Graduated Reentry Program.
The Department of Corrections (DOC) began providing a graduated reentry program in 2018. The program provides a partial confinement setting for incarcerated individuals while supporting their transition from incarceration through treatment, programs, work education, and participation in cognitive behavioral interventions. "Partial confinement" means the individual is confined for less than a year in a facility or institution, and includes work release, home detention, work crew, electronic monitoring, or a combination of those options. An incarcerated individual (referred to as an "offender" in the statute), may not participate in a graduated reentry program until the individual has served at least four to six months in confinement in a DOC facility. There are additional limitations on participation in the program, depending on the length of time served and the individual's conviction. For example, individuals subject to deportation are not eligible to participate in home detention.
The DOC may transfer individuals who are eligible to participate in the graduated reentry program from the DOC facility to home detention, for the final 5 to 18 months of the individual's sentence, if the DOC determines that the program is appropriate. "Home detention" is a partial confinement program that confines the individual to a private residence 24 hours a day unless the court or supervisor approves, authorizes, or permits an absence. Home confinement requires electronic monitoring. "Electronic monitoring" means tracking the individual through technology, including radio frequency signaling or global positioning system, which may include victim notification technology.
The DOC must assist the individual with the transition from confinement to home detention. Prior to transfer, the individual must provide an approved residence and living arrangement. The DOC may provide up to six months of rental vouchers if necessary to obtain a residence.
After an individual is transferred to the community on home detention, the individual must participate in programming and treatment assigned by the DOC and based on the individual's assessed need. The DOC must assign a community corrections officer to monitor the individual's compliance with the DOC's conditions and requirements. The individual must be placed on electronic home monitoring.
The DOC may require any individual to return to total confinement. Noncompliance with the requirements imposed by the DOC is one basis for return. "Total confinement" means the individual is confined 24 hours a day within a facility or institution that is operated by a governmental unit.
When an individual participates in the graduated reentry program, the DOC is not liable for the individual unless the agency acted with willful and wanton disregard. "Willful and wanton" is intentional behavior that knowingly and intentionally produces an injury, or shows a reckless disregard for the safety of the person injured by the action.
The DOC publishes a monthly report identifying the number of individuals transferred to the graduated reentry program. The DOC also provides an annual report to the Legislature. Between July 2021 and February 2023, 1,174 individuals were transferred to home detention through the program.
Substance Use Disorder Treatment.
An individual must be assessed for a substance use disorder before the individual can participate in the graduated reentry program. If the assessment identifies a disorder, the DOC must assist the individual in enrolling in substance use disorder treatment services. The level of service will vary, depending on the assessment, and shall include access to medication-assisted treatment and counseling.
Individuals participating in the graduated reentry program must begin receiving substance use disorder treatment services as soon as practicable after transfer into the program. The DOC must provide participants with access to fentanyl testing supplies and medications designed to reverse the effects of opioid overdose, when clinically appropriate.
Reporting.
Beginning in July 2023, the DOC is required to provide additional data in its monthly reports, including:
Beginning in July 2023, the Health Care Authority must report monthly to the DOC. The report must identify the number of individuals in the graduated reentry program who received substance use disorder outpatient treatment in the prior month.
The DOC is required to provide participants in the graduated reentry program with access to fentanyl testing supplies and medications designed to reverse the effects of opioid overdose, when clinically appropriate, rather than monitoring the participants and changing treatment plans.
(In support) Each time an individual in the Department of Corrections' (DOC) custody passes away, the DOC prepares an unexpected fatality review report. The reports show a trend of people being released into the graduated reentry program and shortly afterwards passing away from a drug overdose. Retail syndicates prey on individuals with mental illness or a substance use disorder, but locking them up isn't the solution. Those individuals need treatment. Individuals released from graduated reentry with a substance use disorder are 126 times more likely to overdose within two weeks. The bill ensures that whenever someone is released from prison and at their most vulnerable, the person is connected to the services and support needed to survive and thrive. Hopefully in the future, a person with a substance use disorder will get treatment from day 1 within the DOC.
(Opposed) None.
The amendment requires: (1) the Department of Corrections to post information on its website about the number of offenders who received substance use disorder treatment in the graduated reentry program during the prior 12 months rather than during the prior calendar month; (2) the Department of Corrections to provide data to the Health Care Authority about offenders participating in the graduated reentry program; and (3) the Health Care Authority to provide information to the Department of Corrections about the number of offenders in the graduated reentry program who received substance use disorder outpatient treatment during the prior 12 months, rather than during the prior calendar month. A null and void clause is added, making the bill null and void unless funded in the budget.
(In support) None.
(Opposed) None.