(1) Except as provided in subsection
(2) of this section, financial obligations imposed in a judgment
shall bear interest from the date of the judgment until payment,
at the rate applicable to civil judgments. All nonrestitution
interest retained by the court shall be split twenty-five percent
to the state treasurer for deposit in the public safety and
education account as provided in RCW 43.08.250, twenty-five
percent to the state treasurer for deposit in the judicial
information system account as provided in RCW 2.68.020,
twenty-five percent to the county current expense fund, and
twenty-five percent to the county current expense fund to fund
local courts.
(2) The court may, on motion by the offender, following the
offender's release from total confinement, reduce or waive the
interest on legal financial obligations levied as a result of a
criminal conviction. The court may reduce or waive the interest
only as an incentive for the offender to meet his or her legal
financial obligations. The court may not waive the interest on
the restitution portion of the legal financial obligation and may
only reduce the interest on the restitution portion of the legal
financial obligation if the principal of the restitution has been
paid in full. The offender must show that he or she has
personally made a good faith effort to pay, that the interest
accrual is causing a significant hardship, and that he or she
will be unable to pay the principal and interest in full and that
reduction or waiver of the interest will likely enable the
offender to pay the full principal and any remaining interest
thereon. For purposes of this section, "good faith effort" means
that the offender has either (a) paid the principal amount in
full; or (b) made twenty-four consecutive monthly payments,
excluding any payments mandatorily deducted by the department of
corrections, on his or her legal financial obligations under his
or her payment agreement with the court. 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. This section applies to persons
convicted as adults or in juvenile court.
[2004 c 121 § 1; 1995 c 291 § 7; 1989 c 276 § 3.]
NOTES:
Severability -- 1989 c 276: See note following RCW 9.95.062.