§ 6182. Supervisory relationship to offenders.

552 words·~3 min read·/pa/title-61/chapter-61/6182

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(a)General rule.-- Agents are in a supervisory relationship with department-supervised offenders. The purpose of supervision is to assist department-supervised offenders in their rehabilitation and reassimilation into the community and to protect the public. Supervision practices shall reflect the balance of enforcement of the conditions of supervision and case management techniques to maximize successful parole completion through effective reentry to society.

(b)Searches and seizures authorized.--

(1)Agents may search the person and property of department-supervised offenders in accordance with the provisions of this section.

(2)Nothing in this section shall be construed to permit searches or seizures in violation of the Constitution of the United States or section 8 of Article I of the Constitution of Pennsylvania.

(c)Effect of violation.-- No violation of this section shall constitute an independent ground for suppression of evidence in any probation, parole or criminal proceeding.

(d)Grounds for personal search of a department-supervised offender.--

(1)A personal search of an offender may be conducted by an agent:

(i)if there is a reasonable suspicion to believe that the department-supervised offender possesses contraband or other evidence of violations of the conditions of supervision;

(ii)when a department-supervised offender is transported or taken into custody; or

(iii)upon a department-supervised offender entering or leaving the secure enclosure of a correctional institution, jail or detention facility.

(2)A property search may be conducted by an agent if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the department-supervised offender contains contraband or other evidence of violations of the conditions of supervision.

(3)The department-supervised offender may be detained if the department-supervised offender is present during a property search. If the department-supervised offender is not present during a property search, the agent in charge of the search shall make a reasonable effort to provide the department-supervised offender with notice of the search, including a list of the items seized, after the search is completed.

(4)The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. In accordance with such case law, the following factors, where applicable, may be taken into account:

(i)The observations of agents.

(ii)Information provided by others.

(iii)The activities of the department-supervised offender.

(iv)Information provided by the department-supervised offender.

(v)The experience of agents with the department-supervised offender.

(vi)The experience of agents in similar circumstances.

(vii)The prior criminal and supervisory history of the department-supervised offender.

(viii)The need to verify compliance with the conditions of supervision.

(e)Nonresident department-supervised offenders.-- No agent shall conduct a personal or property search of a department-supervised offender who is residing in a foreign state except for the limited purposes permitted under the Interstate Compact for the Supervision of Offenders and Probationers. The department-supervised offender is held accountable to the rules of both the sending state and the receiving state. Any personal or property search of a department-supervised offender residing in another state shall be conducted by an agent of the receiving state.

(f)When authority is effective.-- The authority granted to agents under this section shall be effective upon enactment of this section, without the necessity of any further regulation by the department.