Title 218 WAC — Forensic Investigations Council

Chapter 218-04 Forensics.

Wash. Admin. Code § 218-04-010 Purpose and duties.

The forensic investigations council is established pursuant to chapter 398, Laws of 1995. The purpose of the forensic investigations council is to:

(1) Preserve and enhance the state crime laboratory;

(2) Fund the death investigation system and to make related state and local institutions more efficient;

(3) Preserve and enhance the state toxicology laboratory;

(4) Provide resources necessary for the performance, by qualified pathologists, of autopsies;

(5) Improve the performance of death investigations and the criminal justice system through the formal training of county coroners and county medical examiners;

(6) Establish and maintain a dental identification system; and

(7) Provide flexibility so that any county may establish a county morgue when it serves the public interest.

History

• Statutory Authority: RCW 34.05.020. WSR 96-16-062, § 218-04-010, filed 8/5/96, effective 9/5/96.

Wash. Admin. Code § 218-04-020 Membership.

The forensic investigations council consists of twelve members, selected by the governor, as follows: One county coroner; one county prosecutor; one county prosecutor who also serves as ex officio county coroner; one county medical examiner; one county sheriff; one chief of police; the chief of the state patrol; two members of a county legislative authority; and one pathologist who is currently in private practice; and two members of a city legislative authority.

History

• Statutory Authority: RCW 34.05.020. WSR 96-16-062, § 218-04-020, filed 8/5/96, effective 9/5/96.

Wash. Admin. Code § 218-04-030 Officers.

There shall be a chair and vice chair elected from the members of the council. The chair does not vote except in case of a tie vote.

History

• Statutory Authority: RCW 34.05.020. WSR 96-16-062, § 218-04-030, filed 8/5/96, effective 9/5/96.

Wash. Admin. Code § 218-04-040 Meetings.

(1) The forensic investigations council shall hold its regular meetings on the fourth Friday of each month, at 9:00 a.m., at the State of Washington Combined Transportation Center WSP Crime Laboratory, 2502 112th St. East, Tacoma, WA 98455. If at any time any regular meeting falls on a holiday, such meeting shall be held at the direction of the chair. The forensic investigations council may hold other meetings from time to time when called by the chair or when requested, in writing, by five members of the council.

(2) Seven members of the council shall constitute a quorum for the transaction of business.

(3) All meetings of the council shall be open to the public pursuant to chapter 42.30 RCW Open Public Meetings Act.

(4) Meetings of the council shall be held in accordance with Roberts Rules of Order, Current Revised Edition, whenever requested by any member of the commission.

(5) Conference calls by telephone are a proper form of meeting.

History

• Statutory Authority: RCW 34.05.020. WSR 96-16-062, § 218-04-040, filed 8/5/96, effective 9/5/96.

Wash. Admin. Code § 218-04-050 Public records.

All public records of the forensic investigations council, including minutes, shall be available unless exempt for disclosure under chapters 42.17 or 42.30 RCW. Any member of the public may examine records of the commission by directing a request to the Executive or Deputy Director of the Washington Association of County Officials, 206 Tenth Avenue SE, Olympia, Washington 98501-1311, (360) 753-7319, fax: 753-2842. The charge for copying records shall be pursuant to RCW 42.17.300.

History

• Statutory Authority: RCW 34.05.020. WSR 96-16-062, § 218-04-050, filed 8/5/96, effective 9/5/96.

Chapter 218-10 State death investigations account assistance applications.

Wash. Admin. Code § 218-10-005 Authority.

This chapter is adopted pursuant to chapter 142, Washington Laws of 1999, relating to the authority of the forensic investigations council to prescribe rules governing the disbursement of funds to local jurisdictions to assist them in the investigation of multiple deaths involving unanticipated, extraordinary, and catastrophic events, or involving multiple jurisdictions and to secure forensic anthropology services and other testing designed to aid in the identification of human remains upon a showing of financial need.

History

• Statutory Authority: RCW 43.103.090(1). WSR 24-16-115, § 218-10-005, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 43.103.090 (1)(d). WSR 03-22-012, § 218-10-005, filed 10/24/03, effective 12/1/03.

Wash. Admin. Code § 218-10-010 Purpose.

The purpose of this chapter is to set forth the procedures governing all applications for state death investigations account assistance.

History

• Statutory Authority: RCW 43.103.090 (1)(d). WSR 03-22-012, § 218-10-010, filed 10/24/03, effective 12/1/03.

Wash. Admin. Code § 218-10-015 Definitions.

(1) "Death investigation budget" shall mean the local jurisdiction's appropriation into the coroner or medical examiner budgets for the determination of cause and manner of death.

(2) "Forensic anthropology services" shall mean services to local jurisdictions in an applied area of physical anthropology utilizing the science, methodology, and technology of physical/biological anthropology and related fields to help address medicolegal issues, such as personal identification and circumstances surrounding death.

(3) "Local jurisdiction" shall mean a city, town, or county of the state of Washington.

(4) "Multiple deaths involving multiple local jurisdictions" shall mean that the deaths occurred in two or more geographically distinct local jurisdictions.

(5) "Other testing" includes, but is not limited to, forensic odontology, forensic genealogy, and other forms of testing that in the judgment of the council may aid in the identification of human remains.

(6) "Unanticipated" shall mean an event having a disproportionate fiscal impact, relative to the local jurisdiction's death investigation budget and which cannot be reasonably foreseen in the normal budget process.

History

• Statutory Authority: RCW 43.103.090(1). WSR 24-16-115, § 218-10-015, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 43.103.090 (1)(d). WSR 03-22-012, § 218-10-015, filed 10/24/03, effective 12/1/03.

Wash. Admin. Code § 218-10-020 Eligibility standards.

(1) Only the following investigations, forensic anthropology services, and other testing are eligible for funding assistance:

(a) Investigations of multiple deaths involving unanticipated, extraordinary, and catastrophic events;

(b) Investigations of multiple deaths involving multiple local jurisdictions; and

(c) Forensic anthropology services and other testing designed to aid in the identification of human remains.

(2) Funding assistance shall be limited to supplementations of the death investigation budget of a local jurisdiction.

(3) Funding assistance shall not be used to supplant moneys reasonably available from other state or federal sources.

History

• Statutory Authority: RCW 43.103.090(1). WSR 24-16-115, § 218-10-020, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 43.103.090 (1)(d). WSR 03-22-012, § 218-10-020, filed 10/24/03, effective 12/1/03.

Wash. Admin. Code § 218-10-025 Application process.

(1) To qualify for consideration and eligibility for assistance from the state death investigations account, the legislative authority of the local jurisdiction shall:

(a) Submit to the forensic investigations council an application on a form approved by the council;

(b) Provide a written statement to the council that includes the following:

(i) The scope and nature of the emergency that requires additional funding;

(ii) The amount of jurisdiction funds available for the investigation;

(iii) The estimated need of supplemental funding from FIC;

(iv) A description of the private, federal, state, or local government resources the jurisdiction has applied to for funding and the amount they anticipate receiving from each source;

(v) Any other information that demonstrates the jurisdiction has a financial need;

(vi) Provide any additional information requested by the forensic investigations council, in order to evaluate the request for assistance.

(2) The request will be promptly reviewed, and the council shall deny, grant, or grant in part the request in writing subject to the availability of FIC funding for the current biennium.

History

• Statutory Authority: RCW 43.103.090(1). WSR 24-16-115, § 218-10-025, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 43.103.090 (1)(d). WSR 03-22-012, § 218-10-025, filed 10/24/03, effective 12/1/03.

Wash. Admin. Code § 218-10-030 Effective date.

Funding assistance shall be available only for death investigations that commenced after August 1, 2003. Funding assistance shall be available for forensic anthropology services and other testing designed to aid in the identification of human remains regardless of the age of a case.

History

• Statutory Authority: RCW 43.103.090(1). WSR 24-16-115, § 218-10-030, filed 8/5/24, effective 9/5/24. Statutory Authority: RCW 43.103.090 (1)(d). WSR 03-22-012, § 218-10-030, filed 10/24/03, effective 12/1/03.