FINAL BILL REPORT

HB 1058

C 123 L 18

Synopsis as Enacted

Brief Description: Changing provisions relating to court-ordered restitution in certain criminal cases.

Sponsors: Representative MacEwen.

House Committee on Public Safety

Senate Committee on Law & Justice

Background:

Restitution.

When a defendant is convicted of a crime, the court may impose various legal financial obligations as part of the judgment and sentence. Restitution is a sum ordered by the sentencing court to be paid by the offender over a specified period of time as payment of a victim's damages. A restitution order must be based on easily ascertainable damages for injury to property, expenses incurred for treatment of personal injuries, lost wages, and counseling that is reasonably related to the offense. An offender's payments towards a legal financial obligation are applied first to restitution, and then proportionally to other monetary obligations after restitution has been satisfied.

A sentencing court must order the payment of restitution whenever a victim of the crime is entitled to crime victims compensation benefits. In addition, a court must order restitution when the offender is convicted of an offense that results in personal injury or property damage, unless extraordinary circumstances exist that make restitution inappropriate. In ordering restitution, the court is instructed to consider the total amount of restitution owed, the offender's present, past, and future ability to pay, and any assets the offender may have. The court may modify the terms of the restitution order, but cannot reduce the total amount of restitution ordered.

The requirement that an offender pay a monthly sum toward a legal financial obligation is a condition of the sentence, and an offender is subject to penalties for noncompliance. Sanctions for a willful failure to pay can include incarceration or other penalties such as work crew or community restitution.

Correctional Industries.

The Department of Corrections (DOC) provides inmate work programs through its Correctional Industries Division. There are five classes of correctional industry work programs. All inmates working in Class I–IV employment receive financial compensation for their work. Class V jobs are court ordered community work that is performed for the benefit of the community without financial compensation.

Class I ("free venture") industries allow private sector companies to operate within state correctional facilities to produce goods or services for sale to the public or private sector. Class II ("tax reduction") industries are state-owned and operated industries designed to reduce the costs for goods and services for public agencies and nonprofit organizations.

The DOC deducts taxes and legal financial obligations from the wages inmates earn while working in Correctional Industries employment.

Summary:

When a court has ordered an offender to pay restitution as part of the judgment and sentence, the court may not postpone the commencement of restitution payments until after the offender is released from total confinement.

An offender's inability to make restitution payments while in total confinement may not be considered a violation of the sentence unless the offender's inability to make payments results from a refusal to accept Correctional Industries Class I or Class II employment, or from termination for cause from such employment.

Votes on Final Passage: