| Passed by the House March 9, 2007 Yeas 97 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 9, 2007 Yeas 47 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1669 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/27/07.
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:
(1) A limited jurisdiction court that provides misdemeanant
supervision services is not liable for civil damages based on the
inadequate supervision or monitoring of a misdemeanor defendant or
probationer unless the inadequate supervision or monitoring constitutes
gross negligence.
(2) For the purposes of this section:
(a) "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.
(b) "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) This section does not create any duty and shall not be
construed to create a duty where none exists. Nothing in this section
shall be construed to affect judicial immunity.