READ FIRST TIME 03/02/09.   

     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 persons 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 when they encounter the criminal justice system.
     (2) The legislature intends to ensure that persons with developmental disabilities are identified early in the confinement process, that staff in local correctional facilities are trained in how to best support persons with developmental disabilities during confinement, and that persons with developmental disabilities remain safe when confined in a correctional facility.

NEW SECTION.  Sec. 2   (1) Within state and federal funds appropriated or otherwise available for this purpose, the developmental disabilities council and the Washington association of sheriffs and police chiefs shall jointly develop a simple screening tool, a model policy for the use of the screening tool, and a cost-effective means to provide concise training to local correctional facility staff on the use of the tool and how to accommodate the needs of persons with developmental disabilities during their confinement. This work shall be completed by July 1, 2010, in consultation with the department of social and health services, the department of corrections, disability rights Washington, consumer advocates, and other interested organizations.
     (2) On or before January 1, 2011, local correctional facilities shall provide the training developed under subsection (1) of this section, and shall begin use of the screening tool to identify persons likely to have a developmental disability at the time of booking or risk classification.

NEW SECTION.  Sec. 3   The work group consisting of the developmental disabilities council, the Washington association of sheriffs and police chiefs, in consultation with the department of corrections, the department of social and health services, disability rights Washington, consumer advocates, and other interested organizations, shall develop recommendations to the legislature related to:
     (1) Expeditiously reviewing and determining eligibility for developmental disabilities services provided through the department of social and health services prior to a person's release from confinement;
     (2) The appropriate role of the department of social and health services in providing consultation and technical assistance to local correctional facilities in their efforts to provide reasonable accommodations for persons with developmental disabilities who are confined in their facility;
     (3) Increasing the appropriate use of the authority granted the courts under current sentencing reform act provisions, chapter 9.94A RCW, to order alternatives to confinement prior to trial or following conviction in cases with a sentence of twelve months or less;
     (4) The establishment of new options under the sentencing reform act to divert persons with developmental disabilities from the criminal justice system while maintaining public safety; and
     (5) The feasibility of developing and adopting law enforcement training for responding to persons with developmental disabilities that is analogous to the crisis intervention training currently provided to law enforcement officers for responding to alleged criminal behavior by persons with mental illness.
     (6) The work group shall report its recommendations to the appropriate committees of the legislature no later than December 1, 2009.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 71A RCW.