ESHB 1792 -
By Committee on Human Services & Corrections
ADOPTED 04/15/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 9.94A.631 and 1984 c 209 s 11 are each amended to
read as follows:
(1) If an offender violates any condition or requirement of a
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. If there is
reasonable cause to believe that an offender has violated a condition
or requirement of the sentence, a community corrections officer may
require an offender ((may be required)) to submit to a search and
seizure of the offender's person, residence, automobile, or other
personal property.
(2) 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, or facilities, 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.
(3) 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 or
department of corrections hearing officer.
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."
ESHB 1792 -
By Committee on Human Services & Corrections
ADOPTED 04/15/2009
On page 1, line 2 of the title, after "personnel;" strike the remainder of the title and insert "and amending RCW 9.94A.631."