Orrin Hatch: “I rise to discuss the Probation Officer Protection Act, which I introduced today with Senator Feinstein. I would like to…”

“I rise to discuss the Probation Officer Protection Act, which I introduced today with Senator Feinstein. I would like to begin by thanking Senator Feinstein for cosponsoring this bill and also thank Representatives Reichert and Pascrell for introducing companion legislation in the House. Under current law, a Federal probation officer may arrest a probationer or individual on supervised release if the officer has probable cause to believe that the offender has violated a condition of his or her probation or release. The officer may make the arrest with or without a warrant. In practice, formal arrests by probation officers are rare. Rather, probation officers use this authority to lawfully engage in less restrictive uses of force, such as ordering an offender to stand aside during a search; instructing an offender not to interfere with the officer's movements; or, in rare cases, temporarily restraining an offender who poses a physical danger. Current law does not, however, address a probation officer's arrest authority in situations where a third party attempts to physically obstruct the officer or cause the officer physical harm. Although obstructing a probation officer in the performance of his or her official duties is illegal, when a probation officer encounters an uncooperative or violent third party, the officer may be forced to retreat because he or she lacks authority to restrain the third party.…”