SB 5182 — Concerning programs and services for incarcerated parents at the department of corrections.

S-0946.1S-0108.2 SUBSTITUTE SENATE BILL 5182 State of Washington 69th Legislature 2025 Regular Session By Senate Human Services (originally sponsored by Senators Nobles, Frame, Bateman, Hasegawa, Saldaña, Trudeau, and C.

Wilson)Wilson READPrefiled FIRST01/08/25. TIME 01/30/25.

Read first time 01/13/25.

Referred to Committee on Human Services.

and amending RCW 72.09.588.72.09.588 and 9.94A.6551.

(a) "Doula services" are services provided by a trained doula and designed to provide physical, emotional, or informational support to a pregnant ((woman)) individual before, during, and after delivery of ap. child.

1 SB 5182 a child.

Support p.and assistance during labor and childbirth;

1 SSB 5182 and assistance during labor and childbirth;

Sec.

2.

RCW 9.94A.6551 and 2024 c 193 s 1 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection, for an incarcerated individual not sentenced under RCW 9.94A.655, but otherwise eligible under this section, no more than the final 12 months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department.

(b) For an incarcerated individual not sentenced under RCW 9.94A.655, but otherwise eligible under this section, who is participating in the residential parenting program at the department, no more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department.

(2) The secretary may transfer an incarcerated individual from a correctional facility to home detention in the community if it is p.

2 SB 5182 determined that the parenting program is an appropriate placement and when all of the following conditions exist:

(a) The incarcerated individual is serving a sentence in which the high end of the range is greater than one year;

(b) The incarcerated individual has no current conviction for a felony that is classified as a sex offense or a serious violent offense;

(c) The incarcerated individual has no current conviction for a violent offense, or where the incarcerated individual has a current conviction for a violent offense, he or she has not been determined to be a high risk to reoffend;

(d) The incarcerated individual signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court;

(e) The incarcerated individual is:

(i) A parent with guardianship or legal custody of a minor child;

(ii) An expectant parent;

((or)) (iii) A biological parent, adoptive parent, custodian, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child ((that existed at the time of the offense));

or (iv) An individual expected to take over the duties of a parent and be responsible for exercising the day-to-day care and control of a minor child;

and (f) The department determines that the incarcerated individual's participation in the parenting program is in the best interests of the child.

Nothing in this section provides the department with authority to determine placement of a minor child.

(3) Except for sex offenses and serious violent offenses, prior juvenile adjudications are not considered offenses when considering eligibility for the parenting program developed by the department.

(4) When the department is considering partial confinement as part of the parenting program for an incarcerated individual, the department shall inquire of the individual and the department of children, youth, and families whether the agency has an open child welfare case or prior substantiated referral for abuse or neglect involving the incarcerated individual.

(5) If the department of children, youth, and families or a tribal jurisdiction has an open child welfare case, the department will seek input from the department of children, youth, and families p.

3 SB 5182 or the involved tribal jurisdiction as to:

(a) The status of the child welfare case;

and (b) recommendations regarding placement of the incarcerated individual, services agreed to by the incarcerated individual working voluntarily with the department, or services ordered by the court within the incarcerated individual's child welfare case.

The department and its officers, agents, and employees are not liable for the acts of incarcerated individuals participating in the parenting program unless the department or its officers, agents, and employees acted with willful and wanton disregard.

(6) All incarcerated individuals placed on home detention as part of the parenting program shall provide an approved residence and living arrangement prior to transfer to home detention.

(7) While in the community on home detention as part of the parenting program, the department shall:

(a) Require the individual to be placed on electronic home monitoring;

(b) Require the individual to participate in programming and treatment that the department determines is needed after consideration of the individual's stated needs;

(c) Assign a community corrections officer who will monitor the individual's compliance with conditions of partial confinement and programming requirements;

and (d) If the individual has an open child welfare case with the department of children, youth, and families, collaborate and communicate with the identified social worker in the provision of services.