WA Supreme Court: Auto-Jail Provisions Don't Comply with
Convicts are often given terms of things to do. Work crews, fines, etc. If you don't do them, the standard practice is to send them back to jail with an auto-jail clause:
The defendant shall pay $30 or more monthly, effective 8-1-07. The case is to be reviewed __10/31/07__ for compliance. If the defendant has not complied with the payment schedule, nor filed a motion with the court for a stay by the review date, the defendant is to report to jail on __11/14/07__ by 4:00 p.m. to serve __60__ days in jail.
Unfortunately, at the time of jailing, the State has to determine if the offender has the ability to pay. State v. Blank, 131 Wn.2d 230, 242, 930 P.2d 1213 (1997). Needless to say, there was no determination or hearing on the matter, and the auto-jail portion doesn't hold up.