HB 1147 — Supporting civic engagement for incarcerated and institutionalized individuals in state custody to promote inclusion and rehabilitation.

H-1092.1H-0301.1 SUBSTITUTE HOUSE BILL 1147 State of Washington 69th Legislature 2025 Regular Session By House State Government & Tribal Relations (originally sponsored by Representatives Farivar, Simmons, Ryu, Ramel, Mena, Macri, Doglio, Goodman, Ormsby, and Hill)Hill READPrefiled FIRST12/31/24. TIME 02/04/25.

Read first time 01/13/25.

Referred to Committee on State Government & Tribal Relations.

and providingcreating ana effectivenew date.section.

(2) Those who are incarcerated or experiencing institutionalization face extraordinary barriers to civic participation, are most impacted by lawmaking,law making, and benefit greatly by participating in society.

(a) Individuals within state institutions remain members of society throughout the duration and beyond the conclusion of their treatment, punishment, or commitment within those institutions;institutions.

1 SHBHB 1147 (b) All justice-involved individuals, including incarcerated individuals, and individuals experiencing institutionalization, are essential stakeholders in the laws and policies affecting their lives, and the voices of these individuals must be represented in civic processes to hold a functioning democracy;democracy.

Removing segments of marginalized communities from civic processes through incarceration and institutionalization has a compounding effect that perpetuates the marginalization of disadvantaged communities overall;overall.

Conversely, civic engagement is a form of inclusion and investment in society towards the common good;good.

Civically engaged individuals are essential to reducing harm both during and after their sentence and treatment;treatment.

(f) Civically engaged individuals help bring underrepresented communities in from the margins, strengthening the fabric of society;society.

and (g) Justice and treatment systems that value rehabilitation and inclusion in society will encourage and facilitate civic engagement and investment in the community.

TheIndividuals definitionscurrently incarcerated in thisadult sectionand applyjuvenile throughoutprisons, thisindividuals chapterliving unlessat theresidential contexthabilitation clearlycenters, requiresand otherwise.individuals receiving treatment under RCW 72.23.175 have a right to civic engagement.

(1)All "Civicstate engagement" means to identify, learn about, and addresslocal issuesagencies ofshall publicensure concernthat withindividuals thecan aimfully toexercise improvecivic theengagement, qualitywhich ofincludes, lifebut inis anot communitylimited throughto, politicalthe andrights nonpoliticalenumerated actions.below:

"Civic(1) engagement"Form includespolitical learningorganizations aboutor waysgroups thatand/or individualsuse cancurrent engagegroups inor civicorganizations systems.within state institutions for the purpose of p.

p.2 HB 1147 civic engagement to work with community members, organizations, institutions, and elected officials and their staff;

2 SHB 1147 (2) "PoliticalOrganize advocacyand organizations"communicate arewith groupsmembers thatof arecommunity organizedgroups, byorganizations, interestinstitutions, orand identityelected thatofficials workand to uplift the voices of their membersstaff; and engage civically for the greater good.

(3) Register as voters in accordance with state law and cast their vote in elections utilizing mail-in ballots;

(4) Meet with, support, or engage with political candidates and/or campaign staff;

(5) Access classrooms, utility rooms, or other designated program areas within state institutions for group meetings with community members, organizations, institutions, holders of government office, and their staff;

(6) Fully participate in teleconference and videoconference meetings and proceedings with community groups, working groups, legislative bodies, organizations, institutions, panels, or forums;

and (7) Be free from punishment or retaliation for participating in civic processes or exercising these rights.

Individuals(1) currentlyThe incarceratedlegislature infinds adultthat andthe juvenilepractices prisons,covered individualsby livingthis atchapter residentialare habilitationmatters centers,vitally andaffecting individualsthe receivingpublic treatmentinterest infor athe facilitypurpose listedof inpromoting RCWpublic 72.23.175safety, havehuman arights, rightand toapplying civicthe engagement.nothing about us without us act, chapter 43.18A RCW;

Alland stateRCW agencies72.09.135, shall13.40.460, ensure72.05.130, to72.23.030,and the72.01.090. greatest extent possible that individuals can fully exercise civic engagement, which includes but is not limited to the rights enumerated as follows:

(1)(2)(a) FormNo politicalstate advocacyor organizationslocal oragency groupsmay and/orassert usethat currentdenying groupsany individual their right to civic engagement serves a legitimate penological objective or organizationsa withincompelling stategovernmental institutionsinterest forin relation to the purposepurposes ofpromoted civicby engagementthe legislature to workestablish witha communitycomprehensive members,system organizations,of institutions,corrections, andsentencing electedreform officialsact andof their1981, staff;chapter 9.94A RCW.

(2)(b) OrganizeNo andstate communicateor withlocal membersagency ofshall communityimpose groups,or organizations,implement institutions,a andregulation electedin officialsa andmanner theirthat staff;imposes a substantial burden on the rights described in section 2 of this act.

(3)(i) AccessAny classrooms,person utilitywho rooms,is injured by a violation of section 2 of this act, or otherany designatedperson programso areasinjured withinbecause statethey institutionsrefused to accede to a proposal for groupan meetingsarrangement withwhich, communityif members,consummated, organizations,would institutions,be holdersin violation of governmentsection office,2 andof theirthis staff;act may bring a civil action in superior court to enjoin further violations, to recover the damages, together with the costs of the suit, including a reasonable p.

(4)3 ParticipateHB in1147 teleconferenceattorneys' andfee. videoconference meetings and proceedings with community groups, working groups, legislative bodies, organizations, institutions, panels, or forums;

andIn (5)addition, Bethe freecourt frommay, punishmentin orits retaliationdiscretion, forincrease participatingthe inaward civicof processesdamages orup exercisingto thesean rights.amount not to exceed three times damages sustained, but such increase must not exceed $25,000.

Any person may bring a civil action in the district court to recover their damages, except for damages which exceed the amount specified, and the costs of the suit, including reasonable attorneys' fees.

The district court may, in its discretion, increase the award of damages to an amount not more than three times the damages sustained, but such increased damage award must not exceed $25,000.

(ii) For the purpose of this section, "person" includes the counties, municipalities, and all political subdivisions of this state.

(1)Sections The2 legislatureand finds3 thatof the practices covered by this chapteract areconstitute mattersa vitallynew affecting the public interest for the purpose of promoting public safety, human rights, and applying the nothing about us without us act, chapter 43.18Ain RCW,Title RCW72 72.09.135,RCW. 13.40.460, 72.05.130, 72.23.030, and 72.01.090.

(2) An individual's right to civic engagement under section 2 of this act shall not be substantially burdened even if the burden results from a rule of general applicability, unless justified by a compelling state interest achieved by the least restrictive means.

(3) Any violation of section 3 of this act must first be addressed through the available administrative remedies.

Any internal violation of the administrative policy written and administered by a p.

3 SHB 1147 reviewing agency in addressing a complaint shall constitute administrative exhaustion.

Lack of administrative exhaustion shall constitute an affirmative defense against enforcement of this act through judicial intervention.

NEW SECTION.

Sec.