[Comments on this legislation] [Post new comment] [Text and Analysis] [Add to Watch List]
[Previous] [Next]

• Introduced by Rep. Mary Lou Dickerson, (D-Seattle) (D) on January 29, 2009, provides that an offender may be required to submit to pat searches by, correctional officers, and other agency approved staff, without reasonable cause, when present on department premises or vehicles. (See also Companion SB 5700).
  • Referred to the House Human Services Committee on January 29, 2009.
    • Substitute offered in the House on February 18, 2009, clearly defines the circumstances under which an offender on supervision may be searched. If an offender under supervision is at or about to enter a DOC vehicle, they are subject to a pat-down search. The substitute passed in the House by voice vote on February 18, 2009.
  • Referred to the House Rules Committee on February 20, 2009.
    • Amendment offered by Rep. Kirk Pearson, (R-Monroe) (R) on March 5, 2009, to shift 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. The amendment also 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 and requires that pat searches of all offenders shall be conducted only by staff of the same gender as the offender, except in emergency situations. The amendment passed in the House by voice vote on March 5, 2009.
• Passed in the House (97 to 0) on March 5, 2009. [Vote Details and Comments]
• Received in the Senate on March 7, 2009.
  • Referred to the Senate Human Services & Corrections Committee on March 7, 2009.
    • Amendment offered in the Senate on March 26, 2009, to remove the requirement that an offender submit to a search while in or on department vehicles . The amendment passed in the Senate by voice vote on March 26, 2009.
  • Referred to the Senate Rules Committee on March 26, 2009.
• Passed in the Senate (43 to 0) on April 15, 2009. [Vote Details and Comments]
• Received in the House on April 20, 2009. Passed in the House (91 to 0) on April 20, 2009. [Vote Details and Comments]
• Signed by Gov. Christine Gregoire on May 7, 2009, authorizes the Department of Corrections (DOC) staff to require an offender under the supervision of a community corrections officer (CCO) to submit to pat searches or other limited security searches without reasonable cause when the offender is on or preparing to enter the DOC's premises, grounds, facilities, or in its vehicles. Requires that pat searches shall be conducted by staff who is the same gender as the offender, except in cases of emergency. Authorizes the DOC hearing officers, in addition to the court, to make determinations regarding whether an offender's arrest for a violation of a probation condition was appropriate. Requires the CCO to report circumstances and facts of arrest of offender, with recommendations, to a court or a DOC hearing officer. Authorizes a DOC staff member, in addition to a court, to approve release of an offender from detention on bail or personal recognizance after arrest by a CCO .