HOUSE BILL ANALYSIS

HB 1518

Title:An act relating to imposing a fine on parents for the support, treatment, and confinement of their children.

Brief Description:Imposing a fine on parents for the support, treatment, and confinement of their children.

Sponsors: Representatives DeBolt and Sheahan.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff:Pat Shelledy (786-7149)

Background:  When a juvenile offender is adjudicated of an offense, and is in the custody of someone other than the parent or the department of social and health services, the court may order the parent to pay a reasonable sum to offset the costs of support, treatment, and confinement of the juvenile.  If the parent willfully fails to pay the amount, the court may hold the parent in contempt of court.  When a juvenile offender is committed to the department, the parent is liable for the costs of support, treatment, and confinement of the child, according to the department=s cost schedule that is based on the parent=s ability to pay.  The department must exempt parents from the payment requirement when the parent, or the parent=s spouse or child, or the spouses= child is the victim of the offense.  The department may enforce payment through administrative proceedings.  Juvenile offenders or parents of juvenile offenders may also be required to pay a reasonable sum toward the cost of publicly funded counsel based on the juvenile=s or the parent=s ability to pay.  Juveniles may also have to pay restitution to the victim.

The crime victims compensation fund provides money to innocent victims of crime.  When a juvenile is adjudicated of an offense, a penalty assessment must be imposed of $100 for each adjudication with a felony or gross misdemeanor adjudication and $75 for each adjudication for a misdemeanor offense.  Some of that money is deposited into the crime victims compensation fund.

Summary:  When a juvenile offender is adjudicated of an offense, the court may order the parent to pay $1 for each day the child is in confinement.  Funds collected must be disbursed to the public safety and education account to fund the crime victims= compensation fund.  The court may not order the parent to pay the money if the parent, the parent=s child, the parent=s spouse, or the spouse=s child is the victim of the offense. 

Require the Exercise of Rule- Making Powers:  No

Fiscal Note:  Requested on February 11, 1997.

Effective Date:  Ninety days after adjournment of session in which bill is passed.