Bill Text For SB1612 - Engrossed

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