For offenders not sentenced under RCW 9.94A.655, but otherwise eligible under this section, no more than the final twelve months of the offender's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department.

     (1) The secretary may transfer an offender from a correctional facility to home detention in the community if it is determined that the parenting program is an appropriate placement and when all of the following conditions exist:

     (a) The offender is serving a sentence in which the high end of the range is greater than one year;

     (b) The offender has no current conviction for a felony that is a sex offense or a violent offense;

     (c) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence;

     (d) The offender signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court;

     (e) The offender:

     (i) Has physical or legal custody of a minor child;

     (ii) Has a proven, established, ongoing, and substantial relationship with his or her minor child that existed prior to the commission of the current offense; or

     (iii) Is a legal guardian of a child that was under the age of eighteen at the time of the current offense; and

     (f) The department determines that such a placement is in the best interests of the child.

     (2) When the department is considering partial confinement as part of the parenting program for an offender, the department shall inquire of the individual and the children's administration with the Washington state department of social and health services whether the agency has an open child welfare case or prior substantiated referral for abuse or neglect involving the offender. If the children's administration or a tribal jurisdiction has an open child welfare case, the department will seek input from the children's administration or the involved tribal jurisdiction as to: (a) The status of the child welfare case; and (b) recommendations regarding placement of the offender and services required of the department and the court governing the individual's child welfare case. The department and its officers, agents, and employees are not liable for the acts of offenders participating in the parenting program unless the department or its officers, agents, and employees acted with willful and wanton disregard.

     (3) All offenders placed on home detention as part of the parenting program shall provide an approved residence and living arrangement prior to transfer to home detention.

     (4) While in the community on home detention as part of the parenting program, the department shall:

     (a) Require the offender to be placed on electronic home monitoring;

     (b) Require the offender to participate in programming and treatment that the department determines is needed;

     (c) Assign a community corrections officer who will monitor the offender's compliance with conditions of partial confinement and programming requirements; and

     (d) If the offender has an open child welfare case with the children's administration, collaborate and communicate with the identified social worker in the provision of services.

     (5) The department has the authority to return any offender serving partial confinement in the parenting program to total confinement if the offender is not complying with sentence requirements.

[2010 c 224 § 8.]