BILL REQ. #: S-0340.3
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/10/2007. Referred to Committee on Human Services & Corrections.
AN ACT Relating to reentry of offenders into the community; amending RCW 9.94A.728, 9.94A.737, and 72.09.460; adding new sections to chapter 72.09 RCW; adding new sections to chapter 43.43 RCW; adding a new section to chapter 59.18 RCW; adding a new section to chapter 35.82 RCW; adding a new chapter to Title 72 RCW; creating new sections; making appropriations; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The people of the state of Washington expect
to live in safe communities in which the threat of crime is minimized.
Attempting to keep communities safe by building more prisons and paying
the costs of incarceration has proven to be expensive to taxpayers.
The vast majority of offenders will return to their communities. Many
of these former offenders will not have had the opportunity to address
the deficiencies that may have contributed to their criminal behavior.
Persons who do not have basic literacy and job skills, or who are ill-equipped to make the behavioral changes necessary to successfully
function in the community, have a high risk of reoffense. Recidivism
represents serious costs to victims, both financial and nonmonetary in
nature, and also burdens state and local governments with those
offenders who recycle through the criminal justice system.
The legislature believes this cycle can be reversed and a
substantial cost savings can be realized by utilizing evidence-based
programs to address offender deficits, developing and maintaining an
individualized reentry plan for every offender, and better coordinating
the reentry efforts of state and local governments and local
communities. Research shows that if quality assurances are adhered to,
implementing an optimal portfolio of evidence-based programming options
for offenders can have a notable impact on recidivism. Further, the
resulting cost savings should be sufficient to sustain state and local
reentry efforts for the long term.
The purpose of this act is to improve public safety by better
preparing offenders while incarcerated, and continuing those efforts
for those recently released from prison or jail, for successful,
productive, and healthy transitions to their communities. Educational,
employment, and treatment opportunities should be designed to address
individual deficits and give offenders the tools necessary to function
in society. In order to foster this successful reintegration, this act
recognizes the importance of a strong partnership between the
department of corrections, local governments, law enforcement, social
service providers, and interested members of communities across our
state.
NEW SECTION. Sec. 101 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) A "community transition coordination network" is a system of
coordination that facilitates partnerships between supervision and
service providers on both the state and local levels. It is
anticipated that an offender who is released to the community will be
able to utilize a community transition coordination network to be
connected directly to the supervision and services needed for
successful reentry.
(2) A "community transition team" means a team of individuals
designated to assist the supervising authority in coordinating an
offender's reentry. Individuals may include, but are not limited to,
the offender's family, faith-based support, a mentor, case management
support, housing providers, local law enforcement, and
neighborhood/community support.
(3) An "individual reentry plan" is a collaborative product
involving the offender, supervising authorities, treatment providers,
and neighborhood and community organizations. The individual reentry
plan utilizes information about offenders' risks and needs identified
in a comprehensive assessment to describe actions that must occur to
prepare individual offenders for release from prison or jail, define
terms and conditions of their release to communities, specify the
supervision and services they will experience in the community, and
describe an offender's eventual discharge to aftercare upon successful
completion of supervision. An individual reentry plan may be different
depending on whether it is created by the state or local supervising
authority and may change throughout the period of an offender's
incarceration and supervision.
(4) "Local community policing and supervision programs" include
community corrections, work release, jails, and other programs operated
by local police, courts, or correctional agencies.
(5) "State community corrections supervision programs" include
community corrections, work release, partial confinement, and other
programs run by the department of corrections or the department of
social and health services.
(6) "Supervising authority" means the agency or entity that has the
legal responsibility for supervising an offender.
NEW SECTION. Sec. 102 (1) Each county or group of counties shall
conduct an assessment of the services and resources available in the
county or region to assist offenders in reentering the community.
(2) In conducting its assessment, the county or group of counties
must make efforts to invite participation from the following:
(a) The department of corrections;
(b) The department of social and health services in the following
program areas: Medical care, mental health, and alcohol and substance
abuse;
(c) The public health department or health district;
(d) City and county law enforcement;
(e) Community corrections officers;
(f) Faith-based and nonprofit organizations providing assistance to
offenders;
(g) Housing providers; and
(h) Other community stakeholders interested in reentry efforts.
(3) The assessment must include, but is not limited to:
(a) An inventory of services such as training and employment
programs, transportation, translation services, specialized veterans'
programs, housing, life-skills training, substance abuse and mental
health treatment, mentoring, and other prosocial activities;
(b) An indication of the availability of representatives to act as
a community transition team for returning offenders; and
(c) An assessment of the county's or group of counties' readiness
to implement a community transition coordination network.
(4) No later than December 1, 2007, each county or group of
counties shall present its assessment and inventory to the secretary of
the department of corrections and the technical advisory committee
convened in section 103(8) of this act.
NEW SECTION. Sec. 103 (1) The department of community, trade and
economic development shall establish a community transition
coordination network program for the purpose of awarding grants to
counties or groups of counties for implementing coordinated reentry
efforts for offenders returning to the community from prison or jail.
Grant awards are subject to the availability of amounts appropriated
for this specific purpose.
(2) Effective October 1, 2007, any county or group of counties, may
apply for participation in the community transition coordination
network program by submitting a plan for a community transition
coordination network.
(3) A plan for a community transition coordination network
initiated under this section must be collaborative in nature and must
seek creative and locally appropriate solutions based on voluntary
participation of public and private entities or programs to support
successful, community-based offender reentry.
(4) A county or group of counties seeking to develop a community
transition coordination network must make efforts to invite
participation from the following:
(a) The department of social and health services in the following
program areas: Medical care, mental health, and alcohol and substance
abuse;
(b) The public health department or health district;
(c) City and county law enforcement;
(d) Community corrections officers;
(e) Faith-based and nonprofit organizations providing assistance to
offenders;
(f) Housing providers; and
(g) Other community stakeholders interested in reentry efforts.
(5) A plan for a community transition coordination network must be
established in coordination with the department of corrections and the
department of corrections must approve the plan prior to submittal by
the county or group of counties. To the extent feasible, the
department of corrections shall cooperate with any county or group of
counties in establishing a community transition coordination network.
(6) The department of community, trade, and economic development
shall review county applications for funding through the community
transition coordination network program and shall select the counties
that will be awarded grants with funds appropriated to implement this
program, provided that the department shall make every effort to
include at least one rural county or group of counties. A plan for a
community transition coordination network must include detailed
descriptions of collaboration and coordination between state community
corrections supervision programs and local community policing and
supervision programs including the following components:
(a) Methods for connecting offenders to supervision and services in
a timely manner;
(b) Development of an assessment process to identify the risk and
needs of offenders, which may incorporate the use of the department of
corrections' assessment tools or other assessment strategies;
(c) Development and/or maintenance of an individual reentry plan
for every offender;
(d) Delivery of services and evidence-based programming to
offenders that meet an offender's needs as identified in his or her
individual reentry plan;
(e) Identification of a transition team or teams to assist the
supervising authority in coordinating an offender's reentry;
(f) Resources that, in both supervision and treatment, support
graduated transition from a custody setting to full community release;
(g) A description of state funds that will be needed to implement
the community transition coordination network.
(7) Counties that participate in a community transition
coordination network shall have its reasonable costs of coordinating
local reentry efforts paid for with moneys from the community
transition coordination network account established pursuant to section
106 of this act. Counties receiving state funds must:
(a) Demonstrate the funds allocated pursuant to this section will
be used only for those purposes in establishing and maintaining a
community transition coordination network;
(b) Consult with the Washington state institute for public policy
to conduct an annual evaluation of the program including the benefit-cost ratio of service delivery through a community transition
coordination network and any associated reductions in recidivism. The
Washington state institute for public policy shall provide direction to
counties in tracking and evaluating its programs so as to facilitate
identification of evidence-based approaches.
(8) The department of community, trade, and economic development
shall convene a technical advisory committee comprised of
representatives from the senate, the house of representatives, the
governor's office of financial management, the department of
corrections, the Washington association of counties, associated
Washington cities, a nonprofit provider of reentry services and an
ex-offender to assist in implementation of this act. The advisory
committee shall meet no less than annually to monitor implementation of
community transition coordination networks, review evaluations
submitted pursuant to subsection (7) of this section and identify
evidence-based practices and programs for other counties seeking to
establish community transition coordination networks.
(9) This section expires July 1, 2012.
NEW SECTION. Sec. 104 (1) Agencies, entities, or individuals
acting in coordination with the supervising authority to provide
transition services are not liable for civil damages resulting from any
act or omission in the rendering of supervision activities.
(2) An individual reentry plan may not be used as evidence of
liability against the state of Washington, counties, or cities, or any
state, county, or city employees.
NEW SECTION. Sec. 105 Nothing in this act is intended to shift
the supervising responsibility or sanctioning authority from one
government entity to another or give a community transition
coordination network oversight responsibility for those activities.
NEW SECTION. Sec. 106 (1) The community transition coordination
network account is created in the state treasury. All receipts from
appropriations, gifts, and grants shall be deposited into the account.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the purposes of
section 103 of this act.
(2) This section expires July 1, 2012.
NEW SECTION. Sec. 107 Nothing in this act creates an entitlement
for a county or group of counties to receive funding under the program
created in section 103 of this act.
NEW SECTION. Sec. 108 Sections 101 through 107 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 201 A new section is added to chapter 72.09
RCW to read as follows:
(1) The department shall develop an individual reentry plan as
defined in section 101 of this act for every offender who is committed
to a correctional facility operated by the department except:
(a) Offenders who are sentenced to life without the possibility of
release; and
(b) Offenders who are subject to the provisions of 8 U.S.C. 1227.
(2) In developing 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 level for each offender.
(3) The initial assessment shall be conducted, whenever possible,
within the first thirty days after entry into the correctional system
and shall be periodically reviewed and updated as appropriate.
(4) Nothing in this act creates a vested right in programming,
education, or other services.
(5) An individual reentry plan may not be used as evidence of
liability against the department, the state of Washington, or its
employees.
NEW SECTION. Sec. 301 (1) The legislature intends that
Washington's work release centers be transformed into community reentry
centers with the capacity to provide offenders with the full range of
reentry services. The Washington state institute for public policy
shall conduct a comprehensive analysis and evaluation of community
reentry centers and work release facilities to identify evidence-based
practices or programs for the state of Washington. The research should
include an examination of reentry and work release practices in both
urban and rural areas and both inside and outside of the state of
Washington. The institute should identify what services or combination
of services may be provided within the context of community reentry
centers and the length of time services should be provided to optimize
the successful transition of an offender back into society.
(2) The department of corrections shall review its policies to
ensure that:
(a) Work release facilities are combined with other reentry
services that conform to evidence-based practices as identified by the
institute and which operate to serve as community reentry centers;
(b) Community reentry centers lead to meaningful employment for
offenders participating in the program;
(c) A plan is identified to ensure that community reentry centers
are available throughout the state;
(d) Community reentry centers are of a size consistent with
evidence-based practices and appropriate to the community in which they
are located;
(e) Communities are given meaningful avenues for ongoing
consultation with community reentry centers in their area; and
(f) Eligibility time to participate in partial confinement options
such as community reentry centers are increased in order to make it a
more meaningful experience for offenders.
(3)(a) The institute shall report its results and recommendations
to the governor and the legislature no later than November 1, 2007.
(b) The department of corrections shall report its results and
recommendations to the governor and the legislature no later than July
1, 2008.
Sec. 302 RCW 9.94A.728 and 2004 c 176 s 6 are each amended to
read as follows:
No person serving a sentence imposed pursuant to this chapter and
committed to the custody of the department shall leave the confines of
the correctional facility or be released prior to the expiration of the
sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this
section, the term of the sentence of an offender committed to a
correctional facility operated by the department may be reduced by
earned release time in accordance with procedures that shall be
developed and promulgated by the correctional agency having
jurisdiction in which the offender is confined. The earned release
time shall be for good behavior and good performance, as determined by
the correctional agency having jurisdiction. The correctional agency
shall not credit the offender with earned release credits in advance of
the offender actually earning the credits. Any program established
pursuant to this section shall allow an offender to earn early release
credits for presentence incarceration. If an offender is transferred
from a county jail to the department, the administrator of a county
jail facility shall certify to the department the amount of time spent
in custody at the facility and the amount of earned release time. An
offender who has been convicted of a felony committed after July 23,
1995, that involves any applicable deadly weapon enhancements under RCW
9.94A.533 (3) or (4), or both, shall not receive any good time credits
or earned release time for that portion of his or her sentence that
results from any deadly weapon enhancements.
(a) In the case of an offender convicted of a serious violent
offense, or a sex offense that is a class A felony, committed on or
after July 1, 1990, and before July 1, 2003, the aggregate earned
release time may not exceed fifteen percent of the sentence. In the
case of an offender convicted of a serious violent offense, or a sex
offense that is a class A felony, committed on or after July 1, 2003,
the aggregate earned release time may not exceed ten percent of the
sentence.
(b)(i) In the case of an offender who qualifies under (b)(ii) of
this subsection, the aggregate earned release time may not exceed fifty
percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if he or
she:
(A) Is classified in one of the two lowest risk categories under
(b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
((and))
(C) Has no prior conviction for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
and
(D) Actively participates in programming or activities as directed
by the offender's individual reentry plan as provided under section 201
of this act to the extent that such programming or activities are made
available by the department.
(iii) For purposes of determining an offender's eligibility under
this subsection (1)(b), the department shall perform a risk assessment
of every offender committed to a correctional facility operated by the
department who has no current or prior conviction for a sex offense, a
violent offense, a crime against persons as defined in RCW 9.94A.411,
a felony that is domestic violence as defined in RCW 10.99.020, a
violation of RCW 9A.52.025 (residential burglary), a violation of, or
an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by
manufacture or delivery or possession with intent to deliver
methamphetamine, or a violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor). The department must classify each assessed
offender in one of four risk categories between highest and lowest
risk.
(iv) The department shall recalculate the earned release time and
reschedule the expected release dates for each qualified offender under
this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible
offenders serving terms of total confinement in a state correctional
facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders convicted
after July 1, 2010.
(c) In no other case shall the aggregate earned release time exceed
one-third of the total sentence;
(2)(a) A person convicted of a sex offense or an offense
categorized as a serious violent offense, assault in the second degree,
vehicular homicide, vehicular assault, assault of a child in the second
degree, any crime against persons where it is determined in accordance
with RCW 9.94A.602 that the offender or an accomplice was armed with a
deadly weapon at the time of commission, or any felony offense under
chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become
eligible, in accordance with a program developed by the department, for
transfer to community custody status in lieu of earned release time
pursuant to subsection (1) of this section;
(b) A person convicted of a sex offense, a violent offense, any
crime against persons under RCW 9.94A.411(2), or a felony offense under
chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may
become eligible, in accordance with a program developed by the
department, for transfer to community custody status in lieu of earned
release time pursuant to subsection (1) of this section;
(c) The department shall, as a part of its program for release to
the community in lieu of earned release, require the offender to
propose a release plan that includes an approved residence and living
arrangement. All offenders with community placement or community
custody terms eligible for release to community custody status in lieu
of earned release shall provide an approved residence and living
arrangement prior to release to the community;
(d) The department may deny transfer to community custody status in
lieu of earned release time pursuant to subsection (1) of this section
if the department determines an offender's release plan, including
proposed residence location and living arrangements, may violate the
conditions of the sentence or conditions of supervision, place the
offender at risk to violate the conditions of the sentence, place the
offender at risk to reoffend, or present a risk to victim safety or
community safety. The department's authority under this section is
independent of any court-ordered condition of sentence or statutory
provision regarding conditions for community custody or community
placement;
(e) An offender serving a term of confinement imposed under RCW
9.94A.670(4)(a) is not eligible for earned release credits under this
section;
(3) An offender may leave a correctional facility pursuant to an
authorized furlough or leave of absence. In addition, offenders may
leave a correctional facility when in the custody of a corrections
officer or officers;
(4)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions exist:
(i) The offender has a medical condition that is serious enough to
require costly care or treatment;
(ii) The offender poses a low risk to the community because he or
she is physically incapacitated due to age or the medical condition;
and
(iii) Granting the extraordinary medical placement will result in
a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without
the possibility of release or parole is not eligible for an
extraordinary medical placement.
(c) The secretary shall require electronic monitoring for all
offenders in extraordinary medical placement unless the electronic
monitoring equipment interferes with the function of the offender's
medical equipment or results in the loss of funding for the offender's
medical care. The secretary shall specify who shall provide the
monitoring services and the terms under which the monitoring shall be
performed.
(d) The secretary may revoke an extraordinary medical placement
under this subsection at any time;
(5) The governor, upon recommendation from the clemency and pardons
board, may grant an extraordinary release for reasons of serious health
problems, senility, advanced age, extraordinary meritorious acts, or
other extraordinary circumstances;
(6) No more than the final ((six)) twelve months or one-half of the
sentence, whichever is less, may be served in partial confinement
designed to aid the offender in finding work and reestablishing himself
or herself in the community;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement any
time within ten days before a release date calculated under this
section; and
(9) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been reduced as
provided in RCW 9.94A.870.
Notwithstanding any other provisions of this section, an offender
sentenced for a felony crime listed in RCW 9.94A.540 as subject to a
mandatory minimum sentence of total confinement shall not be released
from total confinement before the completion of the listed mandatory
minimum sentence for that felony crime of conviction unless allowed
under RCW 9.94A.540, however persistent offenders are not eligible for
extraordinary medical placement.
Sec. 303 RCW 9.94A.737 and 2005 c 435 s 3 are each amended to
read as follows:
(1) If an offender violates any condition or requirement of
community custody, the department may transfer the offender to a more
restrictive confinement status to serve up to the remaining portion of
the sentence, less credit for any period actually spent in community
custody or in detention awaiting disposition of an alleged violation
and subject to the limitations of subsection (2) of this section.
(2)(a) For a sex offender sentenced to a term of community custody
under RCW 9.94A.670 who violates any condition of community custody,
the department may impose a sanction of up to sixty days' confinement
in a local correctional facility for each violation. If the department
imposes a sanction, the department shall submit within seventy-two
hours a report to the court and the prosecuting attorney outlining the
violation or violations and the sanctions imposed.
(b) For a sex offender sentenced to a term of community custody
under RCW 9.94A.710 who violates any condition of community custody
after having completed his or her maximum term of total confinement,
including time served on community custody in lieu of earned release,
the department may impose a sanction of up to sixty days in a local
correctional facility for each violation.
(c) For an offender sentenced to a term of community custody under
RCW 9.94A.505(2)(b), 9.94A.650, or 9.94A.715, or under RCW 9.94A.545,
for a crime committed on or after July 1, 2000, who violates any
condition of community custody after having completed his or her
maximum term of total confinement, including time served on community
custody in lieu of earned release, the department may impose a sanction
of up to sixty days in total confinement for each violation. The
department may impose sanctions such as work release, home detention
with electronic monitoring, work crew, community restitution, inpatient
treatment, daily reporting, curfew, educational or counseling sessions,
supervision enhanced through electronic monitoring, or any other
sanctions available in the community.
(d) For an offender sentenced to a term of community placement
under RCW 9.94A.705 who violates any condition of community placement
after having completed his or her maximum term of total confinement,
including time served on community custody in lieu of earned release,
the department may impose a sanction of up to sixty days in total
confinement for each violation. The department may impose sanctions
such as work release, home detention with electronic monitoring, work
crew, community restitution, inpatient treatment, daily reporting,
curfew, educational or counseling sessions, supervision enhanced
through electronic monitoring, or any other sanctions available in the
community.
(3) If an offender is accused of violating any condition or
requirement of community custody, he or she is entitled to a hearing
before the department prior to the imposition of sanctions. The
hearing shall be considered as offender disciplinary proceedings and
shall not be subject to chapter 34.05 RCW. The department shall
develop hearing procedures and a structure of graduated sanctions.
(4) The hearing procedures required under subsection (3) of this
section shall be developed by rule and include the following:
(a) Hearing officers shall report through a chain of command
separate from that of community corrections officers;
(b) The department shall provide the offender with written notice
of the violation, the evidence relied upon, and the reasons the
particular sanction was imposed. The notice shall include a statement
of the rights specified in this subsection, and the offender's right to
file a personal restraint petition under court rules after the final
decision of the department;
(c) The hearing shall be held unless waived by the offender, and
shall be electronically recorded. For offenders not in total
confinement, the hearing shall be held within fifteen working days, but
not less than twenty-four hours, after notice of the violation. For
offenders in total confinement, the hearing shall be held within five
working days, but not less than twenty-four hours, after notice of the
violation;
(d) The offender shall have the right to: (i) Be present at the
hearing; (ii) have the assistance of a person qualified to assist the
offender in the hearing, appointed by the hearing officer if the
offender has a language or communications barrier; (iii) testify or
remain silent; (iv) call witnesses and present documentary evidence;
and (v) question witnesses who appear and testify; and
(e) The sanction shall take effect if affirmed by the hearing
officer. Within seven days after the hearing officer's decision, the
offender may appeal the decision to a panel of three reviewing officers
designated by the secretary or by the secretary's designee. The
sanction shall be reversed or modified if a majority of the panel finds
that the sanction was not reasonably related to any of the following:
(i) The crime of conviction; (ii) the violation committed; (iii) the
offender's risk of reoffending; or (iv) the safety of the community.
(5) For purposes of this section, no finding of a violation of
conditions may be based on unconfirmed or unconfirmable allegations.
(6)(a) Notwithstanding the provisions of this section, if an
offender commits more than one violation of any crime-related
prohibition as defined in RCW 9.94A.030 or targeted risk condition as
designated by the department, the department shall:
(i) Upon the second violation, apply sanctions in accordance with
RCW 9.94A.634 and submit a report to the court and the prosecuting
attorney as provided in that section; and
(ii) Upon the third violation:
(A) If the offender has not completed the maximum term of total
confinement, immediately transfer the offender to total confinement
status for completion of the remainder of his or her sentence and
notify the offender of his or her right to a hearing before the court;
(B) If the offender has completed the maximum term of total
confinement, the department shall refer the violation to the court.
(b) Any violation hearing conducted pursuant to this subsection
shall be conducted in the same manner as provided in RCW 9.94A.634.
Jurisdiction shall be with the court of the county in which the
offender was sentenced. However, the court may order a change of venue
to the offender's county of residence or where the violation occurred,
for the purpose of holding a violation hearing.
(7) The department shall work with the Washington association of
sheriffs and police chiefs to establish and operate an electronic
monitoring program for low-risk offenders who violate the terms of
their community custody. Between January 1, 2006, and December 31,
2006, the department shall endeavor to place at least one hundred low-risk community custody violators on the electronic monitoring program
per day if there are at least that many low-risk offenders who qualify
for the electronic monitoring program.
(((7))) (8) Local governments, their subdivisions and employees,
the department and its employees, and the Washington association of
sheriffs and police chiefs and its employees shall be immune from civil
liability for damages arising from incidents involving low-risk
offenders who are placed on electronic monitoring unless it is shown
that an employee acted with gross negligence or bad faith.
NEW SECTION. Sec. 304 (1) By July 1, 2007, the secretary of the
department of corrections, or the secretary's designee, shall within
existing resources, convene and chair a work group to review current
laws and policy regarding the supervision of offenders through the
department of corrections.
(2) In addition to the secretary of the department of corrections,
the following shall be members of the work group: The attorney
general, the executive director of the sentencing guidelines
commission, a representative appointed by the governor, no less than
two community corrections officers, a representative of the Washington
association of prosecuting attorneys, a superior court judge, two
members selected by the Washington association of sheriffs and police
chiefs, a representative of the labor organization representing
correctional officers who work in adult correctional facilities, a
representative from the Washington state association of counties, a
representative from the association of Washington cities, and three
members, selected by the secretary of the department of corrections
from a list submitted by public and private sector organizations that
provide assistance to offenders reentering the community. The attorney
general and the secretaries or directors may designate a person to
serve in their place. Members of the work group shall serve without
compensation.
(3) In conducting its review, the work group must analyze and make
recommendations regarding:
(a) Changes to sentencing laws and policies in order to simplify
supervision requirements and allow community corrections officers to
more easily identify statutory requirements associated with an
offender's sentence;
(b) Lifting the threat of tort action against community corrections
officers individually;
(c) The appropriate agency or entity to conduct supervision
violation hearings;
(d) Amendments to the supervision violation hearing process to
improve the ability to respond appropriately to an offender's behavior
by imposing more severe sanctions, return the process to the court, or
some other solution to address the difficulty in creating effective
sanctions for offender behavior;
(e) Workloads for community corrections officers and other staff
associated with supervision activities to recommend staff reassignments
and/or additional FTEs needed to maintain adequate supervision;
(f) Roles and responsibilities of supervisory staff to ensure
adequate supervision and quality assurance standards for community
corrections staff;
(g) Coordination and communication between local law enforcement
and community corrections officers;
(h) Mechanisms to provide better access to information by community
corrections officers about the offenders they are supervising including
statutory changes to confidentiality provisions and utilization of
automation and technology.
(4) The department of corrections 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, 2007.
(5) This section expires December 15, 2007.
Sec. 401 RCW 72.09.460 and 2004 c 167 s 5 are each amended to
read as follows:
(1) Except as provided in subsection (6) of this section, 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)) an offender's
individual reentry plan under section 201 of this act; 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)) 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) ((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. 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) 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.)) (b) 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))) (c) Except as provided in
(d) of this subsection, so long as the educational or vocational
program is designed to provide an offender with basic academic skills
or meet the recommendations of an offender's individual reentry plan,
to the extent possible, the department shall pay for educational
programs and vocational trainings, including but not limited to books,
materials, supplies, and postage costs related to correspondence
courses; and
(d) 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)) (i) An associate of arts or baccalaureate degree program
((
(B)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)
(ii) 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.)) (iii) Any educational program or vocational training if the
offender has previously abandoned coursework related to education or
vocational training without a satisfactory explanation.
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)
(6) Notwithstanding any other provision in this section, an inmate
sentenced to life without the possibility of release or subject to the
provisions of 8 U.S.C. 1227:
(((i))) (a) Shall not be required to participate in education
programming; ((and)) (b) May receive not more than one postsecondary academic
degree in a program offered by the department or its contracted
providers((
(ii).)); and
If an inmate sentenced to life without the possibility of release
requires
(c) May participate in prevocational or vocational training ((for))
that may be necessary to participate in 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.
NEW SECTION. Sec. 402 (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.
(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; and
(c) Long-term methods for maintaining channels of communication
between the department, state board administration, educators, and
students.
(3) The department and state board shall report to the governor and
the legislature no later than November 15, 2007.
NEW SECTION. Sec. 403 (1) The Washington state institute for
public policy shall conduct a comprehensive analysis and evaluation of
evidence-based correctional education programs and the extent to which
Washington's programs are in accord with these practices.
(2) The institute shall report to the governor and the legislature
no later than November 1, 2007.
NEW SECTION. Sec. 501 A new section is added to chapter 43.43
RCW to read as follows:
(1) In a civil action for the death of, or injury or damage to, a
third person caused by the intentional tort of an employee, such
employee's employer is presumed not to have been negligent in hiring
such employee if, before hiring the employee, the employer conducted a
background investigation of the prospective employee and the
investigation did not reveal any information that reasonably
demonstrated the unsuitability of the prospective employee for the
particular work to be performed or for the employment in general.
(2) The election by an employer not to conduct a background
investigation pursuant to this section does not raise any presumption
that the employer failed to use reasonable care in hiring an employee.
(3) A background investigation under this section must include:
(a) Requesting and obtaining a check of the criminal history record
information for the prospective employee from the Washington state
patrol pursuant to chapter 10.97 RCW;
(b) Making a reasonable effort to contact references and former
employers of the prospective employee concerning the suitability of the
prospective employee for employment;
(c) Requiring the prospective employee to complete a job
application form that includes questions, within the limits established
in rule by the human rights commission, concerning whether he or she
has been convicted of a crime, including details concerning the type of
crime, the date of conviction, and the penalty imposed;
(d) Obtaining, with written authorization from the prospective
employee, a check of the driver's license record of the prospective
employee if such a check is relevant to the work the employee will be
performing and if the record can reasonably be obtained; and
(e) Interviewing the prospective employee.
(4) If criminal history record information is returned for a
potential employee, in determining whether the information reasonably
demonstrates the suitability or unsuitability of the prospective
employee for the particular work to be performed or for the employment
in general, the employer shall consider:
(a) The specific duties and responsibilities necessarily related to
the employment sought;
(b) The bearing, if any, the criminal offense or offenses for which
the person was previously convicted will have on his fitness or ability
to perform one or more such duties or responsibilities;
(c) The time which has elapsed since the occurrence of the criminal
offense or offenses;
(d) The age of the person at the time of occurrence of the criminal
offense or offenses;
(e) The seriousness of the offense or offenses;
(f) Any information produced by the person, or produced on his or
her behalf, in regard to his or her rehabilitation and good conduct;
(g) The legitimate interest of the public agency or private
employer in protecting property, and the safety and welfare of specific
individuals or the general public.
NEW SECTION. Sec. 502 A new section is added to chapter 43.43
RCW to read as follows:
(1) A business or organization shall not make a background check
inquiry to a private data broker about an applicant unless the business
or organization has notified the applicant or tenant that an inquiry
may be made.
(2) The business or organization shall notify the applicant of the
background check response within ten days after receipt by the business
or organization. The business or organization shall provide a copy of
the response to the applicant and shall notify the applicant of such
availability.
(3) Further dissemination or use of the record is prohibited.
(4) A business or organization violating this subsection is subject
to a civil action for damages.
(5) For purposes of this section:
(a) "Private data broker" means a business entity which for
monetary fees, dues, or on a cooperative nonprofit basis, regularly
engages, in whole or in part, in the practice of collecting,
transmitting, or otherwise providing personally identifiable
information on individuals who are not the customers or employees of
the business entity or affiliate.
(b) "Applicant" means a prospective employee, volunteer, or tenant
for rental accommodations.
NEW SECTION. Sec. 503 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. 504 (1) A joint legislative task force on
reentry employment barriers for previously incarcerated individuals is
established, with members 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) City local law enforcement;
(x) County law enforcement;
(xi) Ex-offenders;
(xii) Faith-based organizations that provide outreach or services
to offenders;
(xiii) Washington businesses; and
(xiv) 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 regarding:
(a) Changes to occupational licensing laws and policies to
encourage employment of individuals with criminal histories while
ensuring the safety of the public;
(b) Federal and state statutory barriers that prevent individuals
with criminal histories from obtaining employment in public or
government contracting jobs;
(c) Other barriers that may prevent individuals with criminal
histories from obtaining viable employment.
(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)(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.
(6) 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, 2007.
(7) This section expires December 15, 2007.
NEW SECTION. Sec. 601 A new section is added to chapter 59.18
RCW to read as follows:
(1) Any person whose life, safety, health, or use of property is
being injured or endangered by a tenant's failure to comply with
statutory duties as provided in RCW 59.12.030(5), 59.18.130 (6), (8),
or (9), or 59.20.140(5) may serve the landlord with a ten-day notice
and demand that the landlord commence an unlawful detainer action
against the tenant. The notice and demand must set forth, in
reasonable detail, facts and circumstances which lead the person to
believe the tenant has violated his or her statutory duties. The
notice and demand shall be served by delivering a copy personally to
the landlord or the landlord's agent. If the person is unable to
personally serve the landlord after exercising due diligence, the
person may deposit the notice and demand in the mail, postage prepaid,
to the landlord's or the landlord's agent's last known address.
(2)(a) Within ten days from the time the notice and demand is
served, the landlord has a duty to take reasonable steps to investigate
the tenant's alleged noncompliance with RCW 59.12.030(5), 59.18.130
(6), (8), or (9), or 59.20.140(5). The landlord must notify the person
who brought the notice and demand that an investigation is occurring.
The landlord has ten days from the time he or she notifies the person
in which to conduct a reasonable investigation.
(b) If, after reasonable investigation, the landlord finds that the
tenant is not in compliance with RCW 59.12.030(5), 59.18.130 (6), (8),
or (9), or 59.20.140(5), the landlord may proceed directly to an
unlawful detainer action or take reasonable steps to ensure the tenant
discontinues the prohibited activity. The landlord shall notify the
person who served the notice and demand of whatever action the landlord
takes.
(c) If, after reasonable investigation, the landlord finds that the
tenant is in compliance with RCW 59.12.030(5), 59.18.130 (6), (8), or
(9), or 59.20.140(5), the landlord shall notify the person who served
the notice and demand of the landlord's findings.
(3) The person who served the notice and demand may petition the
appropriate court to have the tenancy terminated and the tenant removed
from the premises if: (a) The landlord notifies the person that he or
she conducted a reasonable investigation and found that the tenant has
not failed to comply with his or her statutory duties as provided in
RCW 59.12.030(5), 59.18.130 (6), (8), or (9), or 59.20.140(5); or (b)
if the landlord took reasonable steps to require the tenant comply, but
the tenant has failed to comply within a reasonable time.
(4) If the court finds that the tenant was not in compliance with
RCW 59.12.030(5), 59.18.130 (6), (8), or (9), or 59.20.140(5), the
court shall enter an order terminating the tenancy and requiring the
tenant to vacate the premises.
(5) The prevailing party shall recover reasonable attorneys' fees
and costs. However, the court must order the landlord to pay costs and
reasonable attorneys' fees to the person petitioning for termination of
the tenancy if the court finds that the landlord failed to comply with
the duty to investigate, regardless of which party prevails.
NEW SECTION. Sec. 602 A new section is added to chapter 35.82
RCW to read as follows:
The legislature recognizes that stable, habitable, and supportive
housing is a critical factor that increases a previously incarcerated
individual's access to treatment and services as well as the likelihood
of success in the community. Housing authorities are therefore
encouraged to formulate rental policies that are not unduly burdensome
to previously incarcerated individuals attempting to reenter the
community, particularly when the individual's family may already reside
in government subsidized housing.
NEW SECTION. Sec. 603 A new section is added to chapter 72.09
RCW to read as follows:
(1) The department may enter into agreements to provide short-term
housing assistance to offenders classified as high risk or high needs
who are reentering the community and are in need of transitional
housing.
(2) The department may develop further criteria in rule to
determine who will qualify for housing assistance.
(3) Housing assistance shall not be provided in excess of ninety
days for each offender.
(4) The state, department, and its employees are not liable for
civil damages arising from the conduct of an offender solely due to the
placement of an offender in short-term housing or the provision of
housing assistance.
(5) This section expires July 1, 2009.
NEW SECTION. Sec. 604 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 603 of this act.
NEW SECTION. Sec. 701 The legislature recognizes that the
restoration of civil rights to former felons is important in
reintegrating those individuals back into the community after release.
However, the legislature also recognizes the importance of an
individual's continued compliance with the terms of release, including
the payment of legal financial obligations. It is the intent of this
legislature to restore a former felon's civil rights as early as
practicable while optimally ensuring the payment of restitution to the
victims of this state.
NEW SECTION. Sec. 801 Part headings as used in this act do not
constitute any part of the law.