SB 40

Under current law, with certain exceptions, if a person is convicted of a crime

a court may withhold sentencing of the person or may impose a sentence but stay its

execution and, in either case, place the person on probation. The court may impose

conditions of probation. If a person violates a condition of probation, the person's

probation may be revoked.

Under current law, a person who is released from confinement in a prison to

parole or to extended supervision is subject to conditions set by the parole

commission or by the Department of Corrections (DOC). If a person violates one of

these conditions, his or her parole or extended supervision may be revoked and the

person may be returned to prison.

This bill specifies that a person who is placed on probation or a person who is

released from incarceration to parole or extended supervision is subject to having his

or her person, residence, and any property under his or her control searched by a law

enforcement officer at any time if the officer reasonably suspects that the person is

committing, is about to commit, or has committed a crime or a violation of a condition

of probation or release. Under the bill, a law enforcement officer may not conduct

the search in an arbitrary, capricious, or harassing manner and must notify DOC as

soon as practical after he or she conducts the search.