Z-51                  _______________________________________________

                                                   SENATE BILL NO. 4129

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senator McCaslin; by Corrections Standards Board request

Read first time 2/8/85 and referred to Committee on Human Services and Corrections.

AN ACT Relating to jail work release; and amending RCW 70.48.210.

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

        Sec. 1.  Section 17, chapter 232, Laws of 1979 ex. sess. as amended by section 39, chapter 165, Laws of 1983 and RCW 70.48.210 are each amended to read as follows:

          (1) All cities and counties are authorized to establish and maintain farms, camps, and work release programs and facilities, as well as special detention facilities.  The facilities shall meet the requirements of chapter 70.48 RCW and any rules adopted thereunder.

          (2) Farms and camps may be established either inside or outside the territorial limits of a city or county.  A sentence of confinement in a city or county jail may include placement in a farm or camp.  Unless directed otherwise by court order, the chief law enforcement officer or department of corrections, may transfer the prisoner to a farm or camp.  The sentencing court, chief law enforcement officer, or department of corrections may not transfer to a farm or camp a greater number of prisoners than can be furnished with constructive employment and can be reasonably accommodated.

          (3) The city or county may establish a city or county work release program and housing facilities for the prisoners in the program.  In such regard, factors such as employment conditions and the condition of jail facilities should be considered.  When a work release program is established the following provisions apply:

          (a) A person convicted of a felony and placed in a city or county jail is eligible for the work release program.  A person sentenced to a city or county jail is eligible for the work release program.  The program may be used as a condition of probation for a criminal offense.  Good conduct is a condition of participation in the program.

          (b) The court may permit a person who is currently, regularly employed to continue his or her employment.  The chief law enforcement officer or department of corrections shall make all necessary arrangements if possible.  The court may authorize the person to seek suitable employment and may authorize the chief law enforcement officer or department of corrections to make reasonable efforts to find suitable employment for the person.  A person participating in the work release program may not work in an establishment where there is a labor dispute.

          (c) The work release prisoner shall be confined in a work release facility or jail ((whenever the prisoner is not employed and between the hours or periods of employment)) unless authorized to be absent from the facility for program-related purposes, unless the court directs otherwise.

          (d) The chief law enforcement officer or a designee shall collect the work release prisoner's earnings and from the earnings make payments for the prisoner's board, personal expenses inside and outside the jail, ((and)) a share of the administrative expenses of this section, court-ordered victim compensation, and court-ordered restitution.  Support payments for the prisoner's dependents, if any, shall be made as directed by the court.  With the prisoner's consent, the remaining funds may be used to pay the prisoner's preexisting debts.  Any balance shall be retained and paid to the prisoner when the prisoner is discharged.

          (e) With court approval the prisoner's sentence may be reduced by ((one-fourth)) one-third if the prisoner's conduct, diligence, and general attitude merit the reduction.

          (f) If the work release prisoner violates the conditions of custody or employment, the prisoner shall be returned to the sentencing court.  The sentencing court may require the prisoner to spend the remainder of the sentence in actual confinement and may cancel any earned reduction of the sentence.

          (4) A special detention facility may be operated by a noncorrectional agency or by noncorrectional personnel by contract with the governing unit.  The employees shall meet the standards of training and education established by  the criminal justice training commission as authorized by RCW 43.101.080.  The special detention facility may use combinations of features including, but not limited to, low-security or honor prisoner status, work farm, work release, community review, prisoner facility maintenance and food preparation, training programs, or alcohol or drug rehabilitation programs((, with or without cost to the prisoners)).  Special detention facilities may establish a reasonable fee schedule to cover the cost of facility housing and programs.  The schedule shall be on a sliding basis that reflects the person's ability to pay.