State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 02/12/03.
AN ACT Relating to costs of incarceration; and amending RCW 9.94A.760 and 10.01.160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.760 and 2003 c 379 s 14 are each 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, restitution shall be paid
prior to any payments of other monetary obligations. 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, if incarcerated in a
prison, or the court may require the offender to pay the actual cost of
incarceration per day of incarceration, if incarcerated in a county
jail. In no case may the court require the offender to pay more than
one hundred dollars per day for the cost 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.
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.
(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
issued immediately. 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 or the county
clerk 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) Independent of the department or the county clerk, the party or
entity to whom the legal financial obligation is owed shall have the
authority to use any other remedies available to the party or entity to
collect the legal financial obligation. These remedies include
enforcement 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.750(6) or
9.94A.753(6) to a victim of rape of a child or a 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.750(6) and 9.94A.753(6).
All other legal financial obligations for an offense committed prior to
July 1, 2000, 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 ends
later. 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. All other legal financial obligations for an offense
committed on or after July 1, 2000, may be enforced at any time the
offender remains under the court's jurisdiction. For an offense
committed on or after July 1, 2000, the court shall retain jurisdiction
over the offender, for purposes of the offender's compliance with
payment of the legal financial obligations, until the obligation is
completely satisfied, regardless of the statutory maximum for the
crime. The department may only supervise the offender's compliance
with payment of the legal financial obligations during any period in
which the department is authorized to supervise the offender in the
community under RCW 9.94A.728, 9.94A.501, or in which the offender is
confined in a state correctional institution or a correctional facility
pursuant to a transfer agreement with the department, and the
department shall supervise the offender's compliance during any such
period. The department is not responsible for supervision of the
offender during any subsequent period of time the offender remains
under the court's jurisdiction. The county clerk is authorized to
collect unpaid legal financial obligations at any time the offender
remains under the jurisdiction of the court for purposes of his or her
legal financial obligations.
(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 respond truthfully and honestly 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 all documents 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)(a) 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. During the period of supervision, the
department may require the offender 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 respond truthfully and honestly to
all questions concerning earning capabilities and the location and
nature of all property or financial assets. The offender shall bring
all documents requested by the department in order to prepare the
collection schedule.
(b) Subsequent to any period of supervision, or if the department
is not authorized to supervise the offender in the community, the
county clerk 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 county clerk sets the monthly payment
amount, the clerk may modify the monthly payment amount without the
matter being returned to the court. During the period of repayment,
the county clerk may require the offender to report to the clerk for
the purpose of reviewing the appropriateness of the collection schedule
for the legal financial obligation. During this reporting, the
offender is required under oath to respond truthfully and honestly to
all questions concerning earning capabilities and the location and
nature of all property or financial assets. The offender shall bring
all documents requested by the county clerk in order to prepare the
collection schedule.
(8) After the judgment and sentence or payment order is entered,
the department is authorized, for any period of supervision, to collect
the legal financial obligation from the offender. Subsequent to any
period of supervision or, if the department is not authorized to
supervise the offender in the community, the county clerk is authorized
to collect unpaid legal financial obligations from the offender. Any
amount collected by the department shall be remitted daily to the
county clerk for the purpose of disbursements. The department and the
county clerks are authorized, but not required, 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.7701. Any party obtaining a wage assignment shall notify the
county clerk. The county clerks shall notify the department, or the
administrative office of the courts, whichever is providing the monthly
billing for the offender.
(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 for noncompliance
as provided in RCW 9.94A.634, 9.94A.737, or 9.94A.740.
(11)(a) Until January 1, 2004, the department shall mail
individualized monthly billings to the address known by the department
for each offender with an unsatisfied legal financial obligation.
(b) Beginning January 1, 2004, the administrative office of the
courts shall mail individualized monthly billings to the address known
by the office for each offender with an unsatisfied legal financial
obligation.
(c) The billing shall direct payments, other than outstanding cost
of supervision assessments under RCW 9.94A.780, parole assessments
under RCW 72.04A.120, and cost of probation assessments under RCW
9.95.214, to the county clerk, and cost of supervision, parole, or
probation assessments to the department.
(d) The county clerk shall provide the administrative office of the
courts with notice of payments by such offenders no less frequently
than weekly.
(e) The county clerks, the administrative office of the courts, and
the department shall maintain agreements to implement this subsection.
(12) The department shall arrange for the collection of unpaid
legal financial obligations during any period of supervision in the
community through the county clerk. The department shall either
collect unpaid legal financial obligations or arrange for collections
through another entity if the clerk does not assume responsibility for
collection pursuant to subsection (4) of this section. The costs for
collection services shall be paid by the offender.
(13) Nothing in this chapter makes the department, the state, the
counties, or any state or county employees, agents, or other persons
acting on their behalf liable under any circumstances for the payment
of these legal financial obligations or for the acts of any offender
who is no longer, or was not, subject to supervision by the department
for a term of community custody, community placement, or community
supervision, and who remains under the jurisdiction of the court for
payment of legal financial obligations.
Sec. 2 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)) the actual cost of
incarceration. In no case may the court require the offender to pay
more than one hundred dollars per day for the cost 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.