Parenting Sentencing Alternative (PSA)
In 2010, Substitute Senate Bill (SSB) 6639 created two Parenting Sentencing Alternatives to prison confinement for some nonviolent inmates who have minor children. The judicial sentencing alternative is referred to as the Family & Offender Sentencing Alternative (FOSA) and the partial confinement program is referred to as the Community Parenting Alternative (CPA).
Substitute Senate Bill (SSB) 6639 was supported by the Department of Corrections (DOC) in partnership with the Department of Social and Health Services (DSHS) . The legislation requires DOC and DSHS Children Administration to work together on shared cases. Each PSA participant under DOC jurisdiction must sign releases of information to be eligible.
Why did the legislature create parenting sentencing alternatives?
Research shows children of incarcerated parents are significantly more likely to end up in the criminal justice system themselves. The focus of the legislation is the child(ren), family, and the importance of maintaining the family bond so that participants under DOC jurisidiction can be productive contributors in their families and communities. The goal of these programs is to help stop the cycle of criminal activity.
Family and Offender Sentencing Alternative (FOSA)
The judicial sentencing option is the Family and Offender Sentencing Alternative, commonly referred to as FOSA. FOSA allows judges to waive a sentence for eligible persons and impose 12 months of community supervision along with conditions for treatment and programming for people facing a prison sentence. Community Corrections Officers are responsible for the supervision and are assigned a caseload of participants who are sentenced under FOSA or have been placed in the community on electronic monitoring as a part of the CPA program.
Judges may request the Department of Corrections (DOC) complete a risk assessment report and/or substance abuse screening prior to sentencing.
As part of the risk assessment, the DSHS Children’s Administration will inform the court if the agency has an open child welfare case or if there were prior substantiated referrals of abuse or neglect involving the person facing prison confinement. If there is an open case, Children’s Administration will provide a report to the court within seven business days.
FOSA Orders Can Be Revoked
DOC will provide quarterly progress reports to the court regarding the participants’s progress in programming, treatment, and other supervision requirements.
Judges have the authority to require the participant to appear at court to evaluate progress or address violations of supervision. They can modify conditions, impose confinement within the standard range, or revoke the alternate sentence and remand them to prison to serve their sentence if the court determines the participant violated the conditions or is failing to make progress in treatment. The time spent in the community will not be credited toward the confinement time.
- People facing prison confinement are eligible for the Family and Offiender Sentencing Alternative (FOSA) if they meet all of the following conditions:
- Must have physical custody of his/her minor* child(ren) or is a legal guardian or custodian with physical custody of a child under the age of 18 at the time of current offense
- The high end of the person’s sentence is more than one year (presumptive prisons sentence)
- Person must sign a release of information waiver regarding current and/or prior child welfare involvement
- The person may not have current or prior convictions for a felony sex and/or violent offense
- The person may not be subject to a deportation order
*Minor child means a biological or adopted child of the inmate who is under the age of 18 at the time of the inmate's current offense.
- DSHS 17-063 Authorization
- DOC 02-363 Addendum to the DSHS Authorization Form
- DOC 14-029 Multi-Party Authorization
- DOC 14-029 Multipartidaria Autorización (Spanish)