SENATE BILL REPORT

SB 6723

BYSenators McDonald, Thorsness, Smith and Craswell

Requiring the use of inmate labor for construction, repair, or modification of correctional facilities.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 25, 1990

Senate Staff:Ben Barnes (786-7465)

AS OF JANUARY 24, 1990

BACKGROUND:

State law imposes relatively few restrictions on the use of inmate labor for capital construction projects.  While Article II, section 29 of the state Constitution prohibits the private use of inmate labor, it specifically authorizes the Legislature to "provide for the working of convicts for the benefit of the state."

Under this authority, the Legislature has given the Department of Corrections (DOC) broad authority to use inmate labor for both new construction and renovations if DOC determines that "the improvements can be made in as satisfactory a manner and at a less cost to the state by doing so" (RCW 72.01.110).

SUMMARY:

The Department of Corrections is required to exclusively employ inmates in constructing, repairing, or modifying any state structure or facility.  The department is exempt from this requirement, however, if it can certify to the Office of Financial Management that the inmates cannot perform the work in a satisfactory manner or at an equal or lower cost to the state.  This certification must also be provided to the Senate Ways and Means Committee and Subcommittee on Corrections and to the House of Representatives Committees on Judiciary and Capital Facilities and Finance.  The department is also required to annually report to these committees on the use of inmate labor on capital construction projects.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 22, 1990

Effective Date:The bill contains an emergency clause and takes effect immediately.