Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Human Services Committee

HB 1792

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Authorizes the Department of Corrections (DOC) staff to require an offender under the supervision of a community corrections officer (CCO) to submit to pat searches or other limited security searches when the offender is present on the DOC's premises or in its vehicles. Except in emergencies, only female staff may conduct pat down searches of female offenders.
Authorizes DOC hearing officers, in addition to the court, to make determinations regarding whether an offender's arrest for a violation of a probation condition was appropriate.
Requires the CCO to report circumstances and facts of arrest, with recommendations, to a court or DOC hearing officer.
Authorizes DOC staff, in addition to a court, to approve releases from detention on bail or personal recognizance.

Background:

Searches of an Offender Under Supervision.

Searches without a warrant are generally unreasonable per se unless it is demonstrated that public interest justifies creation of an exception to the general warrant requirement. An offender who is under the supervision of the Department of Corrections (DOC) has a diminished right to privacy. Under the Fourth Amendment of the United States Constitution and Article 1, Section 7 of the Washington State Constitution, a community corrections officer (CCO) may search an offender's person, automobile, residence, or personal property without obtaining a warrant if the community corrections officer has reasonable cause to believe that the offender has violated a condition of his or her release. Reasonable cause must be based upon a well-founded suspicion that a probation violation has occurred.

A well-founded suspicion is analogous to the cause requirement of a Terry stop (contact with a police officer) in that it must be based upon specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant a search. A reasonable suspicion requires only sufficient probability, not absolute certainty. A well founded suspicion is a lesser standard of proof than probable cause.

Arrest of Offender Under Supervision.

If an offender violates any condition or requirement of a sentence, the CCO may arrest the offender without a warrant pending a determination by the court.

The CCO may arrest the offender for a crime committed in his or her presence, and the CCO shall report the facts and circumstances of the conduct of the offender with recommendations to the court. If the CCO arrests or causes the arrest of an offender, the offender shall be detained in the county jail of the county in which the offender was taken into custody and the offender shall not be released on bail or personal recognizance except through approval of the court.

Summary of Bill:

For the safety and security of DOC staff, CCOs would have the authority to conduct pat-down searches or other limited security searches without reasonable cause, when an offender is present on the premises of or in the vehicles of the DOC. Pat-down searches of a female offender shall only be conducted by female staff except in emergency situations. If the offender commits a crime in the presence of the CCO, the CCO may report the offense to either the court or the DOC hearing officer.

If an offender violates any condition or requirement of a sentence, the CCO may arrest (or cause the arrest of) the offender without a warrant, pending a determination by a court or a DOC hearing officer. The CCO may arrest an offender for an offense committed in his or her presence. The CCO would be required to report the circumstances of the arrest, with recommendations, to the court or to a DOC hearing officer.

Upon the detention of an offender whom the CCO has arrested or caused the arrest, authorized staff of the DOC, in addition to the court, have the authority to approve a release of the offender on bail or personal recognizance.