S-1268.2
SUBSTITUTE SENATE BILL 5474
State of Washington 68th Legislature 2023 Regular Session
By Senate Human Services (originally sponsored by Senators Frame,
Trudeau, Kuderer, Lovelett, Nguyen, Saldaña, and C. Wilson)
READ FIRST TIME 02/10/23.
1 AN ACT Relating to decreasing barriers to successful community
2 participation for individuals involved in the juvenile justice
3 system; amending RCW 13.40.---, 6.17.020, 7.68.035, 7.68.120,
4 10.01.160, 13.40.020, 13.40.020, 13.40.060, 13.40.060, 13.40.077,
5 13.40.080, 13.40.080, 13.40.127, 13.40.150, 13.40.162, 13.40.162,
6 13.40.165, 13.40.165, 13.40.180, 13.40.190, 13.40.190, 13.40.200,
7 13.40.200, 13.40.205, 13.40.205, 13.40.210, 13.40.210, 13.40.250,
8 13.40.308, 13.40.308, 13.40.510, 13.50.260, 13.50.260, 13.50.270, and
9 43.43.7541; reenacting and amending RCW 13.40.020 and 13.40.020;
10 adding new sections to chapter 13.40 RCW; creating new sections;
11 repealing RCW 13.40.056, 13.40.085, 13.40.192, 13.40.198, 13.40.610,
12 and 13.40.640; providing effective dates; providing contingent
13 effective dates; providing expiration dates; and providing contingent
14 expiration dates.
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
16 NEW SECTION. Sec. 1. (1) The legislature finds that:
17 (a) The goal of the juvenile justice system should be to protect
18 public safety by providing meaningful opportunity for rehabilitation.
19 Outstanding legal financial obligations represent a significant
20 obstacle for youth and emerging adults trying to rebuild their lives
21 after involvement with the juvenile justice system. The consequences
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 1 of legal financial obligations for youth impact their ability to
2 access education, find and keep work, and to remain stably housed –
3 all key indicators of success and statistically important factors in
4 reducing recidivism.
5 (b) Despite significant reforms, thousands of youth impacted by
6 the juvenile justice system are struggling to pay legal financial
7 obligations and other costs, and very few victims receive the
8 restitution ordered by juvenile courts.
9 (c) Decades of research in Washington and around the country has
10 found that legal financial obligations fall disproportionately on
11 black, indigenous, low-income, and rural communities and communities
12 of color. These disproportionate harms are unacceptable in any
13 context, but especially well documented in juvenile court. Legal
14 financial obligations are also expensive to collect, an unstable
15 source of government revenue, and undermine trust in courts that may
16 seem to operate as tax collectors. Because juveniles do not have the
17 means to pay, only a small percentage of juvenile restitution is
18 collected and in turn, victims rarely see any compensation. Making
19 people whole should be a guiding principle of any juvenile court
20 system, while acknowledging that society bears some responsibility
21 for harm done by individual young people.
22 (d) Eliminating juvenile legal financial obligations and creating
23 a community compensation program will better serve victims, increase
24 racial and socioeconomic equity in Washington, improve public safety,
25 and help to support young people and families involved in the
26 juvenile system.
27 (2) Therefore, the legislature finds and declares that the
28 purpose of this act is to:
29 (a) Eliminate fines, administrative fees, costs, and surcharges;
30 and
31 (b) Convene a task force to develop a plan for replacing the
32 juvenile restitution system with a state-funded community
33 compensation program by July 1, 2025, in order to improve access to
34 resources for victims and decrease barriers to successful reentry and
35 rehabilitation amongst youth previously involved in the juvenile
36 justice system.
37 NEW SECTION. Sec. 2. A new section is added to chapter 13.40
38 RCW to read as follows:
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1 No fine, administrative fee, cost, or surcharge may be imposed or
2 collected by the court or any agent of the court against any juvenile
3 or a juvenile's parent or guardian, or other person having custody of
4 the juvenile, in connection with any juvenile offender proceeding
5 including, but not limited to, fees for diversion, DNA sampling, or
6 victims' penalty assessments. Victims may collect compensation
7 through the community compensation program as provided in section 5
8 of this act.
9 Sec. 3. RCW 13.40.--- and 2023 c . . . s 2 (section 2 of this
10 act) are each amended to read as follows:
11 No fine, administrative fee, cost, ((or)) surcharge, or
12 restitution may be imposed or collected by the court or any agent of
13 the court against any juvenile or a juvenile's parent or guardian, or
14 other person having custody of the juvenile, in connection with any
15 juvenile offender proceeding including, but not limited to, fees for
16 diversion, DNA sampling, or victims' penalty assessments. Victims may
17 collect compensation through the community compensation program as
18 provided in section 5 of this act.
19 NEW SECTION. Sec. 4. A new section is added to chapter 13.40
20 RCW to read as follows:
21 (1) On or before the effective date of this section, the juvenile
22 court prosecutor shall coordinate with the clerk and other
23 appropriate entities to develop a list of all outstanding legal
24 financial obligations under sections repealed by this act. The
25 prosecutor shall include legal financial obligations owing to
26 private, third-party agencies with whom the courts or local
27 jurisdictions have contractual relationships for the collection of
28 legal financial obligations, the department of children, youth, and
29 families, and other private entities to the extent those amounts are
30 known or readily ascertainable, or if the person subject to the legal
31 financial obligations has provided the prosecutor with documentation
32 of legal financial obligation amounts owed to private entities.
33 (2) The prosecutor shall file an ex parte motion to waive any
34 outstanding legal financial obligations for which the underlying
35 statutory authority was repealed by this act, as well as the former
36 RCW 13.40.220 and 13.16.085, within one year of the relevant
37 effective date. The prosecuting attorney is not required to notify
38 the defendant of the motion, and the court shall consider a motion
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 1 under this section without requiring the presence of the prosecuting
2 attorney or defendant.
3 (3) If a judgment was entered after the expiration of juvenile
4 court jurisdiction pursuant to RCW 13.40.190 and 13.40.192, the court
5 shall direct the clerk to satisfy the judgment.
6 (4) On or before September 1, 2024, and in compliance with RCW
7 43.01.036, the administrative office of the courts shall report to
8 the relevant committees of the legislature the number of judgments
9 and orders vacated or partially vacated pursuant to this section in
10 each judicial district and the amount of the balances waived in each
11 judicial district.
12 (5) On or before September 1, 2023, and annually thereafter, the
13 administrative office of the courts shall, in compliance with RCW
14 43.01.036, report to the relevant committees of the legislature the
15 total amount assessed to and collected from all individuals charged
16 in superior court and other courts of limited jurisdiction, in fees,
17 court costs, fines, and restitution. This annual report shall include
18 information about total amounts assessed and collected, disaggregated
19 by the defendants' age at the time of adjudication, race, gender,
20 legal financial obligation type, and charging court.
21 NEW SECTION. Sec. 5. A new section is added to chapter 13.40
22 RCW to read as follows:
23 (1) The department of labor and industries is directed to convene
24 and staff a community compensation task force. The purpose of the
25 task force is to address the elimination of juvenile restitution
26 required by section 3 of this act and the compensation of parties
27 harmed by juveniles. Core considerations for the task force should be
28 reliant on restorative principles and best practices. The task force
29 shall hold its first meeting on or before October 1, 2023. A final
30 implementation plan must be submitted on or before October 1, 2024,
31 to the appropriate committees of the legislature. The final
32 implementation plan must be published and must include:
33 (a) A description of the decision-making structure recommended by
34 the task force;
35 (b) Details on the infrastructure of the community compensation
36 program created in this section to compensate parties harmed by
37 juveniles including, but not limited to, how the program shall
38 operate within the department of labor and industries, and an
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 1 estimate of the administrative cost required to maintain the program
2 including the salaries of any necessary staff;
3 (c) A process for victims, potentially including those who do not
4 meet the current statutory definition of "victim," to participate in
5 the community compensation program, including details of the
6 application and disbursement process, which must:
7 (i) Ensure individuals may participate in the compensation
8 program regardless of their legal status;
9 (ii) Guarantee, to the greatest extent possible, the anonymity of
10 those participating in the compensation program;
11 (iii) Not require a court order for victims to participate in the
12 compensation program;
13 (iv) Limit, to the greatest extent possible, the amount of
14 documentation required to participate in the program and the
15 administrative burden on individuals seeking payment;
16 (v) Consider capping amounts and types of costs that are eligible
17 for compensation; and
18 (vi) Consider critically the ability of government entities,
19 corporations, insurance companies, and other nonindividual victims to
20 participate in the compensation program with individual victims
21 having priority access;
22 (d) A process for determining the eligibility of parties who may
23 try to participate in the program. It is the intention of the
24 legislature that the community compensation program be accessible to
25 the broadest possible number of victims, and that participation in
26 the program does not require an adjudication or an order from the
27 court; and
28 (e) Standards and practices for calculating the amount of
29 compensation individual applicants may receive.
30 (2) The community compensation task force representatives shall
31 be selected by the department of labor and industries, and shall
32 include:
33 (a) Three people who were ordered to pay juvenile legal financial
34 obligations, either as juveniles or parents or guardians;
35 (b) Three people who were ordered to receive restitution payments
36 from a respondent;
37 (c) One representative from a statewide coalition focused on
38 legal financial obligations and youth justice;
39 (d) One representative from a civil society organization focused
40 on legal financial obligation reform;
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 1 (e) One member of the Washington state partnership council on
2 juvenile justice;
3 (f) One public defender specializing in juvenile law;
4 (g) One juvenile court judge;
5 (h) One prosecutor specializing in juvenile law;
6 (i) One county clerk or juvenile court administrator;
7 (j) One member of the Washington state supreme court minority and
8 justice commission;
9 (k) One individual with expertise in restorative justice
10 practices or expertise in community compensation programs;
11 (l) One representative from the department of children, youth,
12 and families; and
13 (m) One representative from the administrative office of the
14 courts.
15 (3) Upon submission of the implementation plan, the task force
16 may be convened by the director of labor and industries as needed to
17 consult with the department of labor and industries regarding
18 implementation of the task force's recommendations.
19 NEW SECTION. Sec. 6. A new section is added to chapter 13.40
20 RCW to read as follows:
21 (1) Within funds appropriated for this specific purpose, the
22 community compensation program is created in and will be operated by
23 the department of labor and industries. The director of labor and
24 industries is authorized to receive private contributions and funds
25 from other sources for this program.
26 (2) Consistent with the recommendations of the community
27 compensation task force established in section 5 of this act, the
28 community compensation program will provide compensation to victims
29 of juvenile offenses. The department of labor and industries is
30 authorized to work with community-based organizations or third-party
31 vendors to operate the community compensation program.
32 (3) The department of labor and industries shall implement the
33 recommendations of the community compensation task force to the
34 greatest extent feasible on or before July 1, 2025.
35 (4) The department of labor and industries may adopt rules
36 necessary to implement this section.
37 NEW SECTION. Sec. 7. A new section is added to chapter 13.40
38 RCW to read as follows:
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1 The community compensation account is created in the custody of
2 the state treasurer. Expenditures from the account may be used only
3 for the community compensation program created in section 6 of this
4 act. Only the director of the department of labor and industries or
5 the director's designee may authorize expenditures from the account.
6 Sec. 8. RCW 6.17.020 and 2022 c 260 s 5 are each amended to read
7 as follows:
8 (1) Except as provided in subsections (2), (3), and (4) of this
9 section, the party in whose favor a judgment of a court has been or
10 may be filed or rendered, or the assignee or the current holder
11 thereof, may have an execution, garnishment, or other legal process
12 issued for the collection or enforcement of the judgment at any time
13 within 10 years from entry of the judgment or the filing of the
14 judgment in this state.
15 (2) After July 23, 1989, a party who obtains a judgment or order
16 of a court or an administrative order entered as defined in RCW
17 74.20A.020(6) for accrued child support, or the assignee or the
18 current holder thereof, may have an execution, garnishment, or other
19 legal process issued upon that judgment or order at any time within
20 10 years of the 18th birthday of the youngest child named in the
21 order for whom support is ordered.
22 (3) After June 9, 1994, a party in whose favor a judgment has
23 been filed as a foreign judgment or rendered pursuant to subsection
24 (1) or (4) of this section, or the assignee or the current holder
25 thereof, may, within 90 days before the expiration of the original
26 10-year period, apply to the court that rendered the judgment or to
27 the court where the judgment was filed as a foreign judgment for an
28 order granting an additional 10 years during which an execution,
29 garnishment, or other legal process may be issued. If a district
30 court judgment of this state is transcribed to a superior court of
31 this state, the original district court judgment shall not be
32 extended and any petition under this section to extend the judgment
33 that has been transcribed to superior court shall be filed in the
34 superior court within 90 days before the expiration of the 10-year
35 period of the date the transcript of the district court judgment was
36 filed in the superior court of this state. The petitioner shall pay
37 to the court a filing fee equal to the filing fee for filing the
38 first or initial paper in a civil action in the court, except in the
39 case of district court judgments transcribed to superior court, where
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 1 the filing fee shall be the fee for filing the first or initial paper
2 in a civil action in the superior court where the judgment was
3 transcribed. The order granting the application shall contain an
4 updated judgment summary as provided in RCW 4.64.030. The filing fee
5 required under this subsection shall be included in the judgment
6 summary and shall be a recoverable cost. The application shall be
7 granted as a matter of right, subject to review only for timeliness,
8 factual issues of full or partial satisfaction, or errors in
9 calculating the judgment summary amounts.
10 (4)(a) A party who obtains a judgment or order for restitution
11 pursuant to a criminal judgment and sentence against an adult
12 defendant, or the assignee or the current holder thereof, may
13 execute, garnish, and/or have legal process issued upon the judgment
14 or order any time within 10 years subsequent to the entry of the
15 judgment and sentence or 10 years following the adult offender's
16 release from total confinement as provided in chapter 9.94A RCW. The
17 clerk of (([the])) the superior court, or a party designated by the
18 clerk, may se