Searches: supervised persons.

Existing law authorizes courts to suspend the imposition or execution of punishments in specified criminal cases and instead enforce terms of probation or mandatory supervision. Existing law authorizes the conditions of probation or mandatory supervision to include a waiver of the person's right to refuse searches. This bill would clarify that a search of a person who is granted probation or mandatory supervision and subject to search or seizure must be performed only by a probation officer or other peace officer. Existing law requires persons released pursuant to specified provisions, including home detention programs and electronic monitoring programs, to admit any person or agent designated by the correctional administrator into the participant's residence at any time for purposes of verifying the participant's compliance with the conditions of the detention. This bill would clarify that the person designated by the correctional administrator must be a probation officer or other peace officer. This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 1104 to be operative only if this bill and AB 1104 are enacted and this bill is enacted last.