BILL REQ. #:  H-2077.3 

READ FIRST TIME 02/23/09.   

     AN ACT Relating to persons with developmental disabilities who are in correctional facilities or jails; and adding a new chapter to Title 71A RCW.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) A small number of persons with developmental disabilities commit crimes, are held in jail, are tried for their offenses, and are sentenced to serve time in our correctional system;
     (b) Persons with developmental disabilities are often confused with persons with mental illness. These populations are different and must be understood as distinct groups, with different reasonable accommodation needs; and
     (c) A developmental disability often stems from a mix of causes and many with developmental disabilities have cognitive impairments that require reasonable accommodations to assure they understand what is happening to them and what is expected of them.
     (2) The legislature intends to ensure that persons with developmental disabilities are identified early in the confinement process and that staff in correctional facilities and jails are trained in how to best support persons with developmental disabilities during confinement.

NEW SECTION.  Sec. 2   For the purposes of this chapter, persons with developmental disabilities are those persons over the age of eighteen who are eligible to receive services under this title. If a person was eligible for services by the division of developmental disabilities at the time of admission to a jail facility, he or she shall remain eligible for those services as long as he or she remains continuously confined to a jail facility, and upon release. Prior to or upon release, a person with a developmental disability shall receive an assessment by the division of developmental disabilities to determine the level of support he or she requires.

NEW SECTION.  Sec. 3   Within state funds appropriated for this purpose, the developmental disabilities council shall contract for the development and implementation of a simple screening tool by July 1, 2010.
     Jail staff shall use the screening tool to identify persons with developmental disabilities at the time of booking. If a person is identified as having a developmental disability, or is likely to have a developmental disability, the jail staff shall contact the local office of the department of social and health services division of developmental disabilities and request a determination as to whether or not the person is already a client of the division of developmental disabilities. The department of social and health services shall respond within twenty-four hours of receipt of the inquiry as to whether or not the person is a client of the division. In the event that the person is not a client, the department shall, within forty-eight hours of receipt of the inquiry, perform an in-person eligibility determination, unless the department has previously determined the person ineligible.
     If the person has a developmental disability, jail staff shall determine the reasonable accommodations required while the person is in the correctional facility or jail. If the person is eligible for services by the division of developmental disabilities, jail or correctional staff shall consult with the division in determining what accommodations are necessary.

NEW SECTION.  Sec. 4   Within state funds appropriated for this purpose, the developmental disabilities council shall, in consultation with the department of corrections, the department of social and health services, representatives of local jails, a representative of the state designated protection and advocacy system, and other advocates, develop training tools for correctional and jail staff regarding identifying persons with developmental disabilities and how to best support them during confinement. The training tools shall be short and concise so it does not take unreasonable time when used.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 71A RCW.