AN ACT Relating to department of corrections behavioral health certification;
Summary
SB 5388 revises Washington’s laws governing behavioral health services for people in Department of Corrections custody, with a focus on certification, oversight, and standards for treatment in correctional facilities. The bill states legislative findings that prior law changes created a need for clearer coordination between the Department of Corrections and the Department of Health, and it directs those agencies to jointly establish standards for behavioral health services in prisons. It also requires the Department of Health to monitor compliance through annual inspections, and requires the agencies to enter into a biennial agreement covering inspection procedures, technical assistance, and reimbursement for related costs.
The bill also changes the special drug offender sentencing alternative. It limits when a court may impose the prison-based alternative, requires a period of total confinement followed by community custody, and specifies treatment and supervision conditions. Those conditions include substance use disorder treatment, possible domestic violence treatment in applicable cases, drug testing, and consequences for violating conditions or failing to complete the program. The bill further provides for assessment and treatment during incarceration, and includes provisions addressing deportation-related hearings and administrative termination from the program.
Impact
The bill amends RCW provisions governing the special drug offender sentencing alternative and adds new sections to chapter 9.94A RCW to create a more formal framework for behavioral health services in correctional facilities. It shifts oversight of prison behavioral health services toward Department of Health standards and inspections, while leaving service delivery with the Department of Corrections and requiring interagency coordination, reporting, and reimbursement. It also affects sentencing, community custody, treatment requirements, and program termination rules for eligible offenders, including those with domestic violence or immigration-related issues.
Sentiment
Overall sentiment appears generally supportive. The bill advanced with strong bipartisan votes in both chambers, including unanimous or near-unanimous committee approvals and substantial majorities on final passage. The House amended the bill, but the Senate still concurred with the amended version, suggesting broad agreement on the need for the policy changes.
Contention
The main points of contention appear to have been less about the bill’s overall purpose and more about implementation details, funding, and oversight. The bill includes a contingency clause making it null and void without specific funding in the omnibus appropriations act, indicating fiscal concerns were important. The House Appropriations Committee also amended the bill, which suggests budget or administrative details required adjustment. The legislative findings and new inspection regime imply a policy concern over whether correctional behavioral health services should be certified and monitored by the Department of Health rather than left solely to corrections.
Concerning a pilot program creating a healthier environment for correctional officers, department of corrections staff, and individuals within a correctional facility.
Require the Department of Health and Human Services to create a program to provide behavioral health care services to individuals under twenty-one years of age