H-4178

AN ACT Relating to jail industries; and adding a new chapter to Title 36 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that there is an expressed need for a means by which cities and counties can uniformly develop and coordinate jail industries technical information and standards state-wide. It further finds that meaningful jail work industries programs that are linked to formal education and adult literacy training can reduce recidivism and in turn reduce the rising costs of corrections and criminal activities. It is the purpose and intent of the legislature, through this chapter, to organize the foundation of a state-wide jail industries program that recognizes four classes of jail inmate work programs designed to promote inmate rehabilitation through meaningful work experience. The legislature recognizes that inmates should have the responsibility for contributing to the cost of their crime through the wages earned while working in jail industries programs and that such income shall be used to offset the costs of implementing and maintaining local jail industries programs and also the costs of incarceration.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the state-wide board of directors for jail industries in the state of Washington.

(2) "Cost accounting center" means a specific industry program operated under the private sector prison industry enhancement certification program as specified in 18 U.S.C. Sec. 1761.

(3) "Court-ordered legal financial obligations" means a sum of money that is ordered by a superior, district, or municipal court of the state of Washington for payment of restitution to a victim, a statutorily imposed crime victims compensation fee, court costs, a county or interlocal drug fund, court appointed attorneys' fees and costs of defense, fines, and other legal financial obligations that are assessed as a result of a felony or misdemeanor conviction.

(4) "Customer model industry" means a class I, free venture industry that provides products or services which are currently produced or provided by out-of-state or foreign suppliers.

(5) "Employer model industry" means a class I, free venture industry based upon an agreement, between a city or county and a profit or nonprofit organization, which produces goods or services for sale to both the public and private sectors.

(6) "Jail inmate" means a preconviction or postconviction resident of a city or county jail who is determined eligible to participate in jail inmate work programs according to the eligibility criteria of the work program.

(7) "Private sector prison industry enhancement certification program" means that program authorized by the United States justice assistance act of 1984, 18 U.S.C. Sec. 1761.

NEW SECTION. Sec. 3. A state-wide jail industries board of directors is established. The board shall consist of the following members:

(1) One sheriff and one police chief, to be selected by the Washington association of sheriffs and police chiefs;

(2) One county commissioner or one county council member to be selected by the Washington association of counties;

(3) One city official to be selected by the association of Washington cities;

(4) Two jail administrators to be selected by the Washington association of jail administrators, one of whom shall be from a county or a city with an established jail industries program;

(5) One prosecuting attorney to be selected by the Washington association of prosecuting attorneys;

(6) One administrator from a city or county corrections department to be selected by the Washington correctional association;

(7) One county clerk to be selected by the Washington association of county clerks;

(8) Two representatives from labor to be selected by the governor;

(9) Two representatives from business to be selected by the governor;

(10) The governor's representative from the employment security department;

(11) One member representing crime victims, to be selected by the governor;

(12) One member representing on-line law enforcement officers, to be selected by the governor;

(13) One member from the department of trade and economic development to be selected by the governor; and

(14) The governor's representative from the correctional industries division of the state department of corrections shall be an ex officio member for the purpose of coordination and cooperation between prison and jail industries and to further a positive relationship between state and local government offender programs.

NEW SECTION. Sec. 4. The board shall, at the request of a city or county, offer advice in developing and implementing work programs designed to:

(1) Offer inmates employment, work experience, education, and training in vocations which may provide opportunities for legitimate means of livelihood upon their release from custody;

(2) Provide industries which will reduce the tax burden of cities and counties through the provision of services and the production of goods for use and sale, and charging inmates for program costs and the costs of incarceration; and

(3) Operate jail work programs in a safe, effective, and efficient manner which are consistent with sound private industry business practices.

NEW SECTION. Sec. 5. The board shall develop guidelines and provide technical assistance for the coordination of jail industries programs with basic educational programs to improve inmate literacy, to provide vocational screening and appropriate training, to evaluate substance abuse behaviors, and to provide for prerelease classes and consideration for postrelease placement.

NEW SECTION. Sec. 6. The board shall require a city or a county which establishes a jail industries program to develop a local advisory group, or to use an existing advisory group of the appropriate composition, to advise and guide program operations. Such an advisory group shall include an equal number of representatives of labor and business, as well as representation from a sheltered workshop in the local area as defined in RCW 82.04.385 and representation from a local crime victims advocacy group.

A local advisory group shall have among its tasks the responsibility of ensuring that a jail industry has minimal negative impact on existing private industries or the labor force in the locale where the industry operates and that a jail industry does not negatively affect employment opportunities for people with developmental disabilities contracted through the operation of sheltered workshops as defined in RCW 82.04.385.

NEW SECTION. Sec. 7. The board shall develop standards, in cooperation with the city and county jail industries programs, for the consistent, safe, and efficient operation of jail industries. The board shall thereafter develop and implement a process by which cities and counties may gain state-wide accreditation for operating jail industries that successfully comply with the standards so established.

NEW SECTION. Sec. 8. The board shall:

(1) Establish procedures for determining whether a city or a county jail industries program complies with the requirements of the private sector prison industry enhancement certification program;

(2) Determine whether a jail industries program shall be designated as a cost accounting center for the purposes of the private sector prison industry enhancement certification program, and determine whether any such designation previously approved shall be revoked;

(3) Monitor all designated jail industry programs to ensure continuing compliance with the rules promulgated by the United States department of justice under the provisions of the private sector prison industry enhancement certification program;

(4) Review proposed industries under the class I customer model and under class II, prior to the contracting of such products or services. Reviews shall be conducted to assess the potential impact of the proposed products and services on the Washington state business and labor community and to explore the potential for new markets for jail industries products and services;

(5) Develop a procedure for review and recommendations regarding jail industries wage scales;

(6) Establish an arbitration process for resolving conflicts arising among the local business community and labor organizations concerning new industries programs, products, services, or wages; and

(7) Encourage the development of the collection and analysis of jail industries program data, including long-term tracking information on recidivism.

NEW SECTION. Sec. 9. The board may receive funds from local, county, state, or federal sources and may receive grants to support its activities. The board may establish a reasonable schedule of fees to be charged to participating cities and counties.

NEW SECTION. Sec. 10. The board shall initially convene at the call of the representative of the correctional industries division of the state department of corrections, together with the jail administrator selected from a city or a county with an established jail industries program, no later than six months after the effective date of this act. Subsequent meetings of the board shall be at the call of the board chairperson. The board shall meet at least twice a year.

The board shall elect a chairperson and other such officers as it deems appropriate. However, the chairperson may not be the representative of the correctional industries division of the state department of corrections nor any representative from an executive branch agency.

Members of the board shall serve terms of three years each on a staggered schedule to be established by the first board. For purposes of initiating a staggered schedule of terms, some members of the first board may initially serve two years and some members may initially serve four years.

The members of the board shall serve without compensation but may be reimbursed for travel expenses from funds acquired under this chapter.

NEW SECTION. Sec. 11. A city or a county which implements a jail industry program classified as a class I, class II, class III, or class IV industry, may establish a separate fund for the operation of the program. This fund shall be a special revenue fund with continuing authority to receive income and pay expenses associated with the jail industry program.

NEW SECTION. Sec. 12. Cities and counties participating in jail industries are authorized to provide for comprehensive work programs using jail inmate workers at worksites within jail facilities or at such places within the city or county as may be directed by the legislative authority of the city or county, except as provided under RCW 36.28.100. For purposes of establishing such comprehensive programs, the legislature recommends that cities and counties consider adopting the following classes of jail work programs:

(1) Class I: Free venture industries. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the city or county. The organization may produce goods or services for sale to both the public and private sectors.

The customer model industries in this class shall be operated and managed to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers.

The city or county shall supply appropriate security and custody services to a participating organization.

Jail inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the elected official, department head, or designee administering jail industries of the city or county jail industries program in consultation with the local office of the employment security department. If the elected official, department head, or designee administering jail industries cannot reasonably determine the comparable wage, then the jail industries board may be consulted for resolution, but in no event shall the pay be less than the state or federal minimum wage.

(2) Class II: Tax reduction industries. Industries in this class shall be city-owned or county-owned enterprises designed to reduce the cost for goods and services for tax supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries.

The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies and nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Jail industries products and services in this class shall be reviewed by the jail industries board before offering such products and services to private contractors.

To avoid waste or spoilage and consequent loss to the city or county, when there is no public sector market for by-products and surpluses of timber, agricultural, and animal husbandry enterprises, such goods may be sold to private persons, at private sale. Surplus by-products and surpluses of timber, agricultural, and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the city or county.

Jail inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located, or may receive some other form of compensation, as determined by the elected official, department head, or designee administering jail industries.

Security, custody, and supervision shall be provided by the city or county.

(3) Class III: Jail support industries. Industries in this class shall be operated by the city or county jail. They shall be designed and managed to accomplish the following objectives whenever possible:

(a) Provide basic work training and experience so that the inmate will be able to qualify for better work both within jail industries and the free community;

(b) Provide twenty hours of work or work training per week on a regular schedule; and

Supervision, management, and security staff shall be employees of the city or county law and justice system.

All able and eligible jail inmates who are assigned work may work in this class.

Jail inmates in this class may be paid for their work in accordance with an inmate gratuity scale or other method of compensation, as determined by the elected official, department head, or designee administering jail industries.

(4) Class IV: Community work industries. Industries in this class may be operated by a city or county jail or other unit of local government. They shall be designed and managed to provide services in the community at reduced cost.

Inmate workers in this class may reside in facilities owned, or contracted for, by the city, county, or other unit of government, or may be participating in programs of partial confinement.

Supervision, security, and work supervision shall be supplied by city or county law and justice employees.

Jail inmates who work in this class of industries shall do so at their own choice and may receive a gratuity which shall not exceed the minimum wage, or may receive another form of compensation, as determined by the elected official, department head, or designee administering jail industries.

NEW SECTION. Sec. 13. All inmates working in jail industry programs for which the compensation is a wage shall contribute toward the reduction of the costs of corrections, including costs to develop, implement, and operate jail industries programs. This amount shall be a reasonable amount which will not unduly discourage the incentive to work. The amount so deducted shall be deposited in the jail industries special revenue fund.

The elected official, department head, or designee administering jail industries may direct that deductions from inmate wages be made for, and disbursed to, crime victims compensation, program fees, restitution, court fines and other legal financial obligations, incarceration costs, family support, or savings.

NEW SECTION. Sec. 14. A jail inmate who works in class I free venture industries under section 12(1) of this act or class II tax reduction industries under section 12(2) of this act shall be considered an employee only for the purpose of the Washington industrial safety and health act, chapter 49.17 RCW, as long as the public safety is not compromised, and for eligibility for industrial insurance benefits under Title 51 RCW. However, eligibility for benefits for either the inmate or the inmate's dependents or beneficiaries for temporary disability or permanent total disability under RCW 51.32.090 or 51.32.060, respectively, shall not take effect until the inmate is discharged from custody upon expiration of the sentence, or discharged from custody by order of a court of appropriate jurisdiction. Nothing in this section shall be construed to confer eligibility for any industrial insurance benefits to any jail inmate who is employed in class III or class IV jail industries under section 12 (3) and (4) of this act.

NEW SECTION. Sec. 15. To the extent possible, the four classes of jail industries programs under section 12 of this act shall be augmented by education and training to improve worker literacy and employability skills. Such education and training may include, but is not limited to, basic adult education, work towards a certificate of educational competence which follows successful completion of the general educational development test, vocational and preemployment work maturity skills training, and apprenticeship classes.

NEW SECTION. Sec. 16. Until sufficient funding is secured by the board to adequately provide staffing, basic staff assistance shall be provided, to the extent possible, by the department of corrections.

NEW SECTION. Sec. 17. Sections 1 through 16 of this act shall constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.