_______________________________________________
HOUSE
BILL 2652
_______________________________________________
Passed
Legislature - 1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/16/96.
Referred to Committee on Corrections.
Clarifying existing
law on the costs of hospitalizing criminally insane patients.
AN ACT
Relating to the costs of hospitalizing criminally insane patients; amending RCW
43.20B.335 and 43.20B.345; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that laws and regulations relating to the rights of the state
to collection from criminally insane patients for cost of their hospitalization
are in need of clarification. The legislature previously directed the
department of social and health services to set standards regarding ability of
such patients to pay that would include pertinent factors, as well as unusual
and exceptional circumstances. The legislature finds that the regulations established
by the department fail to take into account a factor and circumstance that
should be paramount: Compensation owed by the patient to victims of his or her
criminally insane conduct. The state public policy recognizes the due dignity
and respect to be accorded victims of crime and the need for victims to be
compensated, as set forth in Article I, section 35 of the state Constitution
and in chapter 7.68 RCW. The legislature did not intend, in enacting RCW
43.20B.320, that the department attempt to obtain funds for hospitalization of
criminally insane patients that would otherwise have compensated the victims of
the patient. The purpose of this act is to clarify legislative intent and
existing law.
Sec.
2. RCW
43.20B.335 and 1987 c 75 s 14 are each amended to read as follows:
The
department is authorized to investigate the financial condition of each person
liable under the provisions of RCW 43.20B.355 and 43.20B.325 through
43.20B.350, and is further authorized to make determinations of the ability of
each such person to pay hospitalization charges and/or charges for outpatient
services, in accordance with the provisions of RCW 43.20B.355 and 43.20B.325
through 43.20B.350, and, for such purposes, to set a standard as a basis of
judgment of ability to pay, which standard shall be recomputed periodically to
reflect changes in the costs of living, and other pertinent factors, and to
make provisions for unusual and exceptional circumstances in the application of
such standard. Such factors and circumstances shall include judgments owed
by the person to any victim of an act that would have resulted in criminal
conviction of the patient but for a finding of criminal insanity. A victim
shall include a personal representative of an estate who has obtained judgment
for wrongful death against the criminally insane patient.
In
accordance with the provisions of the Administrative Procedure Act, chapter
34.05 RCW, the department shall adopt appropriate rules and regulations
relating to the standards to be applied in determining ability to pay such
charges, the schedule of charges pursuant to RCW 43.20B.325, and such other
rules and regulations as are deemed necessary to administer the provisions of
RCW 43.20B.355 and 43.20B.325 through 43.20B.350.
Sec.
3. RCW
43.20B.345 and 1987 c 75 s 16 are each amended to read as follows:
Whenever
any notice and finding of responsibility, or appeal therefrom, shall have
become final, the superior court, wherein such person or persons reside or have
property either real or personal, shall, upon application of the secretary
enter a judgment in the amount of the accrued monthly charges for the costs of
hospitalization, and/or the costs of outpatient services, and such judgment
shall have and be given the same effect as if entered pursuant to civil action
instituted in said court; except, such judgment shall not be the subject of
collection by the department unless and until any outstanding judgment for a
victim referenced in RCW 43.20B.335 has been fully satisfied.
