S-2123

AN ACT Relating to subsistence payments for offenders upon release from confinement; amending RCW 72.02.100 and 72.02.110; adding a new section to chapter 72.02 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that reintegration of an offender into the community is crucial to preventing recidivism of the offender. The legislature further finds that the acquisition and retention of gainful employment is of paramount importance in reintegrating the offender by reducing opportunities to commit criminal acts. The legislature further finds that an offender requires a minimum amount of subsistence in order to cover personal and living expenses while such person is actively seeking employment. Accordingly, the legislature finds that each person serving a term of confinement in a state correctional facility should assume responsibility for saving a portion of any earnings accumulated from the labor or employment of such person while confined for purposes of paying his or her immediate personal and living expenses upon release from confinement.

NEW SECTION. Sec. 2. A new section is added to chapter 72.02 RCW to read as follows:

(1) Any person serving a sentence for a term of confinement in a state correctional facility for convicted felons shall be required to allocate a portion of any earnings accumulated through the labor or employment of the inmate towards a subsistence account for use by the inmate upon his or her release from confinement.

For each inmate earning at least fifty dollars per month, the department of corrections shall automatically deduct ten percent of such earnings for deposit into the inmate's subsistence account. Each inmate earning less than fifty dollars per month shall have three percent of such earnings deducted for deposit into the inmate's subsistence account. Inmates who provide financial support to their families through such earnings shall be exempt from the requirements of this subsection.

(2) The department of corrections shall establish a separate subsistence account for each inmate within the existing institutional resident deposit account as established by the office of financial management pursuant to RCW 43.88.195.

(3) Those inmates who are unable to work due to medical reasons shall be entitled to and shall be supplied by the superintendent of the state correctional facility with the sum of forty dollars upon release from confinement. Up to sixty additional dollars may be made available to the parolee for necessary personal and living expenses upon application to and approval by such inmate's community corrections officer.

(4) For purposes of this section, "subsistence account" means an account established by the department of corrections on behalf of and for the use and benefit of each inmate upon the inmate's release from confinement.

Sec. 3. RCW 72.02.100 and 1988 c 143 s 5 are each amended to read as follows:

Any person serving a sentence for a term of confinement in a state correctional facility for convicted felons, pursuant to court commitment, who is thereafter released upon an order of parole of the indeterminate ((~~sentencing~~)) sentence review board, or who is discharged from custody upon expiration of sentence, or who is ordered discharged from custody by a court of appropriate jurisdiction, shall be entitled to retain his or her earnings from labor or employment while in confinement and shall be supplied by the superintendent of the state correctional facility with suitable and presentable clothing((~~, the sum of forty dollars for subsistence,~~)) and transportation by the least expensive method of public transportation not to exceed the cost of one hundred dollars to his or her place of residence or the place designated in his or her parole plan, or to the place from which committed if such person is being discharged on expiration of sentence, or discharged from custody by a court of appropriate jurisdiction((: PROVIDED, That up to sixty additional dollars may be made available to the parolee for necessary personal and living expenses upon application to and approval by such person's community corrections officer)). If in the opinion of the superintendent suitable arrangements have been made to provide the person to be released with suitable clothing and/or the expenses of transportation, the superintendent may consent to such arrangement. If the superintendent has reasonable cause to believe that the person to be released has ample funds, with the exception of earnings from labor or employment while in confinement, to assume the expenses of clothing((,)) and transportation, ((~~or the expenses for which payments made pursuant to RCW 72.02.100 or 72.02.110 or any one or more of such expenses,~~)) the person released shall be required to assume such expenses.

Sec. 4. RCW 72.02.110 and 1988 c 143 s 6 are each amended to read as follows:

As state, federal, or other funds are available, the secretary of corrections or his or her designee is authorized, in his or her discretion, ((~~not to provide the forty dollars subsistence money or the optional sixty dollars to a person or persons released as described in RCW 72.02.100, and instead~~)) to utilize the authorization and procedure contained in this section relative to such person or persons.

Any person designated by the secretary serving a sentence for a term of confinement in a state correctional facility for convicted felons, pursuant to court commitment, who is thereafter released upon an order of parole of the indeterminate ((~~sentencing~~)) sentence review board, or is discharged from custody upon expiration of sentence, or is ordered discharged from custody by a court of appropriate jurisdiction, shall receive the sum of fifty-five dollars per week for a period of up to six weeks. The initial weekly payment shall be made to such person upon his or her release or parole by the superintendent of the institution. Subsequent weekly payments shall be made to such person by the community corrections officer at the office of such officer. In addition to the initial six weekly payments provided for in this section, a community corrections officer and his or her supervisor may, at ((~~their~~)) his or her discretion, continue such payments up to a maximum of twenty additional weeks when they are satisfied that such person is actively seeking employment and that such payments are necessary to continue the efforts of such person to gain employment: PROVIDED, That if, at the time of release or parole, in the opinion of the superintendent funds are otherwise available to such person, with the exception of earnings from labor or employment while in confinement, such weekly sums of money or part thereof shall not be provided to such person.

When a person receiving such payments provided for in this section becomes employed, he or she may continue to receive payments for two weeks after the date he or she becomes employed but payments made after he or she becomes employed shall be discontinued as of the date he or she is first paid for such employment: PROVIDED, That no person shall receive payments for a period exceeding the twenty-six week maximum as established in this section.

The secretary of corrections may annually adjust the amount of weekly payment provided for in this section to reflect changes in the cost of living and the purchasing power of the sum set for the previous year.