HOUSE BILL REPORT

ESHB 1542

As Amended by the Senate

BYHouse Committee on Health Care (originally sponsored by Representatives Braddock, Brooks, Locke, Cantwell, Day, Prentice, Morris, Sprenkle, Van Luven, Beck, Silver, Baugher, Brough, Winsley, Brekke and P. King) 

Creating a system making offenders accountable for legal financial obligations.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, Sommers, Sprenkle and Wolfe.

House Staff:Antonio Sanchez (786-7383)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Health Care as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass.  (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Brough, Dorn, Ebersole, Hine, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative May.

House Staff:      Jack Daray (786-7136)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

The Department of Corrections is responsible for the supervision of offenders' payment of monetary obligations.  Current law allows the community corrections officer only three methods for securing collection of legal financial obligation; confrontation with the offender, violation reports to bring the offender before the sentencing court, and recommendations for confinement.  These traditional approaches are ineffective and have resulted in insufficient collection of legal financial obligations.

In addition, the courts are unable to provide offender payment information in a timely manner. As a result, the community corrections officer is handicapped in his/her collections efforts.  The department would be able to secure needed payment data and an effective collections system could be developed between the Department of Corrections and the County Clerks' Association.

SUMMARY:

Collection of legal financial obligations which is ordered as a result of a felony conviction is enhanced by authorizing the Department of Corrections and victims to use civil remedies to collect funds owed.  An individual who is convicted of a felony is required "under oath" to respond to certain inquiries which will be used in setting a monthly legal financial obligation payment.  Civil penalties are established for failure to comply (garnishment, wage assignment, attachment).  The Division of Prisons is given the authority to remove funds from an inmate's account for the purpose of securing a legal financial obligation.  Both procedures give the highest priority to making restitution to the victim.  All monetary payments ordered as a result of a felony conviction must be paid 10 years after the last date of release.  The Department of Corrections and the County Clerks' Association will develop a compatible management and accounting system for legal financial obligation collections and report their findings to the Legislature.

EFFECT OF SENATE AMENDMENTS:  A new definition of collections was added that clarifies the duties of the Department of Corrections (DOC) and the court.  The court will now have many of the billing and data gathering responsibilities the original bill outlined for the Department of Corrections.  The Department of Corrections maintains responsibility for monitoring and enforcing the offenders sentence with regard to legal financial obligations.  DOC is also responsible for the receipt of payment and the delivery of that payment daily to the court.  The courts are responsible for providing individualized monthly billings for each offender and giving the prepared billing notices to the DOC.  The courts are also responsible for providing the DOC with weekly written notice of how much the offender has paid.  Costs incurred related to accepting credit cards for payment will be passed along to the offender.  Additional language was included that allows victims and others to seek collection of legal financial obligations independent of the DOC.  The DOC will be responsible for assisting the employer with instructions for wage assignment and notifying the employer if the wage assignment is modified or terminated.

Appropriation:    (Added by Appropriations) $316,000 from the general fund.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Health Care) Nancy Campbell, Department of Corrections; Mike Redman, Washington Association of Prosecuting Attorneys and Roxanne Park, Sentencing Commission.

(Appropriations) Nancy Campbell, Department of Corrections; and John King, Department of Corrections.

House Committee - Testified Against:      (Health Care) None Presented.

(Appropriations) None Presented.

House Committee - Testimony For:    (Health Care) Provides the Department of Corrections with an effective process and a defined system for collecting legal financial obligation which may be ordered as a result of a felony conviction.  It also allows for victims to be prioritized during the collection process.

(Appropriations) The Department of Corrections seeks to improve efficiency and authority involved in collection of financial obligations of offenders.

House Committee - Testimony Against:      (Health Care) None Presented.

(Appropriations) None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 98