BILL REQ. #:  H-1124.3 

Read first time 02/07/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to liability for performing pretrial supervision activities; amending RCW 36.01.070; adding a new section to chapter 35.21 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that it is in the public interest for counties, cities, departments, and subdivisions, to provide pretrial supervision of accused persons. The legislature further finds that supervision providers cannot always foresee or control the behavior of the accused persons whom they supervise. The legislature therefore finds that it is not appropriate for supervision providers to be subject to liability under the ordinary negligence standard as it has been broadly applied by Washington courts. The legislature intends that supervision providers be subject to a standard of gross negligence.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.21 RCW to read as follows:
     A city or town that provides pretrial supervision or pretrial release, its staff, and volunteers are not liable for civil damages resulting from any act or omission in the rendering of pretrial supervision or pretrial release unless the act or omission constitutes gross negligence. For purposes of this section, "volunteers" is defined according to RCW 51.12.035. For purposes of this section, "gross negligence" means the failure to exercise slight care, and is substantially and appreciably greater than ordinary negligence.

Sec. 3   RCW 36.01.070 and 1996 c 298 s 7 are each amended to read as follows:
     (1) Notwithstanding the provisions of chapter 72.01 RCW or any other provision of law, counties may engage in probation and parole services and employ personnel therefor under such terms and conditions as any such county shall so determine. If a county elects to assume responsibility for the supervision of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation services. A county may also enter into partnership agreements with the department of corrections under RCW 72.09.300.
     (2) A county that provides pretrial supervision or pretrial release, its staff, and volunteers are not liable for civil damages resulting from any act or omission in the rendering of pretrial supervision or pretrial release unless the act or omission constitutes gross negligence. For purposes of this section, "volunteers" is defined according to RCW 51.12.035. For purposes of this section, "gross negligence" means the failure to exercise slight care, and is substantially and appreciably greater than ordinary negligence.