H-1978

AN ACT Relating to correctional industries; adding new sections to chapter 72.60 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the lack of sufficient, appropriate, innovative, and meaningful work incentives programs in prison has contributed to the lack of a positive work ethic among offenders. This condition has resulted in an unfortunately high and increasing number of offenders who are unable to successfully transition to the working environment outside the prison. It also results in a high rate of recidivism, a harsher prison environment, and a higher likelihood that both society and the state will pay higher long-term prison costs. Furthermore, the legislature finds that meaningful training and education programs, combined with an opportunity to turn increased productivity or newly acquired skills into higher in-prison wages and improved accommodations, will serve to help offenders develop and acquire better work habits, learn necessary work skills, achieve a valuable sense of self worth, and gain educational opportunities that are intended to be positive for society and rehabilitative for the offender.

NEW SECTION. Sec. 2. A new section is added to chapter 72.60 RCW to read as follows:

The department of corrections shall develop, in accordance with RCW 72.09.010, and in cooperation with the contracted facility architect, engineer, and contractor, a comprehensive, innovative, and detailed site-specific design and specification plan for each correctional facility appropriated and authorized by the legislature in the 1989-1991 and 1991-1993 biennial budgets.

Each design plan shall include, but not be limited to, sufficient space and design elements that allow for meaningful and productive class I, class II, and Class IV employment opportunities for a total of fifty percent of the total employable inmates, educational opportunities, and incentives to promote the worth ethic, improve behavior, and increase production. The department shall identify and include in the design plans and specifications an array of incentives that can be purchased only by wages earned while working in correctional industries programs. Incentives may include, but are not limited to, recreational equipment and modular portable and other amenities that can be added to or taken out of the prison cell. The design requirements under this section shall be included in the overall design and construction plans submitted for bid to the general contractor for each facility.

The detailed plans and specifications for medium security facilities shall included the following design elements:

(1) Enough square footage of building space for not less that twenty-five percent of all employable inmates to participate in class I work opportunities and not less than twenty-five percent of all employable inmates to participate in class II employment opportunities.

(2) Ten percent of the total cells planned to be constructed shall contain modular portable or other amenities. The modular portable amenities shall be specified by the department in consultation with the contracted design engineers. Cells with the modular portable amenities shall be designed and constructed so that only departmental employees can install or remove the amenities.

The secretary of corrections shall be responsible for developing an incentives program that is facilitated by the design of the prison. The program shall be developed and administered so that inmates can earn higher wages based on department-specified educational achievements, performance, production, conduct, and behavior and use those wages to purchase an array of amenities. The amenities program shall promote the work ethic and mirror, as close as possible, the competitive work environment outside of the prison. The secretary shall establish by rule the additional amount inmates will be charged for use of the modular portable and other amenities and insure that the sale, lease, or rental of any amenity to an inmate results in a net revenue enhancement for the program. The department shall also establish the criteria for allocating the cells with modular portable amenities and insure that all allocations conform to incentive program goals. Only those inmates employed in class I and class II jobs shall participate in the incentives program. The department shall develop special program criteria for inmates with physical or mental handicaps so they can participate in the incentives program.

The secretary shall require all inmates to apply twenty-five percent of their gross wages earned while working in class I and class II correctional industries jobs to pay for room and board and amenities.

The department shall review all design elements and specifications and insure that the reasonable safety of all inmates is considered.

Funds recovered by the department from inmate wages, other than the amount an inmate owes for, taxes, legal financial obligation, and applied towards the victim restitution fund shall be returned to the department to pay for the cost of prison operations, as defined by the department.

NEW SECTION. Sec. 3. A new section is added to chapter 72.60 RCW to read as follows:

The department of corrections shall make every reasonable attempt possible to achieve the standards and goals outlined in sections 1 and 2 of this act. The department shall report to the appropriate committees of the legislature and the governor and outline the extent in which the department has reached the program standards and program goals outlined in section 2 of this act. The report shall be submitted by January 1, 1993, and every year after, until January 1, 1996. If the department is unable to achieve the standards and goals outlined in section 2 of this act it shall identify the reason why and suggest changes in the program. The report shall also include, but not be limited to, information about the ability to apply design changes that incorporate incentives, incentive program progress, net revenue enhancement to the department associated with the expansion of correctional industries work space and the incentives program, and action-oriented suggestions for expanding or modifying the program.

NEW SECTION. Sec. 4. 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.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.