BP BHEAD INT H

AN ACT Relating to jail industries; and amending RCW 36.110.020, 36.110.120, and 36.110.130.

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

Sec. 1. RCW 36.110.020 and 1993 c 285 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the state-wide jail industries board of directors.

(2) "City" means any city, town, or code city.

(3) "Cost accounting center" means a specific industry program operated under the private sector prison industry enhancement certification program as specified in 18 U.S.C. Sec. 1761.

(4) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior, district, or municipal court of the state of Washington for payment of restitution to a victim, a statutorily imposed crime victims compensation fee, court costs, a county or interlocal drug fund, court appointed attorneys' fees and costs of defense, fines, and other legal financial obligations that are assessed as a result of a felony or misdemeanor conviction.

(5) "Free venture employer model industries" means ((~~types of industries which produce products, goods, or services through two modalities: (a) Employer model:~~)) an agreement between city or county and a private sector business or industry or nonprofit organization to produce goods or services to both public and private sectors((~~; (b)~~)) utilizing jail inmates whose compensation and supervision are provided by the private sector business or entity. "Free venture customer model"((~~: An industry operated and managed~~)) means an agreement between city or county and a private sector business, industry, or nonprofit organization to provide Washington state manufacturers or businesses with products or services currently produced, provided, ((~~and~~)) or assembled by out-of-state or foreign suppliers utilizing jail inmates whose compensation and supervision are provided by the incarcerating facility or local jurisdiction.

(6) "Jail inmate" means a preconviction or postconviction resident of a city or county jail who is determined to be eligible to participate in jail inmate work programs according to the eligibility criteria of the work program.

(7) "Private sector prison industry enhancement certification program" means that program authorized by the United States justice assistance act of 1984, 18 U.S.C. Sec. 1761.

(8) "Tax reduction industries" means those industries as designated by a city or county owning and operating such an industry to provide work training and employment opportunities for jail inmates which reduce public support costs. The goods and services of these industries 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 nonprofit organization. Surplus goods from these operations may be donated to nonprofit organizations.

Sec. 2. RCW 36.110.120 and 1993 c 285 s 12 are each amended to read as follows:

A jail inmate who works in a free venture industry or a tax reduction industry shall be considered an employee of that industry only for the purpose of the Washington industrial safety and health act, chapter 49.17 RCW, as long as the public safety is not compromised, and ((~~for eligibility for industrial insurance~~)) may be considered eligible for medical aid benefits under ((~~Title 51~~)) chapter 51.36 RCW. Local jurisdictions that are self-insured have the option to elect to provide only medical benefits under Title 51 RCW for jail inmates incarcerated and participating in either free venture or tax reduction jail industry programs.

Local jurisdictions, to include self-insured jurisdictions, shall be given the option to participate in industrial insurance coverage, Title 51 RCW, through the state fund for jail inmates incarcerated and participating in either free venture or tax reduction jail industry programs. However, if the choice is to participate, eligibility for industrial insurance benefits for either the inmate or the inmate's dependents or beneficiaries for temporary total disability or permanent total disability under RCW 51.32.090 or 51.32.060, respectively, shall not take effect until the inmate is discharged from custody by order of a court of appropriate jurisdiction. Nothing in this section shall be construed to confer eligibility for any industrial insurance benefits to any jail inmate who is not employed in a ((~~nonfree~~)) free venture industry or tax reduction industry as defined in RCW 36.110.020.

Sec. 3. RCW 36.110.130 and 1993 c 285 s 13 are each amended to read as follows:

In the event of a failure ((~~or discontinuance~~)), such as a bankruptcy or dissolution, of a private sector business, industry, or nonprofit organization engaged in a free venture industry agreement, responsibility for obligations under Title 51 RCW shall be borne by the city or county responsible for establishment of such free venture industry agreement, as if the city or county had been the employing agency.