SB 5219 — Concerning partial confinement eligibility and alignment.

8 ESSB 5219 the out-of-state definition of sexual motivation must be comparable to the definition of sexual motivation contained in this section.

(34) "Offender" means a person who has committed a felony established by state law and is 18 years of age or older or is less than 18 years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110.p.

8 SB 5219 13.40.110.

(iii) Deliver or Possession with Intent to Deliver a Controlled Substance (chapter( chapter 69.50 RCW);

p.(v) Theft of a Firearm (RCW 9A.56.300);

9 ESSB 5219 (v) Theft of a Firearm (RCW 9A.56.300);

(xi)p. Residential Burglary (RCW 9A.52.025);

9 SB 5219 (xi) Residential Burglary (RCW 9A.52.025);

and (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate p.occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525;

10 ESSB 5219 occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525;

(A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree,p. or indecent liberties by forcible compulsion;

10 SB 5219 degree, or indecent liberties by forcible compulsion;

(ii) a coach, trainer, volunteer, or other person in p.authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision;

11 ESSB 5219 authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision;

(A) "Home- basedp. instruction" has the same meaning as defined in RCW 28A.225.010;

11 SB 5219 based instruction" has the same meaning as defined in RCW 28A.225.010;

or p.(v) Domestic violence stalking offense under RCW 9A.46.110 that is not a felony offense;

12 ESSB 5219 (v) Domestic violence stalking offense under RCW 9A.46.110 that is not a felony offense;

(44)p. "Risk assessment" means the application of the risk instrument recommended to the department by the Washington state institute for public policy as having the highest degree of predictive accuracy for assessing an offender's risk of reoffense.

12 SB 5219 (44) "Risk assessment" means the application of the risk instrument recommended to the department by the Washington state institute for public policy as having the highest degree of predictive accuracy for assessing an offender's risk of reoffense.

p.(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.132;

13 ESSB 5219 (a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.132;

or (v) A felony violation of RCW 9A.44.132(1) (failure to register as a sex offender) if the person has been convicted of violating RCW 9A.44.132(1)p. (failure to register as a sex offender) or 9A.44.130 prior to June 10, 2010, on at least one prior occasion;

13 SB 5219 9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 prior to June 10, 2010, on at least one prior occasion;

The transition training shall include p.instructions in the offender's requirements and obligations during the offender's period of community custody.

14 ESSB 5219 instructions in the offender's requirements and obligations during the offender's period of community custody.

(55) "Victim of domestic violence" means an intimate partner or household member who has been subjected to the infliction of physical harm or sexual and psychological abuse by an intimate partner or household member as part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or controlp. over that intimate partner or household member.

14 SB 5219 control over that intimate partner or household member.

p.(viii) Assault in the second degree;

15 ESSB 5219 (viii) Assault in the second degree;

and (xiv)p. Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

15 SB 5219 (xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

3.2.

p.(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

16 ESSB 5219 (2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

(4)p. "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

16 SB 5219 (4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

p.(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof;

17 ESSB 5219 (a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof;

However, when a defendant is charged with a recidivist offense, "criminal history" includes a vacated prior conviction for the sole purpose of establishingp. that such vacated prior conviction constitutes an element of the present recidivist offense as provided in RCW 9.94A.640(4)(b) and 9.96.060(((7))) (8)(c).

17 SB 5219 establishing that such vacated prior conviction constitutes an element of the present recidivist offense as provided in RCW 9.94A.640(4)(b) and 9.96.060(((7))) (8)(c).

p.(b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any geographical area;

18 ESSB 5219 (b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any geographical area;

or (f) To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to,p. manufacturing, delivering, or selling any controlled substance (chapter 69.50 RCW);

18 SB 5219 to, manufacturing, delivering, or selling any controlled substance (chapter 69.50 RCW);

For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, p.bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

19 ESSB 5219 bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

(i) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodilyp. injury, or assault, sexual assault, or stalking, as defined in RCW 9A.46.110, of one intimate partner by another intimate partner as defined in RCW 10.99.020;

19 SB 5219 bodily injury, or assault, sexual assault, or stalking, as defined in RCW 9A.46.110, of one intimate partner by another intimate partner as defined in RCW 10.99.020;

p.(25) "Electronic monitoring" means tracking the location of an individual through the use of technology that is capable of determining or identifying the monitored individual's presence or absence at a particular location including, but not limited to:

20 ESSB 5219 (25) "Electronic monitoring" means tracking the location of an individual through the use of technology that is capable of determining or identifying the monitored individual's presence or absence at a particular location including, but not limited to:

or (b) Active or passive global positioning system technology, which detects the location of the monitored individual and notifies the monitoring agency of the monitored individual's location and which mayp. also include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party, or within the restricted distance of a designated location.

20 SB 5219 may also include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party, or within the restricted distance of a designated location.

p.(28) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

21 ESSB 5219 (28) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

(31)p. "Homelessness" or "homeless" means a condition where an individual lacks a fixed, regular, and adequate nighttime residence and who has a primary nighttime residence that is:

21 SB 5219 (31) "Homelessness" or "homeless" means a condition where an individual lacks a fixed, regular, and adequate nighttime residence and who has a primary nighttime residence that is:

p.(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

22 ESSB 5219 (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

(n)p. Rape in the third degree;

22 SB 5219 (n) Rape in the third degree;

p.(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if:

23 ESSB 5219 (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if:

(34)p. "Nonviolent offense" means an offense which is not a violent offense.

23 SB 5219 (34) "Nonviolent offense" means an offense which is not a violent offense.

p.(a) The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:

24 ESSB 5219 (a) The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:

(vii)p. Hate Crime (RCW 9A.36.080);

24 SB 5219 (vii) Hate Crime (RCW 9A.36.080);

p.(b) That at least one of the offenses listed in (a) of this subsection shall have occurred after July 1, 2008;

25 ESSB 5219 (b) That at least one of the offenses listed in (a) of this subsection shall have occurred after July 1, 2008;

and (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and wouldp. be included in the offender score under RCW 9.94A.525;

25 SB 5219 would be included in the offender score under RCW 9.94A.525;

A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this p.subsection only when the offender was 18 years of age or older when the offender committed the offense.

26 ESSB 5219 subsection only when the offender was 18 years of age or older when the offender committed the offense.

(ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision;p.

26 SB 5219 supervision;

and p.(g) Violation of a no-contact or protection order, RCW 7.105.450 or former RCW 26.50.110(5).

27 ESSB 5219 (g) Violation of a no-contact or protection order, RCW 7.105.450 or former RCW 26.50.110(5).

or (b)p. Any federal, out-of-state, tribal court, military, county, or municipal conviction for an offense that under the laws of this state would be classified as a repetitive domestic violence offense under (a) of this subsection.

27 SB 5219 (b) Any federal, out-of-state, tribal court, military, county, or municipal conviction for an offense that under the laws of this state would be classified as a repetitive domestic violence offense under (a) of this subsection.

(v) Reckless endangerment if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or p.46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522 while under the influence of intoxicating liquor or any drug (RCW 9A.36.050);

28 ESSB 5219 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522 while under the influence of intoxicating liquor or any drug (RCW 9A.36.050);

(iv)p. Manslaughter in the first degree;

28 SB 5219 (iv) Manslaughter in the first degree;

p.(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;

29 ESSB 5219 (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;

(51) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute definingp. the crime, or other statute defining the maximum penalty for a crime.

29 SB 5219 defining the crime, or other statute defining the maximum penalty for a crime.

Domestic violence includes, but is not limited to, the offenses listed in RCW p.10.99.020 and 26.50.010 committed by an intimate partner or household member against a victim who is an intimate partner or household member.

30 ESSB 5219 10.99.020 and 26.50.010 committed by an intimate partner or household member against a victim who is an intimate partner or household member.

Sexual assault offensesp. include, but are not limited to, the offenses defined in chapter 9A.44 RCW.

30 SB 5219 offenses include, but are not limited to, the offenses defined in chapter 9A.44 RCW.

and (xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of p.intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

31 ESSB 5219 intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(61) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development,p. substance abuse rehabilitation, counseling, literacy training, and basic adult education.

31 SB 5219 development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

4.3.

(((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.determined that the parenting program is an appropriate placement and when all of the following conditions exist:

32 ESSB 5219 determined that the parenting program is an appropriate placement and when all of the following conditions exist:

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

or32 (iv)SB An5219 individual(iii) expectedA tobiological takeparent, overadoptive theparent, dutiescustodian, of a caregiver or parentstepparent andwith bea responsibleproven, forestablished, exercisingongoing, the day-to-day care and controlsubstantial ofrelationship a minor child, and who is not prohibited from contact with a minor child by((that anyexisted law,at courtthe order,time orof anythe otheroffense)); restriction;

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;

p.(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 or the involved tribal jurisdiction as to:

33 ESSB 5219 (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 or the involved tribal jurisdiction as to:

(7) TheWhile departmentin maythe notcommunity transferon anhome incarcerateddetention individualas topart participateof in the parenting programprogram, until the department hasshall: a clinically appropriate evaluation for substance use disorder.

If the incarcerated individual is diagnosed to have a substance use disorder, the department shall assist the incarcerated individual in enrolling in substance use disorder treatment services at the level deemed clinically appropriate.

Individuals transferred to participate in the parenting program, and diagnosed with a substance use disorder, must begin receiving substance use disorder treatment services as soon as practicable after transfer to avoid any delays in treatment.

Substance use disorder treatment services shall include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs.

Upon transfer to the parenting program, when clinically appropriate, individuals must be provided with access to self-administered fentanyl testing supplies and medications designed to reverse the effects of opioid overdose.

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

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

3433 ESSBSB 5219 (c)(b) AssignRequire athe communityindividual correctionsto officerparticipate whoin willprogramming monitorand treatment that the individual'sdepartment compliancedetermines withis conditionsneeded ofafter partialconsideration confinementof andthe programmingindividual's requirements;stated needs;

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

(((8)))(8) (9) The department has the authority to return any incarcerated individual serving partial confinement in the parenting program to total confinement if the individual is not complying with sentence requirements.

(((9)))(9) (10) If the incarcerated individual's earned release date changes after placement in partial confinement under this section, the department may extend the duration of participation in the alternative program by no more than six months or up to the earned release date, whichever comes first.

(11)(10) For the purposes of this section:

5.4.

(1)(a) Except as provided in (b) of this subsection, an ((offender)) incarcerated individual may not participate in the graduated reentry program under this subsection unless he or she has served at least six((six)) three months in total confinement in a state correctional facility.

(i) An ((offender)) incarcerated individual subject to (a) of this subsection may serve no more than the final ((five)) nine months ofp. the ((offender's)) incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department.

p.34 SB 5219 of the ((offender's)) incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department.

35 ESSB 5219 (ii) Home detention under (a) of this subsection may not be imposed for individuals subject to a deportation order, civil commitment, or the interstate compact for adult offender supervision under RCW 9.94A.745.

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

(4)(a) All ((offenders)) incarcerated individuals placed on home detention as part of the graduated reentry program must provide an approved residence and living arrangement prior to transfer to home detention.

3635 ESSBSB 5219 (b)(4)(a) TheAll department((offenders)) mayincarcerated notindividuals transferplaced anon ((offender))home incarcerateddetention individualas topart participateof in the graduated reentry program untilmust theprovide departmentan hasapproved ((conducted))residence aand ((comprehensiveliving assessment))arrangement clinicallyprior appropriateto evaluationtransfer forto substancehome usedetention. disorder.

If(b) theThe department may not transfer an ((offender)) incarcerated individual isto ((assessed))participate diagnosedin tothe havegraduated areentry substanceprogram useuntil disorder, the department shallhas assist((conducted)) thea ((offender))((comprehensive incarceratedassessment)) individualclinically inappropriate enrollingevaluation infor substance use disorder((disorder)) treatmentdisorders. services at the level deemed clinically appropriate ((by the assessment)).

((Offenders))If Individualsthe transferred((offender)) toincarcerated participateindividual inis the((assessed graduatedto reentryhave)) program, and diagnosed with a substance use disorder, mustthe begindepartment receivingshall assist the ((offender)) incarcerated individual in ((enrolling in)) accessing substance use disorder treatment services as((at soonthe aslevel practicabledeemed afterappropriate transferby tothe avoidassessment. any delays in treatment.

SubstanceOffenders transferred to participate in the graduated reentry program must begin receiving substance use disorder treatment services shallas include,soon as deemedpracticable necessaryafter bytransfer the ((assessment)) evaluation, access to medication-assistedavoid treatmentany anddelays counselingin programs.treatment.

Substance use disorder treatment services shall include, as deemed necessary by the assessment, access to medication-assisted treatment and counseling programs)), including medication treatment if appropriate, in accordance with recommended treatment for severity of disease determined during evaluation.

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

(b) Require the ((offender)) incarcerated individual to participate in programming and treatment that the department shall assign based on an ((offender's)) incarcerated individual's assessed need;

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

(6) The department retains the authority to return any ((offender)) incarcerated individual serving partial confinement in the graduated reentry program to total confinement for any reason including, but not limited to, the ((offender's)) incarcerated individual's noncompliance with any sentence requirement.

(7)p. The department may issue rental vouchers for a period not to exceed six months for those transferring to partial confinement under this section if an approved address cannot be obtained without the assistance of a voucher.

(8)36 InSB the5219 selection(7) ofThe ((offenders))department incarceratedmay individualsissue rental vouchers for a period not to participateexceed insix themonths graduatedfor reentrythose program,transferring andto inpartial setting,confinement p.under this section if an approved address cannot be obtained without the assistance of a voucher.

37(8) ESSBIn 5219the selection of ((offenders)) incarcerated individuals to participate in the graduated reentry program, and in setting, modifying, and enforcing the requirements of the graduated reentry program, the department is deemed to be performing a quasi-judicial function.

and (ii) The number of ((offenders)) incarcerated individuals in the graduated reentry program who received during the prior 12 months:

(b) Beginning July 1, 2023, the health care authority must report monthly to the department on the number of ((offenders)) incarcerated individuals in the graduated reentry program who received substance use disorder outpatient treatment, while in the community, during the prior 12 months.

(11) The department must share data with the health care authority on ((offenders)) incarcerated individuals participating in the graduated reentry program.

6.5.

(1) No incarcerated individual serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

(a) An incarcerated individual may earn early release time as authorized by RCW 9.94A.729;

3837 ESSBSB 5219 (b)(1) AnNo incarcerated individual mayserving leave a correctionalsentence facilityimposed pursuant to anthis authorizedchapter furloughand orcommitted to the custody of the department shall leave the confines of absence.the correctional facility or be released prior to the expiration of the sentence except as follows:

(a) An incarcerated individual may earn early release time as authorized by RCW 9.94A.729;

(b) An incarcerated individual may leave a correctional facility pursuant to an authorized furlough or leave of absence.

(v)p. Persistent offenders are not eligible for extraordinary medical placement;

38 SB 5219 (v) Persistent offenders are not eligible for extraordinary medical placement;

(e) No more than the final ((12)) 18 months of the incarcerated individual's term of confinement may be served in partial confinement p.for aiding the incarcerated individual with:

39 ESSB 5219 for aiding the incarcerated individual with:

((or)) reestablishing himself or herself in the community as part of the parenting program in RCW 9.94A.6551.9.94A.6551;

or participating in outpatient behavioral health treatment.

and (k)p. Any individual convicted of one or more crimes committed prior to the individual's 18th birthday may be released from confinement pursuant to RCW 9.94A.730.

39 SB 5219 (k) Any individual convicted of one or more crimes committed prior to the individual's 18th birthday may be released from confinement pursuant to RCW 9.94A.730.

25, 2021), may be released from confinement pursuant to a court order if the incarcerated individual has already served a period of confinement that exceeds his or her new standard p.range.

40 ESSB 5219 range.

Sec.

7.

RCW 72.65.210 and 2023 c 470 s 2121 are each amended to read as follows:

(1) The department shall establish, by rule, ((inmate)) incarcerated individual eligibility standards for participation in the work release program.

(2) The department shall:

(a) Conduct an annual examination of each work release facility and its security procedures;

(b) Investigate and set standards for the ((inmate)) individual supervision policies of each work release facility;

(c) Establish physical standards for future work release structures to ensure the safety of ((inmates)) individuals, employees, and the surrounding communities;

(d) Evaluate its recordkeeping of serious infractions to determine if infractions are properly and consistently assessed against ((inmates)) individuals eligible for work release;

(e) Establish a written treatment plan best suited to the ((inmate's)) individual's needs, cost, and the relationship of community placement and community corrections officers to a system of case management;

(f) Adopt a policy to encourage businesses employing work release ((inmates)) individuals to contact the appropriate work release facility whenever an ((inmate)) individual is absent from his or her work schedule.

The department of corrections shall provide each employer with written information and instructions on who should be called if a work release employee is absent from work or leaves the jobsite without authorization;

and (g) Develop a siting policy, in conjunction with cities, counties, community groups, and the department of commerce for the establishment of additional work release facilities.

Such policy shall include at least the following elements:

(i) Guidelines for appropriate site selection of work-release facilities;

(ii) notification requirements to local government and community groups of p.

41 ESSB 5219 intent to site a work release facility;

and (iii) guidelines for effective community relations by the work release program operator.

The department shall comply with the requirements of this section by July 1, 1990.

(3) The department may not transfer an incarcerated individual to participate in a work release program until the department has a clinically appropriate evaluation for substance use disorder.

If the incarcerated individual is diagnosed to have a substance use disorder, the department shall assist the incarcerated individual in enrolling in substance use disorder treatment services at the level deemed clinically appropriate.

Individuals transferred to participate in a work release program, and diagnosed with a substance use disorder, must begin receiving substance use disorder treatment services as soon as practicable after transfer to avoid any delays in treatment.

Substance use disorder treatment services shall include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs.

Upon transfer to a work release program, when clinically appropriate, individuals must be provided with access to self-administered fentanyl testing supplies and medications designed to reverse the effects of opioid overdose.

8.6.

The changes to restrictions on the community parenting alternative and partial confinement under sections 21, through2, 73, and 4 of this act apply prospectively and retroactively to persons currently serving a sentence in any facility or institution either operated by the state or utilized under contract.

9.7.

Section 21 of this act expires January 1, 2026.

10.8.

Section 32 of this act takes effect January 1, 2026.

4240 ESSBSB 5219