HOUSE BILL REPORT

HB 1542

BYRepresentatives Braddock, Brooks, Locke, Cantwell, Day, Prentice, Morris, Sprenkle, Van Luven, Beck, Silver, Baugher, Brough, Winsley, Brekke and P. King 

Creating a system making offenders accountable for legal financial obligations.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, D. Sommers, Sprenkle and Wolfe.

House Staff:Antonio Sanchez (786-7383)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Health Care as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass.  (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Brough, Dorn, Ebersole, Hine, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative May.

House Staff:      Jack Daray (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS MARCH 4, 1989

BACKGROUND:

The Department of Corrections is responsible for the supervision of offenders' payment of monetary obligations.  Current law allows the community corrections officer only three methods for securing collection of legal financial obligation; confrontation with the offender, violation reports to bring the offender before the sentencing court, and recommendations for confinement.  These traditional approaches have resorted in insufficient collection of legal financial obligations.

In addition, the courts are unable to provide offender payment information in a timely manner. As a result, the community corrections officer is handicapped in his/her collections efforts.  The department would be able to secure needed payment data if the funds would be remitted initially to them prior to disbursing them to the courts.

SUMMARY:

SUBSTITUTE BILL:  Collection of legal financial obligations which is ordered as a result of a felony conviction is enhanced by authorizing the Department of Corrections and victims to use civil remedies to collect funds owed.  An individual who is convicted of a felony is required "under oath" to respond to certain inquiries which will be used in setting a monthly legal financial obligation payment.  Civil penalties are established for failure to comply (garnishment, wage assignment, attachment).  The Division of Prisons is given the authority to remove funds from an inmate's account for the purpose of securing a legal financial obligation.  Both procedures give the highest priority to making restitution to the victim.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Clarifying changes are made to eliminate the prioritization of payment by the clerks and establish that 50 percent of each payment go to restitution for the victim.  All monetary payments ordered as a result of a felony conviction must be paid five years after the last date of release from confinement.  Language was adjusted to maintain compliance with federal law, regarding delinquency of legal financial obligation.  A legal financial obligation is rendered delinquent 30 days after its due date.  The balance of the changes enable the Division of Prisons of the Department of Corrections to remove funds from an inmate's account for those convictions that pre-dated the effective date of the bill, while other provisions are given a prospective effective date.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  The bill is amended to extend the period of department authority to collect financial obligations to 10 years, substitute proposed five years; technical corrections from code reviser were added; appropriation was added for $316,000 from the state general fund.

Appropriation:    (Added by Appropriations) $316,000 from the general fund.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Health Care) Nancy Campbell, Department of Corrections; Mike Redman, Washington Association of Prosecuting Attorneys and Roxanne Park, Sentencing Commission.

(Appropriations) Nancy Campbell, Department of Corrections; and John King, Department of Corrections.

House Committee - Testified Against:      (Health Care) None Presented.

(Appropriations) None Presented.

House Committee - Testimony For:    (Health Care) Provides the Department of Corrections with an effective process and a defined system for collecting legal financial obligation which may be ordered as a result of a felony conviction.  It also allows for victims to be prioritized during the collection process.

(Appropriations) The Department of Corrections seeks to improve efficiency and authority involved in collection of financial obligations of offenders.

House Committee - Testimony Against:      (Health Care) None Presented.

(Appropriations) None Presented.