HB 1334 -
By Committee on Human Services & Corrections
ADOPTED 04/04/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 72.09.015 and 2010 c 181 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter.
(1) "Adult basic education" means education or instruction designed
to achieve general competence of skills in reading, writing, and oral
communication, including English as a second language and preparation
and testing services for obtaining a high school diploma or a general
equivalency diploma.
(2) "Base level of correctional services" means the minimum level
of field services the department of corrections is required by statute
to provide for the supervision and monitoring of offenders.
(3) "Civil judgment for assault" means a civil judgment for
monetary damages awarded to a correctional officer or department
employee entered by a court of competent jurisdiction against an inmate
that is based on, or arises from, injury to the correctional officer or
department employee caused by the inmate while the correctional officer
or department employee was acting in the course and scope of his or her
employment.
(4) "Community custody" has the same meaning as that provided in
RCW 9.94A.030 and also includes community placement and community
supervision as defined in RCW 9.94B.020.
(((4))) (5) "Contraband" means any object or communication the
secretary determines shall not be allowed to be: (a) Brought into; (b)
possessed while on the grounds of; or (c) sent from any institution
under the control of the secretary.
(((5))) (6) "Correctional facility" means a facility or institution
operated directly or by contract by the secretary for the purposes of
incarcerating adults in total or partial confinement, as defined in RCW
9.94A.030.
(((6))) (7) "County" means a county or combination of counties.
(((7))) (8) "Department" means the department of corrections.
(((8))) (9) "Earned early release" means earned release as
authorized by RCW ((9.94A.728)) 9.94A.729.
(((9))) (10) "Evidence-based" means a program or practice that has
had multiple-site random controlled trials across heterogeneous
populations demonstrating that the program or practice is effective in
reducing recidivism for the population.
(((10))) (11) "Extended family visit" means an authorized visit
between an inmate and a member of his or her immediate family that
occurs in a private visiting unit located at the correctional facility
where the inmate is confined.
(((11))) (12) "Good conduct" means compliance with department rules
and policies.
(((12))) (13) "Good performance" means successful completion of a
program required by the department, including an education, work, or
other program.
(((13))) (14) "Immediate family" means the inmate's children,
stepchildren, grandchildren, great grandchildren, parents, stepparents,
grandparents, great grandparents, siblings, and a person legally
married to or in a state registered domestic partnership with an
inmate. "Immediate family" does not include an inmate adopted by
another inmate or the immediate family of the adopted or adopting
inmate.
(((14))) (15) "Indigent inmate," "indigent," and "indigency" mean
an inmate who has less than a ten-dollar balance of disposable income
in his or her institutional account on the day a request is made to
utilize funds and during the thirty days previous to the request.
(((15))) (16) "Individual reentry plan" means the plan to prepare
an offender for release into the community. It should be developed
collaboratively between the department and the offender and based on an
assessment of the offender using a standardized and comprehensive tool
to identify the offender's risks and needs. The individual reentry
plan describes actions that should occur to prepare individual
offenders for release from prison or jail, specifies the supervision
and services they will experience in the community, and describes an
offender's eventual discharge to aftercare upon successful completion
of supervision. An individual reentry plan is updated throughout the
period of an offender's incarceration and supervision to be relevant to
the offender's current needs and risks.
(((16))) (17) "Inmate" means a person committed to the custody of
the department, including but not limited to persons residing in a
correctional institution or facility and persons released from such
facility on furlough, work release, or community custody, and persons
received from another state, state agency, county, or federal
jurisdiction.
(((17))) (18) "Labor" means the period of time before a birth
during which contractions are of sufficient frequency, intensity, and
duration to bring about effacement and progressive dilation of the
cervix.
(((18))) (19) "Physical restraint" means the use of any bodily
force or physical intervention to control an offender or limit an
offender's freedom of movement in a way that does not involve a
mechanical restraint. Physical restraint does not include momentary
periods of minimal physical restriction by direct person-to-person
contact, without the aid of mechanical restraint, accomplished with
limited force and designed to:
(a) Prevent an offender from completing an act that would result in
potential bodily harm to self or others or damage property;
(b) Remove a disruptive offender who is unwilling to leave the area
voluntarily; or
(c) Guide an offender from one location to another.
(((19))) (20) "Postpartum recovery" means (a) the entire period a
woman or youth is in the hospital, birthing center, or clinic after
giving birth and (b) an additional time period, if any, a treating
physician determines is necessary for healing after the woman or youth
leaves the hospital, birthing center, or clinic.
(((20))) (21) "Privilege" means any goods or services, education or
work programs, or earned early release days, the receipt of which are
directly linked to an inmate's (a) good conduct; and (b) good
performance. Privileges do not include any goods or services the
department is required to provide under the state or federal
Constitution or under state or federal law.
(((21))) (22) "Promising practice" means a practice that presents,
based on preliminary information, potential for becoming a
research-based or consensus-based practice.
(((22))) (23) "Research-based" means a program or practice that has
some research demonstrating effectiveness, but that does not yet meet
the standard of evidence-based practices.
(((23))) (24) "Restraints" means anything used to control the
movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal
handcuffs, plastic ties, ankle restraints, leather cuffs, other
hospital-type restraints, tasers, or batons.
(((24))) (25) "Secretary" means the secretary of corrections or his
or her designee.
(((25))) (26) "Significant expansion" includes any expansion into
a new product line or service to the class I business that results from
an increase in benefits provided by the department, including a
decrease in labor costs, rent, or utility rates (for water, sewer,
electricity, and disposal), an increase in work program space, tax
advantages, or other overhead costs.
(((26))) (27) "Superintendent" means the superintendent of a
correctional facility under the jurisdiction of the Washington state
department of corrections, or his or her designee.
(((27))) (28) "Transportation" means the conveying, by any means,
of an incarcerated pregnant woman or youth from the correctional
facility to another location from the moment she leaves the
correctional facility to the time of arrival at the other location, and
includes the escorting of the pregnant incarcerated woman or youth from
the correctional facility to a transport vehicle and from the vehicle
to the other location.
(((28))) (29) "Unfair competition" means any net competitive
advantage that a business may acquire as a result of a correctional
industries contract, including labor costs, rent, tax advantages,
utility rates (water, sewer, electricity, and disposal), and other
overhead costs. To determine net competitive advantage, the
correctional industries board shall review and quantify any expenses
unique to operating a for-profit business inside a prison.
(((29))) (30) "Vocational training" or "vocational education" means
"vocational education" as defined in RCW 72.62.020.
(((30))) (31) "Washington business" means an in-state manufacturer
or service provider subject to chapter 82.04 RCW existing on June 10,
2004.
(((31))) (32) "Work programs" means all classes of correctional
industries jobs authorized under RCW 72.09.100.
Sec. 2 RCW 72.09.111 and 2010 c 122 s 5 and 2010 c 116 s 1 are
each reenacted and 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 crime victims' compensation account
provided in RCW 7.68.045;
(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; and
(v) Twenty percent for payment of any civil judgment for assault
for inmates who are subject to a civil judgment for assault in any
Washington state court or federal court.
(b) The formula shall include the following minimum deductions from
class II gross gratuities:
(i) Five percent to the crime victims' compensation account
provided in RCW 7.68.045;
(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; and
(vi) Fifteen percent for payment of any civil judgment for assault
for inmates who are subject to a civil judgment for assault in any
Washington state court or federal court.
(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 crime victims' compensation account
provided in RCW 7.68.045;
(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 crime victims' compensation account
provided in RCW 7.68.045; ((and))
(ii) Fifteen percent for any child support owed under a support
order; and
(iii) Fifteen percent for payment of any civil judgment for assault
for inmates who are subject to a civil judgment for assault in any
Washington state court or federal court.
(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; and
(iii) Fifteen percent for payment of any civil judgment for assault
for inmates who are subject to a civil judgment for assault in any
Washington state court or federal court.
(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, may be made available to an inmate at the
following times:
(i) During confinement to pay for accredited postsecondary
educational expenses;
(ii) Prior to the release from confinement to 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) 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.
(5) In the event that the offender worker's wages, gratuity, or
workers' compensation benefit is subject to garnishment for support
enforcement, the crime victims' compensation account, 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.
Sec. 3 RCW 72.09.480 and 2010 c 122 s 6 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 subsections (4) and (8)
of this section, receives any funds in addition to his or her wages or
gratuities, except settlements or awards resulting from legal action,
the additional funds shall be subject to the following deductions and
the priorities established in chapter 72.11 RCW:
(a) Five percent to the crime victims' compensation account
provided in RCW 7.68.045;
(b) Ten percent to a department personal inmate savings account;
(c) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court;
(d) Twenty percent for any child support owed under a support
order; ((and))
(e) Twenty percent to the department to contribute to the cost of
incarceration; and
(f) Twenty percent for payment of any civil judgment for assault
for all inmates who are subject to a civil judgment for assault in any
Washington state court or federal court.
(3) When an inmate, except as provided in subsection (8) of this
section, receives any funds from a settlement or award resulting from
a legal action, 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.
(4) When an inmate who is subject to a child support order receives
funds from an inheritance, the deduction required under subsection
(2)(e) and (f) of this section shall only apply after the child support
obligation has been paid in full.
(5) 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.
(6)(a) The deductions required under subsection (2) of this section
shall not apply to funds received by the department from an offender or
from a third party on behalf of an offender for payment of education or
vocational programs or postsecondary education degree programs as
provided in RCW 72.09.460 and 72.09.465.
(b) The deductions required under subsection (2) of this section
shall not apply to funds received by the department from a third party,
including but not limited to a nonprofit entity on behalf of the
department's education, vocation, or postsecondary education degree
programs.
(7) 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.
(8) When an inmate sentenced to life imprisonment without
possibility of release or sentenced to death under chapter 10.95 RCW
receives funds, deductions are required under subsection (2) of this
section, with the exception of a personal inmate savings account under
subsection (2)(b) of this section.
(9) The secretary of the department of corrections, or his or her
designee, may exempt an inmate from a personal inmate savings account
under subsection (2)(b) of this section if the inmate's earliest
release date is beyond the inmate's life expectancy.
(10) 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.
(11) Nothing in this section shall limit the authority of the
department of social and health services division of child support, the
county clerk, or a restitution recipient from taking collection action
against an inmate's moneys, assets, or property pursuant to chapter
9.94A, 26.23, 74.20, or 74.20A RCW including, but not limited to, the
collection of moneys received by the inmate from settlements or awards
resulting from legal action."
HB 1334 -
By Committee on Human Services & Corrections
ADOPTED 04/04/2011
On page 1, line 1 of the title, after "assault;" strike the remainder of the title and insert "amending RCW 72.09.015 and 72.09.480; reenacting and amending RCW 72.09.111; and prescribing penalties."
EFFECT: This amendment makes a technical correction, which fixes an incorrect cross-reference.