9.94A.7604  <<  9.94A.7605 >>   9.94A.7606

PDFRCW 9.94A.7605

Motion to quash, modify, or terminate payroll deductionGrounds for relief.

(1) The offender subject to a payroll deduction under this chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction. The court may grant relief if:
(a) It is demonstrated that the payroll deduction causes extreme hardship or substantial injustice; or
(b) In cases where the court did not immediately order the issuance of a notice of payroll deduction at sentencing, that a court-ordered legal financial obligation payment was not more than thirty days past due in an amount equal to or greater than the amount payable for one month.
(2) Satisfactions by the offender of all past-due payments subsequent to the issuance of the notice of payroll deduction is not grounds to quash, modify, or terminate the notice of payroll deduction. If a notice of payroll deduction has been in operation for twelve consecutive months and the offender's payment towards a court-ordered legal financial obligation is current, upon motion of the offender, the court may order the department to terminate the payroll deduction, unless the department can show good cause as to why the notice of payroll deduction should remain in effect.
[ 1991 c 93 s 6. Formerly RCW 9.94A.200025.]

NOTES:

Retroactive applicationCaptions not law1991 c 93: See notes following RCW 9.94A.7601.