Legal financial obligations

AN ACT Relating to legal financial obligations; amending RCW 1
3.50.100, 3.62.020, 3.62.040, 3.66.120, 6.17.020, 9.92.060, 2
9.94A.725, 9.94A.750, 9.94A.753, 9.94A.760, 9.95.210, 10.01.160, 3
10.01.170, 10.01.185, 10.05.140, 10.05.170, 10.64.015, 10.64.120, 4
10.82.070, 10.101.020, 35.20.220, 36.18.016, 36.18.020, 4.56.110, 5
7.68.035, 9.92.070, 9.94A.6333, 9.94B.040, 10.01.090, 10.01.180, and 6
43.79.505; adding new sections to chapter 10.01 RCW; and repealing 7
RCW 3.62.085, 10.46.190, 10.73.160, 10.82.090, and 70.48.390.8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. A new section is added to chapter 10.01 10
RCW to read as follows: 11
(1) A previously imposed judgment against an offender for any 12
costs, fees, and interest on restitution or other legal financial 13
obligations eliminated or repealed by this act is not enforceable 14
after the effective date of this section. The court shall not accept 15
payments for such costs and fees or for any accrued interest on 16
restitution or nonrestitution legal financial obligations after the 17
effective date of this section. Any such debts shall be considered 18
null and void and satisfied and paid in full. Nothing in this section 19
shall require a clerk to take any action or alter any record except 20
by the lawful order of a judge. 21
H-2487.1
HOUSE BILL 2102
State of Washington 69th Legislature 2026 Regular Session
By Representatives Reed, Berry, Mena, Cortes, Street, Scott, Ormsby,
Farivar, Macri, Fosse, Hill, and Pollet
Prefiled 12/05/25. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2102
(2) Nothing in this section shall prevent a court from granting 1
individual relief at any time in response to a motion. On motion of 2
an offender, the court shall waive all uncollectible portions of the 3
offender's legal financial obligations, including accrued interest on 4
restitution and nonrestitution legal financial obligations. The 5
presiding judge of a superior court or court of limited jurisdiction 6
may authorize an administrative process to waive outstanding debt for 7
any uncollectible legal financial obligation, other than restitution, 8
including accrued interest on restitution and nonrestitution legal 9
financial obligations, imposed against an adult. 10
(3) For the purposes of this section, the clerk of the superior 11
court or court administrator of a court of limited jurisdiction may 12
seek a judicial order to waive outstanding debt for costs and fees, 13
other than restitution, and for accrued interest on restitution and 14
nonrestitution legal financial obligations, in the same manner as the 15
clerk is authorized to seek an extension of jurisdiction under RCW 16
6.17.020 for purposes of collection as allowed under RCW 36.18.190. 17
Any motion filed by a clerk or court administrator under this section 18
does not constitute the practice of law. 19
Sec. 2. RCW 3.50.100 and 2018 c 269 s 2 are each amended to read 20
as follows: 21
(1) Costs in civil and criminal actions may be imposed as 22
provided in district court. All fees, costs, fines, forfeitures and 23
other money imposed by any municipal court for the violation of any 24
municipal or town ordinances shall be collected by the court clerk 25
and, together with any other noninterest revenues received by the 26
clerk, shall be deposited with the city or town treasurer as a part 27
of the general fund of the city or town, or deposited in such other 28
fund of the city or town, or deposited in such other funds as may be 29
designated by the laws of the state of Washington.30
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city 31
treasurer shall remit monthly ((thirty-two)) 32 percent of the 32
noninterest money received under this section, other than for parking 33
infractions, and certain costs to the state treasurer. "Certain 34
costs" as used in this subsection, means those costs awarded to 35
prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, 36
or those costs awarded against convicted defendants in criminal 37
actions ((under RCW 10.01.160, 10.46.190, or 36.18.040, or other 38
similar statutes )) as specifically authorized by statute if such 39
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costs are specifically designated as costs by the court ((and are 1
awarded for the specific reimbursement of costs incurred by the 2
state, county, city, or town in the prosecution of the case, 3
including the fees of defense counsel )). Money remitted under this 4
subsection to the state treasurer shall be deposited in the state 5
general fund. 6
(3) The balance of the noninterest money received under this 7
section shall be retained by the city and deposited as provided by 8
law. 9
(4)(a) Except as provided in (b) of this subsection, penalties, 10
fines, fees, and costs may accrue interest at the rate of ((twelve)) 11
12 percent per annum, upon assignment to a collection agency. 12
Interest may accrue only while the case is in collection status.13
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 14
and costs imposed against a defendant in a criminal proceeding shall 15
not accrue interest. 16
(5) Interest retained by the court on penalties, fines, ((bail 17
forfeitures,)) fees, and costs imposed in civil proceedings shall be 18
split ((twenty-five)) 25 percent to the state treasurer for deposit 19
in the state general fund, ((twenty-five)) 25 percent to the state 20
treasurer for deposit in the judicial information system account as 21
provided in RCW 2.68.020, ((twenty-five)) 25 percent to the city 22
general fund, and ((twenty-five)) 25 percent to the city general fund 23
to fund local courts. 24
Sec. 3. RCW 3.62.020 and 2018 c 269 s 3 are each amended to read 25
as follows: 26
(1) Except as provided in subsection (4) of this section, all 27
costs, fees, fines, forfeitures and penalties assessed and collected 28
in whole or in part by district courts, except costs, fines, 29
forfeitures and penalties assessed and collected, in whole or in 30
part, because of the violation of city ordinances, shall be remitted 31
by the clerk of the district court to the county treasurer at least 32
monthly, together with a financial statement as required by the state 33
auditor, noting the information necessary for crediting of such funds 34
as required by law. 35
(2) Except as provided in RCW 9A.88.120, 10.99.080, 36
7.84.100(((4))) (5), and this section, the county treasurer shall 37
remit ((thirty-two)) 32 percent of the noninterest money received 38
under subsection (1) of this section except certain costs to the 39
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state treasurer. "Certain costs" as used in this subsection, means 1
those costs awarded to prevailing parties in civil actions under RCW 2
4.84.010 or 36.18.040, or those costs awarded against convicted 3
defendants in criminal actions ((under RCW 10.01.160, 10.46.190, or 4
36.18.040, or other similar statutes )) as specifically authorized by 5
statute if such costs are specifically designated as costs by the 6
court ((and are awarded for the specific reimbursement of costs 7
incurred by the state or county in the prosecution of the case, 8
including the fees of defense counsel )). With the exception of funds 9
to be transferred to the judicial stabilization trust account under 10
RCW 3.62.060(2), money remitted under this subsection to the state 11
treasurer shall be deposited in the state general fund.12
(3) The balance of the noninterest money received by the county 13
treasurer under subsection (1) of this section shall be deposited in 14
the county current expense fund. Funds deposited under this 15
subsection that are attributable to the county's portion of a 16
surcharge imposed under RCW 3.62.060(2) must be used to support local 17
trial court and court-related functions. 18
(4) Except as provided in RCW 7.84.100(((4))) (5), all money 19
collected for county parking infractions shall be remitted by the 20
clerk of the district court at least monthly, with the information 21
required under subsection (1) of this section, to the county 22
treasurer for deposit in the county current expense fund.23
(5)(a) Except as provided in (b) of this subsection, penalties, 24
fines, fees, and costs may accrue interest at the rate of twelve 25
percent per annum, upon assignment to a collection agency. Interest 26
may accrue only while the case is in collection status.27
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 28
and costs imposed against a defendant in a criminal proceeding shall 29
not accrue interest. 30
(6) Interest retained by the court on penalties, fines, ((bail 31
forfeitures,)) fees, and costs imposed in civil proceedings shall be 32
split ((twenty-five)) 25 percent to the state treasurer for deposit 33
in the state general fund, ((twenty-five)) 25 percent to the state 34
treasurer for deposit in the judicial information system account as 35
provided in RCW 2.68.020, ((twenty-five)) 25 percent to the county 36
current expense fund, and ((twenty-five)) 25 percent to the county 37
current expense fund to fund local courts. 38
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Sec. 4. RCW 3.62.040 and 2018 c 269 s 4 are each amended to read 1
as follows: 2
(1) Except as provided in subsection (4) of this section, all 3
costs, fines, forfeitures and penalties assessed and collected, in 4
whole or in part, by district courts because of violations of city 5
ordinances shall be remitted by the clerk of the district court at 6
least monthly directly to the treasurer of the city wherein the 7
violation occurred. 8
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city 9
treasurer shall remit monthly ((thirty-two)) 32 percent of the 10
noninterest money received under this section, other than for parking 11
infractions and certain costs, to the state treasurer. "Certain 12
costs" as used in this subsection, means those costs awarded to 13
prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, 14
or those costs awarded against convicted defendants in criminal 15
actions ((under RCW 10.01.160, 10.46.190, or 36.18.040, or other 16
similar statutes )) as specifically authorized by statute if such 17
costs are specifically designated as costs by the court ((and are 18
awarded for the specific reimbursement of costs incurred by the 19
state, county, city, or town in the prosecution of the case, 20
including the fees of defense counsel )). Money remitted under this 21
subsection to the state treasurer shall be deposited in the state 22
general fund. 23
(3) The balance of the noninterest money received under this 24
section shall be retained by the city and deposited as provided by 25
law. 26
(4) All money collected for city parking infractions shall be 27
remitted by the clerk of the district court at least monthly to the 28
city treasurer for deposit in the city's general fund.29
(5)(a) Except as provided in (b) of this subsection, penalties, 30
fines, fees, and costs may accrue interest at the rate of ((twelve)) 31
12 percent per annum, upon assignment to a collection agency. 32
Interest may accrue only while the case is in collection status.33
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 34
and costs imposed against a defendant in a criminal proceeding shall 35
not accrue interest. 36
(6) Interest retained by the court on penalties, fines, ((bail 37
forfeitures,)) fees, and costs imposed in civil proceedings shall be 38
split ((twenty-five)) 25 percent to the state treasurer for deposit 39
in the state general fund, ((twenty-five)) 25 percent to the state 40
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treasurer for deposit in the judicial information system account as 1
provided in RCW 2.68.020, ((twenty-five)) 25 percent to the city 2
general fund, and ((twenty-five)) 25 percent to the city general fund 3
to fund local courts. 4
Sec. 5. RCW 3.66.120 and 2022 c 260 s 1 are each amended to read 5
as follows: 6
(1) All court-ordered restitution obligations that are ordered as 7
a result of a conviction for a criminal offense in a court of limited 8
jurisdiction may be enforced in the same manner as a judgment in a 9
civil action by the party or entity to whom the legal financial 10
obligation is owed. The judgment and sentence must identify the party 11
or entity to whom restitution is owed so that the state, party, or 12
entity may enforce the judgment. 13
(2) At any time, including at sentencing, the court ((may)) shall 14
determine that the offender is not required to pay, or ((may)) shall 15
relieve the offender of the requirement to pay, full or partial 16
restitution ((and accrued interest on restitution )) where the entity 17
to whom restitution is owed is an insurer or state agency, except for 18
restitution owed to the department of labor and industries under 19
chapter 7.68 RCW, if the court finds that the offender does not have 20
the current ((or likely future )) ability to pay. A person does not 21
have the current ability to pay if the person is indigent as defined 22
in ((RCW 10.01.160(3))) section 14 of this act . For the purposes of 23
this subsection, the terms "insurer" and "state agency" have the same 24
meanings as provided in RCW 9.94A.750(3). 25
(3) All court-ordered restitution obligations may be enforced at 26
any time during the 10-year period following the offender's release 27
from total confinement or within 10 years of entry of the judgment 28
and sentence, whichever period is longer. Prior to the expiration of 29
the initial 10-year period, the court may extend the criminal 30
judgment an additional 10 years for payment of court-ordered 31
restitution only if the court finds that the offender has not made a 32
good faith attempt to pay. 33
(4) The party or entity to whom the court-ordered restitution 34
obligation is owed may utilize any other remedies available to the 35
party or entity to collect the court-ordered financial obligation.36
(5) Nothing in this section may be construed to deprive the court 37
of the authority to determine whether the offender's failure to pay 38
the legal financial obligation constitutes a violation of a condition 39
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of probation or to impose a sanction upon the offender if such a 1
violation is found. 2
Sec. 6. RCW 6.17.020 and 2022 c 260 s 5 are each amended to read 3
as follows: 4
(1) Except as provided in subsections (2), (3), and (4) of this 5
section, the party in whose favor a judgment of a court has been or 6
may be filed or rendered, or the assignee or the current holder 7
thereof, may have an execution, garnishment, or other legal process 8
issued for the collection or enforcement of the judgment at any time 9
within 10 years from entry of the judgment or the filing of the 10
judgment in this state. 11
(2) After July 23, 1989, a party who obtains a judgment or order 12
of a court or an administrative order entered as defined in RCW 13
74.20A.020(6) for accrued child support, or the assignee or the 14
current holder thereof, may have an execution, garnishment, or other 15
legal process issued upon that judgment or order at any time within 16
10 years of the 18th birthday of the youngest child named in the 17
order for whom support is ordered. 18
(3) After June 9, 1994, a party in whose favor a judgment has 19
been filed as a foreign judgment or rendered pursuant to subsection 20
(1) or (4) of this section, or the assignee or the current holder 21
thereof, may, within 90 days before the expiration of the original 22
10-year period, apply to the court that rendered the judgment or to 23
the court where the judgment was filed as a foreign judgment for an 24
order granting an additional 10 years during which an execution, 25
garnishment, or other legal process may be issued. If a district 26
court judgment of this state is transcribed to a superior court of 27
this state, the original district court judgment shall not be 28
extended and any petition under this section to extend the judgment 29
that has been transcribed to superior court shall be filed in the 30
superior court within 90 days before the expiration of the 10-year 31
period of the date the transcript of the district court judgment was 32
filed in the superior court of this state. The petitioner shall pay 33
to the court a filing fee equal to the filing fee for filing the 34
first or initial paper in a civil action in the court, except in the 35
case of district court judgments transcribed to superior court, where 36
the filing fee shall be the fee for filing the first or initial paper 37
in a civil action in the superior court where the judgment was 38
transcribed. The order granting the application shall contain an 39
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updated judgment summary as provided in RCW 4.64.030. The filing fee 1
required under this subsection shall be included in the judgment 2
summary and shall be a recoverable cost. The application shall be 3
granted as a matter of right, subject to review only for timeliness, 4
factual issues of full or partial satisfaction, or errors in 5
calculating the judgment summary amounts. 6
(4)(a) A party who obtains a judgment or order for restitution 7
pursuant to a criminal judgment and sentence, or the assignee or the 8
current holder thereof, may execute, garnish, and/or have legal 9
process issued upon the judgment or order any time within 10 years 10
subsequent to the entry of the judgment and sentence or 10 years 11
following the offender's release from total confinement as provided 12
in chapter 9.94A RCW. The clerk of (([the])) the superior court, or a 13
party designated by the clerk, may seek extension under subsection 14
(3) of this section for purposes of collection as allowed under RCW 15
36.18.190, provided that no filing fee shall be required.16
(b) A party who obtains a judgment or order for court-ordered 17
legal financial obligations other than restitution, pursuant to a 18
criminal judgment and sentence, or the assignee or the current holder 19
thereof, may execute, garnish, and have legal process issued upon the 20
judgment or order any time within 10 years subsequent to the entry of 21
the judgment and sentence or 10 years following the offender's 22
release from total confinement as provided in chapter 9.94A RCW. The 23
clerk of (([the])) the superior court, or a party designated by the 24
clerk, may seek extension under subsection (3) of this section for 25
purposes of collection as allowed under RCW 36.18.190, only if the 26
court finds that the offender has the current ((or likely future )) 27
ability to pay the nonrestitution legal financial obligations. A 28
person does not have the current ability to pay if the person is 29
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act . 30
No filing fee shall be required for filing a petition for an 31
extension pursuant to this subsection (4)(b). 32
(5) "Court" as used in this section includes but is not limited 33
to the United States supreme court, the United States courts of 34
appeals, the United States district courts, the United States 35
bankruptcy courts, the Washington state supreme court, the court of 36
appeals of the state of Washington, superior courts and district 37
courts of the counties of the state of Washington, and courts of 38
other states and jurisdictions from which judgment has been filed in 39
this state under chapter 6.36 or 6.40 RCW. 40
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(6) The perfection of any judgment lien and the priority of that 1
judgment lien on property as established by RCW 6.13.090 and chapter 2
4.56 RCW is not altered by the extension of the judgment pursuant to 3
the provisions of this section and the lien remains in full force and 4
effect and does not have to be rerecorded after it is extended. 5
Continued perfection of a judgment that has been transcribed to other 6
counties and perfected in those counties may be accomplished after 7
extension of the judgment by filing with the clerk of the other 8
counties where the judgment has been filed either a certified copy of 9
the order extending the judgment or a certified copy of the docket of 10
the matter where the judgment was extended. 11
(7) Except as ordered in RCW 4.16.020 (2) or (3), chapter 9.94A 12
RCW, or chapter 13.40 RCW, no judgment is enforceable for a period 13
exceeding 20 years from the date of entry in the originating court. 14
Nothing in this section may be interpreted to extend the expiration 15
date of a foreign judgment beyond the expiration date under the laws 16
of the jurisdiction where the judgment originated.17
(8) The chapter 261, Laws of 2002 amendments to this section 18
apply to all judgments currently in effect on June 13, 2002, to all 19
judgments extended after June 9, 1994, unless the judgment has been 20
satisfied, vacated, and/or quashed, and to all judgments filed or 21
rendered, or both, after June 13, 2002. 22
Sec. 7. RCW 9.92.060 and 2023 c 449 s 7 are each amended to read 23
as follows: 24
(1) Whenever any person is convicted of any crime except murder, 25
burglary in the first degree, arson in the first degree, robbery, 26
rape of a child, or rape, the superior court may, in its discretion, 27
at the time of imposing sentence upon such person, direct that such 28
sentence be stayed and suspended until otherwise ordered by the 29
superior court, and, upon such terms as the superior court may 30
determine, that the sentenced person be placed under the charge of:31
(a) A community corrections officer employed by the department of 32
corrections, if the person is subject to supervision under RCW 33
9.94A.501 or 9.94A.5011; or 34
(b) A probation officer employed or contracted for by the county, 35
if the county has elected to assume responsibility for the 36
supervision of superior court misdemeanant probationers.37
(2) As a condition to suspension of sentence, the superior court 38
may require the convicted person to make such monetary payments, on 39
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such terms as the superior court deems appropriate under the 1
circumstances, as are necessary: (a) To comply with any order of the 2
court for the payment of family support; (b) to make restitution to 3
any person or persons who may have suffered loss or damage by reason 4
of the commission of the crime in question or when the offender 5
pleads guilty to a lesser offense or fewer offenses and agrees with 6
the prosecutor's recommendation that the offender be required to pay 7
restitution to a victim of an offense or offenses which are not 8
prosecuted pursuant to a plea agreement; (c) to pay any fine imposed 9
and not suspended ((and)) by the court or other costs ((incurred in 10
the prosecution of the case )) specifically authorized by statute , 11
including reimbursement of the state for costs of extradition if 12
return to this state by extradition was required; and (d) to 13
contribute to a county or interlocal drug fund. 14
(3) At any time, including at sentencing, the court ((may)) shall 15
determine that the offender is not required to pay, or ((may)) shall 16
relieve the offender of the requirement to pay, full or partial 17
restitution ((and accrued interest on restitution )) where the entity 18
to whom restitution is owed is an insurer or a state agency, except 19
for restitution owed to the department of labor and industries under 20
chapter 7.68 RCW, if the court finds that the offender does not have 21
the current ((or likely future )) ability to pay. A person does not 22
have the current ability to pay if the person is indigent as defined 23
in ((RCW 10.01.160(3))) section 14 of this act . For the purposes of 24
this subsection, the terms "insurer" and "state agency" have the same 25
meanings as provided in RCW 9.94A.750(3). 26
(4) As a condition of the suspended sentence, the superior court 27
may order the probationer to report to the secretary of corrections 28
or such officer as the secretary may designate and as a condition of 29
the probation to follow the instructions of the secretary. If the 30
county legislative authority has elected to assume responsibility for 31
the supervision of superior court misdemeanant probationers within 32
its jurisdiction, the superior court misdemeanant probationer shall 33
report to a probation officer employed or contracted for by the 34
county. In cases where a superior court misdemeanant probationer is 35
sentenced in one county, but resides within another county, there 36
must be provisions for the probationer to report to the agency having 37
supervision responsibility for the probationer's county of residence.38
(5) If restitution to the victim has been ordered under 39
subsection (2)(b) of this section and the superior court has ordered 40
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supervision, the officer supervising the probationer shall make a 1
reasonable effort to ascertain whether restitution has been made as 2
ordered. If the superior court has ordered supervision and 3
restitution has not been made, the officer shall inform the 4
prosecutor of that violation of the terms of the suspended sentence 5
not less than three months prior to the termination of the suspended 6
sentence. 7
Sec. 8. RCW 9.94A.725 and 2000 c 28 s 27 are each amended to 8
read as follows: 9
Participation in a work crew is conditioned upon the offender's 10
acceptance into the program, abstinence from alcohol and controlled 11
substances as demonstrated by urinalysis and breathalyzer monitoring, 12
((with the cost of monitoring to be paid by the offender, unless 13
indigent;)) and ((upon)) compliance with the rules of the program, 14
which rules require the offender to work to the best of his or her 15
abilities and provide the program with accurate, verified residence 16
information. Work crew may be imposed simultaneously with electronic 17
home detention. 18
Where work crew is imposed as part of a sentence of nine months 19
or more, the offender must serve a minimum of thirty days of total 20
confinement before being eligible for work crew. 21
Work crew tasks shall be performed for a minimum of thirty-five 22
hours per week. Only those offenders sentenced to a facility operated 23
or utilized under contract by a county or the state, or sanctioned 24
under RCW 9.94A.737, are eligible to participate on a work crew. 25
Offenders sentenced for a sex offense are not eligible for the work 26
crew program. 27
An offender who has successfully completed four weeks of work 28
crew at thirty-five hours per week shall thereafter receive credit 29
toward the work crew sentence for hours worked at approved, verified 30
employment. Such employment credit may be earned for up to twenty-31
four hours actual employment per week provided, however, that every 32
such offender shall continue active participation in work crew 33
projects according to a schedule approved by a work crew supervisor 34
until the work crew sentence has been served. 35
The hours served as part of a work crew sentence may include 36
substance abuse counseling and/or job skills training.37
The civic improvement tasks performed by offenders on work crew 38
shall be unskilled labor for the benefit of the community as 39
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determined by the head of the county executive branch or his or her 1
designee. Civic improvement tasks shall not be done on private 2
property unless it is owned or operated by a nonprofit entity, except 3
that, for emergency purposes only, work crews may perform snow 4
removal on any private property. The civic improvement tasks shall 5
have minimal negative impact on existing private industries or the 6
labor force in the county where the service or labor is performed. 7
The civic improvement tasks shall not affect employment opportunities 8
for people with developmental disabilities contracted through 9
sheltered workshops as defined in RCW 82.04.385. In case any dispute 10
arises as to a civic improvement task having more than minimum 11
negative impact on existing private industries or labor force in the 12
county where their service or labor is performed, the matter shall be 13
referred by an interested party, as defined in RCW 39.12.010(4), for 14
arbitration to the director of the department of labor and industries 15
of the state. 16
((Whenever an offender receives credit against a work crew 17
sentence for hours of approved, verified employment, the offender 18
shall pay to the agency administering the program the monthly 19
assessment of an amount not less than ten dollars per month nor more 20
than fifty dollars per month. This assessment shall be considered 21
payment of the costs of providing the work crew program to an 22
offender. The court may exempt a person from the payment of all or 23
any part of the assessment based upon any of the following factors:24
(1) The offender has diligently attempted but has been unable to 25
obtain employment that provides the offender sufficient income to 26
make such payment.27
(2) The offender is a student in a school, college, university, 28
or a course of vocational or technical training designed to fit the 29
student for gainful employment.30
(3) The offender has an employment handicap, as determined by an 31
examination acceptable to or ordered by the court.32
(4) The offender is responsible for the support of dependents and 33
the payment of the assessment constitutes an undue hardship.34
(5) Other extenuating circumstances as determined by the court. )) 35
No fees or assessments shall be charged to an offender for 36
participation in a work crew or for the costs of urinalysis and 37
breathalyzer monitoring.38
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Sec. 9. RCW 9.94A.750 and 2022 c 260 s 2 are each amended to 1
read as follows: 2
This section applies to offenses committed on or before July 1, 3
1985. 4
(1) If restitution is ordered, the court shall determine the 5
amount of restitution due at the sentencing hearing or within 180 6
days. The court may continue the hearing beyond the 180 days for good 7
cause. The court shall then set a minimum monthly payment that the 8
offender is required to make towards the restitution that is ordered. 9
The court shall not issue any order that postpones the commencement 10
of restitution payments until after the offender is released from 11
total confinement. The court should take into consideration the total 12
amount of the restitution owed, the offender's ((present, past, and 13
future)) current ability to pay, as well as any assets that the 14
offender may have. An offender's inability to make restitution 15
payments while in total confinement may not be the basis for a 16
violation of his or her sentence unless his or her inability to make 17
payments resulted from a refusal to accept an employment offer to a 18
class I or class II job or a termination for cause from such a job.19
(2) During the period of supervision, the community corrections 20
officer may examine the offender to determine if there has been a 21
change in circumstances that warrants an amendment of the monthly 22
payment schedule. The community corrections officer may recommend a 23
change to the schedule of payment and shall inform the court of the 24
recommended change and the reasons for the change. The sentencing 25
court may then reset the monthly minimum payments based on the report 26
from the community corrections officer of the change in 27
circumstances. 28
(3)(a) Except as provided in subsection (6) of this section, 29
restitution ordered by a court pursuant to a criminal conviction 30
shall be based on easily ascertainable damages for injury to or loss 31
of property, actual expenses incurred for treatment for injury to 32
persons, and lost wages resulting from injury. Restitution shall not 33
include reimbursement for damages for mental anguish, pain and 34
suffering, or other intangible losses, but may include the costs of 35
counseling reasonably related to the offense. The amount of 36
restitution shall not exceed double the amount of the offender's gain 37
or the victim's loss from the commission of the offense.38
(b) At any time, including at sentencing, the court ((may)) shall 39
determine that the offender is not required to pay, or ((may)) shall 40
p. 13 HB 2102
relieve the offender of the requirement to pay, full or partial 1
restitution ((and accrued interest on restitution )) where the entity 2
to whom restitution is owed is an insurer or state agency, except for 3
restitution owed to the department of labor and industries under 4
chapter 7.68 RCW, if the court finds that the offender does not have 5
the current ((or likely future )) ability to pay. A person does not 6
have the current ability to pay if the person is indigent as defined 7
in ((RCW 10.01.160(3))) section 14 of this act . For the purposes of 8
this subsection: 9
(i) "Insurer" means any insurer as defined and authorized under 10
Title 48 RCW. "Insurer" does not include an individual self-insurance 11
program or joint self-insurance program. 12
(ii) "Self-insurance" means a formal program of advance funding 13
and management of entity financial exposure to a risk of loss that is 14
not transferred through the purchase of an insurance policy or 15
contract. 16
(iii) "State agency" has the same meaning as provided in RCW 17
42.56.010(1). 18
(4) For the purposes of this section, the offender shall remain 19
under the court's jurisdiction for a term of 10 years following the 20
offender's release from total confinement or 10 years subsequent to 21
the entry of the judgment and sentence, whichever period is longer. 22
Prior to the expiration of the initial 10-year period, the superior 23
court may extend jurisdiction under the criminal judgment an 24
additional 10 years for payment of restitution. The portion of the 25
sentence concerning restitution may be modified as to amount, terms 26
and conditions during either the initial 10-year period or subsequent 27
10-year period if the criminal judgment is extended, regardless of 28
the expiration of the offender's term of community supervision and 29
regardless of the statutory maximum sentence for the crime. The court 30
may not reduce the total amount of restitution ordered because the 31
offender may lack the ability to pay the total amount. The offender's 32
compliance with the restitution shall be supervised by the department 33
only during any period which the department is authorized to 34
supervise the offender in the community under RCW 9.94A.728, 35
9.94A.501, or in which the offender is in confinement in a state 36
correctional institution or a correctional facility pursuant to a 37
transfer agreement with the department, and the department shall 38
supervise the offender's compliance during any such period. The 39
department is responsible for supervision of the offender only during 40
p. 14 HB 2102
confinement and authorized supervision and not during any subsequent 1
period in which the offender remains under the court's jurisdiction. 2
The county clerk is authorized to collect unpaid restitution at any 3
time the offender remains under the jurisdiction of the court for 4
purposes of his or her legal financial obligations.5
(5) Restitution may be ordered whenever the offender is convicted 6
of an offense which results in injury to any person or damage to or 7
loss of property or as provided in subsection (6) of this section. In 8
addition, restitution may be ordered to pay for an injury, loss, or 9
damage if the offender pleads guilty to a lesser offense or fewer 10
offenses and agrees with the prosecutor's recommendation that the 11
offender be required to pay restitution to a victim of an offense or 12
offenses which are not prosecuted pursuant to a plea agreement.13
(6) Restitution for the crime of rape of a child in the first, 14
second, or third degree, in which the victim becomes pregnant, shall 15
include: (a) All of the victim's medical expenses that are associated 16
with the rape and resulting pregnancy; and (b) child support for any 17
child born as a result of the rape if child support is ordered 18
pursuant to a proceeding in superior court or administrative order 19
for support for that child. The clerk must forward any restitution 20
payments made on behalf of the victim's child to the Washington state 21
child support registry under chapter 26.23 RCW. Identifying 22
information about the victim and child shall not be included in the 23
order. The offender shall receive a credit against any obligation 24
owing under the administrative or superior court order for support of 25
the victim's child. For the purposes of this subsection, the offender 26
shall remain under the court's jurisdiction until the offender has 27
satisfied support obligations under the superior court or 28
administrative order but not longer than a maximum term of 25 years 29
following the offender's release from total confinement or 25 years 30
subsequent to the entry of the judgment and sentence, whichever 31
period is longer. The court may not reduce the total amount of 32
restitution ordered because the offender may lack the ability to pay 33
the total amount. The department shall supervise the offender's 34
compliance with the restitution ordered under this subsection.35
(7) In addition to any sentence that may be imposed, an offender 36
who has been found guilty of an offense involving fraud or other 37
deceptive practice or an organization which has been found guilty of 38
any such offense may be ordered by the sentencing court to give 39
notice of the conviction to the class of persons or to the sector of 40
p. 15 HB 2102
the public affected by the conviction or financially interested in 1
the subject matter of the offense by mail, by advertising in 2
designated areas or through designated media, or by other appropriate 3
means. 4
(8) This section does not limit civil remedies or defenses 5
available to the victim or offender including support enforcement 6
remedies for support ordered under subsection (6) of this section for 7
a child born as a result of a rape of a child victim. The court shall 8
identify in the judgment and sentence the victim or victims entitled 9
to restitution and what amount is due each victim. The state or 10
victim may enforce the court-ordered restitution in the same manner 11
as a judgment in a civil action. Restitution collected through civil 12
enforcement must be paid through the registry of the court and must 13
be distributed proportionately according to each victim's loss when 14
there is more than one victim. 15
Sec. 10. RCW 9.94A.753 and 2022 c 260 s 3 are each amended to 16
read as follows: 17
This section applies to offenses committed after July 1, 1985.18
(1) When restitution is ordered, the court shall determine the 19
amount of restitution due at the sentencing hearing or within 180 20
days except as provided in subsection (7) of this section. The court 21
may continue the hearing beyond the 180 days for good cause. The 22
court shall then set a minimum monthly payment that the offender is 23
required to make towards the restitution that is ordered. The court 24
shall not issue any order that postpones the commencement of 25
restitution payments until after the offender is released from total 26
confinement. The court should take into consideration the total 27
amount of the restitution owed, the offender's ((present, past, and 28
future)) current ability to pay, as well as any assets that the 29
offender may have. An offender's inability to make restitution 30
payments while in total confinement may not be the basis for a 31
violation of his or her sentence unless his or her inability to make 32
payments resulted from a refusal to accept an employment offer to a 33
class I or class II job or a termination for cause from such a job.34
(2) During the period of supervision, the community corrections 35
officer may examine the offender to determine if there has been a 36
change in circumstances that warrants an amendment of the monthly 37
payment schedule. The community corrections officer may recommend a 38
change to the schedule of payment and shall inform the court of the 39
p. 16 HB 2102
recommended change and the reasons for the change. The sentencing 1
court may then reset the monthly minimum payments based on the report 2
from the community corrections officer of the change in 3
circumstances. 4
(3)(a) Except as provided in subsection (6) of this section, 5
restitution ordered by a court pursuant to a criminal conviction 6
shall be based on easily ascertainable damages for injury to or loss 7
of property, actual expenses incurred for treatment for injury to 8
persons, and lost wages resulting from injury. Restitution shall not 9
include reimbursement for damages for mental anguish, pain and 10
suffering, or other intangible losses, but may include the costs of 11
counseling reasonably related to the offense. The amount of 12
restitution shall not exceed double the amount of the offender's gain 13
or the victim's loss from the commission of the crime.14
(b) At any time, including at sentencing, the court ((may)) shall 15
determine that the offender is not required to pay, or ((may)) shall 16
relieve the offender of the requirement to pay, full or partial 17
restitution ((and accrued interest on restitution )) where the entity 18
to whom restitution is owed is an insurer or state agency, except for 19
restitution owed to the department of labor and industries under 20
chapter 7.68 RCW, if the court finds that the offender does not have 21
the current ((or likely future )) ability to pay. A person does not 22
have the current ability to pay if the person is indigent as defined 23
in ((RCW 10.01.160(3))) section 14 of this act . For the purposes of 24
this subsection, the terms "insurer" and "state agency" have the same 25
meanings as provided in RCW 9.94A.750(3). 26
(4) For the purposes of this section, for an offense committed 27
prior to July 1, 2000, the offender shall remain under the court's 28
jurisdiction for a term of 10 years following the offender's release 29
from total confinement or 10 years subsequent to the entry of the 30
judgment and sentence, whichever period ends later. Prior to the 31
expiration of the initial 10-year period, the superior court may 32
extend jurisdiction under the criminal judgment an additional 10 33
years for payment of restitution. For an offense committed on or 34
after July 1, 2000, the offender shall remain under the court's 35
jurisdiction until the obligation is completely satisfied, regardless 36
of the statutory maximum for the crime. The portion of the sentence 37
concerning restitution may be modified as to amount, terms, and 38
conditions during any period of time the offender remains under the 39
court's jurisdiction, regardless of the expiration of the offender's 40
p. 17 HB 2102
term of community supervision and regardless of the statutory maximum 1
sentence for the crime. The court may not reduce the total amount of 2
restitution ordered because the offender may lack the ability to pay 3
the total amount. The offender's compliance with the restitution 4
shall be supervised by the department only during any period which 5
the department is authorized to supervise the offender in the 6
community under RCW 9.94A.728, 9.94A.501, or in which the offender is 7
in confinement in a state correctional institution or a correctional 8
facility pursuant to a transfer agreement with the department, and 9
the department shall supervise the offender's compliance during any 10
such period. The department is responsible for supervision of the 11
offender only during confinement and authorized supervision and not 12
during any subsequent period in which the offender remains under the 13
court's jurisdiction. The county clerk is authorized to collect 14
unpaid restitution at any time the offender remains under the 15
jurisdiction of the court for purposes of his or her legal financial 16
obligations. 17
(5) Restitution shall be ordered whenever the offender is 18
convicted of an offense which results in injury to any person or 19
damage to or loss of property or as provided in subsection (6) of 20
this section unless extraordinary circumstances exist which make 21
restitution inappropriate in the court's judgment and the court sets 22
forth such circumstances in the record. In addition, restitution 23
shall be ordered to pay for an injury, loss, or damage if the 24
offender pleads guilty to a lesser offense or fewer offenses and 25
agrees with the prosecutor's recommendation that the offender be 26
required to pay restitution to a victim of an offense or offenses 27
which are not prosecuted pursuant to a plea agreement.28
(6) Restitution for the crime of rape of a child in the first, 29
second, or third degree, in which the victim becomes pregnant, shall 30
include: (a) All of the victim's medical expenses that are associated 31
with the rape and resulting pregnancy; and (b) child support for any 32
child born as a result of the rape if child support is ordered 33
pursuant to a civil superior court or administrative order for 34
support for that child. The clerk must forward any restitution 35
payments made on behalf of the victim's child to the Washington state 36
child support registry under chapter 26.23 RCW. Identifying 37
information about the victim and child shall not be included in the 38
order. The offender shall receive a credit against any obligation 39
owing under the administrative or superior court order for support of 40
p. 18 HB 2102
the victim's child. For the purposes of this subsection, the offender 1
shall remain under the court's jurisdiction until the offender has 2
satisfied support obligations under the superior court or 3
administrative order for the period provided in RCW 4.16.020 or a 4
maximum term of 25 years following the offender's release from total 5
confinement or 25 years subsequent to the entry of the judgment and 6
sentence, whichever period is longer. The court may not reduce the 7
total amount of restitution ordered because the offender may lack the 8
ability to pay the total amount. The department shall supervise the 9
offender's compliance with the restitution ordered under this 10
subsection. 11
(7) Regardless of the provisions of subsections (1) through (6) 12
of this section, the court shall order restitution in all cases where 13
the victim is entitled to benefits under the crime victims' 14
compensation act, chapter 7.68 RCW. If the court does not order 15
restitution and the victim of the crime has been determined to be 16
entitled to benefits under the crime victims' compensation act, the 17
department of labor and industries, as administrator of the crime 18
victims' compensation program, may petition the court within one year 19
of entry of the judgment and sentence for entry of a restitution 20
order. Upon receipt of a petition from the department of labor and 21
industries, the court shall hold a restitution hearing and shall 22
enter a restitution order. 23
(8) In addition to any sentence that may be imposed, an offender 24
who has been found guilty of an offense involving fraud or other 25
deceptive practice or an organization which has been found guilty of 26
any such offense may be ordered by the sentencing court to give 27
notice of the conviction to the class of persons or to the sector of 28
the public affected by the conviction or financially interested in 29
the subject matter of the offense by mail, by advertising in 30
designated areas or through designated media, or by other appropriate 31
means. 32
(9) This section does not limit civil remedies or defenses 33
available to the victim, survivors of the victim, or offender 34
including support enforcement remedies for support ordered under 35
subsection (6) of this section for a child born as a result of a rape 36
of a child victim. The court shall identify in the judgment and 37
sentence the victim or victims entitled to restitution and what 38
amount is due each victim. The state or victim may enforce the court-39
ordered restitution in the same manner as a judgment in a civil 40
p. 19 HB 2102
action. Restitution collected through civil enforcement must be paid 1
through the registry of the court and must be distributed 2
proportionately according to each victim's loss when there is more 3
than one victim. 4
(10) If a person has caused a victim to lose money or property 5
through the filing of a vehicle report of sale in which the 6
designated buyer had no knowledge of the vehicle transfer or the 7
fraudulent filing of the report of sale, upon conviction or when the 8
offender pleads guilty and agrees with the prosecutor's 9
recommendation that the offender be required to pay restitution to a 10
victim, the court may order the defendant to pay an amount, fixed by 11
the court, not to exceed double the amount of the defendant's gain or 12
victim's loss from the filing of the vehicle report of sale in which 13
the designated buyer had no knowledge of the vehicle transfer or the 14
fraudulent filing of the report of sale. Such an amount may be used 15
to provide restitution to the victim at the order of the court. It is 16
the duty of the prosecuting attorney to investigate the alternative 17
of restitution, and to recommend it to the court, when the 18
prosecuting attorney believes that restitution is appropriate and 19
feasible. If the court orders restitution, the court must make a 20
finding as to the amount of the victim's loss due to the filing of 21
the report of sale in which the designated buyer had no knowledge of 22
the vehicle transfer or the fraudulent filing of the report of sale, 23
and if the record does not contain sufficient evidence to support 24
such finding, the court may conduct a hearing upon the issue. For 25
purposes of this section, "loss" refers to the amount of money or the 26
value of property or services lost. 27
Sec. 11. RCW 9.94A.760 and 2023 c 449 s 9 are each amended to 28
read as follows: 29
(1) Whenever a person is convicted in superior court, the court 30
may order the payment of a legal financial obligation as part of the 31
sentence. The court may not order an offender to pay costs ((as 32
described in RCW 10.01.160 if the court finds that the offender at 33
the time of sentencing is indigent as defined in RCW 10.01.160(3))) 34
except as specifically authorized by statute . An offender being 35
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act is 36
not grounds for failing to impose restitution, subject to RCW 37
9.94A.750(3) and 9.94A.753(3). The court must on either the judgment 38
and sentence or on a subsequent order to pay, designate the total 39
p. 20 HB 2102
amount of a legal financial obligation and segregate this amount 1
among the separate assessments made for restitution, costs, fines, 2
and other assessments required by law. On the same order, the court 3
is also to set a sum that the offender is required to pay on a 4
monthly basis towards satisfying the legal financial obligation. If 5
the court fails to set the offender monthly payment amount, the 6
department shall set the amount if the department has active 7
supervision of the offender, otherwise the county clerk shall set the 8
amount. 9
(2) Upon receipt of each payment made by or on behalf of an 10
offender, the county clerk shall distribute the payment in the 11
following order of priority until satisfied: 12
(a) First, proportionally to restitution to victims that have not 13
been fully compensated from other sources; 14
(b) Second, proportionally to restitution to insurance or other 15
sources with respect to a loss that has provided compensation to 16
victims; 17
(c) Third, proportionally to crime victims' assessments that have 18
not been waived under RCW 7.68.035; and 19
(d) Fourth, proportionally to costs, fines, and other assessments 20
required by law. 21
(3) ((If the court determines that the offender, at the time of 22
sentencing, has the means to pay for the cost of incarceration, the 23
court may require the offender to pay for the cost of incarceration. 24
The court shall not order the offender to pay the cost of 25
incarceration if the court finds that the offender at the time of 26
sentencing is indigent as defined in RCW 10.01.160(3). Costs of 27
incarceration ordered by the court shall not exceed a rate of $50 per 28
day of incarceration, if incarcerated in a prison, or the actual cost 29
of incarceration per day of incarceration, if incarcerated in a 30
county jail. In no case may the court require the offender to pay 31
more than $100 per day for the cost of incarceration. All funds 32
recovered from offenders for the cost of incarceration in the county 33
jail shall be remitted to the county and the costs of incarceration 34
in a prison shall be remitted to the department.35
(4))) The court may add to the judgment and sentence or 36
subsequent order to pay a statement that a notice of payroll 37
deduction is to be issued immediately. If the court chooses not to 38
order the immediate issuance of a notice of payroll deduction at 39
sentencing, the court shall add to the judgment and sentence or 40
p. 21 HB 2102
subsequent order to pay a statement that a notice of payroll 1
deduction may be issued or other income-withholding action may be 2
taken, without further notice to the offender if a monthly court-3
ordered legal financial obligation payment is not paid when due, and 4
an amount equal to or greater than the amount payable for one month 5
is owed. 6
If a judgment and sentence or subsequent order to pay does not 7
include the statement that a notice of payroll deduction may be 8
issued or other income-withholding action may be taken if a monthly 9
legal financial obligation payment is past due, the department or the 10
county clerk may serve a notice on the offender stating such 11
requirements and authorizations. Service shall be by personal service 12
or any form of mail requiring a return receipt. 13
(((5))) (4)(a) Independent of the department or the county clerk, 14
the party or entity to whom the legal financial obligation is owed 15
shall have the authority to use any other remedies available to the 16
party or entity to collect the legal financial obligation. These 17
remedies include enforcement in the same manner as a judgment in a 18
civil action by the party or entity to whom the legal financial 19
obligation is owed. Restitution collected through civil enforcement 20
must be paid through the registry of the court and must be 21
distributed proportionately according to each victim's loss when 22
there is more than one victim. The judgment and sentence shall 23
identify the party or entity to whom restitution is owed so that the 24
state, party, or entity may enforce the judgment. 25
(b) If restitution is ordered pursuant to RCW 9.94A.750(6) or 26
9.94A.753(6) to a victim of rape of a child or a victim's child born 27
from the rape, the Washington state child support registry shall be 28
identified as the party to whom payments must be made. Restitution 29
obligations arising from the rape of a child in the first, second, or 30
third degree that result in the pregnancy of the victim may be 31
enforced for the time periods provided under RCW 9.94A.750(6) and 32
9.94A.753(6). 33
(c) All other restitution obligations for an offense committed 34
prior to July 1, 2000, may be enforced at any time during the 10-year 35
period following the offender's release from total confinement or 36
within 10 years of entry of the judgment and sentence, whichever 37
period ends later. Prior to the expiration of the initial 10-year 38
period, the superior court may extend the criminal judgment an 39
additional 10 years for payment of restitution obligations. All other 40
p. 22 HB 2102
restitution obligations for an offense committed on or after July 1, 1
2000, may be enforced at any time the offender remains under the 2
court's jurisdiction. For an offense committed on or after July 1, 3
2000, the court shall retain jurisdiction over the offender, for 4
purposes of the offender's compliance with payment of the restitution 5
obligations, until the obligation is completely satisfied, regardless 6
of the statutory maximum for the crime. 7
(d) All other legal financial obligations other than restitution 8
may be enforced at any time during the 10-year period following the 9
offender's release from total confinement or within 10 years of entry 10
of the judgment and sentence, whichever period ends later. Prior to 11
the expiration of the initial 10-year period, the superior court may 12
extend the criminal judgment an additional 10 years for payment of 13
nonrestitution legal financial obligations only if the court finds 14
that the offender has the current ((or likely future)) ability to pay 15
the obligations. A person does not have the current ability to pay if 16
the person is indigent as defined in ((RCW 10.01.160(3))) section 14 17
of this act. 18
(e) The department may only supervise the offender's compliance 19
with payment of the legal financial obligations during any period in 20
which the department is authorized to supervise the offender in the 21
community under RCW 9.94A.728, 9.94A.501, or in which the offender is 22
confined in a state correctional institution or a correctional 23
facility pursuant to a transfer agreement with the department, and 24
the department shall supervise the offender's compliance during any 25
such period. The department is not responsible for supervision of the 26
offender during any subsequent period of time the offender remains 27
under the court's jurisdiction. The county clerk is authorized to 28
collect unpaid legal financial obligations at any time the offender 29
remains under the jurisdiction of the court for purposes of his or 30
her legal financial obligations. 31
(((6))) (5) In order to assist the court in setting a monthly sum 32
that the offender must pay during the period of supervision, the 33
offender is required to report to the department for purposes of 34
preparing a recommendation to the court. When reporting, the offender 35
is required, under oath, to respond truthfully and honestly to all 36
questions concerning present, past, and future earning capabilities 37
and the location and nature of all property or financial assets. The 38
offender is further required to bring all documents requested by the 39
department. 40
p. 23 HB 2102
(((7))) (6) After completing the investigation, the department 1
shall make a report to the court on the amount of the monthly payment 2
that the offender should be required to make towards a satisfied 3
legal financial obligation. 4
(((8))) (7)(a) During the period of supervision, the department 5
may make a recommendation to the court that the offender's monthly 6
payment schedule be modified so as to reflect a change in financial 7
circumstances. If the department sets the monthly payment amount, the 8
department may modify the monthly payment amount without the matter 9
being returned to the court. During the period of supervision, the 10
department may require the offender to report to the department for 11
the purposes of reviewing the appropriateness of the collection 12
schedule for the legal financial obligation. During this reporting, 13
the offender is required under oath to respond truthfully and 14
honestly to all questions concerning earning capabilities and the 15
location and nature of all property or financial assets. The offender 16
shall bring all documents requested by the department in order to 17
prepare the collection schedule. 18
(b) Subsequent to any period of supervision, or if the department 19
is not authorized to supervise the offender in the community, the 20
county clerk may make a recommendation to the court that the 21
offender's monthly payment schedule be modified so as to reflect a 22
change in financial circumstances. If the county clerk sets the 23
monthly payment amount, or if the department set the monthly payment 24
amount and the department has subsequently turned the collection of 25
the legal financial obligation over to the county clerk, the clerk 26
may modify the monthly payment amount without the matter being 27
returned to the court. During the period of repayment, the county 28
clerk may require the offender to report to the clerk for the purpose 29
of reviewing the appropriateness of the collection schedule for the 30
legal financial obligation. During this reporting, the offender is 31
required under oath to respond truthfully and honestly to all 32
questions concerning earning capabilities and the location and nature 33
of all property or financial assets. The offender shall bring all 34
documents requested by the county clerk in order to prepare the 35
collection schedule. 36
(((9))) (8) After the judgment and sentence or payment order is 37
entered, the department is authorized, for any period of supervision, 38
to collect the legal financial obligation from the offender. 39
Subsequent to any period of supervision or, if the department is not 40
p. 24 HB 2102
authorized to supervise the offender in the community, the county 1
clerk is authorized to collect unpaid legal financial obligations 2
from the offender. Any amount collected by the department shall be 3
remitted daily to the county clerk for the purpose of disbursements. 4
The department and the county clerks are authorized, but not 5
required, to accept credit cards as payment for a legal financial 6
obligation((, and any costs incurred related to accepting credit card 7
payments shall be the responsibility of the offender)).8
(((10))) (9) The department or any obligee of the legal financial 9
obligation may seek a mandatory wage assignment for the purposes of 10
obtaining satisfaction for the legal financial obligation pursuant to 11
RCW 9.94A.7701. Any party obtaining a wage assignment shall notify 12
the county clerk. The county clerks shall notify the department, or 13
the administrative office of the courts, whichever is providing the 14
monthly billing for the offender. 15
(((11))) (10) The requirement that the offender pay a monthly sum 16
towards a legal financial obligation constitutes a condition or 17
requirement of a sentence and the offender is subject to the 18
penalties for noncompliance as provided in RCW 9.94B.040, 9.94A.737, 19
or 9.94A.740. If the court determines that the offender is homeless 20
or a person who is mentally ill, as defined in RCW 71.24.025, failure 21
to pay a legal financial obligation is not willful noncompliance and 22
shall not subject the offender to penalties. 23
(((12))) (11)(a) The administrative office of the courts shall 24
mail individualized periodic billings to the address known by the 25
office for each offender with an unsatisfied legal financial 26
obligation. 27
(b) The billing shall direct payments to the county clerk.28
(c) The county clerk shall provide the administrative office of 29
the courts with notice of payments by such offenders no less 30
frequently than weekly. 31
(d) The county clerks, the administrative office of the courts, 32
and the department shall maintain agreements to implement this 33
subsection. 34
(((13))) (12) The department shall arrange for the collection of 35
unpaid legal financial obligations during any period of supervision 36
in the community through the county clerk. The department shall 37
either collect unpaid legal financial obligations or arrange for 38
collections through another entity if the clerk does not assume 39
responsibility or is unable to continue to assume responsibility for 40
p. 25 HB 2102
collection pursuant to subsection (((5))) (4) of this section. The 1
costs for collection services shall be paid by the offender.2
(((14))) (13) The county clerk may access the records of the 3
employment security department for the purposes of verifying 4
employment or income, seeking any assignment of wages, or performing 5
other duties necessary to the collection of an offender's legal 6
financial obligations. 7
(((15))) (14) Nothing in this chapter makes the department, the 8
state, the counties, or any state or county employees, agents, or 9
other persons acting on their behalf liable under any circumstances 10
for the payment of these legal financial obligations or for the acts 11
of any offender who is no longer, or was not, subject to supervision 12
by the department for a term of community custody, and who remains 13
under the jurisdiction of the court for payment of legal financial 14
obligations. 15
Sec. 12. RCW 9.95.210 and 2023 c 449 s 11 are each amended to 16
read as follows: 17
(1)(a) Except as provided in (b) of this subsection in granting 18
probation, the superior court may suspend the imposition or the 19
execution of the sentence and may direct that the suspension may 20
continue upon such conditions and for such time as it shall 21
designate, not exceeding the maximum term of sentence or two years, 22
whichever is longer. 23
(b) For a defendant sentenced for a domestic violence offense, or 24
under RCW 46.61.5055, the superior court may suspend the imposition 25
or the execution of the sentence and may direct that the suspension 26
continue upon such conditions and for such time as the court shall 27
designate, not to exceed five years. The court shall have continuing 28
jurisdiction and authority to suspend the execution of all or any 29
part of the sentence upon stated terms, including installment payment 30
of fines. A defendant who has been sentenced, and who then fails to 31
appear for any hearing to address the defendant's compliance with the 32
terms of probation when ordered to do so by the court shall have the 33
term of probation tolled until such time as the defendant makes his 34
or her presence known to the court on the record. Any time before 35
entering an order terminating probation, the court may modify or 36
revoke its order suspending the imposition or execution of the 37
sentence if the defendant violates or fails to carry out any of the 38
conditions of the suspended sentence. 39
p. 26 HB 2102
(2) In the order granting probation and as a condition thereof, 1
the superior court may in its discretion imprison the defendant in 2
the county jail for a period not exceeding one year and may fine the 3
defendant any sum not exceeding the statutory limit for the offense 4
committed, and court costs specifically authorized by statute . As a 5
condition of probation, the superior court may require the defendant 6
to make such monetary payments, on such terms as it deems appropriate 7
under the circumstances, as are necessary: (a) To comply with any 8
order of the court for the payment of family support; (b) to make 9
restitution to any person or persons who may have suffered loss or 10
damage by reason of the commission of the crime in question or when 11
the offender pleads guilty to a lesser offense or fewer offenses and 12
agrees with the prosecutor's recommendation that the offender be 13
required to pay restitution to a victim of an offense or offenses 14
which are not prosecuted pursuant to a plea agreement; (c) to pay 15
such fine as may be imposed and court costs specifically authorized 16
by statute , including reimbursement of the state for costs of 17
extradition if return to this state by extradition was required; (d) 18
((following consideration of the financial condition of the person 19
subject to possible electronic monitoring, to pay for the costs of 20
electronic monitoring if that monitoring was required by the court as 21
a condition of release from custody or as a condition of probation; 22
(e))) to contribute to a county or interlocal drug fund; and (((f))) 23
(e) to make restitution to a public agency for the costs of an 24
emergency response under RCW 38.52.430, and may require bonds for the 25
faithful observance of any and all conditions imposed in the 26
probation. 27
(3) The superior court shall order restitution in all cases where 28
the victim is entitled to benefits under the crime victims' 29
compensation act, chapter 7.68 RCW. If the superior court does not 30
order restitution and the victim of the crime has been determined to 31
be entitled to benefits under the crime victims' compensation act, 32
the department of labor and industries, as administrator of the crime 33
victims' compensation program, may petition the superior court within 34
one year of imposition of the sentence for entry of a restitution 35
order. Upon receipt of a petition from the department of labor and 36
industries, the superior court shall hold a restitution hearing and 37
shall enter a restitution order. 38
(4) At any time, including at sentencing, the court ((may)) shall 39
determine that the offender is not required to pay, or ((may)) shall 40
p. 27 HB 2102
relieve the offender of the requirement to pay, full or partial 1
restitution ((and accrued interest on restitution )) where the entity 2
to whom restitution is owed is an insurer or a state agency, except 3
for restitution owed to the department of labor and industries under 4
chapter 7.68 RCW, if the court finds that the offender does not have 5
the current ((or likely future )) ability to pay. A person does not 6
have the current ability to pay if the person is indigent as defined 7
in ((RCW 10.01.160(3))) section 14 of this act . For the purposes of 8
this subsection, the terms "insurer" and "state agency" have the same 9
meanings as provided in RCW 9.94A.750(3). 10
(5) In granting probation, the superior court may order the 11
probationer to report to the secretary of corrections or such officer 12
as the secretary may designate and as a condition of the probation to 13
follow the instructions of the secretary for up to twelve months. If 14
the county legislative authority has elected to assume responsibility 15
for the supervision of superior court misdemeanant probationers 16
within its jurisdiction, the superior court misdemeanant probationer 17
shall report to a probation officer employed or contracted for by the 18
county. In cases where a superior court misdemeanant probationer is 19
sentenced in one county, but resides within another county, there 20
must be provisions for the probationer to report to the agency having 21
supervision responsibility for the probationer's county of residence.22
(6) If the probationer has been ordered to make restitution and 23
the superior court has ordered supervision, the officer supervising 24
the probationer shall make a reasonable effort to ascertain whether 25
restitution has been made. If the superior court has ordered 26
supervision and restitution has not been made as ordered, the officer 27
shall inform the prosecutor of that violation of the terms of 28
probation not less than three months prior to the termination of the 29
probation period. The secretary of corrections will promulgate rules 30
and regulations for the conduct of the person during the term of 31
probation. For defendants found guilty in district court, like 32
functions as the secretary performs in regard to probation may be 33
performed by probation officers employed for that purpose by the 34
county legislative authority of the county wherein the court is 35
located. 36
(7) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to 37
sentences imposed under this section. 38
(8) For purposes of this section, "domestic violence" means the 39
same as in RCW 10.99.020. 40
p. 28 HB 2102
Sec. 13. RCW 10.01.160 and 2022 c 260 s 9 are each amended to 1
read as follows: 2
(1) ((Except as provided in subsection (3) of this section, the 3
court may require a defendant to pay costs. Costs may be imposed only 4
upon a convicted defendant, except for costs imposed upon a 5
defendant's entry into a deferred prosecution program, costs imposed 6
upon a defendant for pretrial supervision, or costs imposed upon a 7
defendant for preparing and serving a warrant for failure to appear.8
(2) Costs shall be limited to expenses specially incurred by the 9
state in prosecuting the defendant or in administering the deferred 10
prosecution program under chapter 10.05 RCW or pretrial supervision. 11
They cannot include expenses inherent in providing a constitutionally 12
guaranteed jury trial or expenditures in connection with the 13
maintenance and operation of government agencies that must be made by 14
the public irrespective of specific violations of law. Expenses 15
incurred for serving of warrants for failure to appear and jury fees 16
under RCW 10.46.190 may be included in costs the court may require a 17
defendant to pay. Costs for administering a deferred prosecution may 18
not exceed $250. Costs for administering a pretrial supervision other 19
than a pretrial electronic alcohol monitoring program, drug 20
monitoring program, or 24/7 sobriety program may not exceed $150. 21
Costs for preparing and serving a warrant for failure to appear may 22
not exceed $100. Costs of incarceration imposed on a defendant 23
convicted of a misdemeanor or a gross misdemeanor may not exceed the 24
actual cost of incarceration. In no case may the court require the 25
offender to pay more than $100 per day for the cost of incarceration. 26
Payment of other court-ordered financial obligations, including all 27
legal financial obligations and costs of supervision take precedence 28
over the payment of the cost of incarceration ordered by the court. 29
All funds received from defendants for the cost of incarceration in 30
the county or city jail must be remitted for criminal justice 31
purposes to the county or city that is responsible for the 32
defendant's jail costs. Costs imposed constitute a judgment against a 33
defendant and survive a dismissal of the underlying action against 34
the defendant. However, if the defendant is acquitted on the 35
underlying action, the costs for preparing and serving a warrant for 36
failure to appear do not survive the acquittal, and the judgment that 37
such costs would otherwise constitute shall be vacated.38
(3) The court shall not order a defendant to pay costs if the 39
defendant at the time of sentencing is indigent. In determining the 40
p. 29 HB 2102
amount and method of payment of costs for defendants who are not 1
indigent, the court shall take account of the financial resources of 2
the defendant and the nature of the burden that payment of costs will 3
impose. For the purposes of this section, a defendant is "indigent" 4
if the defendant: (a) Meets the criteria defined in RCW 10.101.010(3) 5
(a) through (c); (b) is homeless or mentally ill as defined in RCW 6
71.24.025; (c) has household income above 125 percent of the federal 7
poverty guidelines and has recurring basic living costs, as defined 8
in RCW 10.101.010, that render the defendant without the financial 9
ability to pay; or (d) has other compelling circumstances that exist 10
that demonstrate an inability to pay. 11
(4) A defendant who has been ordered to pay costs and who has not 12
willfully failed to pay the obligation, as described in RCW 13
9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the 14
sentencing court for remission of the payment of costs or of any 15
unpaid portion thereof. If it appears to the satisfaction of the 16
court that payment of the amount due will impose manifest hardship on 17
the defendant or the defendant's immediate family, the court may 18
remit all or part of the amount due in costs, modify the method of 19
payment under RCW 10.01.170, or convert the unpaid costs to community 20
restitution hours, if the jurisdiction operates a community 21
restitution program, at the rate of no less than the state minimum 22
wage established in RCW 49.46.020 for each hour of community 23
restitution. Manifest hardship exists where the defendant is indigent 24
as defined in subsection (3) of this section.25
(5) Except for direct costs relating to evaluating and reporting 26
to the court, prosecutor, or defense counsel regarding a defendant's 27
competency to stand trial as provided in RCW 10.77.060, this )) The 28
court shall not order a defendant to pay costs except as specifically 29
authorized by statute. "Costs" means any amount, whether designated a 30
fee, assessment, or cost, that is imposed for the costs associated 31
with a defendant's arrest, prosecution, detention, or supervision in 32
connection with a criminal offense.33
(2) This section shall not apply to costs related to medical or 34
mental health treatment or services a defendant receives while in 35
custody of the secretary of the department of social and health 36
services or other governmental units. This section shall not prevent 37
the secretary of the department of social and health services or 38
other governmental units from imposing liability and seeking 39
reimbursement from a defendant committed to an appropriate facility 40
p. 30 HB 2102
as provided in RCW 10.77.635 while criminal proceedings are stayed. 1
This section shall also not prevent governmental units from imposing 2
liability on defendants for costs related to providing medical or 3
mental health treatment while the defendant is in the governmental 4
unit's custody. Medical or mental health treatment and services a 5
defendant receives at a state hospital or other facility are not a 6
cost of prosecution and shall be recoverable under RCW 10.77.129 and 7
70.48.130, chapter 43.20B RCW, and any other applicable statute.8
NEW SECTION. Sec. 14. A new section is added to chapter 10.01 9
RCW to read as follows: 10
For the purposes of this chapter, a defendant is "indigent" if 11
the defendant: (1) Meets the criteria defined in RCW 10.101.010(3) 12
(a) or (b); (2) is homeless or mentally ill as defined in RCW 13
71.24.025; (3) has household income of 200 percent or less of the 14
federal poverty level; (4) has household income above 200 percent of 15
the federal poverty levels and has recurring basic living costs, as 16
defined in RCW 10.101.010, that render the defendant without the 17
financial ability to pay; or (5) has other compelling circumstances 18
that exist that demonstrate an inability to pay. 19
Sec. 15. RCW 10.01.170 and 2022 c 260 s 19 are each amended to 20
read as follows: 21
(1) When a defendant is sentenced to pay fines, penalties, 22
assessments, fees, restitution, or costs, the court may grant 23
permission for payment to be made within a specified period of time 24
or in specified installments. If the court finds that the defendant 25
is indigent as defined in ((RCW 10.01.160(3))) section 14 of this 26
act, the court shall grant permission for payment to be made within a 27
specified period of time or in specified installments. If no such 28
permission is included in the sentence the fine or costs shall be 29
payable forthwith. 30
(2) An offender's monthly payment shall be applied in the 31
following order of priority until satisfied: 32
(a) First, proportionally to restitution to victims that have not 33
been fully compensated from other sources; 34
(b) Second, proportionally to restitution to insurance or other 35
sources with respect to a loss that has provided compensation to 36
victims; 37
(c) Third, proportionally to crime victims' assessments; and38
p. 31 HB 2102
(d) Fourth, proportionally to costs, fines, and other assessments 1
required by law. 2
(3) No additional fee, penalty, or assessment may be charged for 3
a defendant to pay legal financial obligations over a period of time 4
or in installments.5
Sec. 16. RCW 10.01.185 and 2022 c 260 s 8 are each amended to 6
read as follows: 7
A defendant who has been ordered to pay fines and who has not 8
willfully failed to pay the obligation, as described in RCW 9
9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the 10
sentencing court for remission of the payment of fines or of any 11
unpaid portion thereof. If it appears to the satisfaction of the 12
court that payment of the amount due will impose manifest hardship on 13
the defendant or the defendant's immediate family, the court ((may)) 14
shall remit all or part of the amount due in fines, modify the method 15
of payment under RCW 10.01.170, or convert the unpaid amounts to 16
community restitution hours, if the jurisdiction operates a community 17
restitution program, at the rate of no less than the state minimum 18
wage established in RCW 49.46.020 for each hour of community 19
restitution. Manifest hardship exists where the defendant is indigent 20
as defined in ((RCW 10.01.160(3))) section 14 of this act.21
Sec. 17. RCW 10.05.140 and 2024 c 306 s 21 are each amended to 22
read as follows: 23
(1) As a condition of granting a deferred prosecution petition 24
for a violation of RCW 46.61.502 or 46.61.504, the court shall order 25
that the petitioner shall not operate a motor vehicle upon the public 26
highways without a valid operator's license and proof of liability 27
insurance. The amount of liability insurance shall be established by 28
the court at not less than that established by RCW 46.29.490. As a 29
condition of granting a deferred prosecution petition on any 30
substance use disorder-based case, the court shall also order the 31
installation of an ignition interlock under RCW 46.20.720. The 32
required periods of use of the interlock shall be not less than the 33
periods provided for in RCW 46.20.720. As a condition of granting a 34
deferred prosecution petition, the court may order the petitioner to 35
make restitution ((and)). The court may not order the petitioner to 36
pay costs as defined in RCW 10.01.160 except as specifically 37
authorized by statute . To help ensure continued sobriety and reduce 38
p. 32 HB 2102
the likelihood of reoffense, the court may order reasonable 1
conditions during the period of the deferred prosecution including, 2
but not limited to, attendance at self-help recovery support groups 3
for substance use disorder, complete abstinence from alcohol and all 4
nonprescribed mind-altering drugs, periodic urinalysis or breath 5
analysis, and maintaining law-abiding behavior. The court may 6
terminate the deferred prosecution upon violation of the deferred 7
prosecution order. 8
(2) As a condition of granting a deferred prosecution petition 9
for a case involving a domestic violence behavior problem:10
(a) The court shall order the petitioner not to possess firearms 11
and order the petitioner to surrender firearms under RCW 9.41.800; 12
and 13
(b) The court may order the petitioner to make restitution 14
((and)). The court may not order the petitioner to pay costs as 15
defined in RCW 10.01.160 except as specifically authorized by 16
statute. In addition, to help ensure continued sobriety and reduce 17
the likelihood of reoffense in co-occurring domestic violence and 18
substance use disorder or mental health disorder cases, the court may 19
order reasonable conditions during the period of the deferred 20
prosecution including, but not limited to, attendance at self-help 21
recovery support groups for substance use disorder, complete 22
abstinence from alcohol and all nonprescribed mind-altering drugs, 23
periodic urinalysis or breath analysis, and maintaining law-abiding 24
behavior. The court may terminate the deferred prosecution upon 25
violation of the deferred prosecution order. 26
Sec. 18. RCW 10.05.170 and 2024 c 306 s 25 are each amended to 27
read as follows: 28
As a condition of granting deferred prosecution, the court may 29
order supervision of the petitioner during the period of deferral 30
((and may levy a monthly assessment upon the petitioner as provided 31
in RCW 10.64.120)). The court may not charge a fee or assessment in 32
connection with the deferred prosecution. In a jurisdiction with a 33
probation department, the court may appoint the probation department 34
to supervise the petitioner. In a jurisdiction without a probation 35
department, the court may appoint an appropriate person or agency to 36
supervise the petitioner. A supervisor appointed under this section 37
shall be required to do at least the following: 38
p. 33 HB 2102
(1) If the charge for which deferral is granted relates to 1
operation of a motor vehicle, at least once every three months 2
request an abstract of the petitioner's driving record;3
(2) At least once every month make contact with the petitioner 4
until treatment is completed; 5
(3) Review the petitioner's criminal history at a minimum of 6
every 90 days until the end of the deferral period; and7
(4) Report known violations of supervision or law and 8
noncompliance with conditions of the deferred prosecution to the 9
court within five business days or as soon as practicable.10
Sec. 19. RCW 10.64.015 and 2022 c 260 s 11 are each amended to 11
read as follows: 12
When the defendant is found guilty, the court shall render 13
judgment accordingly ((, and the defendant may be liable for all 14
costs, unless the court or jury trying the cause expressly find 15
otherwise)). The court shall not order a defendant to pay costs, as 16
((described)) defined in RCW 10.01.160, except as specifically 17
authorized by statute. The court shall not order a defendant to pay 18
costs if the court finds that the person at the time of sentencing is 19
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act.20
Sec. 20. RCW 10.64.120 and 2021 c 41 s 4 are each amended to 21
read as follows: 22
(1) ((Every judge of a court of limited jurisdiction shall have 23
the authority to levy upon a person a monthly assessment not to 24
exceed one hundred dollars for services provided whenever the person 25
is referred by the court to the misdemeanant probation department for 26
evaluation or supervision services. The assessment may also be made 27
by a judge in superior court when such misdemeanor or gross 28
misdemeanor cases are heard in the superior court. Nothing in this 29
subsection prevents contracting jurisdictions under RCW 39.34.180(6) 30
from agreeing to the division of moneys received for probation 31
supervision services.32
(2) For the purposes of this section the )) The administrative 33
office of the courts shall define a probation department and adopt 34
rules for the qualifications of probation officers based on 35
occupational and educational requirements developed by an oversight 36
committee. This oversight committee shall include a representative 37
from the district and municipal court judges' association, the 38
p. 34 HB 2102
misdemeanant corrections association, the administrative office of 1
the courts, and associations of cities and counties. The oversight 2
committee shall consider qualifications that provide the training and 3
education necessary to (a) conduct presentencing and postsentencing 4
background investigations, including sentencing recommendations to 5
the court regarding jail terms, alternatives to incarceration, and 6
conditions of release; and (b) provide ongoing supervision and 7
assessment of offenders' needs and the risk they pose to the 8
community. 9
(((3) It shall be the responsibility of the probation services 10
office to implement local procedures approved by the court of limited 11
jurisdiction to ensure collection and payment of such fees into the 12
general fund of the city or county treasury.13
(4) Revenues raised under this section shall be used to fund 14
programs for probation services and shall be in addition to those 15
funds provided in RCW 3.62.050.16
(5) Assessments and fees levied upon a probationer under this 17
section must be suspended while the probationer is being supervised 18
by another state under RCW 9.94A.745, the interstate compact for 19
adult offender supervision. )) (2) Probation departments may not levy 20
fees or assessments related to any misdemeanor or felony evaluation 21
or supervision services.22
Sec. 21. RCW 10.82.070 and 2012 c 136 s 6 are each amended to 23
read as follows: 24
(1) All sums of money derived from costs, fines, penalties, and 25
forfeitures imposed or collected, in whole or in part, by a superior 26
court for violation of orders of injunction, mandamus and other like 27
writs, for contempt of court, or for breach of the penal laws shall 28
be paid in cash by the person collecting the same, within twenty days 29
after the collection, to the county treasurer of the county in which 30
the same have accrued. 31
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the county 32
treasurer shall remit monthly thirty-two percent of the money 33
received under this section except for certain costs to the state 34
treasurer for deposit in the state general fund and shall deposit the 35
remainder as provided by law. "Certain costs" as used in this 36
subsection, means those costs awarded to prevailing parties in civil 37
actions under RCW 4.84.010 or 36.18.040, or those costs awarded 38
against convicted defendants in criminal actions ((under RCW 39
p. 35 HB 2102
10.01.160, 10.46.190, or 36.18.040, or other similar statutes )) as 1
specifically authorized by statute if such costs are specifically 2
designated as costs by the court ((and are awarded for the specific 3
reimbursement of costs incurred by the state or county in the 4
prosecution of the case, including the fees of defense counsel )). 5
Costs or assessments awarded to dedicated accounts, state or local, 6
are not subject to this state allocation or to RCW 7.68.035.7
(3) All fees, fines, forfeitures and penalties collected or 8
assessed by a district court because of the violation of a state law 9
shall be remitted as provided in chapter 3.62 RCW as now exists or is 10
later amended. All fees, fines, forfeitures, and penalties collected 11
or assessed by a superior court in cases on appeal from a lower court 12
shall be remitted to the municipal or district court from which the 13
cases were appealed. 14
Sec. 22. RCW 10.101.020 and 1997 c 41 s 5 are each amended to 15
read as follows: 16
(1) A determination of indigency shall be made for all persons 17
wishing the appointment of counsel in criminal, juvenile, involuntary 18
commitment, and dependency cases, and any other case where the right 19
to counsel attaches. The court or its designee shall determine 20
whether the person is indigent pursuant to the standards set forth in 21
this chapter. 22
(2) In making the determination of indigency, the court shall 23
also consider the anticipated length and complexity of the 24
proceedings and the usual and customary charges of an attorney in the 25
community for rendering services, and any other circumstances 26
presented to the court which are relevant to the issue of indigency. 27
The appointment of counsel shall not be denied to the person because 28
the person's friends or relatives, other than a spouse who was not 29
the victim of any offense or offenses allegedly committed by the 30
person, have resources adequate to retain counsel, or because the 31
person has posted or is capable of posting bond. 32
(3) The determination of indigency shall be made upon the 33
defendant's initial contact with the court or at the earliest time 34
circumstances permit. The court or its designee shall keep a written 35
record of the determination of indigency. Any information given by 36
the accused under this ((section or sections )) chapter shall be 37
confidential and shall not be available for use by the prosecution in 38
the pending case. 39
p. 36 HB 2102
(4) If a determination of eligibility cannot be made before the 1
time when the first services are to be rendered, the court shall 2
appoint an attorney on a provisional basis. If the court subsequently 3
determines that the person receiving the services is ineligible, the 4
court shall notify the person of the termination of services, subject 5
to court-ordered reinstatement. 6
(5) ((All persons determined to be indigent and able to 7
contribute, shall be required to execute a promissory note at the 8
time counsel is appointed. The person shall be informed whether 9
payment shall be made in the form of a lump sum payment or periodic 10
payments. The payment and payment schedule must be set forth in 11
writing. The person receiving the appointment of counsel shall also 12
sign an affidavit swearing under penalty of perjury that all income 13
and assets reported are complete and accurate. In addition, the 14
person must swear in the affidavit to immediately report any change 15
in financial status to the court.16
(6))) The office or individual charged by the court to make the 17
determination of indigency shall provide a written report and opinion 18
as to indigency on a form prescribed by the office of public defense, 19
based on information obtained from the defendant and subject to 20
verification. The form shall include information necessary to provide 21
a basis for making a determination with respect to indigency as 22
provided by this chapter. 23
(6) A defendant who is indigent shall not be charged costs or 24
fees for court-appointed counsel.25
Sec. 23. RCW 35.20.220 and 2018 c 269 s 5 are each amended to 26
read as follows: 27
(1) The chief clerk, under the supervision and direction of the 28
court administrator of the municipal court, shall have the custody 29
and care of the books, papers and records of the court. The chief 30
clerk or a deputy shall be present during the session of the court 31
and has the power to swear all witnesses and jurors, administer oaths 32
and affidavits, and take acknowledgments. The chief clerk shall keep 33
the records of the court and shall issue all process under his or her 34
hand and the seal of the court. The chief clerk shall do and perform 35
all things and have the same powers pertaining to the office as the 36
clerks of the superior courts have in their office. He or she shall 37
receive all fines, penalties, and fees of every kind and keep a full, 38
accurate, and detailed account of the same. The chief clerk shall on 39
p. 37 HB 2102
each day pay into the city treasury all money received for the city 1
during the day previous, with a detailed account of the same, and 2
taking the treasurer's receipt therefor. 3
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city 4
treasurer shall remit monthly thirty-two percent of the noninterest 5
money received under this section, other than for parking infractions 6
and certain costs to the state treasurer. "Certain costs" as used in 7
this subsection, means those costs awarded to prevailing parties in 8
civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded 9
against convicted defendants in criminal actions ((under RCW 10
10.01.160, 10.46.190, or 36.18.040, or other similar statutes )) as 11
specifically authorized by statute if such costs are specifically 12
designated as costs by the court ((and are awarded for the specific 13
reimbursement of costs incurred by the state, county, city, or town 14
in the prosecution of the case, including the fees of defense 15
counsel)). Money remitted under this subsection to the state 16
treasurer shall be deposited in the state general fund.17
(3) The balance of the noninterest money received under this 18
section shall be retained by the city and deposited as provided by 19
law. 20
(4)(a) Except as provided in (b) of this subsection, penalties, 21
fines, fees, and costs may accrue interest at the rate of twelve 22
percent per annum, upon assignment to a collection agency. Interest 23
may accrue only while the case is in collection status.24
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 25
and costs imposed against a defendant in a criminal proceeding shall 26
not accrue interest. 27
(5) Interest retained by the court on penalties, fines, ((bail 28
forfeitures,)) fees, and costs imposed in civil proceedings shall be 29
split ((twenty-five)) 25 percent to the state treasurer for deposit 30
in the state general fund, ((twenty-five)) 25 percent to the state 31
treasurer for deposit in the judicial information system account as 32
provided in RCW 2.68.020, ((twenty-five)) 25 percent to the city 33
general fund, and ((twenty-five)) 25 percent to the city general fund 34
to fund local courts. 35
Sec. 24. RCW 36.18.016 and 2022 c 29 s 12 are each amended to 36
read as follows: 37
(1) Revenue collected under this section is not subject to 38
division under RCW 36.18.025 or 27.24.070. 39
p. 38 HB 2102
(2)(a) For the filing of a petition for modification of a decree 1
of dissolution or paternity, within the same case as the original 2
action, and any party filing a counterclaim, cross-claim, or third-3
party claim in any such action, a fee of $36 must be paid.4
(b) The party filing the first or initial petition for 5
dissolution, legal separation, or declaration concerning the validity 6
of marriage shall pay, at the time and in addition to the filing fee 7
required under RCW 36.18.020, a fee of $54. The clerk of the superior 8
court shall transmit monthly $48 of the $54 fee collected under this 9
subsection to the state treasury for deposit in the domestic violence 10
prevention account. The remaining six dollars shall be retained by 11
the county for the purpose of supporting community-based domestic 12
violence services within the county, except for five percent of the 13
six dollars, which may be retained by the court for administrative 14
purposes. On or before December 15th of each year, the county shall 15
report to the department of social and health services revenues 16
associated with this section and community-based domestic violence 17
services expenditures. The department of social and health services 18
shall develop a reporting form to be utilized by counties for uniform 19
reporting purposes. 20
(3)(((a))) The party making a demand for a jury of six in a civil 21
action shall pay, at the time, a fee of $125; if the demand is for a 22
jury of 12, a fee of $250. If, after the party demands a jury of six 23
and pays the required fee, any other party to the action requests a 24
jury of 12, an additional $125 fee will be required of the party 25
demanding the increased number of jurors. 26
(((b) Upon conviction in criminal cases a jury demand charge of 27
$125 for a jury of six, or $250 for a jury of 12 may be imposed as 28
costs under RCW 10.46.190.))29
(4) For preparing a certified copy of an instrument on file or of 30
record in the clerk's office, for the first page or portion of the 31
first page, a fee of five dollars, and for each additional page or 32
portion of a page, a fee of one dollar must be charged. For 33
authenticating or exemplifying an instrument, a fee of two dollars 34
for each additional seal affixed must be charged. For preparing a 35
copy of an instrument on file or of record in the clerk's office 36
without a seal, a fee of 50 cents per page must be charged. When 37
copying a document without a seal or file that is in an electronic 38
format, a fee of 25 cents per page must be charged. For copies made 39
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on a compact disc, an additional fee of $20 for each compact disc 1
must be charged. 2
(5) For executing a certificate, with or without a seal, a fee of 3
two dollars must be charged. 4
(6) For a garnishee defendant named in an affidavit for 5
garnishment and for a writ of attachment, a fee of $20 must be 6
charged. 7
(7) For filing a supplemental proceeding, a fee of $20 must be 8
charged. 9
(8) For approving a bond, including justification on the bond, in 10
other than civil actions and probate proceedings, a fee of two 11
dollars must be charged. 12
(9) For the issuance of a certificate of qualification and a 13
certified copy of letters of administration, letters testamentary, or 14
letters of guardianship, there must be a fee of five dollars.15
(10) For the preparation of a passport application, the clerk may 16
collect an execution fee as authorized by the federal government.17
(11) For clerk's services such as performing historical searches, 18
compiling statistical reports, and conducting exceptional record 19
searches, the clerk may collect a fee not to exceed $30 per hour.20
(12) For processing ex parte orders, the clerk may collect a fee 21
of $30. 22
(13) For duplicated recordings of court's proceedings there must 23
be a fee of $10 for each audiotape and $25 for each video or other 24
electronic storage medium. 25
(14) For registration of land titles, Torrens Act, under RCW 26
65.12.780, a fee of $20 must be charged. 27
(15) For the issuance of extension of judgment under RCW 6.17.020 28
and chapter 9.94A RCW, a fee of $200 must be charged. When the 29
extension of judgment is at the request of the clerk, the $200 charge 30
may be imposed as court costs ((under RCW 10.46.190)). This charge 31
may not be imposed in criminal cases except as provided in RCW 32
6.17.020.33
(16) A facilitator surcharge of up to $20 must be charged as 34
authorized under RCW 26.12.240. 35
(17) For filing an adjudication claim under RCW 90.03.180, a fee 36
of $25 must be charged. 37
(18) For filing a claim of frivolous lien under RCW 60.04.081 or 38
60.90.130 or filing an action to release a lien under RCW 60.90.090 39
and 60.90.140, a fee of $35 must be charged. 40
p. 40 HB 2102
(19) For preparation of a change of venue, a fee of $20 must be 1
charged by the originating court in addition to the per page charges 2
in subsection (4) of this section. 3
(20) A service fee of five dollars for the first page and one 4
dollar for each additional page must be charged for receiving faxed 5
documents, pursuant to Washington state rules of court, general rule 6
17. 7
(21) For preparation of clerk's papers under RAP 9.7, a fee of 50 8
cents per page must be charged. 9
(22) For copies and reports produced at the local level as 10
permitted by RCW 2.68.020 and supreme court policy, a variable fee 11
must be charged. 12
(23) Investment service charge and earnings under RCW 36.48.090 13
must be charged. 14
(24) Costs for nonstatutory services rendered by clerk by 15
authority of local ordinance or policy must be charged.16
(25) For filing a request for civil arbitration, a filing fee may 17
be assessed against the party filing a statement of arbitrability not 18
to exceed $250 as established by authority of local ordinance. $220 19
of this charge shall be used to offset the cost of the civil 20
arbitration program. $30 of each fee collected under this subsection 21
must be used for indigent defense services. 22
(26) For filing a request for trial de novo of a civil 23
arbitration award, a fee not to exceed $400 as established by 24
authority of local ordinance must be charged. 25
(27) A public agency may not charge a fee to a law enforcement 26
agency, for preparation, copying, or mailing of certified copies of 27
the judgment and sentence, information, affidavit of probable cause, 28
and/or the notice of requirement to register, of a sex offender 29
convicted in a Washington court, when such records are necessary for 30
risk assessment, preparation of a case for failure to register, or 31
maintenance of a sex offender's registration file.32
(28) For the filing of a will or codicil under the provisions of 33
chapter 11.12 RCW, a fee of $20 must be charged. 34
(29) A surcharge of up to $20 may be charged in dissolution and 35
legal separation actions as authorized by RCW 26.12.260.36
The revenue to counties from the fees established in this section 37
shall be deemed to be complete reimbursement from the state for the 38
state's share of benefits paid to the superior court judges of the 39
p. 41 HB 2102
state prior to July 24, 2005, and no claim shall lie against the 1
state for such benefits. 2
Sec. 25. RCW 36.18.020 and 2025 c 357 s 1 are each amended to 3
read as follows: 4
(1) Revenue collected under this section is subject to division 5
with the state under RCW 36.18.025 and with the county or regional 6
law library fund under RCW 27.24.070, except as provided in 7
subsections (((5))) (6) and (((6))) (7) of this section.8
(2) Clerks of superior courts shall collect the following fees 9
for their official services: 10
(a) In addition to any other fee required by law, the party 11
filing the first or initial document in any civil action, including, 12
but not limited to an action for restitution, adoption, or change of 13
name, and any party filing a counterclaim, cross-claim, or third-14
party claim in any such civil action, shall pay, at the time the 15
document is filed, a fee of $200 except, in an unlawful detainer 16
action under chapter 59.18 or 59.20 RCW for which the plaintiff shall 17
pay a case initiating filing fee of $45, or in proceedings filed 18
under RCW 28A.225.030 alleging a violation of the compulsory 19
attendance laws where the petitioner shall not pay a filing fee. The 20
$45 filing fee under this subsection for an unlawful detainer action 21
shall not include an order to show cause or any other order or 22
judgment except a default order or default judgment in an unlawful 23
detainer action. 24
(b) Any party, except a defendant in a criminal case, filing the 25
first or initial document on an appeal from a court of limited 26
jurisdiction or any party on any civil appeal, shall pay, when the 27
document is filed, a fee of $200. 28
(c) For filing of a petition for judicial review as required 29
under RCW 34.05.514 a filing fee of $200. 30
(d) For filing of a petition for an antiharassment protection 31
order under RCW 7.105.100 a filing fee of $53. 32
(e) For filing the notice of debt due for the compensation of a 33
crime victim under RCW 7.68.120(2)(a) a fee of $200.34
(f) In probate proceedings, the party instituting such 35
proceedings, shall pay at the time of filing the first document 36
therein, a fee of $200. 37
(g) For filing any petition to contest a will admitted to probate 38
or a petition to admit a will which has been rejected, or a petition 39
p. 42 HB 2102
objecting to a written agreement or memorandum as provided in RCW 1
11.96A.220, there shall be paid a fee of $200. 2
(h) ((Upon conviction or plea of guilty, upon failure to 3
prosecute an appeal from a court of limited jurisdiction as provided 4
by law, or upon affirmance of a conviction by a court of limited 5
jurisdiction, an adult defendant in a criminal case shall be liable 6
for a fee of two hundred dollars, except this fee shall not be 7
imposed on a defendant who is indigent as defined in RCW 8
10.01.160(3). Upon motion by the defendant, the court may waive or 9
reduce any fee previously imposed under this subsection if the court 10
finds that the defendant is indigent as defined in RCW 10.01.160(3).11
(i))) No fee shall be assessed if an order of dismissal on the 12
clerk's record be filed as provided by rule of the supreme court.13
(3) No filing fee shall be charged or collected in a criminal 14
case.15
(4) No fee shall be collected when a petition for relinquishment 16
of parental rights is filed pursuant to RCW 26.33.080 or for forms 17
and instructional brochures provided under RCW 7.105.115.18
(((4))) (5) No fee shall be collected when an abstract of 19
judgment is filed by the county clerk of another county for the 20
purposes of collection of legal financial obligations.21
(((5))) (6)(a) In addition to the fees required to be collected 22
under this section, clerks of the superior courts must collect the 23
following surcharges ((as provided in this subsection (5))) of which 24
75 percent must be remitted to the state treasurer for deposit in the 25
judicial stabilization trust account and 25 percent must be retained 26
by the county. 27
(b) On filing fees required to be collected under subsection 28
(2)(b) of this section, a surcharge of $30 must be collected.29
(c) On all filing fees required to be collected under this 30
section, except for fees required under subsection (2)(b)((,)) and 31
(d)((, and (h))) of this section, a surcharge of $40 must be 32
collected. 33
(((6))) (7) On filing fees required to be collected under 34
subsection (2)(a), (b), (c), (e), (f), and (g) of this section, a 35
surcharge of $50 must be collected and $45 of such surcharge must be 36
transmitted by the county treasurer to the state treasurer to be 37
deposited in the following manner: $20 in the Washington state legacy 38
project, state library, and archives account and $25 in the judicial 39
stabilization trust account. The remaining funds must be retained by 40
p. 43 HB 2102
the county to be used for the county clerk's office operations, 1
including administering the surcharge. 2
Sec. 26. RCW 4.56.110 and 2019 c 371 s 1 are each amended to 3
read as follows: 4
Interest on judgments shall accrue as follows: 5
(1) Judgments founded on written contracts, providing for the 6
payment of interest until paid at a specified rate, shall bear 7
interest at the rate specified in the contracts: PROVIDED, That said 8
interest rate is set forth in the judgment. 9
(2) All judgments for unpaid child support that have accrued 10
under a superior court order or an order entered under the 11
administrative procedure act shall bear interest at the rate of 12
twelve percent. 13
(3)(a) Judgments founded on the tortious conduct of a "public 14
agency" as defined in RCW 42.30.020 shall bear interest from the date 15
of entry at two percentage points above the equivalent coupon issue 16
yield, as published by the board of governors of the federal reserve 17
system, of the average bill rate for twenty-six week treasury bills 18
as determined at the first bill market auction conducted during the 19
calendar month immediately preceding the date of entry. In any case 20
where a court is directed on review to enter judgment on a verdict or 21
in any case where a judgment entered on a verdict is wholly or partly 22
affirmed on review, interest on the judgment or on that portion of 23
the judgment affirmed shall date back to and shall accrue from the 24
date the verdict was rendered. 25
(b) Except as provided in (a) of this subsection, judgments 26
founded on the tortious conduct of individuals or other entities, 27
whether acting in their personal or representative capacities, shall 28
bear interest from the date of entry at two percentage points above 29
the prime rate, as published by the board of governors of the federal 30
reserve system on the first business day of the calendar month 31
immediately preceding the date of entry. In any case where a court is 32
directed on review to enter judgment on a verdict or in any case 33
where a judgment entered on a verdict is wholly or partly affirmed on 34
review, interest on the judgment or on that portion of the judgment 35
affirmed shall date back to and shall accrue from the date the 36
verdict was rendered. 37
(4) Except as provided under subsection (1) of this section, 38
judgments for unpaid private student loan debt, as defined in RCW 39
p. 44 HB 2102
6.01.060, shall bear interest from the date of entry at two 1
percentage points above the prime rate, as published by the board of 2
governors of the federal reserve system on the first business day of 3
the calendar month immediately preceding the date of entry.4
(5) Except as provided under subsection (1) of this section, 5
judgments for unpaid consumer debt, as defined in RCW 6.01.060, shall 6
bear interest from the date of entry at a rate of nine percent.7
(6) Except as provided under subsections (1) through (5) of this 8
section, judgments shall bear interest from the date of entry at the 9
maximum rate permitted under RCW 19.52.020 on the date of entry 10
thereof. In any case where a court is directed on review to enter 11
judgment on a verdict or in any case where a judgment entered on a 12
verdict is wholly or partly affirmed on review, interest on the 13
judgment or on that portion of the judgment affirmed shall date back 14
to and shall accrue from the date the verdict was rendered. The 15
method for determining an interest rate prescribed by this subsection 16
is also the method for determining the "rate applicable to civil 17
judgments" for purposes of RCW ((10.82.090)) 10.01.090.18
Sec. 27. RCW 7.68.035 and 2023 c 449 s 1 are each amended to 19
read as follows: 20
(1) Except as provided in subsection (4) of this section, when 21
any adult person is found guilty in any superior court of having 22
committed a crime, except as provided in subsection (2) of this 23
section, there shall be imposed by the court upon such convicted 24
person a penalty assessment. The assessment shall be in addition to 25
any other penalty or fine imposed by law and shall be five hundred 26
dollars for each case or cause of action that includes one or more 27
convictions of a felony or gross misdemeanor and two hundred fifty 28
dollars for any case or cause of action that includes convictions of 29
only one or more misdemeanors. 30
(2) The assessment imposed by subsection (1) of this section 31
shall not apply to motor vehicle crimes defined in Title 46 RCW 32
except those defined in the following sections: RCW 46.61.520, 33
46.61.522, 46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 34
46.52.101, 46.20.410, 46.52.020, 46.10.495, 46.09.480, 46.61.5249, 35
46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 36
46.44.180, 46.10.490(2), and 46.09.470(2). 37
(3) Except as provided in subsection (4) of this section, when 38
any adult person accused of having committed a crime posts bail in 39
p. 45 HB 2102
superior court pursuant to the provisions of chapter 10.19 RCW and 1
such bail is forfeited, there shall be deducted from the proceeds of 2
such forfeited bail a penalty assessment, in addition to any other 3
penalty or fine imposed by law, equal to the assessment which would 4
be applicable under subsection (1) of this section if the person had 5
been convicted of the crime. 6
(4) The court shall not impose the penalty assessment under this 7
section if the court finds that the defendant, at the time of 8
sentencing, is indigent as defined in ((RCW 10.01.160(3))) section 14 9
of this act. 10
(5) Upon motion by a defendant, the court shall waive any crime 11
victim penalty assessment imposed prior to July 1, 2023, if:12
(a) The person was a juvenile at the time the penalty assessment 13
was imposed; or 14
(b) The person does not have the ability to pay the penalty 15
assessment. A person does not have the ability to pay if the person 16
is indigent as defined in ((RCW 10.01.160(3))) section 14 of this 17
act. 18
(6) Such penalty assessments shall be paid by the clerk of the 19
superior court to the county treasurer. Each county shall deposit one 20
hundred percent of the money it receives per case or cause of action 21
under subsection (1) of this section, not less than one and seventy-22
five one-hundredths percent of the remaining money it retains under 23
RCW 10.82.070 and the money it retains under chapter 3.62 RCW, and 24
all money it receives under subsection (9) of this section into a 25
fund maintained exclusively for the support of comprehensive programs 26
to encourage and facilitate testimony by the victims of crimes and 27
witnesses to crimes. A program shall be considered "comprehensive" 28
only after approval of the department upon application by the county 29
prosecuting attorney. The department shall approve as comprehensive 30
only programs which: 31
(a) Provide comprehensive services to victims and witnesses of 32
all types of crime with particular emphasis on serious crimes against 33
persons and property. It is the intent of the legislature to make 34
funds available only to programs which do not restrict services to 35
victims or witnesses of a particular type or types of crime and that 36
such funds supplement, not supplant, existing local funding levels;37
(b) Are administered by the county prosecuting attorney either 38
directly through the prosecuting attorney's office or by contract 39
p. 46 HB 2102
between the county and agencies providing services to victims of 1
crime; 2
(c) Make a reasonable effort to inform the known victim or his or 3
her surviving dependents of the existence of this chapter and the 4
procedure for making application for benefits; 5
(d) Assist victims in the restitution and adjudication process; 6
and 7
(e) Assist victims of violent crimes in the preparation and 8
presentation of their claims to the department of labor and 9
industries under this chapter. 10
Before a program in any county west of the Cascade mountains is 11
submitted to the department for approval, it shall be submitted for 12
review and comment to each city within the county with a population 13
of more than one hundred fifty thousand. The department will consider 14
if the county's proposed comprehensive plan meets the needs of crime 15
victims in cases adjudicated in municipal, district or superior 16
courts and of crime victims located within the city and county.17
(7) Upon submission to the department of a letter of intent to 18
adopt a comprehensive program, the prosecuting attorney shall retain 19
the money deposited by the county under subsection (6) of this 20
section until such time as the county prosecuting attorney has 21
obtained approval of a program from the department. Approval of the 22
comprehensive plan by the department must be obtained within one year 23
of the date of the letter of intent to adopt a comprehensive program. 24
The county prosecuting attorney shall not make any expenditures from 25
the money deposited under subsection (6) of this section until 26
approval of a comprehensive plan by the department. If a county 27
prosecuting attorney has failed to obtain approval of a program from 28
the department under subsection (6) of this section or failed to 29
obtain approval of a comprehensive program within one year after 30
submission of a letter of intent under this section, the county 31
treasurer shall monthly transmit one hundred percent of the money 32
deposited by the county under subsection (6) of this section to the 33
state treasurer for deposit in the state general fund.34
(8) County prosecuting attorneys are responsible to make every 35
reasonable effort to insure that the penalty assessments of this 36
chapter are imposed and collected. 37
(9) Every city and town shall transmit monthly one and seventy-38
five one-hundredths percent of all money, other than money received 39
for parking infractions, retained under RCW 3.50.100 and 35.20.220 to 40
p. 47 HB 2102
the county treasurer for deposit as provided in subsection (6) of 1
this section. 2
Sec. 28. RCW 9.92.070 and 2022 c 260 s 21 are each amended to 3
read as follows: 4
Hereafter whenever any judge of any superior court or a district 5
or municipal judge shall sentence any person to pay any fines, 6
penalties, assessments, fees, and costs, the judge may, in the 7
judge's discretion, provide that such fines, penalties, assessments, 8
fees, and costs may be paid in certain designated installments, or 9
within certain designated period or periods. If the court finds that 10
the defendant is indigent as defined in ((RCW 10.01.160(3))) section 11
14 of this act , the court shall allow for payment in certain 12
designated installments or within certain designated periods. If such 13
fines, penalties, assessments, fees, and costs shall be paid by the 14
defendant in accordance with such order no commitment or imprisonment 15
of the defendant shall be made for failure to pay such fine or costs. 16
PROVIDED, that the provisions of this section shall not apply to any 17
sentence given for the violation of any of the liquor laws of this 18
state. 19
Sec. 29. RCW 9.94A.6333 and 2023 c 449 s 8 are each amended to 20
read as follows: 21
(1) If an offender violates any condition or requirement of a 22
sentence, and the offender is not being supervised by the department, 23
the court may modify its order of judgment and sentence and impose 24
further punishment in accordance with this section.25
(2) If an offender fails to comply with any of the nonfinancial 26
conditions or requirements of a sentence the following provisions 27
apply: 28
(a) The court, upon the motion of the state, or upon its own 29
motion, shall require the offender to show cause why the offender 30
should not be punished for the noncompliance. The court may issue a 31
summons or a warrant of arrest for the offender's appearance;32
(b) The state has the burden of showing noncompliance by a 33
preponderance of the evidence; 34
(c) If the court finds that a violation has been proved, it may 35
impose the sanctions specified in RCW 9.94A.633(1). Alternatively, 36
the court may: 37
p. 48 HB 2102
(i) Convert a term of partial confinement to total confinement; 1
or 2
(ii) Convert community restitution obligation to total or partial 3
confinement; 4
(d) If the court finds that the violation was not willful, the 5
court may modify its previous order regarding community restitution 6
obligations; and 7
(e) If the violation involves a failure to undergo or comply with 8
a mental health status evaluation and/or outpatient mental health 9
treatment, the court shall seek a recommendation from the treatment 10
provider or proposed treatment provider. Enforcement of orders 11
concerning outpatient mental health treatment must reflect the 12
availability of treatment and must pursue the least restrictive means 13
of promoting participation in treatment. If the offender's failure to 14
receive care essential for health and safety presents a risk of 15
serious physical harm or probable harmful consequences, the civil 16
detention and commitment procedures of chapter 71.05 RCW shall be 17
considered in preference to incarceration in a local or state 18
correctional facility. 19
(3) If an offender fails to pay legal financial obligations as a 20
requirement of a sentence the following provisions apply:21
(a) The court, upon the motion of the state, or upon its own 22
motion, shall require the offender to show cause why the offender 23
should not be punished for the noncompliance. The court may issue a 24
summons or a warrant of arrest for the offender's appearance;25
(b) The state has the burden of showing noncompliance by a 26
preponderance of the evidence; 27
(c) The court may not sanction the offender for failure to pay 28
legal financial obligations unless the court finds, after a hearing 29
and on the record, that the failure to pay is willful. A failure to 30
pay is willful if the offender has the current ability to pay but 31
refuses to do so. In determining whether the offender has the current 32
ability to pay, the court shall inquire into and consider: (i) The 33
offender's income and assets; (ii) the offender's basic living costs 34
as defined by RCW 10.101.010 and other liabilities including child 35
support and other legal financial obligations; and (iii) the 36
offender's bona fide efforts to acquire additional resources. An 37
offender who is indigent as defined in ((RCW 10.01.160(3))) section 38
14 of this act is presumed to lack the current ability to pay;39
p. 49 HB 2102
(d) If the court determines that the offender is homeless or a 1
person who is mentally ill, as defined in RCW 71.24.025, failure to 2
pay a legal financial obligation is not willful noncompliance and 3
shall not subject the offender to penalties; 4
(e) If the court finds that a failure to pay is willful 5
noncompliance, it may impose the sanctions specified in RCW 6
9.94A.633(1); and 7
(f) If the court finds that the violation was not willful, the 8
court may, and if the court finds that the defendant is indigent as 9
defined in ((RCW 10.01.160(3))) section 14 of this act , the court 10
shall modify the terms of payment of the legal financial obligations, 11
reduce or waive nonrestitution legal financial obligations, or 12
convert nonrestitution legal financial obligations to community 13
restitution hours, if the jurisdiction operates a community 14
restitution program, at the rate of no less than the state minimum 15
wage established in RCW 49.46.020 for each hour of community 16
restitution. 17
(4) Any time served in confinement awaiting a hearing on 18
noncompliance shall be credited against any confinement ordered by 19
the court. 20
(5) Nothing in this section prohibits the filing of escape 21
charges if appropriate. 22
Sec. 30. RCW 9.94B.040 and 2023 c 449 s 10 are each amended to 23
read as follows: 24
(1) If an offender violates any condition or requirement of a 25
sentence, the court may modify its order of judgment and sentence and 26
impose further punishment in accordance with this section.27
(2) In cases where conditions from a second or later sentence of 28
community supervision begin prior to the term of the second or later 29
sentence, the court shall treat a violation of such conditions as a 30
violation of the sentence of community supervision currently being 31
served. 32
(3) If an offender fails to comply with any of the nonfinancial 33
requirements or conditions of a sentence the following provisions 34
apply: 35
(a)(i) Following the violation, if the offender and the 36
department make a stipulated agreement, the department may impose 37
sanctions such as work release, home detention with electronic 38
monitoring, work crew, community restitution, inpatient treatment, 39
p. 50 HB 2102
daily reporting, curfew, educational or counseling sessions, 1
supervision enhanced through electronic monitoring, jail time, or 2
other sanctions available in the community. 3
(ii) Within 72 hours of signing the stipulated agreement, the 4
department shall submit a report to the court and the prosecuting 5
attorney outlining the violation or violations, and sanctions 6
imposed. Within 15 days of receipt of the report, if the court is not 7
satisfied with the sanctions, the court may schedule a hearing and 8
may modify the department's sanctions. If this occurs, the offender 9
may withdraw from the stipulated agreement. 10
(iii) If the offender fails to comply with the sanction 11
administratively imposed by the department, the court may take action 12
regarding the original noncompliance. Offender failure to comply with 13
the sanction administratively imposed by the department may be 14
considered an additional violation; 15
(b) In the absence of a stipulated agreement, or where the court 16
is not satisfied with the department's sanctions as provided in (a) 17
of this subsection, the court, upon the motion of the state, or upon 18
its own motion, shall require the offender to show cause why the 19
offender should not be punished for the noncompliance. The court may 20
issue a summons or a warrant of arrest for the offender's appearance;21
(c) The state has the burden of showing noncompliance by a 22
preponderance of the evidence. If the court finds that the violation 23
has occurred, it may order the offender to be confined for a period 24
not to exceed 60 days for each violation, and may (i) convert a term 25
of partial confinement to total confinement, (ii) convert community 26
restitution obligation to total or partial confinement, or (iii) 27
order one or more of the penalties authorized in (a)(i) of this 28
subsection. Any time served in confinement awaiting a hearing on 29
noncompliance shall be credited against any confinement order by the 30
court; 31
(d) If the court finds that the violation was not willful, the 32
court may modify its previous order regarding community restitution 33
obligations; and 34
(e) If the violation involves a failure to undergo or comply with 35
mental status evaluation and/or outpatient mental health treatment, 36
the community corrections officer shall consult with the treatment 37
provider or proposed treatment provider. Enforcement of orders 38
concerning outpatient mental health treatment must reflect the 39
availability of treatment and must pursue the least restrictive means 40
p. 51 HB 2102
of promoting participation in treatment. If the offender's failure to 1
receive care essential for health and safety presents a risk of 2
serious physical harm or probable harmful consequences, the civil 3
detention and commitment procedures of chapter 71.05 RCW shall be 4
considered in preference to incarceration in a local or state 5
correctional facility. 6
(4) If the violation involves failure to pay legal financial 7
obligations, the following provisions apply: 8
(a) The department and the offender may enter into a stipulated 9
agreement that the failure to pay was willful noncompliance, 10
according to the provisions and requirements of subsection (3)(a) of 11
this section; 12
(b) In the absence of a stipulated agreement, or where the court 13
is not satisfied with the department's sanctions as provided in a 14
stipulated agreement under (a) of this subsection, the court, upon 15
the motion of the state, or upon its own motion, shall require the 16
offender to show cause why the offender should not be punished for 17
the noncompliance. The court may issue a summons or a warrant of 18
arrest for the offender's appearance; 19
(c) The state has the burden of showing noncompliance by a 20
preponderance of the evidence. The court may not sanction the 21
offender for failure to pay legal financial obligations unless the 22
court finds, after a hearing and on the record, that the failure to 23
pay is willful. A failure to pay is willful if the offender has the 24
current ability to pay but refuses to do so. In determining whether 25
the offender has the current ability to pay, the court shall inquire 26
into and consider: (i) The offender's income and assets; (ii) the 27
offender's basic living costs as defined by RCW 10.101.010 and other 28
liabilities including child support and other legal financial 29
obligations; and (iii) the offender's bona fide efforts to acquire 30
additional resources. An offender who is indigent as defined in ((RCW 31
10.01.160(3))) section 14 of this act is presumed to lack the current 32
ability to pay; 33
(d) If the court determines that the offender is homeless or a 34
person who is mentally ill, as defined in RCW 71.24.025, failure to 35
pay a legal financial obligation is not willful noncompliance and 36
shall not subject the offender to penalties; 37
(e) If the court finds that the failure to pay is willful 38
noncompliance, the court may order the offender to be confined for a 39
period not to exceed 60 days for each violation or order one or more 40
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of the penalties authorized in subsection (3)(a)(i) of this section; 1
and 2
(f) If the court finds that the violation was not willful, the 3
court may, and if the court finds that the defendant is indigent as 4
defined in ((RCW 10.01.160(3))) section 14 of this act , the court 5
shall modify the terms of payment of the legal financial obligations, 6
reduce or waive nonrestitution legal financial obligations, or 7
convert nonrestitution legal financial obligations to community 8
restitution hours, if the jurisdiction operates a community 9
restitution program, at the rate of no less than the state minimum 10
wage established in RCW 49.46.020 for each hour of community 11
restitution. 12
(5) The community corrections officer may obtain information from 13
the offender's mental health treatment provider on the offender's 14
status with respect to evaluation, application for services, 15
registration for services, and compliance with the supervision plan, 16
without the offender's consent, as described under RCW 71.05.630.17
(6) An offender under community placement or community 18
supervision who is civilly detained under chapter 71.05 RCW, and 19
subsequently discharged or conditionally released to the community, 20
shall be under the supervision of the department of corrections for 21
the duration of his or her period of community placement or community 22
supervision. During any period of inpatient mental health treatment 23
that falls within the period of community placement or community 24
supervision, the inpatient treatment provider and the supervising 25
community corrections officer shall notify each other about the 26
offender's discharge, release, and legal status, and shall share 27
other relevant information. 28
(7) Nothing in this section prohibits the filing of escape 29
charges if appropriate. 30
Sec. 31. RCW 10.01.090 and 2019 c 211 s 4 are each amended to 31
read as follows: 32
(1) An entity convicted of an offense may be ordered to pay legal 33
financial obligations, including restitution, crime victims' 34
assessments, costs, fines, penalties, and other assessments 35
authorized or required by law. Legal financial obligations imposed 36
upon an entity shall be entered and docketed by the clerk, or 37
district or municipal court as a judgment against the entity, and it 38
shall be of the same force and effect and be enforced against such 39
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entity in the same manner as a judgment in a civil action. 1
Notwithstanding any other provisions pertaining to legal financial 2
obligations, all legal financial obligations imposed in a judgment 3
against an entity under this section bear interest from the date of 4
the judgment until payment at the rate applicable to civil judgments 5
under RCW 4.56.110. When an entity is ordered to pay restitution, 6
payments to the clerk must be distributed to restitution prior to all 7
other obligations. 8
(2) Except as otherwise provided under subsection (1) of this 9
section, payments on legal financial obligations must be collected 10
and distributed according to the requirements under RCW 3.50.100, 11
3.62.020, 3.62.040, 9.92.070, 9.94A.760, ((10.01.160,)) 10.01.170, 12
10.01.180, ((10.46.190, 10.64.015, 10.73.160, 10.82.090,)) 35.20.220, 13
and any other sections applicable to legal financial obligations 14
imposed as a result of a criminal conviction. 15
(3) For the purposes of this section, "entity" has the same 16
meaning as provided in RCW 9A.08.030. 17
Sec. 32. RCW 10.01.180 and 2023 c 449 s 12 are each amended to 18
read as follows: 19
(1) A defendant sentenced to pay any fine, penalty, assessment, 20
fee, or costs who willfully defaults in the payment thereof or of any 21
installment is in contempt of court as provided in chapter 7.21 RCW. 22
The court may issue a warrant of arrest for his or her appearance.23
(2) When any fine, penalty, assessment, fee, or assessment of 24
costs is imposed on a corporation or unincorporated association, it 25
is the duty of the person authorized to make disbursement from the 26
assets of the corporation or association to pay the obligation from 27
those assets, and his or her failure to do so may be held to be 28
contempt. 29
(3)(a) The court shall not sanction a defendant for contempt 30
based on failure to pay fines, penalties, assessments, fees, or costs 31
unless the court finds, after a hearing and on the record, that the 32
failure to pay is willful. A failure to pay is willful if the 33
defendant has the current ability to pay but refuses to do so.34
(b) In determining whether the defendant has the current ability 35
to pay, the court shall inquire into and consider: (i) The 36
defendant's income and assets; (ii) the defendant's basic living 37
costs as defined by RCW 10.101.010 and other liabilities including 38
child support and other legal financial obligations; and (iii) the 39
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defendant's bona fide efforts to acquire additional resources. A 1
defendant who is indigent as defined in ((RCW 10.01.160(3))) section 2
14 of this act is presumed to lack the current ability to pay.3
(c) If the court determines that the defendant is homeless or a 4
person who is mentally ill, as defined in RCW 71.24.025, failure to 5
pay a legal financial obligation is not willful contempt and shall 6
not subject the defendant to penalties. 7
(4) If a term of imprisonment for contempt for nonpayment of any 8
fine, penalty, assessment, fee, or costs is ordered, the term of 9
imprisonment shall be set forth in the commitment order, and shall 10
not exceed one day for each $25 of the amount ordered, 30 days if the 11
amount ordered of costs was imposed upon conviction of a violation or 12
misdemeanor, or one year in any other case, whichever is the shorter 13
period. A person committed for nonpayment of any fine, penalty, 14
assessment, fee, or costs shall be given credit toward payment for 15
each day of imprisonment at the rate specified in the commitment 16
order. 17
(5) If it appears to the satisfaction of the court that the 18
default in the payment of any fine, penalty, assessment, fee, or 19
costs is not willful contempt, the court may, and if the defendant is 20
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act , 21
the court shall enter an order: (a) Allowing the defendant additional 22
time for payment; (b) reducing the amount thereof or of each 23
installment; (c) revoking the fine, penalty, assessment, fee, or 24
costs or the unpaid portion thereof in whole or in part; or (d) 25
converting the unpaid fine, penalty, assessment, fee, or costs to 26
community restitution hours, if the jurisdiction operates a community 27
restitution program, at the rate of no less than the state minimum 28
wage established in RCW 49.46.020 for each hour of community 29
restitution. 30
(6) A default in the payment of any fine, penalty, assessment, 31
fee, or costs or any installment thereof may be collected by any 32
means authorized by law for the enforcement of a judgment. The levy 33
of execution for the collection of any fine, penalty, assessment, 34
fee, or costs shall not discharge a defendant committed to 35
imprisonment for contempt until the amount has actually been 36
collected. 37
Sec. 33. RCW 43.79.505 and 2022 c 297 s 956 are each amended to 38
read as follows: 39
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The judicial stabilization trust account is created within the 1
state treasury, subject to appropriation. All receipts from the 2
surcharges authorized by RCW 3.62.060(2), 12.40.020, 36.18.018(4), 3
and 36.18.020(((5))) (6) shall be deposited in this account. Moneys 4
in the account may be spent only after appropriation.5
Expenditures from the account may be used only for the support of 6
judicial branch agencies and, for the 2021-2023 fiscal biennium, for 7
expenditures to address state and local costs related to the State v. 8
Blake decision. 9
NEW SECTION. Sec. 34. The following acts or parts of acts are 10
each repealed:11
(1) RCW 3.62.085 (Fee for conviction or plea of guilty) and 2022 12
c 260 s 16, 2018 c 269 s 16, & 2005 c 457 s 10; 13
(2) RCW 10.46.190 (Liability of convicted person for costs — Jury 14
fee) and 2022 c 260 s 20, 2018 c 269 s 9, 2005 c 457 s 12, 1977 ex.s. 15
c 248 s 1, 1977 ex.s. c 53 s 1, 1961 c 304 s 8, Code 1881 s 2105, & 16
1869 p 418 s 3; 17
(3) RCW 10.73.160 (Court fees and costs) and 2022 c 260 s 10, 18
2018 c 269 s 12, 2015 c 265 s 22, & 1995 c 275 s 3;19
(4) RCW 10.82.090 (Interest on judgments — Disposition of 20
nonrestitution interest) and 2023 c 449 s 13, 2022 c 260 s 12, 2018 c 21
269 s 1, 2015 c 265 s 23, 2011 c 106 s 2, 2009 c 479 s 14, 2004 c 121 22
s 1, 1995 c 291 s 7, & 1989 c 276 s 3; and 23
(5) RCW 70.48.390 (Fee payable by person being booked) and 2003 c 24
99 s 1 & 1999 c 325 s 3. 25
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