E2SHB 1422 -
By Committee on Human Services & Corrections
ADOPTED 04/04/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes the significant
impact on the lives and well-being of children and families when a
parent is incarcerated. It is the intent of the legislature to support
children and families, and maintain familial connections when
appropriate, during the period a parent is incarcerated. Further, the
legislature finds that there must be a greater emphasis placed on
identifying state policies and programs impacting children with
incarcerated parents. Additionally, greater effort must be made to
ensure that the policies and programs of the state are supportive of
the children, and meet their needs during the time the parent is
incarcerated.
According to the final report of the children of incarcerated
parents oversight committee, helping offenders build durable family
relationships may reduce the likelihood that their children will go to
prison later in life. Additionally, the report indicates that
offenders who reconnect with their families in sustaining ways are less
likely to reoffend. In all efforts to help offenders build these
relationships with their children, the safety of the children will be
paramount.
NEW SECTION. Sec. 2 A new section is added to chapter 72.09 RCW
to read as follows:
(1) The secretary of corrections shall review current department
policies and assess the following:
(a) The impact of existing policies on the ability of offenders to
maintain familial contact and engagement between inmates and children;
and
(b) The adequacy and availability of programs targeted at inmates
with children.
(2) The secretary shall adopt policies that encourage familial
contact and engagement between inmates and their children with the goal
of reducing recidivism and intergenerational incarceration. Programs
and policies should take into consideration the children's need to
maintain contact with his or her parent and the inmate's ability to
develop plans to financially support their children, assist in
reunification when appropriate, and encourage the improvement of
parenting skills where needed.
(3) The department shall conduct the following activities to assist
in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the families of inmates,
particularly the children of incarcerated parents;
(b) Evaluate data to determine the impact on recidivism and
intergenerational incarceration; and
(c) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee.
NEW SECTION. Sec. 3 A new section is added to chapter 74.04 RCW
to read as follows:
(1)(a) The secretary of social and health services shall review
current department policies and assess the adequacy and availability of
programs targeted at persons who receive services through the
department who are the children and families of a person who is
incarcerated in a department of corrections facility. Great attention
shall be focused on programs and policies affecting foster youth who
have a parent who is incarcerated.
(b) The secretary shall adopt policies that encourage familial
contact and engagement between inmates of the department of corrections
facilities and their children with the goal of facilitating normal
child development, while reducing recidivism and intergenerational
incarceration. Programs and policies should take into consideration
the children's need to maintain contact with his or her parent, the
inmate's ability to develop plans to financially support their
children, assist in reunification when appropriate, and encourage the
improvement of parenting skills where needed. The programs and
policies should also meet the needs of the child while the parent is
incarcerated.
(2) The secretary shall conduct the following activities to assist
in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the recipients of public
assistance, or children in the care of the state under chapter 13.34
RCW, who are the children and families of inmates incarcerated in
department of corrections facilities; and
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee.
NEW SECTION. Sec. 4 A new section is added to chapter 43.215 RCW
to read as follows:
(1)(a) The director of the department of early learning shall
review current department policies and assess the adequacy and
availability of programs targeted at persons who receive assistance who
are the children and families of a person who is incarcerated in a
department of corrections facility. Great attention shall be focused
on programs and policies affecting foster youth who have a parent who
is incarcerated.
(b) The director shall adopt policies that support the children of
incarcerated parents and meet their needs with the goal of facilitating
normal child development, while reducing intergenerational
incarceration.
(2) The director shall conduct the following activities to assist
in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the recipients of assistance who
are the children and families of inmates incarcerated in department of
corrections facilities; and
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee.
NEW SECTION. Sec. 5 A new section is added to chapter 28A.300
RCW to read as follows:
(1) The superintendent of public instruction shall review current
policies and assess the adequacy and availability of programs targeted
at children who have a parent who is incarcerated in a department of
corrections facility. The superintendent of public instruction shall
adopt policies that support the children of incarcerated parents and
meet their needs with the goal of facilitating normal child
development, including maintaining adequate academic progress, while
reducing intergenerational incarceration.
(2) The superintendent shall conduct the following activities to
assist in implementing the requirements of subsection (1) of this
section:
(a) Gather information and data on the students who are the
children of inmates incarcerated in department of corrections
facilities; and
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee.
NEW SECTION. Sec. 6 A new section is added to chapter 43.63A RCW
to read as follows:
(1)(a) The department of community, trade, and economic development
shall establish an advisory committee to monitor, guide, and report on
recommendations relating to policies and programs for children and
families with incarcerated parents.
(b) The advisory committee shall include representatives of the
department of corrections, the department of social and health
services, the department of early learning, the office of the
superintendent of public instruction, representatives of the private
nonprofit and business sectors, child advocates, representatives of
Washington state Indian tribes as defined under the federal Indian
welfare act (25 U.S.C. Sec. 1901 et seq.), court administrators, the
administrative office of the courts, the Washington association of
sheriffs and police chiefs, jail administrators, the office of the
governor, and others who have an interest in these issues.
(c) The advisory committee shall:
(i) Gather the data collected by the departments as required in
sections 2 through 5 of this act;
(ii) Monitor and provide consultation on the implementation of
recommendations contained in the 2006 children of incarcerated parents
report;
(iii) Identify areas of need and develop recommendations for the
legislature, the department of social and health services, the
department of corrections, the department of early learning, and the
office of the superintendent of public instruction to better meet the
needs of children and families of persons incarcerated in department of
corrections facilities; and
(iv) Advise the department of community, trade, and economic
development regarding community programs the department should fund
with moneys appropriated for this purpose in the operating budget. The
advisory committee shall provide recommendations to the department
regarding the following:
(A) The goals for geographic distribution of programs and funding;
(B) The scope and purpose of eligible services and the priority of
such services;
(C) Grant award funding limits;
(D) Entities eligible to apply for the funding;
(E) Whether the funding should be directed towards starting or
supporting new programs, expanding existing programs, or whether the
funding should be open to all eligible services and providers; and
(F) Other areas the advisory committee determines appropriate.
(d) The children of incarcerated parents advisory committee shall
update the legislature and governor annually on committee activities,
with the first update due by January 1, 2008.
(2) The department of community, trade, and economic development
shall select community programs or services to receive funding that
focus on children and families of inmates incarcerated in a department
of corrections facility and sustaining the family during the period of
the inmate's incarceration.
(a) Programs or services which meet the needs of the children of
incarcerated parents should be the greatest consideration in the
programs that are identified by the department.
(b) The department shall consider the recommendations of the
advisory committee regarding which services or programs the department
should fund.
(c) The programs selected shall collaborate with an agency, or
agencies, experienced in providing services to aid families and victims
of sexual assault and domestic violence to ensure that the programs
identify families who have a history of sexual assault or domestic
violence and ensure the services provided are appropriate for the
children and families.
NEW SECTION. Sec. 7 The children of incarcerated parents
oversight committee shall expire on the effective date of this section.
NEW SECTION. Sec. 8 If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2007, in the omnibus appropriations act, this act is null and
void."
E2SHB 1422 -
By Committee on Human Services & Corrections
ADOPTED 04/04/2007
On page 1, line 1 of the title, after "parents;" strike the remainder of the title and insert "adding a new section to chapter 72.09 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 43.215 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 43.63A RCW; and creating new sections."