Crime victim penalty assess.

AN ACT Relating to ensuring access to victim services through the 1
crime victim penalty assessment; amending RCW 7.68.035, 9.92.060, 2
9.94A.6333, 9.94A.760, 9.94B.040, 9.95.210, and 10.01.180; and 3
prescribing penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 7.68.035 and 2023 c 449 s 1 are each amended to read 6
as follows: 7
(1) ((Except as provided in subsection (4) of this section, 8
when)) When any adult person is found guilty in any superior court of 9
having committed a crime, except as provided in subsection (2) of 10
this section, there shall be imposed by the court upon such convicted 11
person a penalty assessment. The assessment shall be in addition to 12
any other penalty or fine imposed by law and shall be ((five hundred 13
dollars)) $2,000 for each case or cause of action that includes one 14
or more convictions of a felony or gross misdemeanor and ((two 15
hundred fifty dollars )) $1,000 for any case or cause of action that 16
includes convictions of only one or more misdemeanors. The court may 17
impose an additional surcharge on the penalty assessment, as provided 18
in this section, to ensure the availability of victim support 19
services and sustainable funding for such services, and to provide 20
H-2793.1
HOUSE BILL 2457
State of Washington 69th Legislature 2026 Regular Session
By Representative Davis
Read first time 01/13/26. Referred to Committee on Community Safety.
p. 1 HB 2457
the defendant an opportunity to repair the harm the defendant has 1
caused. 2
(2) The assessment imposed by subsection (1) of this section 3
shall not apply to motor vehicle crimes defined in Title 46 RCW 4
except those defined in the following sections: RCW 46.61.520, 5
46.61.522, 46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 6
46.52.101, 46.20.410, 46.52.020, 46.10.495, 46.09.480, 46.61.5249, 7
46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 8
46.44.180, 46.10.490(2), and 46.09.470(2). 9
(3) Except as provided in subsection (4) of this section, when 10
any adult person accused of having committed a crime posts bail in 11
superior court pursuant to the provisions of chapter 10.19 RCW and 12
such bail is forfeited, there shall be deducted from the proceeds of 13
such forfeited bail a penalty assessment, in addition to any other 14
penalty or fine imposed by law, equal to the assessment which would 15
be applicable under subsection (1) of this section if the person had 16
been convicted of the crime. 17
(4)(a) The court shall ((not)) impose the penalty assessment 18
under this section ((if)) unless the defendant provides documentary 19
proof and the court finds , at the sentencing hearing and on the 20
record, that the defendant, at the time of sentencing, is indigent as 21
defined in ((RCW 10.01.160(3))) this section. 22
(b) Upon motion by the prosecutor that the defendant may possess 23
substantial financial resources, as defined in this section, the 24
court shall order the defendant to provide to the court proof of any 25
and all forms of income prior to the sentencing hearing. The court 26
shall evaluate the defendant's proof of income at the sentencing 27
hearing. The court may impose an additional surcharge on the penalty 28
assessment up to a maximum of $50,000 if the court finds by a 29
preponderance of the evidence that the defendant possesses 30
substantial financial resources. The surcharge should be 31
proportionate to the severity of the offense and the harm to the 32
victim and the community.33
(5) Upon motion by a defendant, the court shall waive any crime 34
victim penalty assessment imposed prior to July 1, 2023, if:35
(a) The person was a juvenile at the time the penalty assessment 36
was imposed; or 37
(b) The person does not have the ability to pay the penalty 38
assessment. A person does not have the ability to pay if the person 39
p. 2 HB 2457
is presently indigent as defined in ((RCW 10.01.160(3))) this 1
section. 2
(6) Such penalty assessments and surcharge, if any, shall be paid 3
by the clerk of the superior court to the county treasurer. Each 4
county shall deposit one hundred percent of the money it receives per 5
case or cause of action under subsection (1) of this section, not 6
less than one and seventy-five one-hundredths percent of the 7
remaining money it retains under RCW 10.82.070 and the money it 8
retains under chapter 3.62 RCW, and all money it receives under 9
subsection (9) of this section into a fund maintained exclusively for 10
the support of comprehensive programs to encourage and facilitate 11
testimony by the victims of crimes and witnesses to crimes. A program 12
shall be considered "comprehensive" only after approval of the 13
department upon application by the county prosecuting attorney. The 14
department shall approve as comprehensive only programs which:15
(a) Provide comprehensive services to victims and witnesses of 16
all types of crime with particular emphasis on serious crimes against 17
persons and property. It is the intent of the legislature to make 18
funds available only to programs which do not restrict services to 19
victims or witnesses of a particular type or types of crime and that 20
such funds supplement, not supplant, existing local funding levels;21
(b) Are administered by the county prosecuting attorney either 22
directly through the prosecuting attorney's office or by contract 23
between the county and agencies providing services to victims of 24
crime; 25
(c) Make a reasonable effort to inform the known victim or his or 26
her surviving dependents of the existence of this chapter and the 27
procedure for making application for benefits; 28
(d) Assist victims in the restitution and adjudication process; 29
and 30
(e) Assist victims of violent crimes in the preparation and 31
presentation of their claims to the department of labor and 32
industries under this chapter. 33
Before a program in any county west of the Cascade mountains is 34
submitted to the department for approval, it shall be submitted for 35
review and comment to each city within the county with a population 36
of more than one hundred fifty thousand. The department will consider 37
if the county's proposed comprehensive plan meets the needs of crime 38
victims in cases adjudicated in municipal, district or superior 39
courts and of crime victims located within the city and county.40
p. 3 HB 2457
(7) Upon submission to the department of a letter of intent to 1
adopt a comprehensive program, the prosecuting attorney shall retain 2
the money deposited by the county under subsection (6) of this 3
section until such time as the county prosecuting attorney has 4
obtained approval of a program from the department. Approval of the 5
comprehensive plan by the department must be obtained within one year 6
of the date of the letter of intent to adopt a comprehensive program. 7
The county prosecuting attorney shall not make any expenditures from 8
the money deposited under subsection (6) of this section until 9
approval of a comprehensive plan by the department. If a county 10
prosecuting attorney has failed to obtain approval of a program from 11
the department under subsection (6) of this section or failed to 12
obtain approval of a comprehensive program within one year after 13
submission of a letter of intent under this section, the county 14
treasurer shall monthly transmit one hundred percent of the money 15
deposited by the county under subsection (6) of this section to the 16
state treasurer for deposit in the state general fund.17
(8) County prosecuting attorneys are responsible to make every 18
reasonable effort to insure that the penalty assessments of this 19
chapter are imposed and collected. 20
(9) Every city and town shall transmit monthly one and seventy-21
five one-hundredths percent of all money, other than money received 22
for parking infractions, retained under RCW 3.50.100 and 35.20.220 to 23
the county treasurer for deposit as provided in subsection (6) of 24
this section. 25
(10) For the purposes of this section, a person is "indigent" if 26
the person is:27
(a) Receiving one of the following types of public assistance: 28
Temporary assistance for needy families; aged, blind, or disabled 29
assistance benefits; medical care services under RCW 74.09.035; 30
pregnant women assistance benefits; poverty-related veterans' 31
benefits; food stamps or food stamp benefits transferred 32
electronically; refugee resettlement benefits; medicaid; or 33
supplemental security income; or34
(b) Involuntarily committed to a public mental health facility; 35
or36
(c) Ineligible for public assistance programs listed in (a) of 37
this subsection due solely to the person's immigration status and has 38
annual income at or below 125 percent of the most current federal 39
p. 4 HB 2457
poverty level, as determined annually by the United States department 1
of health and human services. 2
(11) For the purposes of this section, "substantial financial 3
resources" means having a household income that exceeds 200 percent 4
of the area median income.5
Sec. 2. RCW 9.92.060 and 2023 c 449 s 7 are each amended to read 6
as follows: 7
(1) Whenever any person is convicted of any crime except murder, 8
burglary in the first degree, arson in the first degree, robbery, 9
rape of a child, or rape, the superior court may, in its discretion, 10
at the time of imposing sentence upon such person, direct that such 11
sentence be stayed and suspended until otherwise ordered by the 12
superior court, and, upon such terms as the superior court may 13
determine, that the sentenced person be placed under the charge of:14
(a) A community corrections officer employed by the department of 15
corrections, if the person is subject to supervision under RCW 16
9.94A.501 or 9.94A.5011; or 17
(b) A probation officer employed or contracted for by the county, 18
if the county has elected to assume responsibility for the 19
supervision of superior court misdemeanant probationers.20
(2) As a condition to suspension of sentence, the superior court 21
shall require the payment of the crime victim penalty assessment 22
imposed and not waived under RCW 7.68.035, and the penalty assessment 23
surcharge, if imposed under RCW 7.68.035. In addition, the superior 24
court may require the convicted person to make such monetary 25
payments, on such terms as the superior court deems appropriate under 26
the circumstances, as are necessary: (a) To comply with any order of 27
the court for the payment of family support; (b) to make restitution 28
to any person or persons who may have suffered loss or damage by 29
reason of the commission of the crime in question or when the 30
offender pleads guilty to a lesser offense or fewer offenses and 31
agrees with the prosecutor's recommendation that the offender be 32
required to pay restitution to a victim of an offense or offenses 33
which are not prosecuted pursuant to a plea agreement; (c) to pay any 34
fine imposed and not suspended and the court or other costs incurred 35
in the prosecution of the case, including reimbursement of the state 36
for costs of extradition if return to this state by extradition was 37
required; and (d) to contribute to a county or interlocal drug fund.38
p. 5 HB 2457
(3) 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
(4) As a condition of the suspended sentence, the superior court 12
may order the probationer to report to the secretary of corrections 13
or such officer as the secretary may designate and as a condition of 14
the probation to follow the instructions of the secretary. If the 15
county legislative authority has elected to assume responsibility for 16
the supervision of superior court misdemeanant probationers within 17
its jurisdiction, the superior court misdemeanant probationer shall 18
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
(5) If restitution to the victim has been ordered under 24
subsection (2)(b) of this section and the superior court has ordered 25
supervision, the officer supervising the probationer shall make a 26
reasonable effort to ascertain whether restitution has been made as 27
ordered. If the superior court has ordered supervision and 28
restitution has not been made, the officer shall inform the 29
prosecutor of that violation of the terms of the suspended sentence 30
not less than three months prior to the termination of the suspended 31
sentence. 32
Sec. 3. RCW 9.94A.6333 and 2023 c 449 s 8 are each amended to 33
read as follows: 34
(1) If an offender violates any condition or requirement of a 35
sentence, and the offender is not being supervised by the department, 36
the court may modify its order of judgment and sentence and impose 37
further punishment in accordance with this section.38
p. 6 HB 2457
(2) If an offender fails to comply with any of the nonfinancial 1
conditions or requirements of a sentence the following provisions 2
apply: 3
(a) The court, upon the motion of the state, or upon its own 4
motion, shall require the offender to show cause why the offender 5
should not be punished for the noncompliance. The court may issue a 6
summons or a warrant of arrest for the offender's appearance;7
(b) The state has the burden of showing noncompliance by a 8
preponderance of the evidence; 9
(c) If the court finds that a violation has been proved, it may 10
impose the sanctions specified in RCW 9.94A.633(1). Alternatively, 11
the court may: 12
(i) Convert a term of partial confinement to total confinement; 13
or 14
(ii) Convert community restitution obligation to total or partial 15
confinement; 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
a mental health status evaluation and/or outpatient mental health 21
treatment, the court shall seek a recommendation from 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
(3) If an offender fails to pay legal financial obligations as a 32
requirement of a sentence the following provisions apply:33
(a) The court, upon the motion of the state, or upon its own 34
motion, shall require the offender to show cause why the offender 35
should not be punished for the noncompliance. The court may issue a 36
summons or a warrant of arrest for the offender's appearance;37
(b) The state has the burden of showing noncompliance by a 38
preponderance of the evidence; 39
p. 7 HB 2457
(c) The court may not sanction the offender for failure to pay 1
legal financial obligations unless the court finds, after a hearing 2
and on the record, that the failure to pay is willful. A failure to 3
pay is willful if the offender has the current ability to pay but 4
refuses to do so. In determining whether the offender has the current 5
ability to pay, the court shall inquire into and consider: (i) The 6
offender's income and assets; (ii) the offender's basic living costs 7
as defined by RCW 10.101.010 and other liabilities including child 8
support and other legal financial obligations; and (iii) the 9
offender's bona fide efforts to acquire additional resources. ((An)) 10
For legal financial obligations other than the crime victim penalty 11
assessment under RCW 7.68.035, an offender who is indigent as defined 12
in RCW 10.01.160(3) is presumed to lack the current ability to pay . 13
For crime victim penalty assessment imposed under RCW 7.68.035, an 14
offender who is indigent as defined in RCW 7.68.035 is presumed to 15
lack the current ability to pay; 16
(d) If the court determines that the offender is homeless or a 17
person who is mentally ill, as defined in RCW 71.24.025, failure to 18
pay a legal financial obligation is not willful noncompliance and 19
shall not subject the offender to penalties; 20
(e) If the court finds that a failure to pay is willful 21
noncompliance, it may impose the sanctions specified in RCW 22
9.94A.633(1); and 23
(f) ((If)) Except as otherwise provided in this subsection, if 24
the court finds that the violation was not willful, the court may, 25
and if the court finds that the defendant is indigent as defined in 26
RCW 10.01.160(3), the court shall modify the terms of payment of the 27
legal financial obligations, reduce or waive nonrestitution legal 28
financial obligations, or convert nonrestitution legal financial 29
obligations to community restitution hours, if the jurisdiction 30
operates a community restitution program, at the rate of no less than 31
the state minimum wage established in RCW 49.46.020 for each hour of 32
community restitution. The crime victim penalty assessment and the 33
penalty assessment surcharge under RCW 7.68.035 may not be reduced, 34
waived, or converted to community restitution hours except as 35
authorized under RCW 7.68.035(5).36
(4) Any time served in confinement awaiting a hearing on 37
noncompliance shall be credited against any confinement ordered by 38
the court. 39
p. 8 HB 2457
(5) Nothing in this section prohibits the filing of escape 1
charges if appropriate. 2
Sec. 4. RCW 9.94A.760 and 2023 c 449 s 9 are each amended to 3
read as follows: 4
(1) Whenever a person is convicted in superior court, the court 5
shall impose the crime victim penalty assessment under RCW 7.68.035 6
and may order the payment of ((a)) other legal financial obligation s 7
as part of the sentence. The court may not order an offender to pay 8
costs as described in RCW 10.01.160 if the court finds that the 9
offender at the time of sentencing is indigent as defined in RCW 10
10.01.160(3). An offender being indigent as defined in RCW 11
10.01.160(3) is not grounds for failing to impose restitution, 12
subject to RCW 9.94A.750(3) and 9.94A.753(3) or the crime victim 13
penalty assessment under RCW 7.68.035. The court must on either the 14
judgment and sentence or on a subsequent order to pay, designate the 15
total amount of a legal financial obligation and segregate this 16
amount among the separate assessments made for restitution, costs, 17
fines, and other assessments required by law. On the same order, the 18
court is also to set a sum that the offender is required to pay on a 19
monthly basis towards satisfying the legal financial obligation. If 20
the court fails to set the offender monthly payment amount, the 21
department shall set the amount if the department has active 22
supervision of the offender, otherwise the county clerk shall set the 23
amount. 24
(2) Upon receipt of each payment made by or on behalf of an 25
offender, the county clerk shall distribute the payment in the 26
following order of priority until satisfied: 27
(a) First, proportionally to restitution to victims that have not 28
been fully compensated from other sources; 29
(b) Second, proportionally to restitution to insurance or other 30
sources with respect to a loss that has provided compensation to 31
victims; 32
(c) Third, proportionally to crime victims' assessments that have 33
not been waived under RCW 7.68.035; and 34
(d) Fourth, proportionally to costs, fines, and other assessments 35
required by law. 36
(3) If the court determines that the offender, at the time of 37
sentencing, has the means to pay for the cost of incarceration, the 38
court may require the offender to pay for the cost of incarceration. 39
p. 9 HB 2457
The court shall not order the offender to pay the cost of 1
incarceration if the court finds that the offender at the time of 2
sentencing is indigent as defined in RCW 10.01.160(3). Costs of 3
incarceration ordered by the court shall not exceed a rate of $50 per 4
day of incarceration, if incarcerated in a prison, or the actual cost 5
of incarceration per day of incarceration, if incarcerated in a 6
county jail. In no case may the court require the offender to pay 7
more than $100 per day for the cost of incarceration. All funds 8
recovered from offenders for the cost of incarceration in the county 9
jail shall be remitted to the county and the costs of incarceration 10
in a prison shall be remitted to the department. 11
(4) The court may add to the judgment and sentence or subsequent 12
order to pay a statement that a notice of payroll deduction is to be 13
issued immediately. If the court chooses not to order the immediate 14
issuance of a notice of payroll deduction at sentencing, the court 15
shall add to the judgment and sentence or subsequent order to pay a 16
statement that a notice of payroll deduction may be issued or other 17
income-withholding action may be taken, without further notice to the 18
offender if a monthly court-ordered legal financial obligation 19
payment is not paid when due, and an amount equal to or greater than 20
the amount payable for one month is owed. 21
If a judgment and sentence or subsequent order to pay does not 22
include the statement that a notice of payroll deduction may be 23
issued or other income-withholding action may be taken if a monthly 24
legal financial obligation payment is past due, the department or the 25
county clerk may serve a notice on the offender stating such 26
requirements and authorizations. Service shall be by personal service 27
or any form of mail requiring a return receipt. 28
(5)(a) Independent of the department or the county clerk, the 29
party or entity to whom the legal financial obligation is owed shall 30
have the authority to use any other remedies available to the party 31
or entity to collect the legal financial obligation. These remedies 32
include enforcement in the same manner as a judgment in a civil 33
action by the party or entity to whom the legal financial obligation 34
is owed. Restitution collected through civil enforcement must be paid 35
through the registry of the court and must be distributed 36
proportionately according to each victim's loss when there is more 37
than one victim. The judgment and sentence shall identify the party 38
or entity to whom restitution is owed so that the state, party, or 39
entity may enforce the judgment. 40
p. 10 HB 2457
(b) If restitution is ordered pursuant to RCW 9.94A.750(6) or 1
9.94A.753(6) to a victim of rape of a child or a victim's child born 2
from the rape, the Washington state child support registry shall be 3
identified as the party to whom payments must be made. Restitution 4
obligations arising from the rape of a child in the first, second, or 5
third degree that result in the pregnancy of the victim may be 6
enforced for the time periods provided under RCW 9.94A.750(6) and 7
9.94A.753(6). 8
(c) All other restitution obligations for an offense committed 9
prior to July 1, 2000, may be enforced at any time during the 10-year 10
period following the offender's release from total confinement or 11
within 10 years of entry of the judgment and sentence, whichever 12
period ends later. Prior to the expiration of the initial 10-year 13
period, the superior court may extend the criminal judgment an 14
additional 10 years for payment of restitution obligations. All other 15
restitution obligations for an offense committed on or after July 1, 16
2000, may be enforced at any time the offender remains under the 17
court's jurisdiction. For an offense committed on or after July 1, 18
2000, the court shall retain jurisdiction over the offender, for 19
purposes of the offender's compliance with payment of the restitution 20
obligations, until the obligation is completely satisfied, regardless 21
of the statutory maximum for the crime. 22
(d) All other legal financial obligations other than restitution 23
may be enforced at any time during the 10-year period following the 24
offender's release from total confinement or within 10 years of entry 25
of the judgment and sentence, whichever period ends later. Prior to 26
the expiration of the initial 10-year period, the superior court may 27
extend the criminal judgment an additional 10 years for payment of 28
nonrestitution legal financial obligations only if the court finds 29
that the offender has the current or likely future ability to pay the 30
obligations. ((A)) For legal financial obligations other than the 31
crime victim penalty assessment under RCW 7.68.035, a person does not 32
have the current ability to pay if the person is indigent as defined 33
in RCW 10.01.160(3). For the crime victim penalty assessment under 34
RCW 7.68.035, a person does not have the current ability to pay if 35
the person is indigent as defined in RCW 7.68.035.36
(e) The department may only supervise the offender's compliance 37
with payment of the legal financial obligations during any period in 38
which the department is authorized to supervise the offender in the 39
community under RCW 9.94A.728, 9.94A.501, or in which the offender is 40
p. 11 HB 2457
confined in a state correctional institution or a correctional 1
facility pursuant to a transfer agreement with the department, and 2
the department shall supervise the offender's compliance during any 3
such period. The department is not responsible for supervision of the 4
offender during any subsequent period of time the offender remains 5
under the court's jurisdiction. The county clerk is authorized to 6
collect unpaid legal financial obligations at any time the offender 7
remains under the jurisdiction of the court for purposes of his or 8
her legal financial obligations. 9
(6) In order to assist the court in setting a monthly sum that 10
the offender must pay during the period of supervision, the offender 11
is required to report to the department for purposes of preparing a 12
recommendation to the court. When reporting, the offender is 13
required, under oath, to respond truthfully and honestly to all 14
questions concerning present, past, and future earning capabilities 15
and the location and nature of all property or financial assets. The 16
offender is further required to bring all documents requested by the 17
department. 18
(7) After completing the investigation, the department shall make 19
a report to the court on the amount of the monthly payment that the 20
offender should be required to make towards a satisfied legal 21
financial obligation. 22
(8)(a) During the period of supervision, the department may make 23
a recommendation to the court that the offender's monthly payment 24
schedule be modified so as to reflect a change in financial 25
circumstances. If the department sets the monthly payment amount, the 26
department may modify the monthly payment amount without the matter 27
being returned to the court. During the period of supervision, the 28
department may require the offender to report to the department for 29
the purposes of reviewing the appropriateness of the collection 30
schedule for the legal financial obligation. During this reporting, 31
the offender is required under oath to respond truthfully and 32
honestly to all questions concerning earning capabilities and the 33
location and nature of all property or financial assets. The offender 34
shall bring all documents requested by the department in order to 35
prepare the collection schedule. 36
(b) Subsequent to any period of supervision, or if the department 37
is not authorized to supervise the offender in the community, the 38
county clerk may make a recommendation to the court that the 39
offender's monthly payment schedule be modified so as to reflect a 40
p. 12 HB 2457
change in financial circumstances. If the county clerk sets the 1
monthly payment amount, or if the department set the monthly payment 2
amount and the department has subsequently turned the collection of 3
the legal financial obligation over to the county clerk, the clerk 4
may modify the monthly payment amount without the matter being 5
returned to the court. During the period of repayment, the county 6
clerk may require the offender to report to the clerk for the purpose 7
of reviewing the appropriateness of the collection schedule for the 8
legal financial obligation. During this reporting, the offender is 9
required under oath to respond truthfully and honestly to all 10
questions concerning earning capabilities and the location and nature 11
of all property or financial assets. The offender shall bring all 12
documents requested by the county clerk in order to prepare the 13
collection schedule. 14
(9) After the judgment and sentence or payment order is entered, 15
the department is authorized, for any period of supervision, to 16
collect the legal financial obligation from the offender. Subsequent 17
to any period of supervision or, if the department is not authorized 18
to supervise the offender in the community, the county clerk is 19
authorized to collect unpaid legal financial obligations from the 20
offender. Any amount collected by the department shall be remitted 21
daily to the county clerk for the purpose of disbursements. The 22
department and the county clerks are authorized, but not required, to 23
accept credit cards as payment for a legal financial obligation, and 24
any costs incurred related to accepting credit card payments shall be 25
the responsibility of the offender. 26
(10) The department or any obligee of the legal financial 27
obligation may seek a mandatory wage assignment for the purposes of 28
obtaining satisfaction for the legal financial obligation pursuant to 29
RCW 9.94A.7701. Any party obtaining a wage assignment shall notify 30
the county clerk. The county clerks shall notify the department, or 31
the administrative office of the courts, whichever is providing the 32
monthly billing for the offender. 33
(11) The requirement that the offender pay a monthly sum towards 34
a legal financial obligation constitutes a condition or requirement 35
of a sentence and the offender is subject to the penalties for 36
noncompliance as provided in RCW 9.94B.040, 9.94A.737, or 9.94A.740. 37
If the court determines that the offender is homeless or a person who 38
is mentally ill, as defined in RCW 71.24.025, failure to pay a legal 39
p. 13 HB 2457
financial obligation is not willful noncompliance and shall not 1
subject the offender to penalties. 2
(12)(a) The administrative office of the courts shall mail 3
individualized periodic billings to the address known by the office 4
for each offender with an unsatisfied legal financial obligation.5
(b) The billing shall direct payments to the county clerk.6
(c) The county clerk shall provide the administrative office of 7
the courts with notice of payments by such offenders no less 8
frequently than weekly. 9
(d) The county clerks, the administrative office of the courts, 10
and the department shall maintain agreements to implement this 11
subsection. 12
(13) The department shall arrange for the collection of unpaid 13
legal financial obligations during any period of supervision in the 14
community through the county clerk. The department shall either 15
collect unpaid legal financial obligations or arrange for collections 16
through another entity if the clerk does not assume responsibility or 17
is unable to continue to assume responsibility for collection 18
pursuant to subsection (5) of this section. The costs for collection 19
services shall be paid by the offender. 20
(14) The county clerk may access the records of the employment 21
security department for the purposes of verifying employment or 22
income, seeking any assignment of wages, or performing other duties 23
necessary to the collection of an offender's legal financial 24
obligations. 25
(15) Nothing in this chapter makes the department, the state, the 26
counties, or any state or county employees, agents, or other persons 27
acting on their behalf liable under any circumstances for the payment 28
of these legal financial obligations or for the acts of any offender 29
who is no longer, or was not, subject to supervision by the 30
department for a term of community custody, and who remains under the 31
jurisdiction of the court for payment of legal financial obligations.32
Sec. 5. RCW 9.94B.040 and 2023 c 449 s 10 are each amended to 33
read as follows: 34
(1) If an offender violates any condition or requirement of a 35
sentence, the court may modify its order of judgment and sentence and 36
impose further punishment in accordance with this section.37
(2) In cases where conditions from a second or later sentence of 38
community supervision begin prior to the term of the second or later 39
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sentence, the court shall treat a violation of such conditions as a 1
violation of the sentence of community supervision currently being 2
served. 3
(3) If an offender fails to comply with any of the nonfinancial 4
requirements or conditions of a sentence the following provisions 5
apply: 6
(a)(i) Following the violation, if the offender and the 7
department make a stipulated agreement, the department may impose 8
sanctions such as work release, home detention with electronic 9
monitoring, work crew, community restitution, inpatient treatment, 10
daily reporting, curfew, educational or counseling sessions, 11
supervision enhanced through electronic monitoring, jail time, or 12
other sanctions available in the community. 13
(ii) Within 72 hours of signing the stipulated agreement, the 14
department shall submit a report to the court and the prosecuting 15
attorney outlining the violation or violations, and sanctions 16
imposed. Within 15 days of receipt of the report, if the court is not 17
satisfied with the sanctions, the court may schedule a hearing and 18
may modify the department's sanctions. If this occurs, the offender 19
may withdraw from the stipulated agreement. 20
(iii) If the offender fails to comply with the sanction 21
administratively imposed by the department, the court may take action 22
regarding the original noncompliance. Offender failure to comply with 23
the sanction administratively imposed by the department may be 24
considered an additional violation; 25
(b) In the absence of a stipulated agreement, or where the court 26
is not satisfied with the department's sanctions as provided in (a) 27
of this subsection, the court, upon the motion of the state, or upon 28
its own motion, shall require the offender to show cause why the 29
offender should not be punished for the noncompliance. The court may 30
issue a summons or a warrant of arrest for the offender's appearance;31
(c) The state has the burden of showing noncompliance by a 32
preponderance of the evidence. If the court finds that the violation 33
has occurred, it may order the offender to be confined for a period 34
not to exceed 60 days for each violation, and may (i) convert a term 35
of partial confinement to total confinement, (ii) convert community 36
restitution obligation to total or partial confinement, or (iii) 37
order one or more of the penalties authorized in (a)(i) of this 38
subsection. Any time served in confinement awaiting a hearing on 39
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noncompliance shall be credited against any confinement order by the 1
court; 2
(d) If the court finds that the violation was not willful, the 3
court may modify its previous order regarding community restitution 4
obligations; and 5
(e) If the violation involves a failure to undergo or comply with 6
mental status evaluation and/or outpatient mental health treatment, 7
the community corrections officer shall consult with the treatment 8
provider or proposed treatment provider. Enforcement of orders 9
concerning outpatient mental health treatment must reflect the 10
availability of treatment and must pursue the least restrictive means 11
of promoting participation in treatment. If the offender's failure to 12
receive care essential for health and safety presents a risk of 13
serious physical harm or probable harmful consequences, the civil 14
detention and commitment procedures of chapter 71.05 RCW shall be 15
considered in preference to incarceration in a local or state 16
correctional facility. 17
(4) If the violation involves failure to pay legal financial 18
obligations, the following provisions apply: 19
(a) The department and the offender may enter into a stipulated 20
agreement that the failure to pay was willful noncompliance, 21
according to the provisions and requirements of subsection (3)(a) of 22
this section; 23
(b) In the absence of a stipulated agreement, or where the court 24
is not satisfied with the department's sanctions as provided in a 25
stipulated agreement under (a) of this subsection, the court, upon 26
the motion of the state, or upon its own motion, shall require the 27
offender to show cause why the offender should not be punished for 28
the noncompliance. The court may issue a summons or a warrant of 29
arrest for the offender's appearance; 30
(c) The state has the burden of showing noncompliance by a 31
preponderance of the evidence. The court may not sanction the 32
offender for failure to pay legal financial obligations unless the 33
court finds, after a hearing and on the record, that the failure to 34
pay is willful. A failure to pay is willful if the offender has the 35
current ability to pay but refuses to do so. In determining whether 36
the offender has the current ability to pay, the court shall inquire 37
into and consider: (i) The offender's income and assets; (ii) the 38
offender's basic living costs as defined by RCW 10.101.010 and other 39
liabilities including child support and other legal financial 40
p. 16 HB 2457
obligations; and (iii) the offender's bona fide efforts to acquire 1
additional resources. ((An)) For legal financial obligations other 2
than the crime victim penalty assessment under RCW 7.68.035, an 3
offender who is indigent as defined in RCW 10.01.160(3) is presumed 4
to lack the current ability to pay . For the crime victim penalty 5
assessment under RCW 7.68.035, an offender who is indigent as defined 6
in RCW 7.68.035 is presumed to lack the current ability to pay;7
(d) If the court determines that the offender is homeless or a 8
person who is mentally ill, as defined in RCW 71.24.025, failure to 9
pay a legal financial obligation is not willful noncompliance and 10
shall not subject the offender to penalties; 11
(e) If the court finds that the failure to pay is willful 12
noncompliance, the court may order the offender to be confined for a 13
period not to exceed 60 days for each violation or order one or more 14
of the penalties authorized in subsection (3)(a)(i) of this section; 15
and 16
(f) ((If)) Except as otherwise provided in this subsection, if 17
the court finds that the violation was not willful, the court may, 18
and if the court finds that the defendant is indigent as defined in 19
RCW 10.01.160(3), the court shall modify the terms of payment of the 20
legal financial obligations, reduce or waive nonrestitution legal 21
financial obligations, or convert nonrestitution legal financial 22
obligations to community restitution hours, if the jurisdiction 23
operates a community restitution program, at the rate of no less than 24
the state minimum wage established in RCW 49.46.020 for each hour of 25
community restitution. The crime victim penalty assessment and the 26
penalty assessment surcharge under RCW 7.68.035 may not be reduced, 27
waived, or converted to community restitution hours except as 28
authorized under RCW 7.68.035(5).29
(5) The community corrections officer may obtain information from 30
the offender's mental health treatment provider on the offender's 31
status with respect to evaluation, application for services, 32
registration for services, and compliance with the supervision plan, 33
without the offender's consent, as described under RCW 71.05.630.34
(6) An offender under community placement or community 35
supervision who is civilly detained under chapter 71.05 RCW, and 36
subsequently discharged or conditionally released to the community, 37
shall be under the supervision of the department of corrections for 38
the duration of his or her period of community placement or community 39
supervision. During any period of inpatient mental health treatment 40
p. 17 HB 2457
that falls within the period of community placement or community 1
supervision, the inpatient treatment provider and the supervising 2
community corrections officer shall notify each other about the 3
offender's discharge, release, and legal status, and shall share 4
other relevant information. 5
(7) Nothing in this section prohibits the filing of escape 6
charges if appropriate. 7
Sec. 6. RCW 9.95.210 and 2023 c 449 s 11 are each amended to 8
read as follows: 9
(1)(a) Except as provided in (b) of this subsection in granting 10
probation, the superior court may suspend the imposition or the 11
execution of the sentence and may direct that the suspension may 12
continue upon such conditions and for such time as it shall 13
designate, not exceeding the maximum term of sentence or two years, 14
whichever is longer. 15
(b) For a defendant sentenced for a domestic violence offense, or 16
under RCW 46.61.5055, the superior court may suspend the imposition 17
or the execution of the sentence and may direct that the suspension 18
continue upon such conditions and for such time as the court shall 19
designate, not to exceed five years. The court shall have continuing 20
jurisdiction and authority to suspend the execution of all or any 21
part of the sentence upon stated terms, including installment payment 22
of fines. A defendant who has been sentenced, and who then fails to 23
appear for any hearing to address the defendant's compliance with the 24
terms of probation when ordered to do so by the court shall have the 25
term of probation tolled until such time as the defendant makes his 26
or her presence known to the court on the record. Any time before 27
entering an order terminating probation, the court may modify or 28
revoke its order suspending the imposition or execution of the 29
sentence if the defendant violates or fails to carry out any of the 30
conditions of the suspended sentence. 31
(2) In the order granting probation and as a condition thereof, 32
the superior court may in its discretion imprison the defendant in 33
the county jail for a period not exceeding one year and may fine the 34
defendant any sum not exceeding the statutory limit for the offense 35
committed, and court costs. As a condition of probation, the superior 36
court shall require the payment of the crime victim penalty 37
assessment imposed and not waived under RCW 7.68.035, and the penalty 38
assessment surcharge, if imposed under RCW 7.68.035. In addition, the 39
p. 18 HB 2457
court may require the defendant to make such monetary payments, on 1
such terms as it deems appropriate under the circumstances, as are 2
necessary: (a) To comply with any order of the court for the payment 3
of family support; (b) to make restitution to any person or persons 4
who may have suffered loss or damage by reason of the commission of 5
the crime in question or when the offender pleads guilty to a lesser 6
offense or fewer offenses and agrees with the prosecutor's 7
recommendation that the offender be required to pay restitution to a 8
victim of an offense or offenses which are not prosecuted pursuant to 9
a plea agreement; (c) to pay such fine as may be imposed and court 10
costs, including reimbursement of the state for costs of extradition 11
if return to this state by extradition was required; (d) following 12
consideration of the financial condition of the person subject to 13
possible electronic monitoring, to pay for the costs of electronic 14
monitoring if that monitoring was required by the court as a 15
condition of release from custody or as a condition of probation; (e) 16
to contribute to a county or interlocal drug fund; and (f) to make 17
restitution to a public agency for the costs of an emergency response 18
under RCW 38.52.430, and may require bonds for the faithful 19
observance of any and all conditions imposed in the probation.20
(3) The superior court shall order restitution in all cases where 21
the victim is entitled to benefits under the crime victims' 22
compensation act, chapter 7.68 RCW. If the superior court does not 23
order restitution and the victim of the crime has been determined to 24
be entitled to benefits under the crime victims' compensation act, 25
the department of labor and industries, as administrator of the crime 26
victims' compensation program, may petition the superior court within 27
one year of imposition of the sentence for entry of a restitution 28
order. Upon receipt of a petition from the department of labor and 29
industries, the superior court shall hold a restitution hearing and 30
shall enter a restitution order. 31
(4) At any time, including at sentencing, the court may determine 32
that the offender is not required to pay, or may relieve the offender 33
of the requirement to pay, full or partial restitution and accrued 34
interest on restitution where the entity to whom restitution is owed 35
is an insurer or a state agency, except for restitution owed to the 36
department of labor and industries under chapter 7.68 RCW, if the 37
court finds that the offender does not have the current or likely 38
future ability to pay. A person does not have the current ability to 39
pay if the person is indigent as defined in RCW 10.01.160(3). For the 40
p. 19 HB 2457
purposes of this subsection, the terms "insurer" and "state agency" 1
have the same meanings as provided in RCW 9.94A.750(3).2
(5) In granting probation, the superior court may order the 3
probationer to report to the secretary of corrections or such officer 4
as the secretary may designate and as a condition of the probation to 5
follow the instructions of the secretary for up to twelve months. If 6
the county legislative authority has elected to assume responsibility 7
for the supervision of superior court misdemeanant probationers 8
within its jurisdiction, the superior court misdemeanant probationer 9
shall report to a probation officer employed or contracted for by the 10
county. In cases where a superior court misdemeanant probationer is 11
sentenced in one county, but resides within another county, there 12
must be provisions for the probationer to report to the agency having 13
supervision responsibility for the probationer's county of residence.14
(6) If the probationer has been ordered to make restitution and 15
the superior court has ordered supervision, the officer supervising 16
the probationer shall make a reasonable effort to ascertain whether 17
restitution has been made. If the superior court has ordered 18
supervision and restitution has not been made as ordered, the officer 19
shall inform the prosecutor of that violation of the terms of 20
probation not less than three months prior to the termination of the 21
probation period. The secretary of corrections will promulgate rules 22
and regulations for the conduct of the person during the term of 23
probation. For defendants found guilty in district court, like 24
functions as the secretary performs in regard to probation may be 25
performed by probation officers employed for that purpose by the 26
county legislative authority of the county wherein the court is 27
located. 28
(7) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to 29
sentences imposed under this section. 30
(8) For purposes of this section, "domestic violence" means the 31
same as in RCW 10.99.020. 32
Sec. 7. RCW 10.01.180 and 2023 c 449 s 12 are each amended to 33
read as follows: 34
(1) A defendant sentenced to pay any fine, penalty, assessment, 35
fee, or costs who willfully defaults in the payment thereof or of any 36
installment is in contempt of court as provided in chapter 7.21 RCW. 37
The court may issue a warrant of arrest for his or her appearance.38
p. 20 HB 2457
(2) When any fine, penalty, assessment, fee, or assessment of 1
costs is imposed on a corporation or unincorporated association, it 2
is the duty of the person authorized to make disbursement from the 3
assets of the corporation or association to pay the obligation from 4
those assets, and his or her failure to do so may be held to be 5
contempt. 6
(3)(a) The court shall not sanction a defendant for contempt 7
based on failure to pay fines, penalties, assessments, fees, or costs 8
unless the court finds, after a hearing and on the record, that the 9
failure to pay is willful. A failure to pay is willful if the 10
defendant has the current ability to pay but refuses to do so.11
(b) In determining whether the defendant has the current ability 12
to pay, the court shall inquire into and consider: (i) The 13
defendant's income and assets; (ii) the defendant's basic living 14
costs as defined by RCW 10.101.010 and other liabilities including 15
child support and other legal financial obligations; and (iii) the 16
defendant's bona fide efforts to acquire additional resources. ((A)) 17
For legal financial obligations other than the crime victim penalty 18
assessment under RCW 7.68.035, a defendant who is indigent as defined 19
in RCW 10.01.160(3) is presumed to lack the current ability to pay . 20
For the crime victim penalty assessment imposed under RCW 7.68.035, 21
an offender who is indigent as defined in RCW 7.68.035 is presumed to 22
lack the current ability to pay. 23
(c) If the court determines that the defendant is homeless or a 24
person who is mentally ill, as defined in RCW 71.24.025, failure to 25
pay a legal financial obligation is not willful contempt and shall 26
not subject the defendant to penalties. 27
(4) If a term of imprisonment for contempt for nonpayment of any 28
fine, penalty, assessment, fee, or costs is ordered, the term of 29
imprisonment shall be set forth in the commitment order, and shall 30
not exceed one day for each $25 of the amount ordered, 30 days if the 31
amount ordered of costs was imposed upon conviction of a violation or 32
misdemeanor, or one year in any other case, whichever is the shorter 33
period. A person committed for nonpayment of any fine, penalty, 34
assessment, fee, or costs shall be given credit toward payment for 35
each day of imprisonment at the rate specified in the commitment 36
order. 37
(5) ((If)) Except as otherwise provided in this subsection, if it 38
appears to the satisfaction of the court that the default in the 39
payment of any fine, penalty, assessment, fee, or costs is not 40
p. 21 HB 2457
willful contempt, the court may, and if the defendant is indigent as 1
defined in RCW 10.01.160(3), the court shall enter an order: (a) 2
Allowing the defendant additional time for payment; (b) reducing the 3
amount thereof or of each installment; (c) revoking the fine, 4
penalty, assessment, fee, or costs or the unpaid portion thereof in 5
whole or in part; or (d) converting the unpaid fine, penalty, 6
assessment, fee, or costs to community restitution hours, if the 7
jurisdiction operates a community restitution program, at the rate of 8
no less than the state minimum wage established in RCW 49.46.020 for 9
each hour of community restitution. The crime victim penalty 10
assessment and the penalty assessment surcharge under RCW 7.68.035 11
may not be reduced, waived, or converted to community restitution 12
hours except as authorized under RCW 7.68.035(5).13
(6) A default in the payment of any fine, penalty, assessment, 14
fee, or costs or any installment thereof may be collected by any 15
means authorized by law for the enforcement of a judgment. The levy 16
of execution for the collection of any fine, penalty, assessment, 17
fee, or costs shall not discharge a defendant committed to 18
imprisonment for contempt until the amount has actually been 19
collected. 20
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