FINAL BILL REPORT

HB 1272

                                  C 149 L 88

BYRepresentatives H. Sommers, Hankins and Crane;by request of Department of Corrections

Revising department of corrections employee assault benefits.

House Committe on State Government

Senate Committee on Health Care & Corrections

SYNOPSIS AS ENACTED

BACKGROUND:

In 1984 the Legislature created a supplementary program to partially reimburse employees of state correctional institutions who miss work as a result of being victims of inmate assaults.

Reimbursement may be made under this program only if the Secretary of the Department of Corrections or the Secretary's designee believes the employee's absence is justified.  In addition, the Secretary or the Secretary's designee must find that:  the employee was assaulted and received injuries requiring the employee to miss days of work; and the assault was not a result of the employee's negligence, misconduct or failure to comply with the conditions or rules of employment.  The reimbursement authorized under this program is to be available for not more than one year.

In 1986 and 1987 this same reimbursement program was extended to institutional care employees of the Department of Social and Health Services and the Department of Veterans Affairs respectively.

As of January, 1988 3,426 employees of correctional institutions are covered by the 1984 supplemental reimbursement program.  During the period of 1984 through 1987 there were 57 requests for reimbursement under this program, of which 51 requests were granted.  These 51 requests accounted for a total of 1,406 days missed from work and a cost to the Department of Corrections of approximately $45,000. (workers' compensation covers approximately 60 percent of the employees' salaries.  The Department of Corrections' costs represent the remaining 40 percent.)

The Department of Corrections currently has 448 employees working in community corrections offices.  Since 1981 the Department reports five incidents in which an employee of a community corrections office was assaulted while performing official duties.  Only one of these five incidents resulted in the employee losing time from work.

Employees of community corrections offices are not covered under the 1984 supplemental reimbursement program because they do not work in correctional institutions.

SUMMARY:

The supplemental reimbursement program for employees of correctional institutions who are assaulted on the job is extended to cover employees of community corrections offices who are assaulted by offenders.

The supplemental reimbursement provided by this program is to conform to the following:

(1) The agency may not require the employee to use sick leave for the days missed;

(2) The employee is to receive full pay for those days for which the employee is not eligible for workers' compensation;

(3) For those days for which the employee is eligible for workers' compensation, the employee is to be reimbursed in an amount which, when added to the workers' compensation, will allow the employee to receive full pay; and

(4) The employee will not be eligible for reimbursement if the employee does not diligently pursue workers' compensation benefits.

Offender is defined as an inmate, an offender as defined under the Sentencing Reform Act or any other person in the custody of or under the jurisdiction of the Department of Corrections.  This definition includes residents of correctional institutions as well as persons under the jurisdiction of community corrections offices.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    48     0

EFFECTIVE:June 9, 1988