BP BHEAD INT H

AN ACT Relating to implementing a prison inmate hard labor chain gang work program; adding a new section to chapter 72.09 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. (1) The legislature finds that the number of prison inmates is growing at an unprecedented rate and the cost associated with housing them is creating a significant burden on our state economy. The legislature further finds that as correctional costs increase innovative new ways to manage inmates' idleness through productive inmate work programs should be developed and implemented. Inmate work programs have been found to be an effective means for rehabilitating many inmates and reducing recidivism. Furthermore, by requiring prison inmates to develop meaningful work ethics through hard labor inmates will gain valuable work experience, the correctional institutions will be able to better control institutional costs, and the public will realize their desire to have the best use of public resources on public safety.

(2) It is the intent of the legislature to develop a correctional industries hard labor work program that reduces the number of correctional officers needed to supervise groups of inmates on work details by requiring inmates to work on hard labor job details outside of the prison while they are chained to each other. The intent is to reduce prison idleness, lower prison costs, enhance inmate rehabilitation, and allow inmates the opportunity to contribute to the betterment of the local community through their labor. Community safety is the highest priority of this effort.

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

(1) The secretary shall develop a class III correctional industries program that requires nonviolent inmates of an institution to perform hard labor which is suited to the inmate's age, gender, physical and mental condition, and strength in the institution proper or at such places as may be determined by the secretary. Substantially equivalent hard labor programs shall be available to both male and female inmates as determined by the secretary. When an inmate is working outside the institution proper, the inmate shall be deemed at all times to be in the actual custody of the superintendent of the institution. Inmates performing hard labor on chain gangs at a location other than within or on the grounds of a correctional institution shall be attired in brightly colored uniforms that easily identify them as inmates of state correctional institutions. The employment of inmates in hard labor shall not displace employed workers, shall not be applied to skills, crafts, or trades in which a local surplus of labor exists, and shall not impair existing contracts of employment or services as defined by the correctional industries advisory board.

(2) For purposes of this section, "hard labor" means physical or mental labor which is performed for a defined period of time not to exceed forty hours each week. The hard work shall include useful and productive work and menial labor performed in a chain gang while outside the prison, and/or in work groups within the prison. To the extent that programs are available, inmates' participation may also be allowed to participate in correctional education and rehabilitation programs. "Hard labor" does not include labor which is dangerous to an inmate's health or life, is unduly painful, or is required to be performed under conditions that would violate occupational safety and health standards applicable to such labor if performed by a person who is not an inmate.

(3) Inmates who have been determined by the department to be unsuitable for the performance of hard labor skills due to the inmate's age, gender, physical or mental condition, strength, or security status shall not be required to perform hard labor.

NEW SECTION. Sec. 3. The department of corrections shall be required to implement the hard labor chain gang program by July 1, 1997. The department shall develop a working plan for this program by December 12, 1996. The plan shall include a procedure for program standards for the determination of suitability of an inmate for the performance of hard labor, including their security risk, and if an inmate is found to be suitable, the placement of the inmate in an appropriate correctional industries hard labor program. The plan shall outline the nature and type of hard labor work programs to be used in the program. The department shall be required to develop the plan in coordination with state and local agencies, the correctional industries advisory board, and members of the private sector. In selecting and developing work programs that are included within the plan, the department shall select work programs that require minimal additional administrative costs, minimize the need for additional corrections personnel, and can be shown to minimize the security risks to the general public. The plan shall be submitted to appropriate committees of the legislature by December 12, 1996.