1054-S

AN ACT Relating to corrections cost reductions by restriction of adult offender privileges; adding a new section to chapter 72.09 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature finds that due to the upwardly spiraling cost of housing, maintaining, and supervising inmates in our state corrections facilities, the department of corrections must identify cost-cutting strategies that target waste and inefficiencies while maintaining clear and effective punishment and rehabilitation goals.

(2) The legislature further finds that the programs, amenities, and activities available to inmates in our state correctional institutions should reflect the strong moral values and ideals that contribute to public safety and the betterment of society and promote good citizenship.

NEW SECTION. Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

REDUCTION OF OFFENDER PRIVILEGES. (1) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

(a) "Immediate family" means an inmate's parents, stepparents, grandparents, parent surrogates, legal guardians, legally married spouse of the opposite sex of the inmate at the time of conviction, siblings, half or step siblings, children, stepchildren, and dependents who might not be in the direct lineal relationship of the inmate.

(b) "Child" means the natural or adopted child of both the inmate and spouse, or of the inmate or the spouse.

(c) "Excessive violence" means sexual and/or physical violence that is considered by the department of corrections to exceed what is proper, normal, or reasonable taking into account the penological objectives of the prison.

(d) "Obscene" means material that, when taken as a whole, appeals to prurient interests, and contains patently offensive depictions or descriptions of sexual conduct and, taken as a whole, has no serious literary, artistic, political, or scientific value or that is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sadomasochistic abuse, and is utterly without redeeming social value. Both offensiveness and an appeal to something other than normal healthy sexual desires are essential elements of obscenity.

(e) "Sexually explicit" means depiction of one of the following sexual behaviors:

(i) Where one of the participants in the act is, or appears to be, nonconsenting;

(ii) Where one of the participants appears to be forceful, threatening, or violent;

(iii) Where one of the partners is dominating one of the other participants, and one of the individuals is obviously in a submissive role, or one of the participants is degraded, humiliated, or willingly engages in behavior that is degrading or humiliating;

(iv) Where any bodily excretory function is depicted;

(v) Where there is actual sexual penetration;

(vi) One of the participants is a child, or appears to be a child;

(vii) Bestiality, sadomasochistic behavior, or bondage;

(viii) Any sexual behaviors deemed by the department of corrections to be a threat to legitimate penological objectives.

(2) FAMILY VISITATION. The department may implement a family visitation program that allows visiting between eligible inmates and their eligible immediate family member or members for the sole purpose of maintaining and promoting functional and cohesive family relationships. The secretary of the department or his or her designee shall have the ability to approve, deny, suspend, or terminate a family visit. Family visits shall occur no more often than once every sixty days. The maximum time allowed for each family visit shall be twenty-four hours. An inmate shall not be considered eligible for a family visit until after six months have elapsed since his or her arrival at the department facility on a current commitment. Only those offenders who are employed in a correctional industries work program or are successfully participating in a department approved educational program, for no less than eight hours per day and no less than forty hours per week, may participate in the family visitation program. If an offender has attained a high school degree or a GED certificate, the offender must work for no less than eight hours per day and no less than forty hours per week in order to be eligible. The department of corrections shall be required to provide work and education programs consistent with this act to the extent that no additional funds are appropriated. If an offender is willing to work and no job or education is available, it does not exclude the offender from privileges. However, inmates who have mental or physical disabilities that do not allow them to participate in work or education programs, as determined by the department, shall be exempted from this requirement. All maximum custody inmates, death row inmates, and inmates housed in disciplinary or administrative segregation are excluded from participating in the family visitation program. Only inmates who have not been found guilty of a serious infraction for one year, as defined by the department, shall be eligible for participation in the family visitation program. The department shall exclude any offender who has been determined by the department to be a danger to himself or herself, visitor or visitors, or the orderly operation of the program, has a prior criminal history of spousal or child abuse, or has mental health disorders based on a psychological assessment that indicates the offender could pose a danger to others. The determination to exclude an inmate from participation from the program shall also be based on, but not limited to, the inmate's crime or prior criminal behavior. An inmate with a history of any sex offense involving children shall not be allowed family visitation with children.

Immediate family members that are on juvenile or adult parole, probation, community supervision, community placement, work release, or the subject of a pending felony criminal or drug-related action, or are under the jurisdiction of the department are not eligible to participate in a family visit. The department may also deny eligibility to an immediate family member who is a former inmate released under the sentencing reform act or who has been convicted of a drug-related crime. Children under the age of eighteen are eligible only if they are accompanied and supervised by an adult visitor during the entire visit.

All family visitation shall be conducted within the prison campus. The department shall establish the location, size, and design of family visiting units and develop written regulations and procedures consistent with this chapter that insure the safety of visitors, promote healthy family values, and maintain the penological objectives of the prison.

Inmates who have participated in a family visit shall be subject to no less than ten random urine analysis tests for drugs any time for a period of six months after the family visit. If an inmate tests positive for drugs he or she shall not be eligible for a family visit for the remainder of his or her sentence.

All construction, operational, and maintenance costs for the family visitation program shall be paid by inmates.

(3) OBSCENE, SEXUALLY EXPLICIT, EROTIC, AND EXCESSIVELY VIOLENT MATERIAL. All obscene, erotic, sexually explicit, or excessively violent films, video tapes, magazines, books, or computer software shall be prohibited from all department correctional facilities. These materials shall be considered contraband and shall be removed from the inmate's mail, possession, and cells. The department shall be responsible for uniformly establishing which materials are to be considered contraband and removed in accordance with legitimate and justifiable penological interests. This standard shall be uniformly applicable throughout all department prison facilities. The department shall screen all inmate mail and disapprove inmate mail the department determines to be obscene, sexually explicit, erotic, or excessively violent. The only exception for allowing these materials for inmates shall be for their use in treatment or therapy sessions as prescribed by a physician or certified therapist under the direction of the department.

(4) CABLE, CLOSED CIRCUIT, AND SATELLITE TELEVISION. No new department correctional facility or expanded portions of existing department correctional facilities shall be constructed with cable, closed circuit, or satellite television readiness unless the department has a written basic education and technical vocational training plan for the facility and the plan clearly demonstrates how the television systems will be used for educational and training purposes. The educational and training plan shall contain a curriculum outline and goals for preparing inmates with the basic knowledge, life skills, work ethics, job skills, and technical abilities to function effectively in a real world work environment. The television education and training plan shall correspond to the education and training that is applicable to the correctional industries jobs that are expected to be implemented at the new facility. All programming conducted on the television system shall correspond to the terms and conditions outlined in subsection (3) of this section.

An inmate is not eligible for individual television privileges unless he or she is working in a correctional industries job or successfully enrolled in a department education program. No inmate may be eligible for individual television privileges until two months have elapsed since their arrival at the department facility on a current commitment.

All installation, maintenance, and fees associated with cable, closed circuit, or satellite television shall be paid for by inmates.

The terms and conditions of this subsection shall not be applicable for closed circuit television used by the department for security purposes by correctional employees.

(5) BODY BUILDING AND WEIGHT LIFTING. All body building or weight lifting using weight resistance training equipment shall be limited to only inmates who volunteer to participate and are approved by the department to participate in official nationally sanctioned or official state sanctioned weight lifting team competitions. Each prison may establish no more than three inmate weight lifting teams. Each inmate weight lifting team is limited to no more than thirty-five inmates. The department shall establish written eligibility standards for determining which inmates are eligible to join the weight lifting team. Inmate weight lifting team members shall also meet any applicable national or state eligibility standards necessary for official competition. Only inmates in good standing with the department and employed in a correctional industries job or successfully completing job training or education classes are eligible for the inmate weight lifting team. Any inmate found guilty of assaulting a correctional officer or other inmate is not eligible for the inmate weight lifting team. The costs associated with weight lifting competitions and establishing and training an inmate weight lifting team, including but not limited to, the equipment and a portion of the department recreational training staff salaries needed to monitor and train the inmate team shall be paid for by the inmates.

All inmates shall be encouraged to stay healthy and fit. However, the department shall only provide recreational options that minimize the inmates' ability to substantially increase muscle mass. Dietary supplements made for the sole purpose of increasing muscle mass shall be only available for purchase to members of the inmate weight lifting teams.

NEW SECTION. Sec. 3. CAPTIONS. Captions as used in this act shall not constitute any part of the law.

NEW SECTION. Sec. 4. EMERGENCY. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 5. SEVERABILITY. 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.