2010-S2.E AMS WM S3322.1

2010-S2.E AMS WM S3322.1

E2SHB 2010 - S COMM AMD

By Committee on Ways & Means

ADOPTED 4/14/95

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the increasing number of inmates incarcerated in state correctional institutions, and the expenses associated with their incarceration, require expanded efforts to contain corrections costs. Cost containment requires improved planning and oversight, and increased accountability and responsibility on the part of both inmates and the department.

The legislature further finds that motivating inmates to participate in meaningful education and work programs in order to learn transferable skills and earn basic privileges is an effective and efficient way to meet the penological objectives of the corrections system.

The purpose of this act is to assist the department in fulfilling its mission, specifically to reduce offender recidivism, to mirror the values of the community by clearly linking inmate behavior to the receipt of privileges, and to prudently manage the resources it receives through the tax dollars of law-abiding citizens. This purpose is accomplished through the implementation of specific cost-control measures and the creation of a planning and oversight process that will improve the department's effectiveness and efficiency.

Sec. 2. RCW 72.09.010 and 1981 c 136 s 2 are each amended to read as follows:

It is the intent of the legislature to establish a comprehensive system of corrections for convicted law violators within the state of Washington to accomplish the following objectives.

(1) The system should ensure the public safety. The system should be designed and managed to provide the maximum feasible safety for the persons and property of the general public, the staff, and the inmates.

(2) The system should punish the offender for violating the laws of the state of Washington. This punishment should generally be limited to the denial of liberty of the offender.

(3) The system should positively impact offenders by stressing personal responsibility and accountability and by discouraging recidivism.

(4) The system should treat all offenders fairly and equitably without regard to race, religion, sex, national origin, residence, or social condition.

((~~(4)~~)) (5) The system, as much as possible, should reflect the values of the community including:

(a) Avoiding idleness. Idleness is not only wasteful but destructive to the individual and to the community.

(b) Adoption of the work ethic. It is the community expectation that all citizens should work and through their efforts benefit both themselves and the community.

(c) Providing opportunities for self improvement. All individuals should have opportunities to grow and expand their skills and abilities so as to fulfill their role in the community.

(d) ((~~Providing tangible rewards for accomplishment.~~)) Linking the receipt or denial of privileges to responsible behavior and accomplishments. The individual who works to improve himself or herself and the community should be rewarded for these efforts. As a corollary, there should be no rewards for no effort.

(e) Sharing in the obligations of the community. All citizens, the public and inmates alike, have a personal and fiscal obligation in the corrections system. All communities must share in the responsibility of the corrections system.

((~~(5)~~)) (6) The system should provide for prudent management of resources. The avoidance of unnecessary or inefficient public expenditures on the part of offenders and the department is essential. Offenders must be accountable to the department, and the department must be accountable to the public and the legislature. The human and fiscal resources of the community are limited. The management and use of these resources can be enhanced by wise investment, productive programs, the reduction of duplication and waste, and the joining together of all involved parties in a common endeavor. Since virtually all offenders return to the community, it is wise for the state and the communities to make an investment in effective rehabilitation programs for offenders and the wise use of resources.

((~~(6)~~)) (7) The system should provide for restitution. Those who have damaged others, persons or property, have a responsibility to make restitution for these damages.

((~~(7)~~)) (8) The system should be accountable to the citizens of the state. In return, the individual citizens and local units of government must meet their responsibilities to make the corrections system effective.

((~~(8)~~)) (9) The system should meet those national standards which the state determines to be appropriate.

Sec. 3. RCW 72.09.015 and 1987 c 312 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter.

(1) ((~~"Department" means the department of corrections.~~

~~(2) "Secretary" means the secretary of corrections.~~

~~(3) "County" refers to a county or combination of counties.~~

~~(4)~~)) "Base level of correctional services" means the minimum level of field services the department of corrections is required by statute to provide for the supervision and monitoring of offenders.

(2) "Contraband" means any object or communication that the secretary determines shall not be allowed to be (a) brought into; (b) possessed while on the grounds of; or (c) sent from any institution under the control of the secretary.

(3) "County" refers to a county or combination of counties.

(4) "Department" means the department of corrections.

(5) "Earned early release" means earned early release as authorized by RCW 9.94A.150.

(6) "Extended family visit" means an authorized visit between an inmate and a member or members of his or her immediate family that occurs in a private visiting unit located at the correctional facility where the inmate is confined.

(7) "Good conduct" means compliance with department rules and standards.

(8) "Good performance" means successful completion of any program required by the department, including an education, work, or other program.

(9) "Immediate family" means the inmate's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, and a person legally married to an inmate. "Immediate family" does not include an inmate adopted by another inmate or the immediate family of the adopted or adopting inmate.

(10) "Privilege" means any goods or services, education or work programs, or earned early release days, the receipt of which is directly linked to the good conduct or good performance of an inmate confined in an institution under the jurisdiction of the department. Privileges do not include any goods or services that the department is required to provide under the state or federal Constitution or under state or federal law.

(11) "Secretary" means the secretary of corrections.

(12) "Work programs" means all classes of correctional industries jobs authorized by RCW 72.09.100.

Sec. 4. RCW 72.09.020 and 1988 c 153 s 7 are each amended to read as follows:

For purposes of this chapter, "inmate" means any person committed to the custody of the department, including but not limited to persons residing in a correctional institution or facility ((~~and~~)), persons released on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.

NEW SECTION. Sec. 5. A new section is added to chapter 72.09 RCW to read as follows:

(1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted from participation under subsection (2) of this section. Eligible inmates who refuse to participate in available education or work programs shall lose inmate privileges according to the system established under RCW 72.09.130. The legislature recognizes that more inmates may agree to participate in education and work programs than are currently available. Accordingly, the department must give priority to placing inmates in available education and work programs who will be most likely to achieve significant personal and public benefit from the programs, and the department must prioritize available resources to work toward the goal of full participation as soon as possible.

(2) The department shall establish, in rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines that an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section. When the department determines that an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical conditions of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

(3) The department shall establish, in rule, the standards for participation in department-approved education and work programs. The standards shall address the following areas:

(a) Assessment. The department shall assess all inmates for their educational history, basic skills and literacy level, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the corrections system, are returning to the corrections system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall periodically reassess the basic skills, literacy level, and vocational or work skills of inmates to ensure that they are participating in programming appropriate to their level of academic and technical competency.

(b) Placement. The department shall place inmates in appropriate education and work programs utilizing criteria to evaluate an inmate's likelihood of achieving significant benefit from the programming. The placement criteria shall include at least the following factors:

(i) An inmate's release date and custody level;

(ii) An inmate's educational history, basic skills, and literacy level;

(iii) An inmate's work history, and vocational or work skills;

(iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

(v) Where applicable, an inmate's prior performance in department-approved education or work programs.

(c) Performance and goals. The department shall establish inmate behavior standards and program goals for all education or work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals.

(d) Financial responsibility. The department shall establish a formula by which inmates will pay all or a portion of the costs of participating in community college associate of arts degree programs, baccalaureate degree programs, and postbaccalaureate degree programs, including tuition, books, and fees. The formula will consider the inmates' ability to pay and the department's efforts to maintain a cost-efficient level of enrollment in programs for which it contracts with community colleges. When an inmate voluntarily chooses to participate in a postsecondary education program into which he or she has not been placed by the department under (b) of this subsection, the inmate must pay the full tuition costs of the postsecondary education program charged by the community colleges under contract with the department.

(e) An inmate sentenced to life without the possibility of release may participate in education programs, including English as a second language, adult basic education, general equivalency degree, high school diploma, or any associate, baccalaureate, or post-baccalaureate degree, only if he or she pays all tuition costs and fees of the program and only if space is available in the program after all other eligible inmates have been offered the opportunity to participate, except that inmates sentenced to life without the possibility of release who require vocational training to participate in a correctional industries job may participate in the vocational training under the same placement, performance, and financial responsibility standards as other inmates.

(4) The department shall coordinate educational and work programming opportunities among its several institutions, to the greatest extent possible, to facilitate continuity of programming for inmates who are transferred between institutions. Prior to transferring inmates enrolled in programs, the department shall consider the effect the transfer will have on an inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit any transfer that is necessary for legitimate safety or security reasons.

(5) Before the construction of any new correctional institution or the expansion of any existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for educational and training purposes in the institution. The plan shall specify how the use of television in the educational and training programs will improve inmates' preparedness for available correctional industries jobs and job opportunities for which inmates may qualify upon release.

Sec. 6. RCW 72.09.130 and 1981 c 136 s 17 are each amended to read as follows:

(1) The department shall adopt, in rule, a system ((~~providing incentives for good conduct and disincentives for poor conduct~~)) that clearly links an inmate's behavior and participation in available education and work programs with the receipt or denial of earned early release days and other privileges. The system ((~~may~~)) shall include increases or decreases in the degree of liberty granted the inmate within the programs operated by the department, access to or withholding of privileges available within correctional institutions, and recommended increases or decreases in the number of earned early release days that an inmate can earn for good conduct and good performance.

(2) Earned early release days shall be recommended by the department as a form of tangible reward for accomplishment. The system shall be fair, measurable, and understandable to offenders, staff, and the public. At least once in each twelve-month period, the department shall inform the offender in writing as to his or her conduct and performance. This written evaluation shall include reasons for awarding or not awarding recommended earned early release days for good conduct and good performance. ((The term "good performance" as used in this section means successfully performing a work, work training, or educational task to levels of expectation as specified in writing by the department. The term "good conduct" as used in this section refers to compliance with department rules.

~~Within one year after July 1, 1981, the department shall adopt, and provide a written description of, the system.~~)) An inmate is not eligible to receive earned early release days during any time in which he or she refuses to participate in an available education or work program into which he or she has been placed by the department pursuant to section 5 of this act.

(3) The department shall provide a ((~~copy of this~~)) written description of the system to each offender in its custody.

NEW SECTION. Sec. 7. A new section is added to chapter 72.09 RCW to read as follows:

To the greatest extent practical, all inmates shall contribute to the cost of inmate privileges provided by the department. The department shall establish standards by which inmates will pay a significant portion of the department's capital and operating costs of providing all inmate privileges, including but not limited to television cable access, extended family visitation, weight lifting and other recreational sports equipment and supplies, and associated staff supervision costs. Inmate contributions may be in the form of individual user fees assessed against an inmate's institution account, deductions from an inmate's gross wages or gratuities, or inmates' collective contributions to the institutional welfare/betterment fund. The contribution standards shall consider the assets available to inmates, the costs of administrating compliance with the contribution requirements, and shall not be unduly destructive of the work ethic.

NEW SECTION. Sec. 8. A new section is added to chapter 72.09 RCW to read as follows:

The secretary shall adopt in rule a uniform policy that prohibits receipt or possession of anything that is determined to be contraband. The rule shall provide maximum protection of legitimate penological interests, including prison security and order. The rule shall protect the legitimate interests of the public and inmates in the exchange of ideas. The secretary shall establish a method of reviewing all incoming and outgoing material, consistent with constitutional constraints, for the purpose of confiscating anything determined to be contraband.

NEW SECTION. Sec. 9. A new section is added to chapter 72.09 RCW to read as follows:

(1) The extended family visitation program is a privilege that the department may allow an inmate to participate in only after the superintendent determines an inmate is eligible. All extended family visits must be approved in advance by the superintendent or the superintendent's designee, who may cancel, interrupt, suspend, or terminate any visit for good cause.

(2) The department shall adopt, in rule, standards for participation in the extended family visitation program. The standards shall provide eligible inmates the opportunity, subject to the approval of the superintendent or the superintendent's designee, to maintain relationships with authorized family members, to maintain marriages and relationships that existed prior to incarceration, and to provide an incentive for inmates to maintain positive attitudes and behaviors while incarcerated. The standards shall address at least the following areas:

(a) Eligibility. The eligibility standards for inmates and their proposed visitors shall include at least the following factors for consideration:

(i) An inmate's release date and custody level. An inmate confined in maximum or close custody, in an intensive management unit, or in disciplinary or administrative segregation is not eligible to participate in an extended family visit;

(ii) An inmate's infraction history while incarcerated;

(iii) An inmate's prior criminal offense history;

(iv) The nature of the offense for which the inmate is incarcerated and whether the proposed visitor was a victim of the inmate's offense;

(v) When available, the opinion of a licensed medical practitioner or mental health professional as to the appropriateness of an extended family visit between an inmate and the proposed visitor or visitors;

(vi) The criminal history of the proposed visitor or visitors;

(vii) Where applicable, the conduct of the inmate and the proposed visitor or visitors during prior extended family visits.

(b) Conduct during visits. The department shall establish standards for the conduct of inmates and visitors participating in the extended family visitation program that protect the safety of visitors and preserve the orderly operation of the correctional institution.

Sec. 10. RCW 4.24.130 and 1992 c 30 s 1 are each amended to read as follows:

(1) Any person desiring a change of his or her name or that of his or her child or ward, may apply therefor to the district court of the judicial district in which he or she resides, by petition setting forth the reasons for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former.

(2) An offender under the jurisdiction of the department of corrections who applies to change his or her name under subsection (1) of this section shall submit a copy of the application to the department of corrections no less than five days prior to the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate penological goals, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the department of corrections who receives an order changing his or her name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor.

(3) The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor.

NEW SECTION. Sec. 11. A new section is added to chapter 72.09 RCW to read as follows:

The department may require an offender who obtains an order under RCW 4.24.130 changing his or her name to use the name under which he or she was committed to the department during all official communications with department personnel and in all matters relating to the offender's incarceration or community supervision. Violation of this section is a misdemeanor.

Sec. 12. RCW 72.10.020 and 1989 c 157 s 3 are each amended to read as follows:

(1) The department may develop and implement a health services plan for the delivery of health care services to ((~~inmates~~)) offenders in the department's ((~~custody~~)) correctional facilities, at the discretion of the secretary, and in conformity with state and federal law.

(2) In order to discourage the unwarranted use of health care services caused by unnecessary visits to health care providers, offenders shall participate in the costs of their health care services by paying a nominal amount of no less than three dollars per visit, determined by the secretary. Pursuant to the authority granted in RCW 72.01.050(2), the secretary may authorize the superintendent to collect this amount for health care services directly from an offender's institution account. All copayments collected from offenders' institution accounts shall be deposited into the general fund.

(3) Offenders are required to make copayments for health care visits that are offender initiated. Offenders are not required to pay for emergency treatment or for visits initiated by health care staff or treatment of those conditions that constitute a serious health care need.

(4) No offender may be refused any health care service because of indigence.

(5) At no time shall the withdrawal of funds for the payment of a medical service copayment result in reducing an offender's institution account to an amount less than the defined level of indigency as determined by the department. When an offender's institution account contains less money than the defined level of indigency at the time a copayment is assessed, the assessment shall be recorded as an outstanding debt and may be collected from an offender's institution account at any time sufficient funds become available.

Sec. 13. RCW 72.10.010 and 1989 c 157 s 2 are each amended to read as follows:

As used in this chapter:

(1) "Department" means the department of corrections.

(2) "Health care practitioner" means an individual or firm licensed or certified to actively engage in a regulated health profession.

(3) "Health profession" means ((~~and includes~~)) those licensed or regulated professions set forth in RCW 18.120.020(4).

(4) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, federally approved renal dialysis center or facility ((~~federally approved under 42 CFR 405.2100~~)), or federally licensed blood bank ((~~federally licensed under 21 CFR 607~~)).

(5) "Health care services" means ((~~and includes~~)) medical, dental, and mental health care services.

(6) "Secretary" means the secretary of the department of corrections.

(7) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections.

NEW SECTION. Sec. 14. A new section is added to chapter 72.10 RCW to read as follows:

No later than October 1, 1996, and every year thereafter, the department shall report to the legislature the following information for the preceding fiscal year: (1) The total number of health care visits made by offenders; (2) the total number of copayments assessed; (3) the total dollar amount of copayments collected; (4) the total number of copayments that were not assessed or collected due to an offender's indigence; and (5) the total number of copayments that were not assessed due to the serious or emergent nature of the health care treatment, or because the health care visit was not offender initiated. The first report prepared by the department shall include, at a minimum, all available information collected during the second half of fiscal year 1996.

NEW SECTION. Sec. 15. A new section is added to chapter 72.10 RCW to read as follows:

Upon entry into the adult correctional system, offenders shall receive an initial medical examination. The department shall prepare a health profile for each offender that includes at least the following information: (1) An identification of the offender's serious medical and dental needs; (2) an evaluation of the offender's capacity for work and recreation; and (3) a financial assessment of the offender's ability to pay for all or a portion of his or her health care services from personal resources or private insurance.

NEW SECTION. Sec. 16. The department shall adopt rules to implement sections 12 through 15 of this act.

Sec. 17. RCW 72.10.030 and 1989 c 157 s 4 are each amended to read as follows:

(1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents as may be necessary to provide basic medical care to inmates. The contracts shall not cause the termination of classified employees of the department rendering the services at the time the contract is executed.

(2) In contracting for services, the secretary is authorized to provide for indemnification of health care practitioners who cannot obtain professional liability insurance through reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith performance or failure of performance of services on behalf of the department. The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees. The Washington state health care authority shall contract with a private research company to conduct a review of corrections health services to determine if certain components of the health services system such as dental care, eye care, or laboratory work, could be provided more efficiently by contracting out for the services. The review shall be submitted to the legislature by December 1, 1996. The decision to implement any recommendations made in the report regarding contracting out any or all components of the health services system shall be made by the legislature and not by the secretary.

Sec. 18. RCW 9.94A.137 and 1993 c 338 s 4 are each amended to read as follows:

(1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:

((~~(a)~~)) (i) Is sentenced to a term of total confinement of not less than ((~~twenty-two~~)) sixteen months or more than thirty-six months;

((~~(b)~~)) (ii) Is ((~~between the ages of~~)) eighteen ((~~and twenty-eight~~)) years of age or older; and

((~~(c)~~)) (iii) Has no current or prior convictions for any sex offenses or for violent offenses other than drug offenses for manufacturing, possession, delivery, or intent to deliver a controlled substance.

(b) An offender is not eligible to participate in the work ethic camp if the offender is found, at any time, to be an illegal alien or the subject of a hard detainer or deportation order. Any offender who is found to be an illegal alien or becomes the subject of a hard detainer or deportation order after being sentenced to or beginning the work ethic camp shall be immediately removed from the work ethic camp program.

(c) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

(2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp. The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement. ((~~The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement.~~)) In sentencing an offender to the work ethic camp, the court shall specify: (i) That upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement; (ii) the applicable conditions of supervision on community custody status as authorized by RCW 9.94A.120(8)(b) and (c); and (iii) which conditions, if violated, may result in a return to total confinement for the balance of the offender's remaining time of confinement. The department may identify offenders who are eligible for the work ethic camp and, with concurrence from the sentencing judge, may refer the offender to the work ethic camp and adjust time served and community custody requirements as prescribed in this section.

(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless (a) the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, (b) the department determines that the offender's custody level prevents placement in the program, or (c) the offender refuses to agree to the terms and conditions of the program.

((~~(4)~~)) (5) An ((~~inmate~~)) offender who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.

(((5) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.))

(6) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.

Sec. 19. RCW 9.94A.120 and 1994 c 1 s 2 (Initiative Measure No. 593) and 1993 c 31 s 3 are each reenacted and amended to read as follows:

When a person is convicted of a felony, the court shall impose punishment as provided in this section.

(1) Except as authorized in subsections (2), (4), (5), and (7) of this section, the court shall impose a sentence within the sentence range for the offense.

(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

(4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

(5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

(a) Devote time to a specific employment or occupation;

(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(e) Report as directed to the court and a community corrections officer; or

(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

(6) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(7)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

(A) Frequency and type of contact between offender and therapist;

(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

(D) Anticipated length of treatment; and

(E) Recommended crime-related prohibitions.

The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

(A) The court shall place the defendant on community supervision for the length of the suspended sentence or three years, whichever is greater; and

(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

(I) Devote time to a specific employment or occupation;

(II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(III) Report as directed to the court and a community corrections officer;

(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community supervision, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community supervision.

(v) The court may revoke the suspended sentence at any time during the period of community supervision and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.

(vi) Except as provided in (a)(vii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

(vii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (7) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (7) and the rules adopted by the department of health.

For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

(b) When an offender is convicted of any felony sex offense committed before July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, order the offender committed for up to thirty days to the custody of the secretary of social and health services for evaluation and report to the court on the offender's amenability to treatment at these facilities. If the secretary of social and health services cannot begin the evaluation within thirty days of the court's order of commitment, the offender shall be transferred to the state for confinement pending an opportunity to be evaluated at the appropriate facility. The court shall review the reports and may order that the term of confinement imposed be served in the sexual offender treatment program at the location determined by the secretary of social and health services or the secretary's designee, only if the report indicates that the offender is amenable to the treatment program provided at these facilities. The offender shall be transferred to the state pending placement in the treatment program. Any offender who has escaped from the treatment program shall be referred back to the sentencing court.

If the offender does not comply with the conditions of the treatment program, the secretary of social and health services may refer the matter to the sentencing court. The sentencing court shall commit the offender to the department of corrections to serve the balance of the term of confinement.

If the offender successfully completes the treatment program before the expiration of the term of confinement, the court may convert the balance of confinement to community supervision and may place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of community supervision, the court may order the offender to serve out the balance of the community supervision term in confinement in the custody of the department of corrections.

After June 30, 1993, this subsection (b) shall cease to have effect.

(c) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

Nothing in (c) of this subsection shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (c) does not apply to any crime committed after July 1, 1990.

(d) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

(8)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or serious violent offense committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

(iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;

(iv) An offender in community custody shall not unlawfully possess controlled substances;

(v) The offender shall pay supervision fees as determined by the department of corrections; and

(vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.

(i) The offender shall remain within, or outside of, a specified geographical boundary;

(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

(iii) The offender shall participate in crime-related treatment or counseling services;

(iv) The offender shall not consume alcohol; or

(v) The offender shall comply with any crime-related prohibitions.

(d) As a part of any sentence providing for conversion from total confinement to community custody pursuant to RCW 9.94A.137(2) after successful completion of a work ethic camp program, the court shall impose and enforce the conditions enumerated in (b) of this subsection and may order any of the special conditions enumerated in (c) of this subsection, including a prohibition against new felony convictions. The court shall specify which of the conditions, if violated, may result in a return to total confinement for the balance of the offender's remaining term of confinement.

(e) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

(9) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

(10) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

(11) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(12) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the secretary of the department of corrections or such person as the secretary may designate and shall follow explicitly the instructions of the secretary including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment. The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

(13) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

(14) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

(15) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

(16) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

(17) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

(18) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

(19) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.

NEW SECTION. Sec. 20. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department shall establish an illegal alien offender transition camp and be ready to assign inmates to the camp no later than July 1, 1996. The secretary shall locate the illegal alien offender transition camp within an already existing department compound or facility.

(2) The department shall develop all aspects of the illegal alien offender transition camp program including, but not limited to, residential arrangements, program standards, conduct standards, individual and team work goals, and measures to hold the offender accountable for his or her behavior. The secretary shall define successful completion of the program, based on successful attendance, participation, and performance. The illegal alien offender transition camp shall be designed and implemented so that offenders are engaged in work activities and unstructured time is kept to a minimum. The standards for work performance, physical work activities, and offenders' rights and responsibilities shall be equivalent to those of the work ethic camp for general inmates.

NEW SECTION. Sec. 21. A new section is added to chapter 9.94A RCW to read as follows:

(1) An offender is eligible to be sentenced to an illegal alien offender transition camp if the offender:

(a) Is an illegal alien who can be released to the United States immigration and naturalization service for deportation at the time of the offender's release from the camp;

(b) Is sentenced to a term of total confinement of not less than sixteen or more than thirty-six months;

(d) Has no current or prior convictions for any sex offenses or violent offenses other than drug offenses for manufacturing, possession, delivery, or intent to deliver a controlled substance; and

(e) Agrees in writing as required by subsection (5) of this section to the terms and conditions for participation.

(2) The length of the illegal alien offender transition camp program shall be at least one hundred twenty days and not more than one hundred eighty days.

(3) If the sentencing judge determines that an offender is potentially eligible for the illegal alien offender transition camp and is likely to meet the requirements of subsection (6) of this section, the judge shall impose a sentence of total standard confinement within the standard range and shall recommend that the offender serve the sentence at an illegal alien offender transition camp. The sentence shall provide that the offender shall serve one day in the transition camp for every three days of total standard confinement. In sentencing an offender to the illegal alien offender transition camp, the court shall specify that: (a) Upon completion of the illegal alien offender transition camp program, the offender shall be released within ten days to the custody of the immigration and naturalization service to be deported to his or her native country; and (b) in the event an offender cannot be released to the custody of the immigration and naturalization service within ten days, the department may detain the offender in the illegal alien offender transition camp for up to sixty days.

(4) The department may identify offenders under its jurisdiction who are or become eligible for the illegal alien offender transition camp and, with concurrence from the sentencing judge and the prosecuting attorney, may refer the offenders to the illegal alien offender transition camp and adjust time served as prescribed in subsection (2) of this section.

(5) The department shall notify the immigration and naturalization service of all suspected illegal alien offenders under its jurisdiction and request that the immigration and naturalization service begin deportation proceedings as expeditiously as possible. The department, in cooperation with the immigration and naturalization service, shall seek accelerated hearings for all suspected illegal aliens under its jurisdiction to facilitate their removal from the country upon their release by the department as soon as possible.

(6) An illegal alien offender who meets the eligibility requirements of subsection (1)(a) through (d) of this section shall be informed by the sentencing court or the department of his or her potential for participating in the illegal alien offender transition camp. The terms and conditions of the illegal alien offender transition camp shall be provided to the illegal alien offender, both verbally and in writing, in his or her native language. An illegal alien offender must agree in writing to the terms and conditions of the illegal alien offender transition camp at the time of sentencing or at the time of transfer to the camp.

NEW SECTION. Sec. 22. A new section is added to chapter 72.09 RCW to read as follows:

(1) The secretary shall establish, at each institution with an inmate population of more than one hundred, a corrections advisory team. The team shall consist of two representatives from management personnel, two representatives from personnel represented by an exclusive bargaining unit selected by those personnel, and not more than three persons from among the education or work programs operating within the institution. The secretary shall invite other groups to select a representative to serve on the team, including but not limited to the following:

(a) The superior court judges in the county in which the institution is located;

(b) The prosecuting attorney for the county in which the institution is located;

(d) A sheriff or police chief whose jurisdiction includes or is in close proximity of the institution; and

(e) An organization whose primary purpose is advocacy of the interests of crime victims.

(2) The team shall have the following duties:

(a) Review existing or proposed work and education programs for the purpose of commenting on the program's cost-effectiveness and impact on recidivism;

(b) Suggest revisions in existing, or addition of new, programs in the institution; and

(3) The superintendent of each institution identified in this section shall annually prepare a report to the secretary on the work of the team in his or her institution. The report shall include the superintendent's response to recommendations made by the team. The secretary shall collect and forward the reports to the legislature not later than December 1 of each year, together with such recommendations as the secretary finds appropriate.

(4) The secretary shall provide reasonably necessary support, within available funds, for the teams to carry out their duties under this section.

(5) Members of a team shall be eligible for travel expenses and per diem under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 23. A new section is added to chapter 72.09 RCW to read as follows:

(1) There is hereby created a joint committee on corrections cost-efficiencies oversight. The committee shall consist of: (a) Two members of the senate appointed by the president of the senate, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party; and (b) two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party.

(2) The committee shall elect a chair and a vice-chair. The chair shall be a member of the senate in even-numbered years and a member of the house of representatives in odd-numbered years.

(3) The committee shall have the following powers and duties:

(a) Review all reports required under section 28 of this act;

(b) Review all reports and recommendations submitted by the corrections advisory teams under section 22 of this act;

(d) Review all rules proposed by the department of corrections to ensure consistency with the purpose of chapter . . ., Laws of 1995 (this act);

(e) Periodically make recommendations to the legislature and the governor regarding corrections cost-efficiencies and programmatic improvements; and

(f) By December 1, 1996, report to the legislature on the amount of actual and projected cost savings within the department during the 1995-97 biennium and report its further recommendations to address expenditure growth in the department.

(4) The joint committee on corrections oversight shall terminate on July 1, 1997.

NEW SECTION. Sec. 24. The legislature finds that the responsibility for criminal activity should fall squarely on the criminal. To the greatest extent possible society should not be expected to have to pay the price for crimes twice, once for the criminal activity and again by feeding, clothing, and housing the criminal. The corrections system should be the first place criminals are given the opportunity to be responsible for paying for their criminal act, not just through the loss of their personal freedom, but by making financial contributions to alleviate the pain and suffering of victims of crime.

NEW SECTION. Sec. 25. A new section is added to chapter 72.09 RCW to read as follows:

Each year the department shall transfer twenty-five percent of the total annual revenues and receipts received in each institutional betterment fund subaccount to the department of labor and industries for the purpose of providing direct benefits to crime victims through the crime victims' compensation program as outlined in chapter 7.68 RCW. This transfer takes priority over any expenditure of betterment funds and shall be reflected on the monthly financial statements of each institution's betterment fund subaccount.

Any funds so transferred to the department of labor and industries shall be in addition to the crime victims' compensation amount provided in an omnibus appropriation bill. It is the intent of the legislature that the funds forecasted or transferred pursuant to this section shall not reduce the funding levels provided by appropriation.

Sec. 26. RCW 7.68.090 and 1973 1st ex.s. c 122 s 9 are each amended to read as follows:

The director shall establish such fund or funds, separate from existing funds, necessary to administer this chapter, and payment to these funds shall be from legislative appropriation, statutory provision, reimbursement and subrogation as provided in this chapter, and from any contributions or grants specifically so directed.

Sec. 27. RCW 43.17.200 and 1983 c 204 s 4 are each amended to read as follows:

All state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art created by Washington state artists. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses, or other buildings of a temporary nature.

NEW SECTION. Sec. 28. The department of corrections shall conduct the following reviews and prepare the following reports:

(1) The secretary shall review the feasibility and desirability of reducing the use of paid educational and vocational instructors by increasing the use of volunteer instructors and implementing technological efficiencies. Upon completion of the review, the secretary shall submit a report of the secretary's findings and recommendations to the legislature and the joint committee on corrections cost-efficiencies oversight by December 1, 1995.

(2) The secretary shall seek federal funding for the incarceration of undocumented felons. The secretary shall also pursue amendments to the federal transfer treaty program to facilitate deportation of undocumented alien offenders, specifically current treaties that require voluntary participation by the offender and loss of jurisdiction by the sending agency. The secretary shall seek enforcement of and pursue amendments to current federal sanctions for alien reentry, specifically amendments to the allowance of at least two prior felony convictions and at least two prior deportations before indictment for reentry is considered. The secretary shall submit a report on the secretary's progress to the legislature and the joint committee on corrections cost-efficiencies oversight by December 1, 1995.

(3) The secretary shall review current perimeter security technologies and designs that could minimize or eliminate the need for staffed perimeter guard towers at medium and maximum custody correctional institutions. Upon completion of the review, the secretary shall submit a report to the legislature and the joint committee on corrections cost-efficiencies oversight on the secretary's findings and recommendations by December 1, 1995.

(4) The secretary shall review the feasibility and desirability of implementing a "hot bunking" or "stacking" system that would allow prison beds to be used on a rotational basis. The review shall include at least the following: (a) A fiscal analysis of the capital and operating costs of implementing a twelve-hour scheduled rotation where each prison cell and bed could be used by multiple inmates; and (b) an analysis of how the department would address safety issues that might arise from a rotation system that increases the amount of time inmates would spend out of their cells. Upon completion of the review, the secretary shall submit a report to the legislature and the joint committee on corrections cost-efficiencies oversight on the secretary's findings and recommendations by December 1, 1995.

NEW SECTION. Sec. 29. The department shall cooperate in the preparation of the following reviews and reports:

(1) The legislative budget committee shall review staffing ratios within the department. The review shall identify the ratio of management to nonmanagement staff and the distribution of management and nonmanagement staff throughout each of the department's divisions, institutions, and programs. Upon completion of the review, the legislative budget committee shall submit a report of its findings and recommendations to the legislature and the advisory team by December 1, 1995. If specific funding for the purpose of this subsection is not provided by June 30, 1995, in the omnibus appropriations act, this section is null and void.

(2) The office of the state auditor shall review the department's budgeting process and operating budget request to the governor for the 1995-97 biennium. Upon completion of the review, the office of the state auditor shall submit a report of its findings and recommendations to the legislature and the advisory team by December 1, 1995. If specific funding for the purpose of this subsection is not provided by June 30, 1995, in the omnibus appropriations act, this section is null and void.

(3) The correctional industries board of directors and the secretary shall jointly review all current and proposed education and vocational training programs provided by the department. The review shall identify whether the curriculum corresponds to current and proposed correctional industries jobs and whether the curriculum teaches skills relevant to employment opportunities inmates may qualify for after they are released. Upon completion of the review, the board and the secretary shall submit a joint report of their findings and recommendations to the legislature and the secretary by December 1, 1995.

(4) The correctional industries board of directors shall review the feasibility and desirability of establishing a recreational, health, and fitness program that employs inmates to support department recreational, health, and fitness activities. Upon completion of the review, the board shall submit a report of its findings and recommendations to the legislature and the secretary by December 1, 1995.

(5) The department of transportation shall review the feasibility and desirability of privatizing the department of corrections marine transportation fleet, operation, or both. The review shall include a comparison of department employee salaries with equivalent private marine positions salaries. Upon completion of the review, the department of transportation shall submit a report of its findings and recommendations to the legislature and the advisory team by December 1, 1995.

(6) The office of financial management and the department of general administration shall jointly review the food planning model developed by the department of corrections for possible extrapolation to a uniform, state-wide planning, purchasing, and distribution of food and food products for state institutions, including but not limited to prisons, juvenile correctional institutions, and state hospitals. Upon completion of the review, the office of financial management and the department of general administration shall submit a joint report of their findings and recommendations to the legislature and the advisory team by December 1, 1995.

(7) The printing and duplicating management center in the department of general administration shall review the feasibility and desirability of establishing as a class II correctional industry within one or more correctional institutions, a print shop and printers apprenticeship program. Upon completion of the review, the center shall submit a report of its findings and recommendations to the legislature and the secretary by December 1, 1995.

NEW SECTION. Sec. 30. This act shall be known as the department of corrections cost-efficiency and inmate responsibility and accountability omnibus act.

NEW SECTION. Sec. 31. 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.

NEW SECTION. Sec. 32. If specific funding for the purpose of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act shall be null and void."

E2SHB 2010 - S COMM AMD

By Committee on Ways & Means

ADOPTED 4/14/95

On page 1, line 1 of the title, after "corrections;" strike the remainder of the title and insert "amending RCW 72.09.010, 72.09.015, 72.09.020, 72.09.130, 4.24.130, 72.10.020, 72.10.010, 72.10.030, 9.94A.137, 7.68.090, and 43.17.200; reenacting and amending RCW 9.94A.120; adding new sections to chapter 72.09 RCW; adding new sections to chapter 72.10 RCW; adding a new section to chapter 9.94A RCW; creating new sections; and prescribing penalties."