BILL REQ. #:  H-2050.2 

READ FIRST TIME 02/20/07.   

     AN ACT Relating to transition and reentry of offenders into the community; amending RCW 72.09.460; adding a new section to chapter 72.04A RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 43.63A RCW; adding a new chapter to Title 72 RCW; creating new sections; making appropriations; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that approximately eight thousand five hundred offenders are returned to the community from Washington prisons each year. Research from the Washington state institute for public policy indicates that approximately fifty percent of these offenders will commit another crime and return to prison or jail within three years.
     Washington's incarceration rate is expected to increase twenty-three percent by the year 2019 and current long-term forecasts predict that Washington will need to build two new prisons by 2020 and possibly a third prison by 2030.
     The Washington institute for public policy research finds that if Washington successfully implements a moderate to aggressive portfolio of evidence-based options, a significant level of future prison construction can be avoided, taxpayers can save about two billion dollars, and crime rates can be reduced.
     It is the intent of the legislature to support evidence-based programing for offenders and focus on facilitating the successful reentry of offenders into the community. The goals of the offender reentry programs are to increase public safety, maximize rehabilitation of offenders, and lower recidivism. It is further the intent of the legislature that the individual reentry plan, in addition to facilitating offender reentry, will serve as a tool in managing offenders while they are incarcerated.
     The legislature also recognizes that some offenders will choose not to take advantage of programming offered and will continue to commit crimes. The legislature intends to increase public safety by holding these offenders accountable for their actions. In order to do so, it is necessary to ensure the offenders are more closely supervised when they are released into the community under the supervision of the department. The legislature intends to increase the number of community corrections officers, and reduce the caseloads of existing officers, to enable the community corrections officers to be better able to supervise the offenders in the community.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of corrections.
     (2) "Community justice center" means a nonresidential facility staffed primarily by the department in which recently released inmates may access services necessary to improve their successful reentry into the community and where former inmates may receive information regarding services available within the community from the community transition coordinator. The services may include, but are not limited to, those listed in the individual reentry plan, mental health, chemical dependency, anger management, parenting education, financial literacy, housing assistance, and employment assistance.
     (3) "Community transition coordinator" means a person designated by the department to provide information to former inmates regarding services available within the community to assist the former inmate in successfully transitioning into the community.
     (4) "Individual reentry plan" means the plan to prepare the inmate for release into the community. It is developed collaboratively between the department and the inmate. The plan is based on an assessment of the inmate using a standardized and comprehensive tool. The individual reentry plan describes actions that must occur to prepare individual offenders for release from the custody of the department and specifies the supervision and services they will experience in the community. An individual reentry plan is updated throughout the period of an offender's incarceration and supervision is to be relevant to the offender's current needs and risks.

NEW SECTION.  Sec. 3   (1) The department shall develop an individual reentry plan as defined in subsection (6) of this section for every offender who is committed to a correctional facility operated by the department. 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.
     (2) 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.
     (3)(a) The initial assessment shall be conducted as early as sentencing, but no later than forty-five days after entry into the correctional system and shall be periodically reviewed and updated as appropriate.
     (b) The offender's individual reentry plan shall be developed as soon as possible after the initial assessment is conducted, but no later than sixty days after the completion of the assessment.
     (4) 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.
     (5)(a) The individual reentry plan shall be updated as appropriate during the period of incarceration to maintain relevancy to the inmate's current risks and needs.
     (b) The individual reentry plan shall be updated six months prior to the inmate's release to reassess the inmate's specific needs upon reentry. The individual reentry plan updated prior to release shall address the following:
     (i) The individual reentry plan should consider public safety concerns and be consistent with the offender assigned risk management level assigned by the department;
     (ii) The plan for the offender to access housing immediately upon release, including details of contact information for an individual to assist with housing;
     (iii) The plan for the offender to become connected with a community justice center in the area in which the offender will be residing once released from the correctional system.
     (6) The individual reentry plan is a tool for use while the inmate is incarcerated. The terms of the plan are not intended to be conditions of release that are to be monitored by the community corrections officers once the inmate is released and is in the community. The plan for the inmate upon release and reentry into the community is intended to assist the inmate in a successful transition by creating a detailed plan to guide the inmate and connect the inmate to resources available within the community.
     (7) Nothing in this act creates a vested right in programming, education, or other services.
     (8) An individual reentry plan and offender assessment may not be used as evidence of, and may not provide the basis for, liability against the department, the state of Washington, or its employees.

NEW SECTION.  Sec. 4   (1) The department of corrections shall continue to establish community justice centers within the state for the purpose of providing assistance to inmates who are reentering the community.
     (a) A minimum of six community justice centers shall be operational by December 1, 2009. The six community justice centers include those in operation at the time of the effective date of this act. The community justice centers shall be located in the six counties where the largest offender population resides who were released from department of corrections custody. At least two centers shall be located in eastern Washington.
     (b) By December 1, 2011, the department of corrections shall establish a minimum of three additional community justice centers within the state. Community justice centers must comply with all applicable zoning laws and regulations.
     (c) Before siting or opening the community justice centers, the department of corrections shall notify the city, if applicable, and the county within which the community justice center is proposed. Such notice shall occur at least sixty days prior to selecting a specific location to provide the services listed in this section. The department of corrections shall give due consideration to all comments received in response to the notice of site selection.
     (d) Nothing in this section exempts the department of corrections from complying with all applicable zoning requirements for these facilities.
     (2) In addition to any other programs or services offered, the community justice centers shall designate a community transition coordinator who shall act to facilitate connections between the former inmate and the community. The community transition coordinator shall provide information to former inmates regarding services available to them in the community regardless of the length of time since the offender's release from the correctional facility. The community transition coordinator shall, at a minimum, be responsible for the following:
     (a) Gathering information regarding services currently existing within the community that are available to offenders including, but not limited to, programs offered through the department of social and health services, the department of health, the department of licensing, housing authorities, local, community, and technical colleges, and nonprofit entities. The information shall relate to services including but not limited to housing, employment, education, vocational training, parent education, financial literacy treatment for substance abuse, mental health, anger management, and any other service or program that will assist the former inmate to successfully transition into the community;
     (b) Coordinate access to the existing services with the community providers and provide offenders with information regarding how to access the various type of services and resources that are identified in (a) of this subsection;
     (c) Refer offenders to division of alcohol and substance abuse treatment certified chemical dependency providers and mental health division approved mental health providers to receive an evaluation and services, if appropriate;
     (d) Information or referrals provided to an offender from a community transition coordinator do not create an entitlement to services. Services will be provided based on eligibility and availability.
     (3) The department of corrections may enter into contracts to provide educational programming to offenders.

Sec. 5   RCW 72.09.460 and 2004 c 167 s 5 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) or (6) 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)) the offender's individual reentry plan under section 2 of this act, including parenting education or other programs designed to facilitate reunification with the inmate's children and family; and
     (c) Other work and education programs as appropriate.
     (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. 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 with temporary disabilities 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.)) In addition to the policies set forth in this section, the department shall consider the following factors in establishing criteria for placing inmates in education and work programs.
     (a) An inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date((, except that inmates with a release date of more than one hundred twenty months in the future shall not comprise more than ten percent of inmates participating in a new class I correctional industry not in existence on June 10, 2004));
     (((ii))) (b) An inmate's education history and basic academic skills;
     (((iii))) (c) An inmate's work history and vocational or work skills;
     (((iv))) (d) An inmate's physical ability to participate in the program;
     (e) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and
     (((v))) (f) Where applicable, an inmate's prior performance in department-approved education or work programs((;)).
     (((c) Performance and goals.)) (i) 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))) (ii) Except as provided in (f)(iii) of this subsection, so long as the educational or vocational program meets the offender's needs as identified in the offender's individual reentry plan, the department shall pay for educational programs, vocational training, and associate degree programs, including but not limited to books, materials, supplies, and postage costs related to correspondence courses, to the extent possible.
     (iii) The department shall establish ((a formula by which inmates, based on their ability to pay, shall)) policies requiring an offender to pay all or a portion of the costs ((or)) and tuition ((of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of)) for participation in:
     (A) ((Second and subsequent vocational programs associated with an inmate's work programs; and
     (B) An associate of arts or)) A 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))) (B) Any postsecondary academic degree program ((which is entered independently of a placement decision made under this subsection)) if the program is not included in the offender's individual reentry plan; 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))) (C) Any educational program or vocational training if the offender has previously abandoned course work related to education or vocational training without a satisfactory explanation, and which is not required under the offender's individual reentry plan.
     (6) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release, or offenders who are found by the United States attorney general to be subject to a deportation detainer or order or becomes subject to a deportation order:
     (((i))) (a) Shall not be required to participate in education programming; ((and
     (ii))) (b) 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)), unless the offender pays all costs and tuition associated with the program; and
     (c) May participate in 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.))
     (7) 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.))

NEW SECTION.  Sec. 6   (1) The department of corrections and the state board for community and technical colleges shall investigate and review methods to optimize educational and vocational programming opportunities to meet the needs of each offender as identified in his or her individual reentry plan both while an offender is incarcerated and postrelease. Faculty in both incarceration and postincarceration educational programs shall be included in the review process and should be allowed job release time to participate in the review.
     (2) In conducting its review, the department and state board shall consider and make recommendations regarding:
     (a) Technological advances which could serve to expand educational programs and vocational training including, but not limited to, distance learning, satellite instruction, videotape usage, computer aided instruction, and flexible scheduling;
     (b) Methods to ensure educational programs and vocational training are relevant to work programs and skills necessary to enhance the employability of offenders upon release;
     (c) Long-term methods for maintaining channels of communication between the department, state board administration, educators, and students; and
     (d) Methods for ensuring that security measures remain intact regarding an offender's use of the internet.
     (3) The department and state board shall report to the governor and the legislature on the investigation and recommendations required in subsections (1) and (2) of this section no later than November 15, 2007.

NEW SECTION.  Sec. 7   On or before October 1, 2007, the department of corrections and the department of licensing shall enter into an agreement establishing expedited procedures to assist offenders in obtaining a driver's license or identification card upon their release from a department of corrections' institution.

NEW SECTION.  Sec. 8   (1) A joint legislative task force on reentry barriers for previously incarcerated individuals is established for the purpose of providing oversight into the implementation of this act and develop recommendations to assist the reentry of inmates into the community. Membership of the task force shall be as provided in this subsection.
     (a) The president of the senate shall appoint one member from each of the two largest caucuses of the senate, with at least one member being a member of the senate human services and corrections committee;
     (b) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives, with at least one member being a member of the house public safety and emergency preparedness committee;
     (c) The governor shall appoint the following members:
     (i) The attorney general or the attorney general's designee;
     (ii) The secretary of the department of corrections or the secretary's designee;
     (iii) The commissioner of the employment security department or the commissioner's designee;
     (iv) The director of the department of licensing or the director's designee;
     (d) In addition, the joint legislative task force, where feasible, may consult with individuals representing the following:
     (i) State agencies that issue occupational licenses;
     (ii) Counties;
     (iii) Cities;
     (iv) Crime victims;
     (v) Faculty members who educate incarcerated offenders;
     (vi) Faculty members who educate released offenders;
     (vii) Community corrections officers;
     (viii) Labor organizations representing correctional officers who work in adult correctional facilities;
     (ix) Local law enforcement;
     (x) County law enforcement;
     (xi) Ex-offenders;
     (xii) Faith-based organizations that provide outreach or services to offenders;
     (xiii) Washington businesses;
     (xiv) Organizations providing legal representation to offenders; and
     (xv) Nonprofit organizations providing workforce training to released offenders.
     (2) The joint legislative task force shall be cochaired by a legislative member from the senate and a legislative member from the house of representatives, as chosen by the task force.
     (3) The joint legislative task force shall review and make recommendations to the legislature regarding:
     (a) The use of the individual reentry plans by the department of corrections;
     (b) Access to educational opportunities for inmates in the custody of the department of corrections and the effectiveness of the department in directing inmates to appropriate educational programs;
     (c) The use of educational programs in the individual reentry plans;
     (d) The creation and utilization of community justice centers as resource centers for persons released from the custody of the department of corrections;
     (e) Changes to occupational licensing laws and policies to encourage employment of individuals with criminal histories while ensuring the safety of the public;
     (f) Federal and state statutory barriers that prevent individuals with criminal histories from obtaining employment in public or government contracting jobs;
     (g) Other barriers that may prevent individuals with criminal histories from obtaining viable employment;
     (h) Other barriers to successful reintegration into the community; and
     (i) Other issues related to the implementation of this act deemed appropriate by the joint legislative task force.
     (4) The joint legislative task force may, where feasible, consult with individuals from the public and private sector in carrying out its duties under this section.
     (5) The joint legislative task force shall develop criteria to recommend to the department of corrections for eligibility of inmates into the program under section 10 of this act.
     (6) The joint legislative task force shall develop criteria to recommend to the department of community, trade, and economic development for eligibility of inmates into the program under section 11 of this act.
     (7)(a) The joint legislative task force shall use legislative facilities, and staff support shall be provided by senate committee services, the house of representatives office of program research, and the Washington state institute for public policy. The department of corrections, department of licensing, and employment security department shall cooperate with the joint legislative task force, and shall provide information as the task force reasonably requests.
     (b) Nonlegislative members of the joint legislative task force shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (c) Legislative members of the joint legislative task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120.
     (d) The expenses of the joint legislative task force shall be paid jointly by the senate and the house of representatives.
     (8) The joint legislative task force shall present a report of its findings and recommendations to the governor and the appropriate committees of the legislature, including any proposed legislation, by November 15, 2008.
     (9) This section expires December 15, 2008.

NEW SECTION.  Sec. 9   A new section is added to chapter 72.04A RCW to read as follows:
     The department shall develop a plan to reduce the supervision caseload of community corrections officers by December 1, 2012. The department shall utilize the workload study conducted by the department to develop the plan. Prior to 2012, the department shall hire additional community corrections officers to the extent funding is provided in the operating budget.

NEW SECTION.  Sec. 10   A new section is added to chapter 72.09 RCW to read as follows:
     (1) The department of corrections shall enter into agreements to provide short-term housing assistance to offenders who are reentering the community and are in need of temporary housing.
     (2) The department may develop further criteria in rule to determine who will qualify for housing assistance and shall utilize the recommendations provided by the joint legislative task force under section 8 of this act in the development of the criteria.
     (3) Housing assistance shall not be provided in excess of one hundred twenty days for each offender.
     (4) The state, the department, and its employees are not liable for civil damages arising from the conduct of an offender due to the placement of an offender in short-term housing or the provision of housing assistance.

NEW SECTION.  Sec. 11   A new section is added to chapter 43.63A RCW to read as follows:
     (1)(a) The department of community, trade, and economic development may enter into agreements to provide transitional housing assistance to offenders who are reentering the community and are in need of transitional housing, including offenders who have utilized the temporary housing through the department of corrections under section 10 of this act.
     (b) The department of community, trade, and economic development shall give preference for the housing contracts to those programs that provide an educational component in their housing, particularly education relating to developing independent living skills.
     (2) The department may develop criteria in rule to determine who will qualify for housing assistance and shall utilize the recommendations provided by the joint legislative task force under section 8 of this act in the development of the criteria.
     (3) The state, the department, and its employees are not liable for civil damages arising from the conduct of an offender due to the placement of an offender in short-term housing or the provision of housing assistance.

NEW SECTION.  Sec. 12   The sum of two million dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2008, and the sum of two million dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2009, to the department of social and health services for the purposes of providing chemical dependency and mental health services to offenders who are reentering the community after having been incarcerated in a department of corrections facility and who are not otherwise eligible for chemical dependency or mental health services under existing eligibility criteria related to those services. Offenders may access the services after having been referred by a community transition coordinator under section 3 of this act to a division of alcohol and substance abuse certified chemical dependency treatment provider or a regional support network. The funds provided in this appropriation shall supplement, and not supplant, existing local, state, or federal funding.

NEW SECTION.  Sec. 13   The sum of one million dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2008, and the sum of one million dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2009, to the department of corrections for the purposes of hiring additional community corrections officers to supervise offenders who are reentering the community after having been incarcerated in a department of corrections facility.

NEW SECTION.  Sec. 14   The sum of three million eight hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2008, and the sum of three million eight hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2009, to the department of corrections for the purposes of section 10 of this act.

NEW SECTION.  Sec. 15   The sum of three million eight hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2008, and the sum of three million eight hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending June 30, 2009, to the department of community, trade, and economic development for the purposes of section 11 of this act.

NEW SECTION.  Sec. 16   Sections 1 through 3 and 8 of this act constitute a new chapter in Title 72 RCW.