SENATE BILL REPORT

SB 5256

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.

Background: Under current law, no person in custody at a holding, detention, or local correctional facility may be strip searched without a warrant unless:

there is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or other thing concealed on the body of the person to be searched, that constitutes a threat to the security of a holding, detention, or local correctional facility;
there is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or
there is a reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention.

A reasonable suspicion is deemed present in such circumstances when the person to be searched has been arrested for:

a violent offense as defined in RCW 9.94A.030 or any successor statute;
an offense involving escape, burglary, or the use of a deadly weapon; or
an offense involving possession of a drug or controlled substance under chapter 69.41, 69.50, or 69.52 RCW or any successor statute.

Summary of Bill: In order to strip search a juvenile who is in custody at a holding, detention, or local correctional facility, reasonable suspicion requires an individualized determination. Reasonable efforts must be made to use other less-intrusive means of conducting a search.

The correctional facility conducting the search may consider a juvenile's past behavior with the facility when it determines whether or not to authorize a strip search.

Staff Summary of Public Testimony: PRO: An individualized assessment should be used when determining whether or not to conduct a strip search of a juvenile. This process needs to be standardized because strip searches are occurring unnecessarily. Youth who have committed status offenses should not be subject to strip searches. The juvenile justice system is rehabilitative. So the intrusion of a strip search, especially for low-level crimes, would not meet the current law.

OTHER: The safety of the youth in juvenile detention facilities is of primary importance. Strip searches are one way to ensure that when a youth enters the facility, the youth is not carrying anything dangerous into the facility. Cross-gender strip searches or pat-down searches are not conducted in the King County facility. This bill would require the facility to use all alternative methods first, before conducting a strip search and this would result in additional staff time and resources. Some of those searches may not detect contraband or weapons in the same way strip searches can.