BP BHEAD INT S [atlas:bill]

AN ACT Relating to inmate labor; amending RCW 72.09.010, 72.09.015, 72.09.070, 72.09.080, 72.09.090, 72.09.100, 72.09.104, 72.09.106, 72.09.111, 72.64.001, 72.64.010, 72.64.020, 72.64.030, 72.64.040, 72.64.050, 72.64.060, 72.64.070, 72.64.080, 72.64.090, 72.64.100, 72.64.110, 72.63.010, 72.63.020, 72.63.030, 72.63.040, 72.01.010, 72.01.110, 72.01.140, 72.01.150, 72.01.450, 72.01.452, 72.60.110, 72.60.160, 72.60.220, 43.19.534, 43.19.535, 72.62.010, 72.62.020, 72.62.030, 72.62.040, and 72.62.050; adding a new section to chapter 72.09 RCW; adding new sections to chapter 72.64 RCW; creating a new section; repealing RCW 72.60.235; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 72.09.010 and 1995 1st sp.s. c 19 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~~)) inmate for violating the laws of the state of Washington. This punishment should generally be limited to the denial of liberty of the ((~~offender~~)) inmate.

(3) The system should positively impact ((~~offenders~~)) inmates by stressing personal responsibility and accountability and by discouraging recidivism.

(4) The system should treat all ((~~offenders~~)) inmates fairly and equitably without regard to race, religion, sex, national origin, residence, or social condition.

(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 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) 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.

(6) The system should provide for prudent management of resources. The avoidance of unnecessary or inefficient public expenditures on the part of ((~~offenders~~)) inmates and the department is essential. ((~~Offenders~~)) Inmates 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 most ((~~offenders~~)) inmates return to the community, it is wise for the state and the communities to make an investment in effective habilitation and rehabilitation programs for ((~~offenders~~)) inmates and the wise use of resources.

(7) The system should provide for restitution. Those who have damaged others, persons or property, have a responsibility to make restitution for these damages.

(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.

(9) The system should not damage the interests of law-abiding residents of the state of Washington and should hold their interests above the interests of inmates, when those interests are in conflict.

(10) The system should meet those national standards which the state determines to be appropriate.

Sec. 2. RCW 72.09.015 and 1995 1st sp.s. c 19 s 3 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "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) "Representative from business" means a person nominated by one of the state-wide organizations representing varied business interests and appointed by the governor to the correctional industries board of directors.

(14) "Representative from labor" means a person nominated by a state-wide organization representing labor and appointed by the governor to the correctional industries board of directors.

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

((~~(14)~~)) (16) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections, or his or her designee.

((~~(15)~~)) (17) "Work programs" means all classes of correctional industries jobs authorized under RCW 72.09.100.

Sec. 3. 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;

(g) Exercise all other authority invested by statute in the correctional industries board of directors.

(3) The board of directors shall at least annually review the work performance of the director of correctional industries division ((~~with~~)) and make appropriate recommendations to the secretary.

(4) The ((~~director of~~)) correctional industries ((~~division~~)) board of directors 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 and to the legislature.

(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~~)) and to 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) Neither the department, an organization operating or managing an inmate work program, or another entity employing inmate labor within the state of Washington may contract with or employ a member of the board of directors during the member's time of service on the board, or for a period of two years from the termination of membership on the board of directors. Violation of this subsection (7) shall result in termination of any agreement or contract between the violator and the department.

Sec. 4. RCW 72.09.080 and 1993 sp.s. c 20 s 4 are each amended to read as follows:

(1) The correctional industries board of directors shall consist of nine voting members, appointed by the governor. Each member shall serve a three-year staggered term. Initially, the governor shall appoint three members to one-year terms, three members to two-year terms, and three members to three-year terms. The speaker of the house of representatives and the president of the senate shall each appoint one member from each of the two largest caucuses in their respective houses. The legislators so appointed shall be nonvoting members and shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first. The nine members appointed by the governor shall include three representatives from labor, three representatives from business representing cross-sections of industries and all sizes of employers, and three members from the general public.

(2) The board of directors shall elect a chair and such other officers as it deems appropriate from among the voting members.

(3) The voting members of the board of directors shall serve with compensation pursuant to RCW ((~~43.03.240~~)) 43.03.250 and shall be reimbursed by the department for travel expenses and per diem under RCW 43.03.050 and 43.03.060, as now or hereafter amended. Legislative members shall be reimbursed under RCW 44.04.120, as now or hereafter amended.

(4) The secretary shall provide such staff, services, facilities, and equipment as the board shall require to carry out its duties.

(5) Prior to August 1, 1997, the governor must review the membership of the board of directors and replace any member who does not meet the current statutory requirements for membership on the board of directors. Prior to making an appointment of a representative from business or a representative from labor, the governor shall request nominations from appropriate state-wide organizations.

Sec. 5. RCW 72.09.090 and 1989 c 185 s 6 are each amended to read as follows:

The correctional industries account is established in the state treasury. The department of corrections shall deposit in the account all moneys collected and all profits that accrue from the industrial and agricultural operations of the department and any moneys appropriated to the account. Moneys in the account may be spent only for expenses arising in the correctional industries operations.

The division's net profits from correctional industries' sales and contracts shall be reinvested as directed by the board of directors, without appropriation, in the expansion and improvement of correctional industries. However, the board of directors shall annually recommend that some portion of the profits from correctional industries be returned to the state general fund.

The board ((~~and secretary~~)) shall request appropriations or increased appropriations whenever it appears that additional money is needed to provide for the establishment and operation of a comprehensive correctional industries program.

Sec. 6. RCW 72.09.100 and 1995 1st sp.s. c 19 s 33 are each amended to read as follows:

It is the intent of the legislature to consolidate and vest in the ((~~department~~)) correctional industries board of directors 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~~)) correctional industries board of directors 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 enters into any agreements or contracts ((~~to provide such products or services~~)). The review shall include an assessment of the possibility that an unfair competitive advantage may be provided to an organization and 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 in accordance with rules adopted by the correctional industries board of directors. 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 review shall include an assessment of the possibility that an unfair competitive advantage may be provided to an organization and an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market. 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~~)) correctional industries board of directors.

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 in accordance with rules adopted by the correctional industries board of directors.

Subject to approval of the correctional industries board, provisions of RCW 41.06.380 and 41.06.382 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, in accordance with rules adopted under RCW 72.64.020, 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 or in competition with inmate labor, 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~~)) correctional industries board of directors.

(4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated, in accordance with rules adopted under RCW 72.64.020, 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, in accordance with rules adopted under RCW 72.64.020, 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. 7. A new section is added to chapter 72.09 RCW to read as follows:

In performing the reviews required by RCW 72.09.100, the correctional industries board of directors shall reject:

(1) An agreement or contract that would provide an unfair competitive advantage, in comparison to the Washington state business community or labor market, to any organization; or

(2) An agreement or contract that would negatively impact the Washington state business community or labor market.

In establishing rules for work programs, the correctional industries board of directors shall ensure that there will not be a negative impact upon the Washington state business community or labor market.

In the assessment of negative impact, the correctional industries board of directors may consider the offsetting positive impacts upon the Washington state business community and labor market created by achieving the goals of this chapter through the work programs.

The correctional industries board of directors shall, before July 1, 1998, review all existing work programs, and seek modification or termination of a work program that would not be approved under the criteria established in this section.

Sec. 8. RCW 72.09.104 and 1983 c 296 s 3 are each amended to read as follows:

The department of general administration and the department of corrections, in accordance with rules adopted under RCW 72.64.020, shall implement prison work programs to operate automated data input and retrieval systems for appropriate departments of state government.

Sec. 9. RCW 72.09.106 and 1989 c 185 s 8 are each amended to read as follows:

Class II correctional industries may, with the approval of the correctional industries board of directors, subcontract its data input and microfilm capacities to firms from the private sector. Inmates employed under these subcontracts will be paid in accordance with the Class I free venture industries procedures and wage scale.

Sec. 10. 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 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 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.

(c) The formula shall include the following minimum deduction from class IV gross gratuities: 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 percent 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~~)) inmate 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~~)) correctional industries board of directors 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~~)) correctional industries board of directors 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~~)) correctional industries board of directors 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~~)) correctional industries board of directors 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~~)) correctional industries board of directors 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~~)) correctional industries board of directors 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~~)) correctional industries board of directors to apportion the inmates between class I and class II depending on available contracts and resources.

Sec. 11. RCW 72.64.001 and 1981 c 136 s 108 are each amended to read as follows:

As used in this chapter:

"Department" means the department of corrections;

"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; and

"Secretary" means the secretary of corrections.

Sec. 12. RCW 72.64.010 and 1979 c 141 s 265 are each amended to read as follows:

The ((~~secretary shall have~~)) correctional industries board of directors has the power and it ((~~shall be his~~)) is its duty to provide for the useful employment of ((~~prisoners~~)) inmates in the adult correctional institutions((~~: PROVIDED, That~~)). However, no ((~~prisoners~~)) inmates shall be employed in what is known as the contract system of labor.

Sec. 13. RCW 72.64.020 and 1979 c 141 s 266 are each amended to read as follows:

The ((~~secretary~~)) correctional industries board of directors shall make the necessary rules ((~~and regulations~~)) governing the employment of ((~~prisoners~~)) inmates, the conduct of all such operations, and the disposal of the products thereof, under such restrictions as provided by law.

Sec. 14. RCW 72.64.030 and 1992 c 7 s 54 are each amended to read as follows:

Every ((~~prisoner~~)) inmate in a state correctional facility shall be required to work in such manner as may be prescribed by ((~~the secretary~~)) law, other than for the private financial benefit of any enforcement officer.

Sec. 15. RCW 72.64.040 and 1973 1st ex.s. c 154 s 105 are each amended to read as follows:

Where ((~~a prisoner~~)) an inmate is employed at any occupation for which pay is allowed or permitted, or at any gainful occupation from which the state derives an income, the department shall credit the ((~~prisoner~~)) inmate, except as otherwise provided by law, with the total amount of his or her earnings.

The amount of earnings credited but unpaid to ((~~a prisoner~~)) an inmate may be paid to the ((~~prisoner's~~)) inmate's spouse, children, mother, father, brother, or sister as the inmate may direct upon approval of the superintendent. Upon release, parole, or discharge, all unpaid earnings of the ((~~prisoner~~)) inmate shall be paid to him or her.

Sec. 16. RCW 72.64.050 and 1992 c 7 s 55 are each amended to read as follows:

The secretary shall also have the power, in accordance with rules adopted under RCW 72.64.020, to establish temporary branch institutions for state correctional facilities in the form of camps for the employment of ((~~prisoners~~)) inmates therein in farming, reforestation, wood-cutting, land clearing, processing of foods in state canneries, forest fire fighting, forest fire suppression and prevention, stream clearance, watershed improvement, development of parks and recreational areas, and other work to conserve the natural resources and protect and improve the public domain and construction of water supply facilities to state institutions.

Sec. 17. RCW 72.64.060 and 1979 c 141 s 269 are each amended to read as follows:

Any department, division, bureau, commission, or other agency of the state of Washington or any agency of any political subdivision thereof or the federal government, in accordance with rules adopted under RCW 72.64.020, may use, or cause to be used, ((~~prisoners confined in~~)) inmates of state penal or correctional institutions to perform work necessary and proper, to be done by them at camps to be established pursuant to the authority granted by RCW 72.64.060 through 72.64.090((~~: PROVIDED, That such prisoners~~)). However, the inmates shall not be authorized to perform work on any public road, other than access roads to forestry lands. The secretary may enter into contracts for the purposes of RCW 72.64.060 through 72.64.090.

Sec. 18. RCW 72.64.070 and 1979 c 141 s 270 are each amended to read as follows:

The department shall determine which ((~~prisoners~~)) inmates shall be eligible for employment under RCW 72.64.060, and shall establish and modify lists of ((~~prisoners~~)) inmates eligible for such employment, upon the requisition of an agency mentioned in RCW 72.64.060. The secretary may send to the place, and at the time designated, the number of ((~~prisoners~~)) inmates requisitioned, or such number thereof as have been determined to be eligible for such employment and are available. No ((~~prisoner~~)) inmate shall be eligible or shall be released for such employment until his or her eligibility therefor has been determined by the department.

The secretary may return to prison any ((~~prisoner~~)) inmate transferred to camp pursuant to this section, when the need for ((~~such prisoner's~~)) the inmate's labor has ceased or when the ((~~prisoner~~)) inmate is guilty of any violation of the rules ((~~and regulations~~)) of the prison or camp.

Sec. 19. RCW 72.64.080 and 1979 c 141 s 271 are each amended to read as follows:

The agency providing for ((~~prisoners~~)) inmates under RCW 72.64.060 through 72.64.090 shall, in accordance with rules adopted under RCW 72.64.020, designate and supervise all work done under the provisions thereof. The agency shall provide, erect, and maintain any necessary camps, except that where no funds are available to the agency, the department may provide, erect, and maintain the necessary camps. The secretary shall supervise and manage the necessary camps and commissaries.

Sec. 20. RCW 72.64.090 and 1959 c 28 s 72.64.090 are each amended to read as follows:

The department shall have full jurisdiction at all times over the discipline and control of the ((~~prisoners~~)) inmates performing work under RCW 72.64.060 through 72.64.090.

NEW SECTION. Sec. 21. A new section is added to chapter 72.64 RCW to read as follows:

Prior to the commitment of inmate labor to employment outside the confines of a correctional facility, and at least forty-eight hours prior to the dispatch of any inmate to a worksite outside the confines of a correctional facility, the secretary, in accordance with rules adopted under RCW 72.64.020, shall provide for notification to the community in which the worksite is located.

NEW SECTION. Sec. 22. A new section is added to chapter 72.64 RCW to read as follows:

No person, other than an employee of the department, may supervise inmates in work duties unless he or she has successfully completed, in accordance with rules adopted under RCW 72.64.020, a training course conducted by the department. The training course shall include, as a minimum, the issues of: (1) Security, including interdiction of contraband; (2) discrimination, including sexual harassment; and (3) personnel management, including problem areas in the management of inmates.

NEW SECTION. Sec. 23. A new section is added to chapter 72.64 RCW to read as follows:

Unless authorized in writing in advance as provided for by the department, any visit to an inmate employee, while the inmate is outside the confines of a correctional facility, by a person other than the inmate's employer or other person involved in the inmate's current employment shall constitute grounds for restriction of the inmate to employment within the confines of the correctional facility in which he or she is incarcerated.

NEW SECTION. Sec. 24. A new section is added to chapter 72.64 RCW to read as follows:

Inmates may not be employed in telemarketing, or in any endeavor involving telecommunications, including computer networks, that allow access to persons or locations outside the confines of the correctional facility in which they are incarcerated.

Sec. 25. RCW 72.64.100 and 1979 c 141 s 272 are each amended to read as follows:

The secretary, in accordance with rules adopted under RCW 72.64.020, is authorized to establish and operate regional jail camps for the confinement, treatment, and care of persons sentenced to jail terms in excess of thirty days, including persons so imprisoned as a condition of probation. The secretary shall make rules ((~~and regulations~~)) governing the eligibility for commitment or transfer to such camps and rules ((~~and regulations~~)) for the government of such camps. Subject to the rules ((~~and regulations~~)) of the secretary, and if there is in effect a contract entered into pursuant to RCW 72.64.110, a county prisoner may be committed to a regional jail camp in lieu of commitment to a county jail or other county detention facility.

Sec. 26. RCW 72.64.110 and 1980 c 17 s 1 are each amended to read as follows:

(1) The secretary, in accordance with rules adopted under RCW 72.64.020, may enter into a contract with any county of the state, upon the request of the sheriff thereof, wherein the secretary agrees to furnish confinement, care, treatment, and employment of county prisoners. The county shall reimburse the state for the cost of such services. Each county shall pay to the state treasurer the amounts found to be due.

(2) The secretary shall accept such county prisoner if he or she believes that the prisoner can be materially benefited by such confinement, care, treatment, and employment, and if adequate facilities to provide such care are available. No such person shall be transported to any facility under the jurisdiction of the secretary until the secretary has notified the referring court of the place to which ((~~said~~)) the person is to be transmitted and the time at which he or she can be received.

(3) The sheriff of the county in which such an order is made placing a misdemeanant in a jail camp pursuant to this chapter, or any other peace officer designated by the court, shall execute an order placing such county prisoner in the jail camp or returning him or her therefrom to the court.

(4) The secretary may return to the committing authority, or to confinement according to his or her sentence, any person committed or transferred to a regional jail camp pursuant to this chapter when there is no suitable employment or when such person is guilty of any violation of rules ((~~and regulations~~)) of the regional jail camp.

Sec. 27. RCW 72.63.010 and 1985 c 286 s 1 are each amended to read as follows:

The legislature finds and declares that the establishment of ((~~prison~~)) work programs that allow ((~~prisoners~~)) inmates to undertake food fish, shellfish, and game fish rearing projects ((~~and~~)), game bird and game animal improvement, restoration, and protection projects, and other wildlife and habitat projects is needed to reduce idleness, promote the growth of ((~~prison~~)) correctional industries, and provide ((~~prisoners~~)) inmates with skills necessary for their successful reentry into society.

Sec. 28. RCW 72.63.020 and 1994 c 264 s 43 are each amended to read as follows:

The departments of corrections and fish and wildlife, in accordance with rules adopted under RCW 72.64.020, shall establish at or near appropriate state institutions, as defined in RCW 72.65.010, ((~~prison~~)) work programs that use ((~~prisoners~~)) inmates to undertake state food fish, shellfish, and game fish rearing projects and state game bird and game animal improvement, restoration, and protection projects and that meet the requirements of RCW 72.09.100.

The department of corrections shall seek to identify a group of ((~~prisoners~~)) inmates at each appropriate state institution, as defined by RCW 72.65.010, that are interested in participating in ((~~prison~~)) work programs established by this chapter.

If the department of corrections is unable to identify a group of ((~~prisoners~~)) inmates to participate in work programs authorized by this chapter, it may enter into an agreement with the department of fish and wildlife for the purpose of designing projects for any institution. Costs under this section shall be borne by the department of corrections.

The departments of corrections and fish and wildlife shall use ((~~prisoners~~)) inmates, where appropriate, to perform work in state projects that may include the following types:

(1) Food fish, shellfish, and game fish rearing projects, including but not limited to egg planting, egg boxes, juvenile planting, pen rearing, pond rearing, raceway rearing, and egg taking;

(2) Game bird and game animal projects, including but not limited to habitat improvement and restoration, replanting and transplanting, nest box installation, pen rearing, game protection, and supplemental feeding((~~: PROVIDED, That~~)). However, no project shall be established at the department of fish and wildlife's south Tacoma game farm;

(3) Other wildlife and habitat projects;

(4) Manufacturing of equipment for use in fish and game volunteer cooperative projects permitted by the department of fish and wildlife, or for use in prison work programs with fish and game; and

((~~(4)~~)) (5) Maintenance, repair, restoration, and redevelopment of facilities operated by the department of fish and wildlife.

Sec. 29. RCW 72.63.030 and 1994 c 264 s 44 are each amended to read as follows:

(1) The department of fish and wildlife shall provide professional assistance from biologists, fish culturists, pathologists, engineers, habitat managers, and other departmental staff to assist the development and productivity of ((~~prison~~)) work programs under RCW 72.63.020, upon agreement with the department of corrections.

(2) The department of fish and wildlife shall identify and describe potential and pilot projects that are compatible with the goals of the various departments involved and that are particularly suitable for ((~~prison~~)) work programs.

(3) The department of fish and wildlife ((~~may~~)) must make available surplus hatchery rearing space, net pens, egg boxes, portable rearing containers, incubators, and any other departmental facilities or property that are available for loan to the department of corrections to carry out ((~~prison~~)) work programs under RCW 72.63.020.

(4) The department of fish and wildlife shall provide live fish eggs, bird eggs, juvenile fish, game animals, or other appropriate seed stock, juveniles, or brood stock of acceptable disease history and genetic composition for the ((~~prison~~)) work projects at no cost to the department of corrections, to the extent that such resources are available. Fish food, bird food, or animal food may be provided by the department of fish and wildlife to the extent that funding is available.

(5) The department of natural resources shall assist in the implementation of the program where project sites are located on public beaches or state owned aquatic lands.

Sec. 30. RCW 72.63.040 and 1989 c 185 s 13 are each amended to read as follows:

The costs of implementation of the projects prescribed by this chapter shall be supported to the extent that funds are available under the provisions of chapter 75.52 RCW, and from correctional industries funds as approved by the correctional industries board of directors.

Sec. 31. RCW 72.01.010 and 1981 c 136 s 66 are each amended to read as follows:

As used in this chapter:

"Department" means the departments of social and health services and corrections; and

"Secretary" means the secretaries of social and health services and corrections.

The powers and duties granted and imposed in this chapter, when applicable, apply to both the departments of social and health services and corrections and the secretaries of social and health services and corrections for institutions under their control. A power or duty may be exercised or fulfilled jointly if joint action is more efficient, as determined by the secretaries. Powers and duties granted in whole or in part to the correctional industries board of directors shall be exercised or fulfilled as provided by law.

Sec. 32. RCW 72.01.110 and 1959 c 28 s 72.01.110 are each amended to read as follows:

The department may employ the services of competent architects for the preparation of plans and specifications for new buildings, or for repairs, changes, or additions to buildings already constructed, employ competent persons to superintend the construction of new buildings or repairs, changes, or additions to buildings already constructed and call for bids and award contracts for the erection of new buildings, or for repairs, changes, or additions to buildings already constructed((~~: PROVIDED, That~~)). However, the department of corrections may, in accordance with rules adopted under RCW 72.64.020, proceed with the erecting of any new building, or repairs, changes, or additions to any buildings already constructed, employing thereon the labor of the inmates of the institution, when in its judgment the improvements can be made in as satisfactory a manner and at a less cost to the state by so doing.

Sec. 33. RCW 72.01.140 and 1981 c 238 s 1 are each amended to read as follows:

The secretary, in accordance with rules adopted under RCW 72.64.020, shall:

(1) Make a survey, investigation, and classification of the lands connected with the state institutions under his or her control, and determine which thereof are of such character as to be most profitably used for agricultural, horticultural, dairying, and stock raising purposes, taking into consideration the costs of making them ready for cultivation, the character of the soil, its depth and fertility, the number of kinds of crops to which it is adapted, the local climatic conditions, the local annual rainfall, the water supply upon the land or available, the needs of all state institutions for the food products that can be grown or produced, and the amount and character of the available labor of inmates at the several institutions;

(2) Establish and carry on suitable farming operations at the several institutions under his or her control;

(3) Supply the several institutions with the necessary food products produced thereat;

(4) Exchange with, or furnish to, other institutions, food products at the cost of production;

(5) Sell and dispose of surplus food products produced.

This section shall not apply to the Rainier school for which cognizance of farming operations has been transferred to Washington State University by RCW 72.01.142.

Sec. 34. RCW 72.01.150 and 1979 c 141 s 150 are each amended to read as follows:

The secretary, in accordance with rules adopted under RCW 72.64.020 as to the department of corrections, shall:

(1) Establish, install, and operate, at the several state institutions under his or her control, such industries and industrial plants as may be most suitable and beneficial to the inmates thereof, and as can be operated at the least relative cost and the greatest relative benefit to the state, taking into consideration the needs of the state institutions for industrial products, and the amount and character of labor of inmates available at the several institutions;

(2) Supply the several institutions with the necessary industrial products produced thereat;

(3) Exchange with, or furnish to, other state institutions industrial products at prices to be fixed by the department, not to exceed in any case the price of such products in the open market;

(4) Sell and dispose of surplus industrial products produced, to such persons and under such rules, ((~~regulations,~~)) terms, and prices as may be in his or her judgment for the best interest of the state;

(5) Sell products of the plate mill to any department, to any state, county, or other public institution and to any governmental agency, of this or any other state under such rules, ((~~regulations,~~)) terms, and prices as may be in his or her judgment for the best interests of the state.

Sec. 35. RCW 72.01.450 and 1981 c 136 s 76 are each amended to read as follows:

The secretary is authorized to enter into agreements with any school district or any institution of higher learning for the use of the facilities, equipment, and personnel, other than inmates, of any state institution of the department, for the purpose of conducting courses of education, instruction, or training in the professions and skills utilized by one or more of the institutions, at such times and under such circumstances and with such terms and conditions as may be deemed appropriate.

Sec. 36. RCW 72.01.452 and 1979 c 141 s 169 are each amended to read as follows:

The secretary is authorized to enter into an agreement with any agency of the state, a county, city, or political subdivision of the state for the use of the facilities, equipment, and personnel, other than inmates, of any institution of the department for the purpose of conducting courses of education, instruction, or training in any professional skill having a relationship to one or more of the functions or programs of the department.

Sec. 37. RCW 72.60.110 and 1959 c 28 s 72.60.110 are each amended to read as follows:

The department, in accordance with rules adopted under RCW 72.64.020, is ((~~hereby~~)) authorized and empowered to cause the inmates in the state institutions of this state to be employed in the rendering of such services and in the production and manufacture of such articles, materials, and supplies as are now, or may hereafter be, needed by the state, or any political subdivision thereof, or that may be needed by any public institution of the state or of any political subdivision thereof.

Sec. 38. RCW 72.60.160 and 1981 c 136 s 103 are each amended to read as follows:

All articles, materials, and supplies herein authorized to be produced or manufactured in correctional institutions may, in accordance with rules adopted under RCW 72.64.020, be purchased from the institution producing or manufacturing the same by any state agency or political subdivision of the state, and the secretary ((~~shall~~)) may, in accordance with rules adopted under RCW 72.64.020, require those institutions under his or her direction to give preference to the purchasing of their needs of such articles as are so produced.

Sec. 39. RCW 72.60.220 and 1981 c 136 s 105 are each amended to read as follows:

The department may cause to be prepared annually, at such times as it may determine, lists containing the descriptions of all articles and supplies manufactured and produced in state correctional institutions; copies of such list shall be sent to the supervisor of purchasing and to all departments, institutions, and agencies of the state of Washington and its political subdivisions.

Sec. 40. RCW 43.19.534 and 1993 sp.s. c 20 s 1 are each amended to read as follows:

State agencies, the legislature, and departments shall purchase for their use all goods and services required by the legislature, agencies, or departments that are produced or provided in whole or in part from class II inmate work programs operated by the department of corrections through state contract. These goods and services shall not be purchased from any other source unless, upon application by the department or agency((~~: (1)~~)) the department of general administration finds that: (1) The articles or products do not meet the reasonable requirements of the agency or department, (2) the articles or products are not of equal or better quality, or (3) the price of the product or service is higher than that produced by the private sector. ((However, the criteria contained in (1), (2), and (3) of this section for purchasing goods and services from sources other than correctional industries do not apply to goods and services produced by correctional industries that primarily replace goods manufactured or services obtained from outside the state.)) The ((~~department of corrections~~)) correctional industries board of directors and the department of general administration shall adopt administrative rules that implement this section.

Sec. 41. RCW 43.19.535 and 1981 c 136 s 15 are each amended to read as follows:

Any person, firm, or organization which makes any bid to provide any goods or any services to any state agency ((~~shall~~)) may be granted a preference over other bidders if: (1) The goods or services have been or will be produced or provided in whole or in part by an inmate work program of the department of corrections ((~~and~~)); (2) an amount equal to at least fifteen percent of the total bid amount has been paid or will be paid by the person, firm, or organization to inmates as wages; and (3) all other bid requirements, including quality of product and timeliness of delivery, are met to the satisfaction of the agency. The preference provided under this section shall be equal to ((~~ten~~)) five percent of the total bid amount. The correctional industries board of directors and the department of general administration shall adopt rules to implement this section.

Sec. 42. RCW 72.62.010 and 1972 ex.s. c 7 s 1 are each amended to read as follows:

The legislature declares that programs of vocational education are essential to the habilitation and rehabilitation of ((~~residents~~)) inmates of state correctional institutions and facilities. It is the purpose of this chapter to provide for greater reality and relevance in the vocational education programs within the correctional institutions of the state and to coordinate the vocational education programs with the work programs through the correctional industries board of directors.

Sec. 43. RCW 72.62.020 and 1989 c 185 s 12 are each amended to read as follows:

When used in this chapter, unless the context otherwise requires:

The term "vocational education" means a planned series of learning experiences, the specific objective of which is to prepare individuals for gainful employment as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations, but shall not mean programs the primary characteristic of which is repetitive work for the purpose of production, including the correctional industries program. Nothing in this section shall be construed to prohibit the correctional industries board of directors from identifying and establishing trade advisory or apprenticeship committees to advise them on correctional industries work programs or vocational education programs.

Sec. 44. RCW 72.62.030 and 1983 c 255 s 6 are each amended to read as follows:

Products, goods, wares, articles, or merchandise manufactured or produced by ((~~residents~~)) inmates of state correctional institutions or facilities within or in conjunction with vocational education programs for the training, habilitation, and rehabilitation of inmates may be sold on the open market in accordance with rules adopted under RCW 72.64.020. When services are performed by ((~~residents~~)) inmates within or in conjunction with such vocational education programs, the cost of materials used and the value of depreciation of equipment used may be recovered.

Sec. 45. RCW 72.62.040 and 1981 c 136 s 107 are each amended to read as follows:

The secretary of ((~~the department of social and health services or the secretary of~~)) corrections((~~, as the case may be,~~)) shall credit the proceeds derived from the sale of such products, goods, wares, articles, or merchandise manufactured or produced by inmates of state correctional institutions within or in conjunction with vocational education programs to the institution where manufactured or produced to be deposited in a revolving fund to be expended for the purchase of supplies, materials, and equipment for use in vocational education.

Sec. 46. RCW 72.62.050 and 1972 ex.s. c 7 s 5 are each amended to read as follows:

Labor-management trade advisory and apprenticeship committees shall be constituted by the ((~~department~~)) correctional industries board of directors for each vocation taught within the vocational education programs in the state correctional system.

NEW SECTION. Sec. 47. RCW 72.60.235 and 1991 c 256 s 2 are each repealed.

NEW SECTION. Sec. 48. 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 takes effect July 1, 1997.

NEW SECTION. Sec. 49. The governor, the secretary of corrections, and the correctional industries board of directors may take those steps necessary to ensure that this act is implemented on its effective date.

NEW SECTION. Sec. 50. 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.