"Sec. 1   RCW 9.94A.631 and 1984 c 209 s 11 are each amended to read as follows:
     (1) If an offender, including an escapee or an absconder, violates any condition or requirement of ((a)) his or her sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court or a department of corrections hearing officer. A community corrections officer may also arrest an offender for any crime committed in his or her presence. If a community corrections officer arrests or causes the arrest of an offender under this section, the offender shall be confined and detained in the county jail of the county in which the offender was taken into custody, and the sheriff of that county shall receive and keep in the county jail, where room is available, all prisoners delivered to the jail by the community corrections officer, and such offenders shall not be released from custody on bail or personal recognizance, except upon approval of the court or authorized department staff, pursuant to a written order.
     (2) If there is reasonable cause to believe that an offender, including an escapee or an absconder, has violated a condition or requirement of ((the)) his or her sentence, ((an)) the offender may be required to submit to a search and seizure of the offender's person, residence, automobile, or other personal property. ((A community corrections officer may also arrest an offender for any crime committed in his or her presence. The facts and circumstances of the conduct of the offender shall be reported by the community corrections officer, with recommendations, to the court.
     If a community corrections officer arrests or causes the arrest of an offender under this section, the offender shall be confined and detained in the county jail of the county in which the offender was taken into custody, and the sheriff of that county shall receive and keep in the county jail, where room is available, all prisoners delivered to the jail by the community corrections officer, and such offenders shall not be released from custody on bail or personal recognizance, except upon approval of the court, pursuant to a written order.)) For the safety and security of the public and department staff, a community corrections officer may search an offender's person, residence, automobile, or other personal property of the offender, if the community corrections officer, based on the officer's professional judgment and discretion, has reasonable cause to believe that the offender, including an escapee or an absconder, has violated a condition or requirement of his or her sentence.
     (3) For the safety and security of department staff, an offender may be required to submit to pat searches, or other limited security searches, by community corrections officers, correctional officers, and other agency approved staff, without reasonable cause, when in or on department premises, grounds, facilities, or vehicles, or while preparing to enter department premises, grounds, facilities, or vehicles. Pat searches of offenders shall be conducted only by staff who are the same gender as the offender, except in emergency situations.
     (4) The legislature finds that: (a) Offenders in total confinement may be subjected to random, unannounced inspections without violating the constitutional requirement that all searches be reasonable; (b) offenders on community custody, including escapees and absconders, have the same expectation of privacy as offenders in total confinement; and (c) requiring offenders on community custody, including escapees and absconders, to submit to random, unannounced inspections is therefore reasonable under the United States and Washington state Constitutions.
     (5) When a court sentences an offender to a term of community custody under RCW 9.94A.505(2)(b), 9.94A.545, 9.94A.650, or 9.94A.715, for a crime committed on or after the effective date of this act, the court shall require the offender, as a condition of community custody, to submit to random, unannounced inspections of his or her person, residence, automobile, or other personal property.
     (6) An offender may be required to submit to a search of the offender's person, residence, automobile, or other personal property, without reasonable cause to believe that he or she has violated a condition or requirement of his or her sentence, if the search is a condition of the offender's community custody under subsection (5) of this section. For the safety and security of the public and department staff, a community corrections officer may search an offender's person, residence, automobile, or other personal property of the offender, without reasonable cause, if the search is a condition of the offender's community custody under subsection (5) of this section.
     (7) The facts and circumstances of the conduct of an offender, arrest, or requirement to submit to a search and seizure, or random, unannounced inspection of the offender's person, residence, automobile, or other personal property by a community corrections officer under this section, shall be reported by the community corrections officer, with recommendations, to the court or department of corrections hearing officer."