SENATE BILL REPORT
SB 5700
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. |
As of February 11, 2009
Title: An act relating to establishing search and arrest authority provisions of offenders by department of corrections personnel.
Brief Description: Establishing search and arrest authority provisions of offenders by department of corrections personnel.
Sponsors: Senators Hargrove, Carrell, Regala, Brandland, Stevens, Tom and Shin; by request of Department of Corrections.
Brief History:
Committee Activity: Human Services & Corrections: 2/10/09.
SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS |
Staff: Shani Bauer (786-7468)
Background: Currently, a community corrections officer may conduct a pat-down search or protective frisk in two situations:
when the officer has reasonable cause to believe that an offender has violated a condition of his sentence; and
when an officer stops an individual for a legitimate purpose, the officer has a reasonable safety concern, and the frisk is limited to the protective purpose.
Summary of Bill: When an offender is present on Department of Corrections' premises or vehicles, the offender may be required to submit to a pat-down search by community corrections officers, correctional officers, or other agency-approved staff. Except in an emergency situation, searches of female offenders may only be conducted by female staff.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This bill is needed to enhance the safety and security of staff as well as others who enter Department of Corrections (DOC) facilities. Violent offenders, sex offenders, and gang members are often present on DOC premises in the community. This bill would allow offenders to be searched without probable cause on the premises.
Persons Testifying: PRO: Armando Mendoza, DOC; Ginger Richardson, Washington Federation of State Employees.