SENATE BILL REPORT

SB 6468

As Reported By Senate Committee On:

Judiciary, February 6, 2002

Title:  An act relating to satisfaction of judgments filed by the department of corrections.

Brief Description:  Removing requirement for department of corrections to file satisfaction of judgments.

Sponsors:  Senators Costa, Long and Hargrove; by request of Department of Corrections.

Brief History:

Committee Activity:  Judiciary:  1/29/02, 2/6/02 [DPS].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 6468 be substituted therefor, and the substitute bill do pass.

Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, Long, McCaslin, Poulsen, Roach, Thibaudeau and Zarelli.

Staff:  Lisa Ellis (786-7421)

Background:  During criminal sentencing proceedings, judgments can be placed on offenders until the offender pays the full judgment amount.  Since 1997, the Department of Corrections (DOC) has been required to file a satisfaction of judgment if a person does not pay money through the clerk's office. 

DOC reports that it is inefficient for their agency to file satisfaction of judgments since collection agencies rather than the county clerks have routinely received judgment payments from offenders.  DOC recommends relieving their agency from filing satisfactions of judgments because, under current collection practices, DOC does not usually receive judgment payment information.

Summary of Substitute Bill:  The requirement that DOC file a satisfaction of judgment if a person does not pay money through the clerk's office is removed for sentences and offenders on community custody, community placement, community service, community supervision, legal financial obligations or probation.

Substitute Bill Compared to Original Bill:  The removal of the requirement for DOC to file satisfaction of judgments applies retroactively.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  Responsibility for legal monetary debts should be taken away from the DOC because the agency does not physically handle judgment payments.  In most cases, offenders make payment through collection agencies or to the county clerk's office.  It is inefficient for DOC to verify with the county clerk's office that the offender has paid in order to file satisfaction of judgments. 

Testimony Against:  None.

Testified:  PRO:  Melanie Smith, Department of Corrections.