CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6402

 

 

                   Chapter 126, Laws of 2002

 

 

                        57th Legislature

                      2002 Regular Session

 

 

INMATE WAGES--DEDUCTIONS

 

 

 

                    EFFECTIVE DATE:  6/13/02

 

Passed by the Senate February 13, 2002

  YEAS 47   NAYS 0

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 7, 2002

  YEAS 93   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 6402 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

 

 

 

Approved March 26, 2002 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

           March 26, 2002 - 9:01 a.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6402

          _______________________________________________

 

             Passed Legislature - 2002 Regular Session

 

State of Washington   57th Legislature        2002 Regular Session

 

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Costa, Long, Thibaudeau and Kline)

 

READ FIRST TIME 02/04/2002.

Providing for legal financial obligation deductions from inmate funds and wages.  


    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.


    Passed the Senate February 13, 2002.

    Passed the House March 7, 2002.

Approved by the Governor March 26, 2002.

    Filed in Office of Secretary of State March 26, 2002.