AN ACT Relating to
misdemeanant probation services; amending RCW 9.95.210, 9.95.214, 9.92.060,
10.64.120, and 36.01.070; and adding new sections to chapter 9.95 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 9.95 RCW to read as follows:
(1) When a superior
court places a defendant convicted of a misdemeanor or gross misdemeanor on
probation and orders supervision under RCW 9.92.060 or 9.95.210, the department
of corrections has initial responsibility for supervision of that defendant.
(2) A county
legislative authority may assume responsibility for the supervision of all
defendants within its jurisdiction who have been convicted of a misdemeanor or
gross misdemeanor and sentenced to probation by a superior court. The
assumption of responsibility shall be made by contract with the department of
corrections on a biennial basis.
(3) If a county assumes
supervision responsibility, the county shall supervise all superior court
misdemeanant probationers within that county for the duration of the biennium,
as set forth in the contract with the department of corrections.
(4) A contract between
a county legislative authority and the department of corrections for the
transfer of supervision responsibility must include, at a minimum, the
following provisions:
(a) The county's
agreement to supervise all misdemeanant probationers who are sentenced by a
superior court within that county and who reside within that county;
(b) A reciprocal
agreement regarding the supervision of superior court misdemeanant probationers
sentenced in one county but who reside in another county;
(c) The county's
agreement to comply with the minimum standards for classification and supervision
of offenders as required under section 2 of this act;
(d) The amount of funds
available from the department of corrections to the county for supervision of
superior court misdemeanant probationers, calculated according to a formula
established by the department of corrections;
(e) A method for the
payment of funds by the department of corrections to the county;
(f) The county's
agreement that any funds received by the county under the contract will be
expended only to cover costs of supervision of superior court misdemeanant
probationers;
(g) The county's
agreement to account to the department of corrections for the expenditure of
all funds received under the contract and to submit to audits for compliance
with the supervision standards and financial requirements of this section;
(h) Provisions
regarding rights and remedies in the event of a possible breach of contract or
default by either party; and
(i) Provisions allowing
for voluntary termination of the contract by either party, with good cause,
after sixty days' written notice.
(5) If the contract
between the county and the department of corrections is terminated for any
reason, the department of corrections shall reassume responsibility for
supervision of superior court misdemeanant probationers within that county. In
such an event, the department of corrections retains any and all rights and
remedies available by law and under the contract.
(6) The state of
Washington, the department of corrections and its employees, community
corrections officers, and volunteers who assist community corrections officers
are not liable for any harm caused by the actions of a superior court
misdemeanant probationer who is under the supervision of a county. A county,
its probation department and employees, probation officers, and volunteers who
assist probation officers are not liable for any harm caused by the actions of
a superior court misdemeanant probationer who is under the supervision of the
department of corrections. This subsection applies regardless of whether the
supervising entity is in compliance with the standards of supervision at the
time of the misdemeanant probationer's actions.
(7) The state of
Washington, the department of corrections and its employees, community
corrections officers, any county under contract with the department of
corrections pursuant to this section and its employees, probation officers, and
volunteers who assist community corrections officers and probation officers in
the superior court misdemeanant probation program are not liable for civil
damages resulting from any act or omission in the rendering of superior court
misdemeanant probation activities unless the act or omission constitutes gross
negligence. For purposes of this section, "volunteers" is defined
according to RCW 51.12.035.
NEW SECTION. Sec.
2. A new section is added
to chapter 9.95 RCW to read as follows:
(1) Probation supervision
of misdemeanant offenders sentenced in a superior court must be based upon an
offender classification system and supervision standards.
(2) Any entity under
contract with the department of corrections pursuant to section 1 of this act
shall establish and maintain a classification system that:
(a) Provides for a
standardized assessment of offender risk;
(b) Differentiates
between higher and lower risk offenders based on criminal history and current
offense;
(c) Assigns cases to a
level of supervision based on assessed risk;
(d) Provides, at a
minimum, three levels of supervision;
(e) Provides for
periodic review of an offender's classification level during the term of
supervision; and
(f) Structures the
discretion and decision making of supervising officers.
(3) Any entity under
contract with the department of corrections pursuant to section 1 of this act
may establish and maintain supervision standards that:
(a) Identify the
frequency and nature of offender contact within each of at least three classification
levels;
(b) Provide for a
minimum of one face-to-face contact each month with offenders classified at the
highest level of risk;
(c) Provide for a
minimum of one personal contact per quarter for lower-risk offenders;
(d) Provide for specific
reporting requirements for offenders within each level of the classification
system;
(e) Assign higher-risk
offenders to staff trained to deal with higher-risk offenders;
(f) Verify compliance
with sentence conditions imposed by the court; and
(g) Report to the court
violations of sentence conditions as appropriate.
(4) Under no
circumstances may an entity under contract with the department of corrections
pursuant to section 1 of this act establish or maintain supervision that is
less stringent than that offered by the department.
(5) The minimum
supervision standards established and maintained by the department of
corrections shall provide for no less than one contact per quarter for
misdemeanant probationers under its jurisdiction. The contact shall be a
personal interaction accomplished either face-to-face or by telephone, unless
the department finds that the individual circumstances of the offender do not
require personal interaction to meet the objectives of the supervision. The
circumstances under which the department may find that an offender does not
require personal interaction are limited to the following: (a) The offender
has no special conditions or crime-related prohibitions imposed by the court
other than legal financial obligations; and (b) the offender poses minimal risk
to public safety.
(6) The classification
system and supervision standards must be established and met within the
resources available as provided for by the legislature and the cost of
supervision assessments collected, and may be enhanced by funds otherwise
generated by the supervising entity.
Sec. 3. RCW 9.95.210 and 1995
1st sp.s. c 19 s 29 are each amended to read as follows:
(1) In granting probation,
the superior 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 superior 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 superior court shall require the payment of the penalty
assessment required by RCW 7.68.035. The superior court may also
require the defendant to make such monetary payments, on such terms as it deems
appropriate under the circumstances, as are necessary: (a) To comply with any
order of the court for the payment of family support; (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;
(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; (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; (e) to
contribute to a county or interlocal drug fund; and (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) The superior
court shall order restitution in all cases where the victim is entitled to
benefits under the crime victims' compensation act, chapter 7.68 RCW. If the superior
court does not order restitution and the victim of the crime has been
determined to be entitled to benefits under the crime victims' compensation
act, the department of labor and industries, as administrator of the crime
victims' compensation program, may petition the superior court within
one year of imposition of the sentence for entry of a restitution order. Upon
receipt of a petition from the department of labor and industries, the superior
court shall hold a restitution hearing and shall enter a restitution order.
(4) In granting
probation, the superior 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 the instructions of the secretary. If
the county legislative authority has elected to assume responsibility for the
supervision of superior court misdemeanant probationers within its
jurisdiction, the superior court misdemeanant probationer shall report to a
probation officer employed or contracted for by the county. In cases where a
superior court misdemeanant probationer is sentenced in one county, but resides
within another county, there must be provisions for the probationer to report
to the agency having supervision responsibility for the probationer's county of
residence.
(5) If the
probationer has been ordered to make restitution and the superior court
has ordered supervision, the officer supervising the probationer shall make a
reasonable effort to ascertain whether restitution has been made. If the superior
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. 4. RCW 9.95.214 and 1995
1st sp.s. c 19 s 32 are each amended to read as follows:
Whenever a defendant
convicted of a misdemeanor or gross misdemeanor is placed on probation under
RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of
corrections or a county probation department, the department or
county probation department 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 ((department))
agency supervising the defendant and shall be applied, along with funds
appropriated by the legislature, toward the payment or part payment of the cost
of supervising the defendant.
Sec. 5. RCW 9.92.060 and 1995
1st sp.s. c 19 s 30 are each amended to read as follows:
(1) Whenever any person
is convicted of any crime except murder, burglary in the first degree, arson in
the first degree, robbery, rape of a child, or rape, the superior 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)) the superior court, and that the sentenced
person be placed under the charge of a community corrections officer employed
by the department of corrections, or if the county elects to assume
responsibility for the supervision of all superior court misdemeanant probationers
a probation officer employed or contracted for by the county, upon such
terms as the superior court may determine.
(2) As a condition to
suspension of sentence, the superior court shall require the payment of
the penalty assessment required by RCW 7.68.035. In addition, the superior
court may require the convicted person to make such monetary payments, on such
terms as the superior court deems appropriate under the circumstances,
as are necessary: (a) To comply with any order of the court for the payment of
family support; (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; (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 (d) to contribute to a county or interlocal drug
fund.
(3) As a condition of
the suspended sentence, the superior 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 the instructions of the
secretary. If the county legislative authority has elected to assume
responsibility for the supervision of superior court misdemeanant probationers
within its jurisdiction, the superior court misdemeanant probationer shall
report to a probation officer employed or contracted for by the county. In cases
where a superior court misdemeanant probationer is sentenced in one county, but
resides within another county, there must be provisions for the probationer to
report to the agency having supervision responsibility for the probationer's
county of residence.
(4) If restitution to
the victim has been ordered under subsection (2)(b) of this section and the superior
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 superior 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.
Sec. 6. RCW 10.64.120 and 1991 c
247 s 3 are each amended to read as follows:
(1) Every judge of a
court of limited jurisdiction shall have the authority to levy upon a person
a monthly assessment not to exceed ((fifty)) one hundred
dollars for services provided whenever ((a)) the person is
referred by the court to the misdemeanant probation department for
evaluation or supervision services. The assessment may also be made by a ((sentencing))
judge in superior court when such misdemeanor or gross misdemeanor cases are
heard in the superior court.
(2) For the purposes
of this section the office of the administrator for the courts shall define a
probation department and adopt rules for the qualifications of probation
officers based on occupational and educational requirements developed by an
oversight committee. This oversight committee shall include a representative
from the district and municipal court judges association, the misdemeanant
corrections association, the office of the administrator for the courts, and
associations of cities and counties. The oversight committee shall consider
qualifications that provide the training and education necessary to (a) conduct
presentencing and postsentencing background investigations, including
sentencing recommendations to the court regarding jail terms, alternatives to
incarceration, and conditions of release; and (b) provide ongoing supervision
and assessment of offenders' needs and the risk they pose to the community.
(3) It shall be
the responsibility of the probation services office to implement local
procedures approved by the court of limited jurisdiction to ensure collection
and payment of such fees into the general fund of the city or county treasury.
(((3))) (4)
Revenues raised under this section shall be used to fund programs for probation
services and shall be in addition to those funds provided in RCW 3.62.050.
Sec. 7. 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 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.
