S-380                 _______________________________________________

                                                   SENATE BILL NO. 5537

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 1/27/89 and referred to Committee on   Health Care & Corrections.

AN ACT Relating to corrections; and adding a new chapter to Title 72 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Any person admitted to a public institution as specified in RCW 72.01.050(2) and his or her estate is liable for reimbursement to the state of Washington for the costs of his or her care and maintenance, as computed by the secretary of the department of corrections, or his or her designee.

NEW SECTION. Sec. 2.     The department of corrections is authorized to investigate the financial condition of each person liable under section 1 of this act, to make determinations of the ability of each such person to pay, to set a standard as a basis of judgment of ability to pay, which standard shall be recomputed periodically to reflect changes in the costs of living and other pertinent factors, and to make provisions for unusual and exceptional circumstances in the application of such standard.

          In accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, the department shall adopt appropriate rules necessary to administer the provisions of this chapter.

NEW SECTION. Sec. 3.     In any case where determination is made that a person, or the estate of such person, is able to pay all, or any portion of the charges for care and maintenance, a notice and finding of financial responsibility shall be served on such person or the court-appointed personal representative  of such person in the manner prescribed for the service of summons in a civil action or may be served by certified mail, return receipt requested.  The return receipt signed by addressee only is prima facie evidence of service.  The notice shall set forth the amount the department has determined that such person, or his or her estate, is able to pay.   Responsibility for payment to the department of corrections shall commence thirty days after service of such notice and finding of financial responsibility which finding shall cover the period from the date of admission of such person to a public institution and for the costs accruing throughout the period of his or her incarceration.  An appeal may be made to the secretary of corrections, or the secretary's designee within thirty days from the date of service of such notice and finding of financial responsibility, upon the giving of written notice of appeal to the secretary of corrections by registered or certified mail, or by personal service.  If no appeal is taken, the notice and finding of financial responsibility shall become final.  If an appeal is taken, the execution of notice and finding of financial responsibility shall be stayed pending the decision of such appeal.  Appeals may be heard in any county seat most convenient to the appellant.  The hearing of appeal may be presided over by an administrative law judge appointed under chapter 34.12 RCW, and the proceedings shall be recorded either manually or by a mechanical device.  At the conclusion of such hearing, the administrative law judge shall make findings of fact and conclusions and recommended determination of financial responsibility.  Thereafter, the secretary, or the secretary's designee, may either affirm, reject, or modify the findings, conclusions, and determination of financial responsibility made by the administrative law judge.  Judicial review of the secretary's determination of financial responsibility may be taken in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

NEW SECTION. Sec. 4.     Whenever any notice and finding of financial responsibility, or appeal therefrom, shall become final, the superior court shall, upon application of the secretary of corrections, enter a  judgment in the amount of the accrued monthly charges for the costs of care and maintenance, and such judgment shall have the same effect as if entered pursuant to a civil action instituted in said court.

NEW SECTION. Sec. 5.     The secretary, or his or her designee, upon application of the person responsible for payment of reimbursement to the state of the costs of care and maintenance, or the legal representative of such person, or after investigation, the secretary, or his or her designee, if satisfied of the financial ability or inability of such person to reimburse the state in accordance with the original finding of financial responsibility, may, modify or vacate such original finding of financial responsibility and enter a new finding of financial responsibility.  The determination to modify or vacate findings of financial responsibility shall be served and be appealable in the same manner and in accordance with the same procedures for appeals of original findings of financial responsibility.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 72 RCW.