BILL REQ. #:  S-3717.2 

Read first time 01/15/10.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to planning for the discontinuation of discharge of vulnerable populations from state institutions into homelessness; amending RCW 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; and creating a new section.

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; 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, 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. 5   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. 6   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, 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 parol 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. 7   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. 8   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.