BILL REQ. #:  H-0675.1 

Read first time 01/17/11.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to improving the resources and tools community corrections officers and law enforcement need to perform their duties protecting the public; amending RCW 9.94A.631 and 9.94A.737; adding new sections to chapter 9.94A RCW; adding new sections to chapter 72.09 RCW; adding a new section to chapter 72.04A RCW; creating new sections; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that public safety is one of the paramount duties of the state and an essential function of government. The legislature further finds that systemic problems exist with the department of corrections that must be addressed expeditiously and unequivocally in order to rebuild public confidence in the state's ability to best protect them from criminal offenders who have been released from full incarceration but are still serving their sentences on community custody. Turnstile justice is not conducive to building public safety, public confidence in and support for our criminal justice system as a whole, and the morale of personnel working within our department of corrections, law enforcement agencies, and prosecutors' offices. Citizens expect and demand predictability, proportionality, uniformity, transparency, and justice when dealing with criminal offenders and due consideration for the severe and detrimental impact of crime on victims and their families and friends when dealing with such offenders. The legislature also recognizes the need to ensure the safety of the public while offenders are released into communities. To further the goal of ensuring public safety, the legislature intends to improve the monitoring of offenders on supervision and hold those who violate the conditions of supervision accountable for their actions. The legislature intends to increase the effectiveness of supervision of offenders on community custody through methods such as providing community corrections officers increased flexibility in determining sanctions for supervision violations and in searches of offenders on community custody with the goal of enhancing public safety and preventing future offenses and supervision violations.

Sec. 2   RCW 9.94A.631 and 2009 c 390 s 1 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 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 a search, including a pat search((es,)) or other limited security search((es)), by community corrections officers, correctional officers, and other agency approved staff, without reasonable cause, when (a) in or on department premises, grounds, or facilities, or while preparing to enter department premises, grounds, facilities, or vehicles; or (b) the offender has violated a condition or requirement of the sentence if the search is a condition of his or her community custody under section 3 of this act. 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.

NEW SECTION.  Sec. 3   (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) or 9.94A.650, for a crime committed on or after the effective date of this section, 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. 4   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. 5   (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 section.
     (2) The community corrections officer shall document his or her rationale for conducting an inspection under this section.

NEW SECTION.  Sec. 6   (1) A community corrections officer is not liable for civil damages arising from an act or omission that occurs when the community corrections officer provides assistance to a law enforcement officer so long as the community corrections officer was acting at the request of the law enforcement officer, unless the act or omission constitutes gross negligence.
     (2) A community corrections officer is not liable for civil damages arising from an act or omission that occurs when the community corrections officer interacts with a third party who is attempting to intervene in a situation in which the community corrections officer is contacting an offender on community custody or community supervision, unless the act or omission constitutes gross negligence.

Sec. 7   RCW 9.94A.737 and 2008 c 231 s 20 are each amended to read as follows:
     (1) If an offender is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the department prior to the imposition of sanctions. The hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The department shall develop hearing procedures and a structure of graduated sanctions.
     (2) The hearing procedures required under subsection (1) of this section shall be developed by rule and include the following:
     (a) Hearing officers shall report through a chain of command separate from that of community corrections officers;
     (b) The department shall provide the offender with written notice of the violation, the evidence relied upon, and the reasons the particular sanction was imposed. The notice shall include a statement of the rights specified in this subsection, and the offender's right to file a personal restraint petition under court rules after the final decision of the department;
     (c) The hearing shall be held unless waived by the offender, and shall be electronically recorded. For offenders not in total confinement, the hearing shall be held within fifteen working days, but not less than twenty-four hours, after notice of the violation. For offenders in total confinement, the hearing shall be held within five working days, but not less than twenty-four hours, after notice of the violation;
     (d) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; and (v) question witnesses who appear and testify; and
     (e) The sanction shall take effect if affirmed by the hearing officer. Within seven days after the hearing officer's decision, the offender may appeal the decision to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not reasonably related to any of the following: (i) The crime of conviction; (ii) the violation committed; (iii) the offender's risk of reoffending; or (iv) the safety of the community.
     (3) When determining the sanction to be imposed on an offender who violates any condition of community custody, a hearing officer shall give due consideration to the community corrections officer's recommendation and shall have the option, based on the hearing officer's professional determination and discretion, to impose the maximum sanction or sanctions allowed under law or the maximum response option adopted by the department regardless of the response option range or violation response score.
     (4) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or unconfirmable allegations.

NEW SECTION.  Sec. 8   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2011, in the omnibus appropriations act, this act is null and void.

NEW SECTION.  Sec. 9   A new section is added to chapter 72.04A RCW to read as follows:
     The department shall develop a plan, using the existing staffing matrix, to reduce the supervision caseload of community corrections officers by December 1, 2012, and increase partnerships such as the neighborhood corrections initiative. Prior to 2012, the department shall hire additional community corrections officers to the extent funding is provided in the operating budget.

NEW SECTION.  Sec. 10   Sections 3 and 6 of this act are each added to chapter 9.94A RCW.

NEW SECTION.  Sec. 11   Sections 4 and 5 of this act are each added to chapter 72.09 RCW.

NEW SECTION.  Sec. 12   This act takes effect August 1, 2011.