(1) Before imposing any legal financial obligations upon a defendant who suffers from a mental health condition, other than restitution, a judge must first determine that the defendant, under the terms of this section, has the means to pay such additional sums.

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Terms Used In Washington Code 9.94A.777

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) For the purposes of this section, a defendant suffers from a mental health condition when the defendant has been diagnosed with a mental disorder that prevents the defendant from participating in gainful employment, as evidenced by a determination of mental disability as the basis for the defendant’s enrollment in a public assistance program, a record of involuntary hospitalization, or by competent expert evaluation.

NOTES:

ConstructionEffective date2022 c 260: See notes following RCW 3.66.120.