Defendant supervision costs

AN ACT Relating to cost sharing of county supervision of 1
defendants with local government; and amending RCW 9.95.204, 2
9.94A.702, and 9.92.060. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.95.204 and 2022 c 29 s 11 are each amended to read 5
as follows: 6
(1) When a superior court places a defendant convicted of a 7
misdemeanor or gross misdemeanor on probation and orders supervision 8
under RCW 9.92.060 or 9.95.210, the department of corrections has 9
responsibility for supervision of defendants pursuant to RCW 10
9.94A.501 and 9.94A.5011. The county must reimburse the department of 11
corrections for 25 percent of the cost of supervision for any 12
defendant for whom the superior court ordered supervision by the 13
department, unless the county assumes responsibility for the 14
supervision under subsection (2) of this section.15
(2) A county legislative authority may assume responsibility for 16
the supervision of defendants within its jurisdiction who have been 17
convicted of a misdemeanor or gross misdemeanor and sentenced to 18
probation by a superior court. If a county legislative authority 19
chooses to assume responsibility for defendants supervised by the 20
Z-0206.2
HOUSE BILL 1465
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fitzgibbon and Ormsby; by request of Office of
Financial Management
Read first time 01/21/25. Referred to Committee on Appropriations.
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department, the assumption of responsibility shall be made by 1
contract with the department of corrections on a biennial basis.2
(3) The state of Washington, the department of corrections and 3
its employees, community corrections officers, and volunteers who 4
assist community corrections officers are not liable for any harm 5
caused by the actions of a superior court misdemeanant probationer 6
who is under the supervision of a county. A county, its probation 7
department and employees, probation officers, and volunteers who 8
assist probation officers are not liable for any harm caused by the 9
actions of a superior court misdemeanant probationer who is under the 10
supervision of the department of corrections. 11
(4) The state of Washington, the department of corrections and 12
its employees, community corrections officers, any county providing 13
supervision services pursuant to this section and its employees, 14
probation officers, and volunteers who assist community corrections 15
officers and probation officers in the superior court misdemeanant 16
probation program are not liable for civil damages resulting from any 17
act or omission in the rendering of superior court misdemeanant 18
probation activities unless the act or omission constitutes gross 19
negligence. For purposes of this section, "volunteers" is defined 20
according to RCW 51.12.035. 21
(5)(a) If a misdemeanant probationer requests permission to 22
travel or transfer to another state, the assigned probation officer 23
employed or contracted for by the county shall determine whether such 24
request is subject to RCW 9.94A.745, the interstate compact for adult 25
offender supervision. If such request is subject to the compact, the 26
probation officer shall: 27
(i) Notify the department of corrections of the probationer's 28
request; 29
(ii) Provide the department of corrections with the supporting 30
documentation it requests for processing an application for transfer;31
(iii) Cease supervision of the probationer while another state 32
supervises the probationer pursuant to the compact;33
(iv) Resume supervision if the probationer returns to this state 34
before the term of probation expires. 35
(b) The probationer shall receive credit for time served while 36
being supervised by another state. 37
Sec. 2. RCW 9.94A.702 and 2010 c 267 s 12 are each amended to 38
read as follows: 39
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(1) If an offender is sentenced to a term of confinement for one 1
year or less for one of the following offenses, the court may impose 2
up to one year of community custody: 3
(a) A sex offense; 4
(b) A violent offense; 5
(c) A crime against a person under RCW 9.94A.411;6
(d) A felony violation of chapter 69.50 or 69.52 RCW, or an 7
attempt, conspiracy, or solicitation to commit such a crime; or8
(e) A felony violation of RCW 9A.44.132(1) (failure to register).9
(2) If an offender is sentenced to a first-time offender waiver, 10
the court may impose community custody as provided in RCW 9.94A.650.11
(3) The county must reimburse the department of corrections for 12
25 percent of the cost of supervision for any defendant for whom the 13
superior court ordered supervision by the department.14
Sec. 3. RCW 9.92.060 and 2023 c 449 s 7 are each amended to read 15
as follows: 16
(1)(a) Whenever any person is convicted of any crime except 17
murder, burglary in the first degree, arson in the first degree, 18
robbery, rape of a child, or rape, the superior court may, in its 19
discretion, at the time of imposing sentence upon such person, direct 20
that such sentence be stayed and suspended until otherwise ordered by 21
the superior court, and, upon such terms as the superior court may 22
determine, that the sentenced person be placed under the charge of:23
(((a))) (i) A community corrections officer employed by the 24
department of corrections, if the person is subject to supervision 25
under RCW 9.94A.501 or 9.94A.5011; or 26
(((b))) (ii) A probation officer employed or contracted for by 27
the county, if the county has elected to assume responsibility for 28
the supervision of superior court misdemeanant probationers.29
(b) The county must reimburse the department of corrections for 30
25 percent of the cost of supervision for any defendant for whom the 31
superior court ordered supervision by the department, unless the 32
county assumes responsibility for the supervision under (a)(ii) of 33
this subsection.34
(2) As a condition to suspension of sentence, the superior court 35
may require the convicted person to make such monetary payments, on 36
such terms as the superior court deems appropriate under the 37
circumstances, as are necessary: (a) To comply with any order of the 38
court for the payment of family support; (b) to make restitution to 39
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any person or persons who may have suffered loss or damage by reason 1
of the commission of the crime in question or when the offender 2
pleads guilty to a lesser offense or fewer offenses and agrees with 3
the prosecutor's recommendation that the offender be required to pay 4
restitution to a victim of an offense or offenses which are not 5
prosecuted pursuant to a plea agreement; (c) to pay any fine imposed 6
and not suspended and the court or other costs incurred in the 7
prosecution of the case, including reimbursement of the state for 8
costs of extradition if return to this state by extradition was 9
required; and (d) to contribute to a county or interlocal drug fund.10
(3) At any time, including at sentencing, the court may determine 11
that the offender is not required to pay, or may relieve the offender 12
of the requirement to pay, full or partial restitution and accrued 13
interest on restitution where the entity to whom restitution is owed 14
is an insurer or a state agency, except for restitution owed to the 15
department of labor and industries under chapter 7.68 RCW, if the 16
court finds that the offender does not have the current or likely 17
future ability to pay. A person does not have the current ability to 18
pay if the person is indigent as defined in RCW 10.01.160(3). For the 19
purposes of this subsection, the terms "insurer" and "state agency" 20
have the same meanings as provided in RCW 9.94A.750(3).21
(4) As a condition of the suspended sentence, the superior court 22
may order the probationer to report to the secretary of corrections 23
or such officer as the secretary may designate and as a condition of 24
the probation to follow the instructions of the secretary. If the 25
county legislative authority has elected to assume responsibility for 26
the supervision of superior court misdemeanant probationers within 27
its jurisdiction, the superior court misdemeanant probationer shall 28
report to a probation officer employed or contracted for by the 29
county. In cases where a superior court misdemeanant probationer is 30
sentenced in one county, but resides within another county, there 31
must be provisions for the probationer to report to the agency having 32
supervision responsibility for the probationer's county of residence.33
(5) If restitution to the victim has been ordered under 34
subsection (2)(b) of this section and the superior court has ordered 35
supervision, the officer supervising the probationer shall make a 36
reasonable effort to ascertain whether restitution has been made as 37
ordered. If the superior court has ordered supervision and 38
restitution has not been made, the officer shall inform the 39
prosecutor of that violation of the terms of the suspended sentence 40
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not less than three months prior to the termination of the suspended 1
sentence. 2
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