BILL REQ. #: Z-0148.3
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/27/11. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to the cost of supervision; and amending RCW 9.94A.780, 9.95.214, 72.04A.120, 72.11.040, and 9.94A.74504.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.780 and 2008 c 231 s 37 are each amended to read
as follows:
(1) Whenever a punishment imposed under this chapter requires
supervision services to be provided, the offender shall pay to the
department of corrections the ((monthly assessment)) supervision intake
fee, prescribed under subsection (2) of this section, ((which shall be
for the duration of the terms of supervision and)) which shall be
considered as payment or part payment of the cost of ((providing))
establishing supervision to the offender. The department may exempt or
defer a person from the payment of all or any part of the
((assessment)) intake fee based upon any of the following factors:
(a) The offender has diligently attempted but has been unable to
obtain employment that provides the offender sufficient income to make
such a payment((s)).
(b) The offender is a student in a school, college, university, or
a course of vocational or technical training designed to fit the
student for gainful employment.
(c) The offender has an employment handicap, as determined by an
examination acceptable to or ordered by the department.
(d) The offender's age prevents him or her from obtaining
employment.
(e) The offender is responsible for the support of dependents and
the payment of the ((assessment)) intake fee constitutes an undue
hardship on the offender.
(f) Other extenuating circumstances as determined by the
department.
(2) The department of corrections shall adopt a rule prescribing
the amount of the assessment. The ((department may, if it finds it
appropriate, prescribe a schedule of assessments that shall vary in
accordance with the intensity or cost of the supervision. The
department may not prescribe any assessment that is less than ten
dollars nor more than fifty dollars)) supervision intake fee shall be
imposed after the determination of eligibility for supervision has been
completed. For offenders whose crime was committed on or after July 1,
2011, the intake fee prescribed shall be not less than four hundred
dollars or more than six hundred dollars, and shall be assessed for
each judgment and sentence imposed by the superior court in which
supervision by the department is required.
(3) For offenders whose offense date was before July 1, 2011, the
monthly rate shall be converted to a one-time fee. The amount due
shall be based upon the most recent monthly fee amount by the months of
supervision left to serve, but in no case shall exceed six hundred
dollars.
(4) Nothing in this act shall affect the amount or dates payments
are due for any prior balances owed by an offender for the cost of
supervision.
(((3))) (5) All amounts required to be paid under this section
shall be collected by the department of corrections and deposited by
the department in the dedicated fund established pursuant to RCW
72.11.040.
(((4))) (6) This section shall not apply to probation services
provided under an interstate compact pursuant to chapter 9.95 RCW or to
probation services provided for persons placed on probation prior to
June 10, 1982.
(((5))) (7) If a county clerk assumes responsibility for collection
of unpaid legal financial obligations under RCW 9.94A.760, or under any
agreement with the department under that section, whether before or
after the completion of any period of community custody, the clerk may
impose a monthly or annual assessment for the cost of collections. The
amount of the assessment shall not exceed the actual cost of
collections. The county clerk may exempt or defer payment of all or
part of the assessment based upon any of the factors listed in
subsection (1) of this section. The offender shall pay the assessment
under this subsection to the county clerk who shall apply it to the
cost of collecting legal financial obligations under RCW 9.94A.760.
Sec. 2 RCW 9.95.214 and 2005 c 400 s 3 are each amended to read
as follows:
Whenever a defendant convicted of a misdemeanor or gross
misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and
the defendant is supervised by ((the department of corrections or)) a
county probation department, the ((department or)) county probation
department may assess and collect from the defendant for the duration
of the term of supervision a monthly assessment not to exceed one
hundred dollars per month. Whenever a defendant convicted of a
misdemeanor or gross misdemeanor is placed on probation under RCW
9.92.060 or 9.95.210, and the defendant is supervised by the department
of corrections, the department may collect supervision intake fees
pursuant to RCW 9.94A.780. This assessment shall be paid to the agency
supervising the defendant and shall be applied, along with funds
appropriated by the legislature, toward the payment or part payment of
the cost of supervising the defendant. The ((department or)) county
probation department shall suspend such assessment while the defendant
is being supervised by another state pursuant to RCW 9.94A.745, the
interstate compact for adult offender supervision.
Sec. 3 RCW 72.04A.120 and 1991 c 104 s 2 are each amended to read
as follows:
(1) Any person placed on parole shall be required to pay the
((monthly assessment)) supervision intake fee, prescribed under
((subsection (2) of this section, which shall be for the duration of
the parole and which shall be considered as payment or part payment of
the cost of providing parole supervision to the parolee)) RCW
9.94A.780(3). The department may exempt a person from the payment of
all or any part of the assessment based upon any of the following
factors:
(a) The offender has diligently attempted but has been unable to
obtain employment which provides the offender sufficient income to make
such payments.
(b) The offender is a student in a school, college, university, or
a course of vocational or technical training designed to fit the
student for gainful employment.
(c) The offender has an employment handicap, as determined by an
examination acceptable to or ordered by the department.
(d) The offender's age prevents him from obtaining employment.
(e) The offender is responsible for the support of dependents and
the payment of the assessment constitutes an undue hardship on the
offender.
(f) Other extenuating circumstances as determined by the
department.
(2) The department of corrections shall adopt a rule prescribing
the amount of the assessment. ((The department may, if it finds it
appropriate, prescribe a schedule of assessments which shall vary in
accordance with the intensity or cost of the supervision. The
department may not prescribe any assessment which is less than ten
dollars nor more than fifty dollars.))
(3) Payment of the assessed amount shall constitute a condition of
parole for purposes of the application of RCW 72.04A.090.
(4) All amounts required to be paid under this section shall be
collected by the department of corrections and deposited by the
department in the dedicated fund established pursuant to RCW 72.11.040.
(((5) This section shall not apply to parole services provided
under an interstate compact pursuant to chapter 9.95 RCW or to parole
services provided for offenders paroled before June 10, 1982.))
Sec. 4 RCW 72.11.040 and 2005 c 518 s 943 are each amended to
read as follows:
The cost of supervision fund is created in the custody of the state
treasurer. All receipts from assessments made under RCW 9.94A.780,
9.94A.74504, and 72.04A.120 shall be deposited into the fund.
Expenditures from the fund may be used only to support the collection
of legal financial obligations. ((During the 2005-2007 biennium, funds
from the account may also be used for costs associated with the
department's supervision of the offenders in the community.)) Only the
secretary of the department of corrections or the secretary's designee
may authorize expenditures from the fund. The fund is subject to
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures.
Sec. 5 RCW 9.94A.74504 and 2005 c 400 s 1 are each amended to
read as follows:
(1) The department may supervise nonfelony offenders transferred to
Washington pursuant to RCW 9.94A.745, the interstate compact for adult
offender supervision, and shall supervise these offenders according to
the provisions of this chapter.
(2) The department shall process applications for interstate
transfer of felony and nonfelony offenders requesting transfer of
supervision out-of-state pursuant to RCW 9.94A.745, the interstate
compact for adult offender supervision, and may charge offenders a
reasonable fee for processing the application.
(3) The department shall adopt a rule prescribing the amount of the
interstate transfer application fee.