H-1783.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1189

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Ludwig, Locke, Padden, Riley, Inslee, Paris, Mielke, Scott, H. Myers, R. Meyers and Orr).

Read first time February 19, 1991.  Allowing courts to award costs for probation or deferred prosecution.

     AN ACT Relating to misdemeanors; amending RCW 10.05.140, 10.05.170, 10.64.120, and 10.01.160; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 10.05.140 and 1985 c 352 s 16 are each amended to read as follows:

     As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance.  The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490.  As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160.  The court may terminate the deferred prosecution program upon violation of this section.

     Sec. 2.  RCW 10.05.170 and 1985 c 352 s 19 are each amended to read as follows:

     As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120.  In a jurisdiction with a probation department, the court may appoint the probation department to supervise the petitioner.  In a jurisdiction without a probation department, the court may appoint an appropriate person or agency to supervise the petitioner.  A supervisor appointed under this section shall be required to do at least the following:

     (1) If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every six months request from the department of licensing an abstract of the petitioner's driving record; and

     (2) At least once every month make contact with the petitioner or with any agency to which the petitioner has been directed for treatment as a part of the deferral.

     Sec. 3.  RCW 10.64.120 and 1982 c 207 s 4 are each amended to read as follows:

     (1) Every judge of a court of limited jurisdiction shall have the authority to levy ((upon each misdemeanant)) a monthly assessment not to exceed fifty dollars for services provided whenever ((such)) a person is referred by the court to the ((misdemeanant)) probation department for evaluation or supervision services.  The assessment may also be made by a sentencing judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court.

     (2) It shall be the responsibility of the ((misdemeanant)) probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury.

     (3) Revenues raised under this section shall be used to fund programs for ((misdemeanant)) probation services and shall be in addition to those funds provided in RCW 3.62.050.

     Sec. 4.  RCW 10.01.160 and 1987 c 363 s 1 are each amended to read as follows:

     (1) The court may require a convicted defendant, or defendant granted a deferred prosecution under chapter 10.05 RCW, to pay costs.

     (2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant or in administering the deferred prosecution program under chapter 10.05 RCW.  They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law.  Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a convicted defendant to pay.  Costs for administering a deferred prosecution may not exceed one hundred fifty dollars.

     (3) The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them.  In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

     (4) A defendant who has been sentenced to pay costs and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him for remission of the payment of costs or of any unpaid portion thereof.  If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.