| Passed by the House April 20, 2009 Yeas 91 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2009 Yeas 43 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1792 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 7, 2009, 2:21 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 8, 2009 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/20/09.
AN ACT Relating to establishing search and arrest authority provisions of offenders by department of corrections personnel; and amending RCW 9.94A.631.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.