AN
ACT Relating to deductions from inmate funds; amending RCW 72.09.480 and
72.09.111; adding a new section to chapter 70.48.RCW; and creating a new
section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
72.09.480 and 1998 c 261 s 2 are each amended to read as follows:
(1)
Unless the context clearly requires otherwise, the definitions in this section
apply to this section.
(a)
"Cost of incarceration" means the cost of providing an inmate with
shelter, food, clothing, transportation, supervision, and other services and
supplies as may be necessary for the maintenance and support of the inmate
while in the custody of the department, based on the average per inmate costs
established by the department and the office of financial management.
(b)
"Minimum term of confinement" means the minimum amount of time an
inmate will be confined in the custody of the department, considering the
sentence imposed and adjusted for the total potential earned early release time
available to the inmate.
(c)
"Program" means any series of courses or classes necessary to achieve
a proficiency standard, certificate, or postsecondary degree.
(2)
When an inmate, except as provided in subsection (6) of this section,
receives any funds in addition to his or her wages or gratuities, the
additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and
the priorities established in chapter 72.11 RCW.
(3)
The amount deducted from an inmate's funds under subsection (2) of this section
shall not exceed the department's total cost of incarceration for the inmate
incurred during the inmate's minimum or actual term of confinement, whichever
is longer.
(4)
The deductions required under subsection (2) of this section shall not apply to
funds received by the department on behalf of an offender for payment of one
fee-based education or vocational program that is associated with an inmate's
work program or a placement decision made by the department under RCW 72.09.460
to prepare an inmate for work upon release.
An
inmate may, prior to the completion of the fee-based education or vocational
program authorized under this subsection, apply to a person designated by the
secretary for permission to make a change in his or her program. The
secretary, or his or her designee, may approve the application based solely on
the following criteria: (a) The inmate has been transferred to another
institution by the department for reasons unrelated to education or a change to
a higher security classification and the offender's current program is
unavailable in the offender's new placement; (b) the inmate entered an academic
program as an undeclared major and wishes to declare a major. No inmate may
apply for more than one change to his or her major and receive the exemption
from deductions specified in this subsection; (c) the educational or vocational
institution is terminating the inmate's current program; or (d) the offender's
training or education has demonstrated that the current program is not the
appropriate program to assist the offender to achieve a placement decision made
by the department under RCW 72.09.460 to prepare the inmate for work upon
release.
(5)
The deductions required under subsection (2) of this section shall not apply to
any money received by the department, on behalf of an inmate, from family or
other outside sources for the payment of postage expenses. Money received
under this subsection may only be used for the payment of postage expenses and
may not be transferred to any other account or purpose. Money that remains
unused in the inmate's postage fund at the time of release shall be subject to
the deductions outlined in subsection (2) of this section.
(6)
When an inmate sentenced to life imprisonment without possibility of release or
parole, or to death under chapter 10.95 RCW, receives any funds in addition to
his or her gratuities, the additional funds shall be subject to: Deductions of
five percent to the public safety and education account for the purpose of crime
victims' compensation and twenty percent to the department to contribute to the
cost of incarceration.
(7)
The interest earned on an inmate savings account created as a result of the
plan in section 4 of this act shall be exempt from the mandatory deductions
under this section and RCW 72.09.111.
Sec.
2. RCW
72.09.111 and 1994 sp.s. c 7 s 534 are each amended to read as follows:
(1)
The secretary shall deduct from the gross wages or gratuities of each inmate
working in correctional industries work programs, taxes and legal financial
obligations. The secretary shall develop a formula for the distribution of
offender wages and gratuities.
(a)
The formula shall include the following minimum deductions from class I gross
wages and from all others earning at least minimum wage:
(i)
Five percent to the public safety and education account for the purpose of
crime victims' compensation;
(ii)
Ten percent to a department personal inmate savings account; and
(iii)
Twenty percent to the department to contribute to the cost of incarceration.
(b)
The formula shall include the following minimum deductions from class II gross
gratuities:
(i)
Five percent to the public safety and education account for the purpose of
crime victims' compensation;
(ii)
Ten percent to a department personal inmate savings account; and
(iii)
Fifteen percent to the department to contribute to the cost of incarceration.
(c)
The formula shall include the following minimum deduction from class IV gross
gratuities: Five percent to the department to contribute to the cost of
incarceration.
(d)
The formula shall include the following minimum deductions from class III
gratuities: Five percent for the purpose of crime victims' compensation.
Any
person sentenced to life imprisonment without possibility of release or parole
under chapter 10.95 RCW or sentenced to death shall be exempt from the
requirement under (a)(ii) or (b)(ii) of this subsection.
The
department personal inmate savings account, together with any accrued interest,
shall only be available to an inmate at the time of his or her release from
confinement, unless the secretary determines that an emergency exists for the
inmate, at which time the funds can be made available to the inmate in an
amount determined by the secretary. The management of classes I, II, and IV
correctional industries may establish an incentive payment for offender workers
based on productivity criteria. This incentive shall be paid separately from
the hourly wage/gratuity rate and shall not be subject to the specified
deduction for cost of incarceration.
In
the event that the offender worker's wages or gratuity is subject to
garnishment for support enforcement, the crime victims' compensation, savings,
and cost of incarceration deductions shall be calculated on the net wages after
taxes, legal financial obligations, and garnishment.
(2)
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.
(3)
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 deducted from inmate wages under
subsection (1) of this section for the purpose of contributions to the cost of
incarceration shall be deposited in a dedicated fund with the department and
shall be used only for the purpose of enhancing and maintaining correctional
industries work programs ((until December 31, 2000, and thereafter all such
funds shall be deposited in the general fund)).
(4)
The expansion of inmate employment in class I and class II correctional
industries shall be implemented according to the following schedule:
(a)
Not later than June 30, 1995, the secretary shall achieve a net increase of at
least two hundred in the number of inmates employed in class I or class II
correctional industries work programs above the number so employed on June 30,
1994;
(b)
Not later than June 30, 1996, the secretary shall achieve a net increase of at
least four hundred in the number of inmates employed in class I or class II
correctional industries work programs above the number so employed on June 30,
1994;
(c)
Not later than June 30, 1997, the secretary shall achieve a net increase of at
least six hundred in the number of inmates employed in class I or class II
correctional industries work programs above the number so employed on June 30,
1994;
(d)
Not later than June 30, 1998, the secretary shall achieve a net increase of at
least nine hundred in the number of inmates employed in class I or class II
correctional industries work programs above the number so employed on June 30,
1994;
(e)
Not later than June 30, 1999, the secretary shall achieve a net increase of at
least one thousand two hundred in the number of inmates employed in class I or
class II correctional industries work programs above the number so employed on
June 30, 1994;
(f)
Not later than June 30, 2000, the secretary shall achieve a net increase of at
least one thousand five hundred in the number of inmates employed in class I or
class II correctional industries work programs above the number so employed on
June 30, 1994.
(5)
It shall be in the discretion of the secretary to apportion the inmates between
class I and class II depending on available contracts and resources.
NEW
SECTION. Sec. 3. A
new section is added to chapter 70.48 RCW to read as follows:
A
governing unit may require that each person who is booked at a city, county, or
regional jail pay a fee of ten dollars to the sheriff's department of the
county or police chief of the city in which the jail is located. The fee is
payable immediately from any money then possessed by the person being booked,
or any money deposited with the sheriff's department or city jail
administration on the person's behalf. If the person has no funds at the time
of booking or during the period of incarceration, the sheriff or police chief
may notify the court in the county or city where the charges related to the
booking are pending, and may request the assessment of the fee. Unless the
person is held on other criminal matters, if the person is not charged, is
acquitted, or if all charges are dismissed, the sheriff or police chief shall
return the fee to the person at the last known address listed in the booking
records.
NEW SECTION. Sec. 4. The
secretary of corrections shall prepare a plan for depositing inmate savings account
funds into an interest bearing account. The plan shall assume that the funds
shall be deposited into a commingled account for all inmates and that the
interest shall be paid in a manner pro rata to the inmate's share of the total
deposits. The secretary shall present the plan to the governor and the
legislature not later than December 1, 1999. The plan shall minimize the costs
of administering the account and the inmates shall receive interest at a rate
not less than the passbook savings rate.
