HB 2638 — Creating a graduated reentry program of partial confinement for certain offenders.

H-4497.1SUBSTITUTEZ-0643.1HOUSE HOUSE BILL 2638State of Washington65th Legislature2018 Regular SessionBy House Public Safety (originally sponsored by Representatives Goodman, Pettigrew, Appleton, and Ortiz-Self;

by request of Department of Corrections)READCorrectionsRead FIRSTfirst TIMEtime 02/02/18.AN01/11/18. ACT Relating to creating a graduated reentry program of partial confinement for certain offenders;

Referred to Committee on Public Safety.AN ACT Relating to creating a graduated reentry program of partial confinement for certain offenders;

and adding a new section to chapter 9.94A RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:(1) NoFor offenders not participating in the work release program under chapter 72.65 RCW, but otherwise eligible under this section, no more than the final six months of the offender's term of confinement may be served in partial confinement as home detention as part of the graduated reentry program developed by the department.department.(2) The secretary of the department may transfer an offender from a department correctional facility to home detention in the community if it is determined that the graduated reentry program is an appropriate placement and must assist the offender's transition from confinement to the community.(3) The department and its officers, agents, and employees are not liable for the acts of offenders participating in the graduated reentry program unless the department or its officers, agents, and employees acted with willful and wanton disregard.(4) All offenders 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.(5) While in the community on home detention as part of the graduated reentry program, the department must:(a) Require the offender to be placed on electronic home monitoring;(b) Require the offender to participate in programming and treatment that the department determines is needed;

However, an offender may not participate in the graduated reentry program under this section unless he or she has served at least twelve months in total confinement in a state correctional facility.(2) The secretary of the department may transfer an offender from a department correctional facility to home detention in the community if it is determined that the graduated reentry program is an appropriate placement and must assist the offender's transition from confinement to the community.(3) The department and its officers, agents, and employees are not liable for the acts of offenders participating in the graduated reentry program unless the department or its officers, agents, and employees acted with willful and wanton disregard.(4) All offenders 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.(5) While in the community on home detention as part of the graduated reentry program, the department must:(a) Require the offender to be placed on electronic home monitoring;(b) Require the offender to participate in programming and treatment that the department shall assign based on an offender's assessed need;

The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.(iv) The secretary may revoke an extraordinary medical placement under this subsection (1)(c) at any time.(v) Persistent offenders are not eligible for extraordinary medical placement;(d) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;(e) No more than the final ((six)) twelve months of the offender's term of confinement may be served in partial confinement ((designeddesigned to aid))aid forthe aidingoffender in finding work ((and)) or reestablishing himself or herself in the offendercommunity ((in))((or with:no more than the final twelve months of the offender's term of confinement may be served in partial confinement)) as part of the parenting program in RCW 9.94A.6551.

Finding work ((and)) as part of the work release program under chapter 72.65 RCW;

or reestablishing himself or herself in the community ((or no more than the final twelve months of the offender's term of confinement may be served in partial confinement)) as part of the parenting program in RCW 9.94A.6551.