wa-law.org > bill > 2025-26 > HB 1147 > Substitute Bill
The legislature recognizes that people with direct lived experience are experts in their own lives and experience. The passage of the nothing about us without us act solidified our commitment to developing smart and inclusive policy with the leadership of directly impacted populations.
Those who are incarcerated or experiencing institutionalization face extraordinary barriers to civic participation, are most impacted by lawmaking, and benefit greatly by participating in society. Society also benefits tremendously when the treatment or rehabilitation of directly impacted people is accelerated by their inclusion in the civic process.
The legislature recognizes that:
Individuals within state institutions remain members of society throughout the duration and beyond the conclusion of their treatment, punishment, or commitment within those institutions;
All justice-involved individuals, including incarcerated individuals, and individuals experiencing institutionalization, are essential stakeholders in the laws and policies affecting their lives, and the voices of these individuals must be represented in civic processes to hold a functioning democracy;
People who are in prisons, state hospitals, and residential habilitation centers disproportionately come from marginalized communities. Removing segments of marginalized communities from civic processes through incarceration and institutionalization has a compounding effect that perpetuates the marginalization of disadvantaged communities overall;
Crime is a form of divestment from society, the social order, and the common good. Involuntary treatment and institutionalization teach isolation from society when individuals are in the most need of support. Conversely, civic engagement is a form of inclusion and investment in society towards the common good;
Individuals experiencing incarceration and institutionalization who invest in society during their incarceration and treatment are less likely to harm society after their release. Civically engaged individuals are essential to reducing harm both during and after their sentence and treatment;
Civically engaged individuals help bring underrepresented communities in from the margins, strengthening the fabric of society; and
Justice and treatment systems that value rehabilitation and inclusion in society will encourage and facilitate civic engagement and investment in the community.
The legislature finds that limiting the civic engagement of individuals serves no compelling governmental interest and has no legitimate penological objective.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Civic engagement" means to identify, learn about, and address issues of public concern with the aim to improve the quality of life in a community through political and nonpolitical actions. "Civic engagement" includes learning about ways that individuals can engage in civic systems.
"Political advocacy organizations" are groups that are organized by interest or identity that work to uplift the voices of their members and engage civically for the greater good.
Individuals currently incarcerated in adult and juvenile prisons, individuals living at residential habilitation centers, and individuals receiving treatment in a facility listed in RCW 72.23.175 have a right to civic engagement. All state agencies shall ensure to the greatest extent possible that individuals can fully exercise civic engagement, which includes but is not limited to the rights enumerated as follows:
Form political advocacy organizations or groups and/or use current groups or organizations within state institutions for the purpose of civic engagement to work with community members, organizations, institutions, and elected officials and their staff;
Organize and communicate with members of community groups, organizations, institutions, and elected officials and their staff;
Access classrooms, utility rooms, or other designated program areas within state institutions for group meetings with community members, organizations, institutions, holders of government office, and their staff;
Participate in teleconference and videoconference meetings and proceedings with community groups, working groups, legislative bodies, organizations, institutions, panels, or forums; and
Be free from punishment or retaliation for participating in civic processes or exercising these rights.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of promoting public safety, human rights, and applying the nothing about us without us act, chapter 43.18A RCW, RCW 72.09.135, 13.40.460, 72.05.130, 72.23.030, and 72.01.090.
An individual's right to civic engagement under section 2 of this act shall not be substantially burdened even if the burden results from a rule of general applicability, unless justified by a compelling state interest achieved by the least restrictive means.
Any violation of section 3 of this act must first be addressed through the available administrative remedies. Any internal violation of the administrative policy written and administered by a reviewing agency in addressing a complaint shall constitute administrative exhaustion. Lack of administrative exhaustion shall constitute an affirmative defense against enforcement of this act through judicial intervention.
If any individual or group seeking to exercise rights enumerated in section 3 of this act believes that an agency is unduly infringing on the exercise of the individual or group's rights, the individual or group may submit a petition to the office of equity. The right to petition the office of equity is independent of the administrative and judicial processes referenced in section 4 of this act and shall not be considered an administrative remedy for the purposes of exhaustion.
A civic engagement coordinator is established within the office of equity. The civic engagement coordinator shall:
Facilitate communication between individuals and groups exercising rights under section 3 of this act and the agency in which the individual is incarcerated, living, or receiving treatment in;
Provide technical assistance to agencies that are required to uphold the rights in section 3 of this act;
Accept petitions from individuals or groups seeking to exercise rights under section 3 of this act and determine whether the petition constitutes an exercise of civic engagement rights under section 3 of this act;
Upon determining that an activity described in a petition constitutes an exercise of rights under section 3 of this act, notify the applicable agency that the petition is an appropriate exercise of rights and that the agency must permit the individual or group to exercise their rights;
Support, as requested, an agency in facilitating all actions necessary for an individual or group to petition the office of equity or exercise civic engagement rights under section 3 of this act, after a petition is reviewed by the civic engagement coordinator;
Provide, when requested by the incarcerated or institutionalized individual, and in consultation with the secretary of state where appropriate, civic engagement and voter education programming and information; and
Support agencies in establishing, and, when necessary, implementing the compensation process, so that individuals exercising rights enumerated in section 3 of this act are properly compensated when allowed under RCW 43.03.220.
The applicable agency shall promptly facilitate all actions necessary for an individual or group to petition the office of equity and for the civic engagement coordinator to perform their responsibilities under this section.
The applicable agency shall report to the civic engagement coordinator whether a petition has been resolved 30 days after the civil engagement coordinator has responded to the petition. The agency shall work with the office of equity to facilitate communication with individuals or groups.
The office of equity shall develop and implement an accountability process to promote public transparency. Beginning October 31, 2027, and each October 31st thereafter, the office shall submit a report, in compliance with RCW 43.01.036, that includes data on the quantity of civic engagement activities occurring in prisons and institutions. The report must analyze, at a minimum, the requests, petitions, and incidences of completed civic engagement.
The office of equity shall coordinate with the secretary of state as needed to facilitate voting access and related activities.
Nothing in this act shall be construed to apply to local agencies or facilities and institutions which are operated by local agencies.