Z-0101.3  _______________________________________________

                         SENATE BILL 5047

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Long, Costa, Hargrove and Carlson; by request of Department of Corrections

Read first time 01/09/2001.  Referred to Committee on Human Services & Corrections.

Authorizing the department of corrections to detain, search, or remove persons who enter correctional facilities or institutional grounds.

    AN ACT Relating to the authority of the department of corrections to detain, search, or remove persons who enter correctional facilities or institutional grounds; adding a new section to chapter 72.09 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 72.09 RCW to read as follows:

    (1) An employee of the department who is a limited authority Washington peace officer under RCW 10.93.020 may use reasonable force to detain, search, or remove persons who enter or remain without permission within a correctional facility or institutional grounds or whenever, upon probable cause, it appears to such employee that a person has committed or is attempting to commit a crime, or possesses contraband within a correctional facility or institutional grounds.  Should any person be detained, the department shall immediately notify a local law enforcement agency having jurisdiction over the correctional facility or institutional grounds of the detainment.  The department is authorized to detain the person for a reasonable time to search the person and confiscate any contraband, and until custody of the person and any illegal contraband can be transferred to a law enforcement officer when appropriate.  An employee of the department who is a limited authority Washington peace officer under RCW 10.93.020 may use that force necessary in the protection of persons and properties located within the confines of the correctional facility or institutional grounds.

    (2) The rights granted in subsection (1) of this section are in addition to any others that may exist by law including, but not limited to, the rights granted in RCW 9A.16.020.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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