FINAL BILL REPORT

SB 5047

C 11 L 01 Synopsis as Enacted

Brief Description:  Authorizing the department of corrections to detain, search, or remove persons who enter correctional facilities or institutional grounds.

Sponsors:  Senators Long, Costa, Hargrove and Carlson; by request of Department of Corrections.

Senate Committee on Human Services & Corrections

House Committee on Criminal Justice & Corrections

Background:  Although some Department of Corrections (DOC) employees are limited authority peace officers, under current law these employees have no authority to detain a person suspected of carrying on illegal activity on the grounds of a DOC facility.  This includes persons attempting to bring drugs or other contraband into a DOC facility.

Summary:  Department of Corrections employees who are limited authority peace officers may detain, search, or remove persons who enter or remain in a DOC facility without permission, if there is probable cause to believe that the person has committed, or is committing a crime or is possessing contraband within the facility or institutional grounds.

If a person is detained, the department must immediately notify a local law enforcement agency with jurisdiction over the location.  The person may be searched, any contraband may be confiscated, and the person may be detained for a reasonable time until the person and any contraband can be transferred to a local law enforcement officer.

A DOC employee who is a limited authority Washington peace officer may use necessary force to protect the persons and properties located within the facility or on institutional grounds.

Votes on Final Passage:

Senate451

House     91 0

Effective:  April 13, 2001