9.95.204 - Misdemeanant probation services -- County supervision.

Misdemeanant probation services — County supervision.

(1) When a superior court places a defendant convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or 9.95.210, the department of corrections has initial responsibility for supervision of that defendant.

     (2) A county legislative authority may assume responsibility for the supervision of all defendants within its jurisdiction who have been convicted of a misdemeanor or gross misdemeanor and sentenced to probation by a superior court. The assumption of responsibility shall be made by contract with the department of corrections on a biennial basis.

     (3) If a county assumes supervision responsibility, the county shall supervise all superior court misdemeanant probationers within that county for the duration of the biennium, as set forth in the contract with the department of corrections.

     (4) A contract between a county legislative authority and the department of corrections for the transfer of supervision responsibility must include, at a minimum, the following provisions:

     (a) The county's agreement to supervise all misdemeanant probationers who are sentenced by a superior court within that county and who reside within that county;

     (b) A reciprocal agreement regarding the supervision of superior court misdemeanant probationers sentenced in one county but who reside in another county;

     (c) The county's agreement to comply with the minimum standards for classification and supervision of offenders as required under *RCW 9.95.206;

     (d) The amount of funds available from the department of corrections to the county for supervision of superior court misdemeanant probationers, calculated according to a formula established by the department of corrections;

     (e) A method for the payment of funds by the department of corrections to the county;

     (f) The county's agreement that any funds received by the county under the contract will be expended only to cover costs of supervision of superior court misdemeanant probationers;

     (g) The county's agreement to account to the department of corrections for the expenditure of all funds received under the contract and to submit to audits for compliance with the supervision standards and financial requirements of this section;

     (h) Provisions regarding rights and remedies in the event of a possible breach of contract or default by either party; and

     (i) Provisions allowing for voluntary termination of the contract by either party, with good cause, after sixty days' written notice.

     (5) If the contract between the county and the department of corrections is terminated for any reason, the department of corrections shall reassume responsibility for supervision of superior court misdemeanant probationers within that county. In such an event, the department of corrections retains any and all rights and remedies available by law and under the contract.

     (6) The state of Washington, the department of corrections and its employees, community corrections officers, and volunteers who assist community corrections officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of a county. A county, its probation department and employees, probation officers, and volunteers who assist probation officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of the department of corrections. This subsection applies regardless of whether the supervising entity is in compliance with the standards of supervision at the time of the misdemeanant probationer's actions.

     (7) The state of Washington, the department of corrections and its employees, community corrections officers, any county under contract with the department of corrections pursuant to this section and its employees, probation officers, and volunteers who assist community corrections officers and probation officers in the superior court misdemeanant probation program are not liable for civil damages resulting from any act or omission in the rendering of superior court misdemeanant probation activities unless the act or omission constitutes gross negligence. For purposes of this section, "volunteers" is defined according to RCW 51.12.035.

     (8) The provisions of RCW 9.94A.501 apply to sentences imposed under this section.

     (9)(a) If a misdemeanant probationer requests permission to travel or transfer to another state, the assigned probation officer employed or contracted for by the county shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:

     (i) Notify the department of corrections of the probationer's request;

     (ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;

     (iii) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;

     (iv) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;

     (v) Resume supervision if the probationer returns to this state before the term of probation expires.

     (b) The probationer shall receive credit for time served while being supervised by another state.

[2005 c 400 § 2; 2005 c 362 § 3; 1996 c 298 § 1.]

Notes: Reviser's note: *(1) RCW 9.95.206 was repealed by 2009 c 375 § 16.

     (2) This section was amended by 2005 c 362 § 3 and by 2005 c 400 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Application -- Effective date -- 2005 c 400: See notes following RCW 9.94A.74504.

Effective date -- 2005 c 362: See note following RCW 9.94A.501.