Rule 7.2 Sentencing Conditions and Payment. Any deferred or suspended sentence in which the defendant is ordered to pay a fine, restitution, court cost, or attorney fees, shall, unless other specific provision is made by the Court, include by reference the following provision: (1) Time Payments. Regular monthly payments may be required if the fine is not paid in full at sentencing until all fines, penalties, fees and costs are paid. Unless otherwise specified by the Court, all fine payments, costs, fees, and restitution paid through the Court shall be scheduled to be paid on a set date each month. Each payment agreement shall include a statement that the account will be referred to a collection agency if payment is not received by due date and the defendant will be liable for any and all costs. Upon finding that such payment is delinquent, the Clerk shall mail the Defendant a delinquent payment notice. If payment is not received within 30 days, then the matter is turned over to collection and Department of Licensing is notified of Defendant's failure to respond. (2) Collection Process/Costs. If a Defendant fails to make all payments as directed or otherwise fails to respond to the Court within 30 days after the date of a delinquency notice, the delinquent account will be referred to a collection agency pursuant to RCW 3.02.045. The amount agreed to between the Court and the collection agency as remuneration for services will be assessed as cost and added to the judgment. (3) Attorney Fee/Reimbursement. Upon motion of the Plaintiff, the Court will evaluate the financial status of Defendants represented by appointed counsel. Those Defendants found by the Court to be financially able at the time of sentencing to reimburse the City or County for all or a portion of attorney fees will be ordered by the Court to make reimbursement. Unless otherwise ordered by the Court, such reimbursement shall be made within 90 days of sentencing. (4) Probation Fees. Pursuant to RCW 10.64.120, a defendant may be required to pay a fee for probation services. (5) Revocation of Probation/Hearing. Revocation of a deferred or suspended sentence for nonpayment of fines, costs, attorney fees or probation fees or a finding of contempt pursuant to RCW 10.01.180 shall occur only after a hearing and upon such a finding by the Court that the defendant has willfully failed to make such payments while having the financial ability to do so or has willfully failed to make a good faith reasonable effort to acquire a means to make such payments. Further, the Court should consider whether alternative means of payment through time payments or performance of community service has been available to the Defendant, prior to imposition of a jail sentence. (6) Petition to Modify. The Defendant may, at any time, petition to the Court to adjust the amount of any payment established in accordance with this Rule, due to his or her changed financial position or to relieve undue hardship to the Defendant and his or her family.
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