2010-S2.E2

AN ACT Relating to corrections; amending RCW 72.09.010, 72.09.015, 72.09.130, 4.24.130, 72.10.010, 72.10.020, 9.94A.137, 9.95.210, 9.92.060, and 72.09.100; adding new sections to chapter 72.09 RCW; adding a new section to chapter 43.17 RCW; adding new sections to chapter 9.95 RCW; creating new sections; repealing RCW 72.09.020; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds 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 inmates and the department.

The legislature further finds 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 assure that the department fulfills its mission to reduce offender recidivism, to mirror the values of the community by clearly linking inmate behavior to receipt of privileges, and to prudently manage the resources it receives through tax dollars. This purpose is accomplished through the implementation of specific cost-control measures and creation of a planning and oversight process that will improve the department's effectiveness and efficiencies.

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~~)) individuals 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 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~~)) most 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 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" means 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 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 policies.

(8) "Good performance" means successful completion of a 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) "Indigent inmate," "indigent," and "indigency" mean an inmate who has less than a ten-dollar balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the thirty days previous to the request.

(11) "Inmate" means a 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.

(12) "Privilege" means any goods or services, education or work programs, or earned early release days, the receipt of which are directly linked to an inmate's (a) good conduct; and (b) good performance. Privileges do not include any goods or services the department is required to provide under the state or federal Constitution or under state or federal law.

(13) "Secretary" means the secretary of corrections or his or her designee.

(14) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections, or his or her designee.

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

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

(1) An inmate shall not be denied access to services or supplies required by state or federal law solely on the basis of his or her inability to pay for them.

(2) The department shall record all lawfully authorized assessments for services or supplies as a debt to the department and shall recoup the assessments when the inmate's institutional account exceeds the indigency standard.

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 under subsection (3) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

(2) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

(a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

(b) Additional work and education programs based on assessments and placements under subsection (4) of this section; and

(3) The department shall establish, by 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 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 under subsection (1) of this section. When the department determines 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 condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

(4) The department shall establish, by rule, 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 basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, 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 correctional system, are returning to the correctional 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 track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

(b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:

(i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date;

(ii) An inmate's education history and basic academic skills;

(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, and periodically review, inmate behavior standards and program goals for all education and 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. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

(A) Second and subsequent vocational programs associated with an inmate's work programs; and

(B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

(ii) Inmates shall pay all costs and tuition for participation in:

(A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

(B) Second and subsequent vocational programs not associated with an inmate's work program.

Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

(e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

(i) Shall not be required to participate in education programming; and

(ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

(5) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

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

(7) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

(8) Following completion of the review required by section 27(3) of this act the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates 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, by 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 under section 5 of this act.

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

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 privileges. The department shall establish standards by which inmates shall contribute a portion of the department's capital costs of providing privileges, including television cable access, extended family visitation, weight lifting, and other recreational sports equipment and supplies. The standards shall also require inmates to contribute a significant portion of the department's operating costs directly associated with providing privileges, including staff and supplies. 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 department shall make every effort to maximize individual inmate contributions to payment for privileges. The department shall not limit inmates' financial support for privileges to contributions from the institutional welfare/betterment fund. The standards shall consider the assets available to the inmates, the cost of administering compliance with the contribution requirements, and shall promote a responsible work ethic.

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

When an inmate receives any funds in addition to his or her wages or gratuities, the additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11 RCW.

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

(1) The department shall establish a uniform policy on the privilege of extended family visitation. Not fewer than sixty days before making any changes in any policy on extended family visitation, the department shall: (a) Notify the appropriate legislative committees of the proposed change; and (b) notify the committee created under section 23 of this act of the proposed change. The department shall seek the advice of the committee established under section 23 of this act and other appropriate committees on all proposed changes and shall, before the effective date of any change, offer the committees an opportunity to provide input on proposed changes.

(2) In addition to its duties under chapter 34.05 RCW, the department shall provide the committee established under section 23 of this act and other appropriate committees of the legislature a written copy of any proposed adoption, revision, or repeal of any rule relating to extended family visitation. Except for adoption, revision, or repeal of a rule on an emergency basis, the copy shall be provided not fewer than thirty days before any public hearing scheduled on the rule.

NEW SECTION. Sec. 10. A new section is added to chapter 72.09 RCW to read as follows:

An inmate found by the superintendent in the institution in which the inmate is incarcerated to have committed an aggravated assault against another person, under rules adopted by the department, is prohibited from participating in weight lifting for a period of two years from the date the finding is made. At the conclusion of the two-year period the superintendent shall review the inmate's infraction record to determine if additional weight-lifting prohibitions are appropriate. If, based on the review, it is determined by the superintendent that the inmate poses a threat to the safety of others or the order of the facility, or otherwise does not meet requirements for the weight-lifting privilege, the superintendent may impose an additional reasonable restriction period.

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

Purchases of recreational equipment following the effective date of this act shall be cost-effective and, to the extent possible, minimize an inmate's ability to substantially increase muscle mass. Dietary supplements made for the sole purpose of increasing muscle mass shall not be available for purchase by inmates unless prescribed by a physician for medical purposes or for inmates officially competing in department-sanctioned competitive weight lifting.

NEW SECTION. Sec. 12. A new section is added to chapter 72.09 RCW to read as follows:

No inmate may acquire or possess a television for personal use for at least sixty days following completion of his or her intake and evaluation process at the Washington Corrections Center or the Washington Corrections Center for Women.

NEW SECTION. Sec. 13. A new section is added to chapter 72.09 RCW to read as follows:

The secretary shall, in consultation with the attorney general, adopt by rule a uniform policy that prohibits receipt or possession of anything that is determined to be contraband. The rule shall provide consistent maximum protection of legitimate penological interests, including prison security and order and deterrence of criminal activity. 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. The secretary shall consult regularly with the committee created under section 23 of this act on the development of the policy and implementation of the rule.

Sec. 14. RCW 4.24.130 and 1995 c 246 s 34 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 not fewer than five days before 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 interests, 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.

((~~(2)~~)) (4) Name change petitions may be filed and shall be heard in superior court when the person desiring a change of his or her name or that of his or her child or ward is a victim of domestic violence as defined in RCW 26.50.010(1) and the person seeks to have the name change file sealed due to reasonable fear for his or her safety or that of his or her child or ward. Upon granting the name change, the superior court shall seal the file if the court finds that the safety of the person seeking the name change or his or her child or ward warrants sealing the file. In all cases filed under this subsection, whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed.

NEW SECTION. Sec. 15. 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 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. An offender officially communicating with the department may also use his or her new name in addition to the name under which he or she was committed. Violation of this section is a misdemeanor.

Sec. 16. 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 approved 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 department, or his or her designee.

Sec. 17. RCW 72.10.020 and 1989 c 157 s 3 are each amended to read as follows:

(1) Upon entry into the 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: (a) An identification of the offender's serious medical and dental needs; (b) an evaluation of the offender's capacity for work and recreation; and (c) 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.

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

(b) To discourage 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, as determined by the secretary. Under the authority granted in RCW 72.01.050(2), the secretary may authorize the superintendent to collect this amount directly from an offender's institution account. All copayments collected from offenders' institution accounts shall be deposited into the general fund.

(c) Offenders are required to make copayments for initial health care visits that are offender initiated and, by rule adopted by the department, may be charged a copayment for subsequent visits related to the medical condition which caused the initial visit. 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.

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

(e) 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 level of indigency as defined in chapter 72.09 RCW.

(3)(a) The department shall report annually to the legislature the following information for the fiscal year preceding the report: (i) The total number of health care visits made by offenders; (ii) the total number of copayments assessed; (iii) the total dollar amount of copayments collected; (iv) the total number of copayments not collected due to an offender's indigency; and (v) the total number of copayments not assessed due to the serious or emergent nature of the health care treatment or because the health care visit was not offender initiated.

(b) The first report required under this section shall be submitted not later than October 1, 1996, and shall include, at a minimum, all available information collected through the second half of fiscal year 1996. This subsection (3)(b) shall expire December 1, 1996.

(4)(a) The secretary shall adopt, by rule, a uniform policy relating to the distribution and replenishment of personal hygiene items for inmates incarcerated in all department institutions. The policy shall provide for the initial distribution of adequate personal hygiene items to inmates upon their arrival at an institution.

(b) The acquisition of replenishment personal hygiene items is the responsibility of inmates, except that indigent inmates shall not be denied adequate personal hygiene items based on their inability to pay for them.

(c) The policy shall provide that the replenishment personal hygiene items be distributed to inmates only in authorized quantities and at intervals that reflect prudent use and customary wear and consumption of the items.

(5) The following become a debt and are subject to section 4 of this act:

(a) All copayments under subsection (2) of this section that are not collected when the visit occurs; and

(b) All charges for replenishment personal hygiene items that are not collected when the item is distributed.

NEW SECTION. Sec. 18. The department shall adopt rules to implement RCW 72.10.020.

NEW SECTION. Sec. 19. The office of financial management shall contract with a private research company to conduct a review of the department of corrections health services delivery and administration to determine whether alternative methods, including other organizational models of service delivery and administration, could be more efficiently achieved by contracting with private vendors and whether there are more cost-efficient methods of providing nonprescription medications. The study shall include an analysis of the impact expanded privatization of administration or delivery of the services would have on the quality of health services and on critical components of the system including but not limited to eye and dental care and laboratory services. The study shall be submitted to the legislature by December 1, 1996. The decision to implement any recommendations made in the report shall be made by the legislature.

Sec. 20. 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) Is between the ages of eighteen and twenty-eight years~~)); and

((~~(c)~~)) (ii) 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) The length of the work ethic camp 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: (a) That upon completion of the work ethic camp the offender shall be released on community custody for any remaining time of total confinement; (b) the applicable conditions of supervision on community custody status as required by RCW 9.94A.120(9)(b) and authorized by RCW 9.94A.120(9)(c); and (c) that violation of the conditions may result in a return to total confinement for the balance of the offender's remaining time of confinement.

(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~~)) 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.

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

(1) The department is authorized to establish a camp for alien offenders and shall be ready to assign offenders to the camp not later than January 1, 1997. The secretary shall locate the camp within the boundaries of an existing department facility.

(2) The secretary, in consultation with the committee established in section 23 of this act, shall prepare a report to the legislature by December 1, 1995, on an implementation plan for the camp. The plan shall include recommendations on meeting the following goals: (a) Expedited deportation of alien offenders; (b) reduced daily costs of incarceration; (c) enhanced public benefit through an emphasis on inmate work and exemption from education programs other than those programs necessary for offenders to understand and follow directions; (d) minimum access to privileges; and (e) maximized use of nonstate resources for the costs of incarceration.

(3) In preparing the plan, the secretary shall address at least the following: (a) Eligibility criteria for prompt admission to the camp; (b) whether to have a minimum and maximum length of stay in the camp; (c) operational elements including residential arrangements, inmate conduct and programming standards, and achieving maximum cooperation with the United States government to expedite deportation of alien offenders and reduce the likelihood that alien offenders who complete the camp will avoid deportation; (d) mitigating adverse impacts the camp may have on other offender programs; (e) meeting the goals set forth in this section; and (f) any state law and fiscal issues that are necessary for implementation of the camp.

(4) The department shall consult with all appropriate public safety organizations and the committee created under section 23 of this act in developing the plan.

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 to the institution; and

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

(2) The teams shall meet at least quarterly and 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 that meets the criteria 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 created a joint committee on corrections cost-efficiencies oversight. The committee shall consist of: (a) Three members of the senate appointed by the president of the senate, two of whom shall be members of the majority party and one of whom shall be a member of the minority party; and (b) three members of the house of representatives, appointed by the speaker of the house of representatives, two of whom shall be members of the majority party and one of whom shall be a member of the minority party.

(2) The committee shall elect a chair and 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:

(a) Review all reports required under sections 25 and 26 of this act;

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

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

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

(f) By December 1, 1996, report to the legislature 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) This section expires July 1, 1997.

NEW SECTION. Sec. 24. A new section is added to chapter 43.17 RCW to read as follows:

(1) Through June 30, 1997, moneys shall not be appropriated or expended for acquisition of works of art under this chapter to be placed integral to, attached to, or detached within or outside a building or structure owned or operated by the department of corrections if the building or structure is not in existence or under construction as of the effective date of this act.

(2) The Washington state arts commission and the department of corrections shall prepare and deliver a report to the legislature by July 1, 1996, on the feasibility of creating class I or class II correctional industries for the creation of works of art created by resident Washington state artists and funded under this chapter for placement integral to, attached to, or detached within or outside buildings and structures owned or operated by the department of corrections.

(3) The report shall include, but not be limited to, a review of and recommendations on: (a) Whether to provide preferences or incentives to units of government other than the state to acquire works of art created by artists and produced in the department of corrections; (b) the size of a market for public and private sales of art produced in the department of corrections; (c) the appropriate process for selection of works of art to be produced in the department of corrections; and (d) the appropriate work and education skills that would be achieved by inmates engaged in the production of art.

(4) This section expires June 30, 1997.

NEW SECTION. Sec. 25. The department of corrections shall conduct the following reviews and prepare the following reports:

(1) The secretary shall seek federal funding for the incarceration of undocumented felons. The secretary shall 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. By December 1, 1995, the secretary shall submit a report on progress on these matters to the legislature and the committee created under section 23 of this act.

(2) The secretary shall review current perimeter security technologies and designs that could minimize or eliminate the need for staffed perimeter guard towers at medium, close, and maximum custody correctional institutions. By December 1, 1995, the secretary shall complete the review and submit a report, including recommendations, to the legislature and the committee created under section 23 of this act.

(3) The secretary shall review the feasibility and desirability of implementing a system to 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 in which 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. By December 1, 1995, the secretary shall submit a report, including recommendations, to the legislature and the committee created under section 23 of this act.

(4) The secretary shall prepare and provide to the legislature by July 1, 1996, a report on the implementation of the administrative and programmatic changes required by sections 5 through 8, 17, and 22 of this act. The report shall provide a comparative measure of the total number and percentages of inmates who obtain a composite eighth grade level of basic academic skills after implementation of chapter . . ., Laws of 1995 (this act).

NEW SECTION. Sec. 26. The department of corrections shall cooperate in the preparation of the following reviews and reports:

(1) 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. By December 1, 1995, the office of the state auditor shall submit a report of its findings and recommendations to the legislature and the secretary of corrections.

(2) The department of transportation shall review the feasibility and desirability of privatizing the department of corrections marine fleet, operation, or both. The review shall include a comparison of department of corrections employee salaries with equivalent private marine positions salaries. By December 1, 1995, the department of transportation shall submit its report, including recommendations, to the secretary of corrections, the legislature, and the committee created under section 23 of this act.

(3) 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 expansion to a uniform, state-wide planning, purchasing, and distribution of food products for state institutions, including but not limited to prisons, juvenile correctional institutions, and state hospitals. By December 1, 1995, the office of financial management and the department of general administration shall submit their report, including recommendations, to the secretary of corrections, the legislature, and the committee created under section 23 of this act.

(4) The printing and duplicating management center in the department of general administration shall review the feasibility and desirability of establishing a class II correctional industry within one or more correctional institutions, a print shop, and printers apprentice program. By December 1, 1995, the center shall submit its report, including recommendations, to the secretary of corrections, the legislature, and the committee created by section 23 of this act.

NEW SECTION. Sec. 27. (1)(a) In addition to the requirements of section 24 of this act, the correctional industries board of directors shall review the following options for expanding work programs, as defined in section 3 of this act: (i) Recycling of inorganic materials within or without the facilities; (ii) redesigning and refabrication of industrial products; (iii) data management services; (iv) industrial food services; (v) expanded opportunities for construction and maintenance of state adult and juvenile correctional institutions; (vi) construction of migrant farmworker housing using state and federal housing funds; (vii) opportunities for support staffing in recreation and fitness programs within institutions; (viii) use of the Airway Heights prison kitchen to prepare kosher meals for correctional facilities inside and outside Washington state; and (ix) horticulture specialty crops. The board shall consider the cost of the studies in determining the order of conducting the studies.

(b) The board shall examine at least the following in preparing its report: (i) The existence and sustainability of a public and private market for the item; (ii) the impact development of an option would have on private and public competitors producing the same item; (iii) demands on the resources of the department, including transportation and security costs; (iv) the number of job opportunities likely to be created; (v) requirements for staff training; and (vi) the costs and benefits of each option.

(2) The board shall report its findings and recommendations to the secretary and the committee created under section 23 of this act by June 30, 1996.

(3) The correctional industries board of directors and the secretary of corrections shall jointly review all current and proposed education and vocational training programs. 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 by December 1, 1995.

NEW SECTION. Sec. 28. (1) The secretary of corrections shall seek to expand the use of, and opportunities at, the correctional facility at McNeil Island. To accomplish this the secretary shall, among other things, make a formal request to the appropriate federal agencies for a waiver of environmental impact restrictions in order to increase the agricultural yield on McNeil Island. Additionally, the secretary shall seek authorization from the appropriate federal agencies to expand the acreage available for use at McNeil Island. The secretary shall initiate the request for waivers by August 1, 1995, and shall advise the committee created under section 23 of this act of the waiver request and any response to the request.

(2) If there are state statutory or regulatory constraints which operate to impede expanding the opportunities at, or size of, the facility at McNeil Island, the secretary shall inform the legislature and recommend any appropriate revisions.

Sec. 29. RCW 9.95.210 and 1995 c 33 s 6 are each amended to read as follows:

(1) In granting probation, the court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.

(2) In the order granting probation and as a condition thereof, the court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the court shall require the payment of the penalty assessment required by RCW 7.68.035. The court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: ((~~(1)~~)) (a) To comply with any order of the court for the payment of family support((~~, (2)~~)); (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement((~~, (3)~~)); (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required((~~, (4)~~)) ; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation((~~, (5)~~)); (e) to contribute to a county or interlocal drug fund((,)); and ((~~(6)~~)) (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

(3) The court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

(4) In granting probation, the court ((~~shall~~)) may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow ((~~implicitly~~)) the instructions of the secretary.

(5) If the probationer has been ordered to make restitution and the court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.

Sec. 30. RCW 9.92.060 and 1987 c 202 s 142 are each amended to read as follows:

(1) Whenever any person ((~~shall be~~)) is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, ((~~carnal knowledge~~)) rape of a ((~~female~~)) child ((~~under the age of ten years~~)), or rape, the court may in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by such court, and that the sentenced person be placed under the charge of a ((~~parole or peace officer during the term of such suspension,~~)) community corrections officer employed by the department of corrections upon such terms as the court may determine((~~: PROVIDED, That~~)).

(2) As a condition to suspension of sentence, the court shall require the payment of the penalty assessment required by RCW 7.68.035((~~: PROVIDED FURTHER, That as a condition to suspension of sentence~~)). In addition, the court may require the convicted person to make such monetary payments, on such terms as the court deems appropriate under the circumstances, as are necessary ((~~(1)~~)): (a) To comply with any order of the court for the payment of family support((~~, (2)~~)); (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement((~~, (3)~~)); (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required((,)); and ((~~(4)~~)) (d) to contribute to a county or interlocal drug fund. ((In no case shall a sentence be suspended under the provisions of this section unless the person if sentenced to confinement in a penal institution be placed under the charge of a parole officer, who is a duly appointed and acting officer of the institution to which the person is sentenced: PROVIDED, That persons convicted in district court may be placed under supervision of a probation officer employed for that purpose.))

(3) As a condition of the suspended sentence, the court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary.

(4) If restitution to the victim has been ordered under subsection (2)(b) of this section and the court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.

NEW SECTION. Sec. 31. A new section is added to chapter 9.95 RCW to read as follows:

(1) The Washington state law and justice advisory council, appointed under RCW 72.09.300(7), shall by October 1, 1995, develop proposed standards for the supervision of misdemeanant probationers sentenced by superior courts under RCW 9.92.060 or 9.95.210. In developing the standards, the council shall consider realistic current funding levels or reasonable expansions thereof, the recommendations of the department of corrections, county probation departments, superior and district court judges, and the misdemeanant corrections association. The supervision standards shall establish classifications of misdemeanant probationers based upon the seriousness of the offense, the perceived risks to the community, and other relevant factors. The standards may provide discretion to officials supervising misdemeanant probationers to adjust the supervision standards, for good cause, based upon individual circumstances surrounding the probationer. The supervision standards shall include provisions for reciprocal supervision of offenders who are sentenced in counties other than their counties of residence.

(2) The department of corrections shall report to the legislature by December 1, 1995, the estimated cost of fully implementing the proposed standards. The report shall rank by relative costs each of the elements of the proposed standards and shall identify the total daily supervision cost per offender. The report shall also include an accounting of the amount of supervision fees assessed and collected by the department under section 32 of this act.

NEW SECTION. Sec. 32. A new section is added to chapter 9.95 RCW to read as follows:

Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections, the department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. This assessment shall be paid to the department and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant.

Sec. 33. RCW 72.09.100 and 1994 c 224 s 1 are each amended to read as follows:

It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

(1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.

The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.

The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

(2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

Security and custody services shall be provided without charge by the department of corrections.

Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

Subject to approval of the correctional industries board, provisions of RCW 41.06.380 prohibiting contracting out work performed by classified employees shall not apply to contracts with Washington state businesses entered into by the department of corrections through class II industries.

(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

(a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

(b) Whenever possible, to provide forty hours of work or work training per week.

Supervising, management, and custody staff shall be employees of the department.

All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.

(4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

(5) CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an inmate, placed on community supervision, to work off all or part of a community service order as ordered by the sentencing court.

Employment shall be in a community service program operated by the state, local units of government, or a nonprofit agency.

To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.

NEW SECTION. Sec. 34. The legislature requires reductions in department of corrections staffing levels appropriated by the 1995-97 omnibus appropriations act be implemented so as to preserve the safe and orderly operation of the institutions, including the safety of staff, visitors, and inmates and to protect public safety. To accomplish this, the department shall target staff reductions in: (1) Exempt positions within the department's headquarters and division of prisons such as assistant secretaries, assistants to the secretary, superintendents, associate superintendents, and federal and state liaisons; and (2) management positions of lieutenant and above as classified by the department of personnel.

NEW SECTION. Sec. 35. A new section is added to chapter 72.09 RCW to read as follows:

The ratio of recreational leader positions 2, 3, and 4 to average daily inmate population within the department shall be maintained as established pursuant to the 1995 omnibus appropriations act.

NEW SECTION. Sec. 36. RCW 72.09.020 and 1988 c 153 s 7 & 1981 c 136 s 7 are each repealed.

NEW SECTION. Sec. 37. This act shall be known as the department of corrections cost-efficiency and inmate responsibility omnibus act.

NEW SECTION. Sec. 38. 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. 39. 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.

NEW SECTION. Sec. 40. 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.