BILL REQ. #:  H-1634.1 

Read first time 02/09/09.   Referred to Committee on Human Services.

     AN ACT Relating to persons with developmental disabilities who are in correctional facilities or jails; and adding a new chapter to Title 71A RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that the presence of a developmental disability does not limit an individual's rights nor the opportunity to participate in the life of the community.
     Over the years, the efforts of the state have been to enhance the opportunities of its citizens with developmental disabilities to live integrated lives in their local community, obtaining employment, and enjoying all the opportunities our communities offer.
     The legislature also finds that a small number of persons with developmental disabilities commit crimes, are held in jail, are tried for their offenses, and are sentenced to serve time in our correctional system.
     A developmental disability often stems from a mix of causes and many with developmental disabilities have cognitive impairments that require reasonable accommodations to assure they understand what is happening to them and what is expected of them.

NEW SECTION.  Sec. 2   The purpose of this chapter is:
     (1) To assure that when a person with a developmental disability is in the criminal justice or correctional system, he or she is safe and free from victimization;
     (2) To define the population this chapter concerns; and
     (3) To outline the basic requirements needed to assure that this population is properly served within the facilities.

NEW SECTION.  Sec. 3   (1) For the purposes of this chapter, persons with developmental disabilities are those persons over the age of eighteen who are eligible to receive services under this title. If a person was eligible for services by the division of developmental disabilities at the time of admission to a correctional or jail facility, he or she shall remain eligible for those services as long as he or she remains continuously confined to a correctional facility or jail facility, and upon release. Prior to or upon release, a person with a developmental disability shall receive an assessment by the division of developmental disabilities to determine the level of support he or she requires.
     (2) The department of social and health services shall adopt rules and policies providing that when persons with developmental disabilities who were enrolled in medical assistance prior to confinement are released, their medical assistance coverage will be fully reinstated on the day of their release, subject to any expedited review of their continued eligibility for medical assistance coverage that is required under federal or state law.
     (3) The department of social and health services, in collaboration with the Washington association of sheriffs and police chiefs, the department of corrections, and local jail personnel shall establish procedures for coordinating the work of the local offices of the department, correctional institutions, and local jails to ensure prompt reinstatement of eligibility and speedy eligibility determination for persons who are likely to be eligible for medical assistance upon release from confinement.
     (4) For the purposes of this section, "confined" means incarcerated in a correctional institution, as defined in RCW 9.94.049, or a local jail.

NEW SECTION.  Sec. 4   Persons with developmental disabilities who are confined must be identified early during confinement and monitored to ensure their safety during confinement.
     A simple screening tool may help correctional or jail staff identify persons with developmental disabilities. Within state funds appropriated for this purpose, the legislature directs the developmental disabilities council to contract for the development and implementation of such a screening tool by July 1, 2010.
     Once developed, jail or correctional staff may use the screening tool to identify persons with developmental disabilities at the time of booking. Upon this determination, the staff shall contact the local office of the department of social and health services division of developmental disabilities and request a determination as to whether or not the person is already a client of the division of developmental disabilities. The department of social and health services shall respond within twenty-four hours of receipt of the inquiry as to whether or not the person is a client of the division. In the event that the person is not a client, the department shall, within forty-eight hours of receipt of the inquiry, perform an in-person eligibility determination, unless the department has previously determined the person ineligible.
     If the person has a developmental disability, jail or correctional staff shall determine the reasonable accommodations required while the person is in the correctional facility or jail. If the person is eligible for services by the division of developmental disabilities, jail or correctional staff shall consult with the division in determining what accommodations are necessary.

NEW SECTION.  Sec. 5   (1) It is essential that staff in correctional facilities and jails know how to identify inmates with developmental disabilities and how best to support them. Persons with developmental disabilities are often confused with persons with mental illness. These populations are different and must be understood as distinct groups, with different reasonable accommodation needs.
     (2) Within state funds appropriated for this purpose, the legislature directs the developmental disabilities council, in consultation with the department of corrections, department of social and health services, representatives of local jails, a representative of the state designated protection and advocacy system, and other advocates, to develop training tools for correctional and jail staff. The training tools shall be short and concise so it does not take unreasonable time when used.

NEW SECTION.  Sec. 6   The department of social and health services, in consultation with the department of corrections, representatives of local jails, a representative of the developmental disabilities council, and other key stakeholder advocate groups, shall develop a proposed transition program to support clients with developmental disabilities moving from jail, upon release, to appropriate support services in their local community.
     By the 2010 legislative session, the department of social and health services shall submit to the appropriate committees of the legislature the proposed transition program. The transition program plan shall be developed within the budgets of the participating organizations.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act constitute a new chapter in Title 71A RCW.