BILL REQ. #:  S-4824.3 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to moral guidance of incarcerated persons; amending RCW 72.01.210; adding a new section to chapter 72.01 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that men and women who are incarcerated have differing abilities to understand the financial and emotional cost and other difficulties faced by the victims that they have created. Many incarcerated men and women will be offered services aimed at preparing them for successful reentry to Washington communities. Still, it is critical that incarcerated persons understand the basis for their negative behaviors and have the opportunity to develop pro-social behaviors such as honest, caring, responsible, open-minded, willing, and humble ways of thinking and believing. These behaviors will better enable these men and women to fully participate in society and adhere to law-abiding behaviors, such as continuing treatment that is undertaken in prison, once the person is released in the community.
     Living in an environment where foundational skills are modeled and encouraged fosters positive outcomes for people who have been convicted and sentenced for their crimes. Basic skills include positive decision making, personal responsibility, building a healthy community, religious tolerance and understanding, ethics and morality, conflict management, family life relationships, leadership, managing emotions, restorative justice, transitional issues, and spirituality. Learning and practicing how to overcome minor and significant obstacles in a positive way will prepare offenders who are returning to our communities to begin their new crime-free lives.

NEW SECTION.  Sec. 2   (1) The department of corrections shall establish an oversight committee to develop a comprehensive interagency plan to provide voluntary, nondenominational moral and character-building residential services and supports for offenders who are incarcerated in prison.
     (2) The interagency plan shall include the following:
     (a) Identification of existing state services and programs, as well as recognized community-based services and programs, for building moral character for those who are incarcerated;
     (b) Identification of methods to improve collaboration and coordination of existing services and the community-based services and programs;
     (c) Recommendations concerning new services and programs for adults who are incarcerated, involving both interagency and community-based efforts;
     (d) Identification of evidence-based practices and areas for further research to support the long-term provision of moral and character-building services and programs for adults who are incarcerated;
     (e) A plan for offering both nondenominational and secular programming; and
     (f) A system to prevent the diversion of public funds to religious activities.
     (3) The oversight committee shall include the following:
     (a) Representatives with decision-making authority from: The department of corrections; the department of social and health services; the Washington association of sheriffs and police chiefs; county law and justice councils; county community transition coordination networks; specialized county courts such as those addressing child dependency, drug, mental health, and domestic violence related crimes; prosecuting attorneys and public defenders; representatives of at least three faith-based organizations that work primarily in the prisons and at least three faith-based organizations that work primarily with offenders in the community; the religious program manager employed by the department of corrections; one institutional staff chaplain employed by the department of corrections; three chaplains: (i) One of whom volunteers in the institution, (ii) one of whom contracts with the department of corrections, and (iii) one of whom is a Native American program specialist with the department of corrections to serve those who are incarcerated; and six representatives from secular organizations in the private and public sectors that have evidence-based expertise in character and moral skills building, education, and residential programming;
     (b) Two persons representing victims of crimes and their family members and friends;
     (c) One former inmate of the state department of corrections; and
     (d) One individual representing families of inmates who are incarcerated in state correctional institutions.
     (4) In developing the interagency plan, the oversight committee shall seek input on moral and character-based residential programs in our state's adult correctional facilities from the public, including faith-based communities, state institutions of higher education, and the business community.
     (5) The oversight committee shall develop the interagency plan by June 30, 2010, with an interim report due to the appropriate committees of the legislature by January 1, 2009.

Sec. 3   RCW 72.01.210 and 1993 c 281 s 62 are each amended to read as follows:
     (1) The secretary of corrections shall appoint institutional chaplains for the state correctional institutions for convicted felons((; and the)). Institutional chaplains shall be appointed as employees of the department of corrections. The secretary of corrections may further contract with chaplains to be employed as is necessary to meet the religious needs of those inmates whose religious denominations are not represented by institutional chaplains and where volunteer chaplains are not available.
     (2) Institutional chaplains appointed by the department of corrections under this section shall have qualifications necessary to function as religious program coordinators for all faith groups represented within the department. Every chaplain so appointed or contracted with shall have qualifications consistent with community standards of the given faith group to which the chaplain belongs and shall not be required to violate the tenets of his or her faith when acting in an ecclesiastical role.
     (3) The secretary of social and health services shall appoint chaplains for the correctional institutions for juveniles found delinquent by the juvenile courts; and the secretary of corrections and the secretary of social and health services shall appoint one or more chaplains for other custodial, correctional, and mental institutions under their control.
     (4) Except as provided in this section, the chaplains so appointed under this section shall have the qualifications and shall be compensated in an amount((,)) as ((shall hereafter be)) recommended by the appointing department and approved by the Washington personnel resources board.

NEW SECTION.  Sec. 4   A new section is added to chapter 72.01 RCW to read as follows:
     Regardless of whether the services are voluntary or provided by employment or contract with the department of corrections, a chaplain who provides the services authorized by RCW 72.01.220:
     (1) May not be compelled to carry personal liability insurance as a condition of providing those services; and
     (2) May request that the attorney general authorize the defense of an action or proceeding for damages instituted against the chaplain arising out of the course of his or her duties in accordance with RCW 4.92.060, 4.92.070, and 4.92.075.