AN ACT
Relating to inmate work programs; and amending RCW 72.09.100 and 82.29A.130.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
72.09.100 and 1990 c 22 s 1 are each amended to read as follows:
It is
the intent of the legislature to vest in the department the power to provide
for a comprehensive inmate work program and to remove statutory and other
restrictions which have limited work programs in the past. For purposes of
establishing such a comprehensive program, the legislature recommends that the
department consider adopting any or all, or any variation of, the following
classes of 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 department. The organization shall produce goods or services for sale to
both the public and private sector.
The
customer model industries in this class shall be operated and managed by the
department to provide Washington state manufacturers or businesses with
products or services currently produced or provided by out-of-state or foreign
suppliers. The correctional industries board of directors shall review these
proposed industries before the department contracts to provide such products or
services. The review shall include an analysis of the potential impact of the
proposed products and services on the Washington state business community and
labor market.
The
department of corrections shall supply appropriate security and custody
services without charge to the participating firms.
Inmates
who work in free venture industries shall do so at their own choice. They
shall be paid a wage ((not less than sixty percent of the approximate
prevailing wage within the state for the occupation)) comparable to the
wage paid for work of a similar nature in the locality in which the industry is
located, as determined by the director of ((the)) correctional
industries ((division)). If the director ((finds that he))
cannot reasonably determine the comparable wage, then the pay shall not
be less than the federal minimum wage.
(2)
CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be
state-owned and operated enterprises designed to reduce the costs 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 but with the objective of reducing
public support costs rather than making a profit. The products and services of
this industry, including purchased products and services necessary for a
complete product line, may be sold to public agencies, to nonprofit
organizations, and to private contractors when the goods purchased will be
ultimately used by a public agency or a 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.
Correctional industries products and services shall be reviewed by the
correctional industries board of directors before offering such products and
services for sale to private contractors. The board of directors shall conduct
a yearly marketing review of the products and services offered under this
subsection. Such review shall include an analysis of the potential impact of
the proposed products and services on the Washington state business community. To
avoid waste or spoilage and consequent loss to the state, when there is no
public sector market for such goods, byproducts and surpluses of timber,
agricultural, and animal husbandry enterprises may be sold to private persons,
at private sale. Surplus ((by-products)) byproducts 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 secretary.
Security
and custody services shall be provided without charge by the department of
corrections.
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 ((federal
minimum)) wage paid for work of a similar nature in the locality in
which the industry is located and which is approved by the director of
correctional industries.
(3)
CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall
be operated by the department of corrections. They shall be designed and
managed to accomplish the following objectives:
(a)
Whenever possible, to provide basic work training and experience so that the
inmate will be able to qualify for better work both within correctional
industries and the free community. It is not intended that an inmate's work
within this class of industries should be his or her final and total work
experience as an inmate.
(b) Whenever
possible, to provide forty hours of work or work training per week.
(c)
Whenever possible, to offset tax and other public support costs.
Supervising,
management, and custody staff shall be employees of the department.
All
able and eligible inmates who are assigned work and who are not working in
other classes of industries shall work in this class.
Except
for inmates who work in work training programs, inmates in this class shall be
paid for their work in accordance with an inmate gratuity scale. The scale
shall be adopted by the secretary of corrections.
(4)
CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be
operated by the department of corrections. They shall be designed and managed
to provide services in the inmate's resident community at a reduced cost. The
services shall be provided to public agencies, to persons who are poor or
infirm, or to nonprofit organizations.
Inmates
in this program shall reside in facilities owned by, contracted for, or
licensed by the department of corrections. A unit of local government shall
provide work supervision services without charge to the state and shall pay the
inmate's wage.
The
department of corrections shall reimburse participating units of local
government for liability and workers compensation insurance costs.
Inmates
who work in this class of industries shall do so at their own choice and shall
receive a gratuity which shall not exceed the ((minimum)) wage paid
for ((their)) work of a similar nature in the locality in which the
industry is located.
(5)
CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject
to supervision by the department of corrections. The purpose of this class of
industries is to enable an offender, placed on community supervision, to work
off all or part of a community service order as ordered by the sentencing
court.
Employment
shall be in a community service program operated by the state, local units of
government, or a nonprofit agency.
To the
extent that funds are specifically made available for such purposes, the
department of corrections shall reimburse nonprofit agencies for workers
compensation insurance costs.
Sec.
2. RCW
82.29A.130 and 1975-'76 2nd ex.s. c 61 s 13 are each amended to read as
follows:
The
following leasehold interests shall be exempt from taxes imposed pursuant to
RCW 82.29A.030 and 82.29A.040:
(1)
All leasehold interests constituting a part of the operating properties of any
public utility which is assessed and taxed as a public utility pursuant to
chapter 84.12 RCW.
(2)
All leasehold interests in facilities owned or used by a school, college or
university which leasehold provides housing for students and which is otherwise
exempt from taxation under provisions of RCW 84.36.010 and 84.36.050.
(3)
All leasehold interests of subsidized housing where the fee ownership of such
property is vested in the government of the United States, or the state of
Washington or any political subdivision thereof but only if income
qualification exists for such housing.
(4)
All leasehold interests used for fair purposes of a nonprofit fair association
that sponsors or conducts a fair or fairs which receive support from revenues
collected pursuant to RCW 67.16.100 and allocated by the director of the
department of agriculture where the fee ownership of such property is vested in
the government of the United States, the state of Washington or any of its
political subdivisions: PROVIDED, That this exemption shall not apply to the
leasehold interest of any sublessee of such nonprofit fair association if such
leasehold interest would be taxable if it were the primary lease.
(5)
All leasehold interests in any property of any public entity used as a
residence by an employee of that public entity who is required as a condition
of employment to live in the publicly owned property.
(6)
All leasehold interests held by enrolled Indians of lands owned or held by any
Indian or Indian tribe where the fee ownership of such property is vested in or
held in trust by the United States and which are not subleased to other than to
a lessee which would qualify pursuant to this chapter, RCW 84.36.451 and
84.40.175.
(7)
All leasehold interests in any real property of any Indian or Indian tribe,
band, or community that is held in trust by the United States or is subject to
a restriction against alienation imposed by the United States: PROVIDED, That
this exemption shall apply only where it is determined that contract rent paid
is greater than or equal to ninety percent of fair market rental, to be
determined by the department of revenue using the same criteria used to
establish taxable rent in RCW 82.29A.020(2)(b).
(8)
All leasehold interests for which annual taxable rent is less than two hundred
fifty dollars per year. For purposes of this subsection leasehold interests
held by the same lessee in contiguous properties owned by the same lessor shall
be deemed a single leasehold interest.
(9)
All leasehold interests which give use or possession of the leased property for
a continuous period of less than thirty days: PROVIDED, That for purposes of
this subsection, successive leases or lease renewals giving substantially
continuous use of possession of the same property to the same lessee shall be
deemed a single leasehold interest: PROVIDED FURTHER, That no leasehold
interest shall be deemed to give use or possession for a period of less than
thirty days solely by virtue of the reservation by the public lessor of the
right to use the property or to allow third parties to use the property on an
occasional, temporary basis.
(10)
All leasehold interests under month-to-month leases in residential units rented
for residential purposes of the lessee pending destruction or removal for the
purpose of constructing a public highway or building.
(11)
All leasehold interests in any publicly owned real or personal property to the
extent such leasehold interests arises solely by virtue of a contract for
public improvements or work executed under the public works statutes of this
state or of the United States between the public owner of the property and a
contractor.
(12)
All leasehold interests that give use or possession of state adult correctional
facilities for the purposes of operating correctional industries under RCW
72.09.100.
