BILL REQ. #:  H-3873.1 

READ FIRST TIME 02/04/14.   

     AN ACT Relating to inmate postsecondary education degree programs to reduce recidivism; and amending RCW 72.09.460 and 72.09.465.

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

Sec. 1   RCW 72.09.460 and 2013 c 39 s 24 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.
     (3) Recognizing that there is a positive correlation between education opportunities and reduced recidivism, it is the intent of the legislature to offer appropriate postsecondary opportunities to inmates.
     (4)(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 a high school equivalency certificate as provided in RCW 28B.50.536;
     (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)) including 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) and (10) of this section shall be used solely for the creation, maintenance, or expansion of inmate educational and vocational programs.
     (((4))) (5) 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 requirements or requirements to earn a high school equivalency certificate as provided in RCW 28B.50.536 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 high school equivalency certificate. 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))) (6)(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))) (7) 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))) (8) 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))) (9) 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))) (10) 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.

Sec. 2   RCW 72.09.465 and 2007 c 483 s 403 are each amended to read as follows:
     (1) The department shall, if funds are appropriated for the specific purpose, implement postsecondary education degree programs ((within)) at state correctional institutions((, including the state correctional institution with the largest population of female inmates)). The department shall consider for inclusion in any postsecondary education degree program, any postsecondary education degree program from an accredited community college, college, or university that is part of an associate of arts, baccalaureate, masters of arts, or other graduate degree program.
     (2) ((Except as provided in subsection (3) of this section,)) Inmates ((shall)) not meeting the department's priority criteria for the postsecondary education degree program shall be required to pay the costs for participation in ((any)) a postsecondary education degree program((s established under this subsection [section])) if he or she elects to participate through self-pay, including costs of books, fees, tuition, or any other appropriate ancillary costs, by one or more of the following means:
     (a) The inmate who is participating in the postsecondary education degree program ((shall)) may, during confinement, provide the required payment or payments to the department; or
     (b) A third party ((shall)) may provide the required payment or payments directly to the department on behalf of an inmate, and such payments shall not be subject to any of the deductions as provided in this chapter.
     (3) 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 provide postsecondary education to inmates. Additionally, the department may use a competitive procurement to contract with a fund-raiser to actively solicit grants and donations from private sources for the purposes of this section. The fund-raiser shall be paid on a contingency fee basis on a sliding scale but must not exceed fifteen percent of the total amount raised each year. The fund-raiser shall not be a registered state lobbyist. Within available resources, the department may use state funds on a one-time basis, in order to start up the administration for procuring a fund-raiser.
     (4) An inmate may be selected to participate in a state-funded postsecondary education degree program, based on priority determined by the department.
     (5) Any funds collected by the department under this section ((and RCW 72.09.450(4))) shall be used solely for the creation, maintenance, or expansion of inmate postsecondary education degree programs.