BILL REQ. #:  S-1043.1 

Read first time 02/05/2003.   Referred to Committee on Children & Family Services & Corrections.

     AN ACT Relating to nonliability for a formerly confined person's acts subsequent to release; and adding a new section to chapter 70.48 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.48 RCW to read as follows:
     (1) Under no circumstances shall the governing unit of an adult jail or juvenile detention facility, or any past or present officer, employee, independent contractor, or volunteer of the governing unit, be civilly or criminally liable for any act committed by a person after his or her release from total or partial confinement, provided that the person's release from total or partial confinement was pursuant to the terms of a court order, valid on its face, or other lawful authority.
     (2) As used in this section:
     (a) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
     (b) "Partial confinement" means confinement under any conditions constituting less than total confinement, imposed by sentence, other court order, or other lawful authority, and for which an adult jail or juvenile detention facility has some oversight. Partial confinement includes, but is not limited to, work release, home detention, work crew, day reporting, or any combination of the same.
     (3) Nothing in this section may be construed as creating, expanding, or, except as set forth in subsection (1) of this section, otherwise limiting any duties or liabilities of the governing unit of an adult jail or juvenile detention facility, or of any past or present officer, employee, independent contractor, or volunteer of the governing unit, for any act committed by a person before or after his or her release.