S-4709.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6315

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Kohl and Schow; by request of Department of Corrections)

Read first time 01/24/96.

Revising procedures for recoupment of assessments against offenders.

    AN ACT Relating to offender debts; and amending RCW 72.09.450.

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

    Sec. 1.  RCW 72.09.450 and 1995 1st sp.s. c 19 s 4 are each amended to read as follows:

    (1) An inmate shall not be denied access to services or supplies required by state or federal law solely on the basis of his or her inability to pay for them.

    (2) The department shall record all lawfully authorized assessments for services or supplies as a debt to the department ((and)).  The department shall recoup the assessments when the inmate's institutional account exceeds the indigency standard, and may pursue other remedies to recoup the assessments after the period of incarceration.

(3) The department shall record as a debt any costs assessed by a court against an inmate plaintiff where the state is providing defense pursuant to chapter 4.92 RCW.  The department shall recoup the debt when the inmate's institutional account exceeds the indigency standard and may pursue other remedies to recoup the debt after the period of incarceration.

(4) In order to maximize the cost-efficient collection of unpaid offender debt existing after the period of an offender's incarceration, the department is authorized to (a) use the collection services available through the department of general administration, or (b) notwithstanding any provision of chapter 41.06 RCW, contract with collection agencies for collection of the debts.  The costs for general administration or collection agency services shall be paid by the debtor.  Any contract with a collection agency shall only be awarded after competitive bidding.  Factors the department shall consider in awarding a collection contract include but are not limited to a collection agency's history and reputation in the community; and the agency's access to a local data base that may increase the efficiency of its collections.  The servicing of an unpaid obligation to the department does not constitute assignment of a debt, and no contract with a collection agency may remove the department's control over unpaid obligations owed to the department.

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