authorities for
 prosecution.
     (3) "Peace officer" has the same meaning as in RCW 10.93.020(4).
     (4) "Place of detention" means a jail as defined in RCW
 70.48.020, a correctional facility as defined in RCW 72.09.015, and
 any similar facility contracted by a city or county.
     (5) "Tribal court judge" includes every judicial officer
 authorized alone or with others, to hold or preside over the criminal
 court of a certified tribe or noncertified tribe.
     (6) "Tribal fugitive" or "fugitive" means any person who is
 subject to tribal court criminal jurisdiction, committed an alleged
 crime under the tribal code, and thereafter fled tribal jurisdiction,
 including by escaping or evading confinement, breaking the terms of
 their probation, bail, or parole, or absenting themselves from the
 jurisdiction of the tribal court.
     (7) "Tribal police officer" has the same meaning as in RCW
 10.92.010.
     NEW SECTION.      Sec. 3.     A certified tribe must provide
 certification of section 2(2) (a) and (b) of this act, signed by the
 tribe's judicial officer and chief legal counsel, to the office of
 the attorney general. The office of the attorney general shall
 receive the certification documentation indicating that the tribe
 meets the requirements of the tribal law and order act of 2010
 section 234, codified at 25 U.S.C. Sec. 1302, and review the
 documentation to confirm that it is complete according to the
 information provided in the documentation. The office of the attorney
 general shall be immune from liability arising out of the performance
 of duties under this section, except their intentional or willful
 misconduct.
        I. PROCEDURE FOR TRIBAL WARRANTS OF NONCERTIFIED TRIBES
                                     p. 3                      SSB 6146.SL
     NEW SECTION. Sec. 4. A place of detention shall provide notice
 to the tribal law enforcement within the jurisdiction of a
 noncertified tribe who issued an arrest warrant for a tribal fugitive
 as soon as practicable after learning that the tribal fugitive is a
 prisoner in the place of detention. The notice shall include the
 reason for the detention and the anticipated date of release, if
 known.
     NEW SECTION. Sec. 5. The noncertified tribe whose court issued
 the warrant of arrest may demand the extradition of the tribal
 fugitive from a place of detention. The demand will be recognized if
 in writing, it alleges that the person is a tribal fugitive, the
 tribal court has jurisdiction, and is accompanied by either:
     (1) A copy of the complaint, information, or other charging
 document supported by affidavit of the tribe having jurisdiction of
 the crime;
     (2)   A  copy   of  an   affidavit made  before  an  authorized
 representative of the tribal court, together with a copy of any
 warrant which was issued thereupon; or
     (3) A copy of a judgment of conviction or of a sentence imposed
 in execution thereof.
     NEW SECTION.    Sec. 6.     If a criminal prosecution has been
 instituted against a tribal fugitive under the laws of this state or
 any political subdivision thereof and is still pending, extradition
 on a tribal court request under sections 4 through 10 of this act
 shall be placed on hold until the tribal fugitive's release from a
 place of detention, unless otherwise agreed upon in any given case.
     NEW SECTION.   Sec. 7.   (1) The attorney general or prosecuting
 attorney shall submit all applicable documents specified in section 4
 of this act to a superior court judge in this state along with a
 motion for an order of surrender. The motion for an order of
 surrender shall be served upon the person whose extradition is
 demanded.
     (2) A person who is served with a motion for an order of
 surrender shall be taken before a superior court judge in this state
 the next judicial day. The judge shall inform the person of the
 demand made for the person's surrender and the underlying reason for
                                     p. 4                      SSB 6146.SL
 the demand, and that the person has the right to demand and procure
 legal counsel.
     (3) The person whose return is demanded may, in the presence of
 any superior court judge, sign a statement that the person consents
 to his or her return to the noncertified tribe. However, before such
 waiver may be executed, it shall be the duty of such judge to inform
 the person of his or her right to test the legality of the
 extradition request before an order of surrender may be issued.
     (4) Any hearing to test the legality of the extradition request
 shall occur within three judicial days, excluding weekends and
 holidays, of the person receiving notice of the motion for an order
 of surrender. The hearing is limited to determining:
     (a) Whether the person has been charged with or convicted of a
 crime by the noncertified tribe;
     (b) Whether the person before the court is the person named in
 the request for extradition; and
     (c) Whether the person is a fugitive.
     (5) The guilt or innocence of the person as to the crime of which
 the person is charged may not be inquired into by a superior court
 judge except as it may be necessary to identify the person held as
 being the person charged with the crime.
     (6) If the superior court judge determines that the requirements
 of subsection (4) of this section and section 4 of this act have been
 met, the judge shall issue an order of surrender to the noncertified
 tribe. If the noncertified tribe does not take custody of the person
 pursuant to the order of surrender on the date the person is
 scheduled to be released from the place of detention or within 48
 hours of the entry of the order of surrender, whichever is later, the
 person may be released from custody with bail conditioned on the
 person's appearance before the court at a time specified for his or
 her surrender to the noncertified tribe or for the vacation of the
 order of surrender.
     NEW SECTION. Sec. 8. Subject to the provisions of section 6 of
 this act, a place of detention shall deliver or make available a
 person in custody to the noncertified tribe without a judicial order
 of surrender provided that:
     (1) Such person is alleged to have broken the terms of his or her
 probation, parole, bail, or any other release of the noncertified
 tribe; and
                                     p. 5                      SSB 6146.SL
     (2) The place of detention has received from the noncertified
 tribe an authenticated copy of a prior waiver of extradition signed
 by such person as a term of his or her probation, parole, bail, or
 any other release of the noncertified tribe and photographs or
 fingerprints or other evidence properly identifying the person as the
 person who signed the waiver.
     NEW SECTION.   Sec. 9.   (1) A noncertified tribe that requests
 extradition pursuant to this act is responsible to arrange the
 transportation for the tribal fugitive from the place of detention to
 the tribal court or detention facility. The detention facility and
 noncertified tribe are encouraged to select the means of transport
 that best protects public safety after considering available
 resources. At the request of a noncertified tribe, a city, county, or
 the governor must engage in good faith efforts to negotiate an
 agreement to effectuate this subsection.
     (2) A tribal court representative who is certified as a general
 authority Washington peace officer under chapter 10.92 RCW, or who is
 cross-deputized pursuant to chapter 10.93 RCW, may transport a tribal
 fugitive within the state of Washington pursuant to an order of
 surrender.
     NEW SECTION. Sec. 10. (1) A peace officer may arrest a person
 subject to a tribal arrest warrant from a noncertified tribe when the
 warrant is presented by a tribal court representative or tribal law
 enforcement officer to the peace officer or a general authority
 Washington law enforcement agency as defined in RCW 10.93.020 or
 entered   in  the   national  crime  information   center  interstate
 identification index. The arrested person must be brought to an
 appropriate place of detention and then to the nearest available
 superior court judge without unnecessary delay. The superior court
 judge shall issue an order continuing custody upon presentation of
 the tribal arrest warrant.
     (2) The judge shall inform the person appearing under subsection
 (1) of this section of the name of the noncertified tribe that has
 subjected the person to an arrest warrant, the basis of the arrest
 warrant, the right to assistance of counsel, and the right to require
 a judicial hearing before transfer of custody to the applicable
 noncertified tribe.
                                     p. 6                      SSB 6146.SL
     (3) After being informed by the judge of the effect of a waiver,
 the arrested person may waive the right to require a judicial hearing
 and consent to return to the applicable noncertified tribe by
 executing a written waiver. If the waiver is executed, the judge
 shall issue an order to transfer custody under subsection (5) of this
 section or, with consent of the applicable noncertified tribe,
 authorize the voluntary return of the person to that tribe.
     (4) If a hearing is not waived under subsection (3) of this
 section, the court shall hold a hearing within three days, excluding
 weekends and holidays, after the initial appearance. The arrested
 person and the prosecuting attorney's office shall be informed of the
 time and place of the hearing. The court shall release the person
 upon conditions that will reasonably assure availability of the
 person for the hearing or direct a peace officer to maintain custody
 of the person until the time of the hearing. Following the hearing,
 the judge shall issue an order to transfer custody under subsection
 (5) of this section unless the arrested person established by clear
 and convincing evidence that the arrested person is not the person
 identified in the warrant. If the court does not order transfer of
 custody, the judge shall order the arrested person to be released.
     (5) A judicial order to transfer custody issued under subsection
 (4) of this section shall be directed to a peace officer to take or
 retain custody of the person until a representative of the applicable
 noncertified tribe is available to take custody. If the noncertified
 tribe has not taken custody with three days, excluding weekends and
 holidays, the court may order the release of the person upon
 conditions that will assure the person's availability on a specified
 date with seven days. If the noncertified tribe has not taken custody
 within the time specified in the order, the person shall be released.
 Thereafter, an order to transfer custody may be entered only if a new
 arrest warrant is issued. The court may authorize the voluntary
 return of the p