BP BHEAD INT S [atlas:bill]

AN ACT Relating to jails; amending RCW 70.48.020 and 10.01.160; reenacting and amending RCW 9.94A.145 and 9.94A.380; adding new sections to chapter 70.48 RCW; and repealing RCW 72.01.415.

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

NEW SECTION. Sec. 1. A governing unit may require that each person who is booked for confinement at a county or regional jail, and not released upon completion of the booking process, pay a fee of ten dollars to the sheriff's department of the county in which the jail is located. The fee is payable immediately from any money then possessed by the person being booked, or any money deposited with the sheriff's department on the person's behalf. If the person has no funds at the time of booking or during the period of incarceration, the sheriff shall notify the district court in the county where the charges related to the booking are pending, and shall request the assessment of the fee. Upon notification from the sheriff, the district court must order the fee paid to the sheriff's department as part of any sentence or disposition imposed. If the person is not charged, is acquitted, or if the charges are dismissed, the sheriff shall return the fee to the person at the last known address listed in the booking records.

Sec. 2. RCW 70.48.020 and 1987 c 462 s 6 are each amended to read as follows:

As used in this chapter the words and phrases in this section shall have the meanings indicated unless the context clearly requires otherwise.

(1) "Holding facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the temporary housing of such persons during or after trial and/or sentencing, but in no instance shall the housing exceed thirty days.

(2) "Detention facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal offense prior to trial or sentencing and for the housing of adult persons for purposes of punishment and correction after sentencing or persons serving terms not to exceed ninety days.

(3) "Special detention facility" means a minimum security facility operated by a governing unit primarily designed, staffed, and used for the housing of special populations of sentenced persons who do not require the level of security normally provided in detention and correctional facilities including, but not necessarily limited to, persons convicted of offenses under RCW 46.61.502 or 46.61.504.

(4) "Correctional facility" means a facility operated by a governing unit primarily designed, staffed, and used for the housing of adult persons serving terms not exceeding one year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.

(5) "Cost of incarceration" means the cost of providing a prisoner with shelter, food, clothing, transportation, supervision, health care, and other services and supplies as may be necessary for the maintenance and support of the prisoner while in custody, based on the actual cost per day per prisoner established by the governing unit.

(6) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.

((~~(6)~~)) (7) "Health care" means preventive, diagnostic, and rehabilitative services provided by licensed health care professionals and/or facilities; such care to include providing prescription drugs where indicated.

((~~(7)~~)) (8) "Governing unit" means the city and/or county or any combinations of cities and/or counties responsible for the operation, supervision, and maintenance of a jail.

((~~(8)~~)) (9) "Major urban" means a county or combination of counties which has a city having a population greater than twenty-six thousand based on the 1978 projections of the office of financial management.

((~~(9)~~)) (10) "Medium urban" means a county or combination of counties which has a city having a population equal to or greater than ten thousand but less than twenty-six thousand based on the 1978 projections of the office of financial management.

((~~(10)~~)) (11) "Prisoner" means a person who has been convicted and sentenced to a term of imprisonment in a county or city jail or detention facility for a crime punishable under the laws of this state, including a person sentenced as a condition of probation, but does not include a person who is committed to a county jail under RCW 70.48.140.

(12) "Rural" means a county or combination of counties which has a city having a population less than ten thousand based on the 1978 projections of the office of financial management.

((~~(11)~~)) (13) "Office" means the office of financial management.

NEW SECTION. Sec. 3. A governing unit may seek reimbursement from a nonindigent prisoner for cost of incarceration incurred by the county or city for the maintenance and support of the prisoner in a county or city jail or detention facility, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed.

NEW SECTION. Sec. 4. (1) Before a governing unit may request reimbursement from a prisoner, the governing unit must conduct an investigation of the financial status of the prisoner.

(2) For the purpose of determining the financial status of a prisoner, the governing unit shall require the prisoner to complete and sign a form under penalty of perjury. The form must contain provisions for determining:

(a) The age, sex, and marital status of the prisoner;

(b) The number and ages of the children or other dependents of the prisoner; and

(c) The type and value of any real estate, personal property, investments, pensions, annuities, bank accounts, cash, or other property of value owned or possessed by the prisoner.

NEW SECTION. Sec. 5. If a governing unit so requests, the sheriff of the county, or the administrator of the department of detention of a county or an incorporated city or the person appointed to administer a city jail, shall provide to the governing unit a list that contains:

(1) The name of each prisoner currently serving a term of imprisonment in the county or city jail or detention facility;

(2) The length of the term of imprisonment of each prisoner, including the number of days served during a period of pretrial detention, if any;

(3) The date of admission of each prisoner; and

(4) All available information concerning the financial status of each prisoner.

NEW SECTION. Sec. 6. (1) At any time after the conviction of a prisoner, and after the financial status of the prisoner has been determined or the prisoner has refused or failed to complete and sign the form required by section 4 of this act, the sheriff of the county, or the administrator of the department of detention or the person appointed to administer a city jail, may issue a written demand to the prisoner for reimbursement of the expenses incurred by the county or city for the prisoner's maintenance and support during his period of imprisonment.

(2) Except as otherwise provided in section 7(4) of this act, the prisoner shall pay the total amount due when the written demand is issued. The prisoner may arrange to make payments on a monthly basis. If such arrangements are made, the prisoner must be provided with a monthly billing statement that specifies the date on which the next payment is due.

(3) If the prisoner does not satisfy the written demand for reimbursement within the time set, the prosecuting attorney for a county or the city attorney for an incorporated city may file a civil action under section 7 of this act.

NEW SECTION. Sec. 7. (1) If a prisoner fails to make a payment within ten days after it is due, the county prosecutor or the city attorney for an incorporated city may file a civil action in a court of competent jurisdiction within this state seeking recovery of:

(a) The amount of reimbursement due;

(b) Costs incurred in conducting an investigation of the financial status of the prisoner; and

(2) A civil action brought under this section must:

(a) Be instituted in the name of the county or city in which the jail or detention facility is located;

(b) Indicate the date and place of sentencing, including the name of the court that imposed the sentence;

(d) Indicate the length of time served by the prisoner and, if the prisoner has been released, the date of release; and

(e) Indicate the amount of reimbursement that the prisoner owes to the county or city.

(3) The treasurer of the governing unit in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the governing unit. The treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought under this section. The statement is prima facie evidence of the amount due.

(4) A court in a civil action brought under this section may award a money judgment in favor of the governing unit in whose name the action was brought. A court may order a prisoner to perform supervised work for the benefit of the community to satisfy the written demand for reimbursement under section 6 of this act. Each hour of work performed by the prisoner reduces the amount owed by eight dollars.

(5) If necessary to prevent the disposition of the prisoner's property by the prisoner, or the prisoner's spouse or agent, a governing unit may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.

(6) The payment, under a judicial order, of existing obligations for:

(a) Child support or alimony;

(b) Restitution to victims of crimes; and

has priority over the payment of a judgment entered under this section.

(7) The governing unit may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.2001.

NEW SECTION. Sec. 8. (1) A prisoner who is or was sentenced to a term of imprisonment in a county or city jail or detention facility shall cooperate with the governing unit in satisfying the reimbursement sought by the governing unit under sections 3 through 10 of this act.

(2) A prisoner who willfully refuses to cooperate with the requirement of section 2 of this act may not receive a reduction of or a credit on his term of imprisonment under this chapter.

NEW SECTION. Sec. 9. The sheriff of the county or the administrator of the department of detention or a person chosen to administer a city jail shall provide the prosecuting attorney of the county or the city attorney of the incorporated city all information and assistance possible to enable the prosecutor or city attorney to secure reimbursement for the county or city under sections 3 through 10 of this act.

NEW SECTION. Sec. 10. Reimbursements secured or otherwise obtained by a local legislative authority under sections 3 through 10 of this act must be credited to the general fund of the county or city. If:

(1) In accordance with a contractual agreement, the county or city was paid by another governmental entity for expenses related to maintaining and supporting a prisoner; and

(2) The prisoner reimburses the county or city for those expenses under sections 3 through 10 of this act,

the county or city shall reimburse the governmental entity for its payment to the extent of the amount received from the prisoner.

NEW SECTION. Sec. 11. (1) The administrator of the county jail or authorized staff may consent as provided in this section to the provision of health and dental examinations and care, and necessary treatment for medical and dental conditions requiring prompt attention, for juveniles lawfully detained at or sentenced to a county jail. The treatment may include treatment provided at medical or dental facilities outside the county jail and treatment provided within the county jail for the period of time the youth is in the custody of the county jail. Juveniles shall not be transported for treatment outside the county jail if treatment services are available within the county jail.

(2) The examination, care, and treatment may be provided without parental consent when prompt attention is required if the administrator of the county jail or authorized staff have been unable to secure permission for treatment from the parent or parents, guardian, or other person having custody of the child after reasonable attempts to do so before the provision of the medical and dental services.

(3) Treatment shall not be authorized for juveniles whose parent or parents, guardian, or other person having custody of the child informs the administrator of the county jail of objections to the treatment before the treatment is provided except where RCW 70.96A.095 applies.

Sec. 12. RCW 10.01.160 and 1995 c 221 s 1 are each amended to read as follows:

(1) The court may require a defendant to pay costs. Costs may be imposed only upon a convicted defendant, except for costs imposed upon a defendant's entry into a deferred prosecution program or costs imposed upon a defendant for preparing and serving a warrant for failure to appear.

(2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant or in administering the deferred prosecution program under chapter 10.05 RCW. They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law. Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a defendant to pay. Costs for administering a deferred prosecution may not exceed one hundred fifty dollars. Costs for preparing and serving a warrant for failure to appear may not exceed one hundred dollars. ((~~Costs of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor may not exceed fifty dollars per day of incarceration.~~)) Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision take precedence over the payment of the cost of incarceration ordered by the court. All funds received from defendants for the cost of incarceration in the county or city jail must be remitted for criminal justice purposes to the county or city that is responsible for the defendant's jail costs. Costs imposed constitute a judgment against a defendant and survive a dismissal of the underlying action against the defendant. However, if the defendant is acquitted on the underlying action, the costs for preparing and serving a warrant for failure to appear do not survive the acquittal, and the judgment that such costs would otherwise constitute shall be vacated.

(3) The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

(4) A defendant who has been sentenced to pay costs and who is not in contumacious default in the payment thereof may at any time petition the sentencing court for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.

Sec. 13. RCW 9.94A.145 and 1997 c 121 s 5 and 1997 c 52 s 3 are each reenacted and amended to read as follows:

(1) Whenever a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount. Upon receipt of an offender's monthly payment, after restitution is satisfied, the county clerk shall distribute the payment proportionally among all other fines, costs, and assessments imposed, unless otherwise ordered by the court.

(2) ((If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration.)) Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ((~~ordered by the court~~)) pursuant to sections 3 and 7 of this act. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department of corrections.

(3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be immediately issued. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.

If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.

(4) All legal financial obligations that are ordered as a result of a conviction for a felony, may also be enforced in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. If restitution is ordered pursuant to RCW 9.94A.140(3) or 9.94A.142(3) to a victim of rape of a child and the victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.140(3) and 9.94A.142(3). All other legal financial obligations may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation.

(5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to truthfully and honestly respond to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring any and all documents as requested by the department.

(6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.

(7) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. Also, during the period of supervision, the offender may be required at the request of the department to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to truthfully and honestly respond to all questions concerning earning capabilities and the location and nature of all property or financial assets. Also, the offender is required to bring any and all documents as requested by the department in order to prepare the collection schedule.

(8) After the judgment and sentence or payment order is entered, the department shall for any period of supervision be authorized to collect the legal financial obligation from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purposes of disbursements. The department is authorized to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.

(9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.2001.

(10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties as provided in RCW 9.94A.200 for noncompliance.

(11) The county clerk shall provide the department with individualized monthly billings for each offender with an unsatisfied legal financial obligation and shall provide the department with notice of payments by such offenders no less frequently than weekly.

Sec. 14. RCW 9.94A.380 and 1988 c 157 s 4 and 1988 c 155 s 3 are each reenacted and amended to read as follows:

Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement:

(1) One day of partial confinement may be substituted for one day of total confinement;

(2) In addition, for offenders convicted of nonviolent offenses only, eight hours of community service may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community service hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department; and

(3) For offenders convicted of nonviolent and nonsex offenses, the court may authorize county jails to convert jail confinement to an available county supervised community option.

For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.

NEW SECTION. Sec. 15. RCW 72.01.415 and 1997 c 338 s 42 are each repealed.

NEW SECTION. Sec. 16. Sections 1 and 3 through 11 of this act are each added to chapter 70.48 RCW.