No abstract

Probationers and parolees have a reduced expectation of privacy. In most states, they are subject to searches by their supervising probation or parole officer without prior notice or cause. However, for law enforcement officers, their ability to search a probationer or parolee can be constrained by the need to articulate probable cause or a reasonable suspicion. This legal review examines federal and state laws, providing guidance on when law enforcement officers can search probationers/parolees, and whether it requires probable cause, a reasonable suspicion, or the presence of the supervising probation/parole officer. Results of the legal review should prove especially informative for agencies engaged in multiagency partnerships.

No abstract

The 2003 Prison Rape Elimination Act (PREA) mandates that U.S. state correctional systems regulate and reduce staff-on-inmate sexual misconduct in state correctional facilities. As data on correctional officer sexual misconduct are limited and its legal definition varies across states, this study utilized statutory analysis to document how staff sexual misconduct is defined and how it is punished across state correctional systems. The most notable finding is that although all 50 states have statutes designed to protect incarcerated persons from being sexually victimized by correctional staff, they are far from uniform.