H-3885.3  _______________________________________________

                          HOUSE BILL 2715

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives O'Brien, Ballasiotes and H. Sommers

Read first time 01/19/2000.  Referred to Committee on Judiciary.

Limiting liability of counties and cities providing preconviction and postconviction probation or supervision services for persons charged with or convicted of misdemeanors and developing standards for supervision.

    AN ACT Relating to preconviction and postconviction probation or supervision services for persons charged with or convicted of misdemeanors; adding new sections to chapter 9.95 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 preconviction and postconviction probation or supervision of persons charged with or convicted of misdemeanors is necessary to improve the safety of the community in general.  Also, the legislature finds that the decision concerning whether a criminal offender is released into the community pending trial or placed on postconviction supervision, as well as revocation of community placement, rests with the judiciary.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.95 RCW to read as follows:

    If a county, city, or other local government entity engages in the provision of preconviction or postconviction probation or supervision services for persons charged with or convicted of misdemeanors, the county, city, or other local government entity, and their staff and volunteers who assist in probation or supervision, are not liable for civil damages resulting from any act or omission in providing probation or supervision services unless the act or omission constitutes gross negligence.

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

    The Washington state law and justice advisory council, appointed under RCW 72.09.300(7), shall by October 1, 2000, develop standards for preconviction and postconviction probation and supervision services by counties, cities, and other local government entities of persons charged with or convicted of misdemeanors.

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