SENATE BILL REPORT

ESHB 1542

BYHouse Committee on Health Care (originally sponsored by Representatives 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

Rereferred House Committee on Appropriations

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):March 28, 1989; March 30, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Johnson, Kreidler, Niemi.

Senate Staff:Kris Zabriskie (786-7439)

                  March 31, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 31, 1989; April 3, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Hayner, Johnson, Lee, Moore, Newhouse, Niemi, Saling, Smith, Talmadge, Williams, Wojahn.

Senate Staff:Randy Hodgins (786-7715)

                  April 4, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 3, 1989

BACKGROUND:

Courts may order criminal offenders to pay fines, court costs, and/or restitution.  The Department of Corrections is responsible for supervising collection of these monetary obligations from felony offenders; however, they may not collect the money from the offender directly.  All money must be paid to the clerk of the court. 

The courts are often unable to provide offender payment information to the department in a timely manner.  As a result, the community corrections officer is handicapped in his or her collections efforts.

Community corrections officers have 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 approaches have proven to be largely insufficient.  The collection rate averages only 25 percent.

SUMMARY:

A convicted felon must report, under oath, his or her present, past and future earning capabilities to the Department of Corrections.  This report must be remitted to the court for sentencing purposes.

"Legal financial obligations" are defined and include court ordered fines, restitution and/or costs.  If the court orders the offender to pay, it must set a minimum monthly payment schedule.

All court ordered legal financial obligations imposed on convicted felons constitute a civil judgment.  As a result, the department or crime victim may seek civil remedies such as wage assignments and attachment of property.

The department may remove funds from an inmate's account in order to secure payment on these obligations.

Restitution to crime victims is given the highest priority for distribution of the offender's monies.  All monetary payments will be supervised by the department for a period of ten years after the date of release from confinement or the date the sentence was entered.

The Department of Corrections and the County Clerks' Association must develop a compatible management and accounting system for legal financial obligation collections.  They must report their findings to both the House Health Care Committee and the Senate Health Care and Corrections Committee by December 1, 1989.  Unless determined otherwise, the Department of Corrections will be authorized to collect the obligations as of July 1, 1990.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE HEALTH CARE & CORRECTIONS AMENDMENTS:

The striking amendment clarifies the language defining how an employer is to deliver an offender's earnings which were ordered to be withheld by the court.

A technical amendment to correct a reference to a statutory provision is included.

SUMMARY OF PROPOSED SENATE WAYS & MEANS AMENDMENTS:

The striking amendment increases the crime victims' penalty assessment from $70 to $100 per felony or gross misdemeanor, and from $45 to $75 per misdemeanor.

It also makes the provision which prescribes that court-ordered legal financial obligations constitute a civil judgment consistent with the court's decision in State vs. Nelson.

Senate Committee - Testified: HEALTH CARE & CORRECTIONS:  Nancy Campbell, Department of Corrections (pro); Mike Redman, Washington Association of Prosecuting Attorneys (con); James Goche', WACO; Ted Rutt

Senate Committee - Testified: WAYS & MEANS:  FOR:  Nancy Campbell, Department of Corrections; John King, Department of Corrections