S-4110

AN ACT Relating to juvenile offender parenting; amending RCW 13.40.460; adding a new section to chapter 13.40 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that there is a small but significant percentage of girls sentenced to confinement at juvenile rehabilitation administration facilities who enter the facility pregnant and give birth while they are confined. Juvenile offender and parenting issues may be significantly more complex for these girls than for their adult counterparts. The legislature finds that these mothers face substantially greater challenges to becoming successful adults and parents than other mothers and than nonoffender mothers in their age group.

The legislature also finds that a child's early attachment to his or her parent influences physical and intellectual development, forms the foundation for psychological development including an infant's development of conscience and his or her ability to trust and relate to others. This early foundation becomes the prototype for subsequent interpersonal relationships and establishes the groundwork for key protective factors such as intelligence, trust, and empathy. Where this foundation is not laid, or where it is destroyed, it may lead to early aggression, impulsive temperament, and violent behavior, which are the strongest developmental predictors of future involvement in violent behavior. The legislature finds persuasive research that strongly indicates that the best way to improve later developmental outcomes is to improve mother-child interaction and prevent early loss of primary relationships. The legislature also finds persuasive national statistics that demonstrate that incarcerated mothers who develop strong parenting skills and bond with their children are less likely to reoffend. Consequently, the legislature intends to establish a program of birth coaching for juvenile mothers confined to the Echo Glen correctional facility. The legislature also intends the department of social and health services to investigate the feasibility of developing and implementing parenting education and visitation programs for juvenile offenders who are parents.

Sec. 2. RCW 13.40.460 and 1999 c 372 s 2 are each amended to read as follows:

The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.

The secretary or assistant secretary shall:

(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;

(2) Create by rule a formal system for inmate classification. This classification system shall consider:

(a) Public safety;

(b) Internal security and staff safety;

(d) An assessment of each offender's risk of sexually aggressive behavior as provided in RCW 13.40.470; and

(e) An assessment of each offender's vulnerability to sexually aggressive behavior as provided in RCW 13.40.470;

(3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;

(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;

(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, ((~~and~~)) mental health, and status as a parent or mother-to-be;

(6) Develop placement criteria:

(a) To avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under RCW 13.40.470(1)(c); and

(b) To avoid placing a juvenile offender on parole status who has been assessed as a moderate to high risk for sexually aggressive behavior in a department community residential program with another child who is: (i) Dependent under chapter 13.34 RCW, or an at-risk youth or child in need of services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status; and

(7) Develop a plan to implement((~~, by July 1, 1995~~)):

(a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;

(b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and

(c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills.

NEW SECTION. Sec. 3. A new section is added to chapter 13.40 RCW to read as follows:

The secretary, assistant secretary, or his or her designee, shall strengthen programming for pregnant offenders by providing birth coaching that educates pregnant offenders about pregnancy, the medical monitoring they will receive, and the birth process, and prepares the mother for relinquishing her infant to his or her guardian. Birth coaching may be provided by a member of the juvenile rehabilitation administration, a child care professional, or a volunteer, as appropriate. The person providing the birth coaching shall act as the offender's birth coach during labor and delivery.

NEW SECTION. Sec. 4. The department of social and health services shall report to the legislature no later than December 1, 2002, on the following:

(1) The number of offenders in juvenile rehabilitation administration facilities who are parents and who have not had their parental rights terminated;

(2) The feasibility and fiscal impact of developing and implementing, in conjunction with local school districts, a basic parenting education curriculum to juvenile offenders who are parents or who are expected to be involved in the parenting of children upon release; and

(3) The feasibility and fiscal impact of instituting a program of regular visitation between offender parents and their children.