(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 responsibility for supervision of defendants pursuant to RCW 9.94A.501 and 9.94A.5011.

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

     (3) 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.

     (4) The state of Washington, the department of corrections and its employees, community corrections officers, any county providing supervision services 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.

     (5)(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.

[2011 1st sp.s. c 40 § 6. Prior: 2005 c 400 § 2; 2005 c 362 § 3; 1996 c 298 § 1.]

NOTES:

     Application -- Recalculation of community custody terms -- 2011 1st sp.s. c 40: See note following RCW 9.94A.501.

     Effective date -- 2011 1st sp.s. c 40 §§ 1-9, 42: See note following RCW 9.94A.501.

     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.