[atlas:bill]

AN ACT Relating to maintaining the residential parenting program at the women's correctional center; amending RCW 72.09.010, 72.09.015, 72.09.251, 72.09.450, 72.09.460, and 72.09.470; adding new sections to chapter 72.09 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that a child's early attachment to his or her parent influences physical and intellectual development, forms the foundation for psychological development, and becomes the prototype for subsequent interpersonal relationships. The legislature also finds that the late stages of gestation, birth, and first two years of life are critical in an infant's development of conscience, his or her ability to trust and relate to others, and establishes the foundation for key protective factors such as intelligence, trust, and empathy. The legislature finds that when these are depressed or when an infant is mistreated, it may lead to early aggression, impulsive temperament, and violent behavior which are the strongest developmental predictors of future involvement in violent behavior. The legislature finds persuasive research that strongly indicates that the best way to improve later developmental outcomes is to improve mother-child interaction and prevent early loss of primary relationships or breaks in caregiving.

The legislature also finds persuasive national statistics that demonstrate that incarcerated mothers who develop strong parenting skills and bond with their children are less likely to reoffend. Consequently, the legislature finds that the residential parenting program at the women's correctional center protects public safety and promotes outcomes that are socially and fiscally responsible by reducing recidivism and reducing the likelihood that a child of an incarcerated mother will become at-risk for committing criminal offenses as a juvenile or adult.

NEW SECTION. Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

The department shall maintain a residential parenting program at its major correctional institutions for women to allow those inmates who give birth while incarcerated, and who meet eligibility requirements, to keep their infants with them during their incarceration. The program shall provide an appropriate living situation for the infants, promote positive parenting skills, and facilitate transition services back into the community.

Sec. 3. RCW 72.09.010 and 1995 1st sp.s. c 19 s 2 are each amended to read as follows:

It is the intent of the legislature to establish a comprehensive system of corrections for convicted law violators within the state of Washington to accomplish the following objectives.

(1) The system should ensure the public safety. The system should be designed and managed to provide the maximum feasible safety for the persons and property of the general public, the staff, and the inmates.

(2) The system should punish the offender for violating the laws of the state of Washington. This punishment should generally be limited to the denial of liberty of the offender.

(3) The system should positively impact offenders by stressing personal responsibility and accountability and by discouraging recidivism.

(4) The system should treat all offenders fairly and equitably without regard to race, religion, sex, national origin, residence, or social condition.

(5) The system, as much as possible, should reflect the values of the community including:

(a) Avoiding idleness. Idleness is not only wasteful but destructive to the individual and to the community.

(b) Adoption of the work ethic. It is the community expectation that all individuals should work and through their efforts benefit both themselves and the community.

(c) Maintaining, to the extent appropriate, any existing parent-child relationship with their children. The community expects parents to be responsible for their children and for their parenting decisions. Where the court has not prohibited contact or terminated parental rights, and where the inmate's parental role will continue on release, incarceration should not provide an excuse to avoid this responsibility.

(d) Providing opportunities for self improvement. All individuals should have opportunities to grow and expand their skills and abilities so as to fulfill their role in the community.

((~~(d)~~)) (e) Linking the receipt or denial of privileges to responsible behavior and accomplishments. The individual who works to improve himself or herself and the community should be rewarded for these efforts. As a corollary, there should be no rewards for no effort.

((~~(e)~~)) (f) Sharing in the obligations of the community. All citizens, the public and inmates alike, have a personal and fiscal obligation in the corrections system. All communities must share in the responsibility of the corrections system.

(6) The system should provide for prudent management of resources. The avoidance of unnecessary or inefficient public expenditures on the part of offenders and the department is essential. Offenders must be accountable to the department, and the department to the public and the legislature. The human and fiscal resources of the community are limited. The management and use of these resources can be enhanced by wise investment, productive programs, the reduction of duplication and waste, and the joining together of all involved parties in a common endeavor. Since most offenders return to the community, it is wise for the state and the communities to make an investment in effective rehabilitation programs for offenders and the wise use of resources.

(7) The system should provide for restitution. Those who have damaged others, persons or property, have a responsibility to make restitution for these damages.

(8) The system should be accountable to the citizens of the state. In return, the individual citizens and local units of government must meet their responsibilities to make the corrections system effective.

(9) The system should meet those national standards which the state determines to be appropriate.

Sec. 4. RCW 72.09.015 and 1995 1st sp.s. c 19 s 3 are each amended to read as follows:

The definitions in this section apply throughout this chapter.

(1) "Base level of correctional services" means the minimum level of field services the department of corrections is required by statute to provide for the supervision and monitoring of offenders.

(2) "Contraband" means any object or communication the secretary determines shall not be allowed to be: (a) Brought into; (b) possessed while on the grounds of; or (c) sent from any institution under the control of the secretary.

(3) "County" means a county or combination of counties.

(4) "Department" means the department of corrections.

(5) "Earned early release" means earned ((~~early~~)) release as authorized by RCW 9.94A.150.

(6) "Extended family visit" means an authorized visit between an inmate and a member of his or her immediate family that occurs in a private visiting unit located at the correctional facility where the inmate is confined.

(7) "Good conduct" means compliance with department rules and policies.

(8) "Good performance" means successful completion of a program required by the department, including an education, work, or other program.

(9) "Immediate family" means the inmate's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, and a person legally married to an inmate. "Immediate family" does not include an inmate adopted by another inmate or the immediate family of the adopted or adopting inmate.

(10) "Indigent inmate," "indigent," and "indigency" mean an inmate who has less than a ten-dollar balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the thirty days previous to the request.

(11) "Inmate" means a person committed to the custody of the department, including but not limited to persons residing in a correctional institution or facility and persons released on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.

(12) "Privilege" means any goods or services, education or work programs, or earned early release days, the receipt of which are directly linked to an inmate's (a) good conduct; and (b) good performance. Privileges do not include any goods or services the department is required to provide under the state or federal Constitution or under state or federal law.

(13) "Residential parenting program" means a program for infants born of eligible pregnant inmates to develop a parent-child relationship with their inmate mothers through the mother's participation in a minimum security residential program that permits her to actively parent her child.

(14) "Secretary" means the secretary of corrections or his or her designee.

((~~(14)~~)) (15) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections, or his or her designee.

((~~(15)~~)) (16) "Work programs" means all classes of correctional industries jobs authorized under RCW 72.09.100.

Sec. 5. RCW 72.09.251 and 1997 c 345 s 4 are each amended to read as follows:

(1) The department shall develop and implement policies and procedures for the uniform distribution of communicable disease prevention guidelines to all corrections staff who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders with communicable diseases.

(2) The guidelines shall identify special precautions necessary to reduce the risk of transmission of communicable diseases.

(3) The guidelines shall identify any unique precautions necessary and appropriate to reduce the risk of transmission of communicable diseases between the infants and mothers of the residential parenting program.

(4) For the purposes of this section, "communicable disease" means sexually transmitted diseases, as defined in RCW 70.24.017, diseases caused by bloodborne pathogens, or any other illness caused by an infectious agent that can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an intermediate host or vector, food, water, or air.

Sec. 6. RCW 72.09.450 and 1996 c 277 s 1 are each amended to read as follows:

(1) An inmate shall not be denied access to services or supplies required by state or federal law solely on the basis of his or her inability to pay for them.

(2) An eligible inmate mother shall not be denied entrance into the residential parenting program on the basis of indigence.

(3) The department shall record all lawfully authorized assessments for services or supplies as a debt to the department. The department shall recoup the assessments when the inmate's institutional account exceeds the indigency standard, and may pursue other remedies to recoup the assessments after the period of incarceration.

((~~(3)~~)) (4) The department shall record as a debt any costs assessed by a court against an inmate plaintiff where the state is providing defense pursuant to chapter 4.92 RCW. The department shall recoup the debt when the inmate's institutional account exceeds the indigency standard and may pursue other remedies to recoup the debt after the period of incarceration.

((~~(4)~~)) (5) In order to maximize the cost-efficient collection of unpaid offender debt existing after the period of an offender's incarceration, the department is authorized to use the following nonexclusive options: (a) Use the collection services available through the department of general administration, or (b) notwithstanding any provision of chapter 41.06 RCW, contract with collection agencies for collection of the debts. The costs for general administration or collection agency services shall be paid by the debtor. Any contract with a collection agency shall only be awarded after competitive bidding. Factors the department shall consider in awarding a collection contract include but are not limited to a collection agency's history and reputation in the community; and the agency's access to a local data base that may increase the efficiency of its collections. The servicing of an unpaid obligation to the department does not constitute assignment of a debt, and no contract with a collection agency may remove the department's control over unpaid obligations owed to the department.

Sec. 7. RCW 72.09.460 and 1998 c 244 s 10 are each amended to read as follows:

(1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

(2) The department shall provide access to a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements in accordance with chapter 28A.193 RCW. The program of education established by the department and education provider under RCW 28A.193.020 for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. The program of education may include but not be limited to basic education, prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.

(3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

(a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

(b) Additional work and education programs based on assessments and placements under subsection (5) of this section; and

(4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. The standards shall include standards for pregnant and postpartum inmates. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

(5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:

(a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

(b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:

(i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date;

(ii) An inmate's education history and basic academic skills;

(iii) An inmate's work history and vocational or work skills;

(iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

(v) Where applicable, an inmate's prior performance in department-approved education or work programs;

(c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;

(d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

(A) Second and subsequent vocational programs associated with an inmate's work programs; and

(B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

(ii) Inmates shall pay all costs and tuition for participation in:

(A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

(B) Second and subsequent vocational programs not associated with an inmate's work program.

Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

(e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

(i) Shall not be required to participate in education programming; and

(ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

(6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

(7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.

(8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

(9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release.

Sec. 8. RCW 72.09.470 and 1995 1st sp.s. c 19 s 7 are each amended to read as follows:

To the greatest extent practical, all inmates shall contribute to the cost of privileges. The department shall establish standards by which inmates shall contribute a portion of the department's capital costs of providing privileges, including television cable access, extended family visitation, weight lifting, and other recreational sports equipment and supplies. The standards shall also require inmates to contribute a significant portion of the department's operating costs directly associated with providing privileges, including staff and supplies. Inmate contributions may be in the form of individual user fees assessed against an inmate's institution account, deductions from an inmate's gross wages or gratuities, or inmates' collective contributions to the institutional welfare/betterment fund. The department shall make every effort to maximize individual inmate contributions to payment for privileges. The department shall not limit inmates' financial support for privileges to contributions from the institutional welfare/betterment fund. The standards shall consider the assets available to the inmates, the cost of administering compliance with the contribution requirements, and shall promote a responsible work ethic.

In addition, inmates may make voluntary contributions to programs, including the residential parenting program, but not to any individual in a program.

The department may accept voluntary contributions to the residential parenting program from members of the community. The department may, to the extent consistent with program and security objectives, accept in-kind donations to the residential parenting program from members of the community. Funds donated to an infant member of the program are not subject to the mandatory deductions established in RCW 72.09.111. Funds donated to an infant must be used for the support of the infant and may not be used for support of the inmate mother. In-kind donations of property made to an infant shall be placed on that infant's property list and, except as otherwise provided, shall accompany the infant when the infant leaves the facility.

NEW SECTION. Sec. 9. A new section is added to chapter 72.09 RCW to read as follows:

Participation in the residential parenting program is not a right and decisions about admission to the program shall be made on a case-by-case basis.

(1) No inmate who is the subject of a no contact order which prohibits contact with minor children, has a felony detainer, or has a documented history of sex offenses against children is eligible to participate. Good cause exceptions to the felony detainer requirement may be approved only by the superintendent. No other exceptions may be made.

(2) Eligible inmates must meet the following additional criteria:

(a) The inmate mother must be classified as a minimum custody inmate;

(b) The inmate mother must be pregnant at the time of application with a delivery date prior to her anticipated release date from the Washington correctional center for women;

(c) The inmate mother must be eligible for transfer to a prerelease facility by the time her child reaches the age of eighteen months;

(d) The inmate mother must be physically and mentally capable of caring for a child;

(e) The inmate mother must meet head start eligibility requirements and must be willing to participate in all parenting training and parent-child activities associated with the early head start program;

(f) The inmate mother must be willing to participate in the residential parenting program at prerelease and work release facilities;

(g) The inmate mother must be willing to participate in prenatal parenting activities, training, and education conducted by community agencies working in partnership with the Washington correctional center for women; and

(h) The inmate mother must be cleared by child protective services.

(3) Where an inmate mother meets the eligibility criteria established in subsections (1) and (2) of this section, but has one or more of the following risk factors, eligibility shall be determined on a case-by-case basis. The inmate:

(a) Has documented behavior of child abuse or neglect;

(b) Has medically documented concerns, including mental health concerns, which would prevent full participation in the residential parenting program. This may require a professional evaluation and determination of the inmate's ability to participate;

(d) Has been found guilty of a serious infraction within the last three months; or

(e) Has a history of committing arson.

NEW SECTION. Sec. 10. A new section is added to chapter 72.09 RCW to read as follows:

Participation in the program is only by request of the inmate and is not a right. Each inmate's application shall be individually reviewed. The department shall maintain published procedures, including notice provisions, for application and approval of the application. Final enrollment decisions shall be made by the superintendent following review by staff of both the inmate's current program and living unit and a review screening committee from the residential parenting program.

NEW SECTION. Sec. 11. A new section is added to chapter 72.09 RCW to read as follows:

(1) Infants must wear identifying wristbands at all times. The department shall maintain a stock of infant pediatric wristbands for replacement purposes. Wristbands shall be available for changing as needed.

(2) Wristbands shall contain at least the following information:

(a) The infant's name;

(b) The infant's department of social and health services number, once available;

(d) The inmate mother's department of corrections number.

(3) The copy of the filing for live birth and a photograph of the infant shall be kept in the inmate mother's central file. Photographs must be updated regularly.

NEW SECTION. Sec. 12. A new section is added to chapter 72.09 RCW to read as follows:

(1) All residential parenting program participants must participate in the following programs and activities:

(a) Department case management;

(b) Early head start program components;

(d) An institution work program during all points when the inmate mother is medically cleared to work;

(e) Family support networking;

(f) The parenting program; and

(g) If applicable, literacy training, GED, or high school completion; and chemical dependency treatment.

(2)(a) Except as provided in (b) of this subsection, inmate mothers shall participate in regular departmental education and work programming.

(b)(i) Inmate mothers shall not be assigned to work during a six-week postpartum period or until medically cleared. Following clearance, inmate mothers must obtain an on-site job and take part in all available residential parenting program education components.

(ii) Inmate mothers shall return to other programming outlined in their case plan as soon as medical providers approve the inmate mother and baby for program participation.

(iii) Pregnant participants must participate in the regular programming outlined in their case plan unless the participant does not meet the medical standards for participation.

(c) Following the six-week postpartum period, and when the inmate mother and baby have been medically cleared for program participation, inmate mothers shall take their infants to the day care facility in the morning and pick them up in the afternoon.

(3) While an inmate mother prepares food in the kitchen or eats in the dining room, her infant shall be cared for by another program participant or an inmate caregiver.

(4) Residential parenting program inmates shall have access to the same recreational programs as other inmates and participation shall be without their infants.

(5) Inmate mothers shall have access to prenatal and postnatal classes.

(6) Inmate mothers shall participate in recreational activities with their infants that develop their child's physical, emotional, and developmental needs, including yard time for walking and outdoor play with their children, indoor play, age appropriate crafts, group activities, and other needs as determined.

(7) There shall be opportunities available for regular photographs of the infant.

(8) Inmate mothers shall be the primary caretakers and the persons responsible for the safety and well-being of their infants. Program participants may partner together to provide short periods of respite child care for each other.

(9) Inmate mothers are responsible to clean up after their infant children prior to leaving common areas and to leave common spaces in sanitary and appropriate condition for others to use.

(10) Inmate mothers with a religious preference form on file may request infant baptism or christening. Inmate mothers shall attend a class on infant baptism, conducted by the chaplain or other appropriate faith group leader. The inmate mother may invite family on her approved visitor list to attend the baptism.

NEW SECTION. Sec. 13. A new section is added to chapter 72.09 RCW to read as follows:

The department shall seek to establish an operating agreement with a community head start program to maintain the child care center as an early head start program.

NEW SECTION. Sec. 14. A new section is added to chapter 72.09 RCW to read as follows:

The department shall provide facilities appropriate to meet the needs of the child participants in the residential parenting program. The facilities shall include the following:

(1) A minimum security housing unit. Inmate mothers must keep their infants in their cells and, if necessary, cells shall be modified or equipped to be appropriate for infants and to accommodate the infant's crib and other necessary equipment. There shall be one inmate mother and her infant, or in the case that an inmate mother delivers more than one infant, her infants, per cell;

(2) A day room suitable for group activities and indoor infant play. All department and facility rules for day rooms must be observed. The day room floor covering shall be appropriate for infant play;

(3) An appropriate space close to the day room or other common spaces for diaper changing;

(4) A kitchen for preparing the infant's food with a refrigerator and freezer for storing baby food and expressed milk;

(5) Dining room facilities;

(6) A fenced, outside play area for children; and

(7) A resource room containing, among other resources, medical and childrearing guides for parents.

NEW SECTION. Sec. 15. A new section is added to chapter 72.09 RCW to read as follows:

(1) Inmate mothers may apply for a community visit for their infants six weeks after birth. Applications may be made quarterly thereafter and must be made two weeks in advance. Exceptions in frequency may be approved by the superintendent for court-ordered visitation by a joint legal custodian. The superintendent has final authority for all visitation approvals or disapprovals.

(2) Community visits shall last twenty-four to seventy-two hours.

(3) The child shall be picked up and returned during normal visiting times. Exceptions must be approved in advance.

(4) The person picking up the child must be an authorized caretaker.

(5) Infant property must be logged and signed for when the baby leaves and returns.

(6) The returning child must be searched as provided in section 17 of this act.

NEW SECTION. Sec. 16. A new section is added to chapter 72.09 RCW to read as follows:

(1) Following her return from the hospital for labor and delivery, inmate mothers shall receive medical services from Washington correctional center for women providers.

(2) Infants shall receive medical and well-baby services from community providers.

(3) When an infant becomes ill, the inmate mother shall access medical resources in the following order:

(a) The inmate mother's personal child care books and child care books from the resource room;

(b) A medical hotline. The inmate mother shall be permitted to talk to the provider on the hotline through the use of a speaker phone. Staff must log and monitor the call and confirm information provided to the inmate mother;

(c) Physician or emergency room visits as recommended by the hotline. Correctional center staff shall provide transportation and the inmate mother shall accompany her child. The department shall establish policies or field instructions to designate which staff are appropriate to accompany the inmate mother;

(d) In case of an emergency, staff shall call 911 to obtain emergency medical services, inform necessary correctional center security, and assist the inmate mother as needed.

(4) The department shall enter an agreement with a local hospital or children's hospital to maintain infants' medical records and provide hospital services to infants in the program.

(5) Inmate mothers are responsible for general cleaning and sanitation on a daily basis. Janitorial staff shall be assigned to the residential training program to perform deep cleaning and sanitation on a daily basis. Inmate mothers shall be trained in proper cleaning and sanitation procedures, the use of a child safe germicidal cleaner, and proper sanitation and diaper disposal following diaper changing.

NEW SECTION. Sec. 17. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department shall maintain a procedure for counting inmate mothers and infants.

(2) Infants must wear identification bracelets and inmate mothers must wear their inmate identification at all times.

(3) All areas designated for infant participants and where infants congregate are off limits to all inmates except residential program participants and designated inmate caregivers.

(4) The main institution is off limits to all infants and children except as follows:

(a) When an inmate mother returns from delivering her infant and is subject to processing;

(b) Emergency situations;

(5) When newborn infants arrive at the correctional center, unit staff shall dispense baby supplies to the inmate mother and record property.

(6)(a) Inmate mothers have custody of their infants and shall not relinquish possession of their infants except for programming, medical reasons, disciplinary actions, or in an emergency.

(b) Emergency separations may include medical emergencies, an inmate mother's assignment to administrative segregation, or a program interruption or termination.

(c) In an emergency, the staff shall contact the emergency community contact, who must be able to assume responsibility for the infant within eight hours.

(7) No inmate other than a program participant or inmate caregiver may hold or pick up a child at any time. Children may be cared for by child care center staff, approved inmate caregivers, or other program participants. A program participant may not care for more than one child in addition to her own at any time.

(8) Infants shall not be taken to any area unauthorized for inmates.

(9) Infants may be left unsupervised for short periods while sleeping, but the inmate mother may not leave the unit during periods where her infant is unsupervised and must check on the infant at reasonable intervals.

(10) Any suspected nonaccidental injury or allegation of child neglect must be referred to the local child protective services office.

(11)(a) Inmate searches shall be conducted under the same policies as in the main institution except that an infant must not be present during a strip search of the infant's mother. Staff must arrange for the infant to be supervised by an inmate caregiver or another inmate during the search.

(b) If safety and security necessitate an infant search, the infant's mother shall perform a routine diaper change under observation by a correctional officer. If necessary and only upon approval of a Washington correctional center for women administrator, an authorized staff person may administer a search of the infant in the presence of the inmate mother in accordance with policy.

(12) The program shall maintain a file on each inmate mother as a portion of her central file. The file shall contain all program related forms, files, clearances, sponsor applications and records checks, signed information and other releases, birth certificate, photographs of the child at entrance and periodically thereafter, legal and court papers relevant to the father or the child, parenting plan, emergency plan, and emergency community contacts.

(13) The department shall develop policies and field instructions for the appropriate use of force in the residential parenting program. The use of physical force shall be limited, when a child is involved, to situations when the child may be in imminent danger, or for self-protection or the protection of others in imminent danger. The use of physical force must be limited to the minimum force necessary and, where possible, only after verbal diffusing techniques or calling for help. Property destruction is not a reason to use physical force against a child. The inmate mother shall be instructed to control her child.

(14) The department shall develop policies or field instructions to address additional program safety and security requirements.

NEW SECTION. Sec. 18. A new section is added to chapter 72.09 RCW to read as follows:

(1) Each inmate mother shall have an emergency plan and designate an emergency community contact to assume responsibility for her infant within two hours if an emergency separation, program interruption, or program termination occurs. Exceptions to the two-hour requirement may be made in special circumstances, including cross-state travel time. Where possible the contact should be a relative. Where the infant's father has parental rights, a parenting plan or any custodial contact in the infant's life, and is willing to be the emergency contact, the father should be the contact. If the father is involved in decision making for the child he should approve the contact.

(2)(a) If the emergency occurs while the child care center is open, the infant must be placed at the child care center until the emergency community contact arrives. If the emergency community contact cannot arrive until after the child care center closes, but can arrive within two hours after it closes the infant shall be cared for by an inmate caregiver or program participant until the contact arrives.

(b) If the emergency occurs when the center is not open and the emergency community contact is unable to arrive within two hours but is able to take the child within forty-eight hours, the child shall be temporarily placed with a community facility that provides crisis child care or nursing services. If the emergency community contact is unable to take the child within forty-eight hours, child protective services shall be asked to make a placement for the child.

NEW SECTION. Sec. 19. A new section is added to chapter 72.09 RCW to read as follows:

(1) Inmate caregivers shall assist inmate mothers in the care of their infants when inmate mothers are at programming, meals, and at other times as designated by the department.

(2) Inmate caregivers shall assist staff when the inmate mother is unable to care for the child and shall be responsible for the child until the designated community emergency contact arrives.

(3) Inmate caregivers shall be scheduled on a daily rotational basis. Inmate mothers may use only the assigned caregiver.

(4) Inmate caregivers must be recommended by the child development manager and must meet the following minimum criteria:

(a) Be classified as minimum security, submit to preselection and random urinalysis testing, and be free of infractions for six months;

(b) Have child care experience;

(d) No violent crimes or crimes against children;

(e) No history of child abuse or neglect;

(f) No court orders prohibiting contact with children of any age;

(g) No history of arson;

(h) No problems that would affect her ability to care for children;

(i) Clearance by child protective services;

(j) Successful completion of an inmate caregiver training curriculum; and

(k) Approval by the residential parenting program screening committee and the superintendent.

(5) Inmate caregivers must have access to the child care center and all designated areas for children.

(6) A designated number of inmate caregivers shall be assigned housing in the residential parenting program wings for on-call duty on an assigned basis twenty-four hours per day.

(7) Inmate caregivers may enter another inmate's cell for infant caregiving reasons.

(8) Inmate caregivers must be willing to care for any infant to whom they are assigned.

NEW SECTION. Sec. 20. A new section is added to chapter 72.09 RCW to read as follows:

Inmate caregiver training must include at least training in the following elements:

(1) Infant CPR and first aid;

(2) Training in infant food and bottle preparation and storage and feeding techniques;

(3) Infant health and safety, including universal precautions and diapering procedures;

(4) Child development and language development for infants through eighteen months of age;

(5) Understanding infant behavioral clues and sleeping and waking patterns of infants;

(6) Developmentally appropriate activities for infants to eighteen months;

(7) Cultural issues in infant care;

(8) Overview of early head start; and

(9) Child abuse and neglect reporting procedures and confidentiality.

NEW SECTION. Sec. 21. A new section is added to chapter 72.09 RCW to read as follows:

The department shall maintain and coordinate a program of community volunteer participation in the residential parenting program. Volunteers must pass a child protective services screen and normal departmental volunteer screening and orientation prior to selection for work in the residential parenting program.

NEW SECTION. Sec. 22. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department shall maintain a separate financial account for infant participants in the residential parenting program. Funds deposited to the infant's account are not subject to the mandatory inmate deductions required by RCW 72.09.111.

(2) Infant participants are eligible for temporary assistance for needy families grants and women infants children funds for child-related expenses. The department shall hold these funds in the infant's account.

(3) Any court-ordered child support payments shall be held in the infant's account.

(4) Funds in the infant's account may be used only for the infant's needs and expenses and equipment needed for proper infant care. Such funds may not be used to pay for maternal expenses and may not be applied to the mother's legal financial obligations.

NEW SECTION. Sec. 23. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department shall maintain a separate property list for infant participants in the residential parenting program.

(2) An infant's property shall accompany the infant when the infant leaves the program or when the infant and inmate mother transfer to a prerelease or work release facility.

(3) If an inmate mother is terminated from the program, the infant's property must be transferred with the infant to the emergency community contact or foster parent.

(4) Inmate mothers may order infant clothing and toys from an approved vendor. Inmate mothers may receive one gift package and two catalogue orders of baby clothing and supplies in the final trimester of pregnancy. The infant may receive one gift package and two to three catalogue orders per quarter. Packages are limited to fifteen pounds. Any exceptions must be approved by the superintendent.

(5) Inmate mothers may donate no-longer-needed clothing items to the program for use by indigent mothers.

NEW SECTION. Sec. 24. A new section is added to chapter 72.09 RCW to read as follows:

(1) For purposes of this subsection, "program interruption" means any temporary problem that will separate an inmate mother from her child or normal programming for more than two hours. An inmate mother may be temporarily separated from her child for any of the following reasons:

(a) The inmate mother is in the hospital or on a medical trip;

(b) The inmate mother is in segregation;

(d) The child is in the hospital; or

(e) The child is on a community visit.

(2) Upon a temporary separation, the inmate mother must complete and sign a temporary authorization form for the release of custody of her child. If the inmate mother is unable to complete and sign the form, staff shall complete the form, write "inmate unable to sign" on the form and attach the form to an incident report that describes the reasons the inmate mother was unable to sign.

(3) All program interruptions must be documented both when the child leaves and returns to the inmate mother's care.

(4) An inmate mother may be terminated from the program if:

(a) Information provided during screening for admission was false;

(b) The inmate mother commits a serious infraction;

(d) Living arrangements are deemed unhealthy for the inmate mother or her child;

(e) The inmate mother is incapable of caring for her child;

(f) The inmate mother is not following her case management plan;

(g) The inmate mother requests termination;

(h) Child protective services recommend termination; or

(i) Washington correctional center for women staff recommend termination.

(5) If an inmate mother is terminated from the residential parenting program, she may reapply with that child once the issues that caused the termination are resolved.

(6) If an inmate mother is terminated from the residential parenting program, the superintendent shall notify her of her right to appeal the decision to the superintendent within forty-eight hours.

(7) Prior to an inmate mother and her child's transfer to work release, program staff shall assure that paperwork has been completed to transfer the case to the local department of social and health services office. Upon an inmate mother's release from custody, the local department of social and health services office shall be notified.

NEW SECTION. Sec. 25. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.