BILL REQ. #:  S-0269.1 

Read first time 01/15/09.   Referred to Committee on Judiciary.

     AN ACT Relating to interest on judgments entered against offenders; and amending RCW 10.82.090.

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

Sec. 1   RCW 10.82.090 and 2004 c 121 s 1 are each amended to read as follows:
     (1)(a) Except as provided in subsection (2) of this section, financial obligations imposed in a judgment shall bear interest as follows:
     (i) If the sentence of the offender does not include a period of total confinement, financial obligations imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments.
     (ii) If the sentence of the offender includes a period of total confinement:
     (A) Financial obligations imposed in a judgment related to restitution shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments; and
     (B) Financial obligations related to costs, fines, and other assessments, other than restitution, shall bear interest from the date of the offender's release from total confinement until payment, at the rate applicable to civil judgments. For the purposes of calculating interest on these financial obligations, upon release from total confinement, the department of corrections or the county jail shall notify the clerk of the county in which the conviction occurred.
     (b) All nonrestitution interest retained by the court shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.
     (2) The court may, on motion by the offender, following the offender's release from total confinement, reduce or waive the interest on legal financial obligations levied as a result of a criminal conviction. The court may reduce or waive the interest only as an incentive for the offender to meet his or her legal financial obligations. The court may not waive the interest on the restitution portion of the legal financial obligation and may only reduce the interest on the restitution portion of the legal financial obligation if the principal of the restitution has been paid in full. The offender must show that he or she has personally made a good faith effort to pay, that the interest accrual is causing a significant hardship, and that he or she will be unable to pay the principal and interest in full and that reduction or waiver of the interest will likely enable the offender to pay the full principal and any remaining interest thereon. For purposes of this section, "good faith effort" means that the offender has either (a) paid the principal amount in full; or (b) made twenty-four consecutive monthly payments, excluding any payments mandatorily deducted by the department of corrections, on his or her legal financial obligations under his or her payment agreement with the court. The court may grant the motion, establish a payment schedule, and retain jurisdiction over the offender for purposes of reviewing and revising the reduction or waiver of interest. This section applies to persons convicted as adults or in juvenile court.