AN ACT
Relating to jail industries; amending RCW 36.110.020, 36.110.120, and
36.110.130; adding new sections to chapter 36.110 RCW; and repealing RCW
36.110.040.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.110.020 and 1993 c 285 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Board" means the state-wide jail industries board of directors.
(2)
"City" means any city, town, or code city.
(3)
"Cost accounting center" means a specific industry program operated
under the private sector prison industry enhancement certification program as
specified in 18 U.S.C. Sec. 1761.
(4)
"Court-ordered legal financial obligation" means a sum of money that
is ordered by a superior, district, or municipal court of the state of
Washington for payment of restitution to a victim, a statutorily imposed crime
victims compensation fee, court costs, a county or interlocal drug fund, court
appointed attorneys' fees and costs of defense, fines, and other legal
financial obligations that are assessed as a result of a felony or misdemeanor
conviction.
(5)
"Free venture employer model industries" means ((types of
industries which produce products, goods, or services through two modalities:
(a) Employer model:)) an agreement between a city or county
and a private sector business or industry or nonprofit organization to produce
goods or services to both public and private sectors((; (b))) utilizing
jail inmates whose compensation and supervision are provided by the private
sector business or entity.
"Free
venture customer model((: An industry operated and managed)) industries"
means an agreement between a city or county and a private sector business or
industry, or nonprofit organization to provide Washington state
manufacturers or businesses with products or services currently produced,
provided, ((and)) or assembled by out-of-state or foreign
suppliers utilizing jail inmates whose compensation and supervision are
provided by the incarcerating facility or local jurisdiction.
(6)
"Jail inmate" means a preconviction or postconviction resident of a
city or county jail who is determined to be eligible to participate in jail
inmate work programs according to the eligibility criteria of the work program.
(7)
"Private sector prison industry enhancement certification program"
means that program authorized by the United States justice assistance act of
1984, 18 U.S.C. Sec. 1761.
(8)
"Tax reduction industries" means those industries as designated by a
city or county owning and operating such an industry to provide work training
and employment opportunities for jail inmates, in total confinement, which
reduce public support costs. The goods and services of these industries may be
sold to public agencies, nonprofit organizations, and private contractors when
the goods purchased will be ultimately used by a public agency or nonprofit organization.
Surplus goods from these operations may be donated to government and nonprofit
organizations.
Sec.
2. RCW
36.110.120 and 1993 c 285 s 12 are each amended to read as follows:
(1)
A jail inmate who works in a free venture industry or a tax reduction
industry shall be considered an employee of that industry only for the
purpose of the Washington industrial safety and health act, chapter 49.17 RCW,
as long as the public safety is not compromised, and for eligibility for
industrial insurance benefits under Title 51 RCW, as provided in this
section. ((However,))
(2)
For jail inmates participating in free venture employer model industries, the
private sector business or industry or the nonprofit organization that is party
to the agreement, shall provide industrial insurance coverage under Title 51
RCW. Local jurisdictions shall not be responsible for obligations under Title
51 RCW in a free venture employer model industry except as provided in RCW
36.110.130.
(3)
For jail inmates participating in free venture customer model industries, the
incarcerating entity or jurisdiction, the private sector business or industry,
or the nonprofit organization that is party to the agreement, shall provide
industrial insurance coverage under Title 51 RCW dependent upon how the parties
to the agreement choose to finalize the agreement.
(4)
For jail inmates incarcerated and participating in tax reduction industries:
(a)
Local jurisdictions that are self-insured may elect to provide medical aid
benefits coverage only under chapter 51.36 RCW through the state fund.
(b)
Local jurisdictions, to include self-insured jurisdictions, may elect to
provide industrial insurance coverage under Title 51 RCW through the state
fund.
(5)
If industrial insurance coverage under Title 51 RCW is provided for inmates
under this section, eligibility for benefits for either the inmate or the
inmate's dependents or beneficiaries for temporary total disability or
permanent total disability under RCW 51.32.090 or 51.32.060, respectively,
shall not take effect until the inmate is discharged from custody by order of a
court of appropriate jurisdiction. Nothing in this section shall be construed
to confer eligibility for any industrial insurance benefits to any jail inmate
who is not employed in a ((nonfree)) free venture industry
or a tax reduction industry.
Sec.
3. RCW
36.110.130 and 1993 c 285 s 13 are each amended to read as follows:
In the
event of a failure ((or discontinuance)) such as a bankruptcy
or dissolution, of a private sector business, industry, or nonprofit
organization engaged in a free venture industry agreement, responsibility
for obligations under Title 51 RCW shall be borne by the city or county
responsible for establishment of ((such)) the free venture
industry agreement, as if the city or county had been the employing
agency. To ensure that this obligation can be clearly identified and
accomplished, and to provide accountability for purposes of the department of labor
and industries, a free venture jail industry agreement entered into by a city
or county and private sector business, industry, or nonprofit organization
should be filed under a separate master business application, establishing a
new and separate account with the department of labor and industries, and not
be reported under an existing account for parties to the agreement.
NEW
SECTION. Sec. 4. A new
section is added to chapter 36.110 RCW to read as follows:
Technical
training assistance shall be provided to local jurisdictions by the board at
the jurisdiction's request. To facilitate and promote the development of local
jail industries programs, this training and technical assistance may include
the following: (1) Delivery of state-wide jail industry implementation
workshops for administrators of jail industries programs; (2) development of
recruitment and education programs for local business and labor to gain their
participation; (3) ongoing staff assistance regarding local jail industries
issues, such as sound business management skills, development of a professional
business plan, responding to questions regarding risk management, industrial
insurance, and similar matters; and (4) provision of guidelines and assistance
for the coordination of basic educational programs and jail industries as well
as other technical skills required by local jails in the implementation of
safe, productive, and effective jail industries programs.
NEW
SECTION. Sec. 5. A new
section is added to chapter 36.110 RCW to read as follows:
Any
member serving in their official capacity on the Washington state jail
industries board, in either an appointed or advisory capacity, or either their
employer or employers, or other entity that selected the members to serve, are
immune from a civil action based upon an act performed in good faith.
NEW SECTION. Sec. 6. RCW
36.110.040 and 1993 c 285 s 4 are each repealed.
