[atlas:bill]

AN ACT Relating to postsecondary courses for inmates; amending RCW 72.09.480; and creating a new section.

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

NEW SECTION. Sec. 1. The department of corrections shall implement and obtain through a request for proposal process, a pilot postsecondary educational program for inmates.

(1) The secretary shall ensure that the request for proposal is offered to community and four-year colleges to provide postsecondary educational courses for inmates on a self-pay system.

(2) Inmates shall pay all costs and tuition for participation in the postsecondary courses.

(3) The secretary shall select for the pilot program one institution for males and one institution for females.

(4) The secretary shall ensure that the pilot program addresses all modes of instruction, including distance learning and other technologies.

(5) Inmates may use their own funds and funds deducted by the department under RCW 72.09.111 from their personal inmate savings account for the sole purposes of their postsecondary educational classes.

(6) The department shall provide any necessary space and administrative support if the college or university provides the postsecondary educational classes.

(7) The department shall administer the pilot postsecondary educational program for one year.

(8) The department shall prepare and submit a report to the legislature, not later than January 1, 2002, including recommendations regarding whether the pilot postsecondary educational program should be extended and stating the number of inmates who participated in the program.

Sec. 2. RCW 72.09.480 and 1999 c 325 s 1 are each amended to read as follows:

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

(a) "Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.

(b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the inmate.

(c) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree.

(2) When an inmate, except as provided in subsection (6) of this section, receives any funds in addition to his or her wages or gratuities, the additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11 RCW.

(3) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.

(4) The deductions required under subsection (2) of this section shall not apply to funds received by the department on behalf of an offender for payment of ((~~one~~)) fee-based education or vocational programs or related educational materials that ((is)) are associated with an inmate's work program or a placement decision made by the department under RCW 72.09.460 to prepare an inmate for work upon release. Any funds received by the department on behalf of an offender's education that are requested by that offender to be used for purposes other than education or vocational programming are subject to the deductions in subsection (2) of this section.

An inmate may, prior to the completion of the fee-based education or vocational program authorized under this subsection, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application based solely on the following criteria: (a) The inmate has been transferred to another institution by the department for reasons unrelated to education or a change to a higher security classification and the offender's current program is unavailable in the offender's new placement; (b) the inmate entered an academic program as an undeclared major and wishes to declare a major. No inmate may apply for more than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's current program; or (d) the offender's training or education has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement decision made by the department under RCW 72.09.460 to prepare the inmate for work upon release.

(5) The deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside sources for the payment of postage expenses. Money received under this subsection may only be used for the payment of postage expenses and may not be transferred to any other account or purpose. Money that remains unused in the inmate's postage fund at the time of release shall be subject to the deductions outlined in subsection (2) of this section.

(6) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds in addition to his or her gratuities, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation and twenty percent to the department to contribute to the cost of incarceration.

(7) The interest earned on an inmate savings account created as a result of the plan in section 4, chapter 325, Laws of 1999 shall be exempt from the mandatory deductions under this section and RCW 72.09.111.