HOUSE BILL REPORT

SSB 5547

BYSenate Committee on Health Care & Corrections (originally sponsored by Senators Smith and West)

Regarding payment of jail processing costs by criminal defendants.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (15)

      Signed by Representatives Appelwick, Chair; Padden, Ranking Republican Member; Brough, Dellwo, Forner, Hargrove, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Inslee.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

Under current law, certain costs of prosecution may, at the discretion of the court, be collected from a criminal defendant who is convicted.  Other specified costs are imposed by statute.

One statute allows the court to require the defendant to pay costs "specially incurred" by the state in prosecuting the defendant.  These costs may not include the costs of providing constitutionally guaranteed rights such as a jury trial, or costs of the general maintenance and operation of government agencies.  The court may not impose these specially incurred costs unless the defendant is able to pay them.

Another statute requires that every defendant who is convicted of a crime is liable for "all the costs of the proceedings against him."  A statutorily set criminal trial jury fee of $25 is the only specifically enumerated cost that is to be collected under this statute.

Except for certain specified costs, all fines, fees, penalties, forfeitures and costs collected as the result of criminal convictions are subject to a percentage split between local jurisdictions and the state.  Sixty-eight percent of the money goes to the state, and 32 percent goes to the local jurisdiction.

If a convicted defendant does not pay costs or monetary penalties imposed, he or she may be jailed for that failure to pay.  State law authorizes local jurisdictions to use jail inmates as workers on public projects such as street or building maintenance.  Inmates who work are given credit against outstanding costs and fines at the rate of $35 per day.  The credit for inmates who do not work is $25 per day.

SUMMARY:

BILL AS AMENDED:  Courts are required to impose on a convicted defendant the "specially incurred" costs of a successful prosecution whenever the defendant is able to pay.

The costs incurred by a city or county in processing the defendant into and out of jail are included in the "specially incurred" costs and the "costs of the proceedings" that are to be imposed on a convicted person.

Jail processing costs are retained by the local jurisdiction that incurred them and are not subject to the requirement that 68 percent of collected costs must be sent to the state.

Increases are made in the per day credits that inmates can earn to pay off outstanding fines and costs.  The rate for inmates who work is increased to $60 per day, and for inmates who do not work it is raised to $50 per day.

AMENDED BILL COMPARED TO SUBSTITUTE:  The amendment adds the provision relating to credits for days served or works done by inmates.

Fiscal Note:      Available.

House Committee ‑ Testified For:    No one.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    None.

House Committee - Testimony Against:      None.