ANATOMY OF A STANDARD INFRACTION PENALTY

  1. Anatomy of a Standard $136 Penalty (with all assessments):

“Name of penalty, assessment, fine. / Amount of penalty or assessment / Statutory Reference / Restrictive Language
BASE PENALTY / $48
JIS Assessment
  • This amount is subtracted from the base penalty listed in IRLJ 6.2(d) prior to calculating the statutory division of the base penalty between the local jurisdiction and the state PSEA account.
/ $23 / RCW 2.68.040(2) / Shall not be waived or suspended.
Remainder of the Base Penalty subject to division between local and state PSEA account
  • The base penalty is divided 68% to the local jurisdiction and 32% to the State PSEA account pursuant to RCWs 3.46.120, 3.50.100, and 35.20.220.
/ $25 / RCWs 3.46.120, 3.50.100, and 35.20.220
PSEA I
  • This assessment for Public Safety and Education is equal to 70% of the base penalty. (Subject to the rounding rule)
/ $34 / RCW 3.62.090(1) / Shall not be waived or suspended by the court.
PSEA II
  • This assessment for Public Safety and Education is equal to 50% of the PSEA I.
/ $17 / RCW 3.62.090(2) / Shall not be suspended or waived by the court.
Legislative Assessment
  • Establishes a $20 penalty to be assessed in addition to the other base penalty and all other assessments.
/ $20 / RCW 46.63.110(8)(a) / The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
Trauma Care Account
  • Established a $5 fee in addition to the base penalty and all other assessments.
/ $5 / RCW 46.63.110(7)(a) / Under no circumstances shall this fee be reduced or waived.
Auto Theft Care Account
  • Established a $10 fee in addition to the base penalty and all other assessments.
/ $10 / RCW 46.63.110(7)(b) / Under no circumstances shall this fee be reduced or waived.
Traumatic Brain Injury Account
  • Established a $2 fee in addition to the base penalty and all other assessments.
/ $2 / RCW 46.63.110(7)(c) / No restrictive language.
Total / $136

II. Distribution of a Standard $136 penalty (with all assessments)

Description / Initial Basis / Local Gov’t / PSEA Acct / JIS Acct / Trauma Care Acct / Auto Theft Acct / Brain Injury Acct
BASE PENALTY / 48.00
JIS Assessment / 23.00 / 23.00
Remainder of Base Penalty
The base penalty is divided 68% to the local jurisdiction and 32% to the State PSEA account pursuant to RCWs 3.46.120, 3.50.110, and 35.20.220. / 25.00 / 17.00 / 8.00
PSEA Assessment I
Divided between the local jurisdiction and the State PSEA account according to the division established under RCWs 3.46.120, 3.50.100, and 35.20.220. 68% local and 32% state PSA account. / 34.00 / 23.12 / 10.88
PSEA Assessment II
Deposited in the State PSEA Account / 17.00 / 17.00
Legislative Assessment / 20.00
46.63.110(8)(b) requires that $8.50 of the $20 shall be deposited in the State PSEA Account. / 8.50 / 8.50
The remaining $11.50 is divided between the local jurisdiction and the State PSEA account under RCWs 3.46.120, 3.50.100, and 35.20.220. / 11.50 / 7.82 / 3.68
Trauma Care Account / 5.00 / 5.00
Auto Theft Care Account / 10.00 / 10.00
Traumatic Brain Injury Account / 2.00 / 2.00
Total / 136.00 / 47.94 / 48.06 / 23.00 / 5.00 / 10.00 / 2.00

ANATOMY OF A STANDARD FINE July 2015 Page 1 of 2June 2015