SB 6709 -
By Senator Brandland
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 9.94A RCW
to read as follows:
(1) Before imposing any legal financial obligations upon a
defendant who suffers from a mental health condition, other than
restitution or the victim penalty assessment under RCW 7.68.035, a
judge must first determine that the defendant, under the terms of this
section, has the means to pay such additional sums.
(2) For the purposes of this section, a defendant suffers from a
mental health condition when the defendant has been diagnosed with a
mental disorder that prevents the defendant from participating in
gainful employment, as evidenced by a determination of mental
disability as the basis for the defendant's enrollment in a public
assistance program, a record of involuntary hospitalization, or by
competent expert evaluation."
SB 6709 -
By Senator Brandland
On page 1, line 1 of the title, after "obligations;" strike the remainder of the title and insert "and adding a new section to chapter 9.94A RCW."
EFFECT: Waiver of the victim penalty assessment and restitution is disallowed for a defendant who suffers from a mental health condition. Before any other legal financial obligations may be imposed, the court must determine whether the defendant has the ability to pay.