1|ENGROSSED SENATE | |BILL NO. 1612 By: Anderson and Johnson | 2| (Constance) of the Senate | | | 3| and | | | 4| McDaniel (Jeannie) of the | | House | 5| | | | 6| | | | 7| [ children - creating the Advisory Council for | | | 8| Children of Incarcerated Parents - codification - | | | 9| effective date~- emergency~] | | | 10| | | | 11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 12| SECTION 1. NEW LAW A new section of law to be codified | | | 13|in the Oklahoma Statutes as Section 601.20 of Title 10, unless there | | | 14|is created a duplication in numbering, reads as follows: | | | 15| A. There is hereby created the Advisory Council for Children of | | | 16|Incarcerated Parents to develop, recommend, implement, and advise | | | 17|the Legislature and other policymakers of measures that promote the | | | 18|safety and well-being of children whose parents are incarcerated. | | | 19| B. The advisory council shall be composed of nineteen (19) | | | 20|members as follows: | | | 21| 1. The Director of the Department of Human Services, or | | | 22|designee; | | | 23| 2. The Executive Director of the Office of Juvenile Affairs, or | | | 24|designee; | | | arsid14892149 ENGR. S. B. NO. 1612 Page 1 ___________________________________________________________________________
1| 3. The State Commissioner of Health, or designee; | | | 2| 4. The Commissioner of Mental Health and Substance Abuse | | | 3|Services, or designee; | | | 4| 5. The Director of the Department of Corrections, or designee; | | | 5| 6. The State Superintendent of Public Instruction, or designee; | | | 6| 7. The Director of the Oklahoma Commission on Children and | | | 7|Youth, or designee; | | | 8| 8. The Executive Director of the District Attorneys Council, or | | | 9|designee; | | | 10| 9. A judge with experience in both criminal and juvenile | | | 11|proceedings to be appointed by the President Pro Tempore of the | | | 12|Senate; | | | 13| 10. A representative of an association of sheriffs and police | | | 14|chiefs in the state to be appointed by the President Pro Tempore of | | | 15|the Senate; | | | 16| 11. A representative of a program in the eastern part of the | | | 17|state that provides girls an opportunity to visit their incarcerated | | | 18|mothers and to participate in mother-daughter meetings to be | | | 19|appointed by the Speaker of the House of Representatives; | | | 20| 12. A member of the Post-Adjudication Review Board to be | | | 21|appointed by the Speaker of the House of Representatives; | | | 22| 13. A representative of the Department of Commerce to be | | | 23|appointed by the Governor; | | | 24| | | | arsid14892149 ENGR. S. B. NO. 1612 Page 2 ___________________________________________________________________________
1| 14. A representative from the University of Oklahoma with | | | 2|expertise in the area of incarcerated individuals and their children | | | 3|to be appointed by the President Pro Tempore of the Senate; | | | 4| 15. A representative from Oklahoma State University with | | | 5|expertise in the area of incarcerated individuals and their children | | | 6|to be appointed by the Speaker of the House of Representatives; | | | 7| 16. A representative of a community planning agency from the | | | 8|northeast quadrant of the state to be appointed by the President Pro | | | 9|Tempore of the Senate; | | | 10| 17. A representative of the faith community to be appointed by | | | 11|the Speaker of the House of Representatives; | | | 12| 18. A representative of an Indian tribe to be appointed by the | | | 13|Governor; and | | | 14| 19. A representative of the Governor's office to be appointed | | | 15|by the Governor. | | | 16| C. The advisory council shall have seven subcommittees as | | | 17|follows: | | | 18| 1. Safety protocols; | | | 19| 2. Data collection; | | | 20| 3. Outreach and education; | | | 21| 4. Economic supports; | | | 22| 5. Research; | | | 23| 6. Resource clearinghouse; and | | | 24| | | | arsid14892149 ENGR. S. B. NO. 1612 Page 3 ___________________________________________________________________________
1| 7. Review of existing legislation affecting children of | | | 2|incarcerated parents. | | | 3| D. The advisory council shall: | | | 4| 1. Develop and submit to the Governor, the President Pro | | | 5|Tempore of the Senate, and the Speaker of the House of | | | 6|Representatives a state plan no later than February 1, 2011, that | | | 7|identifies and coordinates services to children of incarcerated | | | 8|parents with the primary goal of promoting their safety and | | | 9|well-being; and | | | 10| 2. Provide oversight of the implementation of the state plan | | | 11|and responses to recommendations made by the advisory council. | | | 12| E. The state plan developed by the advisory council shall | | | 13|reflect the goals, outcomes, and recommendations of the seven | | | 14|subcommittees established in subsection C of this section. | | | 15| F. The advisory council's actions shall reflect the following | | | 16|principles which support Oklahoma children living without one or | | | 17|both parents due to incarceration: | | | 18| 1. A child of an incarcerated parent deserves to be kept safe | | | 19|and informed at the time of the parent's arrest; | | | 20| 2. A child of an incarcerated parent deserves to be heard when | | | 21|decisions are made about the child; | | | 22| 3. A child of an incarcerated parent deserves to be considered | | | 23|when decisions are made about the incarcerated parent; | | | 24| | | | arsid14892149 ENGR. S. B. NO. 1612 Page 4 ___________________________________________________________________________
1| 4. A child of an incarcerated parent deserves to be well cared | | | 2|for in the parent's absence; | | | 3| 5. A child of an incarcerated parent deserves to speak with, | | | 4|see, and touch the incarcerated parent during visitations as deemed | | | 5|appropriate and in the best interest of the child; | | | 6| 6. A child of an incarcerated parent deserves support as he or | | | 7|she struggles with the parent's incarceration; | | | 8| 7. A child of an incarcerated parent deserves not to be judged, | | | 9|blamed, or labeled because of the parent's incarceration; and | | | 10| 8. Unless limited by the court, a child of an incarcerated | | | 11|parent deserves to have a relationship with the parent until he or | | | 12|she becomes eighteen (18) years of age. | | | 13| G. The advisory council shall elect a chair and vice chair at | | | 14|the first meeting. | | | 15| H. The advisory council shall meet at least once monthly. | | | 16| I. Staff support for the advisory council shall be provided by | | | 17|the Oklahoma Commission on Children and Youth. | | | 18| J. Members of the advisory council shall serve without | | | 19|compensation, but shall be reimbursed by their appointing authority | | | 20|for necessary travel expenses incurred in the performance of their | | | 21|duties in accordance with the State Travel Reimbursement Act. | | | 22| K. The advisory council is authorized to solicit, receive, and | | | 23|pool funds from the federal government, any political subdivisions | | | 24|of the state, or any individual, foundation, or corporation, and may | | | arsid14892149 ENGR. S. B. NO. 1612 Page 5 ___________________________________________________________________________
1|expend those funds for purposes that are consistent with this | | | 2|section. | | | 3| L. The advisory council may make use of any resources, both | | | 4|public and private, that will provide information and analysis that | | | 5|assists in executing its statutory mission. | | | 6| SECTION 2. This act shall become effective July 1, 2010. | | | 7| SECTION 3. It being immediately necessary for the preservation | | | 8|of the public peace, health and safety, an emergency is hereby | | | 9|declared to exist, by reason whereof this act shall take effect and | | | 10|be in full force from and after its passage and approval. | | | 11| Passed the Senate the 25th day of February, 2010. | | | 12| | | | 13| | | Presiding Officer of the Senate | 14| | | | 15| Passed the House of Representatives the ____ day of __________, | | | 16|2010. | | | 17| | | | 18| | | Presiding Officer of the House | 19| of Representatives | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid14892149 ENGR. S. B. NO. 1612 Page 6© 2010-14 eCapitol, LLC. ALL RIGHTS RESERVED.
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