PENNELL, A.C.J.
Benjamin
Smith appeals several legal financial obligations (LFOs)
imposed at sentencing: a criminal filing fee, sheriffs fee,
court-appointed counsel fee, domestic violence penalty
assessment, and medical expenses characterized as
restitution. Based on recent changes to Washington's LFO
scheme, Mr. Smith is entitled to relief from the first three
of the challenged LFOs. However, the domestic violence
assessment was not impacted by LFO reform. In addition,
although the medical expenses should not have been
characterized as restitution, LFO reform also does not
prohibit recovery of medical costs. We therefore grant Mr.
Smith's request for LFO relief in part and remand for
further proceedings.
FACTS
Benjamin
Smith pleaded guilty to six counts of child molestation and
one count of child rape. Each count included a domestic
violence allegation. Mr. Smith's offenses involved two
victims, both of whom lived in Mr. Smith's household. Mr.
Smith's guilty plea was supported by a post-arrest
confession.
The
court imposed an exceptional sentence, requiring Mr. Smith to
serve a minimum term of 347 months of confinement before
becoming eligible for release. The court also imposed both
mandatory and discretionary LFOs. Those obligations included
a $200.00 criminal filing fee, $100.00 sheriff's fee,
$750.00 in fees for a court-appointed attorney, a $100.00
domestic violence penalty assessment, and $466.03 in
restitution to the Columbia County Sheriff's Office. The
restitution order pertained to the cost of medication Mr.
Smith received while in custody pending adjudication.
The
judgment and sentence was entered on November 1, 2017. Mr.
Smith has filed a timely appeal.
ANALYSIS
LFOs
Mr.
Smith raises several challenges to his LFOs. Our review of
his claims is twofold. Legal issues are reviewed de novo.
State v. Ramirez, 191 Wn.2d 732, 741-42, 426 P.3d
714 (2018). But a trial court's ultimate decision of
whether to impose LFOs is reviewed for abuse of discretion.
Id. As explained below, several of Mr. Smith's
legal arguments require amending the trial court's
imposition of LFOs. We do not reverse any of the trial
court's discretionary decisions.
Criminal
filing fee
Citing
Ramirez, Mr. Smith has filed supplemental briefing
requesting we strike the $200 criminal filing fee imposed by
the trial court at sentencing. Ramirez was decided
after the close of briefing in this case. The decision held
that amendments to Washington's LFO scheme enacted in
2018[1]
apply prospectively to cases on direct appellate review at
the time of enactment. Ramirez, 191 Wn.2d at 747.
Among other things, the 2018 statutory amendments prohibit
imposition of a criminal filing fee on a defendant who is
"indigent" at the time of sentencing as that term
is defined by RCW 10.101.010(3)(a)-(c). RCW 36.18.020(2)(h).
The
2018 LFO amendments adopted a specific definition of
indigence. Under the amendments, it is not enough that a
defendant is indigent for purposes of appointment of counsel.
Instead, a defendant must show one of three types of
indigence: (a) receipt of a qualifying form of public
assistance, (b) involuntary commitment in a public mental
health facility, or (c) an annual income, after taxes, of 125
percent or less of the current federally established poverty
level. See RCW 36.18.020(2)(h) (adopting indigence
as defined by RCW 10.101.010(3)(a)-(c) but not including RCW
10.101.010(3)(d)).
Mr.
Smith meets the requisite definition of indigence based on
his income. See RCW 10.101.010(3)(c). As a result,
Mr. Smith's case is controlled by the changes to the LFO
scheme and Ramirez. Accordingly, we grant Mr. Smith
his requested relief on this issue and direct the trial court
to strike the $200 criminal filing fee from Mr. Smith's
judgment and sentence.
The
sheriff's and court-appointed counsel fees
The
$100 sheriff's fee and $750 court-appointed counsel fee
meet the same fate as the $200 criminal filing fee. The
sheriff's fee and the court-appointed counsel fee are
both discretionary costs of prosecution imposed under RCW
10.01.160. Under the 2018 LFO amendments, such costs cannot
be imposed against a defendant who is indigent, as defined in
RCW 10.101.010(3)(a)-(c), at the time of sentencing. RCW
10.01.160(3). Pursuant to Ramirez, Mr. Smith is
entitled to the benefit of the current law. Accordingly, the
$100 sheriff's fee and $750 court-appointed counsel fee
must be struck.
Domestic
violence ...