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Published on Friday, June 19, 2015

Senate hears bill on cost recovery for court ordered pre-trial supervision

The Senate Law & Justice Committee heard and took action on SB 6134 on June 17 and 18. SB 6134, sponsored by Sen. Mike Padden (R-Spokane Valley), addresses the ability to recover costs in excess of $150 for pre-trial supervision costs. Recently the State Supreme Court ruled in State v. Hardtke that a jurisdiction could only recover costs for pretrial alcohol monitoring up to $150. However, costs for such supervision often exceed $150 leaving the jurisdiction on the hook to pay for the monitoring or failing to comply with pretrial monitoring requirements.

SB 6134 would exempt from the $150 limit electronic alcohol monitoring, drug monitoring and 24/7 sobriety programs. If electronic monitoring or alcohol abstinence monitoring is ordered in cases involving driving under the influence or being in physical control of a motor vehicle while under the influence, SB 6134 would require the court to specify (1) who will provide the monitoring services, (2) the terms under which the monitoring is performed, and (3) upon conviction, allow the court to require, as a condition of the sentence, that the defendant reimburse the providing agency for the costs of the electronic monitoring or abstinence monitoring.

AWC testified in support of this proposal as an appropriate fix to address the impacts of the recent State Supreme Court case.

Categories: Law & justice