1357-S

AN ACT Relating to supervision of offenders placed on probation; amending RCW 9.95.210, 9.92.060, and 36.01.070; and adding new sections to chapter 9.95 RCW.

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

Sec. 1. RCW 9.95.210 and 1993 c 251 s 3 are each amended to read as follows:

(1) In granting probation, the court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.

(2) In the order granting probation and as a condition thereof, the court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the court shall require the payment of the penalty assessment required by RCW 7.68.035. The court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary ((~~(1)~~)) (a) to comply with any order of the court for the payment of family support, ((~~(2)~~)) (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, ((~~(3)~~)) (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required, ((~~(4)~~)) (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation, ((~~(5)~~)) (e) to contribute to a county or interlocal drug fund, and ((~~(6)~~)) (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

(3) In granting probation, the court ((~~shall~~)) may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow implicitly the instructions of the secretary. If the county legislative authority of the county wherein the court is located elects to assume responsibility for the supervision of all misdemeanant probationers sentenced by the court, probationers convicted of misdemeanors or gross misdemeanors shall report to a probation officer employed or contracted for by the county legislative authority.

(4) If the probationer has been ordered to make restitution and the court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.

Sec. 2. RCW 9.92.060 and 1987 c 202 s 142 are each amended to read as follows:

(1) Whenever any person shall be convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under the age of ten years, or rape, the court may in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by such court, and that the sentenced person may be placed under the charge of a ((~~parole or peace officer during the term of such suspension~~)) community corrections officer employed by the department of corrections, or if the county elects to assume responsibility for the supervision of all misdemeanant probationers a probation officer employed or contracted for by the county, upon such terms as the court may determine((~~: PROVIDED, That~~)).

(2) As a condition to suspension of sentence, the court shall require the payment of the penalty assessment required by RCW 7.68.035((~~: PROVIDED FURTHER, That as a condition to suspension of sentence~~)). In addition, the court may require the convicted person to make such monetary payments, on such terms as the court deems appropriate under the circumstances, as are necessary ((~~(1)~~)) (a) to comply with any order of the court for the payment of family support, ((~~(2)~~)) (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, ((~~(3)~~)) (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required, and ((~~(4)~~)) (d) to contribute to a county or interlocal drug fund. ((In no case shall a sentence be suspended under the provisions of this section unless the person if sentenced to confinement in a penal institution be placed under the charge of a parole officer, who is a duly appointed and acting officer of the institution to which the person is sentenced: PROVIDED, That persons convicted in district court may be placed under supervision of a probation officer employed for that purpose.))

(3) As a condition of the suspended sentence, the court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow implicitly the instructions of the secretary. If the county legislative authority of the county wherein the court is located has elected to assume responsibility for the supervision of all misdemeanant probationers sentenced by the courts of that county, probationers convicted of a misdemeanor or gross misdemeanor shall report to a probation officer employed or contracted for by the county legislative authority.

(4) If restitution to the victim has been ordered under subsection (2)(b) of this section and the court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.

NEW SECTION. Sec. 3. A new section is added to chapter 9.95 RCW to read as follows:

(1) When a court places a defendant on probation and orders supervision pursuant to RCW 9.92.060 or 9.95.210, the department of corrections shall maintain initial responsibility for supervision of that defendant.

(2) At the beginning of each biennium, a county legislative authority has the option to elect to assume responsibility for the supervision of defendants convicted of a misdemeanor or gross misdemeanor and sentenced to probation by the courts located within that county. If the county assumes supervision responsibility, the county is responsible for supervision of all misdemeanant probationers within that county for the duration of the biennium. If the county assumes supervision responsibility, the department of corrections' responsibility to supervise misdemeanant probationers within that county ends. At the end of the biennium, the county may extend its assumption of supervision responsibility for another biennium, or the responsibility may be returned to the department of corrections. If a county does not elect to assume supervision responsibility, the department of corrections shall continue its supervision of the misdemeanant probationers.

(3) If a county elects to assume supervision responsibility, the county and the department shall enter into a contractual agreement. At the beginning of the biennium, prior to the county's election to assume supervision responsibility, the department of corrections shall advise the county of the set amount of funds the department of corrections will distribute to the county for the supervision of misdemeanant offenders during that biennium. This set amount of funds shall be based upon population and cost of supervision estimates developed by the department of corrections and the funds actually appropriated to the department of corrections for the supervision of misdemeanant probationers. If a county elects to assume supervision responsibility, the department of corrections shall disburse the set amount of funds to the county, in two equal payments, with each payment being made at the beginning of the state fiscal year. The department of corrections is not required to provide the county with any additional funding for the supervision of misdemeanant probationers during the biennium. All funds received by the county from the department of corrections must be expended to cover costs of supervision of misdemeanant probationers. The county shall report as requested by the department of corrections regarding the expenditure of these funds. If the county fails to apply the funds for the supervision of misdemeanant probationers, or fails to report to the department of corrections, the department may decline to provide the county with funds for supervision responsibility during the following biennium or bienniums. The department of corrections is not liable for any misuse of appropriated funds by the county. If, during the biennium, the legislature provides additional funds for the supervision of misdemeanant probationers sentenced in superior court, the department shall provide a proportionate share of those additional funds to counties that are supervising this population of probationers based on the ratio of probationers in this population that the county is responsible for supervising.

NEW SECTION. Sec. 4. A new section is added to chapter 9.95 RCW to read as follows:

(1) The department of corrections, county probation departments, superior and district court judges, and the misdemeanant corrections association, shall recommend to the Washington state law and justice advisory council, appointed under RCW 72.09.300(7), and the Washington state law and justice advisory council shall adopt, standards for the supervision of misdemeanant probationers sentenced by superior court under RCW 9.95.210 or 9.92.060. The Washington state law and justice advisory council shall establish classifications of misdemeanant probationers based upon the seriousness of the offense, the perceived risks to the community, and other relevant factors. Supervision standards for classifications of misdemeanant probationers may include an override system that provides the official supervising misdemeanant probationers with the discretion to adjust the standards based upon individual circumstances surrounding the probationer. Supervision standards shall include provisions for reciprocal supervision of offenders sentenced in counties other than the county of residence. In any case, supervision standards shall not exceed the resources provided by the legislature and supervision fees collected, except by enhancements individual counties may wish to fund.

(2) If a county elects to assume supervision responsibility, the county must agree prior to receiving any funds from the department of corrections to comply with the standards of supervision developed by the department of corrections. The department of corrections is not liable for any harm suffered if the supervision provided by the county fails to meet the standards of supervision. However, if a county consistently fails to comply with the standards of supervision, the department of corrections may decline to provide the county with funds for supervision, in which case the department shall assume supervision responsibility. If the county has not assumed supervision responsibility, the county is not liable if the department of corrections fails to comply with the standards of supervision.

(3) If the department of corrections, or the county assuming supervision responsibility, complies with the standards of supervision, the department of corrections, or the county, is not liable for any harm caused by the actions of a misdemeanant probationer under its supervision. If for any reason there are insufficient resources for the department of corrections, or the county assuming supervision responsibility, to comply with the standards of supervision, the department of corrections, or the county, is not liable for any harm caused by the failure to comply with the standards of supervision.

Sec. 5. RCW 36.01.070 and 1967 c 200 s 9 are each amended to read as follows:

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 misdemeanant offenders placed on probation pursuant to 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 pursuant to RCW 72.09.300.

NEW SECTION. Sec. 6. A new section is added to chapter 9.95 RCW to read as follows:

Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation pursuant to RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections or the county, either may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. This assessment shall be paid to the entity responsible for supervision, and shall be applied, along with funds appropriated by the legislature, towards the payment or part payment of the cost of supervising the defendant. Funds collected for supervision shall be reported to the department.