Graduated Reentry

About

The Department of Corrections (DOC) has been providing a graduated reentry process from incarceration to the community since the passage of SHB 2638 – Graduated Reentry (GRE)(pdf) in 2018.

The goals for GRE are to provide opportunities for incarcerated individuals to build skills through delivery of treatment, programs, work, education or participation in cognitive behavioral interventions, while in a partial confinement setting. Positive support systems such as family, mentors, and community engagement are significant factors needed in supporting one’s transition from incarceration. We recognize that individuals transitioning from a correctional facility are more successful when they have community support or resources before, during, and after their release. We have a dedicated team of corrections professionals across the state to serve our incarcerated and reentering populations.

Program Structure

One of the primary goals for GRE is to support individuals in reentry plans to their communities. An important factor in successful transition is the establishment of structure for the individual. This would include things like, planning schedules in advance, timeliness, organizational skill building, open communication, and transparency. Although individuals must get advance approval for activities in the community, we strive to build a collaborative relationship so participants can sustain the positive habits moving forward. We believe this focus provides the chance for an exchange of information to include needs, wants, and achievements in moving forward with life after prison.

Below are examples of some of the expectations individuals have to be aware of:

• Report to and be available to their assigned corrections specialist as directed.
• Abide by the electronic monitoring schedule as agreed upon by their corrections specialist.
• Ensure the device is worn and charged as required.
• Participate in programming and treatments as determined by the Department and continue with any mental health, substance abuse or other treatments and programs previously assigned.
• Provide verification of all activities while in the community.

What Our Participants Have to Say

“This was actually life changing for me! This program along with the help and guidance from the corrections specialist were the reason for my success. Thank you so much for offering this to me and allowing me to put my life back together. I don’t know that I would be where I am now without it.” – Past GRE Participant.

“For me graduated reentry helped me out a lot by rebuilding relationships with my family and being able to show them that I can change. I feel good about myself, about having a job and being able to support my family. I feel like a normal person and it feels good to get back to the society and being able to do the right thing and go down the right path. So yeah, graduated re-entry helped me out a lot and it's nice to see that there are good Doc officers that want us to do good and choose the right path.” – Past GRE Participant.

“I had a very positive experience with GRE. I feel like I was given a great opportunity to hit the ground running. I was able to start the process of getting my driver's license back, completing all but one of the classes I needed in order to complete my BA, (which I did finish) and being able to get rooted in a recovery fellowship while still having the very real support of my CS3.” – GRE Participant from the first group of transfers in the fall of 2018.

Data

Per RCW 9.94A.733, the department shall publish a monthly report on its website the number of individuals transferred during the month to home detention as part of the graduated reentry program. Additionally, statute requires the department submit an annual report by December 1^st to the legislature with the number of individuals transferred to home detention during the prior year.

Both Inpatient & Outpatient Treatment in 12-months Prior to ACTIVE GRE Month

The Department of Corrections (DOC) is not currently able to provide data for those individuals who received both inpatient and outpatient treatment, because it requires sharing of sensitive substance use disorder treatment data between two state agencies. DOC is working with the Health Care Authority to establish a data sharing pathway that meets the legal standard under 42 CFR Part 2 and will allow for reporting the combined list. This section will be updated once the data sharing issue is resolved.

TBD stands for 'To Be Determined'. The data in this section represents the two most current reporting years' worth of data. The data is updated no later than the third Thursday of the month with the preceding month's data.

Statutory Authority

In 2021, The Washington State Legislature passed ESSB 5121(pdf), which is an expansion to the current Graduated Reentry Legislation passed in 2018. This expansion was based largely on several factors such as prison capacity, success on return for 1-year recidivism rate of under 1%, and societal change regarding the impacts and effects of incarceration within our communities. This expansion now allows DOC to transfer individuals onto electronic monitoring at an approved address through two different tracks.

2018 GRE allowed entrance to Reentry Center with up to 12 months remaining on sentence with the expectation that individuals would transfer to an approved address on electronic monitoring for up to their final six months OR individuals can transfer from prison directly to EHM at an approved address for up to their final six months. Individuals on this track were required to spend a total of 12 months in total confinement prior to being considered for GRE. Although individuals can enter at the same time frames under the new legislation, the final allowable time on electronic is now five months. This is now referred to as Track One.

Incarcerated individuals that meet statutory criteria and DOC policy will be screened (pdf) for Graduated Reentry. Eligible individuals will then move on to the home investigation stage prior to final approval for GRE EHM. Individuals referred to GRE track one reentry center to EHM will be screened by reentry center staff per DOC 300.500 (pdf) prior to approval and transfer to a reentry center. Some individuals referred to track one reentry center to EHM may end up only participating in EHM (up to five months) due to space limitations at reentry centers. Certain individuals may not qualify for transfer to partial confinement programs due to mandatory minimum sentences that must be served in total confinement as prescribed by statute.

Minimum Statutory Requirements for Track One

Individuals who serve a minimum of six months in total confinement in a state correctional facility may:

• Transfer with up to five months remaining on their sentence to electronic monitoring at an approved address or
• Be transferred to a Reentry Center when there is up to 12 months left on the sentence with the expectation that up to the final five months of the sentence will be served in an approved residence on electronic home monitoring.

Individuals on this track must meet the following legislative criteria:

• Not subject to deportation order,
• Not subject to civil commitment order, or
• Not part of the interstate compact for out of state releases.

Minimum Statutory Requirements for Track Two

Individuals who serve a minimum of four months total confinement in a state correctional facility may transfer with up to 18 months remaining on their sentence to electronic monitoring at an approved address. Individuals on this track must meet the following legislative criteria:

• Not serving a sentence for a violent/sex offenses or crimes against a person
• Not required to register for a current or previous offense*
• Not subject to deportation order, or
• Not under the jurisdiction of the Indeterminate Sentence Review Board
• Not part of the interstate compact for out of state releases*

Additional Statutory obligations and requirements of ESSB 5121:

While individuals are participating in GRE, DOC must:

• Place individuals on electronic monitoring
• Require persons to participate in programming and treatment based on assessed needs
• Assign a staff (corrections specialist 3) who will monitor for compliance with the conditions of partial confinement as well as programming requirements.

While individuals are participating in GRE, DOC may:

• Issue rental vouchers for up to six months if an approved address cannot be obtained without the assistance of that voucher.
• Return a participant to total confinement for any reason including but not limited to the person’s non-compliance with any sentence requirement.

*Agency policy decision

Frequently Asked Questions (FAQ)

1. What are the differences from the old tracks and new tracks?

SHB 2638 Graduated Reentry passed in 2018. This law expanded reentry for up to 12 months to aid in obtaining addresses and created an option for home detention utilizing electronic home monitoring while individuals reside in approved residences completing their prison sentence. As part of SHB 2638, tracks were not formally introduced.

2. What pathways are available for GRE?

Through the new Legislation, SB5121, the agency now offers the opportunity for individuals to transition into their communities through Reentry Centers and prison to EHM. The following bullets capture the different pathways offered:

• Track One: Prison to Reentry Center (up to 12 months remaining on sentence) to EHM (up to five months remaining on sentence) to Release or Prison to EHM (five months) to Release
• Track Two: Prison to EHM (up to 18 months remaining on sentence) to Release

3. If you are serving a sentence for a sex related offense, violent offense, or crime against a person, are you eligible for track two?

No, you are only eligible for track one if serving time for a violent offense, or a crime against another person (non-sex offense).

4. What offense types disqualify you from participating in GRE track two?

RCWs define the offense categories for crimes against a person and violent/sex offenses.

5. What is the screening process for GRE?

GRE staff will consider individuals who are within 24 months of eligible transfer date and meet the statutory requirements for GRE. Staff will screen and submit home investigations for individuals accepted into the program. Once a home investigation is approved and the individual meets timeframes a transfer order will be finalized for movement.

6. Can we submit an application for GRE on behalf of our loved ones?

There is no external referral or application process for GRE. Transfer orders to participate are approved based upon resources and program availability.

7. What happens after a transfer order has been approved for GRE?

A Corrections Specialist 4 will screen the review based upon the requirements for GRE tracks. If and when approved, a Corrections Specialist 3 will be in contact with the sponsor to complete a home investigation. If approved, the transfer order will be finalized for movement to the approved address on EHM.

8. What are the steps for finalizing prison to a Reentry Center GRE?

• The GRE Corrections Specialist 4 builds a transfer order to the Reentry Center. Reentry Center staff screen individuals utilizing DOC 300.500 (pdf)
• The transfer order is finalized, and date of transfer is identified.
• Upon arrival, the Community Corrections Officer (CCO), will work with the GRE Specialist on transfer from the Reentry Center to EHM, while serving six to seven months at the Reentry Center.
• While the participant is at the Reentry Center, the Community Corrections Officer completes address verification for transfer to EHM at least 60 days in advance of anticipated transfer.
• The GRE Corrections Specialist 3 (CS3) completes home investigation.
• If the address meets requirements, the participant transfers to EHM at approximately five months to ERD.

9. How does an incarcerated individual know which pathway they are eligible for?

Information about each partial confinement option (pdf) (Community Parenting Alternative, Graduated Reentry, and Reentry Center) and eligibility criteria are provided to individuals during orientation at the reception centers upon entry to the correctional facility. Individuals are encouraged to become familiar and discuss the pathway options with their counselor to request the option best suited for them.

10. How much does Electronic Home Monitoring cost?

There is no cost to an individual or their family to participate in EHM however, in order to be monitored at the residence, an independent operable phone line that must be maintained. If an independent line cannot be installed, the department will work with the sponsor for an accommodation, if feasible.

11. If I want to sponsor a GRE participant at my house, what is the expectation from me?

It is primarily the participant’s responsibility to be compliant with GRE conditions. You can help the participant with their successful reentry by assisting with their schedules, providing transportation to appointments, communicating with the participant’s case manager and/or just being a supportive person in the individual’s life. The department strives to build a partnership with sponsors, individuals, and their support network so that we can work together to achieve the same outcome; those individuals successfully transition so they can remain with their loved ones in the community. We ask for open communication, support, and collaboration.

12. If a participant lives at my house while on EHM, what is and is not allowed in the home?

In order for a home to be approved, the following conditions apply:

• Firearms are prohibited on the premise. This includes those stored in a locked safe.
• Alcohol and drugs are prohibited inside the residence. Prescription narcotic medications are expected be secured and not accessible to the participant.
• There may be additional restrictions based on an individual’s risk of harm and/or their conditions of placement.

13. I have a criminal record. Does that mean I can’t sponsor a GRE participant at my home?

A criminal record in and of itself does not exclude anyone from sponsoring individuals. There are several factors that may influence the decision, such as active warrants or pending prosecution, current probation status, protection orders, crime partners, and length of time from last criminal behavior. The specialist is responsible to weigh the benefits and risk associated with each situation. All cases recommending denial will be confirmed by a supervisor.

14. If a participant is on GRE EHM Track Two (18 months) and are utilizing the rental voucher, what happens after the six months are up?

Each GRE participant is assigned a Reentry Navigator to assist with their transition and location of resources. When a voucher is used to secure housing upon transfer from prison to EHM, a plan will be established to ensure individuals can sustain residences beyond the use of the voucher. The assigned navigator, corrections specialist, and participant will work in collaboration to develop a sustainable plan to maintain housing. Plans will be developed and secured so that individuals will be able to maintain their community living.

Resources

Policies

Below are Department of Corrections (DOC) policies that apply to Graduated Reentry.

• DOC 390.590 Graduated Reentry (pdf) - policy updated and effective 6/16/22

Laws & Regulations

Below are the federal laws, state laws (RCWs) and regulations (WACs) that apply to and/or relate to the Graduated Reentry.

Publications

Below are Department of Corrections (DOC) publications that apply to the Graduated Reentry.

• 2023 Legislative Report (pdf) 500-SR004
• Graduated Reentry to American Behavioral Health Systems (ABHS) Process (pdf) 500-GU026
• Graduated Reentry Brochure (pdf) 400-BR015
  • Folleto de Reentry Graduado para las Partes Interesadas (pdf) 400-BR015s (R 12/2021)
• Graduated Reentry Fact Sheet (pdf) 400-GU009
• Graduated Reentry Handbook (pdf) 500-HA004
  • Manual de Reingreso Graduado (pdf) 500-HA004s
• Graduated Reentry Participation Eligibility Report (pdf) 500-SR004
• Graduated Reentry Screening and Eligibility Simplified (pdf) 500-GU023
• Graduated Reentry Screening Process (pdf) 300-DG001
• Partial Confinement Options (pdf) 400-GU001

Resource Links

• Community-Based Reentry Grant Program Project Summary (WA State Department of Commerce)