AN
ACT Relating to legal financial obligation deductions from inmate funds and
wages; and amending RCW 72.11.020, 72.09.111, and 72.65.050.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
72.11.020 and 1989 c 252 s 23 are each amended to read as follows:
The
secretary shall be custodian of all funds of a convicted person that are in his
or her possession upon admission to a state institution, or that are sent or
brought to the person, or earned by the person while in custody, or that are
forwarded to the superintendent on behalf of a convicted person. All such
funds shall be deposited in the personal account of the convicted person within
the institutional resident deposit account as established by the office of
financial management pursuant to RCW 43.88.195, and the secretary shall have
authority to disburse money from such person's personal account for the
purposes of satisfying a court-ordered legal financial obligation to the
court. Legal financial obligation deductions shall be made as stated in RCW
72.09.111(1) and 72.65.050 without exception. Unless specifically granted
authority herein, at no time shall the withdrawal of funds for the payment of a
legal financial obligation result in reducing the inmate's account to an amount
less than the defined level of indigency to be determined by the department.
Further,
unless specifically altered herein, court-ordered legal financial obligations
shall be paid.
Sec.
2. RCW
72.09.111 and 1999 c 325 s 2 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;
and
(iv)
Twenty percent for payment of legal financial obligations for all inmates who
have legal financial obligations owing in any Washington state superior court.
(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;
and
(iv)
Twenty percent for payment of legal financial obligations for all inmates who
have legal financial obligations owing in any Washington state superior court.
(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 or sentenced to death 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.
(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.
Sec.
3. RCW
72.65.050 and 1979 c 141 s 278 are each amended to read as follows:
A
prisoner employed under a work release plan shall surrender to the secretary,
or to the superintendent of such state correctional institution as shall be
designated by the secretary in the plan, his or her total earnings, less
payroll deductions required by law, or such payroll deductions as may
reasonably be required by the nature of the employment and less such amount
which his or her work release plan specifies he or she should
retain to help meet his or her personal needs, including costs necessary
for his or her participation in the work release plan such as expenses
for travel, meals, clothing, tools and other incidentals. The secretary, or
the superintendent of the state correctional institution designated in the work
release plan shall deduct from such earnings, and make payments from such work
release participant's earnings in the following order of priority:
(1)
Reimbursement to the department for any expenses advanced for vocational
training pursuant to RCW 72.65.020(2), or for expenses incident to a work
release plan pursuant to RCW 72.65.090.
(2)
Payment of board and room charges for the work release participant: PROVIDED,
That if the participant is housed at a state correctional institution, the
average daily per capita cost for the operation of such correctional institution,
excluding capital outlay expenditures, shall be paid from the work release
participant's earnings to the general fund of the state treasury: PROVIDED
FURTHER, That if such work release participant is housed in another facility
pursuant to agreement, then the charges agreed to between the department and
the appropriate authorities of such facility shall be paid from the
participant's earnings to such appropriate authorities.
(3)
Payments for the necessary support of the work release participant's dependents,
if any.
(4)
Ten percent for payment of legal financial obligations for all work release
participants who have legal financial obligations owing in any Washington state
superior court.
(5)
Payments to creditors of the work release participant, which may be made at his
or her discretion and request, upon proper proof of personal
indebtedness.
(((5)))
(6) Payments to the work release participant himself or herself
upon parole or discharge, or for deposit in his or her personal account
if returned to a state correctional institution for confinement and treatment.
