Washington's Discretionary Immunity Doctrine and Negligent Early Release Decisions: Parole and Work Release

The Washington Supreme Court has held the discretionary immunity doctrine to constitute a highly circumscribed exception to the rule of governmental liability. An analysis of Washington case law reveals that parole and work release determinations properly fall outside the pale of the exception. A negligent decision to place a sex or violent offender in a parole or work release program therefore should subject the state to liability. The Author proposes a negligence-based liability rule that would create incentives to due care on the part of state administrators responsible for parole and work release decisions without imposing an unreasonable burden on the state.