BILL REQ. #:  S-1955.1 

READ FIRST TIME 02/28/05.   

     AN ACT Relating to supervision of offenders who travel or transfer to or from another state; amending RCW 9.95.204, 9.95.214, 35.20.255, and 10.64.120; adding a new section to chapter 9.94A RCW; adding a new section to chapter 3.66 RCW; adding a new section to chapter 3.50 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 9.94A RCW to read as follows:
     (1) The department may supervise nonfelony offenders transferred to Washington pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and shall supervise these offenders according to the provisions of this chapter.
     (2) The department shall process applications for interstate transfer of felony and nonfelony offenders pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and may charge offenders a reasonable fee for processing the application.

Sec. 2   RCW 9.95.204 and 1996 c 298 s 1 are each amended 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 RCW 9.95.206;
     (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.
     (8)(a) If a misdemeanant probationer requests permission to travel or transfer to another state, the assigned probation officer employed or contracted for by the county shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:
     (i) Notify the department of corrections of the probationer's request;
     (ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
     (iii) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;
     (iv) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;
     (v) Resume supervision if the probationer returns to this state before the term of probation expires.
     (b) The probationer shall receive credit for time served while being supervised by another state.

Sec. 3   RCW 9.95.214 and 1996 c 298 s 4 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 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. The department or county probation department shall suspend such assessment while the defendant is being supervised by another state pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision.

NEW SECTION.  Sec. 4   A new section is added to chapter 3.66 RCW to read as follows:
     (1) If a person placed on probation for one year or more for a misdemeanor or gross misdemeanor by a district court requests permission to travel or transfer to another state, the assigned probation officer shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:
     (a) Notify the department of corrections of the probationer's request;
     (b) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
     (c) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;
     (d) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;
     (e) Resume supervision if the probationer returns to this state before the term of probation expires.
     (2) The probationer shall receive credit for time served while being supervised by another state.
     (3) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.
     (4) The state of Washington, the department of corrections and its employees, and any county and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.

Sec. 5   RCW 35.20.255 and 2001 c 94 s 3 are each amended to read as follows:
     (1) Judges of the municipal court, in their discretion, shall have the power in all criminal proceedings within their jurisdiction including violations of city ordinances, to defer imposition of any sentence, suspend all or part of any sentence including installment payment of fines, fix the terms of any such deferral or suspension, and provide for such probation as in their opinion is reasonable and necessary under the circumstances of the case, but in no case shall it extend for more than five years from the date of conviction for a defendant to be sentenced under RCW 46.61.5055 and two years from the date of conviction for all other offenses. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720. Any time before entering an order terminating probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence.
     (2)(a) If a defendant whose sentence has been deferred requests permission to travel or transfer to another state, the director of probation services or a designee thereof shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the director or designee shall:
     (i) Notify the department of corrections of the defendant's request;
     (ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
     (iii) Notify the defendant of the fee due to the department of corrections for processing an application under the compact;
     (iv) Cease supervision of the defendant while another state supervises the defendant pursuant to the compact;
     (v) Resume supervision if the defendant returns to this state before the period of deferral expires.
     (b) The defendant shall receive credit for time served while being supervised by another state.
     (c) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.
     (d) The state of Washington, the department of corrections and its employees, and any city and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.

NEW SECTION.  Sec. 6   A new section is added to chapter 3.50 RCW to read as follows:
     (1) If a person placed on probation for one year or more for a misdemeanor or gross misdemeanor by a municipal court requests permission to travel or transfer to another state, the assigned probation officer shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:
     (a) Notify the department of corrections of the probationer's request;
     (b) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
     (c) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;
     (d) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;
     (e) Resume supervision if the probationer returns to this state before the term of probation expires.
     (2) The probationer shall receive credit for time served while being supervised by another state.
     (3) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.
     (4) The state of Washington, the department of corrections and its employees, and any city and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.

Sec. 7   RCW 10.64.120 and 1996 c 298 s 6 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 one hundred dollars for services provided whenever 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 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.
     (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.
     (5) Assessments and fees levied upon a probationer under this section must be suspended while the probationer is being supervised by another state under RCW 9.94A.745, the interstate compact for adult offender supervision.

NEW SECTION.  Sec. 8   This act applies to offenders sentenced before, on, or after the effective date of this act.

NEW SECTION.  Sec. 9   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.