BILL REQ. #:  H-0461.3 

Read first time 01/24/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to district and municipal court preconviction and postconviction probation and supervision services for persons charged with or convicted of misdemeanor crimes; and adding new sections to chapter 4.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 4.24 RCW to read as follows:
     The legislature finds that the provision of preconviction and postconviction misdemeanor probation and supervision services, and the monitoring of persons charged with or convicted of misdemeanors to ensure their compliance with preconviction or postconviction orders of the court, are essential to improving the safety of the public in general. Furthermore, the legislature finds that decisions concerning whether criminal offenders are released into the community pretrial or postconviction, including the revocation of probation, rest with the judiciary.

NEW SECTION.  Sec. 2   A new section is added to chapter 4.24 RCW to read as follows:
     A district court and a municipal court, and its officers, employees, agents, and volunteers, who provide preconviction or postconviction misdemeanor probation or supervision services, or monitor a misdemeanor defendant's compliance with a preconviction or postconviction order of the court, including but not limited to community corrections programs, probation supervision, pretrial supervision, or pretrial release services, are not liable for civil damages resulting from any act or omission in the provision of such services or monitoring, unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists.

NEW SECTION.  Sec. 3   A new section is added to chapter 4.24 RCW to read as follows:
     The burden of proof in any action alleging damages as a result of any act or omission in providing preconviction or postconviction misdemeanor probation or supervision services, or monitoring a misdemeanor defendant's compliance with a preconviction or postconviction order of the court, is clear, cogent, and convincing evidence.