For an offender not sentenced under RCW 9.94A.655, but otherwise eligible under this section, no more than the final twelve months of the offender's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department.
(1) The secretary may transfer an offender from a correctional facility to home detention in the community if it is determined that the parenting program is an appropriate placement and when all of the following conditions exist:
(a) The offender is serving a sentence in which the high end of the range is greater than one year;
(b) The offender has no current conviction for a felony that is classified as a sex offense or a serious violent offense;
(c) The offender has no current conviction for a violent offense, or where the offender has a current conviction for a violent offense, he or she has not been determined to be a high risk to reoffend;
(d) The offender signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court;
(e) The offender is:
(i) A parent with guardianship or legal custody of a minor child;
(ii) An expectant parent; or
(iii) A biological parent, adoptive parent, custodian, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child that existed at the time of the offense; and
(f) The department determines that the offender's participation in the parenting program is in the best interests of the child. Nothing in this section provides the department with authority to determine placement of a minor child.
(2) Except for sex offenses and serious violent offenses, prior juvenile adjudications are not considered offenses when considering eligibility for the parenting program developed by the department.
(3) When the department is considering partial confinement as part of the parenting program for an offender, the department shall inquire of the individual and the department of children, youth, and families whether the agency has an open child welfare case or prior substantiated referral for abuse or neglect involving the offender.
(4) 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: (a) The status of the child welfare case; and (b) recommendations regarding placement of the offender, services agreed to by the offender working voluntarily with the department, or services ordered by the court within the offender's child welfare case. The department and its officers, agents, and employees are not liable for the acts of offenders participating in the parenting program unless the department or its officers, agents, and employees acted with willful and wanton disregard.
(5) All offenders placed on home detention as part of the parenting program shall provide an approved residence and living arrangement prior to transfer to home detention.
(6) While in the community on home detention as part of the parenting program, the department shall:
(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 after consideration of the offender's stated needs;
(c) Assign a community corrections officer who will monitor the offender's compliance with conditions of partial confinement and programming requirements; and
(d) If the offender has an open child welfare case with the department of children, youth, and families, collaborate and communicate with the identified social worker in the provision of services.
(7) The department has the authority to return any offender serving partial confinement in the parenting program to total confinement if the offender is not complying with sentence requirements.
(8) For the purposes of this section:
(a) "Expectant parent" means a pregnant or other parent awaiting the birth of his or her child, or an adoptive parent or person in the process of a final adoption.
(b) "Minor child" means a child under the age of eighteen.
[ 2020 c 137 § 3; 2018 c 58 § 47; 2010 c 224 § 8.]
NOTES:
Effective date—2018 c 58: See note following RCW 28A.655.080.