BP BHEAD INT H

AN ACT Relating to corrections; amending RCW 72.09.135, 4.24.130, 72.10.020, 72.09.111, 9.94A.137, 72.09.070, 72.10.005, and 72.10.030; adding new sections to chapter 74.12 RCW; adding new sections to chapter 72.09 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. 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) The secretary shall implement, as part of the standards for correctional facilities, a mandatory inmate basic education and eight hour a day work policy for all facilities that includes but is not limited to the following components and directives:

(a) All inmates, with the exception of those with physical or mental impairments, confined to a segregation unit, in protective custody, on death row, or who are in sex offender treatment or special mental health treatment, shall be required to work in a correctional industries job for eight hours a day or participate in a department-approved education program based on their level of learning skills needs. Inmates who do not participate in a work or education program shall lose their ability to participate in offender privileges such as, but not limited to, family visitation, use of individual television, and the use of recreational facilities and equipment for recreational purposes. Inmates who choose not to participate shall also lose earned early release time commensurate with the time they choose not to work or participate in an education program. Inmates serving a life sentence shall be required to comply with work requirements only;

(b) The department shall require that all inmates be assessed for their level of literacy and basic skills within the first thirty days of their confinement;

(c) Inmates reading below the fifth grade level, except offenders sentenced to the illegal alien offender transition camp, shall be required to successfully participate full-time in an academic program that includes all appropriate learning skills linked to the attainment of demonstrated competency in arithmetic, language, and cognitive proficiency;

(d) Inmates that have attained a fifth to eighth grade level shall spend half days in basic skills academic programs and half days in vocational programs suitable to their aptitude, except offenders sentenced to the illegal alien offender transition camp;

(e) Once the offender has achieved the eighth grade level, he or she shall be required to work an eight-hour day in a correctional industries job. If a correctional industries job is not available and the inmate does not have a general education development certificate or a high school diploma, the inmate shall attend general educational development classes until they attain a general education development certificate or until a job becomes available. If no work is available, inmates with a high school diploma or general education development certificate then may attend vocational education classes until a job becomes available;

(f) The cost of all two-year associate degree programs or higher education degree programs including the cost of books, tuition, and fees shall be paid by the offender. Offenders serving a life sentence shall only be allowed to receive one associate degree or baccalaureate degree and once the degree is earned shall not be allowed to register for additional associate or baccalaureate degree programs. If an offender serving a life sentence requires vocational education for correctional industry employment as defined and allowed by the department he or she may participate in vocational training;

(g) General education development classes, high school education programs, and college courses shall, to the extent possible, be offered in the evening and on weekends. The focus shall be on maintaining work programs on a regular daytime schedule; and

(h) All vocational programs must be specifically relevant to the correctional industries jobs offered in the institution in terms of providing prerequisite training and continuing skill development that can be utilized in that particular enterprize.

(3) The education administrator for the department shall review all vocational training programs annually to insure the programs are relevant to the correctional industries jobs and appropriate.

(4) Inmates in protective custody shall be provided educational opportunities consistent with the terms of chapter . . ., Laws of 1995 (this act) to the extent possible.

(5) 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 eliminates 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.

NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:

An applicant for aid to families with dependent children is ineligible for monthly grant payments if the aid is for any dependent biological child conceived during a family visit at a state correctional facility.

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

Prior to permitting family visits to take place, the department shall notify all involved parties that children conceived during a family visit at a state correctional facility are not eligible to receive monthly grant payments through the aid to families with dependent children program administered by the department of social and health services.

NEW SECTION. Sec. 5. A new section is added to chapter 74.12 RCW to read as follows:

The department of social and health services shall seek all federal action necessary to carry out sections 3 and 4 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 72.09 RCW to read as follows:

(1) DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

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

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

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

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

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

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

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

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

(iv) Where any bodily excretory function is depicted;

(v) Where there is actual sexual penetration;

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

(vii) Bestiality, sadomasochistic behavior, or bondage;

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

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

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

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

Inmates who have participated in a family visit shall be subject to no less than ten random urine analysis tests for drugs any time for a period of six months after the family visit. If an inmate tests positive for drugs he or she shall not be eligible for a family visit for the remainder of his or her sentence. The department shall review all inmates' marriages prior to July 1, 1993, and allow them to participate in family visits.

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

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

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

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

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

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

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

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

(6) OFFENDER RECREATIONAL PRIVILEGES. Inmates shall not be allowed to use recreational facilities or recreational equipment for recreational purposes, such as but not limited to, gymnasiums, recreation yards for baseball, softball, volleyball, tennis, pickleball, hockey, soccer, or other group sports activities, and hobby and crafts shops, only if the inmate is employed in a correctional industries job or successfully participating in a department of corrections-approved education program. The department of corrections shall use inmate welfare funds to pay for all recreational equipment and supplies. 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 federal regulations. Inmates who the department have identified as having a physical or mental handicap shall be exempted from the restriction of privileges outlined in this subsection.

(7) INDIGENT INMATES AND INMATE PERSONAL SAVINGS ACCOUNT. The department shall consider an inmate indigent if the inmate has less than ten dollars of disposable income in his or her inmate savings 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 inmates account. Only indigent inmates shall have essential personal items provided by the department of corrections. Essential personal items shall include soap, razors, combs, tooth brushes, tooth paste, 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. Inmates shall not receive more than seventy-five dollars per month in their personal savings account from outside the prison.

Sec. 7. RCW 4.24.130 and 1992 c 30 s 1 are each amended to read as follows:

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. Any person committed to a department of corrections facility shall not be granted the order to legally change his or her name under the terms and conditions specified in this section 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 shall require the inmate to also use his or her committed name while incarcerated in a department of corrections facility.

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

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

(2) In order to discourage the unwarranted use of health care services, all offenders shall participate in the costs of health care services by paying no less than three dollars per health encounter. 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) Offenders are required to make copayments for health care services that are offender initiated. Offenders are not required to pay for emergency treatment or for visits initiated by health care staff or treatment of those conditions that constitute a serious health care need.

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

(5) 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.

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

Sec. 9. 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. 10. 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.

The sentencing court may consider an offender eligible to be sentenced to a work ethic 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 of corrections in accordance with all other terms and conditions of this section.

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

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

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

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

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 of corrections in accordance with all other terms and conditions of this section.

(b) 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) If the sentencing judge determines that the offender is eligible for the work ethic camp or the illegal alien offender transition camp and is likely to qualify under subsection ((~~(3)~~)) (4) 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 or illegal alien offender transition 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 or the illegal alien offender transition camp and, with concurrence from the sentencing judge, may refer the offender to the work ethic camp or illegal alien offender transition camp and adjust time served and community custody requirements as prescribed in this section. Offenders who successfully complete the illegal alien offender transition camp shall be classified as inmates on supervised release and 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 of corrections 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. The department of corrections 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 of corrections 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 of corrections.

((~~(3)~~)) (4) The department shall place the offender in the work ethic camp or illegal alien offender transition camp program, subject to capacity, unless (a) the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, (b) the department determines that the offender's custody level prevents placement in the program, or (c) the offender refuses to agree to the terms and conditions of the program.

((~~(4)~~)) (5) An ((~~inmate~~)) offender who fails to complete the work ethic camp or illegal alien offender transition 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 nonillegal alien offender with comprehensive transition training.

(7) All alien offenders eligible for the illegal alien offender transition camp sentencing option shall be informed by the sentencing court of their possible sentencing options. The alien offender must agree in writing to the terms and conditions of the illegal alien offender transition camp at the time of sentencing. The terms and conditions of the illegal alien offender transition camp shall be provided to the alien offender, both verbally and in writing, in his or her native language. If the alien offender meets all of the eligibility requirements for the illegal alien offender transition camp and agrees in writing to the terms and conditions for participation, the sentencing judge shall consider this sentencing option first.

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

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 one hundred twenty days after July 1, 1995. The department shall establish the illegal alien offender transition camp program cycle to last from sixty to one hundred eighty days. The department shall develop all aspects of the illegal alien offender transition camp program including, but not limited to, program standards, conduct standards, parameters, individual and team work goals, measures to hold the offender accountable for his or her behavior, and the successful completion of the illegal alien offender transition camp program granted to the offender based on successful attendance, participation, and performance as defined by the secretary. 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 the work ethic camp for general inmates. The department shall 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. Only illegal aliens who can be released to the immigration and naturalization services for deportation at the time of their release from the camp shall be sentenced to the illegal alien offender transition camp.

NEW SECTION. Sec. 12. 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.

The department of corrections shall, on behalf of the governor, the house of representatives committee on corrections, and the senate committee on human services and corrections, send a letter with the signature of the governor, speaker of the house of representatives, president of the senate, chairman of the corrections committee of the house of representatives, and chairman of the senate committee on human services and corrections to the president of the United States, president of the United States senate, speaker of the United States house of representatives, and our state's congregational delegation asking for them to recognize the unfair and enormous economic burden created by the failure of the immigration and naturalization service to adequately stem the flow of illegal aliens, and as such, seek funding to fully compensate the state of Washington for the costs associated with incarcerating every alien offender in our jails and prisons or establish by federal decree a mechanism for deporting alien offenders to prisons in their respective countries while maintaining sentencing parity under an arrangement of remuneration established by treaty with the federal government.

NEW SECTION. Sec. 13. The department of corrections shall review the staffing patterns of all corrections facilities and of the department of corrections headquarters and implement cost-efficiencies by streamlining the six levels of management and eliminating no less than twenty percent of management staff positions between the salary range of R99 through R40, including, but not limited to, assistant secretaries, superintendents, associate superintendents, corrections managers, unit supervisors, and correctional sergeants. Staff support for all other divisions within the department of corrections, excluding correctional industries, shall reduce staff by no less than five percent. All recreational leader positions 2s, 3s, and 4s shall be reduced by seventy-five percent. 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. 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 in January 8, 1997, on the implementation of reduction of overtime cost- efficiencies. 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 chapter. The report shall be submitted to appropriate committees of the house of representatives and the senate by December 12, 1995.

The legislative budget committee 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 1995-97 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.

Sec. 14. 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; and

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

(c) Use inmate work crews on any maintenance, repair, or construction 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. 15. A new section is added to chapter 72.09 RCW to read as follows:

Any construction firm conducting construction on a new adult or juvenile facility authorized by the legislature after January 1, 1995, or for any adult or juvenile facility that will be constructed by the department and available for occupancy after January 1, 1996, or any juvenile or adult corrections facility that will require new construction to increase the bed capacity after January 1, 1996, shall hire inmates under the custody of the department. Inmate labor shall make up no less than twenty percent of the total construction staff of the construction project. The department shall be responsible for training and 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 insure that no adult 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 federal regulations pertaining to adult offenders conducting legitimate work in juvenile correctional facilities.

NEW SECTION. Sec. 16. 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. 17. RCW 72.10.005 and 1989 c 157 s 1 are each amended to read as follows:

It is the intent of the legislature that inmates in the custody of the department of corrections receive such basic medical services as may be mandated by the federal Constitution and the Constitution of the state of Washington. Notwithstanding any other laws, it is the further intent of the legislature that the department of corrections may contract directly with any persons, firms, agencies, or corporations qualified to provide such services. Nothing in this chapter is to be construed to authorize a reduction in state employment in service component areas presently rendering such services or to preclude work typically and historically performed by department employees unless all department of corrections medical services are contracted out to a private contractor or medical services are to be provided in a facility scheduled to be constructed after January 1, 1996.

Sec. 18. 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 legislative budget committee 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 legislative budget committee review shall be submitted to appropriate committees of the legislature by December 12, 1995. If the legislative budget committee 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.

NEW SECTION. Sec. 19. The legislative budget committee shall, with assistance from the department of transportation, 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 legislative budget committee shall report their findings to appropriate committees of the legislature by December 12, 1995.

NEW SECTION. Sec. 20. 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 twice a year 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.

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

(1) There is hereby created a joint committee on 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) 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 cost-efficiencies;

(d) Provide directions to appropriate committee staff to conduct or cause to be conducted appropriate studies and review; and make necessary recommendations to the legislature;

(e) 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);

(f) Oversee all reports referred to the legislative budget committee; and

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

(5) 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.

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

NEW SECTION. Sec. 22. This act shall be known as the department of corrections cost-efficiency and inmate responsibility and accountability omnibus act.

NEW SECTION. Sec. 23. 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. 24. 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.