S-2965

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

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) Except for a person sentenced to death or life imprisonment without possibility of release or parole, a 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 wages pursuant to RCW 72.09.100, the department of corrections shall automatically deduct ten percent of such earnings for deposit into the inmate's subsistence account. No maximum amount of mandatory saving may be established. The superintendent of the facility in which an inmate is confined may authorize the use of funds in the inmate's subsistence account for the support of the inmate's immediate family upon a showing of extreme financial need. Such use may not reduce the subsistence account to an amount below one hundred dollars.

(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 one hundred dollars upon release from confinement.

(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~~)) may 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~~)) including 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.

NEW SECTION. Sec. 4. RCW 72.02.110 and 1988 c 143 s 6, 1981 c 136 s 80, & 1971 ex.s. c 171 s 2 are each repealed.