2010-S2.E

AN ACT Relating to corrections; amending RCW 72.09.135, 72.09.130, 4.24.130, 72.10.020, 72.09.111, 9.94A.137, 72.09.070, 72.10.030, and 43.17.200; adding new sections to chapter 72.09 RCW; adding a new section to chapter 9.94A RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that increasing crime, a burgeoning inmate population, and the upwardly spiraling cost of building, maintaining, and operating our state's prisons have created an urgent need to enact decisive new and stringent methods for controlling the high cost of corrections. The legislature further finds that the public has clearly demanded that every effort be made to rid our streets of crime and that criminals be dealt with decisively and firmly. At the same time, the public has also let it be known that their tax dollars must be spent efficiently and that their investment in expensive prisons buy safety for them and their families now and in the future. To this end, the legislature insists that cost-efficiencies in corrections must be implemented at every level and in every aspect of the correctional system. Most importantly, however, is the need to develop and implement a long-range corrections cost-efficiency strategy that has as its foremost goal the investment in a corrections management philosophy that will effectively lower the high number of inmates recycled though our prisons. The legislature believes that by implementing a corrections management philosophy that mirrors the incentives, goals, morals, and values that guide our society and its law-abiding citizens, offenders will be less likely to reoffend and public expectations of criminals receiving their just desserts can be realized. The focus of this corrections management philosophy is accountability and responsibility, both for the prison inmates and also for the public servants charged with running our correctional institutions. The responsibility for criminal activity should fall squarely on the criminal. Society should not have to pay the price for crimes twice, once for the criminal activities and again by feeding them, clothing them, and housing them, often in a fashion better than law-abiding, working families in the community. By perpetuating the current corrections philosophy we are making offenders less responsible rather than more responsible. 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 freedom, but by contributing to the actual cost of their crime and for the cost of incarceration. In a responsibility-based corrections system, inmates should be expected to participate in real and meaningful work experiences that teach marketable skills and instill the work values and ethics that are the backbone of our society, both for the benefit of society and for the offender. Privileges inside the prison should not be just provided to prisoners and used like free penological pacifiers. Instead, inmates must be motivated to work, learn, and then earn basic privileges. It is the intent of the legislature to expect all prison inmates to be made more accountable and responsible by working, learning basic skills, contributing to the cost of their incarceration, developing meaningful work values and experiences, and gaining valuable job readiness skills that will translate into work opportunities outside of prison. It is also the intent of the legislature to expect the department of corrections to also be made more accountable and responsible by adopting a corrections management philosophy that is vested in the goals of responsibility and accountability and continuing to uphold a high standard of public safety, maintaining drug-free corrections facilities, effectively reducing recidivism, and significantly controlling the rising cost of corrections.

Sec. 2. RCW 72.09.135 and 1987 c 462 s 15 are each amended to read as follows:

(1) The department of corrections shall, no later than July 1, 1987, adopt standards for the operation of state adult correctional facilities. These standards shall be the minimums necessary to meet federal and state constitutional requirements relating to health, safety, and welfare of inmates and staff, and specific state and federal statutory requirements, and to provide for the public's health, safety, and welfare. The need for each standard shall be documented.

(2)(a) The secretary shall establish, as part of the standards for correctional facilities, policies on inmate basic education and inmate work. As part of these standards, the secretary shall require all inmates either to work in a correctional industries job or participate in an educational program, or both, to the extent that such jobs or programs are available.

(b) The standards established under (a) of this subsection shall not apply to inmates who are confined to a segregation unit, in protective custody, on death row, in sex offender treatment or special mental health treatment, or committed to the illegal alien offender transition camp.

(c) The standards established under (a) of this subsection shall not apply to inmates who have physical or mental impairments or conditions that would prevent them from participating in work or education, as determined by the department.

(d) Inmates in protective custody shall be provided educational opportunities consistent with this section, to the extent possible.

(3) The standards established on inmate basic education and work days under subsection (2) of this section shall include, but are not limited to, the following standards:

(a) The department shall assess all inmates for literacy level and basic academic skills within thirty days of the inmate's commitment to the department.

(b) Inmates whose reading skills are assessed as below the eighth grade level shall, subject to availability of jobs and educational programs:

(i) Participate half-time in an academic program that emphasizes language, arithmetic, and cognitive proficiency; and

(ii) Participate half-time in a correctional industries job.

(c) Offenders whose reading skills at commitment or thereafter are assessed at or above the eighth grade level shall work a full work day in a correctional industries job, if such jobs are available. If a correctional industries job is not available, and the inmate does not have a general equivalency degree or a high school diploma, the inmate shall attend general equivalency degree classes, if such classes are available, until the inmate attains a general equivalency degree or a job becomes available, whichever comes first.

(d) If an inmate has a high school diploma or a general equivalency degree, and if no job is available, the inmate may participate in vocational training, if such training is available.

(e) Inmates shall pay a portion of the costs of participating in community college vocational programs, including books, tuition, and fees. The department shall determine the appropriate percentage that inmates are to pay. The tuition of any other higher education programs shall be paid entirely by the inmate.

(f) Inmates serving a life sentence shall not be required to comply with the educational standards established under (a) through (d) of this subsection. Inmates serving a life sentence shall not receive more than one associate or baccalaureate degree, and they shall not participate in additional associate or baccalaureate degree programs after having earned such a degree. If an inmate serving a life sentence requires vocational training for correctional industries employment as determined by the department, he or she may participate in such training.

(g) All vocational training must be relevant either to the correctional industries jobs offered in the institution, or to job skills needed to qualify for employment upon the inmate's release, or both, to the extent possible.

(4) The standards established under subsection (2) of this section shall provide that inmates who refuse to participate in available work or education programs shall lose inmate privileges, including but not limited to family visitation, use of individual televisions, and use of recreational equipment.

(5)(a) By July 1, 1996, the legislature shall provide specific funding for educational programs required by subsection (3)(b) of this section to no less than twenty-five percent of the inmates who meet the criteria of subsection (3)(b) of this section.

(b) By July 1, 1997, the legislature shall provide specific funding for educational programs required by subsection (3)(b) of this section to no less than fifty percent of the inmates who meet the criteria of subsection (3)(b) of this section.

(c) By July 1, 1998, the legislature shall provide specific funding for educational programs required by subsection (3)(b) of this section to no less than seventy-five percent of the inmates who meet the criteria of subsection (3)(b) of this section.

(d) By July 1, 1999, the legislature shall provide specific funding for educational programs required by subsection (3)(b) of this section to all of the inmates who meet the criteria of subsection (3)(b) of this section.

(6) The education administrator for the department shall review all vocational training programs annually to insure to the extent possible that the programs are relevant to the correctional industries jobs, or to skills needed to qualify for employment after the inmate's release, or both.

(7) The education administrator for the department shall develop an education cost-efficiency plan for the department, consistent with the terms of chapter . . ., Laws of 1995 (this act) that reduces the use of live instructors, and includes distance learning, using interactive satellite instruction, video tapes, computer-aided instruction, and flexible scheduling that permits offenders to proceed at their own pace. The department shall report to the appropriate committees of the legislature by December 12, 1995, on the progress of this education cost-efficiency plan.

Sec. 3. RCW 72.09.130 and 1981 c 136 s 17 are each amended to read as follows:

The department shall adopt a system providing incentives for good conduct and disincentives for poor conduct. The system may include increases or decreases in the degree of liberty granted the inmate within the programs operated by the department and recommended increases or decreases in the number of earned early release days that an inmate can earn for good conduct and good performance. 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. Inmates shall not receive earned early release days for "good performance" for any time during which the offender is required to participate in available work or educational programs by RCW 72.09.135 and the offender refuses to do so. 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. The department shall provide a copy of this description to each offender in its custody.

NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:

(1)(a) 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.

(b) Materials forbidden by (a) of this subsection shall be permitted only for their use in treatment or therapy sessions as prescribed by a physician or certified therapist under the direction of the department.

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

(ii) "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.

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

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

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

(C) 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;

(D) Where any bodily excretory function is depicted;

(E) Where there is actual sexual penetration;

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

(G) Bestiality, sadomasochistic behavior, or bondage;

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

(iv) "Erotic" means erotic as defined by the department in compliance with law, taking into consideration the legitimate penological objectives of the department.

(2)(a) 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 ethic, 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 comply with subsection (1) of this section.

(b)(i) An inmate shall not receive individual television privileges unless he or she is working in a correctional industries job or is participating in a department-approved education program. This restriction shall not apply if no job or educational program is available. Inmates who are exempt from the work and education requirements of RCW 72.09.135 may be allowed personal televisions as determined by the department.

(ii) An inmate shall not receive individual television privileges until two months have elapsed since the beginning of his or her current commitment to the department.

(c) All maintenance and fees associated with cable, closed circuit, or satellite television shall be paid for by inmates. This restriction does not apply to educational programming under (a) of this subsection. (d) This subsection does not apply to closed circuit television used by the department for security purposes by correctional employees.

(3)(a)(i) An inmate shall not participate in recreational weight lifting unless the inmate is in good standing with the department, as determined by the department, and is either employed in a correctional industries job or an educational program. This subsection (3)(a)(i) does not apply to inmates who have physical or mental impairments or conditions that exempt them from the work and education requirements of RCW 72.09.135. This subsection (3)(a)(i) also does not apply if no jobs or educational programs are available.

(ii) No inmate found guilty of assaulting a correctional officer or other inmate may participate in weight lifting.

(iii) Recreational options provided by the department shall, to the extent possible, minimize the inmates' ability to increase muscle mass substantially. Dietary supplements made for the sole purpose of increasing muscle mass shall not be available for purchase to inmates unless prescribed by a physician for medical purposes.

(b)(i) An inmate shall not be allowed to use recreational facilities or recreational equipment for recreational purposes unless the inmate is employed in a correctional industries job or is participating in a department-approved educational program. For purposes of this subsection, "recreational purposes" includes but is not limited to baseball, softball, volleyball, tennis, pickleball, hockey, soccer, or other group sports activities, and hobby and crafts shops. This subsection (3)(b)(i) does not apply to: Inmates for whom no jobs or educational programs are available and inmates who have a mental or physical impairment that exempts them from the work and requirements of RCW 72.09.135, as determined by the department.

(ii) The department shall use inmate welfare funds to pay for all recreational equipment and supplies.

(iii) All inmates shall be allowed access to appropriate recreational yards or gymnasiums for general personal exercise as directed by the department and in compliance with state and federal law.

(4)(a) An inmate is indigent if the inmate has less than ten dollars of disposable income in his or her offender's institution account for a period of forty days. Provision shall be made for inmates who are transferred between facilities and for the first forty days of incarceration, to account for funds in the offender's institution account.

(b) The department shall provide essential personal items to indigent inmates only. Essential personal items shall include soap, razors, combs, toothbrushes, toothpaste, sanitary napkins, or other personal items defined by the department in compliance with federal regulations. Inmates shall be required to use the personal item provided by the department in a prudent fashion in accord with the normal use, expected normal wear, and function of the items.

(c) Inmates shall not receive more than seventy-five dollars per month in their offender's institution account from outside the prison.

(5) 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 requirements of this subsection apply to any program of family visitation implemented by the department.

(a) Family visits shall occur no more often than once every thirty days. The maximum time allowed for each family visit shall be forty-eight hours.

(b) An inmate shall be ineligible for the family visitation program until twelve months have elapsed since his or her arrival at the department facility on a current commitment of three years or more, or six months have elapsed if the current commitment is less than three years.

(c) Inmates who fail to participate in an available correctional industries work program or an available department-approved educational program are ineligible for the family visitation program. This requirement does not apply to inmates who have mental or physical disabilities or conditions that exempt them from the work and education standards set forth in RCW 72.09.135, as determined by the department. This requirement does not apply if no job or educational program is available to the inmate.

(d) The following inmates are prohibited from participating in the family visitation program: Maximum custody inmates; close custody inmates; death row inmates; inmates housed in disciplinary or administrative segregation or prehearing confinement; inmates who have been found guilty of a serious infraction, as defined by the department, within the previous five years.

(e) The department shall establish other eligibility guidelines based on inmate conduct and infractions. 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; is being treated for a condition that may be adversely affected; 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.

(f) An inmate with a history of any sex offense involving children shall not be allowed family visitation with children.

(g)(i) The department shall exclude from participating in the family visitation program an inmate's immediate family members who are on juvenile or adult parole, probation, community supervision, community placement, work release; who are the subject of a pending felony criminal or drug-related action; or who are under the jurisdiction of the department.

(ii) 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.

(iii) Children under the age of eighteen are eligible only if they are accompanied and supervised by an adult visitor during the entire visit.

(h) The secretary of the department or his or her designee shall have the ability to approve, deny, suspend, or terminate a family visit.

(i) 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 ensure the safety of visitors, promote healthy family values, and maintain the penological objectives of the prison.

(j) The department shall review all inmates' marriages that occurred before July 1, 1995, and shall permit an inmate's spouse to participate in family visits only if the department determines that the spouse's behavior complies with the requirements of this subsection.

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

(l) For purposes of this subsection:

(i) "Immediate family" means an inmate's parents, stepparents, grandparents, legally married spouse of the opposite sex of the inmate at the time of the inmate's conviction, siblings, children, and stepchildren.

(ii) "Child" means the natural or adopted child of both the inmate and his or her spouse, or of the inmate or the spouse. However, if one inmate adopts another inmate, the department shall not grant family visitation based upon the adoptive relationship.

Sec. 5. 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) No person committed to a department of corrections facility at the time of application shall be granted an order under this section to change his or her name if doing so will interfere with legitimate penological goals. Name changes required for religious reasons or in recognition of marriage shall be allowed. However, the department of corrections may require the inmate, while incarcerated in a department of corrections facility, to also use the name used at the time of commitment.

(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.

Sec. 6. 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) To discourage the unwarranted use of health care services, all offenders shall participate in the costs of health care services by paying no less than three dollars per health visit. Pursuant to the authority granted in chapter 34.05 RCW, the secretary may collect this amount for health care services directly from an offender's institution account.

(3) Inmates are required to make copayments under subsection (2) of this section for health care services that are offender initiated. Inmates 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) Inmates shall be required to purchase all over-the-counter medications at a nominal charge. Over-the-counter medicines shall only be available on an individual unit dose basis as determined by the department and may be distributed through the inmate store.

(5) No inmate shall be denied any health care service, including over-the-counter medications, because of inability to pay.

(6) The department shall adopt rules to implement this section.

Sec. 7. RCW 72.09.111 and 1994 sp.s. c 7 s 534 are each amended to read as follows:

(1) The secretary shall deduct from the gross wages or gratuities of each inmate working in correctional industries work programs, taxes and legal financial obligations. The secretary shall develop a formula for the distribution of offender wages and gratuities.

(a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

(i) ((~~Five~~)) Ten percent to the public safety and education account for the purpose of crime victims' compensation;

(ii) Ten percent to a department personal inmate savings account; and

(iii) Twenty percent to the department to contribute to the cost of incarceration.

(b) The formula shall include the following minimum deductions from class II gross gratuities:

(i) ((~~Five~~)) Ten percent to the public safety and education account for the purpose of crime victims' compensation;

(ii) Ten percent to a department personal inmate savings account; and

(iii) Fifteen percent to the department to contribute to the cost of incarceration.

(i) Ten percent to the public safety and education account for the purpose of crime victims' compensation; and

(ii) Five percent to the department to contribute to the cost of incarceration.

(d) The formula shall include the following minimum deductions from class III gratuities: ((~~Five~~)) Ten percent to the public safety and education account for the purpose of crime victims' compensation.

Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection.

The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

In the event that the offender worker's wages or gratuity is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

(2) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

(3) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs until December 31, 2000, and thereafter all such funds shall be deposited in the general fund.

(4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

(a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

(f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.

(5) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.

(6) The department shall develop job performance standards for each correctional industries job and remove offenders from the job if his or her job performance does not meet performance standards. Offender employees shall be provided job performance standards prior to being placed in a correctional industries job.

Sec. 8. 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~~)) twenty 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.

(b) The sentencing court may consider an offender eligible to be sentenced to a work ethic camp if the offender meets the conditions set forth in (a) of this subsection and is or has been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 and after a complete review of his or her criminal history has been conducted and approved by the sentencing judge and upon further approval by the department in accordance with all other terms and conditions of this section.

(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. 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) An inmate 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.

NEW SECTION. Sec. 9. 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. The secretary shall locate the illegal alien offender transition camp within an already existing department compound or facility. The facility selected for the camp shall appropriately accommodate the logistical and cost-effective objectives contained in RCW 72.09.400 through 72.09.420 and 9.94A.137. The department shall be ready to assign inmates to the camp no later than July 1, 1996.

(2) The department shall develop all aspects of the illegal alien offender transition camp program including, but not limited to, 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 meaningful work activities and unstructured time is kept to a minimum. The standards for work performance, physical work activities, and treatment of offenders' rights and responsibilities shall be equivalent to those of the work ethic camp for general inmates.

(3) The department shall, to the extent possible, staff the illegal alien offender transition camp with personnel that speak and understand the native language of the majority of the illegal offenders sentenced to the illegal alien offender transition camp.

NEW SECTION. Sec. 10. A new section is added to chapter 9.94A RCW to read as follows:

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

(i) 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;

(ii) Is sentenced to a term of total confinement of not less than twelve months and a day or more than thirty-six months;

(iii) Is eighteen years of age or older; and

(iv) Has no current or prior convictions for any sex offenses or violent offenses.

(b) If the offender meets the criteria set forth in (a) of this subsection, the sentencing court shall consider an offender eligible to be sentenced to an illegal alien offender transition camp if the offender is or has been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 and after a complete review of his or her criminal history has been conducted and approved by the sentencing judge and upon further approval by the department in accordance with all other terms and conditions of this section.

(c) If the alien offender meets all of the eligibility requirements for the illegal alien offender transition camp and agrees in writing as required by subsection (5) of this section to the terms and conditions for participation, the sentencing judge shall consider this sentencing option first.

(2) The length of the illegal alien offender transition camp program shall be at least sixty 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.

(3) The department may identify offenders who are eligible for the illegal alien offender transition camp and, with concurrence from the sentencing judge, may refer the offender to the illegal alien offender transition camp and adjust time served and community custody requirements as prescribed in this section.

(4) Offenders who successfully complete the illegal alien offender transition camp shall be immediately turned over to the custody of the immigration and naturalization services to be deported to his or her native country. If this transfer cannot immediately occur, the alien offender released from the illegal alien offender transition camp shall be held by the department until immigration and naturalization services can take custody of the alien offender or for a period of up to ten days after the expected release date, whichever is shorter. The department shall notify immigration and naturalization services of all illegal alien offenders and request that they begin any deportation proceedings as expeditiously as possible after the date the offender was convicted and secure a hard detainer and a deportation order. The department shall work to obtain the cooperation of the immigration and naturalization judges to hold accelerated hearings for incarcerated criminal aliens as soon as they enter the prison to ensure their immediate removal from the country upon their release by the department.

(5) All illegal alien offenders eligible for the illegal alien offender transition camp sentencing option shall be informed by the sentencing court or the department of their possible sentencing options. The 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. 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.

NEW SECTION. Sec. 11. The department of corrections shall provide quarterly reports during the 1995-97 biennium to the appropriate committees of the house of representatives and senate of the department's progress in receiving federal reimbursement for the incarceration costs of undocumented alien felons. The department shall provide the first quarterly report to the legislature on or before July 31, 1995. The department of corrections shall seek federal funding for the incarceration of undocumented felons and shall pursue amendments to the federal transfer treaty program to facilitate deportation of undocumented alien offenders to their home countries and specifically seek amendment of treaties which now require voluntary participation of the offender and loss of jurisdiction by the sending agency. The department shall ask the federal government to enforce the federal sanctions for alien reentry that allow alien offenders to have at least two prior felony convictions and at least two prior deportations before indictment for reentry is considered.

NEW SECTION. Sec. 12. (1) The department of corrections shall review the staffing patterns of all corrections operations, excluding correctional industries, and implement cost-efficiencies by eliminating no less than twenty percent of management staff positions, including, but not limited to, assistant secretaries, assistants to the secretary, superintendents, associate superintendents, corrections managers, and unit supervisors.

(2) All recreational leader positions 2s, 3s, and 4s shall be reduced by fifty percent and the eliminated recreational leader positions shall not be replaced by department of corrections staff or intermittent employees. The supervision of recreational activities shall be conducted by the remaining recreational leaders with the assistance of inmates working in class III correctional industries positions.

(3) The secretary of corrections shall implement a system for reducing overtime by fifty percent of what was reported in the 1994 calendar year. The secretary of corrections shall report to the appropriate committees of the legislature quarterly beginning December 15, 1995, and ending January 8, 1997, on the implementation of reduction of overtime cost-efficiencies.

(4)(a) The legislative budget committee shall conduct a staffing ratio study of the department of corrections to assess the implementation of staff reductions mandated in this act. The report shall be submitted to appropriate committees of the house of representatives and the senate by December 12, 1995. If specific funding for the purpose of this subsection (4)(a) is not provided in the omnibus appropriations act, this subsection (4)(a) is null and void.

(b) The office of state auditor shall also conduct a program audit review of the department of corrections budget process and the department of corrections operating budget request to the governor for the 1995-1997 biennium. The audit shall investigate specific budget requests for items and identify if these items could be purchased at a lower cost than what was reported by the department and identify if inmate labor could have reasonably, safely, and effectively been used in the place of the requested item that was to be purchased. The report shall be submitted to appropriate committees of the house of representatives and the senate by December 12, 1995.

Sec. 13. RCW 72.09.070 and 1994 sp.s. c 7 s 535 are each amended to read as follows:

(1) There is created a correctional industries board of directors which shall have the composition provided in RCW 72.09.080.

(2) Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and implement policy for correctional industries programs designed to:

(a) Offer inmates meaningful employment, work experience, and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon their release from custody;

(b) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;

(c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;

(d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;

(e) Develop and design correctional industries work programs;

(f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the impact on in-state jobs and businesses.

(3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.

(4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.

(5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs. The secretary shall appoint the members of the committees.

Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.

(6) The board shall develop a strategic yearly marketing plan that shall be consistent with and work towards achieving the goals established in the six-year phased expansion of class I and class II correctional industries established in RCW 72.09.111. This marketing plan shall be presented to the appropriate committees of the legislature by January 17 of each calendar year until the goals set forth in RCW 72.09.111 are achieved.

(7) The board shall review the feasibility of implementing the following correctional industries and report to the appropriate committees of the legislature by December 12, 1995, if these industries are, appropriate, feasible, and cost-effective to implement as required under this chapter:

(a) Use Airway Heights prison kitchen for an industrial cooks training program for offenders;

(b) Use Airway Heights prison kitchen to prepare kosher meals for corrections facilities inside and outside the state of Washington;

(c) Use inmate work crews on any maintenance, construction, or repair of existing adult or juvenile corrections facilities;

(d) Establish a refuse recycle program that employs appropriate offenders outside the prison;

(e) In coordination with Washington State University implement a juvenile and adult corrections self-sufficiency agriculture program using adult inmate labor and department of corrections land. The board shall instruct the department to officially request an environmental impact waiver from the federal government to make modifications to farm land currently in use at McNeil Island to increase the yield; and

(f) Seek housing trust funds under chapter 43.185 RCW and other federal funds, to construct portable migrant farmworker housing using inmate work crews.

(8) The board shall review all current and newly recommended vocational education programs to insure that the curriculum corresponds to correctional jobs within the prisons.

(9) The board shall review the class I correctional industries program and suggest any incentives to attract additional industries.

NEW SECTION. Sec. 14. A new section is added to chapter 72.09 RCW to read as follows:

The correctional industries board shall implement a plan that uses inmate work crews when feasible and practical on construction projects within the department and within the juvenile rehabilitation administration of the department of social and health services. The board shall report by January 1, 1996, to the appropriate committees of the legislature on the use of inmate work crews under this section.

The department shall be responsible for monitoring all inmates used for inmate work crew construction projects. Serious violent offenders or sex offenders shall not be allowed to work on any construction projects outside the confines of an existing prison facility. The department shall ensure that no adult offender is allowed to commingle with a juvenile offender during a construction job using inmate work crews in a juvenile facility. The department shall comply with all laws pertaining to adult offenders conducting legitimate work in juvenile correctional facilities.

NEW SECTION. Sec. 15. A new section is added to chapter 72.09 RCW to read as follows:

The department shall consider perimeter security options, taking into consideration all available technologies, that do not include perimeter guard towers requiring personnel for all medium and maximum security correctional facilities designed and scheduled for construction by the department after December 12, 1996.

Sec. 16. 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 the corrections medical system and assess the potential cost savings that could be realized by contracting all corrections medical services through a procurement process. The review shall be submitted to appropriate committees of the legislature by December 12, 1995. If the review indicates that the state can realize a savings through contracting for corrections medical services, the department may initiate a competitive bidding process for all corrections medical services. The review shall require that any contract for correctional medical services shall include contracted services using employees' wages set at no less than the existing department of corrections salary schedule.

NEW SECTION. Sec. 17. The department of transportation shall review the department of corrections marine transportation operation and fleet and conduct a cost-efficiency analysis. The analysis shall include a cost analysis of privatizing the operation of the marine fleet or privatizing both the marine fleet and the operation, and a comparison of corrections state employee salaries with equivalent private marine positions salaries. The department of transportation shall report its findings to appropriate committees of the legislature by December 12, 1995.

NEW SECTION. Sec. 18. The office of financial management in coordination with the department of corrections and the department of general administration shall conduct a cost-efficiency study using the food planning model developed by the department of corrections. The study shall investigate the potential cost savings that could be achieved by developing and implementing a state-wide food purchasing and distribution network for all state institutions, including but not limited to prisons, juvenile corrections facilities, and state hospitals. The purpose of the study is to identify possible cost- efficiencies that could be realized through uniform meal planning, coordination of bulk purchasing of food and food products, and systematic state-wide distribution of food and food products for all state institutions.

NEW SECTION. Sec. 19. A new section is added to chapter 72.09 RCW to read as follows:

The department shall establish a corrections cost-efficiency and public safety focus group. The focus group shall be composed of one management representative from each correctional facility and one nonmanagement line staff member from each correctional facility to be chosen by a vote taken by the nonmanagement staff, and five members of the community including a prosecutor, a law enforcement officer, a public defender, a prison inmates family member chosen by the public defenders association, and a representative from a victims rights group chosen by the governor. The focus group shall meet quarterly and submit a report to the legislature by December 12 of each year. The report shall contain recommendations on methods for improving the operation of the corrections facilities, design suggestions on efficiencies for new prison construction, identifying specific cost-efficiencies in individual facilities and the corrections system in general, methods for impacting offender recidivism, and making the corrections system safer for employees and the public. The secretary shall provide such staff services, facilities, and equipment, as the focus group shall require to carry out its duties. Members of the cost-efficiency and public safety focus group shall serve on a voluntary basis and shall be reimbursed only for travel expenses and per diem under RCW 43.03.050 and 43.03.060. The focus group shall determine if further restrictions shall be imposed on weight lifting in department facilities in addition to those set forth in section 4(3) of this act.

NEW SECTION. Sec. 20. 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. Members of the committee shall be appointed before the close of each regular session during an odd-numbered year.

(2) Each member's term of office shall run from the close of the session in which the member was appointed until the close of the next regular session held in an odd-numbered year. If a successor is not appointed during a session, the member's term shall continue until the member is reappointed or a successor is appointed. The term of office for a committee member who does not continue as a member of the senate or house of representatives shall cease upon the convening of the next session of the legislature during an odd-numbered year after the member's appointment, or upon the member's resignation, whichever is earlier. Vacancies on the committee shall be filled by appointment in the same manner as described in subsection (1) of this section. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.

(3) 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.

(4) Staff support for the committee shall be provided by standing committee staff of the senate and house.

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

(a) Oversee the implementation of chapter . . ., Laws of 1995 (this act) and related chapters of the Revised Code of Washington;

(b) Periodically make recommendations to the appropriate committees of the legislature and the governor regarding corrections cost-efficiencies;

(d) Review rules prepared by the department of corrections and department of social and health services where appropriate to ensure consistency with the policies of chapter . . ., Laws of 1995 (this act);

(e) Review efficiency proposals for facilities for correctional industries to ensure that they emphasize employing a maximum number of inmates in correctional industries rather than using higher technology;

(f) Oversee all reports required under chapter . . ., Laws of 1995 (this act); and

(g) Oversee the corrections cost-efficiency and public safety oversight group.

(6) By December 12, 1996, the committee shall report to the appropriate committees of the legislature on the amount of cost savings realized in the department and report its further recommendation to address expenditure growth in the department of corrections.

(7) The joint committee on department of corrections cost-efficiencies oversight shall terminate on January 1, 1998.

NEW SECTION. Sec. 21. A new section is added to chapter 72.09 RCW to read as follows:

Each of the industries operated under the correctional industries program shall be operated in conformity with all of the state and federal laws and rules that apply to a comparable industry in the private sector except with regard to: Taxation; matters related to labor organization or compensation for labor, including but not limited to unemployment compensation, industrial insurance, leave, and collective bargaining; and matters related to security and confinement.

In addition, the program's milk production facilities and milk processing facilities shall be operated as separate and distinct operations. The milk produced shall be marketed under the provisions applicable to producers under the federal milk marketing order of the United States department of agriculture, or a successor marketing arrangement, and a milk processing operation shall be regulated as a fully regulated handler under that order, or a successor marketing arrangement. The milk and milk products shall be consumed or used, to the greatest extent possible, within the state correctional system and milk surplus to such consumption or use may be sold to local correctional facilities. The milk or milk products may not be used in any other manner except that raw, bulk milk may be disposed of as prescribed in RCW 72.09.100 for surplus products.

Sec. 22. RCW 43.17.200 and 1983 c 204 s 4 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, 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.

(2) Subsection (1) of this section shall not apply to the construction of any facility under the control of the department of corrections and used for the incarceration, treatment, or rehabilitation of convicted persons, or any facility under the control of the department of social and health services and used for juvenile rehabilitation.

NEW SECTION. Sec. 23. The legislature finds that the high and rising cost of housing inmates in prison has placed an extreme burden on taxpayers. The legislature further finds that building new prisons and expanding existing prison facilities should not be the only option considered for dealing with prison overcrowding. Serious consideration should also be given to lower cost facility efficiency use options such as "hot bunking" that allows prison beds to be used on a scheduled rotation basis. Under a "hot bunking" policy, inmates would be prohibited from spending more than twelve hours per day in their cell. The remaining hours would be spent away from the cell engaged in other activities, freeing up the cell for use by other inmates.

The department of corrections shall review the concept of "hot bunking" and analyze how a policy of "hot bunking" can be implemented. The department shall make recommendations on "hot bunking" by December 12, 1995, to the appropriate committees of the house of representatives and the senate.

NEW SECTION. Sec. 24. This act shall be known as the department of corrections cost-efficiency and inmate responsibility and accountability omnibus act.

NEW SECTION. Sec. 25. 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. 26. 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.