This section applies to
offenses committed on or before July 1, 1985.
(1) If restitution is ordered, the court shall determine the
amount of restitution due at the sentencing hearing or within one
hundred eighty days. The court may continue the hearing beyond
the one hundred eighty days for good cause. The court shall then
set a minimum monthly payment that the offender is required to
make towards the restitution that is ordered. The court should
take into consideration the total amount of the restitution owed,
the offender's present, past, and future ability to pay, as well
as any assets that the offender may have.
(2) During the period of supervision, the community
corrections officer may examine the offender to determine if
there has been a change in circumstances that warrants an
amendment of the monthly payment schedule. The community
corrections officer may recommend a change to the schedule of
payment and shall inform the court of the recommended change and
the reasons for the change. The sentencing court may then reset
the monthly minimum payments based on the report from the
community corrections officer of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction
shall be based on easily ascertainable damages for injury to or
loss of property, actual expenses incurred for treatment for
injury to persons, and lost wages resulting from injury.
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible losses,
but may include the costs of counseling reasonably related to the
offense. The amount of restitution shall not exceed double the
amount of the offender's gain or the victim's loss from the
commission of the offense.
(4) For the purposes of this section, the offender shall
remain under the court's jurisdiction for a term of ten years
following the offender's release from total confinement or ten
years subsequent to the entry of the judgment and sentence,
whichever period is longer. Prior to the expiration of the
initial ten-year period, the superior court may extend
jurisdiction under the criminal judgment an additional ten years
for payment of restitution. The portion of the sentence
concerning restitution may be modified as to amount, terms and
conditions during either the initial ten-year period or
subsequent ten-year period if the criminal judgment is extended,
regardless of the expiration of the offender's term of community
supervision and regardless of the statutory maximum sentence for
the crime. The court may not reduce the total amount of
restitution ordered because the offender may lack the ability to
pay the total amount. The offender's compliance with the
restitution shall be supervised by the department only during any
period which the department is authorized to supervise the
offender in the community under RCW 9.94A.728, 9.94A.501, or in
which the offender is in confinement in a state correctional
institution or a correctional facility pursuant to a transfer
agreement with the department, and the department shall supervise
the offender's compliance during any such period. The department
is responsible for supervision of the offender only during
confinement and authorized supervision and not during any
subsequent period in which the offender remains under the court's
jurisdiction. The county clerk is authorized to collect unpaid
restitution at any time the offender remains under the
jurisdiction of the court for purposes of his or her legal
financial obligations.
(5) Restitution may be ordered whenever the offender is
convicted of an offense which results in injury to any person or
damage to or loss of property or as provided in subsection (6) of
this section. In addition, restitution may be ordered to pay for
an injury, loss, or damage if the offender pleads guilty to a
lesser offense or fewer offenses and agrees with the prosecutor's
recommendation that the offender be required to pay restitution
to a victim of an offense or offenses which are not prosecuted
pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the
first, second, or third degree, in which the victim becomes
pregnant, shall include: (a) All of the victim's medical
expenses that are associated with the rape and resulting
pregnancy; and (b) child support for any child born as a result
of the rape if child support is ordered pursuant to a proceeding
in superior court or administrative order for support for that
child. The clerk must forward any restitution payments made on
behalf of the victim's child to the Washington state child
support registry under chapter 26.23 RCW. Identifying
information about the victim and child shall not be included in
the order. The offender shall receive a credit against any
obligation owing under the administrative or superior court order
for support of the victim's child. For the purposes of this
subsection, the offender shall remain under the court's
jurisdiction until the offender has satisfied support obligations
under the superior court or administrative order but not longer
than a maximum term of twenty-five years following the offender's
release from total confinement or twenty-five years subsequent to
the entry of the judgment and sentence, whichever period is
longer. The court may not reduce the total amount of restitution
ordered because the offender may lack the ability to pay the
total amount. The department shall supervise the offender's
compliance with the restitution ordered under this subsection.
(7) In addition to any sentence that may be imposed, an
offender who has been found guilty of an offense involving fraud
or other deceptive practice or an organization which has been
found guilty of any such offense may be ordered by the sentencing
court to give notice of the conviction to the class of persons or
to the sector of the public affected by the conviction or
financially interested in the subject matter of the offense by
mail, by advertising in designated areas or through designated
media, or by other appropriate means.
(8) This section does not limit civil remedies or defenses
available to the victim or offender including support enforcement
remedies for support ordered under subsection (6) of this section
for a child born as a result of a rape of a child victim. The
court shall identify in the judgment and sentence the victim or
victims entitled to restitution and what amount is due each
victim. The state or victim may enforce the court-ordered
restitution in the same manner as a judgment in a civil action.
Restitution collected through civil enforcement must be paid
through the registry of the court and must be distributed
proportionately according to each victim's loss when there is
more than one victim.
[2003 c 379 § 15; 2000 c 28 § 32. Prior: 1997 c 121 § 3; 1997 c 52 § 1; 1995 c 231 § 1; 1994 c 271 § 601; 1989 c 252 § 5; 1987 c 281 § 3; 1982 c 192 § 5; 1981 c 137 § 14. Formerly RCW 9.94A.140.]
NOTES:
Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.
Intent -- Purpose -- 2003 c 379 §§ 13-27: See note following RCW 9.94A.760.
Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.
Retroactive application -- 1995 c 231 §§ 1 and 2: "Sections 1
and 2 of this act shall apply retroactively to allow courts to
set restitution in cases sentenced prior to July 23, 1995, if:
(1) The court failed to set restitution within sixty days of
sentencing as required by RCW 9.94A.140 prior to July 23, 1995;
(2) The defendant was sentenced no more than three hundred
sixty-five days before July 23, 1995; and
(3) The defendant is not unfairly prejudiced by the delay.
In those cases, the court may set restitution within one
hundred eighty days of July 23, 1995, or at a later hearing set
by the court for good cause." [1995 c 231 § 5.]
Purpose -- Severability -- 1994 c 271: See notes following RCW 9A.28.020.
Purpose -- Prospective application -- Effective dates -- Severability -- 1989 c 252: See notes following RCW 9.94A.030.
Effective date -- 1987 c 281: See note following RCW 7.68.020.