Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1429

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

In 1995 the Legislature enacted Second Engrossed Second Substitute House Bill 2010, requiring the Department of Corrections (DOC) to prioritize resources for education. Under statute, the DOC was required, to the extent possible and considering available funds, to prioritize its resources to meet the goals for incarcerated inmates. The agency had to prioritize its goals in the following order:

achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;
additional work and education programs based on assessments and placements; and
other work and education programs as appropriate.

Many years later, pursuant to the enactment of Engrossed Substitute Senate Bill 6157 in 2007, the Legislature required the DOC to reprioritize its resources to meet the following goals for inmates in the following specific order:

achievement of basic academic skills through obtaining a high school diploma or its equivalent;
achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;
additional work and education programs necessary for compliance with an offender's individual re-entry plan; and
any other appropriate vocational, work, or education programs that are not necessary for compliance with an offender's individual re-entry plan.

The DOC was explicitly prohibited from paying for post-secondary education. Any inmate expressing interest in post-secondary courses must self-pay for the costs of a post-secondary education degree program or by receiving funding from a third party.

The DOC has developed a process for offenders interested in participating in self-paid post-secondary academic, vocational, and theology programs through correspondence education involving an educational course or series of classes necessary to obtain or achieve a proficiency standard. Courses are completed through the mail with an accredited educational institution that meets all criteria necessary to gain accreditation recognized by the U.S. Department of Education and the Council for Higher Education Accreditation, or one of the approved accrediting commissions or councils listed in the DOCs policy.

Summary of Bill:

Recognizing that there is a positive correlation between education opportunities and reduced recidivism, it is the intent of the Legislature to offer appropriate post-secondary opportunities to inmates.

The DOC may pay the cost of programming as it relates to basic academic skills, achievement of vocational skills, and additional work and education plans necessary for compliance with an offender re-entry plan.

The statutory provision that explicitly prohibits the DOC frompaying for post-secondary education is eliminated.

The DOC is authorized to implement post-secondary education degree programs within available resources. An inmate may be selected to participate in a state-funded post-secondary education degree program, based on priority criteria determined by the DOC. An inmate not meeting the DOCs priority criteria for the state-funded post-secondary education degree program must pay the costs for participation in a post-secondary education degree program if he or she elects to participate in the program. The inmate may pay through self-pay by paying for the program his or herself or may receive funding from a third party.