H-0301.1

HOUSE BILL 1147

ByRepresentatives Farivar, Simmons, Ryu, and Ramel

AN ACT Relating to supporting civic engagement for incarcerated and institutionalized individuals in state custody to promote inclusion and rehabilitation; adding a new chapter to Title 72 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

(2) Those who are incarcerated or experiencing institutionalization face extraordinary barriers to civic participation, are most impacted by law making, and benefit greatly by participating in society. Society also benefits tremendously when the treatment or rehabilitation of directly impacted people is accelerated by their inclusion in the civic process.

(3) The legislature recognizes that:

(a) Individuals within state institutions remain members of society throughout the duration and beyond the conclusion of their treatment, punishment, or commitment within those institutions.

(b) All justice-involved individuals, including incarcerated individuals, and individuals experiencing institutionalization, are essential stakeholders in the laws and policies affecting their lives, and the voices of these individuals must be represented in civic processes to hold a functioning democracy.

(c) People who are in prisons, state hospitals, and residential habilitation centers disproportionately come from marginalized communities. Removing segments of marginalized communities from civic processes through incarceration and institutionalization has a compounding effect that perpetuates the marginalization of disadvantaged communities overall.

(d) Crime is a form of divestment from society, the social order, and the common good. Involuntary treatment and institutionalization teach isolation from society when individuals are in the most need of support. Conversely, civic engagement is a form of inclusion and investment in society towards the common good.

(e) Individuals experiencing incarceration and institutionalization who invest in society during their incarceration and treatment are less likely to harm society after their release. Civically engaged individuals are essential to reducing harm both during and after their sentence and treatment.

(f) Civically engaged individuals help bring underrepresented communities in from the margins, strengthening the fabric of society.

(g) Justice and treatment systems that value rehabilitation and inclusion in society will encourage and facilitate civic engagement and investment in the community.

(4) The legislature finds that limiting the civic engagement of individuals serves no compelling governmental interest and has no legitimate penological objective.

(1) Form political organizations or groups and/or use current groups or organizations within state institutions for the purpose of civic engagement to work with community members, organizations, institutions, and elected officials and their staff;

(2) Organize and communicate with members of community groups, organizations, institutions, and elected officials and their staff;

(3) Register as voters in accordance with state law and cast their vote in elections utilizing mail-in ballots;

(4) Meet with, support, or engage with political candidates and/or campaign staff;

(5) Access classrooms, utility rooms, or other designated program areas within state institutions for group meetings with community members, organizations, institutions, holders of government office, and their staff;

(6) Fully participate in teleconference and videoconference meetings and proceedings with community groups, working groups, legislative bodies, organizations, institutions, panels, or forums; and

(7) Be free from punishment or retaliation for participating in civic processes or exercising these rights.

(2)(a) No state or local agency may assert that denying any individual their right to civic engagement serves a legitimate penological objective or a compelling governmental interest in relation to the purposes promoted by the legislature to establish a comprehensive system of corrections, sentencing reform act of 1981, chapter 9.94A RCW.

(b) No state or local agency shall impose or implement a regulation in a manner that imposes a substantial burden on the rights described in section 2 of this act.

(i) Any person who is injured by a violation of section 2 of this act, or any person so injured because they refused to accede to a proposal for an arrangement which, if consummated, would be in violation of section 2 of this act may bring a civil action in superior court to enjoin further violations, to recover the damages, together with the costs of the suit, including a reasonable attorneys' fee. In addition, the court may, in its discretion, increase the award of damages up to an amount not to exceed three times damages sustained, but such increase must not exceed $25,000. Any person may bring a civil action in the district court to recover their damages, except for damages which exceed the amount specified, and the costs of the suit, including reasonable attorneys' fees. The district court may, in its discretion, increase the award of damages to an amount not more than three times the damages sustained, but such increased damage award must not exceed $25,000.

(ii) For the purpose of this section, "person" includes the counties, municipalities, and all political subdivisions of this state.

--- END ---