AN ACT Relating to city and county jail
industries; and adding a new chapter to Title 36 RCW.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
Cities and counties have a significant interest in ensuring that inmates in
their jails are productive citizens after their release in the community. The
legislature finds that there is an expressed need for cities and counties to
uniformly develop and coordinate jail industries technical information and
program and public safety standards state-wide. It further finds that
meaningful jail work industries programs that are linked to formal education
and adult literacy training can significantly reduce recidivism, the rising
costs of corrections, and criminal activities. It is the purpose and intent of
the legislature, through this chapter, to establish a state-wide jail
industries program designed to promote inmate rehabilitation through meaningful
work experience and reduce the costs of incarceration. The legislature
recognizes that inmates should have the responsibility for contributing to the
cost of their crime through the wages earned while working in jail industries
programs and that such income shall be used to offset the costs of implementing
and maintaining local jail industries programs and the costs of incarceration.
NEW SECTION. Sec. 2.
Unless the context clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Board" means the state-wide jail
industries board of directors.
(2) "City" means any city, town, or
code city.
(3) "Cost accounting center" means a
specific industry program operated under the private sector prison industry
enhancement certification program as specified in 18 U.S.C. Sec. 1761.
(4) "Court-ordered legal financial
obligation" means a sum of money that is ordered by a superior, district,
or municipal court of the state of Washington for payment of restitution to a
victim, a statutorily imposed crime victims compensation fee, court costs, a
county or interlocal drug fund, court appointed attorneys' fees and costs of
defense, fines, and other legal financial obligations that are assessed as a
result of a felony or misdemeanor conviction.
(5) "Free venture industries" means
types of industries which produce products, goods, or services through two
modalities: (a) Employer model: An agreement between city or county and a
private sector business or industry or nonprofit organization to produce goods
or services to both public and private sectors; (b) customer model: An
industry operated and managed to provide Washington state manufacturers or
businesses with products or services currently produced, provided, and
assembled by out-of-state or foreign suppliers.
(6) "Jail inmate" means a
preconviction or postconviction resident of a city or county jail who is
determined to be eligible to participate in jail inmate work programs according
to the eligibility criteria of the work program.
(7) "Private sector prison industry
enhancement certification program" means that program authorized by the
United States justice assistance act of 1984, 18 U.S.C. Sec. 1761.
NEW SECTION. Sec. 3. A
state-wide jail industries board of directors is established. The board shall
consist of the following members:
(1) One sheriff and one police chief, to be
selected by the Washington association of sheriffs and police chiefs;
(2) One county commissioner or one county
councilmember to be selected by the Washington state association of counties;
(3) One city official to be selected by the
association of Washington cities;
(4) Two jail administrators to be selected by
the Washington state jail association, one of whom shall be from a county or a
city with an established jail industries program;
(5) One prosecuting attorney to be selected by
the Washington association of prosecuting attorneys;
(6) One administrator from a city or county
corrections department to be selected by the Washington correctional
association;
(7) One county clerk to be selected by the
Washington association of county clerks;
(8) Three representatives from labor to be
selected by the governor. The representatives may be chosen from a list of
nominations provided by state-wide labor organizations representing a
cross-section of trade organizations;
(9) Three representatives from business to be
selected by the governor. The representatives may be chosen from a list of
nominations provided by state-wide business organizations representing a
cross-section of businesses, industries, and all sizes of employers;
(10) The governor's representative from the
employment security department;
(11) One member representing crime victims, to
be selected by the governor;
(12) One member representing on-line law
enforcement officers, to be selected by the governor;
(13) One member from the department of trade
and economic development to be selected by the governor;
(14) One member representing higher education,
vocational education, or adult basic education to be selected by the governor;
and
(15) The governor's representative from the
correctional industries division of the state department of corrections shall
be an ex officio member for the purpose of coordination and cooperation between
prison and jail industries and to further a positive relationship between state
and local government offender programs.
NEW SECTION. Sec. 4.
The board shall, at the request of a city or county, offer advice in
developing, promoting, and implementing consistent, safe, and efficient
offender work programs.
The board may also develop guidelines and
provide technical assistance for the coordination of jail industries programs
with basic educational programs.
NEW SECTION. Sec. 5.
The board shall require a city or a county that establishes a jail industries
program to develop a local advisory group, or to use an existing advisory group
of the appropriate composition, to advise and guide jail industries program
operations. Such an advisory group shall include an equal number of
representatives from labor and business. Representation from a sheltered workshop,
as defined in RCW 82.04.385, and a crime victim advocacy group, if existing in
the local area, should also be included.
A local advisory group shall have among its
tasks the responsibility of ensuring that a jail industry has minimal negative
impact on existing private industries or the labor force in the locale where
the industry operates and that a jail industry does not negatively affect
employment opportunities for people with developmental disabilities contracted
through the operation of sheltered workshops as defined in RCW 82.04.385. In
the event a conflict arises between the local business community or labor
organizations concerning new jail industries programs, products, services, or
wages, the city or county must use the arbitration process established pursuant
to section 6 of this act.
NEW SECTION. Sec. 6.
The board, in accordance with chapter 34.05 RCW, shall:
(1) Establish an arbitration process for
resolving conflicts arising among the local business community and labor
organizations concerning new industries programs, products, services, or wages;
(2) Encourage the development of the collection
and analysis of jail industries program data, including long-term tracking
information on offender recidivism;
(3) Determine, by applying established federal
guidelines and criteria, whether a city or a county jail free venture
industries program complies with the private sector prison industry enhancement
certification program. In so doing, also determine if that industry should be
designated as a cost accounting center for the purposes of the federal
certification program; and
(4) Provide technical assistance with product
marketing.
NEW SECTION. Sec. 7.
The board may receive funds from local, county, state, or federal sources and
may receive grants to support its activities. The board may establish a
reasonable schedule of suggested fees that will support state-wide efforts to
promote and facilitate jail industries that would be presented to cities and
counties that have established jail industries programs.
NEW SECTION. Sec. 8.
The board shall initially convene at the call of the representative of the
correctional industries division of the state department of corrections,
together with the jail administrator selected from a city or a county with an
established jail industries program, no later than six months after the
effective date of this act. Subsequent meetings of the board shall be at the
call of the board chairperson. The board shall meet at least twice a year.
The board shall elect a chairperson and other
such officers as it deems appropriate. However, the chairperson may not be the
representative of the correctional industries division of the state department
of corrections nor any representative from a state executive branch agency.
Members of the board shall serve terms of three
years each on a staggered schedule to be established by the first board. For
purposes of initiating a staggered schedule of terms, some members of the first
board may initially serve two years and some members may initially serve four
years.
The members of the board shall serve without
compensation but may be reimbursed for travel expenses from funds acquired
under this chapter.
NEW SECTION. Sec. 9. A
city or a county that implements a jail industries program may establish a
separate fund for the operation of the program. This fund shall be a special
revenue fund with continuing authority to receive income and pay expenses
associated with the jail industries program.
NEW SECTION. Sec. 10.
Cities and counties participating in jail industries are authorized to provide
for comprehensive work programs using jail inmate workers at worksites within
jail facilities or at such places within the city or county as may be directed
by the legislative authority of the city or county, as similarly provided under
RCW 36.28.100.
NEW SECTION. Sec. 11.
When an offender is employed in a jail industries program for which pay is
allowed, deductions may be made from these earnings for court-ordered legal
financial obligations as directed by the court in reasonable amounts that do
not unduly discourage the incentive to work. These deductions shall be
disbursed as directed in RCW 9.94A.145.
In addition, inmates working in jail industries
programs shall contribute toward costs to develop, implement, and operate jail
industries programs. This amount shall be a reasonable amount that does not
unduly discourage the incentive to work. The amount so deducted shall be
deposited in the jail industries special revenue fund.
Upon request of the offender, family support
may also be deducted and disbursed to a designated family member.
NEW SECTION. Sec. 12. A
jail inmate who works in a free venture industry shall be considered an
employee of that industry only for the purpose of the Washington industrial
safety and health act, chapter 49.17 RCW, as long as the public safety is not
compromised, and for eligibility for industrial insurance benefits under Title
51 RCW. However, eligibility for benefits for either the inmate or the
inmate's dependents or beneficiaries for temporary total disability or
permanent total disability under RCW 51.32.090 or 51.32.060, respectively,
shall not take effect until the inmate is discharged from custody by order of a
court of appropriate jurisdiction. Nothing in this section shall be construed
to confer eligibility for any industrial insurance benefits to any jail inmate
who is employed in a nonfree venture industry.
NEW SECTION. Sec. 13. In
the event of failure or discontinuance of a free venture industry agreement,
responsibility for obligations under Title 51 RCW shall be borne by the city or
county responsible for establishment of such free venture industry, as if the
city or county had been the employing agency.
NEW SECTION. Sec. 14. To
the extent possible, jail industries programs shall be augmented by education
and training to improve worker literacy and employability skills. Such
education and training may include, but is not limited to, basic adult
education, work towards a certificate of educational competence following
successful completion of the general educational development test, vocational
and preemployment work maturity skills training, and apprenticeship classes.
NEW SECTION. Sec. 15.
Until sufficient funding is secured by the board to adequately provide
staffing, basic staff assistance shall be provided, to the extent possible, by
the department of corrections.
NEW SECTION. Sec. 16.
Sections 1 through 15 of this act shall constitute a new chapter in Title 36
RCW.
NEW SECTION. Sec. 17. 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.
