5451-S.2E AMH MIELKE GOWE 67 [67]

2ESSB 5451 - H AMD TO H AMD H-2670.1 000719 ADOPTED 4-23-93

By Representatives Mielke, Long and Morris

On page 48, after line 21, insert the following:

"Sec. 19. RCW 9.95.070 and 1955 c 133 s 8 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, every prisoner who has a favorable record of conduct at the penitentiary or the reformatory, and who performs in a faithful, diligent, industrious, orderly and peaceable manner the work, duties, and tasks assigned to him or her to the satisfaction of the superintendent of the penitentiary or reformatory, and in whose behalf the superintendent of the penitentiary or reformatory files a report certifying that his or her conduct and work have been meritorious and recommending allowance of time credits to him or her, shall upon, but not until, the adoption of such recommendation by the indeterminate sentence review board ((~~of prison terms and paroles~~)), be allowed time credit reductions from the term of imprisonment fixed by the indeterminate sentence review board ((~~of prison terms and paroles~~)).

(2)(a) Every person sentenced to a correctional institution under the jurisdiction of the department of corrections shall be making satisfactory progress towards completing a high school education, achieve an equivalent score on the general educational development test, or be actively enrolled in a similar educational program or adult basic education program approved by the department of corrections before any earned time credits may be used to reduce the person's term of total confinement. This applies only if educational programs are available for inmate enrollment.

(b) This subsection does not apply to any person who already has a high school diploma or achieved an equivalent score on the general educational development test, is serving life in prison without parole, or is determined by the director of education programs within the department of corrections to be incapable of completing the educational program. A person may be determined to be incapable due to one of the following reasons only:

(i) The person has a chronic mental deficiency;

(ii) The person is considered mentally retarded;

(iii) A physical or mental disability makes participation in the educational program impossible.

(c) Failure to complete the requirements of this subsection (2) may not be used as the basis for extending a person's original term of confinement.

(d) This subsection (2) may not be used to control inmate population levels.

Sec. 20. RCW 72.09.130 and 1981 c 136 s 17 are each amended to read as follows:

(1) The department shall adopt a system providing incentives for good conduct and disincentives for poor conduct. The system may include increases or decreases in the degree of liberty granted the inmate within the programs operated by the department and recommended increases or decreases in the number of earned early release days that an inmate can earn for good conduct and good performance. Earned early release days shall be recommended by the department as a form of tangible reward for accomplishment. The system shall be fair, measurable, and understandable to offenders, staff, and the public. At least once in each twelve-month period, the department shall inform the offender in writing as to his or her conduct and performance. This written evaluation shall include reasons for awarding or not awarding recommended earned early release days for good conduct and good performance. The term "good performance" as used in this section means successfully performing a work, work training, or educational task to levels of expectation as specified in writing by the department. The term "good conduct" as used in this section refers to compliance with department rules.

Within one year after July 1, 1981, the department shall adopt, and provide a written description of, the system. The department shall provide a copy of this description to each offender in its custody.

(2)(a) The system adopted pursuant to this section shall provide that every person sentenced to a correctional institution under the jurisdiction of the department of corrections shall be making satisfactory progress towards completing a high school education, achieve an equivalent score on the general educational development test, or be actively enrolled in a similar educational program or adult basic education program approved by the department of corrections before any earned early release time may be used to reduce the person's term of total confinement. This applies only for those inmates who do not already have a high school diploma or have not achieved an equivalent score on the general educational development test, and only if educational programs are available for inmate enrollment.

(b) This subsection does not apply to any person serving a life sentence without parole or who is determined by the director of education programs within the department of corrections to be incapable of participating in the educational program. A person may be determined to be incapable due to one of the following reasons only:

(i) The person has a chronic mental deficiency;

(ii) The person is considered mentally retarded;

(iii) A physical or mental disability makes participation in the educational program impossible.

(c) Failure to complete the requirements of this subsection (2) may not be used as the basis for extending a person's original term of confinement.

(d) This subsection (2) may not be used to control inmate population levels.

Sec. 21. RCW 72.09.100 and 1992 c 123 s 1 are each amended to read as follows:

It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. The department shall not allow inmates to participate in class I, II, or IV work programs unless they have completed a high school education, have achieved an equivalent score on the general educational development test, or are currently enrolled and making satisfactory progress in a similar educational program approved by the department, and if such educational programs are available. In the event that an inmate's educational program schedule is in conflict with the inmate's class I, II, or IV work program schedule, the inmate may be allowed to continue his or her work program schedule and shall be responsible for identifying and scheduling another time when the educational program schedule can be accommodated without being in conflict with his or her work program schedule. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

(1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.

The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.

The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

(2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

Security and custody services shall be provided without charge by the department of corrections.

Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

(a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

(b) Whenever possible, to provide forty hours of work or work training per week.

Supervising, management, and custody staff shall be employees of the department.

All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.

(4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

(5) CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an offender, placed on community supervision, to work off all or part of a community service order as ordered by the sentencing court.

Employment shall be in a community service program operated by the state, local units of government, or a nonprofit agency.

To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.

NEW SECTION. Sec. 22. Sections 19, 20 and 21 of this act apply prospectively only and shall not affect time credits, early release time, or other "good time" earned before the effective date of this act. Sections 19, 20 and 21 of this act shall not apply to offenders who have already received a high school diploma or achieved an equivalent score on the general educational development test or offenders sentenced to life imprisonment without parole."

Renumber the remaining sections consecutively and correct internal references accordingly.