H-4671.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2039

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Johnson, Ballasiotes, Bush, Koster, Sump, Clements, Mielke, Dunn, Hickel, D. Schmidt, McMorris, Mulliken, Benson, D. Sommers, Smith, Mitchell, Boldt, Sheahan, Pennington, Delvin, Talcott, Sheldon, Wensman, Schoesler and Honeyford)

Read first time 01/28/98.  Referred to Committee on .

Making an inmate liable for the costs of the incarceration.

    AN ACT Relating to inmate fees; adding a new section to chapter 72.01 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 72.01 RCW to read as follows:

    (1) The community restoration fee is created making a person incarcerated at a municipal, county, or state facility, by virtue of a court decree, liable for costs incurred for the incarceration.  The incarcerated person must reimburse costs to a municipality, county, or state as stated below:

    (a) Municipalities and counties may demand a community restoration fee based on ability to pay at time of sentencing of no more than the average daily cost of incarceration from inmates.

    (b) The state of Washington may demand a community restoration fee in an amount of no more than the average daily cost of incarceration from inmates in a state penal 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.

    (2) Inmates, upon termination of their sentence, will be notified in writing by the appropriate authority of municipalities, counties, or the state of Washington of the costs incurred as a community restoration fee.  Payment must be made to the municipality, county, or state on the date specified, or suitable arrangements for payment must be made and all agreements for payment are binding.  Failure to pay the amount demanded or failure to adhere to payment arrangements constitutes a class 2 civil infraction.

NEW SECTION. Sec. 2.  This act takes effect July 1, 1998.

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