SSB 5182
SignedSenate
Incarcerated parents
Concerning programs and services for incarcerated parents at the department of corrections.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
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.
Pro/Con Analysis
Potential Benefits (5)
Requires reasonable accommodations for doula and midwifery services—including access to health records and support during labor—for incarcerated individuals who are pregnant or postpartum, improving maternal health equity and reducing the dehumanizing effects of incarceration during childbirth.
HealthcarePeopleRef: Sec. 1(1), (2)(a), (2)(b), (2)(c)Expands eligibility for the parenting program to include expectant parents, adoptive parents, and those with an established relationship with a minor child—even if the relationship existed before the offense—reducing unnecessary family separation and supporting parent–child bonds, which are protective factors for child well-being and long-term rehabilitation.
Rights & LibertiesPeopleRef: Sec. 2(1)(b), (2)(d)(ii)-(iv), (9)(a)Mandates consultation with child welfare agencies and collaboration with social workers to ensure placement decisions consider child safety and family services, potentially reducing child welfare system involvement and improving long-term family stability.
Public SafetyPeopleRef: Sec. 2(1)(b), (2)(f), (5), (7)(d)Allows up to 18 months of home detention for participants in the residential parenting program, enabling parents to remain with their children during early developmental windows—reducing trauma for children and supporting housing stability for families upon reentry.
HousingPeopleRef: Sec. 2(1)(b), (7)(a)-(c)Strengthens risk-screening and compliance monitoring (e.g., electronic monitoring, case management, return-to-custody provisions) for participants, balancing rehabilitation with accountability—though this may increase surveillance burden on low-income families.
Public SafetyPeopleRef: Sec. 2(2)(a), (2)(b), (2)(c), (3), (7)(a)-(d)
Potential Concerns (5)
Expands access to doula and midwifery services for incarcerated pregnant individuals and new mothers—including physical, emotional, and breastfeeding support—may improve birth outcomes and postpartum health, especially for low-income and historically marginalized groups who face higher maternal mortality and morbidity rates.
HealthcarePeopleRef: Sec. 1(1), (2)(a), (2)(b), (2)(c); Sec. 2(2)(f), (4), (5)Expands eligibility for the parenting program to include expectant parents, adoptive parents, and those with an established relationship with a minor child—even if the relationship predated the offense—reducing unnecessary family separation and supporting parent–child bonds, which are protective factors for child well-being and long-term rehabilitation.
Rights & LibertiesPeopleRef: Sec. 2(1)(b), (2)(d)(ii)-(iv), (9)(a)Mandates consultation with child welfare agencies and collaboration with social workers to ensure placement decisions consider child safety and family services, potentially reducing child welfare system involvement and improving long-term family stability.
Public SafetyPeopleRef: Sec. 2(1)(b), (2)(f), (5), (7)(d)Allows up to 18 months of home detention for participants in the residential parenting program, enabling parents to remain with their children during early developmental windows—reducing trauma for children and supporting housing stability for families upon reentry.
HousingPeopleRef: Sec. 2(1)(b), (7)(a)-(c)Strengthens risk-screening and compliance monitoring (e.g., electronic monitoring, case management, return-to-custody provisions) for participants, balancing rehabilitation with accountability—though this may increase surveillance burden on low-income families.
Public SafetyPeopleRef: Sec. 2(2)(a), (2)(b), (2)(c), (3), (7)(a)-(d)
Who Is Most Affected
Incarcerated and formerly incarcerated parents—especially women, LGBTQ+ individuals, and people of color—will benefit most from reduced family separation, improved maternal health access, and continuity of care during and after pregnancy. However, those with serious violent or sex offenses remain excluded, and electronic monitoring may impose surveillance burdens.
Children of incarcerated parents—particularly those under age 5—will benefit from reduced trauma and increased continuity of care if their parent is placed in the parenting program. However, children may still face instability if the parent fails compliance or if child welfare involvement persists.
DCYF and tribal child welfare agencies gain formal consultation rights and input authority, improving coordination with corrections—but may face increased workload reviewing cases and providing recommendations without additional funding.
Community corrections officers and DOC staff will face added responsibilities—including information sharing, case management, and compliance monitoring—but may see improved outcomes for families and reduced recidivism over time.
Nonprofit doulas, midwives, and family support organizations may gain new contracting opportunities—but may face logistical and ethical challenges working within carceral settings and with limited resources.