Wash. Rev. Code » Title 10 · Chapter 10.101
Revised Code of Washington

Wash. Rev. Code § 10.101.010 (2026)

Definitions

✓ current as of May 2026
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The following definitions shall be applied in connection with this chapter:
(1) "Anticipated cost of counsel" means the cost of retaining private counsel for representation on the matter before the court.
(2) "Available funds" means liquid assets and disposable net monthly income calculated after provision is made for bail obligations. For the purpose of determining available funds, the following definitions shall apply:
(a) "Liquid assets" means cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in motor vehicles. A motor vehicle necessary to maintain employment and having a market value not greater than three thousand dollars shall not be considered a liquid asset.
(b) "Income" means salary, wages, interest, dividends, and other earnings which are reportable for federal income tax purposes, and cash payments such as reimbursements received from pensions, annuities, social security, and public assistance programs. It includes any contribution received from any family member or other person who is domiciled in the same residence as the defendant and who is helping to defray the defendant's basic living costs.
(c) "Disposable net monthly income" means the income remaining each month after deducting federal, state, or local income taxes, social security taxes, contributory retirement, union dues, and basic living costs.
(d) "Basic living costs" means the average monthly amount spent by the defendant for reasonable payments toward living costs, such as shelter, food, utilities, health care, transportation, clothing, loan payments, support payments, and court-imposed obligations.
(3) "Indigent" means a person who, at any stage of a court proceeding, is:
(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, aged, blind, or disabled assistance benefits, medical care services under RCW 74.09.035, pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.
(4) "Indigent and able to contribute" means a person who, at any stage of a court proceeding, is unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are less than the anticipated cost of counsel but sufficient for the person to pay a portion of that cost.
[ 2011 1st sp.s. c 36 s 12; 2010 1st sp.s. c 8 s 12; 1998 c 79 s 2; 1997 c 59 s 3; 1989 c 409 s 2.]

Notes:

Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
Notes of Decisions
Cited in 278 cases (125 in the last 5 years), 1995–2026 · leading case: State v. Ramirez, 426 P.3d 714 (Wash. 2018).
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State v. Ramirez, 426 P.3d 714 (Wash. 2018). · cites it 4× “160, to prohibit courts from imposing discretionary costs on a defendant who is indigent at the time of sentencing as defined in RCW 10.101.010(3)(a) through (c). LAWS OF 2018, ch.”
State Of Washington, V. James Laron Ellis, 530 P.3d 1048 (Wash. Ct. App. 2023). · cites it 3× “010(3) or general rule 34; (b) the offender’s available funds, as defined in RCW 10.101.010(2), and other liabilities including child support and other legal financial obligations; (c) whether the offender is homeless; and (d) whether the offender is mentally ill, as defined in…”
State v. Johnson, 315 P.3d 1090 (Wash. 2014). · cites it 7× “RCW 10.101.010(2). To the extent that his equity in his home enabled Johnson to pay for some of the costs of his defense, it makes him indigent and able to contribute.”
State v. Catling, 438 P.3d 1174 (Wash. 2019). · cites it 2× “an adult defendant in a criminal case shall be liable for a fee of two hundred dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c)." (Emphasis added.”
In Re Dependency of Grove, 897 P.2d 1252 (Wash. 1995). · cites it 4× “RCW 10.101.010(1) (in general, an "indigent" person is one who, "at any stage of a court proceeding", is unable to pay the anticipated cost of counsel for representation); see also 51st Legislative Session of Washington, Final Report (1989) (evidencing the legislative concern…”
State Of Washington v. Alan D. Jenks, 459 P.3d 389 (Wash. Ct. App. 2020). · cites it 5× “020(2)(h), which now prohibits imposition of the criminal filing fee on an defendant who is indigent as defined in RCW 10.101.010(3)(a)-(c); and (2) RCW 43.”
In Re Davis, 101 P.3d 1 (Wash. 2004). “when the offender is indigent or indigent and able to contribute as those terms are defined in RCW 10.101.010 and the offender: .... (3) Is under a sentence of death and requests counsel be appointed to file and prosecute a motion or petition for collateral attack as defined in…”
In re the Pers. Restraint of Davis, 152 Wash. 2d 647 (Wash. 2004). “when the offender is indigent or indigent and able to contribute as those terms are defined in RCW 10.101.010 and the offender: (3) Is under a sentence of death and requests counsel be appointed to file and prosecute a motion or petition for collateral attack as defined in RCW…”
State Of Washington v. Leona Ruth Starr, 479 P.3d 1209 (Wash. Ct. App. 2021). · cites it 2× “160(3) provides that the sentencing court shall not order a defendant to pay costs if a defendant is indigent as defined in RCW 10.101.010(3)(a) through (c). Similarly, RCW 9.”
State Of Washington, V. Jesse Gouley, 494 P.3d 458 (Wash. Ct. App. 2021). · cites it 6× “020(2)(h), a criminal filing fee may not be imposed “on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c).” A person is indigent under RCW 10.”
State Of Washington, V. Turner Lee Calloway, 550 P.3d 77 (Wash. Ct. App. 2024). · cites it 2× “The trial court found Calloway to be indigent under RCW 10.101.010(3) and the State does not contest that finding.”
State Of Washington v. Jason Spaulding, 476 P.3d 205 (Wash. Ct. App. 2020). “160(3), which states, “The court shall not order a defendant to pay costs if the defendant at the time of sentencing is indigent as defined in RCW 10.101.010(3)(a) through (c).” However, the supervision fee is not a “cost” under RCW 10.”
Show all 278 citing cases →
— Wash. Rev. Code § 10.101.010(1) — 3 cases
In Re Dependency of Grove, 897 P.2d 1252 (Wash. 1995). “RCW 10.101.010(1) (in general, an "indigent" person is one who, "at any stage of a court proceeding", is unable to pay the anticipated cost of counsel for representation); see also 51st Legislative Session of Washington, Final Report (1989) (evidencing the legislative concern…”
State v. Punsalan, 133 P.3d 934 (Wash. 2006).
State v. Hecht, 264 P.3d 801 (Wash. 2011).
— Wash. Rev. Code § 10.101.010(2) — 11 cases
State Of Washington, V. James Laron Ellis, 530 P.3d 1048 (Wash. Ct. App. 2023). “010(3) or general rule 34; (b) the offender’s available funds, as defined in RCW 10.101.010(2), and other liabilities including child support and other legal financial obligations; (c) whether the offender is homeless; and (d) whether the offender is mentally ill, as defined in…”
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 10.101.010(2). To the extent that his equity in his home enabled Johnson to pay for some of the costs of his defense, it makes him indigent and able to contribute.”
State v. Hecht, 264 P.3d 801 (Wash. 2011).
State Of Washington, V. James Dean Schultz, 548 P.3d 559 (Wash. Ct. App. 2024).
State of Washington v. Claude L. Merritt (Wash. Ct. App. 2023).
— Wash. Rev. Code § 10.101.010(2)(b) — 1 case
State Of Washington v. Darrius I. Bruton (Wash. Ct. App. 2020).
— Wash. Rev. Code § 10.101.010(2)(d) — 1 case
State v. Evans, 298 P.3d 724 (Wash. 2013).
— Wash. Rev. Code § 10.101.010(3) — 80 cases
State Of Washington, V. James Laron Ellis, 530 P.3d 1048 (Wash. Ct. App. 2023). “010(3) or general rule 34; (b) the offender’s available funds, as defined in RCW 10.101.010(2), and other liabilities including child support and other legal financial obligations; (c) whether the offender is homeless; and (d) whether the offender is mentally ill, as defined in…”
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 10.101.010(2). To the extent that his equity in his home enabled Johnson to pay for some of the costs of his defense, it makes him indigent and able to contribute.”
State v. Catling, 438 P.3d 1174 (Wash. 2019). “an adult defendant in a criminal case shall be liable for a fee of two hundred dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c)." (Emphasis added.”
State Of Washington, V. Jesse Gouley, 494 P.3d 458 (Wash. Ct. App. 2021). “020(2)(h), a criminal filing fee may not be imposed “on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c).” A person is indigent under RCW 10.”
State Of Washington, V. Heather Azevedo, 547 P.3d 287 (Wash. Ct. App. 2024).
— Wash. Rev. Code § 10.101.010(3)(a) — 195 cases
State v. Ramirez, 426 P.3d 714 (Wash. 2018). “160, to prohibit courts from imposing discretionary costs on a defendant who is indigent at the time of sentencing as defined in RCW 10.101.010(3)(a) through (c). LAWS OF 2018, ch.”
State Of Washington v. Alan D. Jenks, 459 P.3d 389 (Wash. Ct. App. 2020). “020(2)(h), which now prohibits imposition of the criminal filing fee on an defendant who is indigent as defined in RCW 10.101.010(3)(a)-(c); and (2) RCW 43.”
State Of Washington v. Leona Ruth Starr, 479 P.3d 1209 (Wash. Ct. App. 2021). “160(3) provides that the sentencing court shall not order a defendant to pay costs if a defendant is indigent as defined in RCW 10.101.010(3)(a) through (c). Similarly, RCW 9.”
State v. Catling, 438 P.3d 1174 (Wash. 2019). “an adult defendant in a criminal case shall be liable for a fee of two hundred dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c)." (Emphasis added.”
State Of Washington v. Jason Spaulding, 476 P.3d 205 (Wash. Ct. App. 2020). “160(3), which states, “The court shall not order a defendant to pay costs if the defendant at the time of sentencing is indigent as defined in RCW 10.101.010(3)(a) through (c).” However, the supervision fee is not a “cost” under RCW 10.”
— Wash. Rev. Code § 10.101.010(3)(b) — 2 cases
In Re The Det. Of Bradley B. Ward (Wash. Ct. App. 2016).
In re Det. of M.E. (Wash. 2026).
— Wash. Rev. Code § 10.101.010(3)(c) — 39 cases
State v. Ramirez, 426 P.3d 714 (Wash. 2018). “160, to prohibit courts from imposing discretionary costs on a defendant who is indigent at the time of sentencing as defined in RCW 10.101.010(3)(a) through (c). LAWS OF 2018, ch.”
State of Washington v. Benjamin G. Smith, 442 P.3d 265 (Wash. Ct. App. 2019).
State Of Washington v. Darrius I. Bruton (Wash. Ct. App. 2020).
State Of Washington v. Rhonda Mcintosh-Lind (Wash. Ct. App. 2020).
State Of Washington v. Joseph W. Rhodes (Wash. Ct. App. 2020).
— Wash. Rev. Code § 10.101.010(3)(d) — 23 cases
State Of Washington v. Samuel Matamua, 539 P.3d 28 (Wash. Ct. App. 2023).
State Of Washington, V. Jesse Gouley, 494 P.3d 458 (Wash. Ct. App. 2021). “020(2)(h), a criminal filing fee may not be imposed “on a defendant who is indigent as defined in RCW 10.101.010(3) (a) through (c).” A person is indigent under RCW 10.”
State Of Washington v. Alan D. Jenks, 459 P.3d 389 (Wash. Ct. App. 2020). “020(2)(h), which now prohibits imposition of the criminal filing fee on an defendant who is indigent as defined in RCW 10.101.010(3)(a)-(c); and (2) RCW 43.”
State of Washington v. Benjamin G. Smith, 442 P.3d 265 (Wash. Ct. App. 2019).
State Of Washington v. Eric N. Mayer (Wash. Ct. App. 2020).
— Wash. Rev. Code § 10.101.010(4) — 2 cases
State v. Johnson, 315 P.3d 1090 (Wash. 2014). “RCW 10.101.010(2). To the extent that his equity in his home enabled Johnson to pay for some of the costs of his defense, it makes him indigent and able to contribute.”
State v. Johnson (Wash. 2014).
— Wash. Rev. Code § 10.101.010(4)(d) — 1 case
State Of Washington v. Paul Marshall (Wash. Ct. App. 2021).
— Wash. Rev. Code § 10.101.010(a) — 2 cases
State of Washington v. Antonio Jose Torres (Wash. Ct. App. 2020).
State Of Washington, V Michael Austin Brazille (Wash. Ct. App. 2022).
— Wash. Rev. Code § 10.101.010(d) — 3 cases
State of Washington v. Peter John Arendas (Wash. Ct. App. 2019).
State Of Washington v. Jonathan C. Coniglio (Wash. Ct. App. 2019).
State Of Washington v. Clara F. Christensen (Wash. Ct. App. 2020).
— Wash. Rev. Code § 10.101.010(l)(a) — 1 case
State v. Hecht, 264 P.3d 801 (Wash. 2011).
— Wash. Rev. Code § 10.101.010(l)(c) — 1 case
State v. Hecht, 264 P.3d 801 (Wash. 2011).
— Wash. Rev. Code § 10.101.010(lXa) — 1 case
State v. Hecht, 264 P.3d 801 (Wash. 2011).
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