SENATE BILL REPORT

SB 5537

BYSenators Saling, Stratton, Newhouse, Rasmussen, Nelson, Owen, Johnson, Smitherman, Amondson, Thorsness, Lee, von Reichbauer and Sutherland

Authorizing the state to collect from prisoners the cost of their care and maintenance.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 24, 1990

Senate Staff:Ben Barnes (786-7465)

AS OF JANUARY 22, 1990

BACKGROUND:

A person admitted to a Washington State correctional institution is not liable for reimbursement of the costs of his or her care and maintenance while incarcerated.  The costs range from $38.21 to $108.56 a day with an average daily cost of $58.91 for the Department of Corrections to maintain a person in custody.

Some inmates are financially capable of reimbursing the state for the costs of their incarceration.  Persons employed in work release programs and in certain institutional industries programs are already required to pay room and board costs.

SUMMARY:

Any person admitted to a Washington State correctional facility is liable to the state for the costs of his or her care and maintenance.

The Department of Corrections (DOC) may investigate the financial status of inmates to determine their ability to pay.  The department shall set standards and make provisions for exceptions in unusual cases.

When a person or that person's estate is determined able to pay all or some of the costs, the department shall serve a finding of financial responsibility to that person or his or her court appointed personal representative.

Payment must begin 30 days after notice unless the person appeals to the department.  An administrative law judge may preside over the proceedings, which must be recorded.  The secretary of the department may affirm, reject, or modify the judge's findings and conclusions, but this determination is subject to judicial review.

After a finding of financial responsibility is final, the secretary may apply to superior court for a judgment including all the costs.  This judgment has the same effect as if entered pursuant to a civil action instituted in superior court.

If the person responsible for the costs requests review of judgment, the secretary or his or her designee may modify or vacate the original finding of financial responsibility and enter a new one.  This new finding is subject to the same procedures for appeals as the original findings.

EFFECT OF PROPOSED SUBSTITUTE:

The substitute bill contains provision sunsetting DOC's authority to collect costs on June 30, 1991, unless extended by law.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 22, 1990