IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO NEW ARLJ 11

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ORDER NO. 25700-A-708

     The District and Municipal Court Judges' Association having recommended the adoption of proposed new rule ARLJ 11, and the Court having considered the proposed rule and comments submitted thereto, and having determined that the proposed rule will aid in the prompt and orderly administration of justice;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the new rule as attached hereto is adopted.

     (b) That the new rule will be published in the Washington Reports and will become effective September 1, 2001.

     DATED at Olympia, Washington this 12th day of June 2001.

	Alexander, C. J.
Smith, J.	Sanders, J.
Johnson, J.	Bridge, J.
Madsen, J.	Chambers, J.
Ireland, J.	Owens, J.

RULE 11 PROBATION DEPARTMENT

RULE 11.1 DEFINITION

     A misdemeanant probation department, if a court elects to establish one, is an entity that provides services designed to assist the court in the management of criminal justice and thereby aid in the preservation of public order and safety. This entity may consist of probation officers and probation clerks. The method of providing these services shall be established by the presiding judge of the local court to meet the specific needs of the court.

RULE 11.2 QUALIFICATIONS AND CORE SERVICES OF PROBATION DEPARTMENT PERSONNEL

     (a) Probation Officer Qualifications.

     (1) A minimum of a bachelor of arts or bachelor of science degree that provides the necessary education and skills in dealing with complex legal and human issues, as well as competence in making decisions and using discretionary judgment. A course of study in sociology, psychology, or criminal justice is preferred.

     (2) Counseling skills necessary to evaluate and act on offender crisis, assess offender needs, motivate offenders, and make recommendations to the court.

     (3) Education and training necessary to communicate effectively, both orally and in writing, to interview and counsel offenders with a wide variety of offender problems, including but not limited to alcoholism, domestic violence, mental illness, sexual deviancy; to testify in court, to communicate with referral resources, and to prepare legal documents and reports.

     (4) Anyone not meeting the above qualifications and having competently held the position of probation officer for the past two years shall be deemed to have met the qualifications.

     (b) Probation Officer - Core Services.

     (1) Conduct pre/post-sentence investigations with face to face interviews and extensive research that includes but is not limited to criminal history, contact with victims, personal history, social and economic needs, community resource needs, counseling/treatment needs, work history, family and employer support, and complete written pre/post-sentence reports, which includes sentencing recommendations to the court.

     (2) For offenders referred to the misdemeanant probation department, determine their risk to the community using a standardized classification system with a minimum of monthly fact to face interviews for offenders classified at the highest level.

     (3) Evaluate offenders' social problems, amenability to different types of treatment programs, and determine appropriate referral.

     (4) Supervise offenders with face to face interviews depending on risk classification system.

     (5) Oversee community agencies providing services required of offenders with input to the judicial officer (e.g. alcohol/drug, domestic violence, sexual deviancy, and mental illness).

     (6) Other Duties. The core services listed under both probation officer and probation clerk are not meant to exclude other duties that may be performed by either classification of employee or other court clerical staff, such as record checks, calendaring court proceedings, and accounting of fees.

     (c) Probation Clerk Qualifications.

     (1) High school or equivalent diploma.

     (2) Efficient in all facets of basic clerical skills including but not limited to keyboarding, computer familiarity and competence, filing, and positive public interaction.

     (3) Above average ability in dealing with stress and difficult clients.

     (4) Ability to complete and perform multi-task assignments.

     (d) Probation Clerk - Core Services.

     (1) Monitor compliance of treatment obligations with professional treatment providers.

     (2) Report offender non-compliance with conditions of sentence to the court.

     (3) Coordinate treatment referral information, and monitor community agencies for statutory reporting compliance.

     (4) Anyone not meeting the above qualifications and having held the position of probation clerk for the past two years shall be deemed to have met the qualifications.

     (5) Other Duties. The core services listed under both probation officer and probation clerk are not meant to exclude other duties that may be performed by either classification of employee or other court clerical staff, such as record checks, calendaring court proceedings, and accounting of fees.

RULE 11.3 STATUTORY PROBATION SERVICE FEES TO BE USED FOR PROBATION SERVICES

     All positions, which are funded by statutory probation service fees, shall be limited to working with individuals or cases who are on probation. Any additional funds raised from statutory probation services fees beyond what is necessary to fund the positions in the probation department shall be used to provide additional levels of probation services.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

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