3026-S2.EAMSWMS5115.1E2SHB 3026S COMM AMDBy Committee on Way & Means Strike everything after the enacting clause and insert thefollowing:Sec. RCW 72.09.070 and 1994 sp.s. c 7 s 535 are each amendedto read as follows: (1) There is created a correctional industries board of directorswhich shall have the composition provided in RCW 72.09.080. (2) Consistent with general department of corrections policies andprocedures pertaining to the general administration of correctionalfacilities, the board shall establish and implement policy forcorrectional industries programs designed to: (a) Offer inmates meaningful employment, work experience, andtraining in vocations that are specifically designed to reducerecidivism and thereby enhance public safety by providing opportunitiesfor legitimate means of livelihood upon their release from custody; (b) Provide industries which will reduce the tax burden ofcorrections and save taxpayers money through production of goods andservices for sale and use; (c) Operate correctional work programs in an effective andefficient manner which are as similar as possible to those provided bythe private sector; (d) Encourage the development of and provide for selection of,contracting for, and supervision of work programs with participatingprivate enterprise firms; (e) Develop and ((design)) select correctional industries workprograms that do not unfairly compete with Washington businesses; (f) Invest available funds in correctional industries enterprisesand meaningful work programs that minimize the impact on instate jobsand businesses. (3) The board of directors shall at least annually review the workperformance of the director of correctional industries division withthe secretary. 1 (4) The director of correctional industries division shall reviewand evaluate the productivity, funding, and appropriateness of allcorrectional work programs and report on their effectiveness to theboard and to the secretary. (5) The board of directors shall have the authority to identify andestablish trade advisory or apprenticeship committees to advise them oncorrectional industries work programs. The secretary shall appoint themembers of the committees. Where a labor management trade advisory and apprenticeshipcommittee has already been established by the department pursuant toRCW 72.62.050 the existing committee shall also advise the board ofdirectors. (6) The board shall develop a strategic yearly marketing plan thatshall be consistent with and work towards achieving the goalsestablished in the sixyear phased expansion of class I and class IIcorrectional industries established in RCW 72.09.111. This marketingplan shall be presented to the appropriate committees of thelegislature by January 17 of each calendar year until the goals setforth in RCW 72.09.111 are achieved.Sec. RCW 72.09.100 and 2002 c 175 s 49 are each amended to readas follows: It is the intent of the legislature to vest in the department thepower to provide for a comprehensive inmate work program and to removestatutory and other restrictions which have limited work programs inthe past. It is also the intent of the legislature to ensure that thecorrectional industries board of directors, in developing and selectingcorrectional industries work programs, does not encourage thedevelopment of, or provide for selection of or contracting for, or thesignificant expansion of, any new or existing class I correctionalindustries work programs that unfairly compete with Washingtonbusinesses. The legislature intends that the requirements relating tofair competition in the correctional industries work programs beliberally construed by the correctional industries board of directorsto protect Washington businesses from unfair competition. For purposes of establishing such a comprehensive program, thelegislature recommends that the department consider adopting any orall, or any variation of, the following classes of work programs: (1) CLASS I: FREE VENTURE INDUSTRIES. 2 (a) The employer model industries in this class shall be operatedand managed in total or in part by any profit or nonprofit organizationpursuant to an agreement between the organization and the department.The organization shall produce goods or services for sale to both thepublic and private sector. (b) The customer model industries in this class shall be operatedand managed by the department to provide Washington state manufacturersor businesses with products or services currently produced or providedby outofstate or foreign suppliers. (c) The correctional industries board of directors shall reviewthese proposed industries, including any potential new class Iindustries work program or the significant expansion of an existingclass I industries work program, before the department contracts toprovide such products or services. The review shall include ((an)) theanalysis ((of the potential impact of the proposed products andservices on the Washington state business community and labor market))required under section 4 of this act to determine if the proposedcorrectional industries work program will compete with any Washingtonbusiness. An agreement for a new class I correctional industries workprogram, or an agreement for a significant expansion of an existingclass I correctional industries work program, that unfairly competeswith any Washington business is prohibited. (d) The department of corrections shall supply appropriate securityand custody services without charge to the participating firms. (e) Inmates who work in free venture industries shall do so attheir own choice. They shall be paid a wage comparable to the wagepaid for work of a similar nature in the locality in which the industryis located, as determined by the director of correctional industries.If the director cannot reasonably determine the comparable wage, thenthe pay shall not be less than the federal minimum wage. (f) An inmate who is employed in the class I program ofcorrectional industries shall not be eligible for unemploymentcompensation benefits pursuant to any of the provisions of Title 50 RCWuntil released on parole or discharged. (2) CLASS II: TAX REDUCTION INDUSTRIES. (a) Industries in this class shall be stateowned and operatedenterprises designed to reduce the costs for goods and services fortaxsupported agencies and for nonprofit organizations. 3 (b) The industries selected for development within this classshall, as much as possible, match the available pool of inmate workskills and aptitudes with the work opportunities in the free community.The industries shall be closely patterned after private sectorindustries but with the objective of reducing public support costsrather than making a profit. The products and services of thisindustry, including purchased products and services necessary for acomplete product line, may be sold to public agencies, to nonprofitorganizations, and to private contractors when the goods purchased willbe ultimately used by a public agency or a nonprofit organization.Clothing manufactured by an industry in this class may be donated tononprofit organizations that provide clothing free of charge to lowincome persons. (c)(i) Class II correctional industries products and services shallbe reviewed by the correctional industries board of directors beforeoffering such products and services for sale to private contractors. (ii) The board of directors shall conduct a yearly marketing reviewof the products and services offered under this subsection. Suchreview shall include an analysis of the potential impact of theproposed products and services on the Washington state businesscommunity. To avoid waste or spoilage and consequent loss to thestate((,)) when there is no public sector market for such goods,byproducts and surpluses of timber, agricultural, and animal husbandryenterprises may be sold to private persons, at private sale. Surplusbyproducts and surpluses of timber, agricultural and animal husbandryenterprises that cannot be sold to public agencies or to privatepersons may be donated to nonprofit organizations. All sales ofsurplus products shall be carried out in accordance with rulesprescribed by the secretary. (d) Security and custody services shall be provided without chargeby the department of corrections. (e) Inmates working in this class of industries shall do so attheir own choice and shall be paid for their work on a gratuity scalewhich shall not exceed the wage paid for work of a similar nature inthe locality in which the industry is located and which is approved bythe director of correctional industries. (f) Subject to approval of the correctional industries board,provisions of RCW 41.06.380 prohibiting contracting out work performed 4 by classified employees shall not apply to contracts with Washingtonstate businesses entered into by the department of corrections throughclass II industries. (3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. (a) Industries in this class shall be operated by the department ofcorrections. They shall be designed and managed to accomplish thefollowing objectives: (((a))) (i) Whenever possible, to provide basic work training andexperience so that the inmate will be able to qualify for better workboth within correctional industries and the free community. It is notintended that an inmate's work within this class of industries shouldbe his or her final and total work experience as an inmate. (((b))) (ii) Whenever possible, to provide forty hours of work orwork training per week. (((c))) (iii) Whenever possible, to offset tax and other publicsupport costs. (b) Class III correctional industries shall be reviewed by thecorrectional industries board of directors to set policy for workcrews. The department shall present to the board of directorsquarterly detail statements showing where work crews worked, whatcorrectional industry class, and the hours worked. The board ofdirectors may review any class III program at its discretion. (c) Supervising, management, and custody staff shall be employeesof the department. (d) All able and eligible inmates who are assigned work and who arenot working in other classes of industries shall work in this class. (e) Except for inmates who work in work training programs, inmatesin this class shall be paid for their work in accordance with an inmategratuity scale. The scale shall be adopted by the secretary ofcorrections. (4) CLASS IV: COMMUNITY WORK INDUSTRIES. (a) Industries in this class shall be operated by the department ofcorrections. They shall be designed and managed to provide services inthe inmate's resident community at a reduced cost. The services shallbe provided to public agencies, to persons who are poor or infirm, orto nonprofit organizations. (b) Class IV correctional industries shall be reviewed by thecorrectional industries board of directors to set policy for workcrews. The department shall present to the board of directors 5 quarterly detail statements showing where work crews worked, whatcorrectional industry class, and the hours worked. The board ofdirectors may review any class IV program at its discretion. Class IVcorrectional industries operated in work camps established pursuant toRCW 72.64.050 are exempt from the requirements of this subsection(4)(b). (c) Inmates in this program shall reside in facilities owned by,contracted for, or licensed by the department of corrections. A unitof local government shall provide work supervision services withoutcharge to the state and shall pay the inmate's wage. (d) The department of corrections shall reimburse participatingunits of local government for liability and workers compensationinsurance costs. (e) Inmates who work in this class of industries shall do so attheir own choice and shall receive a gratuity which shall not exceedthe wage paid for work of a similar nature in the locality in which theindustry is located. (5) CLASS V: COMMUNITY RESTITUTION PROGRAMS. (a) Programs in this class shall be subject to supervision by thedepartment of corrections. The purpose of this class of industries isto enable an inmate, placed on community supervision, to work off allor part of a community restitution order as ordered by the sentencingcourt. (b) Employment shall be in a community restitution program operatedby the state, local units of government, or a nonprofit agency. (c) To the extent that funds are specifically made available forsuch purposes, the department of corrections shall reimburse nonprofitagencies for workers compensation insurance costs.Sec. RCW 72.09.100 and 2002 c 354 s 238 and 2002 c 175 s 49 areeach reenacted and amended to read as follows: It is the intent of the legislature to vest in the department thepower to provide for a comprehensive inmate work program and to removestatutory and other restrictions which have limited work programs inthe past. It is also the intent of the legislature to ensure that thecorrectional industries board of directors, in developing and selectingcorrectional industries work programs, does not encourage thedevelopment of, or provide for selection of or contracting for, or thesignificant expansion of, any new or existing class I correctional 6 industries work programs that unfairly compete with Washingtonbusinesses. The legislature intends that the requirements relating tofair competition in the correctional industries work programs beliberally construed by the correctional industries board of directorsto protect Washington businesses from unfair competition. For purposesof establishing such a comprehensive program, the legislaturerecommends that the department consider adopting any or all, or anyvariation of, the following classes of work programs: (1) CLASS I: FREE VENTURE INDUSTRIES. (a) The employer model industries in this class shall be operatedand managed in total or in part by any profit or nonprofit organizationpursuant to an agreement between the organization and the department.The organization shall produce goods or services for sale to both thepublic and private sector. (b) The customer model industries in this class shall be operatedand managed by the department to provide Washington state manufacturersor businesses with products or services currently produced or providedby outofstate or foreign suppliers. (c) The correctional industries board of directors shall reviewthese proposed industries, including any potential new class Iindustries work program or the significant expansion of an existingclass I industries work program, before the department contracts toprovide such products or services. The review shall include ((an)) theanalysis ((of the potential impact of the proposed products andservices on the Washington state business community and labor market))required under section 4 of this act to determine if the proposedcorrectional industries work program will compete with any Washingtonbusiness. An agreement for a new class I correctional industries workprogram, or an agreement for a significant expansion of an existingclass I correctional industries work program, that unfairly competeswith any Washington business is prohibited. (d) The department of corrections shall supply appropriate securityand custody services without charge to the participating firms. (e) Inmates who work in free venture industries shall do so attheir own choice. They shall be paid a wage comparable to the wagepaid for work of a similar nature in the locality in which the industryis located, as determined by the director of correctional industries.If the director cannot reasonably determine the comparable wage, thenthe pay shall not be less than the federal minimum wage. 7 (f) An inmate who is employed in the class I program ofcorrectional industries shall not be eligible for unemploymentcompensation benefits pursuant to any of the provisions of Title 50 RCWuntil released on parole or discharged. (2) CLASS II: TAX REDUCTION INDUSTRIES. (a) Industries in this class shall be stateowned and operatedenterprises designed to reduce the costs for goods and services fortaxsupported agencies and for nonprofit organizations. (b) The industries selected for development within this classshall, as much as possible, match the available pool of inmate workskills and aptitudes with the work opportunities in the free community.The industries shall be closely patterned after private sectorindustries but with the objective of reducing public support costsrather than making a profit. The products and services of thisindustry, including purchased products and services necessary for acomplete product line, may be sold to public agencies, to nonprofitorganizations, and to private contractors when the goods purchased willbe ultimately used by a public agency or a nonprofit organization.Clothing manufactured by an industry in this class may be donated tononprofit organizations that provide clothing free of charge to lowincome persons. (c)(i) Class II correctional industries products and services shallbe reviewed by the correctional industries board of directors beforeoffering such products and services for sale to private contractors. (ii) The board of directors shall conduct a yearly marketing reviewof the products and services offered under this subsection. Suchreview shall include an analysis of the potential impact of theproposed products and services on the Washington state businesscommunity. To avoid waste or spoilage and consequent loss to thestate, when there is no public sector market for such goods, byproductsand surpluses of timber, agricultural, and animal husbandry enterprisesmay be sold to private persons, at private sale. Surplus byproductsand surpluses of timber, agricultural and animal husbandry enterprisesthat cannot be sold to public agencies or to private persons may bedonated to nonprofit organizations. All sales of surplus productsshall be carried out in accordance with rules prescribed by thesecretary. (d) Security and custody services shall be provided without chargeby the department of corrections. 8 (e) Inmates working in this class of industries shall do so attheir own choice and shall be paid for their work on a gratuity scalewhich shall not exceed the wage paid for work of a similar nature inthe locality in which the industry is located and which is approved bythe director of correctional industries. (f) Subject to approval of the correctional industries board,provisions of RCW 41.06.142 shall not apply to contracts withWashington state businesses entered into by the department ofcorrections through class II industries. (3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. (a) Industries in this class shall be operated by the department ofcorrections. They shall be designed and managed to accomplish thefollowing objectives: (((a))) (i) Whenever possible, to provide basic work training andexperience so that the inmate will be able to qualify for better workboth within correctional industries and the free community. It is notintended that an inmate's work within this class of industries shouldbe his or her final and total work experience as an inmate. (((b))) (ii) Whenever possible, to provide forty hours of work orwork training per week. (((c))) (iii) Whenever possible, to offset tax and other publicsupport costs. (b) Class III correctional industries shall be reviewed by thecorrectional industries board of directors to set policy for workcrews. The department shall present to the board of directorsquarterly detail statements showing where work crews worked, whatcorrectional industry class, and the hours worked. The board ofdirectors may review any class III program at its discretion. (c) Supervising, management, and custody staff shall be employeesof the department. (d) All able and eligible inmates who are assigned work and who arenot working in other classes of industries shall work in this class. (e) Except for inmates who work in work training programs, inmatesin this class shall be paid for their work in accordance with an inmategratuity scale. The scale shall be adopted by the secretary ofcorrections. (4) CLASS IV: COMMUNITY WORK INDUSTRIES. (a) Industries in this class shall be operated by the department ofcorrections. They shall be designed and managed to provide services in 9 the inmate's resident community at a reduced cost. The services shallbe provided to public agencies, to persons who are poor or infirm, orto nonprofit organizations. (b) Class IV correctional industries shall be reviewed by thecorrectional industries board of directors to set policy for workcrews. The department shall present to the board of directorsquarterly detail statements showing where work crews worked, whatcorrectional industry class, and the hours worked. The board ofdirectors may review any class IV program at its discretion. Class IVcorrectional industries operated in work camps established pursuant toRCW 72.64.050 are exempt from the requirements of this subsection(4)(b). (c) Inmates in this program shall reside in facilities owned by,contracted for, or licensed by the department of corrections. A unitof local government shall provide work supervision services withoutcharge to the state and shall pay the inmate's wage. (d) The department of corrections shall reimburse participatingunits of local government for liability and workers compensationinsurance costs. (e) Inmates who work in this class of industries shall do so attheir own choice and shall receive a gratuity which shall not exceedthe wage paid for work of a similar nature in the locality in which theindustry is located. (5) CLASS V: COMMUNITY RESTITUTION PROGRAMS. (a) Programs in this class shall be subject to supervision by thedepartment of corrections. The purpose of this class of industries isto enable an inmate, placed on community supervision, to work off allor part of a community restitution order as ordered by the sentencingcourt. (b) Employment shall be in a community restitution program operatedby the state, local units of government, or a nonprofit agency. (c) To the extent that funds are specifically made available forsuch purposes, the department of corrections shall reimburse nonprofitagencies for workers compensation insurance costs.NEW SECTION.Sec. A new section is added to chapter 72.09 RCWto read as follows: (1) The department must prepare a threshold analysis for anyproposed new class I correctional industries work program or the 10 significant expansion of an existing class I correctional industrieswork program before the department enters into an agreement to providesuch products or services. The analysis must state whether theproposed new or expanded program will impact any Washington businessand must be based on information sufficient to evaluate the impact onWashington business. (2) If the threshold analysis determines that a proposed new orexpanded class I correctional industries work program will impact aWashington business, the department must complete a business impactanalysis before the department enters into an agreement to provide suchproducts or services. The business impact analysis must include: (a) A detailed statement identifying the scope and types of impactscaused by the proposed new or expanded correctional industries workprogram on Washington businesses; and (b) A detailed statement of the business costs of the proposedcorrectional industries work program compared to the business costs ofthe Washington businesses that may be impacted by the proposed class Icorrectional industries work program. Business costs of the proposedcorrectional industries work program include rent, water, sewer,electricity, disposal, labor costs, and any other quantifiable expenseunique to operating in a prison. Business costs of the impactedWashington business include rent, water, sewer, electricity, disposal,property taxes, and labor costs including employee taxes, unemploymentinsurance, and workers' compensation. (3) The completed threshold analysis and any completed businessimpact analysis with all supporting documents must be shared in ameaningful and timely manner with local chambers of commerce, trade orbusiness associations, local and state labor union organizations, andgovernment entities before a finding required under subsection (4) ofthis section is made on the proposed new or expanded class Icorrectional industries work program. (4) If a business impact analysis is completed, the department mustconduct a public hearing to take public testimony on the businessimpact analysis. The department must, at a minimum, establish apublicly accessible web site containing information reasonablycalculated to provide notice to each Washington business assigned thesame threedigit standard industrial classification code, or thecorresponding North American industry classification system code, asthe organization seeking the class I correctional industries work 11 program agreement of the date, time, and place of the hearing. Noticeof the hearing shall be posted at least thirty days prior to thehearing. (5) Following the public hearing, the department shall adopt afinding that the proposed new or expanded class I correctionalindustries work program: (a) Will not compete with any Washingtonbusiness; (b) will not compete unfairly with any Washington business;or (c) will compete unfairly with any Washington business and istherefore prohibited under this act.Sec. RCW 72.09.460 and 1998 c 244 s 10 are each amended to readas follows: (1) The legislature intends that all inmates be required toparticipate in departmentapproved education programs, work programs,or both, unless exempted under subsection (4) of this section.Eligible inmates who refuse to participate in available education orwork programs available at no charge to the inmates shall loseprivileges according to the system established under RCW 72.09.130.Eligible inmates who are required to contribute financially to aneducation or work program and refuse to contribute shall be placed inanother work program. Refusal to contribute shall not result in a lossof privileges. The legislature recognizes more inmates may agree toparticipate in education and work programs than are available. Thedepartment must make every effort to achieve maximum public benefit byplacing inmates in available and appropriate education and workprograms. (2) The department shall provide access to a program of educationto all offenders who are under the age of eighteen and who have not methigh school graduation or general equivalency diploma requirements inaccordance with chapter 28A.193 RCW. The program of educationestablished by the department and education provider under RCW28A.193.020 for offenders under the age of eighteen must provide eachoffender a choice of curriculum that will assist the inmate inachieving a high school diploma or general equivalency diploma. Theprogram of education may include but not be limited to basic education,prevocational training, work ethic skills, conflict resolutioncounseling, substance abuse intervention, and anger managementcounseling. The curriculum may balance these and other rehabilitation,work, and training components. 12 (3) The department shall, to the extent possible and consideringall available funds, prioritize its resources to meet the followinggoals for inmates in the order listed: (a) Achievement of basic academic skills through obtaining a highschool diploma or its equivalent and achievement of vocational skillsnecessary for purposes of work programs and for an inmate to qualifyfor work upon release; (b) Additional work and education programs based on assessments andplacements under subsection (5) of this section; and (c) Other work and education programs as appropriate. (4) The department shall establish, by rule, objective medicalstandards to determine when an inmate is physically or mentally unableto participate in available education or work programs. When thedepartment determines an inmate is permanently unable to participate inany available education or work program due to a medical condition, theinmate is exempt from the requirement under subsection (1) of thissection. When the department determines an inmate is temporarilyunable to participate in an education or work program due to a medicalcondition, the inmate is exempt from the requirement of subsection (1)of this section for the period of time he or she is temporarilydisabled. The department shall periodically review the medicalcondition of all temporarily disabled inmates to ensure the earliestpossible entry or reentry by inmates into available programming. (5) The department shall establish, by rule, standards forparticipation in departmentapproved education and work programs. Thestandards shall address the following areas: (a) Assessment. The department shall assess all inmates for theirbasic academic skill levels using a professionally accepted method ofscoring reading, math, and language skills as grade level equivalents.The department shall determine an inmate's education history, workhistory, and vocational or work skills. The initial assessment shallbe conducted, whenever possible, within the first thirty days of aninmate's entry into the correctional system, except that initialassessments are not required for inmates who are sentenced to lifewithout the possibility of release, assigned to an intensive managementunit within the first thirty days after entry into the correctionalsystem, are returning to the correctional system within one year of aprior release, or whose physical or mental condition renders themunable to complete the assessment process. The department shall track 13 and record changes in the basic academic skill levels of all inmatesreflected in any testing or assessment performed as part of theireducation programming; (b) Placement. The department shall follow the policies set forthin subsection (1) of this section in establishing criteria for placinginmates in education and work programs. The department shall, to theextent possible, place all inmates whose composite grade level scorefor basic academic skills is below the eighth grade level in a combinededucation and work program. The placement criteria shall include atleast the following factors: (i) An inmate's release date and custody level((, except)). Aninmate shall not be precluded from participating in an education orwork program solely on the basis of his or her release date, exceptthat inmates with a release date of more than one hundred twenty monthsin the future shall not comprise more than ten percent of inmatesparticipating in a new class I correctional industry not in existenceon the effective date of this section; (ii) An inmate's education history and basic academic skills; (iii) An inmate's work history and vocational or work skills; (iv) An inmate's economic circumstances, including but not limitedto an inmate's family support obligations; and (v) Where applicable, an inmate's prior performance in departmentapproved education or work programs; (c) Performance and goals. The department shall establish, andperiodically review, inmate behavior standards and program goals forall education and work programs. Inmates shall be notified ofapplicable behavior standards and program goals prior to placement inan education or work program and shall be removed from the education orwork program if they consistently fail to meet the standards or goals; (d) Financial responsibility. (i) The department shall establisha formula by which inmates, based on their ability to pay, shall payall or a portion of the costs or tuition of certain programs. Inmatesshall, based on the formula, pay a portion of the costs or tuition ofparticipation in: (A) Second and subsequent vocational programs associated with aninmate's work programs; and (B) An associate of arts or baccalaureate degree program whenplacement in a degree program is the result of a placement made underthis subsection; 14 (ii) Inmates shall pay all costs and tuition for participation in: (A) Any postsecondary academic degree program which is enteredindependently of a placement decision made under this subsection; and (B) Second and subsequent vocational programs not associated withan inmate's work program. Enrollment in any program specified in (d)(ii) of this subsectionshall only be allowed by correspondence or if there is an opening in aneducation or work program at the institution where an inmate isincarcerated and no other inmate who is placed in a program under thissubsection will be displaced; and (e) Notwithstanding any other provision in this section, an inmatesentenced to life without the possibility of release: (i) Shall not be required to participate in education programming;and (ii) May receive not more than one postsecondary academic degree ina program offered by the department or its contracted providers. If an inmate sentenced to life without the possibility of releaserequires prevocational or vocational training for a work program, he orshe may participate in the training subject to this section. (6) The department shall coordinate education and work programsamong its institutions, to the greatest extent possible, to facilitatecontinuity of programming among inmates transferred betweeninstitutions. Before transferring an inmate enrolled in a program, thedepartment shall consider the effect the transfer will have on theinmate's ability to continue or complete a program. This subsectionshall not be used to delay or prohibit a transfer necessary forlegitimate safety or security concerns. (7) Before construction of a new correctional institution orexpansion of an existing correctional institution, the department shalladopt a plan demonstrating how cable, closedcircuit, and satellitetelevision will be used for education and training purposes in theinstitution. The plan shall specify how the use of television in theeducation and training programs will improve inmates' preparedness foravailable work programs and job opportunities for which inmates mayqualify upon release. (8) The department shall adopt a plan to reduce the perpupil costof instruction by, among other methods, increasing the use of volunteerinstructors and implementing technological efficiencies. The planshall be adopted by December 1996 and shall be transmitted to the 15 legislature upon adoption. The department shall, in adoption of theplan, consider distance learning, satellite instruction, video tapeusage, computeraided instruction, and flexible scheduling of offenderinstruction. (9) Following completion of the review required by section 27(3),chapter 19, Laws of 1995 1st sp. sess. the department shall take allnecessary steps to assure the vocation and education programs arerelevant to work programs and skills necessary to enhance theemployability of inmates upon release.Sec. RCW 72.09.015 and 1995 1st sp.s. c 19 s 3 are each amendedto read as follows: The definitions in this section apply throughout this chapter. (1) "Base level of correctional services" means the minimum levelof field services the department of corrections is required by statuteto provide for the supervision and monitoring of offenders. (2) "Contraband" means any object or communication the secretarydetermines shall not be allowed to be: (a) Brought into; (b) possessedwhile on the grounds of; or (c) sent from any institution under thecontrol 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 asauthorized by RCW 9.94A.728. (6) "Extended family visit" means an authorized visit between aninmate and a member of his or her immediate family that occurs in aprivate visiting unit located at the correctional facility where theinmate is confined. (7) "Good conduct" means compliance with department rules andpolicies. (8) "Good performance" means successful completion of a programrequired by the department, including an education, work, or otherprogram. (9) "Immediate family" means the inmate's children, stepchildren,grandchildren, great grandchildren, parents, stepparents, grandparents,great grandparents, siblings, and a person legally married to aninmate. "Immediate family" does not include an inmate adopted byanother inmate or the immediate family of the adopted or adoptinginmate. 16 (10) "Indigent inmate," "indigent," and "indigency" mean an inmatewho has less than a tendollar balance of disposable income in his orher institutional account on the day a request is made to utilize fundsand during the thirty days previous to the request. (11) "Inmate" means a person committed to the custody of thedepartment, including but not limited to persons residing in acorrectional institution or facility and persons released on furlough,work release, or community custody, and persons received from anotherstate, state agency, county, or federal jurisdiction. (12) "Privilege" means any goods or services, education or workprograms, or earned early release days, the receipt of which aredirectly linked to an inmate's (a) good conduct; and (b) goodperformance. Privileges do not include any goods or services thedepartment is required to provide under the state or federalConstitution or under state or federal law. (13) "Secretary" means the secretary of corrections or his or herdesignee. (14) "Significant expansion" includes any expansion into a newproduct line or service to the class I business that results from anincrease in benefits provided by the department, including a decreasein labor costs, rent, or utility rates (for water, sewer, electricity,and disposal), an increase in work program space, tax advantages, orother overhead costs. (15) "Superintendent" means the superintendent of a correctionalfacility under the jurisdiction of the Washington state department ofcorrections, or his or her designee. (((15))) (16) "Unfair competition" means any net competitiveadvantage that a business may acquire as a result of a correctionalindustries contract, including labor costs, rent, tax advantages,utility rates (water, sewer, electricity, and disposal), and otheroverhead costs. To determine net competitive advantage, thecorrectional industries board shall review and quantify any expensesunique to operating a forprofit business inside a prison. (17) "Washington business" means an instate manufacturer orservice provider subject to chapter 82.04 RCW existing on the effectivedate of this section. (18) "Work programs" means all classes of correctional industriesjobs authorized under RCW 72.09.100. 17 Sec. RCW 72.09.111 and 2003 c 379 s 25 and 2003 c 271 s 2 areeach reenacted and amended to read as follows: (1) The secretary shall deduct taxes and legal financialobligations from the gross wages, gratuities, or workers' compensationbenefits payable directly to the inmate under chapter 51.32 RCW, ofeach inmate working in correctional industries work programs, orotherwise receiving such wages, gratuities, or benefits. The secretaryshall also deduct child support payments from the gratuities of eachinmate working in class II through class IV correctional industrieswork programs. The secretary shall develop a formula for thedistribution of offender wages, gratuities, and benefits. The formulashall not reduce the inmate account below the indigency level, asdefined in RCW 72.09.015. (a) The formula shall include the following minimum deductions fromclass I gross wages and from all others earning at least minimum wage: (i) Five percent to the public safety and education account for thepurpose of crime victims' compensation; (ii) Ten percent to a department personal inmate savings account; (iii) Twenty percent to the department to contribute to the cost ofincarceration; and (iv) Twenty percent for payment of legal financial obligations forall inmates who have legal financial obligations owing in anyWashington state superior court. (b) The formula shall include the following minimum deductions fromclass II gross gratuities: (i) Five percent to the public safety and education account for thepurpose of crime victims' compensation; (ii) Ten percent to a department personal inmate savings account; (iii) Fifteen percent to the department to contribute to the costof incarceration; (iv) Twenty percent for payment of legal financial obligations forall inmates who have legal financial obligations owing in anyWashington state superior court; and (v) Fifteen percent for any child support owed under a supportorder. (c) The formula shall include the following minimum deductions fromany workers' compensation benefits paid pursuant to RCW 51.32.080: (i) Five percent to the public safety and education account for thepurpose of crime victims' compensation; 18 (ii) Ten percent to a department personal inmate savings account; (iii) Twenty percent to the department to contribute to the cost ofincarceration; and (iv) An amount equal to any legal financial obligations owed by theinmate established by an order of any Washington state superior courtup to the total amount of the award. (d) The formula shall include the following minimum deductions fromclass III gratuities: (i) Five percent for the purpose of crime victims' compensation;and (ii) Fifteen percent for any child support owed under a supportorder. (e) The formula shall include the following minimum deduction fromclass IV gross gratuities: (i) Five percent to the department to contribute to the cost ofincarceration; and (ii) Fifteen percent for any child support owed under a supportorder. (2) Any person sentenced to life imprisonment without possibilityof release or parole under chapter 10.95 RCW or sentenced to deathshall be exempt from the requirement under subsection (1)(a)(ii),(b)(ii), or (c)(ii). (3) The department personal inmate savings account, together withany accrued interest, shall only be available to an inmate at the timeof his or her release from confinement, unless the secretary determinesthat an emergency exists for the inmate, at which time the funds can bemade available to the inmate in an amount determined by the secretary.The management of classes I, II, and IV correctional industries mayestablish an incentive payment for offender workers based onproductivity criteria. This incentive shall be paid separately fromthe hourly wage/gratuity rate and shall not be subject to the specifieddeduction for cost of incarceration. (4)(a) Subject to the availability of funds for the correctionalindustries program, the expansion of inmate employment in class I andclass II correctional industries shall be implemented according to thefollowing schedule: (i) Not later than June 30, 2005, the secretary shall achieve a netincrease of at least two hundred in the number of inmates employed in 19 class I or class II correctional industries work programs above thenumber so employed on June 30, 2003; (ii) Not later than June 30, 2006, the secretary shall achieve anet increase of at least four hundred in the number of inmates employedin class I or class II correctional industries work programs above thenumber so employed on June 30, 2003; (iii) Not later than June 30, 2007, the secretary shall achieve anet increase of at least six hundred in the number of inmates employedin class I or class II correctional industries work programs above thenumber so employed on June 30, 2003; (iv) Not later than June 30, 2008, the secretary shall achieve anet increase of at least nine hundred in the number of inmates employedin class I or class II correctional industries work programs above thenumber so employed on June 30, 2003; (v) Not later than June 30, 2009, the secretary shall achieve a netincrease of at least one thousand two hundred in the number of inmatesemployed in class I or class II correctional industries work programsabove the number so employed on June 30, 2003; (vi) Not later than June 30, 2010, the secretary shall achieve anet increase of at least one thousand five hundred in the number ofinmates employed in class I or class II correctional industries workprograms above the number so employed on June 30, 2003. (b) Failure to comply with the schedule in this subsection does notcreate a private right of action. (5) In the event that the offender worker's wages, gratuity, orworkers' compensation benefit is subject to garnishment for supportenforcement, the crime victims' compensation, savings, and cost ofincarceration deductions shall be calculated on the net wages aftertaxes, legal financial obligations, and garnishment. (((5))) (6) The department shall explore other methods ofrecovering a portion of the cost of the inmate's incarceration and forencouraging participation in work programs, including development ofincentive programs that offer inmates benefits and amenities paid foronly from wages earned while working in a correctional industries workprogram. (((6))) (7) The department shall develop the necessaryadministrative structure to recover inmates' wages and keep records ofthe amount inmates pay for the costs of incarceration and amenities.All funds deducted from inmate wages under subsection (1) of this 20 section for the purpose of contributions to the cost of incarcerationshall be deposited in a dedicated fund with the department and shall beused only for the purpose of enhancing and maintaining correctionalindustries work programs. (((7) The expansion of inmate employment in class I and class IIcorrectional industries shall be implemented according to the followingschedule: (a) Not later than June 30, 1995, the secretary shall achieve a netincrease of at least two hundred in the number of inmates employed inclass I or class II correctional industries work programs above thenumber so employed on June 30, 1994; (b) Not later than June 30, 1996, the secretary shall achieve a netincrease of at least four hundred in the number of inmates employed inclass I or class II correctional industries work programs above thenumber so employed on June 30, 1994; (c) Not later than June 30, 1997, the secretary shall achieve a netincrease of at least six hundred in the number of inmates employed inclass I or class II correctional industries work programs above thenumber so employed on June 30, 1994; (d) Not later than June 30, 1998, the secretary shall achieve a netincrease of at least nine hundred in the number of inmates employed inclass I or class II correctional industries work programs above thenumber so employed on June 30, 1994; (e) Not later than June 30, 1999, the secretary shall achieve a netincrease of at least one thousand two hundred in the number of inmatesemployed in class I or class II correctional industries work programsabove the number so employed on June 30, 1994; (f) Not later than June 30, 2000, the secretary shall achieve a netincrease of at least one thousand five hundred in the number of inmatesemployed in class I or class II correctional industries work programsabove the number so employed on June 30, 1994.)) (8) It shall be in the discretion of the secretary to apportion theinmates between class I and class II depending on available contractsand resources. (9) Nothing in this section shall limit the authority of thedepartment of social and health services division of child support fromtaking collection action against an inmate's moneys, assets, orproperty pursuant to chapter 26.23, 74.20, or 74.20A RCW. 21 NEW SECTION.Sec. A new section is added to chapter 72.09 RCWto read as follows: All records, documents, data, and other materials obtained underthe requirements of section 4 of this act from an existing correctionalindustries class I work program participant or an applicant for aproposed new or expanded class I correctional industries work programare exempt from public disclosure under chapter 42.17 RCW.NEW SECTION.Sec. A new section is added to chapter 42.17 RCWto read as follows: All records, documents, data, and other materials obtained underthe requirements of section 4 of this act from an existing correctionalindustries class I work program participant or an applicant for aproposed new or expanded class I correctional industries work programare exempt from public disclosure under this chapter.Sec. RCW 28B.10.029 and 1998 c 344 s 5 and 1998 c 111 s 2 areeach reenacted and amended to read as follows: (1) An institution of higher education may exercise independentlythose powers otherwise granted to the director of generaladministration in chapter 43.19 RCW in connection with the purchase anddisposition of all material, supplies, services, and equipment neededfor the support, maintenance, and use of the respective institution ofhigher education. Property disposition policies followed byinstitutions of higher education shall be consistent with policiesfollowed by the department of general administration. Purchasingpolicies and procedures followed by institutions of higher educationshall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, andRCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937,43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.560through 43.19.637. The community and technical colleges shall complywith RCW 43.19.450. Except for the University of Washington,institutions of higher education shall comply with RCW ((43.19.1935,43.19.19363, and 43.19.19368)) 43.41.310, 43.41.290, and 43.41.350. Ifan institution of higher education can satisfactorily demonstrate tothe director of the office of financial management that the cost ofcompliance is greater than the value of benefits from any of thefollowing statutes, then it shall be exempt from them: RCW 43.19.685;43.19.534; and 43.19.637. Any institution of higher education that 22 chooses to exercise independent purchasing authority for a commodity orgroup of commodities shall notify the director of generaladministration. Thereafter the director of general administrationshall not be required to provide those services for that institutionfor the duration of the general administration contract term for thatcommodity or group of commodities. (2) The council of presidents and the state board for community andtechnical colleges shall convene its correctional industries businessdevelopment advisory committee, and work collaboratively withcorrectional industries, to: (a) Reaffirm purchasing criteria and ensure that quality, service,and timely delivery result in the best value for expenditure of statedollars; (b) Update the approved list of correctional industries productsfrom which higher education shall purchase; and (c) Develop recommendations on ways to continue to buildcorrectional industries' business with institutions of highereducation. (3) Higher education and correctional industries shall develop aplan to build higher education business with correctional industries toincrease higher education purchases of correctional industriesproducts, based upon the criteria established in subsection (2) of thissection. The plan shall include the correctional industries'production and sales goals for higher education and an approved list ofproducts from which higher education institutions shall purchase, basedon the criteria established in subsection (2) of this section. Highereducation and correctional industries shall report to the legislatureregarding the plan and its implementation no later than January 30,2005. (4) Institutions of higher education shall set as a target tocontract, beginning not later than June 30, 2006, to purchase onepercent of the total goods and services required by the institutionseach year produced or provided in whole or in part from class II inmatework programs operated by the department of corrections. Institutionsof higher education shall set as a target to contract, beginning notlater than June 30, 2008, to purchase two percent of the total goodsand services required by the institutions each year produced orprovided in whole or in part from class II inmate work programsoperated by the department of corrections. 23 (5) An institution of higher education may exercise independentlythose powers otherwise granted to the public printer in chapter 43.78RCW in connection with the production or purchase of any printing andbinding needed by the respective institution of higher education.Purchasing policies and procedures followed by institutions of highereducation shall be in compliance with chapter 39.19 RCW. Anyinstitution of higher education that chooses to exercise independentprinting production or purchasing authority shall notify the publicprinter. Thereafter the public printer shall not be required toprovide those services for that institution.NEW SECTION.Sec. Section 3 of this act takes effect July 1,2005.NEW SECTION.Sec. Section 2 of this act expires July 1,2005.E2SHB 3026S COMM AMDBy Committee on Ways & Means On page 1, line 1 of the title, after industries; strike theremainder of the title and insert amending RCW 72.09.070, 72.09.100,72.09.460, and 72.09.015; reenacting and amending RCW 72.09.100,72.09.111, and 28B.10.029; adding new sections to chapter 72.09 RCW;adding a new section to chapter 42.17 RCW; providing an effective date;and providing an expiration date.--- END --- 24