5451-S2.E AMH .... H2648.1

E2SSB 5451 - H AMD TO H AMD (H-2619.2/93) 000691 WITHDRAWN 4-20-93

By Representatives R. Meyers, Conway and Padden

    On page 55, beginning on line 33, strike everything through "committees." on page 59, line 16, and insert the following:

    "Sec. 26.  RCW 43.19.534 and 1986 c 94 s 2 are each amended to read as follows:

    State agencies, the legislature, and departments shall purchase for their use all ((articles or products)) goods and services required by the legislature, agencies, or departments ((which)) that are produced or provided in whole or in part from class II inmate work programs operated by the department of corrections through state contract.  These ((articles and products)) goods and services shall not be purchased from any other source unless, upon application by the department or agency:  (1) The department of general administration finds that the articles or products do not meet the reasonable requirements of the agency or department, (2) are not of equal or better quality, or (3) the price of the product or service is higher than that produced by the private sector.  However, the criteria contained in (1), (2), and (3) of this section for purchasing goods and services from sources other than correctional industries do not apply to goods and services produced by correctional industries that primarily replace goods manufactured or services obtained from outside the state.  The department of corrections and department of general administration shall adopt administrative rules that implement this section.

NEW SECTION. Sec. 27.  A new section is added to chapter 72.09 RCW to read as follows:

    (1) The secretary shall increase inmate participation in class I and class II correctional industries work programs incrementally until a combined total of fifteen percent of all eligible physically and mentally able inmates are employed in class I and class II programs by December 30, 1998, and thirty percent by December 30, 2001.  "Eligible physically and mentally able inmates" includes all inmates in department facilities except inmates determined to be incapable of working in correctional industries work programs due to one of the following reasons only:

    (a) The inmate has a chronic mental deficiency or is mentally retarded and participation in work programs is impossible;

    (b) The inmate has a physical disability or illness making participation in work programs impossible;

    (c) The inmate is housed in an intensive management unit.

    (2) The department shall deduct at least fifty percent from the gross wages of each inmate working in correctional industries.  This amount shall be first used to pay any court-ordered legal financial obligations the defendant is required to pay.  Upon full payment of legal financial obligations, the deduction shall be deposited into a department personal inmate savings account until the account reaches at least two hundred fifty dollars.  Thereafter, all inmates working in class I, class II, class III, and class IV correctional industries programs shall pay fifty percent of their gross wages earned, up to six dollars per hour, toward the cost of incarceration so long as the inmate has retained at least two hundred fifty dollars in a department personal inmate savings account.

    (3) 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.

    (4) 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 gained from this section shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining the correctional industries program until December 31, 2000, and thereafter all funds shall be deposited in the general fund.

    (5) The expansion of inmate employment in class I and class II correctional industries shall be limited to the expanded use of existing correctional industry facilities and any new facilities funded in the 1993-95 budget, and any expansions funded from the recovery of inmate wages described in subsection (4) of this section.  The department shall maximize the use of existing facilities to the fullest possible extent, including the addition of second and third shifts of workers where possible.

    Sec. 28.  RCW 72.09.070 and 1989 c 185 s 4 are each amended to read as follows:

    (1) There is created a correctional industries board of directors which shall have the composition provided in RCW 72.09.080.

    (2) Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and implement policy for correctional industries programs designed to:

    (a) Offer inmates meaningful employment, work experience, and training in vocations ((which may provide)) that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon their release from custody;

    (b) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;

    (c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;

    (d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;

    (e) Develop and design correctional industries work programs;

    (f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the impact on in-state jobs and businesses.

    (3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.

    (4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.

    (5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs.  The secretary shall appoint the members of the committees.

    Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.

    Sec. 29.  RCW 72.09.080 and 1989 c 185 s 5 are each amended to read as follows:

    (1) The correctional industries board of directors shall consist of nine voting members, appointed by the governor ((upon recommendation by the secretary)).  Each member shall serve a three-year staggered term.  Initially, the governor shall appoint three members to one-year terms, three members to two-year terms, and three members to three-year terms.  The speaker of the house of representatives and the president of the senate shall each appoint one member from each of the two largest caucuses in their respective houses.  The legislators so appointed shall be nonvoting members and shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.  The nine members appointed by the governor shall include three representatives from ((both)) labor ((and industry)), three representatives from business representing cross-sections of industries and all sizes of employers, and three members from the general public.

    (2) The board of directors shall elect a chair and such other officers as it deems appropriate from among the voting members.

    (3) The voting members of the board of directors shall serve with compensation pursuant to RCW 43.03.240 and shall be reimbursed by the department for travel expenses and per diem under RCW 43.03.050 and 43.03.060, as now or hereafter amended.  Legislative members shall be reimbursed under RCW 44.04.120, as now or hereafter amended.

    (4) The secretary shall provide such staff services, facilities, and equipment as the board shall require to carry out its duties.

    Sec. 30.  RCW 72.09.110 and 1991 c 133 s 1 are each amended to read as follows:

    All inmates working in prison industries shall participate in the cost of corrections, including costs to develop and implement correctional industries programs((.  The secretary shall develop a formula which can be used to determine the extent to which the wages of these inmates will be deducted for this purpose.  The amount so deducted shall be placed in the general fund and shall be a reasonable amount which will not unduly discourage the incentive to work)), by means of deductions from their gross wages.  The secretary may direct the state treasurer to deposit a portion of these moneys in the crime victims compensation account.  ((Except)) The secretary shall direct that all moneys received by an inmate((,)) for testifying in any judicial proceeding((, go)) shall be deposited into the crime victims compensation account.

    When the secretary finds it appropriate and not unduly destructive of the work incentive, the secretary ((shall)) may also provide deductions for ((restitution,)) savings((,)) and family support.

    Sec. 31.  RCW 72.60.160 and 1981 c 136 s 103 are each amended to read as follows:

    All articles, materials, services, and supplies ((herein)) authorized by this chapter to be produced or manufactured in correctional institutions ((may)) shall be purchased from the institution producing or manufacturing the same by any state agency ((or political subdivision of the state)) through state contract as set forth in RCW 43.19.534, and the secretary shall require those institutions under his direction to give preference to the purchasing of their needs of such articles as are so produced.

NEW SECTION. Sec. 32.  By January 1, 1994, the secretary of corrections shall submit a report to the chief clerk of the house of representatives and secretary of the senate containing an identification and description of any impediments which the secretary believes might prevent the department from achieving compliance with the inmate work participation percentages specified in section 27 of this act.  The secretary also shall include, in the report, alternative ways to remove any identified impediments.  The chief clerk and secretary shall distribute the report to the appropriate standing committees.

NEW SECTION. Sec. 33.  The following acts or parts of acts are each repealed:

(1) RCW 72.09.102 and 1986 c 94 s 1; and

(2) RCW 72.60.190 and 1981 c 136 s 104, 1979 ex.s. c 160 s 4, & 1959 c 28 s 72.60.190."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

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