SB 5876 — Creating a women's division and system of gender-responsive, risk-need-responsivity, and trauma-informed practices within the department of corrections.

S-2553.1SUBSTITUTES-1425.1SENATE SENATE BILL 5876State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Ways & Means (originally sponsored by Senators Darneille, Rivers, Rolfes, Wilson, C., Kuderer, Walsh, Randall, Brown, Keiser, Saldaña, Frockt, Warnick, Cleveland, Das, and Nguyen)READNguyenRead FIRSTfirst TIMEtime 03/01/19.AN02/08/19.Referred to Committee on Human Services, Reentry & Rehabilitation.AN ACT Relating to creating a gender-responsivewomen's division and trauma-informedsystem workof groupgender-responsive, risk-need-responsivity, and trauma-informed practices within the department of corrections;

amending RCW 72.09.010, 72.09.015, 72.09.060, and 43.06C.040;

creatingand adding a new section;section to chapter 72.09 RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

and providing an expiration date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

A new section is added to chapter 72.09 RCW to read as follows:(1) The department shall create a permanent women's division under the direct supervision of the secretary.

The women's division shall have statewide authority and operational oversight for all of the department's women's correctional centers, women's custodial or transitional institutions, and women's community supervision.(2) The secretary shall appoint an assistant secretary for the women's division who has received nationally recognized specialized training in gender-responsive and trauma-informed practices.

The assistant secretary for the women's division is responsible for the:(a) Management and supervision of all employees assigned to the department's women's correctional centers, women's custodial or transitional institutions, and women's community supervision;(b) Development and implementation of evidenced-based, gender-responsive, and trauma-informed practices that govern the women's division operations and programs;(c) Development of the women's division training, orientation, and curriculum, which must be updated as needed to align with emerging gender-responsive and trauma-informed practices;(d) Training of all staff assigned to the department's women's correctional centers, women's custodial or transitional institutions, and women's community supervision on gender-responsive and trauma-informed practices;(e) Implementation of validated gender-responsive classification and placement instruments;(f) Implementation of a gender-responsive risk-needs-responsivity assessment tool and case management system specifically validated for use with women experiencing incarceration;(g) Collaborating with the assistant secretary of probation, parole, community restitution, restitution, and other nonincarcerative sanctions to ensure staff responsible for supervision of females under mandatory supervised release are appropriately trained in evidence-based practices in community supervision, gender-responsive practices, and trauma-informed practices;

(h) Assessment of the department's programs and policies by using the gender-responsive program assessment tool and the gender-responsive policy and practice assessment tool at all women's correctional centers and women's custodial or transitional institutions;

and(i) Development and implementation of policies, practices, and programming that address the differences in the necessary physical conditions of incarceration, and the physical health needs between men and women.(3) Beginning December 1, 2020, and in compliance with RCW 43.01.036, the department must submit an annual report to the legislature and the governor that details the efforts and progress toward the responsibilities outlined in subsection (2)(a) through (i) of this section.Sec.

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c 19 s 2 are each amended to read as follows:(1)follows:It It is the intent of the legislature to establish a comprehensive system of corrections for ((convicted law violators))persons experiencing incarceration within the state of Washington to accomplish the following objectives.(((1)))(a)objectives.(1) The system should ensure the public safety.

The system should be designed and managed to provide the maximum feasible safety for the persons and property of the general public, the staff, and the ((inmates))persons experiencing incarceration.(((2)incarceration.(2) The((The system should punish the offender for violating the laws of the state of Washington.

This punishment should generally be limited to the denial of liberty of the offender.(3)))(b)offender.)) The system should positively impact ((offenders))persons experiencing incarceration by ((stressing))providingstressing individualized change programming and interventions that are founded in risk-needs-responsivity principles, which supports personal responsibility and accountability,accountability and ((byby discouraging))positivelydiscouraging impactsrecidivism.(((4)))(3) recidivism.(((4)))(c) The system should treat all ((offenders fairly and equitably without regard to))persons experiencing incarceration in a manner that is gender-responsive, trauma-informed, and supportive of the principles of diversity, equity, and inclusion, and may not discriminate on the basis of race, religion, sex, national origin, residence, or social condition.(((5)))(d)condition.(((5)))(4) The system((,system, as much as possible, should reflect the values of the community including:(a) Avoiding idleness.

It is the community expectation that all individuals should work and through their efforts benefit both themselves and the community.(c) Providing))shallProviding provide opportunities for self improvementimprovement. and rehabilitation.

All individuals should have opportunities to grow and expand their skills and abilities so as to ((fulfillfulfill their role in))supportin their successful reentry into the community.(((d)community.(d) Linking the receipt or denial of privileges to responsible behavior and accomplishments.

All citizens, the public and inmates((inmates))persons experiencing incarceration alike, have a personal and fiscal obligation in the corrections system.

All communities must share in the responsibility of the corrections system.(6)))(e)system.(((6)))(5) The system should provide for ((prudentprudent management of resources.))theresources. avoidance of unnecessary or inefficient public expenditures on the part of ((offenders and)) the department ((is essential.

OffendersThe mustavoidance beof accountableunnecessary toor theinefficient department,public andexpenditures on the departmentpart toof the((offenders))persons publicexperiencing incarceration and the legislature)).department is essential.

((Offenders))Persons experiencing incarceration must be accountable to the department, and the department to the public and the legislature.

The management and use of these resources can be enhanced by wise investment, productive programsprograms, that are gender-responsive and focused on risk-needs-responsivity principles, the reduction of duplication and waste, and the joining together of all involved parties in a common endeavor.

Since most ((offenders))persons experiencing incarceration return to the community, it is wise for the state and the communities to make an investment in effective individualized, gender-responsive, and trauma-informed rehabilitation programs ((for offenders))based on research, risk-needs-responsivity principles, and the wise use of resources.(((7)))(f)resources.(((7)))(6) The system should provide for restitution.

Those who have damaged others, persons or property, have a responsibility to make restitution for these damages.(((8)))(g)damages.(((8)))(7) The system should be accountable to the citizens of the state.

In return, the individual citizens and local units of government must meet their responsibilities to make the corrections system effective.(((9)))(h)effective.(((9)))(8) The system should meet ((those))those national standards ((whichwhich the state determines to be appropriate))andappropriate.(9) best practices for ethical treatment, programming, and operations.(i) The system should be gender-responsive and incorporate risk-need-responsivity principles and trauma-informed practices into classification, programming, and interactions with persons experiencing incarceration.(2)incarceration.Sec. Therefore, in furtherance of the intent of the legislature to establish a comprehensive system of corrections, the legislature intends to establish the gender-responsive and trauma-informed work group within the department, to study how best to implement the items in section 2(2) of this act, and make recommendations on how the state can best implement women's specific programs, classification systems including, but not limited to, specific options for organizational structures, such as the creation of a women's division within the department, and the costs associated with each, by December 1, 2020.

The legislature intends to assist the department in ensuring that gender-responsive and trauma-informed practices are integrated into classification, programming, and interactions with persons experiencing incarceration.

The work group shall consist of relevant stakeholders and shall develop recommendations for use in determining the best course of action in the creation of a women's division within the department.NEW SECTION.  Sec.

2.

(1) Subject to the availability of amounts appropriated for this specific purpose, the gender-responsive and trauma-informed work group is established within the department of corrections.

The work group membership may consist of, but is not limited to, the following:(a) Representatives who specialize in the medical and psychological treatment of women;(b) Representatives from the financial, faith-based, educational, arts, and cultural communities;(c) Representatives from the department of corrections reentry division, prison division, community corrections division, correctional industries, and human resources;(d) A family member of a person experiencing incarceration;(e) Individuals with training and experience in developmental psychology, parenting, trauma-informed practices, and adverse childhood experiences;(f) A representative from an organization supporting crime victims, and interested and willing victims of crimes;(g) A representative from the office of the corrections ombuds;(h) Any interested members of the legislature;(i) At least two individuals who have experienced incarceration and successfully reentered;

and(j) A representative familiar with aging and disability services.(2) The work group must develop suggestions and recommendations specific to:(a) Evidence-based, gender-responsive, and trauma-informed practices that govern operations and programs for women experiencing incarceration;(b) Appropriate ongoing training, orientation, and curriculum about gender-responsive and trauma-informed practices and a plan for how the training shall incorporate emerging best practices, and be delivered to department of corrections staff;(c) How best to implement validated gender-responsive classification and placement instruments;(d) How best to implement a validated gender-responsive assessment tool and case management system that is based on the risk-needs-responsivity model;(e) How best to implement policies, practices, and programs to address differences in physical conditions of incarceration and physical health needs for men and women;

and(f) How to ensure staff responsible for supervision of females under mandatory supervised release are appropriately trained in evidence-based practices in community supervision, gender-responsive practices, and trauma-informed practices.(3) Staff support for the work group must be provided by the department of corrections.(4) The work group must submit a report to the governor and the legislature with its recommendations by December 1, 2020.(5) This section expires June 30, 2021.Sec.

To determine net competitive advantage, the department of corrections shall review and quantify any expenses unique to operating a for-profit business inside a prison.(30) "Vocational training" or "vocational education" means "vocational education" as defined in RCW 72.62.020.(31) "Washington business" means an in-state manufacturer or service provider subject to chapter 82.04 RCW existing on June 10, 2004.(32) "Work programs" means all classes of correctional industries jobs authorized under RCW 72.09.100.(33) "Gender-responsive" means taking into account gender-specific differences that have been identified in gender-specificwomen-centered research including, but not limited to, socialization, psychological development, strengths, risk factors, pathways through systems, responses to treatment intervention, and other unique gender-specific needs facing justice-involved individuals.women.

RCW 72.09.060 and 2002 c 175 s 48 are each amended to read as follows:The department of corrections may be organized into such divisions or offices as the secretary may determine, but shall include divisions for (1) correctional industries, (2) ((prisons and other custodial institutions and (3)))male-specific prisons and other male-specific custodial or transitional institutions and community supervision, (3) female-specific prisons and other female-specific custodial or transitional institutions and community supervision, as described in section 1 of this act, and (4) probation, parole, community restitution, restitution, and other nonincarcerative sanctions.

The secretary shall have at least one person on his or her staff who shall have the responsibility for developing a program which encourages the use of volunteers, for citizen advisory groups, and for similar public involvement programs in the corrections area.

Minimum qualification for staff assigned to public involvement responsibilities shall include previous experience in working with volunteers or volunteer agencies.Sec.

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