BILL REQ. #: S-4492.1
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/04/10.
AN ACT Relating to inmate savings accounts; amending RCW 72.09.111; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 72.09.111 and 2009 c 479 s 60 are each amended to read
as follows:
(1) The secretary shall deduct taxes and legal financial
obligations from the gross wages, gratuities, or workers' compensation
benefits payable directly to the inmate under chapter 51.32 RCW, of
each inmate working in correctional industries work programs, or
otherwise receiving such wages, gratuities, or benefits. The secretary
shall also deduct child support payments from the gratuities of each
inmate working in class II through class IV correctional industries
work programs. The secretary shall develop a formula for the
distribution of offender wages, gratuities, and benefits. The formula
shall not reduce the inmate account below the indigency level, as
defined in RCW 72.09.015.
(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 state general fund;
(ii) Ten percent to a department personal inmate savings account;
(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 state general fund;
(ii) Ten percent to a department personal inmate savings account;
(iii) Fifteen percent to the department to contribute to the cost
of incarceration;
(iv) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court; and
(v) Fifteen percent for any child support owed under a support
order.
(c) The formula shall include the following minimum deductions from
any workers' compensation benefits paid pursuant to RCW 51.32.080:
(i) Five percent to the state general fund;
(ii) Ten percent to a department personal inmate savings account;
(iii) Twenty percent to the department to contribute to the cost of
incarceration; and
(iv) An amount equal to any legal financial obligations owed by the
inmate established by an order of any Washington state superior court
up to the total amount of the award.
(d) The formula shall include the following minimum deductions from
class III gratuities:
(i) Five percent for the state general fund; and
(ii) Fifteen percent for any child support owed under a support
order.
(e) The formula shall include the following minimum deduction from
class IV gross gratuities:
(i) Five percent to the department to contribute to the cost of
incarceration; and
(ii) Fifteen percent for any child support owed under a support
order.
(2) 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 subsection (1)(a)(ii),
(b)(ii), or (c)(ii).
(3)(a) The department personal inmate savings account, together
with any accrued interest, ((shall only)) may be made available to an
inmate at the following times:
(i) ((The time of his or her release from confinement)) During
confinement to pay for accredited postsecondary educational expenses;
(ii) Prior to ((his or her)) the release from confinement ((in
order)) to ((secure approved housing)) pay for department-approved
reentry activities that promote successful community reintegration; or
(iii) When the secretary determines that an emergency exists for
the inmate.
(b) ((If funds are made available pursuant to (a)(ii) or (iii) of
this subsection, the funds shall be made available to the inmate in an
amount determined by the secretary.)) The secretary shall establish
guidelines for the release of funds pursuant to (a) of this subsection,
giving consideration to the inmate's need for resources at the time of
his or her release from confinement.
(c) Any funds remaining in an offender's personal inmate savings
account shall be made available to the offender at the time of his or
her release from confinement.
(4) 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.
(((4)(a) Subject to availability of funds for the correctional
industries program, the expansion of inmate employment in class I and
class II correctional industries shall be implemented according to the
following schedule:))
(i) Not later than June 30, 2005, 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, 2003;
(ii) Not later than June 30, 2006, 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, 2003;
(iii) Not later than June 30, 2007, 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, 2003;
(iv) Not later than June 30, 2008, 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, 2003;
(v) Not later than June 30, 2009, 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, 2003;
(vi) Not later than June 30, 2010, 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, 2003.
(b) Failure to comply with the schedule in this subsection does not
create a private right of action.
(5) In the event that the offender worker's wages, gratuity, or
workers' compensation benefit is subject to garnishment for support
enforcement, the state general fund, savings, and cost of incarceration
deductions shall be calculated on the net wages after taxes, legal
financial obligations, and garnishment.
(6) 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.
(7) 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.
(8) 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.
(9) Nothing in this section shall limit the authority of the
department of social and health services division of child support from
taking collection action against an inmate's moneys, assets, or
property pursuant to chapter 26.23, 74.20, or 74.20A RCW.
NEW SECTION. Sec. 2 This act takes effect July 1, 2010.