|Passed by the House February 13, 2010|
Speaker of the House of Representatives
Passed by the Senate March 2, 2010
President of the Senate
I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2487 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||61st Legislature||2010 Regular Session|
READ FIRST TIME 01/26/10.
AN ACT Relating to increasing costs for administering a deferred prosecution; and amending RCW 10.01.160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 10.01.160 and 2008 c 318 s 2 are each amended to read
(1) The court may require a defendant to pay costs. Costs may be imposed only upon a convicted defendant, except for costs imposed upon a defendant's entry into a deferred prosecution program, costs imposed upon a defendant for pretrial supervision, or costs imposed upon a defendant for preparing and serving a warrant for failure to appear.
(2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant or in administering the deferred prosecution program under chapter 10.05 RCW or pretrial supervision. They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law. Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a defendant to pay. Costs for administering a deferred prosecution ((
or)) may not exceed two hundred fifty dollars. Costs for
administering a pretrial supervision may not exceed one hundred fifty
dollars. Costs for preparing and serving a warrant for failure to
appear may not exceed one hundred dollars. Costs of incarceration
imposed on a defendant convicted of a misdemeanor or a gross
misdemeanor may not exceed the actual cost of incarceration. In no
case may the court require the offender to pay more than one hundred
dollars per day for the cost of incarceration. Payment of other court-ordered financial obligations, including all legal financial
obligations and costs of supervision take precedence over the payment
of the cost of incarceration ordered by the court. All funds received
from defendants for the cost of incarceration in the county or city
jail must be remitted for criminal justice purposes to the county or
city that is responsible for the defendant's jail costs. Costs imposed
constitute a judgment against a defendant and survive a dismissal of
the underlying action against the defendant. However, if the defendant
is acquitted on the underlying action, the costs for preparing and
serving a warrant for failure to appear do not survive the acquittal,
and the judgment that such costs would otherwise constitute shall be
(3) The court shall not order a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(4) A defendant who has been ordered to pay costs and who is not in contumacious default in the payment thereof may at any time petition the sentencing court for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.
(5) Except for direct costs relating to evaluating and reporting to the court, prosecutor, or defense counsel regarding a defendant's competency to stand trial as provided in RCW 10.77.060, this section shall not apply to costs related to medical or mental health treatment or services a defendant receives while in custody of the secretary of the department of social and health services or other governmental units. This section shall not prevent the secretary of the department of social and health services or other governmental units from imposing liability and seeking reimbursement from a defendant committed to an appropriate facility as provided in RCW 10.77.084 while criminal proceedings are stayed. This section shall also not prevent governmental units from imposing liability on defendants for costs related to providing medical or mental health treatment while the defendant is in the governmental unit's custody. Medical or mental health treatment and services a defendant receives at a state hospital or other facility are not a cost of prosecution and shall be recoverable under RCW 10.77.250 and 70.48.130, chapter 43.20B RCW, and any other applicable statute.