SHB 1792 -
By Representative Pearson
ADOPTED 03/05/2009
Strike everything after the enacting clause and insert the following:
"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, facilities, or vehicles, 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."
EFFECT: (1) Shifts from passive to active the requirement that an
offender submit to search and seizure of his or her person, residence,
automobile, or other personal property if there is reasonable cause to
believe that an offender has violated a condition or requirement of his
or her sentence. The Substitute Bill provided that an offender "may be
required" to submit to a search and seizure. The amendment states that
the Community Corrections Officer (CCO) "may require" the offender to
submit to a search and seizure.
(2) Expands the scope of locations and circumstances under which
the Department of Corrections (DOC) staff may conduct pat down searches
without reasonable cause to believe that an offender has violated a
condition or requirement of his or her sentence. In addition to
allowing a pat search when in or on DOC premises or entering or
preparing to enter a DOC vehicle, an offender may be searched while
preparing to enter DOC premises, grounds, or facilities.
(3) Requires that pat searches of all offenders shall be conducted
only by staff of the same gender as the offender, except in emergency
situations.