FINAL BILL REPORT

EHB 1248

C 81 L 17

Synopsis as Enacted

Brief Description: Correcting a conflict between state and federal law regarding class I correctional industries work programs.

Sponsors: Representatives Griffey, Appleton, Goodman, Klippert, Holy and Hayes; by request of Department of Corrections.

House Committee on Public Safety

House Committee on Appropriations

Senate Committee on Law & Justice

Background:

The Department of Corrections (DOC) provides inmate work programs through its Correctional Industries Division. There are five classes of correctional industries work programs. All inmates working in Class I–IV employment receive financial compensation for their work. Class V work is court ordered community work that is performed for the benefit of the community without financial compensation.

The DOC is certified by the federal Bureau of Justice Assistance (BJA) to administer Prison Industry Enhancement Certification Programs. In Washington, these are called Class I ("free venture") industries, and allow private sector companies to operate within state correctional facilities to produce goods or services for sale to the public or private sector. Inmates must be paid wages comparable to the wages for work of a similar nature in the locality in which the industry is located.

The DOC is required to deduct taxes and legal financial obligations from the gross wages inmates earn while working in Correctional Industries employment. Deductions follow a statutory formula, and must not reduce an inmate account below an indigency level of less than $10 of disposable income. The minimum deductions from Class I gross wages and all other income of inmates earning at least minimum wage are:

• 5 percent to crime victims' compensation;

• 10 percent to a department personal inmate savings account;

• 20 percent to the DOC to contribute to the cost of incarceration;

• 20 percent for payment of legal financial obligations; and

• 20 percent for payment of any civil judgment for assault.

Under BJA regulations, deductions may be made from inmate gross wages for specified purposes, including taxes, reasonable charges for room and board, family support, and victims' compensation. These deductions cannot total more than 80 percent of gross wages.

Summary:

The DOC must deduct taxes, legal financial obligations, and other statutorily identified deductions from an inmate's wages, rather than an inmate's gross wages. The schedule of deductions from Class I wages and income from other inmates earning at least minimum wage is changed from a minimum deduction schedule to a maximum allowable deduction schedule.

"Wages" is defined as monetary compensation due to an offender worker by reason of his or her participation in a Class I work program, subject to allowable deductions.

Votes on Final Passage: