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SB 1395

SB 1395 - Unless duly licensed in this state to practice law or law business, it is the unauthorized practice of law for any person, association, partnership, limited liability company, or corporation to provide papers, pleadings, or documents to be used in connection with pending or prospective court or administrative proceedings that are produced or generated through the use of artificial intelligence. KATIE O'BRIEN

2026 Regular Session

Requires the Department of Corrections to give incarcerated people with intellectual or developmental disabilities equitable access to education, work, and vocational programs, inc

Second Read and Referred S General Laws Committee
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Bill Summary · SB 1395

Summary — SB 1395

Title: Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act (INCARCERATED‑DISABILITIES)
Sponsor: Sen. Adriane Johnson
Latest amendment filed: Senate Amendment 001 (3/14/2025)
Status (as provided): Rule 3‑9(a) / Re‑referred to Assignments (6/02/2025)
Introduced: February 19, 2025
Effective date in latest amendment: January 1, 2026

Main purpose

SB 1395 requires the Department of Corrections to ensure incarcerated people who have an intellectual disability or a developmental disability receive equitable access to prison work assignments and to educational and vocational programs. The bill mandates certain accommodations (including waiving standardized test requirements) so these individuals can participate in programs and, where applicable, qualify for earned sentence credit on parity with other incarcerated individuals.

Key provisions

  • Test waivers as a reasonable accommodation:

    • Requires that “reasonable accommodations” include a waiver of any requirement that an incarcerated person with an intellectual or developmental disability take and pass the Test of Adult Basic Education (TABE) or any other exam the Department uses to determine access to educational programs, work assignments, or vocational programs.
    • Participation using this waiver (and other reasonable accommodations) shall qualify eligible incarcerated individuals to earn sentence credit consistent with opportunities provided to others.

  • Staff training and program supports:

    • Department staff, including educational personnel, must receive annual training on:
    • Identifying individuals with intellectual or developmental disabilities;
    • Providing accommodations and supports in educational, employment, and vocational settings; and
    • Administering appropriate alternative assessments.
    • Training programs must be developed in collaboration with disability advocacy organizations and educational institutions.

  • Compliance, grievance, and definitions:

    • The Department must implement the Act to ensure compliance with federal disability laws (Americans with Disabilities Act and the Rehabilitation Act of 1973).
    • Individuals denied access or accommodations under the Act may file grievances using the Department’s established procedures.
    • “Intellectual disability” and “developmental disability” are defined by cross‑reference to the Mental Health and Developmental Disabilities Code (e.g., Sections 1‑116 and 1‑106).

Who is affected

  • Primary beneficiaries: incarcerated individuals who have an intellectual disability or a developmental disability.
  • Affected entities: state Department of Corrections (policies, educational/vocational programs, and staff training), prison education providers, and disability advocacy organizations (as collaborators on training/program design).
  • Systemic effects: earned sentence credit processes and program admission criteria across correctional facilities.

Implementation & timeline

  • Under the most recent amendment, the Act takes effect January 1, 2026.
  • The Department will need to revise admission/assessment policies, develop and deliver annual staff training, and adopt procedures to apply waivers and alternative assessments.

Potential impacts and considerations

  • Expected benefits: increased access to rehabilitative education, better alignment with ADA/Rehabilitation Act obligations, improved equity in earned‑credit opportunities, and potential reductions in recidivism through improved program participation.
  • Operational considerations: administrative costs for training and program modification; need to balance accommodations with program integrity and safety/security requirements; potential need for clear clinical/assessment criteria to determine who qualifies for waivers and alternate assessments.
  • Legal/compliance effects: reduces potential ADA/Rehabilitation Act exposure by formalizing accommodations; may trigger review of earned sentence credit policies to ensure parity.

Legislative status & procedural notes

  • Introduced Feb 19, 2025; underwent amendment (Senate Amendment 001 filed 3/14/2025) which replaced the bill text with the current “Equitable Access…” language and sets an effective date of Jan 1, 2026.
  • Status reported as Rule 3‑9(a) / Re‑referred to Assignments (6/02/2025).

Compiled from official sources — confirm details with the bill’s official record.

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