The following definitions
shall be applied in connection with this chapter:
(1) "Anticipated cost of counsel" means the cost of
retaining private counsel for representation on the matter before
the court.
(2) "Available funds" means liquid assets and disposable net
monthly income calculated after provision is made for bail
obligations. For the purpose of determining available funds, the
following definitions shall apply:
(a) "Liquid assets" means cash, savings accounts, bank
accounts, stocks, bonds, certificates of deposit, equity in real
estate, and equity in motor vehicles. A motor vehicle necessary
to maintain employment and having a market value not greater than
three thousand dollars shall not be considered a liquid asset.
(b) "Income" means salary, wages, interest, dividends, and
other earnings which are reportable for federal income tax
purposes, and cash payments such as reimbursements received from
pensions, annuities, social security, and public assistance
programs. It includes any contribution received from any family
member or other person who is domiciled in the same residence as
the defendant and who is helping to defray the defendant's basic
living costs.
(c) "Disposable net monthly income" means the income
remaining each month after deducting federal, state, or local
income taxes, social security taxes, contributory retirement,
union dues, and basic living costs.
(d) "Basic living costs" means the average monthly amount
spent by the defendant for reasonable payments toward living
costs, such as shelter, food, utilities, health care,
transportation, clothing, loan payments, support payments, and
court-imposed obligations.
(3) "Indigent" means a person who, at any stage of a court
proceeding, is:
(a) Receiving one of the following types of public
assistance: Temporary assistance for needy families, aged,
blind, or disabled assistance benefits, medical care services
under RCW 74.09.035, pregnant women assistance benefits,
poverty-related veterans' benefits, food stamps or food stamp
benefits transferred electronically, refugee resettlement
benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one hundred
twenty-five percent or less of the current federally established
poverty level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
(4) "Indigent and able to contribute" means a person who, at
any stage of a court proceeding, is unable to pay the anticipated
cost of counsel for the matter before the court because his or
her available funds are less than the anticipated cost of counsel
but sufficient for the person to pay a portion of that cost.
[2011 1st sp.s. c 36 § 12; 2010 1st sp.s. c 8 § 12; 1998 c 79 § 2; 1997 c 59 § 3; 1989 c 409 § 2.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings -- Intent -- 2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date -- 2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings -- Intent -- Short title -- Effective date -- 2010 1st sp.s. c 8: See notes following RCW 74.04.225.