ESSB 6157 -
By Representative Walsh
WITHDRAWN 04/21/2007
On page 34, after line 26, insert the following:
"Sec. 308 RCW 9.94A.720 and 2003 c 379 s 7 are each amended to
read as follows:
(1)(a) Except as provided in RCW 9.94A.501, all offenders sentenced
to terms involving community supervision, community restitution,
community placement, or community custody shall be under the
supervision of the department and shall follow explicitly the
instructions and conditions of the department. The department may
require an offender to perform affirmative acts it deems appropriate to
monitor compliance with the conditions of the sentence imposed. The
department may only supervise the offender's compliance with payment of
legal financial obligations during any period in which the department
is authorized to supervise the offender in the community under RCW
9.94A.501.
(b) The instructions shall include, at a minimum, reporting as
directed to a community corrections officer, remaining within
prescribed geographical boundaries, notifying the community corrections
officer of any change in the offender's address or employment, and
paying the supervision fee assessment.
(c) For offenders sentenced to terms involving community custody
for crimes committed on or after June 6, 1996, the department may
include, in addition to the instructions in (b) of this subsection, any
appropriate conditions of supervision, including but not limited to,
prohibiting the offender from having contact with any other specified
individuals or specific class of individuals.
(d) For offenders sentenced to terms of community custody for
crimes committed on or after July 1, 2000, the department may impose
conditions as specified in RCW 9.94A.715.
The conditions authorized under (c) of this subsection may be
imposed by the department prior to or during an offender's community
custody term. If a violation of conditions imposed by the court or the
department pursuant to RCW 9.94A.710 occurs during community custody,
it shall be deemed a violation of community placement for the purposes
of RCW 9.94A.740 and shall authorize the department to transfer an
offender to a more restrictive confinement status as provided in RCW
9.94A.737. At any time prior to the completion of an offender's term
of community custody, the department may recommend to the court that
any or all of the conditions imposed by the court or the department
pursuant to RCW 9.94A.710 or 9.94A.715 be continued beyond the
expiration of the offender's term of community custody as authorized in
RCW 9.94A.715 (3) or (5).
The department may require offenders to pay for special services
rendered on or after July 25, 1993, including electronic monitoring,
day reporting, and telephone reporting, dependent upon the offender's
ability to pay. The department may pay for these services for
offenders who are not able to pay.
(2) No offender sentenced to terms involving community supervision,
community restitution, community custody, or community placement under
the supervision of the department may own, use, or possess firearms or
ammunition. Offenders who own, use, or are found to be in actual or
constructive possession of firearms or ammunition shall be subject to
the violation process and sanctions under RCW 9.94A.634, 9.94A.737, and
9.94A.740. "Constructive possession" as used in this subsection means
the power and intent to control the firearm or ammunition. "Firearm"
as used in this subsection has the same definition as in RCW 9.41.010.
(3) A community corrections officer is not liable for civil damages
arising from an act or omission that occurs when the community
corrections officer provides assistance to a law enforcement officer so
long as the community corrections officer was acting at the request of
the law enforcement officer, unless the act or omission constitutes
gross negligence.
(4) A community corrections officer is not liable for civil damages
arising from an act or omission that occurs when the community
corrections officer interacts with a third party who is attempting to
intervene in a situation in which the community corrections officer is
contacting an offender on community custody or community supervision,
unless the act or omission constitutes gross negligence."
Correct the title.
EFFECT: Provides immunity from civil damages to a community corrections officer for damages arising from an act or omission that occurs when the community corrections officer provides assistance to a law enforcement officer at the law enforcement officer's request, unless the act or omission constitutes gross negligence. Provides immunity from civil damages to a community corrections officer for damages arising from an act or omission that occurs when the community corrections officer interacts with a third party who is attempting to intervene in a situation in which the community corrections officer is contacting an offender on community custody or community supervision, unless the act or omission constitutes gross negligence.