CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 6400

60th Legislature
2008 Regular Session

Passed by the Senate March 10, 2008
YEAS 44 NAYS 0

President of the Senate
Passed by the House March 5, 2008
YEAS 95 NAYS 1

CERTIFICATE
I, Thomas Hoemann, Secretary of
the
Senate
of
the
State
of
Washington, do hereby certify that
the attached is SUBSTITUTE SENATE
BILL 6400 as passed by the Senate
and the House of Representatives
on the dates hereon set forth.

Secretary

Speaker of the House of Representatives

Approved

FILED

Secretary of State
State of Washington
Governor of the State of Washington

_____________________________________________
SUBSTITUTE SENATE BILL 6400
_____________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2008 Regular Session
State of Washington

60th Legislature

2008 Regular Session

By
Senate Human Services & Corrections (originally sponsored by
Senator Carrell)
READ FIRST TIME 02/08/08.

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AN ACT Relating to moral guidance of incarcerated persons; amending
RCW 72.01.210; adding a new section to chapter 72.01 RCW; and creating
new sections.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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NEW SECTION. Sec. 1. The legislature finds that men and women who
are incarcerated have the need to develop prosocial behaviors. These
behaviors will better enable these men and women to fully participate
in society and adhere to law-abiding behaviors, such as continuing
treatment that is undertaken in prison, once the person is released in
the community.
Living in an environment where foundational skills are modeled and
encouraged fosters positive outcomes for people who have been convicted
and sentenced for their crimes. Basic skills include positive decision
making, personal responsibility, building a healthy community,
religious tolerance and understanding, ethics and morality, conflict
management, family life relationships, leadership, managing emotions,
restorative justice, transitional issues, and spirituality. Learning
and practicing how to overcome minor and significant obstacles in a

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positive way will prepare offenders who are
communities to begin their new crime-free lives.

returning

to

our

NEW SECTION. Sec. 2. (1) The department of corrections shall
establish an oversight committee to develop a comprehensive interagency
plan to provide voluntary, nondenominational moral and characterbuilding residential services and supports for offenders who are
incarcerated in prison.
(2) The interagency plan shall include the following:
(a) Identification of existing state services and programs, as well
as recognized community-based services and programs, for building moral
character for those who are incarcerated;
(b) Identification of methods to improve collaboration and
coordination of existing services and the community-based services and
programs;
(c) Recommendations concerning new services and programs for adults
who are incarcerated, involving both interagency and community-based
efforts;
(d) Identification of evidence-based practices and areas for
further research to support the long-term provision of moral and
character-building
services
and
programs
for
adults
who
are
incarcerated;
(e) A plan for offering both nondenominational and secular
programming; and
(f) A system to prevent the diversion of public funds to religious
activities.
(3) The oversight committee shall include the following:
(a) Representatives with decision-making authority from:
The
department of corrections; the department of social and health
services; the Washington association of sheriffs and police chiefs;
county law and justice councils; county community transition
coordination networks; specialized county courts such as those
addressing child dependency, drug, mental health, and domestic violence
related
crimes;
prosecuting
attorneys
and
public
defenders;
representatives of at least three faith-based organizations that work
primarily in the prisons and at least three faith-based organizations
that work primarily with offenders in the community; the religious
program manager employed by the department of corrections; one

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institutional staff chaplain employed by the department of corrections;
three chaplains: (i) One of whom volunteers in the institution, (ii)
one of whom contracts with the department of corrections, and (iii) one
of whom is a Native American program specialist with the department of
corrections
to
serve
those
who
are
incarcerated;
and
six
representatives from secular organizations in the private and public
sectors that have evidence-based expertise in character and moral
skills building, education, and residential programming;
(b) Two persons representing victims of crimes and their family
members and friends;
(c) One former inmate of the state department of corrections; and
(d) One individual representing families of inmates who are
incarcerated in state correctional institutions.
(4) In developing the interagency plan, the oversight committee
shall seek input on moral and character-based residential programs in
our state's adult correctional facilities from the public, including
faith-based communities, state institutions of higher education, and
the business community.
(5) The oversight committee shall develop the interagency plan by
June 30, 2010, with an interim report due to the appropriate committees
of the legislature by January 1, 2009.

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Sec. 3. RCW 72.01.210 and 1993 c 281 s 62 are each amended to read
as follows:
(1) The secretary of corrections shall appoint institutional
chaplains for the state correctional institutions for convicted
felons((; and the)).
Institutional chaplains shall be appointed as
employees of the department of corrections.
The secretary of
corrections may further contract with chaplains to be employed as is
necessary to meet the religious needs of those inmates whose religious
denominations are not represented by institutional chaplains and where
volunteer chaplains are not available.
(2) Institutional chaplains appointed by the department of
corrections under this section shall have qualifications necessary to
function as religious program coordinators for all faith groups
represented within the department.
Every chaplain so appointed or
contracted with shall have qualifications consistent with community

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standards of the given faith group to which the chaplain belongs and
shall not be required to violate the tenets of his or her faith when
acting in an ecclesiastical role.
(3) The secretary of social and health services shall appoint
chaplains for the correctional institutions for juveniles found
delinquent by the juvenile courts; and the secretary of corrections and
the secretary of social and health services shall appoint one or more
chaplains for other custodial, correctional, and mental institutions
under their control.
(4) Except as provided in this section, the chaplains so appointed
under this section shall have the qualifications and shall be
compensated in an amount((,)) as ((shall hereafter be)) recommended by
the appointing department and approved by the Washington personnel
resources board.

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NEW SECTION. Sec. 4. A new section is added to chapter 72.01 RCW
to read as follows:
Regardless of whether the services are voluntary or provided by
employment or contract with the department of corrections, a chaplain
who provides the services authorized by RCW 72.01.220:
(1) May not be compelled to carry personal liability insurance as
a condition of providing those services; and
(2) May request that the attorney general authorize the defense of
an action or proceeding for damages instituted against the chaplain
arising out of the course of his or her duties in accordance with RCW
4.92.060, 4.92.070, and 4.92.075.
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