U.S. Sens. Orrin Hatch (R-UT) and Thom Tillis (R-NC) joined together to introduce bipartisan legislation to give probation officers the authority to arrest third parties who forcibly interfere with an officer’s official duties.
Federal probation officers have the ability to arrest individuals on supervised release who violate conditions of probation without a warrant. Most often, probation officers use that authority to order an offender to stand aside during a search, or to order an offender not to interfere with his or her movements.
The Probation Officer Protection Act would extend the same authority to federal probation officers in regard to third parties who try to physically obstruct or do harm to probation officers.
“This commonsense, bipartisan legislation helps to ensure that federal probation officers have the proper tools and authority necessary to protect themselves from hostile individuals who may attempt to harm them or otherwise interfere while they perform their important work,” Hatch said.
“This bill also supports our men and women in law enforcement by freeing up precious time and resources for the local police, who will no longer need to accompany and provide backup for probation officers,” Hatch added.
Many states already give state probation officers the authority to arrest interfering third parties, and Hatch said that federal probation officers should be given the same authority.
Tillis said probation officers play a critical role in the criminal justice system by promoting public safety and working with offenders to manage risks and reduce recidivism.
“Our probation officers also need the ability to protect themselves, and this bipartisan legislation will give them the necessary authority to arrest individuals who threaten their safety or interfere with their job performance that is so crucial to the safety of our communities,” Tillis said.
Craig Penet, the president of the Federal Probation and Pretrial Officers Association (FPPOA), said without appropriate tools to address hostile third parties, probation officers often have “little choice but to abandon searches — potentially allowing evidence/contraband to remain in the community.”
“FPPOA strongly urges Congress to act on this bill as a necessary policy reform that will have a significant impact on officer safety,” Penet said.
Nathan Catura, the national president of the Federal Law Enforcement Officers Association, said as the volume of approved searches has increased over the last year, lack of authority to restrain or direct movements of third parties “places probation officers at a greater and unnecessary risk of physical harm.”
U.S. Sens. Joe Manchin (D-WV) and Dianne Feinstein (D-CA) cosponsored the bill with Hatch and Tillis.