SENATE BILL REPORT
SB 5029
As of January 14, 2025
Title: An act relating to the transportation of individuals released or discharged from the custody of the department of corrections.
Brief Description: Concerning the transportation of individuals released or discharged from the custody of the department of corrections.
Sponsors: Senator Wilson, C..
Brief History:
Committee Activity: Human Services: 1/14/25.
Brief Summary of Bill
  • Removes the requirement that the public transportation provided by the Department of Corrections (DOC) at the expiration of a person's sentence be the least expensive method not to exceed $100.
  • Requires DOC to make every effort to coordinate the timing of the individual's release from DOC custody, including the timing of transportation, if DOC has made arrangements with a partnering nonprofit organization that will support the individual's reentry into the community.
SENATE COMMITTEE ON HUMAN SERVICES
Staff: Kelsey-anne Fung (786-7479)
Background:

Persons releasing or discharging from Department of Corrections (DOC) custody, or transferring to partial confinement or community custody, must be supplied with suitable and presentable clothing, no less than $40 for subsistence, and transportation by the least expensive method of public transportation not to exceed $100 to an authorized location, unless the superintendent has reasonable cause to believe that the person has ample funds to assume such expenses. The $40 for subsistence is commonly referred to as gate money.

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The public transportation provided by DOC may be to a person's:

  • place of residence;
  • place designated in the person's parole plan if the person is subject to the jurisdiction of the Indeterminate Sentence Review Board;
  • place from which discharged on expiration of sentence; or
  • place from which discharged from custody by a court of appropriate jurisdiction.

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Per DOC policy, transportation funds are used to provide transportation per the individual's release plan. Individuals who require an approved release address will be returned to their county of origin or alternate county. The case manager may authorize transportation funds by the safest, most direct method of public transportation, not to exceed $100. Additional funds are deducted from the individual's trust account or provided by a third party.

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Partial Confinement. A person sentenced to DOC custody may not leave the correctional facility or be released prior to the expiration of the sentence unless a statutory exception applies. Partial confinement is one such exception for qualifying incarcerated individuals, and refers to work release, home detention, work crew, electronic home monitoring, or a combination of these programs.

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The Graduated Reentry Program and the Community Parenting Alternative are partial confinement programs that allow qualifying incarcerated persons to serve part of their sentence on home detention in the community. If DOC determines that the Graduated Reentry Program or the Community Parenting Alternative are appropriate for the incarcerated individual, the person must provide an approved residence and living arrangement prior to transfer to home detention.

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Community Custody. Community custody is the portion of a person's criminal sentence served in the community under the DOC's supervision following release from confinement in a state correctional facility. Persons on community custody are subject to conditions imposed by the court and the DOC. The Secretary of the DOC may issue a warrant for the arrest of any person who violates a condition of community custody, and the person may be subject to sanctions.

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Earned Release Time. An individual's term of confinement may be reduced by earned release time for good behavior and good performance. Certain persons who are eligible for earned release time must be transferred to community custody in lieu of earned release time. Before transferring a person from confinement into supervised community custody, the DOC must approve the person's release plan, including the proposed residence and living arrangements.

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County of Origin. In determining the county of discharge for an incarcerated individual released to community custody, DOC may approve a residence location that is not the person's county of origin if DOC determines that the residence location would be appropriate based on any court-ordered conditions of the person's sentence, victim safety concerns, and factors that increase opportunities for successful reentry and long-term support. County of origin means the county of the incarcerated individual's residence at the time of the person's first felony conviction in the state, unless the person is a homeless person or the residence is unknown.

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Interstate?Compact for Adult Offender Supervision.? The?Interstate?Compact for Adult Offender Supervision governs the supervision of individuals who move from one state to another. Sending states must notify receiving states and obtain their approval before sending an offender, and receiving states must accept offenders when the reasons for the move are appropriate and supervise the offender for the sending state. Per DOC policy, individuals with supervision requirements who request to release from confinement to an out-of-state address must be approved by DOC.

Summary of Bill:

The requirement that the public transportation provided by DOC at a person's release or discharge be the least expensive method not to exceed $100 is removed.

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If DOC has made arrangements with a partnering nonprofit organization that will support the individual's reentry into the community, DOC must make every effort to coordinate the timing of the individual's release from DOC custody, including the timing of transportation to the person's place of residence or place from which discharged from custody.

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References to gender are replaced with gender neutral terms. A reference to convicted felons is removed.

Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.