ESSB 6157 -
By Representative Rodne
WITHDRAWN 04/21/2007
On page 55, after line 34, insert the following:
NEW SECTION. Sec. 701 A new section is added to chapter 4.24 RCW
to read as follows:
For the purposes of this chapter:
(1) "Limited jurisdiction court" means a district court or a
municipal court, and anyone acting or operating at the direction of
such court, including but not limited to its officers, employees,
agents, contractors, and volunteers.
(2) "Misdemeanant supervision services" means preconviction or
postconviction misdemeanor probation or supervision services, or the
monitoring of 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.
(3) "Supervision or community custody" includes preconviction or
postconviction probation or supervision services, or the monitoring of
a 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. Community supervision also includes activities
associated with partnerships between corrections officers and law
enforcement that may exist for this purpose.
(4) "The state" means the state, the department of corrections, and
anyone acting under the direction of the state or department, including
but not limited to its officers, employees, agents, contractors, and
volunteers.
NEW SECTION. Sec. 702 A new section is added to chapter 4.24 RCW
to read as follows:
A limited jurisdiction court that provides misdemeanant supervision
services is not liable for civil damages resulting from any act or
omission in the provision of supervision or community custody 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. 703 A new section is added to chapter 4.24 RCW
to read as follows:
The state is not liable for civil damages resulting from any act or
omission in the provision of supervision or community custody 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. 704 A new section is added to chapter 4.24 RCW
to read as follows:
(1) The state is not liable for civil damages resulting from any
act or omission in the assessment, screening, or delivery of services
to an offender under supervision or community custody for the purpose
of creating, amending, maintaining, or implementing an individual
reentry plan, unless the act or omission constitutes gross negligence.
(2) A limited jurisdiction court is not liable for civil damages
resulting from any act or omission in the assessment, screening, or
delivery of services to an offender under supervision or community
custody for the purpose of creating, amending, maintaining, or
implementing an individual reentry plan unless the act or omission
constitutes gross negligence.
(3) This section does not create any duty and shall not be
construed to create a duty where none exists."
Renumber the remaining part heading and sections consecutively, correct internal references accordingly, and correct the title.
EFFECT: Provides immunity from civil damages to a court of limited jurisdiction for any act or omission in the provision of supervision or community custody, unless the act or omission constitutes gross negligence. Provides immunity from civil damages to the state for any act or omission in the provision of supervision or community custody, unless the act or omission constitutes gross negligence. Provides immunity from civil damages to the state for an act or omission in the assessment, screening, or delivery of services to an offender under supervision or community custody for the purpose of creating, amending, maintaining, or implementing an individual reentry plan (IRP), unless the act or omission constitutes gross negligence. Provides immunity from civil damages to a court of limited jurisdiction for any act or omission in the assessment, screening, or delivery of services to an offender under supervision or community custody for the purpose of creating, amending, maintaining, or implementing an IRP, unless the act or omission constitutes gross negligence.