READ FIRST TIME 03/02/09.   

     AN ACT Relating to persons with developmental disabilities who are in correctional facilities or jails; creating new sections; and providing an expiration date.

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 assist them in understanding what is happening to them and what is expected of them when they encounter the criminal justice system.
     (2) The legislature intends to improve the ability of corrections institutions to better identify and provide safe, appropriate accommodations for persons with developmental disabilities.

NEW SECTION.  Sec. 2   (1) Within state and federal funds appropriated or otherwise available for this purpose, a work group is established, to be cochaired by representatives of the developmental disabilities council and the Washington association of sheriffs and police chiefs, to address issues relating to persons with developmental disabilities who are confined in correctional facilities.
     (2) In addition to representatives from the developmental disabilities council and the Washington association of sheriffs and police chiefs, the work group shall consult with:
     (a) The department of social and health services;
     (b) The department of corrections;
     (c) The Washington traumatic brain injury strategic partnership advisory council as defined in RCW 74.31.020;
     (d) Disability rights Washington;
     (e) Consumer advocates; and
     (f) Other interested organizations as identified by the developmental disabilities council and the Washington association of sheriffs and police chiefs.
     (3) By December 1, 2009, the work group shall develop recommendations and report to the appropriate committees of the legislature relating to:
     (a) 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 from jail or confinement in the department of corrections;
     (b) The appropriate role of the department of social and health services in providing potential alternatives to confinement for persons with developmental disabilities and consultation and technical assistance to jails and the department of corrections in their efforts to provide reasonable accommodations for persons with developmental disabilities who are confined in their facility;
     (c) 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;
     (d) 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;
     (e) 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;
     (f) The feasibility of adopting standardized statewide screening and application practices and forms designed to facilitate the application of a confined person who is likely to be eligible for medical assistance services by the division of developmental disabilities;
     (g) The need for and feasibility of developing a screening tool and training for corrections staff to be used to identify persons with developmental disabilities who are confined in prison with the department of corrections similar to the tool to be developed for jails under subsection (4) of this section; and
     (h) The feasibility of developing a screening tool for traumatic brain injuries, and information on best practices and training regarding appropriate accommodations for persons with traumatic brain injuries.
     (4) By July 1, 2010, the work group shall develop:
     (a) A simple screening tool that may be used by jails as part of a jail's intake and/or classification process and which will assist in the identification of offenders with the most common types of developmental disabilities;
     (b) A model policy for the use of the screening tool;
     (c) A cost-effective means to provide concise training to jail staff on the use of the tool; and
     (d) Information on best practices and training regarding appropriate accommodations for persons with developmental disabilities during their confinement.

NEW SECTION.  Sec. 3   The definitions in this section apply throughout sections 1 and 2 of this act unless the context clearly requires otherwise.
     (1) "Jail" has the same meaning as provided in RCW 70.48.020; and
     (2) "Confined" means incarcerated in a jail.

NEW SECTION.  Sec. 4   This act expires December 1, 2010.