(1) The department may issue a notice of payroll deduction in a criminal action if:

     (a) The court at sentencing orders its immediate issuance; or

     (b) The offender is more than thirty days past due in monthly payments in an amount equal to or greater than the amount payable for one month, provided:

     (i) The judgment and sentence or subsequent order to pay contains a statement that a notice of payroll deduction may be issued without further notice to the offender; or

     (ii) The department has served a notice on the offender stating such requirements and authorization. Service of such notice shall be made by personal service or any form of mail requiring a return receipt.

     (2) The notice of payroll deduction is to be in writing and include:

     (a) The name, social security number, and identifying court case number of the offender/employee;

     (b) The amount to be deducted from the offender/employee's disposable earnings each month, or alternative amounts and frequencies as may be necessary to facilitate processing of the payroll deduction by the employer;

     (c) A statement that the total amount withheld on all payroll deduction notices for payment of court-ordered legal financial obligations combined shall not exceed twenty-five percent of the offender/employee's disposable earnings; and

     (d) The address to which the payments are to be mailed or delivered.

     (3) An informational copy of the notice of payroll deduction shall be mailed to the offender's last known address by regular mail or shall be personally served.

     (4) Neither the department nor any agents of the department shall be held liable for actions taken under RCW 9.94A.760 and 9.94A.7601 through 9.94A.761.

[1991 c 93 § 3. Formerly RCW 9.94A.200010.]

NOTES:

     Retroactive application -- Captions not law -- 1991 c 93: See notes following RCW 9.94A.7601.