The bill amends various sections of Washington state law concerning legal financial obligations, particularly focusing on the enforcement and collection of costs, fees, and restitution linked to criminal judgments. A key provision states that any previously imposed judgments for costs, fees, and interest on restitution that have been eliminated or repealed by this act will no longer be enforceable after the effective date, and courts are prohibited from accepting payments for these obligations. The bill also allows courts to waive uncollectible portions of legal financial obligations upon motion by the offender, including accrued interest. Additionally, it clarifies the accrual of interest on penalties and fees, specifying that civil penalties will accrue interest at a rate of 12% per annum, while those imposed in criminal proceedings will not accrue interest as of June 7, 2018.
Furthermore, the bill introduces significant changes to the conditions surrounding restitution and the imposition of costs on defendants. It mandates that courts must determine an offender's ability to pay restitution at the time of sentencing and allows for the possibility of relieving offenders from payment obligations if they are found to be indigent. The bill eliminates fees for participation in work crew programs and monitoring, ensuring that offenders are not charged for these services. It also establishes that defendants cannot be ordered to pay costs unless specifically authorized by statute, and if a defendant is indigent, they cannot be ordered to pay costs. Overall, the legislation aims to streamline the management of legal financial obligations while considering the financial circumstances of offenders, enhancing fairness and effectiveness within the criminal justice system.
Statutes affected: Original bill: 3.50.100, 3.62.020, 3.62.040, 3.66.120, 6.17.020, 9.92.060, 9.94A.725, 9.94A.750, 9.94A.753, 9.94A.760, 9.95.210, 10.99.020, 10.01.170, 10.01.185, 10.05.140, 10.05.170, 10.64.015, 10.64.120, 10.82.070, 10.101.020, 35.20.220, 36.18.016, 36.18.020, 4.56.110, 7.68.035, 9.92.070, 9.94A.6333, 9.94B.040, 10.01.090, 9A.08.030, 43.79.505