Civic engage./state custody

AN ACT Relating to supporting civic engagement for incarcerated 1
and institutionalized individuals in state custody to promote 2
inclusion and rehabilitation; adding a new chapter to Title 72 RCW; 3
and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) The legislature recognizes that people 6
with direct lived experience are experts in their own lives and 7
experience. The passage of the nothing about us without us act 8
solidified our commitment to developing smart and inclusive policy 9
with the leadership of directly impacted populations.10
(2) Those who are incarcerated or experiencing 11
institutionalization face extraordinary barriers to civic 12
participation, are most impacted by law making, and benefit greatly 13
by participating in society. Society also benefits tremendously when 14
the treatment or rehabilitation of directly impacted people is 15
accelerated by their inclusion in the civic process.16
(3) The legislature recognizes that: 17
(a) Individuals within state institutions remain members of 18
society throughout the duration and beyond the conclusion of their 19
treatment, punishment, or commitment within those institutions.20
H-0301.1
HOUSE BILL 1147
State of Washington 69th Legislature 2025 Regular Session
By Representatives Farivar, Simmons, Ryu, Ramel, Mena, Macri, Doglio,
Goodman, Ormsby, and Hill
Prefiled 12/31/24. Read first time 01/13/25. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 1147
(b) All justice-involved individuals, including incarcerated 1
individuals, and individuals experiencing institutionalization, are 2
essential stakeholders in the laws and policies affecting their 3
lives, and the voices of these individuals must be represented in 4
civic processes to hold a functioning democracy. 5
(c) People who are in prisons, state hospitals, and residential 6
habilitation centers disproportionately come from marginalized 7
communities. Removing segments of marginalized communities from civic 8
processes through incarceration and institutionalization has a 9
compounding effect that perpetuates the marginalization of 10
disadvantaged communities overall. 11
(d) Crime is a form of divestment from society, the social order, 12
and the common good. Involuntary treatment and institutionalization 13
teach isolation from society when individuals are in the most need of 14
support. Conversely, civic engagement is a form of inclusion and 15
investment in society towards the common good. 16
(e) Individuals experiencing incarceration and 17
institutionalization who invest in society during their incarceration 18
and treatment are less likely to harm society after their release. 19
Civically engaged individuals are essential to reducing harm both 20
during and after their sentence and treatment. 21
(f) Civically engaged individuals help bring underrepresented 22
communities in from the margins, strengthening the fabric of society.23
(g) Justice and treatment systems that value rehabilitation and 24
inclusion in society will encourage and facilitate civic engagement 25
and investment in the community. 26
(4) The legislature finds that limiting the civic engagement of 27
individuals serves no compelling governmental interest and has no 28
legitimate penological objective. 29
NEW SECTION. Sec. 2. Individuals currently incarcerated in 30
adult and juvenile prisons, individuals living at residential 31
habilitation centers, and individuals receiving treatment under RCW 32
72.23.175 have a right to civic engagement. All state and local 33
agencies shall ensure that individuals can fully exercise civic 34
engagement, which includes, but is not limited to, the rights 35
enumerated below:36
(1) Form political organizations or groups and/or use current 37
groups or organizations within state institutions for the purpose of 38
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civic engagement to work with community members, organizations, 1
institutions, and elected officials and their staff;2
(2) Organize and communicate with members of community groups, 3
organizations, institutions, and elected officials and their staff;4
(3) Register as voters in accordance with state law and cast 5
their vote in elections utilizing mail-in ballots; 6
(4) Meet with, support, or engage with political candidates 7
and/or campaign staff; 8
(5) Access classrooms, utility rooms, or other designated program 9
areas within state institutions for group meetings with community 10
members, organizations, institutions, holders of government office, 11
and their staff; 12
(6) Fully participate in teleconference and videoconference 13
meetings and proceedings with community groups, working groups, 14
legislative bodies, organizations, institutions, panels, or forums; 15
and 16
(7) Be free from punishment or retaliation for participating in 17
civic processes or exercising these rights. 18
NEW SECTION. Sec. 3. (1) The legislature finds that the 19
practices covered by this chapter are matters vitally affecting the 20
public interest for the purpose of promoting public safety, human 21
rights, and applying the nothing about us without us act, chapter 22
43.18A RCW; and RCW 72.09.135, 13.40.460, 72.05.130, 72.23.030,and 23
72.01.090.24
(2)(a) No state or local agency may assert that denying any 25
individual their right to civic engagement serves a legitimate 26
penological objective or a compelling governmental interest in 27
relation to the purposes promoted by the legislature to establish a 28
comprehensive system of corrections, sentencing reform act of 1981, 29
chapter 9.94A RCW. 30
(b) No state or local agency shall impose or implement a 31
regulation in a manner that imposes a substantial burden on the 32
rights described in section 2 of this act. 33
(i) Any person who is injured by a violation of section 2 of this 34
act, or any person so injured because they refused to accede to a 35
proposal for an arrangement which, if consummated, would be in 36
violation of section 2 of this act may bring a civil action in 37
superior court to enjoin further violations, to recover the damages, 38
together with the costs of the suit, including a reasonable 39
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attorneys' fee. In addition, the court may, in its discretion, 1
increase the award of damages up to an amount not to exceed three 2
times damages sustained, but such increase must not exceed $25,000. 3
Any person may bring a civil action in the district court to recover 4
their damages, except for damages which exceed the amount specified, 5
and the costs of the suit, including reasonable attorneys' fees. The 6
district court may, in its discretion, increase the award of damages 7
to an amount not more than three times the damages sustained, but 8
such increased damage award must not exceed $25,000.9
(ii) For the purpose of this section, "person" includes the 10
counties, municipalities, and all political subdivisions of this 11
state. 12
NEW SECTION. Sec. 4. Sections 2 and 3 of this act constitute a 13
new chapter in Title 72 RCW.14
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