SUBSTITUTE SENATE BILL 5588
State of Washington
2022 Regular Session
BySenate Human Services, Reentry & Rehabilitation (originally sponsored by Senators C. Wilson, Dhingra, Das, Hasegawa, Nguyen, Randall, Saldaña, and Stanford)
READ FIRST TIME 01/21/22.
AN ACT Relating to reentry and discharge planning for incarcerated individuals at the department of corrections; and amending RCW 72.09.270
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
and 2021 c 200 s 3 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 incarcerated individual who is committed to the jurisdiction of the department except:
(a) Incarcerated individuals who are sentenced to life without the possibility of release or sentenced to death under chapter 10.95
(b) Incarcerated individuals 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 incarcerated individuals using standardized and comprehensive tools to identify the criminogenic risks, programmatic needs, and educational and vocational skill levels for each incarcerated individual. The assessment tool should take into account demographic biases, such as culture, age, and gender, as well as the needs of the incarcerated individual, including any learning disabilities, substance abuse or mental health issues, and social or behavior challenges.
(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 incarcerated individual'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 incarcerated individual's children and family, if appropriate. The plan should determine whether parenting classes, or other services, are appropriate to facilitate successful reunification with the incarcerated individual's children and family;
(b) An individualized portfolio for each incarcerated individual that includes the incarcerated individual's education achievements, certifications, employment, work experience, skills, and any training received prior to and during incarceration; and
(c) A plan for the incarcerated individual during the period of incarceration through reentry into the community that addresses the needs of the incarcerated individual 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 incarcerated individual, the department shall develop an individual discharge plan and provide reentry linkage case management services as follows:
(i) No later than one year before release, or as early as practicable during the person's sentence if a person's term of confinement is less than one year:
(A) Evaluate the incarcerated individual's behavioral health and physical health needs ((and, to the extent possible, connect the incarcerated individual with existing services and resources that meet those needs)); ((and))
(B) Provide life skills classes and use of technology training to prepare the individual for release; and
(C) Assist the incarcerated individual with obtaining identification upon release;
(ii) No later than 30 days before release, or as early as practicable during the person's sentence if a person's term of confinement is less than 30 days:
(A) Submit applications for applicable state and federal government assistance and benefits programs on behalf of the incarcerated person;
(B) Create a transition plan that connects the incarcerated individual with relevant physical and behavioral health services, treatment programs, medication-assisted treatment, tribal and urban health clinics and behavioral health services, and other resources in the release area based on the person's evaluated needs;
(C) Prepare a 90-day supply of any necessary prescribed medications to be provided upon release, through a combination of a 30-day supply of in-hand medications and 60-day supply of prescriptions, to ensure continuity of care and that medications are readily available for the incarcerated person upon release;
(D) Connect the incarcerated individual with available housing, employment, and educational and job training opportunities in the area where the person will be residing upon release;
(E) Provide for short-term basic needs such as clothing, food, and hygiene supplies; and
(F) Prepare and coordinate transportation services as needed; and
(iii) Connect the incarcerated individual with a community justice center and/or community transition coordination network in the area in which the incarcerated individual will be residing once released from the correctional system if one exists.
(b) If the department recommends partial confinement in an incarcerated individual's individual reentry plan, the department shall maximize the period of partial confinement for the incarcerated individual as allowed pursuant to RCW 9.94A.728
to facilitate the incarcerated individual's transition to the community.
(7) The department shall establish mechanisms for sharing information from individual reentry plans to those persons involved with the incarcerated individual'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 incarcerated individual released to community custody, the department may approve a residence location that is not in the incarcerated individual's county of origin if the department determines that the residence location would be appropriate based on any court-ordered condition of the incarcerated individual's sentence, victim safety concerns, and factors that increase opportunities for successful reentry and long-term support including, but not limited to, location of family or other sponsoring persons or organizations that will support the incarcerated individual, ability to complete an educational program that the incarcerated individual is enrolled in, availability of appropriate programming or treatment, and access to housing, employment, and prosocial influences on the person in the community.
(b) In implementing the provisions of this subsection, the department shall approve residence locations in a manner that will not cause any one county to be disproportionately impacted.
(c) If the incarcerated individual 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 incarcerated individual is placed with a written explanation.
(d)(i) For purposes of this section, except as provided in (d)(ii) of this subsection, the incarcerated individual's county of origin means the county of the incarcerated individual's residence at the time of the incarcerated individual's first felony conviction in Washington state.
(ii) If the incarcerated individual is a homeless person as defined in RCW 43.185C.010
, or the incarcerated individual's residence is unknown, then the incarcerated individual's county of origin means the county of the incarcerated individual's first felony conviction in Washington state.
(9) Nothing in this section creates a vested right in programming, education, or other services.
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