SB 5429 -
By Committee on Human Services
ADOPTED 04/04/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 72.09.480 and 2003 c 271 s 3 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 subsections (((7))) (4)
and (8) of this section, receives any funds in addition to his or her
wages or gratuities, except settlements or awards resulting from legal
action, the additional funds shall be subject to the following
deductions and the priorities established in chapter 72.11 RCW:
(a) Five percent to the public safety and education account for the
purpose of crime victims' compensation;
(b) Ten percent to a department personal inmate savings account;
(c) ((Twenty percent to the department to contribute to the cost of
incarceration;)) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court; ((
(d)and)) (d) Twenty percent for any child support owed under
a support order; and
(e) Fifteen
(e) Twenty percent to the department to contribute to the cost of
incarceration.
(3) When an inmate, except as provided in subsection (((7))) (8) of
this section, receives any funds from a settlement or award resulting
from a legal action, 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.
(4) When an inmate who is subject to a child support order receives
funds from an inheritance, the deduction required under subsection
(2)(e) of this section shall only apply after the child support
obligation has been paid in full.
(5) 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.
(((5))) (6) 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.
(((6))) (7) 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.
(((7))) (8) 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, except
settlements or awards resulting from legal action, 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,
twenty percent to the department to contribute to the cost of
incarceration, and fifteen percent to child support payments.
(((8))) (9) When an inmate sentenced to life imprisonment without
possibility of release or parole, or to death under chapter 10.95 RCW,
receives any funds from a settlement or award resulting from a legal
action 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.
(((9))) (10) The interest earned on an inmate savings account
created as a result of the plan in section 4, chapter 325, Laws of 1999
shall be exempt from the mandatory deductions under this section and
RCW 72.09.111.
(((10))) (11) Nothing in this section shall limit the authority of
the department of social and health services division of child support
from taking collection action against an inmate's moneys, assets, or
property pursuant to chapter 26.23, 74.20, or 74.20A RCW including, but
not limited to, the collection of moneys received by the inmate from
settlements or awards resulting from legal action."
EFFECT: Changes the order of priority for distribution of funds deducted from funds received by an inmate from sources other than wages or as a result of a legal action to put payment to the state after payment of LFOs and payment of child support.