WSR 11-16-057

DEPARTMENT OF CORRECTIONS


[ Filed July 29, 2011, 9:02 a.m. ]

Reviser's note: The following material has not been adopted under the Administrative Procedure Act, chapter 34.05 RCW, but has been filed in the office of the code reviser and is published in the Register exactly as filed.

Following are amendments to chapter 137-65 WAC, Cost of supervision -- Probation and parole. These amendments are submitted for publication in the Washington State Register and the Washington Administrative Code. Pertinent information follows:

1. The amendments to chapter 137-65 WAC, Cost of supervision -- Probation and parole, are adopted as of July 29, 2011.

2. The effective date of these amendments shall be August 29, 2011.

3. The statutory authority for these amendments is RCW 72.01.090, chapters 9.94A, 9.95, and 72.04A RCW.

4. I certify pursuant to RCW 34.05.030 that the rule as stated above is excluded from the Administrative Procedure Act.

Bernard Warner

Secretary

OTS-4101.3

Chapter 137-65 WAC

COST OF SUPERVISION -- ((PROBATION AND PAROLE)) SUPERVISION INTAKE FEE


AMENDATORY SECTION(Amending Order 82-16, filed 12/22/82)

WAC 137-65-010   Purpose.   The purpose of this regulation is to provide administrative rules and standards pursuant to chapters 9.94A, 9.95, and 72.04A RCW((, as now or hereafter amended which)). Those chapters require((s)) a ((cost-of-supervision assessment for certain felony parolees)) supervision intake fee to be assessed on offenders supervised by the department of corrections.

[Statutory Authority: Chapters 72.04A and 9.94A RCW, as amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), 137-65-010, filed 12/22/82.]


AMENDATORY SECTION(Amending Order 82-16, filed 12/22/82)

WAC 137-65-020   Scope.   This regulation shall apply to the following individuals:

(1) Every person convicted of a felony in the state of Washington and placed on parole effective July 1, 1982, when such convicted person is required by the indeterminate sentence review board ((of prison terms and paroles)) or the department of corrections to pay a ((monthly cost of)) supervision intake fee (((assessment))) to the state;

(2) Every person determined to be eligible for supervision by the department of corrections who is transferred to Washington state under the interstate compact.

(3) Every person sentenced in Washington state for a felony, gross misdemeanor or misdemeanor, who is determined to be eligible for supervision by the department.

[Statutory Authority: Chapters 72.04A and 9.94A RCW, as amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), 137-65-020, filed 12/22/82.]


AMENDATORY SECTION(Amending Order 82-16, filed 12/22/82)

WAC 137-65-030   Fee.   The following fees may be assessed by the indeterminate sentence review board ((of prison terms and parole)) or the department of corrections for individuals on supervision or parolees on active status: ((Fifteen dollars per month for regular, routine parole and up to fifty dollars per month for special or intensive parole supervision.))

(1) For Washington state sentenced individuals or interstate compact transferred individuals whose offense date was before October 1, 2011, the monthly cost of supervision rate shall be converted to a one-time fee. The amount due shall be based upon the most recent monthly fee amount times the number of months of supervision left to serve, not to exceed six hundred dollars. The amount or dates payments are due for any balances owed by an offender for the cost of supervision prior to October 1, 2011, remain in effect.

(2) For Washington state sentenced individuals or interstate compact transferred individuals whose offense date was on or after October 1, 2011, the department of corrections shall assess a four hundred seventy-five dollar supervision intake fee for each judgment and sentence imposed by the court in which supervision by the department of corrections is required.

[Statutory Authority: Chapters 72.04A and 9.94A RCW, as amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), 137-65-030, filed 12/22/82.]


AMENDATORY SECTION(Amending Order 82-16, filed 12/22/82)

WAC 137-65-050   Instructions.   When ordered by the ((board of prison terms and paroles to pay the monthly cost of)) department of corrections to pay the supervision ((assessment)) intake fee, the subject offender will receive written instructions specifying terms of payment.

[Statutory Authority: Chapters 72.04A and 9.94A RCW, as amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), 137-65-050, filed 12/22/82.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 137-65-040 P.P.I. report.
WAC 137-65-060 Exception.
WAC 137-65-070 Violation.

Washington State Code Reviser's Office