Crime victim penalty assess.

AN ACT Relating to the crime victim penalty assessment; amending 1
RCW 7.68.035, 9.92.060, 9.94A.6333, 9.94B.040, 9.95.210, and 2
10.01.180; and prescribing penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 7.68.035 and 2023 c 449 s 1 are each amended to read 5
as follows: 6
(1) Except as provided in subsection (4) of this section, when 7
any adult person is found guilty in any superior court of having 8
committed a crime, except as provided in subsection (2) of this 9
section, there shall be imposed by the court upon such convicted 10
person a penalty assessment. The assessment shall be in addition to 11
any other penalty or fine imposed by law and shall be five hundred 12
dollars for each case or cause of action that includes one or more 13
convictions of a felony or gross misdemeanor and two hundred fifty 14
dollars for any case or cause of action that includes convictions of 15
only one or more misdemeanors. 16
(2) The assessment imposed by subsection (1) of this section 17
shall not apply to motor vehicle crimes defined in Title 46 RCW 18
except those defined in the following sections: RCW 46.61.520, 19
46.61.522, 46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 20
46.52.101, 46.20.410, 46.52.020, 46.10.495, 46.09.480, 46.61.5249, 21
H-2852.1
HOUSE BILL 2430
State of Washington 69th Legislature 2026 Regular Session
By Representatives Abbarno, Walsh, Ley, and Connors
Read first time 01/13/26. Referred to Committee on Community Safety.
p. 1 HB 2430
46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 1
46.44.180, 46.10.490(2), and 46.09.470(2). 2
(3) Except as provided in subsection (4) of this section, when 3
any adult person accused of having committed a crime posts bail in 4
superior court pursuant to the provisions of chapter 10.19 RCW and 5
such bail is forfeited, there shall be deducted from the proceeds of 6
such forfeited bail a penalty assessment, in addition to any other 7
penalty or fine imposed by law, equal to the assessment which would 8
be applicable under subsection (1) of this section if the person had 9
been convicted of the crime. 10
(4)(a) The court shall not impose the penalty assessment under 11
this section if the court finds that the defendant, at the time of 12
sentencing, is indigent as defined in RCW 10.01.160(3).13
(b) The exception in (a) of this subsection does not apply if the 14
defendant is convicted of a domestic violence offense, sex offense 15
against a child, or crime against persons under RCW 9.94A.411.16
(c) For the purposes of this section:17
(i) "Domestic violence" has the same meaning as provided in RCW 18
10.99.020; and19
(ii) "Sex offense against a child" means any of the following 20
offenses involving a child victim: (A) Any sex offense as defined in 21
RCW 9.94A.030; (B) any offense with a finding of sexual motivation; 22
(C) any offense in violation of chapter 9A.44 RCW other than RCW 23
9A.44.132; or (D) any offense involving the sexual abuse of a minor, 24
including any offense under chapter 9.68A RCW.25
(5) Upon motion by a defendant, the court shall waive any crime 26
victim penalty assessment imposed prior to July 1, 2023, if:27
(a) The person was a juvenile at the time the penalty assessment 28
was imposed; or 29
(b) The person does not have the ability to pay the penalty 30
assessment and the penalty assessment was imposed for a conviction of 31
a crime other than a domestic violence offense, a sex offense against 32
a child, or a crime against persons under RCW 9.94A.411. A person 33
does not have the ability to pay if the person is indigent as defined 34
in RCW 10.01.160(3). 35
(6) Such penalty assessments shall be paid by the clerk of the 36
superior court to the county treasurer. Each county shall deposit one 37
hundred percent of the money it receives per case or cause of action 38
under subsection (1) of this section, not less than one and seventy-39
five one-hundredths percent of the remaining money it retains under 40
p. 2 HB 2430
RCW 10.82.070 and the money it retains under chapter 3.62 RCW, and 1
all money it receives under subsection (9) of this section into a 2
fund maintained exclusively for the support of comprehensive programs 3
to encourage and facilitate testimony by the victims of crimes and 4
witnesses to crimes. A program shall be considered "comprehensive" 5
only after approval of the department upon application by the county 6
prosecuting attorney. The department shall approve as comprehensive 7
only programs which: 8
(a) Provide comprehensive services to victims and witnesses of 9
all types of crime with particular emphasis on serious crimes against 10
persons and property. It is the intent of the legislature to make 11
funds available only to programs which do not restrict services to 12
victims or witnesses of a particular type or types of crime and that 13
such funds supplement, not supplant, existing local funding levels;14
(b) Are administered by the county prosecuting attorney either 15
directly through the prosecuting attorney's office or by contract 16
between the county and agencies providing services to victims of 17
crime; 18
(c) Make a reasonable effort to inform the known victim or his or 19
her surviving dependents of the existence of this chapter and the 20
procedure for making application for benefits; 21
(d) Assist victims in the restitution and adjudication process; 22
and 23
(e) Assist victims of violent crimes in the preparation and 24
presentation of their claims to the department of labor and 25
industries under this chapter. 26
Before a program in any county west of the Cascade mountains is 27
submitted to the department for approval, it shall be submitted for 28
review and comment to each city within the county with a population 29
of more than one hundred fifty thousand. The department will consider 30
if the county's proposed comprehensive plan meets the needs of crime 31
victims in cases adjudicated in municipal, district or superior 32
courts and of crime victims located within the city and county.33
(7) Upon submission to the department of a letter of intent to 34
adopt a comprehensive program, the prosecuting attorney shall retain 35
the money deposited by the county under subsection (6) of this 36
section until such time as the county prosecuting attorney has 37
obtained approval of a program from the department. Approval of the 38
comprehensive plan by the department must be obtained within one year 39
of the date of the letter of intent to adopt a comprehensive program. 40
p. 3 HB 2430
The county prosecuting attorney shall not make any expenditures from 1
the money deposited under subsection (6) of this section until 2
approval of a comprehensive plan by the department. If a county 3
prosecuting attorney has failed to obtain approval of a program from 4
the department under subsection (6) of this section or failed to 5
obtain approval of a comprehensive program within one year after 6
submission of a letter of intent under this section, the county 7
treasurer shall monthly transmit one hundred percent of the money 8
deposited by the county under subsection (6) of this section to the 9
state treasurer for deposit in the state general fund.10
(8) County prosecuting attorneys are responsible to make every 11
reasonable effort to insure that the penalty assessments of this 12
chapter are imposed and collected. 13
(9) Every city and town shall transmit monthly one and seventy-14
five one-hundredths percent of all money, other than money received 15
for parking infractions, retained under RCW 3.50.100 and 35.20.220 to 16
the county treasurer for deposit as provided in subsection (6) of 17
this section. 18
Sec. 2. RCW 9.92.060 and 2023 c 449 s 7 are each amended to read 19
as follows: 20
(1) Whenever any person is convicted of any crime except murder, 21
burglary in the first degree, arson in the first degree, robbery, 22
rape of a child, or rape, the superior court may, in its discretion, 23
at the time of imposing sentence upon such person, direct that such 24
sentence be stayed and suspended until otherwise ordered by the 25
superior court, and, upon such terms as the superior court may 26
determine, that the sentenced person be placed under the charge of:27
(a) A community corrections officer employed by the department of 28
corrections, if the person is subject to supervision under RCW 29
9.94A.501 or 9.94A.5011; or 30
(b) A probation officer employed or contracted for by the county, 31
if the county has elected to assume responsibility for the 32
supervision of superior court misdemeanant probationers.33
(2) As a condition to suspension of sentence, the superior court 34
shall require the payment of any penalty assessment imposed and not 35
waived under RCW 7.68.035 and may require the convicted person to 36
make such monetary payments, on such terms as the superior court 37
deems appropriate under the circumstances, as are necessary: (a) To 38
comply with any order of the court for the payment of family support; 39
p. 4 HB 2430
(b) to make restitution to any person or persons who may have 1
suffered loss or damage by reason of the commission of the crime in 2
question or when the offender pleads guilty to a lesser offense or 3
fewer offenses and agrees with the prosecutor's recommendation that 4
the offender be required to pay restitution to a victim of an offense 5
or offenses which are not prosecuted pursuant to a plea agreement; 6
(c) to pay any fine imposed and not suspended and the court or other 7
costs incurred in the prosecution of the case, including 8
reimbursement of the state for costs of extradition if return to this 9
state by extradition was required; and (d) to contribute to a county 10
or interlocal drug fund. 11
(3) At any time, including at sentencing, the court may determine 12
that the offender is not required to pay, or may relieve the offender 13
of the requirement to pay, full or partial restitution and accrued 14
interest on restitution where the entity to whom restitution is owed 15
is an insurer or a state agency, except for restitution owed to the 16
department of labor and industries under chapter 7.68 RCW, if the 17
court finds that the offender does not have the current or likely 18
future ability to pay. A person does not have the current ability to 19
pay if the person is indigent as defined in RCW 10.01.160(3). For the 20
purposes of this subsection, the terms "insurer" and "state agency" 21
have the same meanings as provided in RCW 9.94A.750(3).22
(4) As a condition of the suspended sentence, the superior court 23
may order the probationer to report to the secretary of corrections 24
or such officer as the secretary may designate and as a condition of 25
the probation to follow the instructions of the secretary. If the 26
county legislative authority has elected to assume responsibility for 27
the supervision of superior court misdemeanant probationers within 28
its jurisdiction, the superior court misdemeanant probationer shall 29
report to a probation officer employed or contracted for by the 30
county. In cases where a superior court misdemeanant probationer is 31
sentenced in one county, but resides within another county, there 32
must be provisions for the probationer to report to the agency having 33
supervision responsibility for the probationer's county of residence.34
(5) If restitution to the victim has been ordered under 35
subsection (2)(b) of this section and the superior court has ordered 36
supervision, the officer supervising the probationer shall make a 37
reasonable effort to ascertain whether restitution has been made as 38
ordered. If the superior court has ordered supervision and 39
restitution has not been made, the officer shall inform the 40
p. 5 HB 2430
prosecutor of that violation of the terms of the suspended sentence 1
not less than three months prior to the termination of the suspended 2
sentence. 3
Sec. 3. RCW 9.94A.6333 and 2023 c 449 s 8 are each amended to 4
read as follows: 5
(1) If an offender violates any condition or requirement of a 6
sentence, and the offender is not being supervised by the department, 7
the court may modify its order of judgment and sentence and impose 8
further punishment in accordance with this section.9
(2) If an offender fails to comply with any of the nonfinancial 10
conditions or requirements of a sentence the following provisions 11
apply: 12
(a) The court, upon the motion of the state, or upon its own 13
motion, shall require the offender to show cause why the offender 14
should not be punished for the noncompliance. The court may issue a 15
summons or a warrant of arrest for the offender's appearance;16
(b) The state has the burden of showing noncompliance by a 17
preponderance of the evidence; 18
(c) If the court finds that a violation has been proved, it may 19
impose the sanctions specified in RCW 9.94A.633(1). Alternatively, 20
the court may: 21
(i) Convert a term of partial confinement to total confinement; 22
or 23
(ii) Convert community restitution obligation to total or partial 24
confinement; 25
(d) If the court finds that the violation was not willful, the 26
court may modify its previous order regarding community restitution 27
obligations; and 28
(e) If the violation involves a failure to undergo or comply with 29
a mental health status evaluation and/or outpatient mental health 30
treatment, the court shall seek a recommendation from the treatment 31
provider or proposed treatment provider. Enforcement of orders 32
concerning outpatient mental health treatment must reflect the 33
availability of treatment and must pursue the least restrictive means 34
of promoting participation in treatment. If the offender's failure to 35
receive care essential for health and safety presents a risk of 36
serious physical harm or probable harmful consequences, the civil 37
detention and commitment procedures of chapter 71.05 RCW shall be 38
p. 6 HB 2430
considered in preference to incarceration in a local or state 1
correctional facility. 2
(3) If an offender fails to pay legal financial obligations as a 3
requirement of a sentence the following provisions apply:4
(a) The court, upon the motion of the state, or upon its own 5
motion, shall require the offender to show cause why the offender 6
should not be punished for the noncompliance. The court may issue a 7
summons or a warrant of arrest for the offender's appearance;8
(b) The state has the burden of showing noncompliance by a 9
preponderance of the evidence; 10
(c) The court may not sanction the offender for failure to pay 11
legal financial obligations unless the court finds, after a hearing 12
and on the record, that the failure to pay is willful. A failure to 13
pay is willful if the offender has the current ability to pay but 14
refuses to do so. In determining whether the offender has the current 15
ability to pay, the court shall inquire into and consider: (i) The 16
offender's income and assets; (ii) the offender's basic living costs 17
as defined by RCW 10.101.010 and other liabilities including child 18
support and other legal financial obligations; and (iii) the 19
offender's bona fide efforts to acquire additional resources. An 20
offender who is indigent as defined in RCW 10.01.160(3) is presumed 21
to lack the current ability to pay; 22
(d) If the court determines that the offender is homeless or a 23
person who is mentally ill, as defined in RCW 71.24.025, failure to 24
pay a legal financial obligation is not willful noncompliance and 25
shall not subject the offender to penalties; 26
(e) If the court finds that a failure to pay is willful 27
noncompliance, it may impose the sanctions specified in RCW 28
9.94A.633(1); and 29
(f) If the court finds that the violation was not willful, the 30
court may, and if the court finds that the defendant is indigent as 31
defined in RCW 10.01.160(3), the court shall modify the terms of 32
payment of the legal financial obligations, reduce or waive 33
nonrestitution legal financial obligations, or convert nonrestitution 34
legal financial obligations to community restitution hours, if the 35
jurisdiction operates a community restitution program, at the rate of 36
no less than the state minimum wage established in RCW 49.46.020 for 37
each hour of community restitution. A crime victim penalty assessment 38
imposed under RCW 7.68.035 may not be reduced, waived, or converted 39
p. 7 HB 2430
to community restitution hours except as authorized under RCW 1
7.68.035. 2
(4) Any time served in confinement awaiting a hearing on 3
noncompliance shall be credited against any confinement ordered by 4
the court. 5
(5) Nothing in this section prohibits the filing of escape 6
charges if appropriate. 7
Sec. 4. RCW 9.94B.040 and 2023 c 449 s 10 are each amended to 8
read as follows: 9
(1) If an offender violates any condition or requirement of a 10
sentence, the court may modify its order of judgment and sentence and 11
impose further punishment in accordance with this section.12
(2) In cases where conditions from a second or later sentence of 13
community supervision begin prior to the term of the second or later 14
sentence, the court shall treat a violation of such conditions as a 15
violation of the sentence of community supervision currently being 16
served. 17
(3) If an offender fails to comply with any of the nonfinancial 18
requirements or conditions of a sentence the following provisions 19
apply: 20
(a)(i) Following the violation, if the offender and the 21
department make a stipulated agreement, the department may impose 22
sanctions such as work release, home detention with electronic 23
monitoring, work crew, community restitution, inpatient treatment, 24
daily reporting, curfew, educational or counseling sessions, 25
supervision enhanced through electronic monitoring, jail time, or 26
other sanctions available in the community. 27
(ii) Within 72 hours of signing the stipulated agreement, the 28
department shall submit a report to the court and the prosecuting 29
attorney outlining the violation or violations, and sanctions 30
imposed. Within 15 days of receipt of the report, if the court is not 31
satisfied with the sanctions, the court may schedule a hearing and 32
may modify the department's sanctions. If this occurs, the offender 33
may withdraw from the stipulated agreement. 34
(iii) If the offender fails to comply with the sanction 35
administratively imposed by the department, the court may take action 36
regarding the original noncompliance. Offender failure to comply with 37
the sanction administratively imposed by the department may be 38
considered an additional violation; 39
p. 8 HB 2430
(b) In the absence of a stipulated agreement, or where the court 1
is not satisfied with the department's sanctions as provided in (a) 2
of this subsection, the court, upon the motion of the state, or upon 3
its own motion, shall require the offender to show cause why the 4
offender should not be punished for the noncompliance. The court may 5
issue a summons or a warrant of arrest for the offender's appearance;6
(c) The state has the burden of showing noncompliance by a 7
preponderance of the evidence. If the court finds that the violation 8
has occurred, it may order the offender to be confined for a period 9
not to exceed 60 days for each violation, and may (i) convert a term 10
of partial confinement to total confinement, (ii) convert community 11
restitution obligation to total or partial confinement, or (iii) 12
order one or more of the penalties authorized in (a)(i) of this 13
subsection. Any time served in confinement awaiting a hearing on 14
noncompliance shall be credited against any confinement order by the 15
court; 16
(d) If the court finds that the violation was not willful, the 17
court may modify its previous order regarding community restitution 18
obligations; and 19
(e) If the violation involves a failure to undergo or comply with 20
mental status evaluation and/or outpatient mental health treatment, 21
the community corrections officer shall consult with the treatment 22
provider or proposed treatment provider. Enforcement of orders 23
concerning outpatient mental health treatment must reflect the 24
availability of treatment and must pursue the least restrictive means 25
of promoting participation in treatment. If the offender's failure to 26
receive care essential for health and safety presents a risk of 27
serious physical harm or probable harmful consequences, the civil 28
detention and commitment procedures of chapter 71.05 RCW shall be 29
considered in preference to incarceration in a local or state 30
correctional facility. 31
(4) If the violation involves failure to pay legal financial 32
obligations, the following provisions apply: 33
(a) The department and the offender may enter into a stipulated 34
agreement that the failure to pay was willful noncompliance, 35
according to the provisions and requirements of subsection (3)(a) of 36
this section; 37
(b) In the absence of a stipulated agreement, or where the court 38
is not satisfied with the department's sanctions as provided in a 39
stipulated agreement under (a) of this subsection, the court, upon 40
p. 9 HB 2430
the motion of the state, or upon its own motion, shall require the 1
offender to show cause why the offender should not be punished for 2
the noncompliance. The court may issue a summons or a warrant of 3
arrest for the offender's appearance; 4
(c) The state has the burden of showing noncompliance by a 5
preponderance of the evidence. The court may not sanction the 6
offender for failure to pay legal financial obligations unless the 7
court finds, after a hearing and on the record, that the failure to 8
pay is willful. A failure to pay is willful if the offender has the 9
current ability to pay but refuses to do so. In determining whether 10
the offender has the current ability to pay, the court shall inquire 11
into and consider: (i) The offender's income and assets; (ii) the 12
offender's basic living costs as defined by RCW 10.101.010 and other 13
liabilities including child support and other legal financial 14
obligations; and (iii) the offender's bona fide efforts to acquire 15
additional resources. An offender who is indigent as defined in RCW 16
10.01.160(3) is presumed to lack the current ability to pay;17
(d) If the court determines that the offender is homeless or a 18
person who is mentally ill, as defined in RCW 71.24.025, failure to 19
pay a legal financial obligation is not willful noncompliance and 20
shall not subject the offender to penalties; 21
(e) If the court finds that the failure to pay is willful 22
noncompliance, the court may order the offender to be confined for a 23
period not to exceed 60 days for each violation or order one or more 24
of the penalties authorized in subsection (3)(a)(i) of this section; 25
and 26
(f) If the court finds that the violation was not willful, the 27
court may, and if the court finds that the defendant is indigent as 28
defined in RCW 10.01.160(3), the court shall modify the terms of 29
payment of the legal financial obligations, reduce or waive 30
nonrestitution legal financial obligations, or convert nonrestitution 31
legal financial obligations to community restitution hours, if the 32
jurisdiction operates a community restitution program, at the rate of 33
no less than the state minimum wage established in RCW 49.46.020 for 34
each hour of community restitution. A crime victim penalty assessment 35
imposed under RCW 7.68.035 may not be reduced, waived, or converted 36
to community restitution hours except as authorized under RCW 37
7.68.035.38
(5) The community corrections officer may obtain information from 39
the offender's mental health treatment provider on the offender's 40
p. 10 HB 2430
status with respect to evaluation, application for services, 1
registration for services, and compliance with the supervision plan, 2
without the offender's consent, as described under RCW 71.05.630.3
(6) An offender under community placement or community 4
supervision who is civilly detained under chapter 71.05 RCW, and 5
subsequently discharged or conditionally released to the community, 6
shall be under the supervision of the department of corrections for 7
the duration of his or her period of community placement or community 8
supervision. During any period of inpatient mental health treatment 9
that falls within the period of community placement or community 10
supervision, the inpatient treatment provider and the supervising 11
community corrections officer shall notify each other about the 12
offender's discharge, release, and legal status, and shall share 13
other relevant information. 14
(7) Nothing in this section prohibits the filing of escape 15
charges if appropriate. 16
Sec. 5. RCW 9.95.210 and 2023 c 449 s 11 are each amended to 17
read as follows: 18
(1)(a) Except as provided in (b) of this subsection in granting 19
probation, the superior court may suspend the imposition or the 20
execution of the sentence and may direct that the suspension may 21
continue upon such conditions and for such time as it shall 22
designate, not exceeding the maximum term of sentence or two years, 23
whichever is longer. 24
(b) For a defendant sentenced for a domestic violence offense, or 25
under RCW 46.61.5055, the superior court may suspend the imposition 26
or the execution of the sentence and may direct that the suspension 27
continue upon such conditions and for such time as the court shall 28
designate, not to exceed five years. The court shall have continuing 29
jurisdiction and authority to suspend the execution of all or any 30
part of the sentence upon stated terms, including installment payment 31
of fines. A defendant who has been sentenced, and who then fails to 32
appear for any hearing to address the defendant's compliance with the 33
terms of probation when ordered to do so by the court shall have the 34
term of probation tolled until such time as the defendant makes his 35
or her presence known to the court on the record. Any time before 36
entering an order terminating probation, the court may modify or 37
revoke its order suspending the imposition or execution of the 38
p. 11 HB 2430
sentence if the defendant violates or fails to carry out any of the 1
conditions of the suspended sentence. 2
(2) In the order granting probation and as a condition thereof, 3
the superior court may in its discretion imprison the defendant in 4
the county jail for a period not exceeding one year and may fine the 5
defendant any sum not exceeding the statutory limit for the offense 6
committed, and court costs. As a condition of probation, the superior 7
court shall require the payment of any penalty assessment imposed and 8
not waived under RCW 7.68.035 and may require the defendant to make 9
such monetary payments, on such terms as it deems appropriate under 10
the circumstances, as are necessary: (a) To comply with any order of 11
the court for the payment of family support; (b) to make restitution 12
to any person or persons who may have suffered loss or damage by 13
reason of the commission of the crime in question or when the 14
offender pleads guilty to a lesser offense or fewer offenses and 15
agrees with the prosecutor's recommendation that the offender be 16
required to pay restitution to a victim of an offense or offenses 17
which are not prosecuted pursuant to a plea agreement; (c) to pay 18
such fine as may be imposed and court costs, including reimbursement 19
of the state for costs of extradition if return to this state by 20
extradition was required; (d) following consideration of the 21
financial condition of the person subject to possible electronic 22
monitoring, to pay for the costs of electronic monitoring if that 23
monitoring was required by the court as a condition of release from 24
custody or as a condition of probation; (e) to contribute to a county 25
or interlocal drug fund; and (f) to make restitution to a public 26
agency for the costs of an emergency response under RCW 38.52.430, 27
and may require bonds for the faithful observance of any and all 28
conditions imposed in the probation. 29
(3) The superior court shall order restitution in all cases where 30
the victim is entitled to benefits under the crime victims' 31
compensation act, chapter 7.68 RCW. If the superior court does not 32
order restitution and the victim of the crime has been determined to 33
be entitled to benefits under the crime victims' compensation act, 34
the department of labor and industries, as administrator of the crime 35
victims' compensation program, may petition the superior court within 36
one year of imposition of the sentence for entry of a restitution 37
order. Upon receipt of a petition from the department of labor and 38
industries, the superior court shall hold a restitution hearing and 39
shall enter a restitution order. 40
p. 12 HB 2430
(4) At any time, including at sentencing, the court may determine 1
that the offender is not required to pay, or may relieve the offender 2
of the requirement to pay, full or partial restitution and accrued 3
interest on restitution where the entity to whom restitution is owed 4
is an insurer or a state agency, except for restitution owed to the 5
department of labor and industries under chapter 7.68 RCW, if the 6
court finds that the offender does not have the current or likely 7
future ability to pay. A person does not have the current ability to 8
pay if the person is indigent as defined in RCW 10.01.160(3). For the 9
purposes of this subsection, the terms "insurer" and "state agency" 10
have the same meanings as provided in RCW 9.94A.750(3).11
(5) In granting probation, the superior court may order the 12
probationer to report to the secretary of corrections or such officer 13
as the secretary may designate and as a condition of the probation to 14
follow the instructions of the secretary for up to twelve months. If 15
the county legislative authority has elected to assume responsibility 16
for the supervision of superior court misdemeanant probationers 17
within its jurisdiction, the superior court misdemeanant probationer 18
shall report to a probation officer employed or contracted for by the 19
county. In cases where a superior court misdemeanant probationer is 20
sentenced in one county, but resides within another county, there 21
must be provisions for the probationer to report to the agency having 22
supervision responsibility for the probationer's county of residence.23
(6) If the probationer has been ordered to make restitution and 24
the superior court has ordered supervision, the officer supervising 25
the probationer shall make a reasonable effort to ascertain whether 26
restitution has been made. If the superior court has ordered 27
supervision and restitution has not been made as ordered, the officer 28
shall inform the prosecutor of that violation of the terms of 29
probation not less than three months prior to the termination of the 30
probation period. The secretary of corrections will promulgate rules 31
and regulations for the conduct of the person during the term of 32
probation. For defendants found guilty in district court, like 33
functions as the secretary performs in regard to probation may be 34
performed by probation officers employed for that purpose by the 35
county legislative authority of the county wherein the court is 36
located. 37
(7) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to 38
sentences imposed under this section. 39
p. 13 HB 2430
(8) For purposes of this section, "domestic violence" means the 1
same as in RCW 10.99.020. 2
Sec. 6. RCW 10.01.180 and 2023 c 449 s 12 are each amended to 3
read as follows: 4
(1) A defendant sentenced to pay any fine, penalty, assessment, 5
fee, or costs who willfully defaults in the payment thereof or of any 6
installment is in contempt of court as provided in chapter 7.21 RCW. 7
The court may issue a warrant of arrest for his or her appearance.8
(2) When any fine, penalty, assessment, fee, or assessment of 9
costs is imposed on a corporation or unincorporated association, it 10
is the duty of the person authorized to make disbursement from the 11
assets of the corporation or association to pay the obligation from 12
those assets, and his or her failure to do so may be held to be 13
contempt. 14
(3)(a) The court shall not sanction a defendant for contempt 15
based on failure to pay fines, penalties, assessments, fees, or costs 16
unless the court finds, after a hearing and on the record, that the 17
failure to pay is willful. A failure to pay is willful if the 18
defendant has the current ability to pay but refuses to do so.19
(b) In determining whether the defendant has the current ability 20
to pay, the court shall inquire into and consider: (i) The 21
defendant's income and assets; (ii) the defendant's basic living 22
costs as defined by RCW 10.101.010 and other liabilities including 23
child support and other legal financial obligations; and (iii) the 24
defendant's bona fide efforts to acquire additional resources. A 25
defendant who is indigent as defined in RCW 10.01.160(3) is presumed 26
to lack the current ability to pay. 27
(c) If the court determines that the defendant is homeless or a 28
person who is mentally ill, as defined in RCW 71.24.025, failure to 29
pay a legal financial obligation is not willful contempt and shall 30
not subject the defendant to penalties. 31
(4) If a term of imprisonment for contempt for nonpayment of any 32
fine, penalty, assessment, fee, or costs is ordered, the term of 33
imprisonment shall be set forth in the commitment order, and shall 34
not exceed one day for each $25 of the amount ordered, 30 days if the 35
amount ordered of costs was imposed upon conviction of a violation or 36
misdemeanor, or one year in any other case, whichever is the shorter 37
period. A person committed for nonpayment of any fine, penalty, 38
assessment, fee, or costs shall be given credit toward payment for 39
p. 14 HB 2430
each day of imprisonment at the rate specified in the commitment 1
order. 2
(5) If it appears to the satisfaction of the court that the 3
default in the payment of any fine, penalty, assessment, fee, or 4
costs is not willful contempt, the court may, and if the defendant is 5
indigent as defined in RCW 10.01.160(3), the court shall enter an 6
order: (a) Allowing the defendant additional time for payment; (b) 7
reducing the amount thereof or of each installment; (c) revoking the 8
fine, penalty, assessment, fee, or costs or the unpaid portion 9
thereof in whole or in part; or (d) converting the unpaid fine, 10
penalty, assessment, fee, or costs to community restitution hours, if 11
the jurisdiction operates a community restitution program, at the 12
rate of no less than the state minimum wage established in RCW 13
49.46.020 for each hour of community restitution. A crime victim 14
penalty assessment imposed under RCW 7.68.035 may not be reduced, 15
waived, or converted to community restitution hours except as 16
authorized under RCW 7.68.035.17
(6) A default in the payment of any fine, penalty, assessment, 18
fee, or costs or any installment thereof may be collected by any 19
means authorized by law for the enforcement of a judgment. The levy 20
of execution for the collection of any fine, penalty, assessment, 21
fee, or costs shall not discharge a defendant committed to 22
imprisonment for contempt until the amount has actually been 23
collected. 24
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p. 15 HB 2430