Do Probation Officers Need the Authority to Arrest a Person if There’s Probable Cause They’ve Attacked or Interfered With an Officer? (H.R. 1039)

What is H.R. 1039?

(Updated April 8, 2019)

This bill would allow a probation officer to arrest a person without a warrant while performing their duties if there’s probable cause that the person has assaulted, resisted, opposed, impeded, intimidated, or interfered with a probation officer. Under current law federal probation officers don’t have the authority to arrest those who prevent them from carrying out their official duties.

Argument in favor

Probation officers go into hostile and sometimes threatening environments on a daily basis, and they need the authority to arrest people who interfere with the performance of their job.

Argument opposed

Probation officers should continue to rely on police officers to arrest those who might interfere with the performance of their job, they don’t need the authority to make arrests of third parties.

Impact

Probation officers and those who would interfere with them carrying out their duties.

Cost of H.R. 1039

The CBO estimates that enacting this bill would have a negligible effect on the federal budget.

Additional Info

In-Depth: Sponsoring Rep. Dave Reichert (R-WA) introduced this bill to protect probation officers and enhance their ability to do their job by giving them authority to arrest those who forcibly interfere with the performance of their official duties:

“Hostile and at times threatening environments are part of a probation officer’s average day on the job. Although they encounter many of the same dangers faced by members of the law enforcement community, they do not have the same tools to protect themselves. This bipartisan, bicameral bill rights that wrong.”

Some Democrats on the House Judiciary Committee expressed opposition to this bill on the grounds that it “raises substantial constitutional concerns” and carries with it a “high potential for abuse.” In the bill’s committee report, they added the change in policy would be “a retreat from the current constructive role of probation officers in reintegrating offenders into society.”

This legislation was passed by the House Judiciary Committee on a 15-7 vote, and it has the support of two cosponsors — a Republican and a Democrat.

Media:

• Sponsoring Rep. Dave Reichert (R-WA) Press Release
  
• Committee Report
  
• CBO Cost Estimate
  
• Fraternal Order of Police (In Favor)
  
• Judicial Conference of the U.S. (In Favor)