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SSB 5182

Signed

Senate

Incarcerated parents

Concerning programs and services for incarcerated parents at the department of corrections.

  1. Introduced (completed)
  2. Committee (completed)
  3. Floor Vote (completed)
  4. Opposite Chamber (completed)
  5. Governor (completed)
  6. Signed (completed)
How does a bill become law?
  1. Introduced: The bill is filed and assigned a number.
  2. Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
  3. Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
  4. Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
  5. Governor: The Governor reviews the bill and decides whether to sign or veto it.
  6. Signed: The bill has been signed into law.
Introduced: January 28, 2025
Last Action: April 22, 2025
Status: C 129 L 25
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AI Analysis

This analysis was generated by AI and may contain errors. It is not legal advice. Always refer to the official bill text for authoritative information.
People & CommunitiesPeople-leaningCorporate & Wealthy Interests

This bill improves support for incarcerated parents by requiring the Department of Corrections to provide access to doula and midwifery services for pregnant individuals and new mothers, and expands eligibility and duration of the parenting program, allowing more incarcerated parents to serve part of their sentence on home detention with family support and supervision. It also strengthens coordination with child welfare agencies to protect children’s well-being.

  • Requires the Department of Corrections to make reasonable accommodations for doula or midwifery services for incarcerated individuals who are pregnant or within six weeks postpartum, including access to health records (with consent) and support during labor and birth.
  • Clarifies that doula services include physical, emotional, and informational support before, during, and after childbirth—including breastfeeding and parenting help—and that midwifery services include medical care during pregnancy, birth, and up to two weeks postbirth by licensed providers.
  • Expands the maximum time allowed for home detention under the parenting program from 12 months to 18 months for individuals enrolled in the residential parenting program (correctional nursery).
  • Strengthens eligibility criteria for the parenting program, including allowing eligibility for expectant parents, adoptive parents, and those with an established relationship with a minor child—even if the relationship existed before the offense.
  • Requires the Department of Corrections to check with DCYF or tribal child welfare agencies about open child welfare cases and seek their input before placing someone in the parenting program.
  • Mandates electronic monitoring, case management, and collaboration with social workers for individuals on home detention as part of the parenting program, and allows return to full custody for noncompliance.

Who is affected

  • Incarcerated parents and expectant parents — Incarcerated individuals who are pregnant, have recently given birth (within six weeks), or are parents/custodians of minor children may gain access to doula/midwifery support and expanded eligibility for home detention under a parenting program.
  • Participants in the residential parenting program (correctional nursery) — May receive expanded access to home detention (up to 18 months instead of 12) and support services if participating in the residential parenting program and meeting eligibility criteria.
  • Department of Children, Youth, and Families (DCYF) and tribal child welfare agencies — Will be consulted by the Department of Corrections on open child welfare cases and may provide recommendations that influence an incarcerated person’s placement and services.
  • Community corrections officers and Department of Corrections staff — May be required to share information about child welfare cases and comply with new eligibility and monitoring requirements if seeking placement in the parenting program.
Effective: July 28, 2025Fiscal impact: The bill may increase state costs due to expanded access to doula/midwifery services and enhanced supervision and case management for participants in the parenting program, though the fiscal note is not included in the bill text.
Model: Intel/Qwen3-Coder-Next-int4-AutoRoundGenerated: Mar 19, 2026, 8:37 PM

Pro/Con Analysis

Stronger case for benefits

Potential Benefits (4)

  • The bill mandates access to doula and midwifery services for incarcerated pregnant individuals, which is associated with improved maternal and infant health outcomes, including reduced rates of preterm birth and lower stress levels during childbirth. This directly benefits the physical and mental well-being of vulnerable mothers and their newborns.

    HealthcarePeopleRef: Sec. 1(1)-(2): 'The department must make reasonable accommodations for the provision of available midwifery or doula services...'

  • Expanding home detention eligibility for parents in the residential parenting program allows incarcerated parents to maintain physical proximity to their children for an additional six months. This strengthens family bonds and reduces the trauma of separation, which is critical for child development and family stability.

    HousingPeopleRef: Sec. 2(1)(b): 'For an incarcerated individual... who is participating in the residential parenting program... no more than the final 18 months... may be served in partial confinement as home detention'

  • The bill broadens eligibility to include expectant parents and those with established relationships to minor children, regardless of whether the relationship existed at the time of the offense. This ensures that more parents have the opportunity to engage in rehabilitation and maintain family ties, supporting their right to family unity and reducing the likelihood of recidivism through social connection.

    Rights & LibertiesPeopleRef: Sec. 2(2)(e)(ii)-(iii): 'An expectant parent... A biological parent, adoptive parent, custodian, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child'

  • Mandating coordination with DCYF and tribal child welfare agencies ensures that child welfare concerns are integrated into the decision-making process for home detention. This collaborative approach prioritizes the safety and well-being of children involved in open welfare cases, ensuring that placement decisions are informed by comprehensive child welfare data.

    Public SafetyPeopleRef: Sec. 2(4)-(5): 'The department shall inquire of the individual and the department of children, youth, and families... The department will seek input from the department of children, youth, and families or the involved tribal jurisdiction'
Potential Concerns (3)

  • The bill explicitly shields the Department of Corrections from liability for acts committed by participants in the parenting program, unless the department acted with 'willful and wanton disregard.' This legal protection reduces the financial and legal exposure for the state agency, potentially lowering the incentive for rigorous vetting or supervision of high-risk individuals placed in the community.

    Public SafetyLean industryRef: Sec. 2(5): 'The department and its officers, agents, and employees are not liable for the acts of incarcerated individuals participating in the parenting program unless the department or its officers, agents, and employees acted with willful and wanton disregard.'

  • The expansion of home detention eligibility and the mandate for electronic monitoring and case management will increase operational costs for the Department of Corrections. These new administrative and technological expenses are funded by the state, representing a reallocation of public funds that could otherwise be directed toward other public safety or social services.

    FinancialRef: Sec. 2(7)(a)-(b): 'Require the individual to be placed on electronic home monitoring; Require the individual to participate in programming and treatment...'

  • While the bill excludes sex and serious violent offenders, it still allows individuals with other felony convictions to serve time in the community. Critics argue that any reduction in incarceration for felony offenders, even non-violent ones, poses a marginal public safety risk to communities that may not have the resources to support intensive supervision or reintegration services.

    Public SafetyLean industryRef: Sec. 2(2)(b)-(c): 'The incarcerated individual has no current conviction for a felony that is classified as a sex offense or a serious violent offense...'

Who Is Most Affected

  • Incarcerated Parents and Expectant ParentsPositive Impact

    Incarcerated parents, particularly those who are pregnant or have young children, will have access to better medical support during childbirth and the opportunity to serve more of their sentence in the community with their families.

  • Department of Corrections (DOC)Mixed Impact

    The Department of Corrections will face increased administrative burdens, including the need to coordinate with child welfare agencies, manage electronic monitoring, and provide new health services, which may strain existing resources and staff capacity.

  • Children of Incarcerated ParentsMixed Impact

    Children of incarcerated parents may benefit from increased parental involvement and stability, but they may also face risks if the home detention environment is not adequately supervised or if the parent's reintegration is unsuccessful.

  • Department of Children, Youth, and Families (DCYF) and Tribal Child Welfare AgenciesMixed Impact

    DCYF and tribal child welfare agencies will have a formal role in the decision-making process for home detention placements, which may increase their workload but also give them greater influence in protecting child welfare.

  • Community Members and NeighborhoodsMixed Impact

    Community members may have concerns about public safety due to the increased number of felony offenders in the community, but they may also benefit from reduced recidivism rates and stronger family units in their neighborhoods.