AN ACT Relating to
offender work programs; and amending RCW 72.09.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 72.09.100 and 1992 c
123 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 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 correctional
industries. If the director cannot reasonably determine the comparable wage,
then the pay shall not be less than the federal minimum wage.
An inmate who is
employed in the class I program of correctional industries shall not be
eligible for unemployment compensation benefits pursuant to any of the
provisions of Title 50 RCW until released on parole or discharged.
(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 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 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 wage paid for 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)) inmate, 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.
