BILL REQ. #:  S-4689.1 

Read first time 01/27/2006.   Referred to Committee on Judiciary.

     AN ACT Relating to state and local agency tort liability for the acts of supervised persons in the community; adding new sections to chapter 4.92 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 it is in the public interest to limit the liability of state and local governments for injuries caused by released offenders and other persons who are being supervised in the community or who are on a community-based treatment monitoring program. The legislature intends this act to limit both the class of supervised persons for whom state and local government can be held liable and the circumstances under which liability can be imposed.

NEW SECTION.  Sec. 2   For purposes of this act, "supervised person" means anyone in or on community supervision, community custody, community placement, or pretrial supervision, including juvenile offenders under the jurisdiction of the juvenile rehabilitation administration of the department of social and health services or any successor organization, anyone subject to a commitment order under chapter 10.77, 70.96A, 71.05, 71.09, or 71.34 RCW, and anyone supervised under chapter 71A.12 RCW, and conditionally released or on a less restrictive alternative.

NEW SECTION.  Sec. 3   The state, local governments, and their agencies, officers, and employees shall not be held liable for damages or injuries to persons or property caused by supervised persons when their only known charges or convictions do not include violence.

NEW SECTION.  Sec. 4   Liability for injuries or deaths caused by supervised persons may be imposed on the state, local governments, their agencies, officers, or employees only pursuant to this section and subject to the limitations of section 3 of this act. The state, local governments, and their agencies, officers, or employees may be found liable for personal injuries or deaths caused by offenders other than those identified in section 3 of this act only if each of the following elements is present:
     (1) The injury-causing conduct of the supervised person is criminal;
     (2) The criminal act resulting in the injury or death is within the criminal propensity of the individual. For the purposes of this section, "criminal propensity" means the totality of criminal conduct for which the supervised person has been charged or convicted;
     (3) The supervised person has violated the terms of the judgment and sentence;
     (4) The supervising agency or employee knows or should have known of behavioral symptoms, conduct, statements, or other manifestations of an increased likelihood on the part of the supervised person of committing the act complained of. The supervised person's failure to take medications that were prescribed for the purpose of maintaining behavioral control constitutes such a behavioral symptom; and
     (5) The supervised person would have been incarcerated or restrained on the date of the conduct resulting in personal injury or death if the violation of the judgment and sentence had been reported to a judicial or quasi-judicial entity with the authority to incarcerate the supervised person.

NEW SECTION.  Sec. 5   Sections 2 through 4 of this act are each added to chapter 4.92 RCW.