RCW 10.82.010
Execution for fines and costs.
Upon a judgment for fine and costs, and for all adjudged costs, execution shall be issued against the property of the defendant, and returned in the same manner as in civil actions.
[Code 1881 s 1120;
1873 p 242 s 278
;
1854 p 123 s 142
; RRS s 2201.]
NOTES:
Judgments a lien on realty: RCW 10.64.080
.
RCW 10.82.020
Stay of execution for sixty days on recognizance.
Every defendant against whom a judgment has been rendered for fine and costs, may stay the execution for the fine assessed and costs for sixty days from the rendition of the judgment, by procuring one or more sufficient sureties, to enter into a recognizance in open court, acknowledging themselves to be bail for such fine and costs.
[Code 1881 s 1123;
1873 p 242 s 281
;
1854 p 124 s 145
; RRS s 2204. FORMER PART OF SECTION: Code 1881 s 1124;
1873 p 243 s 282
;
1854 p 124 s 146
; RRS s 2205, now codified as RCW 10.82.025
.]
RCW 10.82.025
Effect of recognizance
—
Execution of judgment after sixty days.
Such sureties shall be approved by the clerk, and the entry of the recognizance shall be written immediately following the judgment, and signed by the bail, and shall have the same effect as a judgment, and if the fine or costs be not paid at the expiration of the sixty days, a joint execution shall issue against the defendant and the bail, and an execution against the body of the defendant, who shall be committed to jail, to be released as provided in *this act, in committal for default to pay or secure the fine and costs.
[Code 1881 s 1124;
1873 p 243 s 282
;
1854 p 124 s 146
; RRS s 2205. Formerly RCW 10.82.020, part.]
NOTES:
*Reviser's note:
The term "this act" apparently refers to "An act to regulate the practice and pleadings in prosecutions for crimes" first enacted by Laws of 1854, page 100.
RCW 10.82.030
Commitment for failure to pay fine and costs
—
Execution against defendant's property
—
Reduction by payment, labor, or confinement.
If any person ordered into custody until the fine and costs adjudged against him or her be paid shall not, within five days, pay, or cause the payment of the same to be made, the clerk of the court shall issue a warrant to the sheriff commanding him or her to imprison such defendant in the county jail until the amount of such fine and costs owing are paid. Execution may at any time issue against the property of the defendant for that portion of such fine and costs not reduced by the application of this section. The amount of such fine and costs owing shall be the whole of such fine and costs reduced by the amount of any portion thereof paid, and an amount established by the county legislative authority for every day the defendant performs labor as provided in RCW 10.82.040, and a lesser amount established by the county legislative authority for every day the defendant does not perform such labor while imprisoned.
[
2010 c 8 s 1064
;
1991 c 183 s 1
;
1983 c 276 s 2
;
1967 c 200 s 4
;
1891 c 28 s 84
; 1883 p 38 s 1, part; Code 1881 s 1125;
1873 p 243 s 283
;
1854 p 124 s 147
; RRS s 2206. Formerly RCW 10.82.030
and
10.82.050
.]
NOTES:
Severability
—
1967 c 200:
See note following RCW 9.45.122
.
Commitment until fines and costs are paid: RCW 10.70.010
.
Fine and costs, liability of defendant, collection procedure, contempt, commitment, execution: RCW 10.01.160
through
10.01.180
.
RCW 10.82.040
Commitment for failure to pay fine and costs
—
Reduction of amount by performance of labor.
When a defendant is committed to jail, on failure to pay any fines and costs, he or she shall, under the supervision of the county sheriff and subject to the terms of any ordinances adopted by the county commissioners, be permitted to perform labor to reduce the amount owing of the fine and costs.
[
2010 c 8 s 1065
;
1967 c 200 s 5
; 1883 p 38 s 1, part; Code 1881 s 1129;
1877 p 206 s 8
;
1873 p 243 s 287
;
1854 p 124 s 151
; RRS s 2209, part.]
NOTES:
Severability
—
1967 c 200:
See note following RCW 9.45.122
.
RCW 10.82.070
Disposition of monetary payments.
(1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued.
(2) Except as provided in RCW 9A.88.120
and
10.99.080, the county treasurer shall remit monthly thirty-two percent of the money received under this section except for certain costs to the state treasurer for deposit in the state general fund and shall deposit the remainder as provided by law. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010
or
36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or
36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation or to RCW 7.68.035
.
(3) All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter
3.62
RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
[
2012 c 136 s 6
;
2012 c 134 s 8
;
2009 c 479 s 13
;
2004 c 15 s 6
;
1995 c 292 s 3
;
1988 c 169 s 5
;
1987 c 202 s 169
;
1985 c 389 s 7
;
1984 c 258 s 313
;
1969 ex.s. c 199 s 11
;
1967 c 122 s 1
;
1965 c 158 s 16
;
1919 c 30 s 1
;
1909 p 323 s 9
;
1897 c 118 s 113
;
1895 c 68 s 1
;
1890 p 383 s 89
;
1886 p 20 s 58
; Code 1881 s 3211;
1873 p 421 s 3
; RRS s 4940. Formerly codified as RCW 9.01.140
.]
NOTES:
Effective date
—
2009 c 479:
See note following RCW 2.56.030
.
Intent
—
2004 c 15:
See note following RCW 10.99.080
.
Intent
—
1987 c 202:
See note following RCW 2.04.190
.
Effective date
—
1985 c 389:
See note following RCW 27.24.070
.
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Intent
—
1984 c 258:
See note following RCW 3.34.130
.
RCW 10.82.080
Unlawful receipt of public assistance
—
Deduction from subsequent assistance payments
—
Restitution payments.
(1) When a superior court has, as a condition of the sentence for a person convicted of the unlawful receipt of public assistance, ordered restitution to the state of that overpayment or a portion thereof:
(a) The department of social and health services shall deduct the overpayment from subsequent assistance payments as provided in RCW 43.20B.630, when the person is receiving public assistance; or
(b) Ordered restitution payments may be made at the direction of the court to the clerk of the appropriate county or directly to the department of social and health services when the person is not receiving public assistance.
(2) However, if payments are received by the county clerk, each payment shall be transmitted to the department of social and health services within forty-five days after receipt by the county.
[
1987 c 75 s 2
;
1985 c 245 s 2
;
1982 c 201 s 1
.]
NOTES:
Savings
—
1987 c 75:
See RCW 43.20B.900
.
RCW 10.82.090
Interest on judgments
—
Disposition of nonrestitution interest.
(1) Except as provided in subsections (2) and (3) of this section and RCW 3.50.100, 3.62.020, and
35.20.220, restitution imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments. As of June 7, 2018, no interest shall accrue on nonrestitution legal financial obligations. All nonrestitution interest retained by the court shall be split 25 percent to the state treasurer for deposit in the state general fund, 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, 25 percent to the county current expense fund, and 25 percent to the county current expense fund to fund local courts.
(2) The court may elect not to impose interest on any restitution the court orders. Before determining not to impose interest on restitution, the court shall inquire into and consider the following factors: (a) Whether the offender is indigent as defined in RCW 10.01.160
(3) or general rule 34; (b) the offender's available funds, as defined in RCW 10.101.010
(2), and other liabilities including child support and other legal financial obligations; (c) whether the offender is homeless; and (d) whether the offender is mentally ill, as defined in RCW 71.24.025
. The court shall also consider the victim's input, if any, as it relates to any financial hardship caused to the victim if interest is not imposed. The court may also consider any other information that the court believes, in the interest of justice, relates to not imposing interest on restitution. After consideration of these factors, the court may waive the imposition of restitution interest.
(3) The court may, on motion by the offender, reduce or waive the interest on legal financial obligations levied as a result of a criminal conviction as follows:
(a) The court shall waive all interest on the portions of the legal financial obligations that are not restitution that accrued prior to June 7, 2018;
(b) The court may waive or reduce interest on the restitution portion of the legal financial obligations only if the principal has been paid in full, except as provided in (c) of this subsection. The court may grant the motion, establish a payment schedule, and retain jurisdiction over the offender for purposes of reviewing and revising the reduction or waiver of interest;
(c) The court may, following the offender's release from total confinement, waive or reduce interest on restitution that accrued during the offender's period of incarceration if the court finds that the offender does not have the current or likely future ability to pay. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160
(3). The prosecuting attorney shall make reasonable efforts to notify the victim entitled to restitution of the date and place of the hearing. The court shall also consider the victim's input, if any, as it relates to any financial hardship caused to the victim if interest is reduced or waived.
(4) This section only applies to adult offenders.
[
2023 c 449 s 13
;
2022 c 260 s 12
;
2018 c 269 s 1
;
2015 c 265 s 23
;
2011 c 106 s 2
;
2009 c 479 s 14
;
2004 c 121 s 1
;
1995 c 291 s 7
;
1989 c 276 s 3
.]
NOTES:
Effective date
—
2023 c 449:
See note following RCW 13.40.058
.
Construction
—
Effective date
—
2022 c 260:
See notes following RCW 3.66.120
.
Construction
—
2018 c 269:
"Nothing in this act requires the courts to refund or reimburse amounts previously paid towards legal financial obligations or interest on legal financial obligations." [
2018 c 269 s 20
.]
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
Finding
—
2011 c 106:
"(1) The legislature finds that it is in the interest of the public to promote the reintegration into society of individuals convicted of crimes. Research indicates that legal financial obligations may constitute a significant barrier to successful reintegration. The legislature further recognizes that the accrual of interest on nonrestitution debt during the term of incarceration results in many individuals leaving prison with insurmountable debt. These circumstances make it less likely that restitution will be paid in full and more likely that former offenders and their families will remain in poverty. In order to foster reintegration, this act creates a mechanism for courts to eliminate interest accrued on nonrestitution debt during incarceration and improves incentives for payment of legal financial obligations.
(2) At the same time, the legislature believes that payment of legal financial obligations is an important part of taking personal responsibility for one's actions. The legislature therefore, supports the efforts of county clerks in taking collection action against those who do not make a good faith effort to pay." [
2011 c 106 s 1
.]
Effective date
—
2009 c 479:
See note following RCW 2.56.030
.
Severability
—
1989 c 276:
See note following RCW 9.95.062
.