BILL REQ. #:  H-1852.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to the cost of supervision; amending RCW 9.94A.780, 9.95.214, 72.04A.120, 72.11.040, and 9.94A.74504; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 9.94A.780 and 2008 c 231 s 37 are each amended to read as follows:
     (1) Whenever a punishment imposed under this chapter requires supervision services to be provided, the offender shall pay to the department of corrections the ((monthly assessment)) supervision intake fee, prescribed under subsection (2) of this section, ((which shall be for the duration of the terms of supervision and)) which shall be considered as payment or part payment of the cost of ((providing)) establishing supervision to the offender. The department may exempt or defer a person from the payment of all or any part of the ((assessment)) intake fee based upon any of the following factors:
     (a) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such a payment((s)).
     (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.
     (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department.
     (d) The offender's age prevents him or her from obtaining employment.
     (e) The offender is responsible for the support of dependents and the payment of the ((assessment)) intake fee constitutes an undue hardship on the offender.
     (f) Other extenuating circumstances as determined by the department.
     (2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The ((department may, if it finds it appropriate, prescribe a schedule of assessments that shall vary in accordance with the intensity or cost of the supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars)) supervision intake fee shall be imposed after the determination of eligibility for supervision has been completed. For offenders whose crime was committed on or after July 1, 2011, the intake fee prescribed shall be not less than four hundred dollars or more than six hundred dollars, and shall be assessed for each judgment and sentence imposed by the superior court in which supervision by the department is required.
     (3) For offenders whose offense date was before July 1, 2011, the monthly rate shall be converted to a one-time fee. The amount due shall be based upon the most recent monthly fee amount by the months of supervision left to serve, but in no case shall exceed six hundred dollars.
     (4) Nothing in this act shall affect the amount or dates payments are due for any prior balances owed by an offender for the cost of supervision.
     (((3))) (5) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.
     (((4))) (6) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95 RCW or to probation services provided for persons placed on probation prior to June 10, 1982.
     (((5))) (7) If a county clerk assumes responsibility for collection of unpaid legal financial obligations under RCW 9.94A.760, or under any agreement with the department under that section, whether before or after the completion of any period of community custody, the clerk may impose a monthly or annual assessment for the cost of collections. The amount of the assessment shall not exceed the actual cost of collections. The county clerk may exempt or defer payment of all or part of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall apply it to the cost of collecting legal financial obligations under RCW 9.94A.760.

Sec. 2   RCW 9.95.214 and 2005 c 400 s 3 are each amended to read as follows:
     Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by ((the department of corrections or)) a county probation department, the ((department or)) county probation department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections, the department may collect supervision intake fees pursuant to RCW 9.94A.780. This assessment shall be paid to the agency supervising the defendant and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant. The ((department or)) county probation department shall suspend such assessment while the defendant is being supervised by another state pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision.

Sec. 3   RCW 72.04A.120 and 1991 c 104 s 2 are each amended to read as follows:
     (1) Any person placed on parole shall be required to pay the ((monthly assessment)) supervision intake fee, prescribed under ((subsection (2) of this section, which shall be for the duration of the parole and which shall be considered as payment or part payment of the cost of providing parole supervision to the parolee)) RCW 9.94A.780(3). The department may exempt a person from the payment of all or any part of the assessment based upon any of the following factors:
     (a) The offender has diligently attempted but has been unable to obtain employment which provides the offender sufficient income to make such payments.
     (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.
     (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department.
     (d) The offender's age prevents him from obtaining employment.
     (e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship on the offender.
     (f) Other extenuating circumstances as determined by the department.
     (2) The department of corrections shall adopt a rule prescribing the amount of the assessment. ((The department may, if it finds it appropriate, prescribe a schedule of assessments which shall vary in accordance with the intensity or cost of the supervision. The department may not prescribe any assessment which is less than ten dollars nor more than fifty dollars.))
     (3) Payment of the assessed amount shall constitute a condition of parole for purposes of the application of RCW 72.04A.090.
     (4) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.
     (((5) This section shall not apply to parole services provided under an interstate compact pursuant to chapter 9.95 RCW or to parole services provided for offenders paroled before June 10, 1982.))

Sec. 4   RCW 72.11.040 and 2005 c 518 s 943 are each amended to read as follows:
     The cost of supervision fund is created in the custody of the state treasurer. All receipts from assessments made under RCW 9.94A.780, 9.94A.74504, and 72.04A.120 shall be deposited into the fund. Expenditures from the fund may be used only to support the collection of legal financial obligations. ((During the 2005-2007 biennium, funds from the account may also be used for costs associated with the department's supervision of the offenders in the community.)) Only the secretary of the department of corrections or the secretary's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

Sec. 5   RCW 9.94A.74504 and 2005 c 400 s 1 are each amended to read as follows:
     (1) The department may supervise nonfelony offenders transferred to Washington pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and shall supervise these offenders according to the provisions of this chapter.
     (2) The department shall process applications for interstate transfer of felony and nonfelony offenders requesting transfer of supervision out-of-state pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and may charge offenders a reasonable fee for processing the application.
     (3) The department shall adopt a rule prescribing the amount of the interstate transfer application fee.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011.