BILL REQ. #:  H-1137.1 

Read first time 01/30/09.   Referred to Committee on Human Services.

     AN ACT Relating to increasing the flexibility of community corrections officers to make searches of offenders in the community; amending RCW 9.94A.631; adding new a section to chapter 9.94A RCW; adding new sections to chapter 72.09 RCW; creating a new section; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that public safety is one of the paramount duties of the state and an essential function of government. The legislature further finds that systemic problems exist with the department of corrections that must be addressed expeditiously and unequivocally in order to rebuild public confidence in the state's ability to best protect them from criminal offenders who have been released from full incarceration but are still serving their sentences on community custody. Turnstile justice is not conducive to building public safety, public confidence in and support for our criminal justice system as a whole, and the morale of personnel working within our department of corrections, law enforcement agencies, and prosecutors' offices. Citizens expect and demand predictability, proportionality, uniformity, transparency, and justice when dealing with criminal offenders and due consideration for the severe and detrimental impact of crime on victims and their families and friends when dealing with such offenders. The legislature also recognizes the need to ensure the safety of the public while offenders are released into communities. To further the goal of ensuring public safety, the legislature intends to improve the monitoring of offenders on supervision and hold those who violate the conditions of supervision accountable for their actions. The legislature intends to increase the effectiveness of supervision of offenders on community custody through methods such as providing community corrections officers increased flexibility in searches of offenders on community custody with the goal of enhancing public safety and preventing future offenses and supervision violations.

Sec. 2   RCW 9.94A.631 and 1984 c 209 s 11 are each amended to read as follows:
     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. If there is reasonable cause to believe that an offender has violated a condition or requirement of the sentence, an offender may be required to submit to a search and seizure of the offender's person, residence, automobile, or other personal property. An offender may be required to submit to a search without reasonable cause to believe that he or she has violated a condition or requirement of the sentence if the search is a condition of his or her community custody under section 3 of this act. 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.

NEW SECTION.  Sec. 3   A new section is added to chapter 9.94A RCW to read as follows:
     (1) 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 an offender on community custody, including escapees and absconders, to submit to random, unannounced inspections is therefore reasonable under the federal and state Constitutions.
     (2) 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.

NEW SECTION.  Sec. 4   The department shall allow community corrections officers to inspect the person, residence, automobile, or other personal property of an offender, including escapees and absconders, under its supervision in the community whenever the community corrections officer, based on the officer's professional judgment and discretion, has reasonable cause to believe that the offender has violated a condition or requirement of his or her sentence.

NEW SECTION.  Sec. 5   (1) The department shall allow community corrections officers, based on the officer's professional judgment and discretion, to perform random, unannounced inspections of the person, residence, automobile, or other personal property of every offender, including escapees and absconders, under the department's supervision pursuant to a term of community custody imposed for a crime committed on or after the effective date of this act.
     (2) The community corrections officer shall document his or her rationale for conducting an inspection under this section.

NEW SECTION.  Sec. 6   Sections 4 and 5 of this act are each added to chapter 72.09 RCW.

NEW SECTION.  Sec. 7   This act takes effect August 1, 2009.