Restitution/postsecondary

AN ACT Relating to discouraging violent protests at postsecondary 1
institutions by amending a court's ability to waive restitution owed 2
to postsecondary institutions; amending RCW 3.66.120, 9.94A.753, 3
9.92.060, and 9.95.210; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that a threat to the 6
public safety and welfare exists due to recent actions by organized 7
groups under the guise of political speech, acts of vandalism and 8
violence have occurred, which impact the health, safety, and welfare 9
of citizens of the state. While the legislature applauds and affirms 10
the constitutional rights of peaceful protesters, it has become 11
necessary to protect the property and persons of its citizens. In 12
furtherance of this goal, the state of Washington finds it is 13
necessary to amend when a court may waive restitution, specifically 14
when restitution is owed to a postsecondary institution.15
Sec. 2. RCW 3.66.120 and 2022 c 260 s 1 are each amended to read 16
as follows: 17
(1) All court-ordered restitution obligations that are ordered as 18
a result of a conviction for a criminal offense in a court of limited 19
jurisdiction may be enforced in the same manner as a judgment in a 20
S-3663.2
SENATE BILL 6083
State of Washington 69th Legislature 2026 Regular Session
By Senator Boehnke
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civil action by the party or entity to whom the legal financial 1
obligation is owed. The judgment and sentence must identify the party 2
or entity to whom restitution is owed so that the state, party, or 3
entity may enforce the judgment. 4
(2) At any time, including at sentencing, the court may determine 5
that the offender is not required to pay, or may relieve the offender 6
of the requirement to pay, full or partial restitution and accrued 7
interest on restitution where the entity to whom restitution is owed 8
is an insurer or state agency, except for restitution owed to the 9
department of labor and industries under chapter 7.68 RCW and 10
postsecondary institutions as defined in RCW 28B.10.016, if the court 11
finds that the offender does not have the current or likely future 12
ability to pay. A person does not have the current ability to pay if 13
the person is indigent as defined in RCW 10.01.160(3). For the 14
purposes of this subsection, the terms "insurer" and "state agency" 15
have the same meanings as provided in RCW 9.94A.750(3).16
(3) All court-ordered restitution obligations may be enforced at 17
any time during the 10-year period following the offender's release 18
from total confinement or within 10 years of entry of the judgment 19
and sentence, whichever period is longer. Prior to the expiration of 20
the initial 10-year period, the court may extend the criminal 21
judgment an additional 10 years for payment of court-ordered 22
restitution only if the court finds that the offender has not made a 23
good faith attempt to pay. 24
(4) The party or entity to whom the court-ordered restitution 25
obligation is owed may utilize any other remedies available to the 26
party or entity to collect the court-ordered financial obligation.27
(5) Nothing in this section may be construed to deprive the court 28
of the authority to determine whether the offender's failure to pay 29
the legal financial obligation constitutes a violation of a condition 30
of probation or to impose a sanction upon the offender if such a 31
violation is found. 32
Sec. 3. RCW 9.94A.753 and 2022 c 260 s 3 are each amended to 33
read as follows: 34
This section applies to offenses committed after July 1, 1985.35
(1) When restitution is ordered, the court shall determine the 36
amount of restitution due at the sentencing hearing or within 180 37
days except as provided in subsection (7) of this section. The court 38
may continue the hearing beyond the 180 days for good cause. The 39
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court shall then set a minimum monthly payment that the offender is 1
required to make towards the restitution that is ordered. The court 2
shall not issue any order that postpones the commencement of 3
restitution payments until after the offender is released from total 4
confinement. The court should take into consideration the total 5
amount of the restitution owed, the offender's present, past, and 6
future ability to pay, as well as any assets that the offender may 7
have. An offender's inability to make restitution payments while in 8
total confinement may not be the basis for a violation of his or her 9
sentence unless his or her inability to make payments resulted from a 10
refusal to accept an employment offer to a class I or class II job or 11
a termination for cause from such a job. 12
(2) During the period of supervision, the community corrections 13
officer may examine the offender to determine if there has been a 14
change in circumstances that warrants an amendment of the monthly 15
payment schedule. The community corrections officer may recommend a 16
change to the schedule of payment and shall inform the court of the 17
recommended change and the reasons for the change. The sentencing 18
court may then reset the monthly minimum payments based on the report 19
from the community corrections officer of the change in 20
circumstances. 21
(3)(a) Except as provided in subsection (6) of this section, 22
restitution ordered by a court pursuant to a criminal conviction 23
shall be based on easily ascertainable damages for injury to or loss 24
of property, actual expenses incurred for treatment for injury to 25
persons, and lost wages resulting from injury. Restitution shall not 26
include reimbursement for damages for mental anguish, pain and 27
suffering, or other intangible losses, but may include the costs of 28
counseling reasonably related to the offense. The amount of 29
restitution shall not exceed double the amount of the offender's gain 30
or the victim's loss from the commission of the crime.31
(b) 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 state agency, except for restitution owed to the 36
department of labor and industries under chapter 7.68 RCW and 37
postsecondary institutions as defined in RCW 28B.10.016, if the court 38
finds that the offender does not have the current or likely future 39
ability to pay. A person does not have the current ability to pay if 40
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the person is indigent as defined in RCW 10.01.160(3). For the 1
purposes of this subsection, the terms "insurer" and "state agency" 2
have the same meanings as provided in RCW 9.94A.750(3).3
(4) For the purposes of this section, for an offense committed 4
prior to July 1, 2000, the offender shall remain under the court's 5
jurisdiction for a term of 10 years following the offender's release 6
from total confinement or 10 years subsequent to the entry of the 7
judgment and sentence, whichever period ends later. Prior to the 8
expiration of the initial 10-year period, the superior court may 9
extend jurisdiction under the criminal judgment an additional 10 10
years for payment of restitution. For an offense committed on or 11
after July 1, 2000, the offender shall remain under the court's 12
jurisdiction until the obligation is completely satisfied, regardless 13
of the statutory maximum for the crime. The portion of the sentence 14
concerning restitution may be modified as to amount, terms, and 15
conditions during any period of time the offender remains under the 16
court's jurisdiction, regardless of the expiration of the offender's 17
term of community supervision and regardless of the statutory maximum 18
sentence for the crime. The court may not reduce the total amount of 19
restitution ordered because the offender may lack the ability to pay 20
the total amount. The offender's compliance with the restitution 21
shall be supervised by the department only during any period which 22
the department is authorized to supervise the offender in the 23
community under RCW 9.94A.728, 9.94A.501, or in which the offender is 24
in confinement in a state correctional institution or a correctional 25
facility pursuant to a transfer agreement with the department, and 26
the department shall supervise the offender's compliance during any 27
such period. The department is responsible for supervision of the 28
offender only during confinement and authorized supervision and not 29
during any subsequent period in which the offender remains under the 30
court's jurisdiction. The county clerk is authorized to collect 31
unpaid restitution at any time the offender remains under the 32
jurisdiction of the court for purposes of his or her legal financial 33
obligations. 34
(5) Restitution shall be ordered whenever the offender is 35
convicted of an offense which results in injury to any person or 36
damage to or loss of property or as provided in subsection (6) of 37
this section unless extraordinary circumstances exist which make 38
restitution inappropriate in the court's judgment and the court sets 39
forth such circumstances in the record. In addition, restitution 40
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shall be ordered to pay for an injury, loss, or damage if the 1
offender pleads guilty to a lesser offense or fewer offenses and 2
agrees with the prosecutor's recommendation that the offender be 3
required to pay restitution to a victim of an offense or offenses 4
which are not prosecuted pursuant to a plea agreement.5
(6) Restitution for the crime of rape of a child in the first, 6
second, or third degree, in which the victim becomes pregnant, shall 7
include: (a) All of the victim's medical expenses that are associated 8
with the rape and resulting pregnancy; and (b) child support for any 9
child born as a result of the rape if child support is ordered 10
pursuant to a civil superior court or administrative order for 11
support for that child. The clerk must forward any restitution 12
payments made on behalf of the victim's child to the Washington state 13
child support registry under chapter 26.23 RCW. Identifying 14
information about the victim and child shall not be included in the 15
order. The offender shall receive a credit against any obligation 16
owing under the administrative or superior court order for support of 17
the victim's child. For the purposes of this subsection, the offender 18
shall remain under the court's jurisdiction until the offender has 19
satisfied support obligations under the superior court or 20
administrative order for the period provided in RCW 4.16.020 or a 21
maximum term of 25 years following the offender's release from total 22
confinement or 25 years subsequent to the entry of the judgment and 23
sentence, whichever period is longer. The court may not reduce the 24
total amount of restitution ordered because the offender may lack the 25
ability to pay the total amount. The department shall supervise the 26
offender's compliance with the restitution ordered under this 27
subsection. 28
(7) Regardless of the provisions of subsections (1) through (6) 29
of this section, the 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 court does not order 32
restitution and the victim of the crime has been determined to be 33
entitled to benefits under the crime victims' compensation act, the 34
department of labor and industries, as administrator of the crime 35
victims' compensation program, may petition the court within one year 36
of entry of the judgment and sentence for entry of a restitution 37
order. Upon receipt of a petition from the department of labor and 38
industries, the court shall hold a restitution hearing and shall 39
enter a restitution order. 40
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(8) In addition to any sentence that may be imposed, an offender 1
who has been found guilty of an offense involving fraud or other 2
deceptive practice or an organization which has been found guilty of 3
any such offense may be ordered by the sentencing court to give 4
notice of the conviction to the class of persons or to the sector of 5
the public affected by the conviction or financially interested in 6
the subject matter of the offense by mail, by advertising in 7
designated areas or through designated media, or by other appropriate 8
means. 9
(9) This section does not limit civil remedies or defenses 10
available to the victim, survivors of the victim, or offender 11
including support enforcement remedies for support ordered under 12
subsection (6) of this section for a child born as a result of a rape 13
of a child victim. The court shall identify in the judgment and 14
sentence the victim or victims entitled to restitution and what 15
amount is due each victim. The state or victim may enforce the court-16
ordered restitution in the same manner as a judgment in a civil 17
action. Restitution collected through civil enforcement must be paid 18
through the registry of the court and must be distributed 19
proportionately according to each victim's loss when there is more 20
than one victim. 21
(10) If a person has caused a victim to lose money or property 22
through the filing of a vehicle report of sale in which the 23
designated buyer had no knowledge of the vehicle transfer or the 24
fraudulent filing of the report of sale, upon conviction or when the 25
offender pleads guilty and agrees with the prosecutor's 26
recommendation that the offender be required to pay restitution to a 27
victim, the court may order the defendant to pay an amount, fixed by 28
the court, not to exceed double the amount of the defendant's gain or 29
victim's loss from the filing of the vehicle report of sale in which 30
the designated buyer had no knowledge of the vehicle transfer or the 31
fraudulent filing of the report of sale. Such an amount may be used 32
to provide restitution to the victim at the order of the court. It is 33
the duty of the prosecuting attorney to investigate the alternative 34
of restitution, and to recommend it to the court, when the 35
prosecuting attorney believes that restitution is appropriate and 36
feasible. If the court orders restitution, the court must make a 37
finding as to the amount of the victim's loss due to the filing of 38
the report of sale in which the designated buyer had no knowledge of 39
the vehicle transfer or the fraudulent filing of the report of sale, 40
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and if the record does not contain sufficient evidence to support 1
such finding, the court may conduct a hearing upon the issue. For 2
purposes of this section, "loss" refers to the amount of money or the 3
value of property or services lost. 4
Sec. 4. RCW 9.92.060 and 2023 c 449 s 7 are each amended to read 5
as follows: 6
(1) Whenever any person is convicted of any crime except murder, 7
burglary in the first degree, arson in the first degree, robbery, 8
rape of a child, or rape, the superior court may, in its discretion, 9
at the time of imposing sentence upon such person, direct that such 10
sentence be stayed and suspended until otherwise ordered by the 11
superior court, and, upon such terms as the superior court may 12
determine, that the sentenced person be placed under the charge of:13
(a) A community corrections officer employed by the department of 14
corrections, if the person is subject to supervision under RCW 15
9.94A.501 or 9.94A.5011; or 16
(b) A probation officer employed or contracted for by the county, 17
if the county has elected to assume responsibility for the 18
supervision of superior court misdemeanant probationers.19
(2) As a condition to suspension of sentence, the superior court 20
may require the convicted person to make such monetary payments, on 21
such terms as the superior court deems appropriate under the 22
circumstances, as are necessary: (a) To comply with any order of the 23
court for the payment of family support; (b) to make restitution to 24
any person or persons who may have suffered loss or damage by reason 25
of the commission of the crime in question or when the offender 26
pleads guilty to a lesser offense or fewer offenses and agrees with 27
the prosecutor's recommendation that the offender be required to pay 28
restitution to a victim of an offense or offenses which are not 29
prosecuted pursuant to a plea agreement; (c) to pay any fine imposed 30
and not suspended and the court or other costs incurred in the 31
prosecution of the case, including reimbursement of the state for 32
costs of extradition if return to this state by extradition was 33
required; and (d) to contribute to a county or interlocal drug fund.34
(3) At any time, including at sentencing, the court may determine 35
that the offender is not required to pay, or may relieve the offender 36
of the requirement to pay, full or partial restitution and accrued 37
interest on restitution where the entity to whom restitution is owed 38
is an insurer or a state agency, except for restitution owed to the 39
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department of labor and industries under chapter 7.68 RCW and 1
postsecondary institutions as defined in RCW 28B.10.016, if the court 2
finds that the offender does not have the current or likely future 3
ability to pay. A person does not have the current ability to pay if 4
the person is indigent as defined in RCW 10.01.160(3). For the 5
purposes of this subsection, the terms "insurer" and "state agency" 6
have the same meanings as provided in RCW 9.94A.750(3).7
(4) As a condition of the suspended sentence, the superior court 8
may order the probationer to report to the secretary of corrections 9
or such officer as the secretary may designate and as a condition of 10
the probation to follow the instructions of the secretary. If the 11
county legislative authority has elected to assume responsibility for 12
the supervision of superior court misdemeanant probationers within 13
its jurisdiction, the superior court misdemeanant probationer shall 14
report to a probation officer employed or contracted for by the 15
county. In cases where a superior court misdemeanant probationer is 16
sentenced in one county, but resides within another county, there 17
must be provisions for the probationer to report to the agency having 18
supervision responsibility for the probationer's county of residence.19
(5) If restitution to the victim has been ordered under 20
subsection (2)(b) of this section and the superior court has ordered 21
supervision, the officer supervising the probationer shall make a 22
reasonable effort to ascertain whether restitution has been made as 23
ordered. If the superior court has ordered supervision and 24
restitution has not been made, the officer shall inform the 25
prosecutor of that violation of the terms of the suspended sentence 26
not less than three months prior to the termination of the suspended 27
sentence. 28
Sec. 5. RCW 9.95.210 and 2023 c 449 s 11 are each amended to 29
read as follows: 30
(1)(a) Except as provided in (b) of this subsection in granting 31
probation, the superior court may suspend the imposition or the 32
execution of the sentence and may direct that the suspension may 33
continue upon such conditions and for such time as it shall 34
designate, not exceeding the maximum term of sentence or two years, 35
whichever is longer. 36
(b) For a defendant sentenced for a domestic violence offense, or 37
under RCW 46.61.5055, the superior court may suspend the imposition 38
or the execution of the sentence and may direct that the suspension 39
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continue upon such conditions and for such time as the court shall 1
designate, not to exceed five years. The court shall have continuing 2
jurisdiction and authority to suspend the execution of all or any 3
part of the sentence upon stated terms, including installment payment 4
of fines. A defendant who has been sentenced, and who then fails to 5
appear for any hearing to address the defendant's compliance with the 6
terms of probation when ordered to do so by the court shall have the 7
term of probation tolled until such time as the defendant makes his 8
or her presence known to the court on the record. Any time before 9
entering an order terminating probation, the court may modify or 10
revoke its order suspending the imposition or execution of the 11
sentence if the defendant violates or fails to carry out any of the 12
conditions of the suspended sentence. 13
(2) In the order granting probation and as a condition thereof, 14
the superior court may in its discretion imprison the defendant in 15
the county jail for a period not exceeding one year and may fine the 16
defendant any sum not exceeding the statutory limit for the offense 17
committed, and court costs. As a condition of probation, the superior 18
court may require the defendant to make such monetary payments, on 19
such terms as it deems appropriate under the circumstances, as are 20
necessary: (a) To comply with any order of the court for the payment 21
of family support; (b) to make restitution to any person or persons 22
who may have suffered loss or damage by reason of the commission of 23
the crime in question or when the offender pleads guilty to a lesser 24
offense or fewer offenses and agrees with the prosecutor's 25
recommendation that the offender be required to pay restitution to a 26
victim of an offense or offenses which are not prosecuted pursuant to 27
a plea agreement; (c) to pay such fine as may be imposed and court 28
costs, including reimbursement of the state for costs of extradition 29
if return to this state by extradition was required; (d) following 30
consideration of the financial condition of the person subject to 31
possible electronic monitoring, to pay for the costs of electronic 32
monitoring if that monitoring was required by the court as a 33
condition of release from custody or as a condition of probation; (e) 34
to contribute to a county or interlocal drug fund; and (f) to make 35
restitution to a public agency for the costs of an emergency response 36
under RCW 38.52.430, and may require bonds for the faithful 37
observance of any and all conditions imposed in the probation.38
(3) The superior court shall order restitution in all cases where 39
the victim is entitled to benefits under the crime victims' 40
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compensation act, chapter 7.68 RCW. If the superior court does not 1
order restitution and the victim of the crime has been determined to 2
be entitled to benefits under the crime victims' compensation act, 3
the department of labor and industries, as administrator of the crime 4
victims' compensation program, may petition the superior court within 5
one year of imposition of the sentence for entry of a restitution 6
order. Upon receipt of a petition from the department of labor and 7
industries, the superior court shall hold a restitution hearing and 8
shall enter a restitution order. 9
(4) At any time, including at sentencing, the court may determine 10
that the offender is not required to pay, or may relieve the offender 11
of the requirement to pay, full or partial restitution and accrued 12
interest on restitution where the entity to whom restitution is owed 13
is an insurer or a state agency, except for restitution owed to the 14
department of labor and industries under chapter 7.68 RCW and 15
postsecondary institutions as defined in RCW 28B.10.016, if the court 16
finds that the offender does not have the current or likely future 17
ability to pay. A person does not have the current ability to pay if 18
the person is indigent as defined in RCW 10.01.160(3). For the 19
purposes of this subsection, the terms "insurer" and "state agency" 20
have the same meanings as provided in RCW 9.94A.750(3).21
(5) In granting probation, the superior court may order the 22
probationer to report to the secretary of corrections or such officer 23
as the secretary may designate and as a condition of the probation to 24
follow the instructions of the secretary for up to twelve months. If 25
the county legislative authority has elected to assume responsibility 26
for the supervision of superior court misdemeanant probationers 27
within its jurisdiction, the superior court misdemeanant probationer 28
shall report to a probation officer employed or contracted for by the 29
county. In cases where a superior court misdemeanant probationer is 30
sentenced in one county, but resides within another county, there 31
must be provisions for the probationer to report to the agency having 32
supervision responsibility for the probationer's county of residence.33
(6) If the probationer has been ordered to make restitution and 34
the superior court has ordered supervision, the officer supervising 35
the probationer shall make a reasonable effort to ascertain whether 36
restitution has been made. If the superior court has ordered 37
supervision and restitution has not been made as ordered, the officer 38
shall inform the prosecutor of that violation of the terms of 39
probation not less than three months prior to the termination of the 40
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probation period. The secretary of corrections will promulgate rules 1
and regulations for the conduct of the person during the term of 2
probation. For defendants found guilty in district court, like 3
functions as the secretary performs in regard to probation may be 4
performed by probation officers employed for that purpose by the 5
county legislative authority of the county wherein the court is 6
located. 7
(7) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to 8
sentences imposed under this section. 9
(8) For purposes of this section, "domestic violence" means the 10
same as in RCW 10.99.020. 11
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