SENATE BILL REPORT

SB 5673

As Passed Senate, March 12, 2003

Title: An act relating to nonliability for a formerly confined person's acts subsequent to release.

Brief Description: Clarifying that confinement facilities are not liable for former confined persons' acts after release.

Sponsors: Senators Brandland, Benton, Stevens, Hargrove, Honeyford, Haugen, Mulliken and Winsley.

Brief History:

Committee Activity: Children & Family Services & Corrections: 2/12/03, 2/18/03 [DP].

Passed Senate: 3/12/03, 49-0.

SENATE COMMITTEE ON CHILDREN & FAMILY SERVICES & CORRECTIONS

Majority Report: Do pass.

      Signed by Senators Stevens, Chair; Parlette, Vice Chair; Carlson, Deccio, Hargrove, McAuliffe and Regala.

Staff: Tony Rugel (786-7754)

Background: Concerns have been raised that an offender who has been released from a correctional facility and subsequently commits an illegal act can attempt to shift liability for the act to the staff or governing unit of the facility from which he or she was released.

Summary of Bill: Under no circumstances will any staff member or governing unit of an adult jail or juvenile detention facility be held civilly or criminally liable for an act committed by an offender after the offender's lawful release from total or partial confinement.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: Representatives from the Association of Counties verbally emphasized their support for the bill.

Testimony Against: None.

Testified: PRO: Sophia Byrd, Washington Association of Counties; Michael Shaw, Washington Association of Counties.