AN ACT Relating to jail
industries; amending RCW 36.110.020, 36.110.120, and 36.110.130; adding new
sections to chapter 36.110 RCW; and repealing RCW 36.110.040.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.110.020 and 1993
c 285 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Board"
means the state-wide jail industries board of directors.
(2) "City"
means any city, town, or code city.
(3) "Cost
accounting center" means a specific industry program operated under the
private sector prison industry enhancement certification program as specified
in 18 U.S.C. Sec. 1761.
(4) "Court-ordered
legal financial obligation" means a sum of money that is ordered by a
superior, district, or municipal court of the state of Washington for payment
of restitution to a victim, a statutorily imposed crime victims compensation fee,
court costs, a county or interlocal drug fund, court appointed attorneys' fees
and costs of defense, fines, and other legal financial obligations that are
assessed as a result of a felony or misdemeanor conviction.
(5) "Free venture employer
model industries" means ((types of industries which produce
products, goods, or services through two modalities: (a) Employer model:))
an agreement between a city or county and a private sector
business or industry or nonprofit organization to produce goods or services to
both public and private sectors((; (b))) utilizing jail inmates whose
compensation and supervision are provided by the private sector business or
entity.
"Free venture
customer model((: An industry operated and managed)) industries"
means an agreement between a city or county and a private sector business or
industry, or nonprofit organization to provide Washington state
manufacturers or businesses with products or services currently produced,
provided, ((and)) or assembled by out-of-state or foreign suppliers
utilizing jail inmates whose compensation and supervision are provided by
the incarcerating facility or local jurisdiction.
(6) "Jail
inmate" means a preconviction or postconviction resident of a city or
county jail who is determined to be eligible to participate in jail inmate work
programs according to the eligibility criteria of the work program.
(7) "Private
sector prison industry enhancement certification program" means that
program authorized by the United States justice assistance act of 1984, 18
U.S.C. Sec. 1761.
(8) "Tax
reduction industries" means those industries as designated by a city or
county owning and operating such an industry to provide work training and
employment opportunities for jail inmates, in total confinement, which reduce
public support costs. The goods and services of these industries may be sold
to public agencies, nonprofit organizations, and private contractors when the
goods purchased will be ultimately used by a public agency or nonprofit
organization. Surplus goods from these operations may be donated to government
and nonprofit organizations.
Sec. 2. RCW 36.110.120 and 1993
c 285 s 12 are each amended to read as follows:
(1) A jail
inmate who works in a free venture industry or a tax reduction industry
shall be considered an employee of that industry only for the purpose of the
Washington industrial safety and health act, chapter 49.17 RCW, as long as the
public safety is not compromised, and for eligibility for industrial insurance
benefits under Title 51 RCW, as provided in this section. ((However,))
(2) For jail inmates
participating in free venture employer model industries, the private sector
business or industry or the nonprofit organization that is party to the
agreement, shall provide industrial insurance coverage under Title 51 RCW.
Local jurisdictions shall not be responsible for obligations under Title 51 RCW
in a free venture employer model industry except as provided in RCW 36.110.130.
(3) For jail inmates
participating in free venture customer model industries, the incarcerating
entity or jurisdiction, the private sector business or industry, or the
nonprofit organization that is party to the agreement, shall provide industrial
insurance coverage under Title 51 RCW dependent upon how the parties to the
agreement choose to finalize the agreement.
(4) For jail inmates
incarcerated and participating in tax reduction industries:
(a) Local
jurisdictions that are self-insured may elect to provide medical aid benefits
coverage only under chapter 51.36 RCW through the state fund.
(b) Local
jurisdictions, to include self-insured jurisdictions, may elect to provide
industrial insurance coverage under Title 51 RCW through the state fund.
(5) If industrial
insurance coverage under Title 51 RCW is provided for inmates under this
section, eligibility for benefits for either the inmate or the inmate's
dependents or beneficiaries for temporary total disability or permanent total
disability under RCW 51.32.090 or 51.32.060, respectively, shall not take
effect until the inmate is discharged from custody by order of a court of
appropriate jurisdiction. Nothing in this section shall be construed to confer
eligibility for any industrial insurance benefits to any jail inmate who is not
employed in a ((nonfree)) free venture industry or a tax
reduction industry.
Sec. 3. RCW 36.110.130 and 1993
c 285 s 13 are each amended to read as follows:
In the event of a
failure ((or discontinuance)) such as a bankruptcy or dissolution,
of a private sector business, industry, or nonprofit organization engaged in
a free venture industry agreement, responsibility for obligations under Title
51 RCW shall be borne by the city or county responsible for establishment of ((such))
the free venture industry agreement, as if the city or county had
been the employing agency. To ensure that this obligation can be clearly
identified and accomplished, and to provide accountability for purposes of the
department of labor and industries, a free venture jail industry agreement
entered into by a city or county and private sector business, industry, or
nonprofit organization should be filed under a separate master business
application, establishing a new and separate account with the department of
labor and industries, and not be reported under an existing account for parties
to the agreement.
NEW SECTION. Sec.
4. A new section is added
to chapter 36.110 RCW to read as follows:
Technical training
assistance shall be provided to local jurisdictions by the board at the
jurisdiction's request. To facilitate and promote the development of local
jail industries programs, this training and technical assistance may include
the following: (1) Delivery of state-wide jail industry implementation
workshops for administrators of jail industries programs; (2) development of
recruitment and education programs for local business and labor to gain their
participation; (3) ongoing staff assistance regarding local jail industries
issues, such as sound business management skills, development of a professional
business plan, responding to questions regarding risk management, industrial
insurance, and similar matters; and (4) provision of guidelines and assistance
for the coordination of basic educational programs and jail industries as well
as other technical skills required by local jails in the implementation of
safe, productive, and effective jail industries programs.
NEW SECTION. Sec.
5. A new section is added
to chapter 36.110 RCW to read as follows:
Any member serving in
their official capacity on the Washington state jail industries board, in
either an appointed or advisory capacity, or either their employer or employers,
or other entity that selected the members to serve, are immune from a civil
action based upon an act performed in good faith.
NEW SECTION. Sec.
6. RCW 36.110.040 and 1993 c
285 s 4 are each repealed.
