SENATE BILL REPORT

                   SB 5630

                    As of February 17, 1997

Title:  An act relating to the reimbursement of incarceration costs.

Brief Description:  Authorizing the reimbursement of incarceration costs.

Sponsors:  Senators Roach, Zarelli, Heavey, Schow, Stevens, Strannigan, Swecker, Morton, Anderson and Oke.

Brief History:

Committee Activity:  Human Services & Corrections:  2/18/97.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Staff:  Andrea McNamara (786-7483)

Background:  Currently, counties and the state are authorized to recover costs of incarceration under limited circumstances.  Pursuant to RCW 9.94A.145 and 10.01.160, municipalities, counties, and the state may recover incarceration costs of up to $50 a day from inmates with the means to pay, but other legal financial obligations take precedence.  Inmates in correctional industries programs usually have an amount deducted from their wages for cost of incarceration.

Summary of Bill:  Municipalities, counties, and the state may demand a community restoration fee to recover incarceration costs from persons incarcerated at a municipal, county, or state facility by virtue of a court decree.  The community restoration fee is limited to the average daily cost of incarceration in the facility.

Demand for payment must be given to the inmate at the time of release from confinement, with a reasonable date set for restitution to be made.

The inmate is to be notified in writing of the amount of the community restoration fee at the end of the sentence.  Payment must be made to the municipality, county, or state on the date specified, or suitable arrangements for payment must be made.

Failure to pay the amount demanded or failure to adhere to payment arrangements is a gross misdemeanor.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect on July 1, 1997.