6157-S.E AMH PEAR H3634.1

ESSB 6157  - H AMD924
     By Representative Pearson

WITHDRAWN 04/21/2007

     On page 34, after line 26, insert the following:

"Sec. 308   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 309 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. 309   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. 310   A new section is added to chapter 72.09 RCW to read as follows:
     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. 311   A new section is added to chapter 72.09 RCW to read as follows:
     (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."

     Correct the title.

EFFECT:  Requires a court to require an offender, as a condition of his or her community custody for an offense committed on or after the effective date of the act, to submit to random, unannounced inspections of his or her person, residence, automobile, or personal property. Requires the Department of Corrections (DOC) to allow community corrections officers to perform such searches of offenders, including escapees and absconders, based on the officer's professional judgment and discretion; requires community corrections officers to document the rationale for conducting the searches. Requires the DOC to allow community corrections officers to inspect the person, residence, automobile, or other personal property of an offender, including escapees or absconders, whenever the community corrections officer, based on his or her professional judgment and discretion, has reasonable cause to believe that the offender has violated a condition or requirement of his or her sentence.

--- END ---