BILL REQ. #:  H-0429.1 

Prefiled 01/05/11. Read first time 01/10/11.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to providing juveniles sentenced as adults to life without the possibility of parole with meaningful periodic sentencing reviews to be conducted by the indeterminate sentencing review board; amending RCW 9.95.003, 9.95.009, 9.95.011, 9.95.013, 9.95.017, 9.95.115, 9.95.116, 9.95.120, 10.95.030, 72.09.270, and 72.09.460; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9.95.003 and 2007 c 362 s 1 are each amended to read as follows:
     The board shall consist of a ((chairman)) chair and four other members, each of whom shall be appointed by the governor with the consent of the senate. Each member shall hold office for a term of five years, and until his or her successor is appointed and qualified. The terms shall expire on April 15th of the expiration year. Vacancies in the membership of the board shall be filled by appointment by the governor with the consent of the senate. In the event of the inability of any member to act, the governor shall appoint some competent person to act in his or her stead during the continuance of such inability. The members shall not be removable during their respective terms except for cause determined by the superior court of Thurston county. The governor in appointing the members shall designate one of them to serve as ((chairman)) chair at the governor's pleasure. The appointed ((chairman)) chair shall serve as a fully participating board member and as the director of the agency.
     The members of the board and its officers and employees shall not engage in any other business or profession or hold any other public office without the prior approval of the executive ethics board indicating compliance with RCW 42.52.020, 42.52.030, 42.52.040 and 42.52.120; nor shall they, at the time of appointment or employment or during their incumbency, serve as the representative of any political party on an executive committee or other governing body thereof, or as an executive officer or employee of any political committee or association. The members of the board shall each severally receive salaries fixed by the governor in accordance with the provisions of RCW 43.03.040, and in addition shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.
     The board may employ, and fix, with the approval of the governor, the compensation of and prescribe the duties of a senior administrative officer and such officers, employees, and assistants as may be necessary, and provide necessary quarters, supplies, and equipment. For the purposes of hearings set forth in RCW 9.95.011(3), this shall include but not be limited to experts in adolescent psychosocial and brain development.

Sec. 2   RCW 9.95.009 and 1990 c 3 s 707 are each amended to read as follows:
     (1) On July 1, 1986, the board of prison terms and paroles shall be redesignated as the indeterminate sentence review board. The board's membership shall be reduced as follows: On July 1, 1986, and on July 1st of each year until 1998, the number of board members shall be reduced in a manner commensurate with the board's remaining workload as determined by the office of financial management based upon its population forecast for the indeterminate sentencing system and in conjunction with the budget process. To meet the statutory obligations of the indeterminate sentence review board, the number of board members shall not be reduced to fewer than three members, although the office of financial management may designate some or all members as part-time members and specify the extent to which they shall be less than full-time members. Any reduction shall take place by the expiration, on that date, of the term or terms having the least time left to serve.
     (2) On August 1, 2011, the office of financial management shall determine whether any changes in the membership of the board are necessary based upon its population forecast of the population of offenders who will be reviewed by the board pursuant to RCW 9.95.011(3).
     (3)(a) After July 1, 1984, the board shall continue its functions with respect to persons:
     (i) Convicted of crimes committed prior to July 1, 1984, and committed to the department of corrections; and
     (ii) Sentenced in adult court to a term of life without parole for a crime committed prior to his or her eighteenth birthday and committed to the department of corrections.
     (b) When making decisions on duration of confinement, including those relating to persons committed under a mandatory life sentence, and parole release under RCW 9.95.100 and 9.95.110, the board shall consider the purposes, standards, and sentencing ranges adopted pursuant to RCW 9.94A.850 and the minimum term recommendations of the sentencing judge and prosecuting attorney where such recommendations exist in the trial record, and shall attempt to make decisions reasonably consistent with those ranges, standards, purposes, and recommendations: PROVIDED, That the board and its successors shall give adequate written reasons whenever a minimum term or parole release decision is made which is outside the sentencing ranges adopted pursuant to RCW 9.94A.850. In making such decisions, the board and its successors shall consider the different charging and disposition practices under the indeterminate sentencing system.
     (((3))) (4) Notwithstanding the provisions of subsection (((2))) (3) of this section, the indeterminate sentence review board shall give public safety considerations the highest priority when making all discretionary decisions on the remaining indeterminate population regarding the ability for parole, parole release, and conditions of parole.

Sec. 3   RCW 9.95.011 and 2009 c 28 s 21 are each amended to read as follows:
     (1) When the court commits a convicted person to the department of corrections on or after July 1, 1986, for an offense committed before July 1, 1984, the court shall, at the time of sentencing or revocation of probation, fix the minimum term. The term so fixed shall not exceed the maximum sentence provided by law for the offense of which the person is convicted.
     The court shall attempt to set the minimum term reasonably consistent with the purposes, standards, and sentencing ranges adopted under RCW 9.94A.850, but the court is subject to the same limitations as those placed on the board under RCW 9.92.090, 9.95.040 (1) through (4), 9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW. The court's minimum term decision is subject to review to the same extent as a minimum term decision by the parole board before July 1, 1986.
     Thereafter, the expiration of the minimum term set by the court minus any time credits earned under RCW 9.95.070 and 9.95.110 constitutes the parole eligibility review date, at which time the board may consider the convicted person for parole under RCW 9.95.100 and 9.95.110 and chapter 72.04A RCW. Nothing in this section affects the board's authority to reduce or increase the minimum term, once set by the court, under RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070, 9.95.080, 9.95.100, 9.95.115, 9.95.125, or 9.95.047.
     (2)(a) Except as provided in (b) of this subsection, not less than ninety days prior to the expiration of the minimum term of a person sentenced under RCW 9.94A.507, for a sex offense committed on or after September 1, 2001, less any time credits permitted by statute, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional five years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.
     (b) If at the time a person sentenced under RCW 9.94A.507 for a sex offense committed on or after September 1, 2001, arrives at a department of corrections facility, the offender's minimum term has expired or will expire within one hundred twenty days of the offender's arrival, then no later than one hundred twenty days after the offender's arrival at a department of corrections facility, but after the board receives the results from the end of sentence review process and the recommendations for additional or modified conditions of community custody from the department, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional five years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.
     (c) In setting a new minimum term, the board may consider the length of time necessary for the offender to complete treatment and programming as well as other factors that relate to the offender's release under RCW 9.95.420. The board's rules shall permit an offender to petition for an earlier review if circumstances change or the board receives new information that would warrant an earlier review.
     (3) The board is authorized to review the sentences of persons sentenced to life without parole for crimes committed prior to the person's eighteenth birthday and set a release date pursuant to RCW 9.95.115(2).
     (a) The board shall conduct a sentence review at least once within the first fifteen years of his or her sentence. For persons identified in this subsection who were sentenced on or before August 1, 2011, and who have already served more than fifteen years, the board shall conduct an initial sentence review no later than July 1, 2012, unless he or she is released on other grounds prior to that date. If the board does not set a release date upon its initial review, it shall engage in another sentence review at least once in the three years following its decision and at least once every three years thereafter until the release of the offender.
     (b) After the board's initial review and before the subsequent review required under (a) of this subsection, the department of corrections, on behalf of the offender, may petition the board for review if circumstances change or the board receives new information that would warrant an earlier review. The board may also set an earlier date for review at the conclusion of a hearing in which it is determined that a sentence should not be reduced.

Sec. 4   RCW 9.95.013 and 1989 c 259 s 5 are each amended to read as follows:
     The board shall apply all of the statutory requirements of RCW 9.95.009(((2))) (3), requiring decisions of the board to be reasonably consistent with the ranges, standards, and purposes of the sentencing reform act, chapter 9.94A RCW, and the minimum term recommendations of the sentencing judge and the prosecuting attorney where such recommendations exist in the trial record, to every person who, on July 23, 1989, is incarcerated and has been adjudged under the provisions of RCW 9.92.090.

Sec. 5   RCW 9.95.017 and 2009 c 28 s 22 are each amended to read as follows:
     (1) The board shall cause to be prepared criteria for duration of confinement, release on parole, and length of parole for persons committed to prison for crimes committed before July 1, 1984, and persons committed to prison for life without the possibility of parole for crimes committed prior to the person's eighteenth birthday.
     The proposed criteria should take into consideration RCW 9.95.009(((2))) (3). Before submission to the governor, the board shall solicit comments and review on their proposed criteria for parole release.
     (2) Persons committed to the department of corrections and who are under the authority of the board for crimes committed on or after September 1, 2001, are subject to the provisions for duration of confinement, release to community custody, and length of community custody established in RCW 9.94A.507, 9.94A.704, 72.09.335, and 9.95.420 through 9.95.440.

Sec. 6   RCW 9.95.115 and 2001 2nd sp.s. c 12 s 332 are each amended to read as follows:
     (1) The indeterminate sentence review board is hereby granted authority to parole any person sentenced to the custody of the department of corrections, under a mandatory life sentence for a crime committed before July 1, 1984, except those persons sentenced to life without the possibility of parole. No such person shall be granted parole unless the person has been continuously confined therein for a period of twenty consecutive years less earned good time: PROVIDED, That no such person shall be released under parole who is subject to civil commitment as a sexually violent predator under chapter 71.09 RCW.
     (2) The indeterminate sentence review board is hereby granted authority to set a release date for a person in the custody of the department of corrections who is sentenced to life without the possibility of parole for a crime committed before the person's eighteenth birthday. No such person shall be released who is subject to civil commitment as a sexually violent predator under chapter 71.09 RCW.
     (3) Once a release date has been set pursuant to subsection (2) of this section, the indeterminate sentence review board is hereby granted the authority to set a term of community custody for a period of time up to the maximum sentence ordered by the court.

Sec. 7   RCW 9.95.116 and 1989 c 259 s 2 are each amended to read as follows:
     (1) The board shall fix the duration of confinement for persons committed to the custody of the department of corrections under a mandatory life sentence for a crime or crimes committed before July 1, 1984. However, no duration of confinement shall be fixed for those persons committed under a life sentence without the possibility of parole.
     The duration of confinement for persons covered by this section shall be fixed no later than July 1, 1992, or within six months after the admission or readmission of the convicted person to the custody of the department of corrections, whichever is later.
     (2) The board shall review the sentences of persons who were sentenced as adults to a term of life without parole for a crime committed prior to his or her eighteenth birthday.
     (3) Prior to fixing a duration of confinement under this section, the board shall request from the sentencing judge and the prosecuting attorney an updated statement in accordance with RCW 9.95.030. In addition to the report and recommendations of the prosecuting attorney and sentencing judge, the board shall also consider any victim impact statement submitted by a victim, survivor, or a representative, and any statement submitted by an investigative law enforcement officer. The board shall provide the convicted person with copies of any new statement and an opportunity to comment thereon prior to fixing the duration of confinement.
     (4) Victims shall have the option of having their statement to the board videotaped so that their statements may be preserved for any future hearings.

Sec. 8   RCW 9.95.120 and 2003 c 218 s 5 are each amended to read as follows:
     Whenever the board or a community corrections officer of this state has reason to believe a person convicted of a crime committed before July 1, 1984, or who is subject to review by the board under this act, has breached a condition of his or her parole or violated the law of any state where he or she may then be or the rules and regulations of the board, any community corrections officer of this state may arrest or cause the arrest and detention and suspension of parole of such convicted person pending a determination by the board whether the parole of such convicted person shall be revoked. All facts and circumstances surrounding the violation by such convicted person shall be reported to the board by the community corrections officer, with recommendations. The board, after consultation with the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the time when state community corrections officers shall file with the board reports required by this section, procedures pertaining thereto and the filing of such information as may be necessary to enable the board to perform its functions under this section. On the basis of the report by the community corrections officer, or at any time upon its own discretion, the board may revise or modify the conditions of parole or order the suspension of parole by the issuance of a written order bearing its seal, which order shall be sufficient warrant for all peace officers to take into custody any convicted person who may be on parole and retain such person in their custody until arrangements can be made by the board for his or her return to a state correctional institution for convicted felons. Any such revision or modification of the conditions of parole or the order suspending parole shall be personally served upon the parolee.
     Any parolee arrested and detained in physical custody by the authority of a state community corrections officer, or upon the written order of the board, shall not be released from custody on bail or personal recognizance, except upon approval of the board and the issuance by the board of an order of reinstatement on parole on the same or modified conditions of parole.
     All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police, prison, and peace officers and constables shall execute any such order in the same manner as any ordinary criminal process.
     Whenever a paroled prisoner is accused of a violation of his or her parole, other than the commission of, and conviction for, a felony or misdemeanor under the laws of this state or the laws of any state where he or she may then be, he or she shall be entitled to a fair and impartial hearing of such charges within thirty days from the time that he or she is served with charges of the violation of conditions of parole after his or her arrest and detention. The hearing shall be held before one or more members of the board at a place or places, within this state, reasonably near the site of the alleged violation or violations of parole.
     In the event that the board suspends a parole by reason of an alleged parole violation or in the event that a parole is suspended pending the disposition of a new criminal charge, the board shall have the power to nullify the order of suspension and reinstate the individual to parole under previous conditions or any new conditions that the board may determine advisable. Before the board shall nullify an order of suspension and reinstate a parole they shall have determined that the best interests of society and the individual shall best be served by such reinstatement rather than a return to a correctional institution.

Sec. 9   RCW 10.95.030 and 2010 c 94 s 3 are each amended to read as follows:
     (1) Except as provided in subsections (2) and (3) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good-time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program.
     (2) If, pursuant to a special sentencing proceeding held under RCW 10.95.050, the trier of fact finds that there are not sufficient mitigating circumstances to merit leniency, the sentence shall be death. In no case, however, shall a person be sentenced to death if the person had an intellectual disability at the time the crime was committed, under the definition of intellectual disability set forth in (a) of this subsection. A diagnosis of intellectual disability shall be documented by a licensed psychiatrist or licensed psychologist designated by the court, who is an expert in the diagnosis and evaluation of intellectual disabilities. The defense must establish an intellectual disability by a preponderance of the evidence and the court must make a finding as to the existence of an intellectual disability.
     (a) "Intellectual disability" means the individual has: (i) Significantly subaverage general intellectual functioning; (ii) existing concurrently with deficits in adaptive behavior; and (iii) both significantly subaverage general intellectual functioning and deficits in adaptive behavior were manifested during the developmental period.
     (b) "General intellectual functioning" means the results obtained by assessment with one or more of the individually administered general intelligence tests developed for the purpose of assessing intellectual functioning.
     (c) "Significantly subaverage general intellectual functioning" means intelligence quotient seventy or below.
     (d) "Adaptive behavior" means the effectiveness or degree with which individuals meet the standards of personal independence and social responsibility expected for his or her age.
     (e) "Developmental period" means the period of time between conception and the eighteenth birthday.
     (3) If the person convicted of the crime of aggravated first degree murder was under the age of eighteen at the time of the crime for which he or she is convicted, the person may not be sentenced to death or to a term of life without the possibility of parole. Rather, the court shall sentence the person to a term within the standard range established in RCW 9.94A.510 for offense seriousness level XV, unless the court determines that a departure from the standard range is appropriate pursuant to RCW 9.94A.535.
     (4) Where a person was sentenced prior to August 1, 2011, to life without the possibility of parole for a crime committed before the age of eighteen, the person shall be eligible for sentence review and a determination of a release date as set forth in RCW 9.95.011(3).

Sec. 10   RCW 72.09.270 and 2008 c 231 s 48 are each amended to read as follows:
     (1) The department of corrections shall develop an individual reentry plan as defined in RCW 72.09.015 for every offender who is committed to the jurisdiction of the department except:
     (a) Offenders who are sentenced to life without the possibility of release and who were age eighteen or older at the time of the crime for which he or she is convicted, or offenders sentenced to death under chapter 10.95 RCW; and
     (b) Offenders who are subject to the provisions of 8 U.S.C. Sec. 1227.
     (2) The individual reentry plan may be one document, or may be a series of individual plans that combine to meet the requirements of this section.
     (3) In developing individual reentry plans, the department shall assess:
     (a) All offenders using standardized and comprehensive tools to identify the criminogenic risks, programmatic needs, and educational and vocational skill levels for each offender. The assessment tool should take into account demographic biases, such as culture, age, and gender, as well as the needs of the offender, including any learning disabilities, substance abuse or mental health issues, and social or behavior deficits; and
     (b) Offenders convicted of a crime which occurred before the offender was eighteen years old for additional life skills which should be developed to prepare the offender for living on his or her own as an adult in the community. Examples of these life skills include, but are not limited to, managing a budget, opening and maintaining a bank account, shopping for necessary items such as food and clothing, and applying to rent living quarters.
     (4)(a) The initial assessment shall be conducted as early as sentencing, but, whenever possible, no later than forty-five days of being sentenced to the jurisdiction of the department of corrections. For offenders sentenced to life without the possibility of parole prior to August 1, 2011, for a crime which occurred before the offender was eighteen years old, the initial assessment shall be conducted no later than December 31, 2011.
     (b) The offender's individual reentry plan shall be developed as soon as possible after the initial assessment is conducted, but, whenever possible, no later than sixty days after completion of the assessment, and shall be periodically reviewed and updated as appropriate.
     (5) The individual reentry plan shall, at a minimum, include:
     (a) A plan to maintain contact with the inmate's children and family, if appropriate. The plan should determine whether parenting classes, or other services, are appropriate to facilitate successful reunification with the offender's children and family;
     (b) An individualized portfolio for each offender that includes the offender's education achievements, certifications, employment, work experience, skills, and any training received prior to and during incarceration; and
     (c) A plan for the offender during the period of incarceration through reentry into the community that addresses the needs of the offender including education, employment, substance abuse treatment, mental health treatment, family reunification, and other areas which are needed to facilitate a successful reintegration into the community.
     (6)(a) Prior to discharge of any offender, the department shall:
     (i) Evaluate the offender's needs and, to the extent possible, connect the offender with existing services and resources that meet those needs; and
     (ii) Connect the offender with a community justice center and/or community transition coordination network in the area in which the offender will be residing once released from the correctional system if one exists.
     (b) If the department recommends partial confinement in an offender's individual reentry plan, the department shall maximize the period of partial confinement for the offender as allowed pursuant to RCW 9.94A.728 to facilitate the offender's transition to the community.
     (7) The department shall establish mechanisms for sharing information from individual reentry plans to those persons involved with the offender's treatment, programming, and reentry, when deemed appropriate. When feasible, this information shall be shared electronically.
     (8)(a) In determining the county of discharge for an offender released to community custody, the department may not approve a residence location that is not in the offender's county of origin unless it is determined by the department that the offender's return to his or her county of origin would be inappropriate considering any court-ordered condition of the offender's sentence, victim safety concerns, negative influences on the offender in the community, or the location of family or other sponsoring persons or organizations that will support the offender.
     (b) If the offender is not returned to his or her county of origin, the department shall provide the law and justice council of the county in which the offender is placed with a written explanation.
     (c) For purposes of this section, the offender's county of origin means the county of the offender's first felony conviction in Washington.
     (9) Nothing in this section creates a vested right in programming, education, or other services.

Sec. 11   RCW 72.09.460 and 2007 c 483 s 402 are each amended to read as follows:
     (1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted as specifically provided in this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges.
     (2) The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs. In instances where more inmates agree to participate in education and work programs than are available, priority shall be given to inmates who were under eighteen years old at the time of the crime for which they were convicted and who are within two years of the sentencing review eligibility date set forth in RCW 9.95.011(3).
     (3)(a) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:
     (i) Achievement of basic academic skills through obtaining a high school diploma or its equivalent;
     (ii) Achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;
     (iii) Additional work and education programs necessary for compliance with an offender's individual reentry plan under RCW 72.09.270 with the exception of postsecondary education degree programs as provided in RCW 72.09.465; and
     (iv) Other appropriate vocational, work, or education programs that are not necessary for compliance with an offender's individual reentry plan under RCW 72.09.270 with the exception of postsecondary education degree programs as provided in RCW 72.09.465.
     (b) If programming is provided pursuant to (a)(i) through (iii) of this subsection, the department shall pay the cost of such programming, including but not limited to books, materials, supplies, and postage costs related to correspondence courses.
     (c) If programming is provided pursuant to (a)(iv) of this subsection, inmates shall be required to pay all or a portion of the costs, including books, fees, and tuition, for participation in any vocational, work, or education program as provided in department policies. Department policies shall include a formula for determining how much an offender shall be required to pay. The formula shall include steps which correlate to an offender average monthly income or average available balance in a personal inmate savings account and which are correlated to a prorated portion or percent of the per credit fee for tuition, books, or other ancillary costs. The formula shall be reviewed every two years. A third party may pay directly to the department all or a portion of costs and tuition for any programming provided pursuant to (a)(iv) of this subsection on behalf of an inmate. Such payments shall not be subject to any of the deductions as provided in this chapter.
     (d) The department may accept any and all donations and grants of money, equipment, supplies, materials, and services from any third party, including but not limited to nonprofit entities, and may receive, utilize, and dispose of same to complete the purposes of this section.
     (e) Any funds collected by the department under (c) and (d) of this subsection and subsections (8) and (9) of this section shall be used solely for the creation, maintenance, or expansion of inmate educational and vocational programs.
     (4) The department shall provide access to a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements in accordance with chapter 28A.193 RCW. The program of education established by the department and education provider under RCW 28A.193.020 for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. The program of education may include but not be limited to basic education, prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.
     (5)(a) In addition to the policies set forth in this section, the department shall consider the following factors in establishing criteria for assessing the inclusion of education and work programs in an inmate's individual reentry plan and in placing inmates in education and work programs:
     (i) An inmate's release date and custody level. An inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date, except that inmates with a release date of more than one hundred twenty months in the future shall not comprise more than ten percent of inmates participating in a new class I correctional industry not in existence on June 10, 2004;
     (ii) An inmate's education history and basic academic skills;
     (iii) An inmate's work history and vocational or work skills;
     (iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and
     (v) Where applicable, an inmate's prior performance in department-approved education or work programs;
     (b) The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals.
     (6) Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges.
     (7) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a health condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all inmates with temporary disabilities to ensure the earliest possible entry or reentry by inmates into available programming.
     (8) The department shall establish policies requiring an offender to pay all or a portion of the costs and tuition for any vocational training or postsecondary education program if the offender previously abandoned coursework related to education or vocational training without excuse as defined in rule by the department. Department policies shall include a formula for determining how much an offender shall be required to pay. The formula shall include steps which correlate to an offender average monthly income or average available balance in a personal inmate savings account and which are correlated to a prorated portion or percent of the per credit fee for tuition, books, or other ancillary costs. The formula shall be reviewed every two years. A third party may pay directly to the department all or a portion of costs and tuition for any program on behalf of an inmate under this subsection. Such payments shall not be subject to any of the deductions as provided in this chapter.
     (9) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release, sentenced to death under chapter 10.95 RCW, or subject to the provisions of 8 U.S.C. Sec. 1227:
     (a) Shall not be required to participate in education programming except as may be necessary for the maintenance of discipline and security;
     (b) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers;
     (c) May participate in prevocational or vocational training that may be necessary to participate in a work program;
     (d) Shall be subject to the applicable provisions of this chapter relating to inmate financial responsibility for programming.

NEW SECTION.  Sec. 12   This act takes effect August 1, 2011.