Chapter 3.95A
RECOVERY OF COSTS FOR CONVICTED PERSONS
Sections:
3.95A.030 Administration – Collection.
3.95A.010 Definitions.
As used in this chapter:
(1) “Emergency” means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in MMC 3.95A.020.
(2) “Emergency response” means a public agency’s use of emergency services during an emergency or disaster as defined in subsection (1) of this section.
(3) “Expense of an emergency response” means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, fire fighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.
(4) “Public agency” means the state, and a city, county, municipal corporation, district, town, or public authority located, in whole or in part, within this state which provides or may provide fire fighting, police, ambulance, medical, or other emergency services. (Ord. 2647 § 1, 2006).
3.95A.020 Emergency response caused by person’s intoxication – Recovery of costs from convicted person.
A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (1) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (2) being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, RCW 46.61.504; (3) driving or being in actual physical control of a motor vehicle after consuming liquor and being under 21, RCW 46.61.503; (4) negligent driving in the first degree, RCW 46.61.5249; (5) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (6) use of a vessel while under the influence of alcohol or drugs, RCW 88.12.025; (7) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (8) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), is liable for the expense of an emergency response by a public agency to the incident.
The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
In no event shall a person’s liability under this section for the expense of an emergency response exceed $1,000 for a particular incident.
If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum of the claims exceeds the amount recovered, the division of the amount recovered shall be determined by an interlocal agreement consistent with the requirements of Chapter 39.34 RCW.
The city of Marysville shall bill a defendant the cost of apprehension, investigation, processing, and the initial temporary incarceration, as reasonable costs of providing police services and such other and further costs and fees as documented by other public agencies providing emergency services. (Ord. 2647 § 1, 2006).
3.95A.030 Administration – Collection.
(1) The city is hereby authorized to collect such costs as a condition of sentencing on a criminal case filed in Marysville municipal court. The prosecutor will file a notice of liability for the expense of emergency response with the court at the time of sentencing. The court has discretion whether to impose all or a portion of the expense of emergency response as a condition of sentence.
(2) In the alternative, the city is hereby authorized and directed to execute a notice of liability for the expense of emergency response. The city will send the person a bill by certified mail with a return receipt. Any fees not collected within 60 days of the date of issuance of the notice of liability for the expense of emergency response shall be referred to a collection agency. The cost of collection shall be added to the bill. All fees collected shall be apportioned as provided in RCW 38.52.430. Fees and costs collected by the city shall be received into the general fund. (Ord. 2647 § 1, 2006).