BILL REQ. #: H-4228.1
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/18/10. Referred to Committee on Local Government & Housing.
AN ACT Relating to planning for the discontinuation of discharge of vulnerable populations from state institutions into homelessness; amending RCW 72.09.270, 72.09.270, 43.63A.305, 13.40.210, 71.05.350, and 71.24.045; adding a new section to chapter 72.09 RCW; adding a new section to chapter 43.20A RCW; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that an extremely
high risk of homelessness exists for persons discharged from state
institutions and persons under ongoing care or supervision of state
agencies, including but not limited to youth aging out of the foster
care system, any former dependent of the state under chapter 13.34 RCW,
persons being released from psychiatric hospitalization, youth being
released from children's long-term inpatient programs, adults receiving
or denied ongoing mental health care from regional support networks,
persons with developmental disabilities and traumatic brain injuries
denied or losing eligibility for services, former offenders being
released from state correctional facilities, and former offenders under
active supervision. Providing safe and viable options for housing to
these populations to avoid homelessness confers a valuable benefit on
the public that is intended to reduce recidivism and public spending,
and improve public health, safety, and welfare.
(2) It is the goal of this state to:
(a) Gather evidence to discover the true nature and extent of the
problem of homelessness as it relates to persons discharged from state
institutions and persons under ongoing care or supervision of state
agencies; and
(b) Collect adequate and appropriate data related to the housing
status of persons discharged from state institutions and persons under
ongoing care or supervision of state agencies by January 2011; and
(c) In compliance with a United States department of housing and
urban development regulation for jurisdictions receiving federal
emergency shelter grant dollars, develop a certification that the state
has established a policy for the discharge of persons from publicly
funded institutions or systems of care in order to prevent such
discharge from rapidly resulting in homelessness for such persons; and
(d) Identify the strategies and resources necessary to ensure that
all persons discharged from state institutions and persons under
ongoing care or supervision of state agencies have access to decent,
appropriate, and affordable housing in a healthy safe environment; and
(e) Identify the strategies and resources necessary to eliminate
the occurrence of any state institution discharging persons into
homelessness by 2015.
NEW SECTION. Sec. 2 A new section is added to chapter 72.09 RCW
to read as follows:
Not later than December 1, 2010, the department of corrections
shall submit to the appropriate committees of the legislature a plan by
which the department proposes to eliminate the discharge of offenders
from the custody of the department into homelessness or a time-limited
housing program that terminates in less than twelve months. The plan
must specifically identify the resources necessary and actions required
to eliminate the discharge of any offender into homelessness or a
time-limited housing program that terminates in less than twelve months
by 2015. Individuals with long-term disabilities, including but not
limited to, mental illness that would qualify for regional support
network services, co-occuring mental illness and chemical dependency,
developmental disabilities, or chronic physical disabilities, must be
discharged to permanent housing. The plan must also include
performance measures to gauge the effectiveness of the plan in
increasing the percentage of released offenders who secure and retain
stable housing and decreasing the percentage of released offenders who
enter homelessness. The department must include stakeholders in the
planning process. Existing department plans may be used to partially
fulfill the planning requirement, but must be updated with
implementation strategies to meet this new goal.
NEW SECTION. Sec. 3 A new section is added to chapter 43.20A RCW
to read as follows:
Not later than December 1, 2010, the department of social and
health services shall submit to the legislature a plan by which the
department proposes to eliminate the discharge into homelessness or a
time-limited housing program that terminates in less than twelve months
of youth aging out of the foster care system, youth being discharged
from the juvenile justice system, chronically mentally ill persons
being released from involuntary psychiatric commitment, and by which
the department proposes to address the housing needs of chronically
mentally ill persons receiving ongoing mental health care from regional
support networks. The plan must specifically identify the resources
necessary and actions required to eliminate the discharge of such youth
and adults into homelessness or a time-limited housing program that
terminates in less than twelve months by 2015. Individuals with long-term disabilities, including but not limited to, mental illness that
would qualify for regional support network services, co-occuring mental
illness and chemical dependency, developmental disabilities, or chronic
physical disabilities, must be discharged to permanent housing. The
plan must also include performance measures to gauge the effectiveness
of the plan in increasing the percentage of released persons who secure
and retain stable housing and decreasing the percentage of released
persons who enter homelessness. The department must include
stakeholders in the planning process. Existing department plans may be
used to partially fulfill the planning requirement, but must be updated
with implementation strategies to meet this new goal.
Sec. 4 RCW 72.09.270 and 2008 c 231 s 48 are each amended to read
as follows:
(1) The department of corrections shall develop an individual
reentry plan as defined in RCW 72.09.015 for every offender who is
committed to the jurisdiction of the department except:
(a) Offenders who are sentenced to life without the possibility of
release or sentenced to death under chapter 10.95 RCW; and
(b) Offenders who are subject to the provisions of 8 U.S.C. Sec.
1227.
(2) The individual reentry plan may be one document, or may be a
series of individual plans that combine to meet the requirements of
this section.
(3) In developing individual reentry plans, the department shall
assess all offenders using standardized and comprehensive tools to
identify the criminogenic risks, programmatic needs, and educational
and vocational skill levels for each offender. The assessment tool
should take into account demographic biases, such as culture, age, and
gender, as well as the needs of the offender, including any learning
disabilities, substance abuse or mental health issues, and social or
behavior deficits.
(4)(a) The initial assessment shall be conducted as early as
sentencing, but, whenever possible, no later than forty-five days of
being sentenced to the jurisdiction of the department of corrections.
(b) The offender's individual reentry plan shall be developed as
soon as possible after the initial assessment is conducted, but,
whenever possible, no later than sixty days after completion of the
assessment, and shall be periodically reviewed and updated as
appropriate.
(5) The individual reentry plan shall, at a minimum, include:
(a) A plan to maintain contact with the inmate's children and
family, if appropriate. The plan should determine whether parenting
classes, or other services, are appropriate to facilitate successful
reunification with the offender's children and family;
(b) An individualized portfolio for each offender that includes the
offender's education achievements, certifications, employment, work
experience, skills, and any training received prior to and during
incarceration; and
(c) A plan for the offender during the period of incarceration
through reentry into the community that addresses the needs of the
offender including education, employment, substance abuse treatment,
mental health treatment, family reunification, housing, and other areas
which are needed to facilitate a successful reintegration into the
community.
(6)(a) Prior to discharge of any offender, the department shall:
(i) Evaluate the offender's needs and, to the extent possible,
connect the offender with existing services and resources that meet
those needs; ((and))
(ii) Connect the offender with a community justice center and/or
community transition coordination network in the area in which the
offender will be residing once released from the correctional system if
one exists; and
(iii) Record the housing status, including an address, of the
confirmed housing situation arranged for the offender pending the
offender's release from custody.
(b) If the department recommends partial confinement in an
offender's individual reentry plan, the department shall maximize the
period of partial confinement for the offender as allowed pursuant to
RCW 9.94A.728 to facilitate the offender's transition to the community.
(7) The department shall establish mechanisms for sharing
information from individual reentry plans to those persons involved
with the offender's treatment, programming, and reentry, when deemed
appropriate. When feasible, this information shall be shared
electronically.
(8)(a) In determining the county of discharge for an offender
released to community custody or community placement, the department
may not approve a residence location that is not in the offender's
county of origin unless it is determined by the department that the
offender's return to his or her county of origin would be inappropriate
considering any court-ordered condition of the offender's sentence,
victim safety concerns, negative influences on the offender in the
community, or the location of family or other sponsoring persons or
organizations that will support the offender.
(b) If the offender is not returned to his or her county of origin,
the department shall provide the law and justice council of the county
in which the offender is placed with a written explanation.
(c) For purposes of this section, the offender's county of origin
means the county of the offender's first felony conviction in
Washington.
(9) Nothing in this section creates a vested right in programming,
education, or other services.
(10) The department shall record housing status as a data element:
(a) For the duration of an offender's supervision; and
(b) When otherwise obtaining and entering data on the offender's
status.
Sec. 5 RCW 72.09.270 and 2008 c 231 s 48 are each amended to read
as follows:
(1) The department of corrections shall develop an individual
reentry plan as defined in RCW 72.09.015 for every offender who is
committed to the jurisdiction of the department except:
(a) Offenders who are sentenced to life without the possibility of
release or sentenced to death under chapter 10.95 RCW; and
(b) Offenders who are subject to the provisions of 8 U.S.C. Sec.
1227.
(2) The individual reentry plan may be one document, or may be a
series of individual plans that combine to meet the requirements of
this section.
(3) In developing individual reentry plans, the department shall
assess all offenders using standardized and comprehensive tools to
identify the criminogenic risks, programmatic needs, and educational
and vocational skill levels for each offender. The assessment tool
should take into account demographic biases, such as culture, age, and
gender, as well as the needs of the offender, including any learning
disabilities, substance abuse or mental health issues, and social or
behavior deficits.
(4)(a) The initial assessment shall be conducted as early as
sentencing, but, whenever possible, no later than forty-five days of
being sentenced to the jurisdiction of the department of corrections.
(b) The offender's individual reentry plan shall be developed as
soon as possible after the initial assessment is conducted, but,
whenever possible, no later than sixty days after completion of the
assessment, and shall be periodically reviewed and updated as
appropriate.
(5) The individual reentry plan shall, at a minimum, include:
(a) A plan to maintain contact with the inmate's children and
family, if appropriate. The plan should determine whether parenting
classes, or other services, are appropriate to facilitate successful
reunification with the offender's children and family;
(b) An individualized portfolio for each offender that includes the
offender's education achievements, certifications, employment, work
experience, skills, and any training received prior to and during
incarceration; and
(c) A plan for the offender during the period of incarceration
through reentry into the community that addresses the needs of the
offender including education, employment, substance abuse treatment,
mental health treatment, family reunification, housing, and other areas
which are needed to facilitate a successful reintegration into the
community.
(6)(a) Prior to discharge of any offender, the department shall:
(i) Evaluate the offender's needs and, to the extent possible,
connect the offender with existing services and resources that meet
those needs; ((and))
(ii) Connect the offender with a community justice center and/or
community transition coordination network in the area in which the
offender will be residing once released from the correctional system if
one exists; and
(iii) Record the housing status, including an address, of the
confirmed housing situation arranged for the offender pending the
offender's release from custody.
(b) If the department recommends partial confinement in an
offender's individual reentry plan, the department shall maximize the
period of partial confinement for the offender as allowed pursuant to
RCW 9.94A.728 to facilitate the offender's transition to the community.
(7) The department shall establish mechanisms for sharing
information from individual reentry plans to those persons involved
with the offender's treatment, programming, and reentry, when deemed
appropriate. When feasible, this information shall be shared
electronically.
(8)(a) In determining the county of discharge for an offender
released to community custody, the department may not approve a
residence location that is not in the offender's county of origin
unless it is determined by the department that the offender's return to
his or her county of origin would be inappropriate considering any
court-ordered condition of the offender's sentence, victim safety
concerns, negative influences on the offender in the community, or the
location of family or other sponsoring persons or organizations that
will support the offender.
(b) If the offender is not returned to his or her county of origin,
the department shall provide the law and justice council of the county
in which the offender is placed with a written explanation.
(c) For purposes of this section, the offender's county of origin
means the county of the offender's first felony conviction in
Washington.
(9) Nothing in this section creates a vested right in programming,
education, or other services.
(10) The department shall record housing status as a data element:
(a) For the duration of an offender's supervision; and
(b) When otherwise obtaining and entering data on the offender's
status.
Sec. 6 RCW 43.63A.305 and 2009 c 148 s 1 are each amended to read
as follows:
(1) The independent youth housing program is created in the
department to provide housing stipends to eligible youth to be used for
independent housing. In developing a plan for the design,
implementation, and operation of the independent youth housing program,
the department shall:
(a) Adopt policies, requirements, and procedures necessary to
administer the program;
(b) Contract with one or more eligible organizations described
under RCW 43.185A.040 to provide services and conduct administrative
activities as described in subsection (3) of this section;
(c) Establish eligibility criteria for youth to participate in the
independent youth housing program, giving priority to youth who have
been dependents of the state for at least one year;
(d) Refer interested youth to the designated subcontractor
organization administering the program in the area in which the youth
intends to reside;
(e) Develop a method for determining the amount of the housing
stipend, first and last month's rent, and security deposit, where
applicable, to be dedicated to participating youth. The method for
determining a housing stipend must take into account a youth's age, the
youth's total income from all sources, the fair market rent for the
area in which the youth lives or intends to live, and a variety of
possible living situations for the youth. The amount of housing
stipends must be adjusted, by a method and formula established by the
department, to promote the successful transition for youth to complete
housing self-sufficiency over time;
(f) Ensure that the independent youth housing program is integrated
and aligned with other state rental assistance and case management
programs operated by the department, as well as case management and
supportive services programs, including the independent living program,
the transitional living program, and other related programs offered by
the department of social and health services; and
(g) Consult with the department of social and health services and
other stakeholders involved with dependent youth, homeless youth, and
homeless young adults, as appropriate.
(2) The department of social and health services shall collaborate
with the department in implementing and operating the independent youth
housing program including, but not limited to, the following:
(a) Refer potential eligible youth to the department before the
youth's eighteenth birthday, if feasible, to include an indication, if
known, of where the youth plans to reside after aging out of foster
care;
(b) Provide information to all youth aged fifteen or older, who are
dependents of the state under chapter 13.34 RCW, about the independent
youth housing program, encouraging dependents nearing their eighteenth
birthday to consider applying for enrollment in the program;
(c) Encourage organizations participating in the independent living
program and the transitional living program to collaborate with
independent youth housing program providers whenever possible to
capitalize on resources and provide the greatest amount and variety of
services to eligible youth;
(d) Annually provide to the department data reflecting changes in
the percentage of youth aging out of the state dependency system each
year who are eligible for state assistance, as well as any other data
and performance measures that may assist the department to measure
program success, including but not limited to the number of youth aging
out of the state dependency system who do not have stable affordable
housing, as defined in RCW 43.185B.010, upon discharge; and
(e) Annually, beginning by December 31, 2007, provide to the
appropriate committees of the legislature and the interagency council
on homelessness as described under RCW 43.185C.170 recommendations of
strategies to reach the goals described in RCW 43.63A.311(2)(g).
(3) Under the independent youth housing program, subcontractor
organizations shall:
(a) Use moneys awarded to the organizations for housing stipends,
security deposits, first and last month's rent stipends, case
management program costs, and administrative costs((. When
subcontractor organizations determine that it is necessary to assist
participating youth in accessing and maintaining independent housing,
subcontractor organizations may also use moneys awarded to pay for
professional mental health services and tuition costs for court-ordered
classes and programs));
(i) Administrative costs for each subcontractor organization may
not exceed twelve percent of the estimated total annual grant amount to
the subcontractor organization;
(ii) All housing ((stipends, security deposits, and first and last
month's rent)) stipends must be payable only to a landlord or housing
manager of any type of independent housing;
(b) Enroll eligible youth who are referred by the department and
who choose to reside in their assigned service area;
(c) Enter eligible youth program participants into the homeless
client management information system as described in RCW 43.185C.180;
(d) Monitor participating youth's housing status;
(e) Evaluate participating youth's eligibility and compliance with
department policies and procedures at least twice a year;
(f) Assist participating youth to develop or update an independent
living plan focused on obtaining and retaining independent housing or
collaborate with a case manager with whom the youth is already involved
to ensure that the youth has an independent living plan;
(g) Educate participating youth on tenant rights and
responsibilities;
(h) Provide support to participating youth in the form of general
case management and information and referral services, when necessary,
or collaborate with a case manager with whom the youth is already
involved to ensure that the youth is receiving the case management and
information and referral services needed;
(i) Connect participating youth, when possible, with individual
development account programs, other financial literacy programs, and
other programs that are designed to help young people acquire economic
independence and self-sufficiency, or collaborate with a case manager
with whom the youth is already involved to ensure that the youth is
receiving information and referrals to these programs, when
appropriate;
(j) Submit expenditure and performance reports, including
information related to the performance measures in RCW 43.63A.311, to
the department on a time schedule determined by the department; and
(k) Provide recommendations to the department regarding program
improvements and strategies that might assist the state to reach its
goals as described in RCW 43.63A.311(2)(g).
Sec. 7 RCW 13.40.210 and 2009 c 187 s 1 are each amended to read
as follows:
(1)(a) The secretary shall set a release date for each juvenile
committed to its custody. The release date shall be within the
prescribed range to which a juvenile has been committed under RCW
13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 concerning
offenders the department determines are eligible for the juvenile
offender basic training camp program. Such dates shall be determined
prior to the expiration of sixty percent of a juvenile's minimum term
of confinement included within the prescribed range to which the
juvenile has been committed. The secretary shall release any juvenile
committed to the custody of the department within four calendar days
prior to the juvenile's release date or on the release date set under
this chapter. Days spent in the custody of the department shall be
tolled by any period of time during which a juvenile has absented
himself or herself from the department's supervision without the prior
approval of the secretary or the secretary's designee.
(b) Prior to release, the department shall record details,
including an address, of the confirmed housing situation arranged for
the juvenile pending the juvenile's release from custody.
(2) The secretary shall monitor the average daily population of the
state's juvenile residential facilities. When the secretary concludes
that in-residence population of residential facilities exceeds one
hundred five percent of the rated bed capacity specified in statute, or
in absence of such specification, as specified by the department in
rule, the secretary may recommend reductions to the governor. On
certification by the governor that the recommended reductions are
necessary, the secretary has authority to administratively release a
sufficient number of offenders to reduce in-residence population to one
hundred percent of rated bed capacity. The secretary shall release
those offenders who have served the greatest proportion of their
sentence. However, the secretary may deny release in a particular case
at the request of an offender, or if the secretary finds that there is
no responsible custodian, as determined by the department, to whom to
release the offender, or if the release of the offender would pose a
clear danger to society. The department shall notify the committing
court of the release at the time of release if any such early releases
have occurred as a result of excessive in-residence population. In no
event shall an offender adjudicated of a violent offense be granted
release under the provisions of this subsection.
(3)(a) Following the release of any juvenile under subsection (1)
of this section, the secretary may require the juvenile to comply with
a program of parole to be administered by the department in his or her
community which shall last no longer than eighteen months, except that
in the case of a juvenile sentenced for rape in the first or second
degree, rape of a child in the first or second degree, child
molestation in the first degree, or indecent liberties with forcible
compulsion, the period of parole shall be twenty-four months and, in
the discretion of the secretary, may be up to thirty-six months when
the secretary finds that an additional period of parole is necessary
and appropriate in the interests of public safety or to meet the
ongoing needs of the juvenile. A parole program is mandatory for
offenders released under subsection (2) of this section and for
offenders who receive a juvenile residential commitment sentence of
theft of a motor vehicle 1, possession of a stolen motor vehicle, or
taking a motor vehicle without permission 1. The decision to place an
offender on parole shall be based on an assessment by the department of
the offender's risk for reoffending upon release. The department shall
prioritize available parole resources to provide supervision and
services to offenders at moderate to high risk for reoffending.
(b) The secretary shall, for the period of parole, facilitate the
juvenile's reintegration into his or her community and to further this
goal shall require the juvenile to refrain from possessing a firearm or
using a deadly weapon and refrain from committing new offenses and may
require the juvenile to: (i) Undergo available medical, psychiatric,
drug and alcohol, sex offender, mental health, and other offense-related treatment services; (ii) report as directed to a parole officer
and/or designee; (iii) pursue a course of study, vocational training,
or employment; (iv) notify the parole officer of the current address
where he or she resides; (v) be present at a particular address during
specified hours; (vi) remain within prescribed geographical boundaries;
(vii) submit to electronic monitoring; (viii) refrain from using
illegal drugs and alcohol, and submit to random urinalysis when
requested by the assigned parole officer; (ix) refrain from contact
with specific individuals or a specified class of individuals; (x) meet
other conditions determined by the parole officer to further enhance
the juvenile's reintegration into the community; (xi) pay any court-ordered fines or restitution; and (xii) perform community restitution.
Community restitution for the purpose of this section means compulsory
service, without compensation, performed for the benefit of the
community by the offender. Community restitution may be performed
through public or private organizations or through work crews.
(c) The secretary may further require up to twenty-five percent of
the highest risk juvenile offenders who are placed on parole to
participate in an intensive supervision program. Offenders
participating in an intensive supervision program shall be required to
comply with all terms and conditions listed in (b) of this subsection
and shall also be required to comply with the following additional
terms and conditions: (i) Obey all laws and refrain from any conduct
that threatens public safety; (ii) report at least once a week to an
assigned community case manager; and (iii) meet all other requirements
imposed by the community case manager related to participating in the
intensive supervision program. As a part of the intensive supervision
program, the secretary may require day reporting.
(d) For the duration of the parole period, the department shall
record housing status as a data element when otherwise obtaining and
entering data on the juvenile's status. After termination of the
parole period, the juvenile shall be discharged from the department's
supervision.
(4)(a) The department may also modify parole for violation thereof.
If, after affording a juvenile all of the due process rights to which
he or she would be entitled if the juvenile were an adult, the
secretary finds that a juvenile has violated a condition of his or her
parole, the secretary shall order one of the following which is
reasonably likely to effectuate the purpose of the parole and to
protect the public: (i) Continued supervision under the same
conditions previously imposed; (ii) intensified supervision with
increased reporting requirements; (iii) additional conditions of
supervision authorized by this chapter; (iv) except as provided in
(a)(v) and (vi) of this subsection, imposition of a period of
confinement not to exceed thirty days in a facility operated by or
pursuant to a contract with the state of Washington or any city or
county for a portion of each day or for a certain number of days each
week with the balance of the days or weeks spent under supervision; (v)
the secretary may order any of the conditions or may return the
offender to confinement for the remainder of the sentence range if the
offense for which the offender was sentenced is rape in the first or
second degree, rape of a child in the first or second degree, child
molestation in the first degree, indecent liberties with forcible
compulsion, or a sex offense that is also a serious violent offense as
defined by RCW 9.94A.030; and (vi) the secretary may order any of the
conditions or may return the offender to confinement for the remainder
of the sentence range if the youth has completed the basic training
camp program as described in RCW 13.40.320.
(b) The secretary may modify parole and order any of the conditions
or may return the offender to confinement for up to twenty-four weeks
if the offender was sentenced for a sex offense as defined under RCW
9A.44.130 and is known to have violated the terms of parole.
Confinement beyond thirty days is intended to only be used for a small
and limited number of sex offenders. It shall only be used when other
graduated sanctions or interventions have not been effective or the
behavior is so egregious it warrants the use of the higher level
intervention and the violation: (i) Is a known pattern of behavior
consistent with a previous sex offense that puts the youth at high risk
for reoffending sexually; (ii) consists of sexual behavior that is
determined to be predatory as defined in RCW 71.09.020; or (iii)
requires a review under chapter 71.09 RCW, due to a recent overt act.
The total number of days of confinement for violations of parole
conditions during the parole period shall not exceed the number of days
provided by the maximum sentence imposed by the disposition for the
underlying offense pursuant to RCW 13.40.0357. The department shall
not aggregate multiple parole violations that occur prior to the parole
revocation hearing and impose consecutive twenty-four week periods of
confinement for each parole violation. The department is authorized to
engage in rule making pursuant to chapter 34.05 RCW, to implement this
subsection, including narrowly defining the behaviors that could lead
to this higher level intervention.
(c) If the department finds that any juvenile in a program of
parole has possessed a firearm or used a deadly weapon during the
program of parole, the department shall modify the parole under (a) of
this subsection and confine the juvenile for at least thirty days.
Confinement shall be in a facility operated by or pursuant to a
contract with the state or any county.
(5) A parole officer of the department of social and health
services shall have the power to arrest a juvenile under his or her
supervision on the same grounds as a law enforcement officer would be
authorized to arrest the person.
(6) If so requested and approved under chapter 13.06 RCW, the
secretary shall permit a county or group of counties to perform
functions under subsections (3) through (5) of this section.
Sec. 8 RCW 71.05.350 and 1997 c 112 s 29 are each amended to read
as follows:
No indigent patient shall be conditionally released or discharged
from involuntary treatment without suitable clothing, and the
superintendent of a state hospital shall furnish the same, together
with such sum of money as he or she deems necessary for the immediate
welfare of the patient. Such sum of money shall be the same as the
amount required by RCW 72.02.100 to be provided to persons in need
being released from correctional institutions. As funds are available,
the secretary may provide payment to indigent persons conditionally
released pursuant to this chapter consistent with the optional
provisions of RCW 72.02.100 and 72.02.110, and may adopt rules and
regulations to do so. The department must also record the housing
status, including an address, of indigent patients when they are
discharged from a state hospital.
Sec. 9 RCW 71.24.045 and 2006 c 333 s 105 are each amended to
read as follows:
The regional support network shall:
(1) Contract as needed with licensed service providers. The
regional support network may, in the absence of a licensed service
provider entity, become a licensed service provider entity pursuant to
minimum standards required for licensing by the department for the
purpose of providing services not available from licensed service
providers;
(2) Operate as a licensed service provider if it deems that doing
so is more efficient and cost effective than contracting for services.
When doing so, the regional support network shall comply with rules
promulgated by the secretary that shall provide measurements to
determine when a regional support network provided service is more
efficient and cost effective;
(3) Monitor and perform biennial fiscal audits of licensed service
providers who have contracted with the regional support network to
provide services required by this chapter. The monitoring and audits
shall be performed by means of a formal process which insures that the
licensed service providers and professionals designated in this
subsection meet the terms of their contracts;
(4) Assure that the special needs of minorities, the elderly,
((disabled)) persons with disabilities, children, and low-income
persons are met within the priorities established in this chapter;
(5)(a) Maintain patient tracking information in a central location
as required for resource management services and the department's
information system;
(b) Within the patient tracking system, track the housing status of
patients receiving care from regional support networks whenever there
is a change in housing status, or at a minimum, once a year;
(6) Collaborate to ensure that policies do not result in an adverse
shift of ((mentally ill)) persons with mental illnesses into state and
local correctional facilities;
(7) Work with the department to expedite the enrollment or re-enrollment of eligible persons leaving state or local correctional
facilities and institutions for mental diseases;
(8) If a regional support network is not operated by the county,
work closely with the county designated mental health professional or
county designated crisis responder to maximize appropriate placement of
persons into community services; and
(9) Coordinate services for individuals who have received services
through the community mental health system and who become patients at
a state mental hospital to ensure they are transitioned into the
community in accordance with mutually agreed upon discharge plans and
upon determination by the medical director of the state mental hospital
that they no longer need intensive inpatient care.
NEW SECTION. Sec. 10 Sections 4 and 6 of this act expire August
1, 2010.
NEW SECTION. Sec. 11 Sections 5 and 7 of this act take effect
August 1, 2010.
NEW SECTION. Sec. 12 Sections 1 through 4, 6, 8, and 9 of this
act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and take effect immediately.