HOUSE BILL REPORT

EHB 1272

BYRepresentatives H. Sommers, Hankins and Crane;by request of Department of Corrections

Revising department of corrections employee assault benefits.

House Committe on State Government

Majority Report:  Do pass with amendments.  (9)

      Signed by Representatives H. Sommers, Chair; Anderson, Vice Chair; Baugher, Chandler, Hankins, O'Brien, Peery, Taylor and Walk.

House Staff:Ken Conte (786-7135)

AS PASSED HOUSE JANUARY 29, 1988

BACKGROUND:

In 1984, the Legislature created a supplementary program to partially reimburse employees of state correctional institutions who miss work as a result of being victims of inmate assaults.

Reimbursement may be made under this program only if the Secretary of the Department of Corrections or the Secretary's designee believes the employee's absence is justified.  In addition, the Secretary or the Secretary's designee must find that:  (1) the employee was assaulted and received injuries requiring the employee to miss days of work, and (2) the assault was not a result of the employee's negligence, misconduct or failure to comply with the conditions or rules of employment.  The reimbursement authorized under this program is to be available for not more than one year.

The reimbursement provided by this program is to conform to the following:

(1) The employee shall not be required to use sick leave for the days missed;

(2) The employee is to receive full pay for those days for which the employee is not eligible for Workers' Compensation under chapter 51.32 RCW;

(3) For those days for which the employee is eligible for Workers' Compensation, the employee is to be reimbursed in an amount which, when added to the Workers' Compensation provided under chapter 51.32 RCW, will allow the employee to receive full pay; and

(4) The employee will not be eligible for reimbursement if the employee does not diligently pursue Workers' Compensation benefits provided under chapter 51.32 RCW.

In 1986 and 1987 this same reimbursement program was extended to institutional care employees of the Department of Social and Health Services and the Department of Veterans Affairs respectively.

There are currently 3,426 employees of correctional institutions who are covered by the 1984 supplemental reimbursement program.  During the last four years (1984 through 1987) there have been 57 requests for reimbursement under this program, of which 51 requests were granted.  These 51 requests accounted for a total of 1,406 days missed from work and a cost to the Department of Corrections of approximately $45,000. (Workers' Compensation covers approximately 60 percent of the employees' salaries.  The Department of Corrections' costs represent the remaining 40 percent.)

The Department of Corrections currently has 448 employees working in community corrections offices.  Since 1981, the Department reports five incidents in which an employee of a community corrections office was assaulted while performing official duties.  Only one of these five incidents resulted in the employee losing time from work.

Employees of community corrections offices are not covered under the 1984 supplemental reimbursement program because they do not work in correctional institutions.

SUMMARY:

The supplemental reimbursement program for employees of correctional institutions who are assaulted on the job is extended to cover employees of community corrections offices who are assaulted by offenders.

Offender is defined as an inmate, an offender as defined under the Sentencing Reform Act, or any other person in the custody of or under the jurisdiction of the Department of Corrections.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Al Eckroth, Department of Corrections; Mark Brown, Washington Federation of State Employees.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This is an equity bill; community corrections office employees deal with the same clients as institutional employees.  This bill gives them some benefits if they are assaulted while performing their official duties.  This is a logical extension of the Legislature's policy to protect its employees who are engaged in hazardous work.

House Committee - Testimony Against:      None Presented.