(1) The secretary shall deduct taxes and legal financial
obligations from the gross wages, gratuities, or workers'
compensation benefits payable directly to the inmate under
chapter 51.32 RCW, of each inmate working in correctional
industries work programs, or otherwise receiving such wages,
gratuities, or benefits. The secretary shall also deduct child
support payments from the gratuities of each inmate working in
class II through class IV correctional industries work programs.
The secretary shall develop a formula for the distribution of
offender wages, gratuities, and benefits. The formula shall not
reduce the inmate account below the indigency level, as defined
in RCW 72.09.015.
(a) The formula shall include the following minimum
deductions from class I gross wages and from all others earning
at least minimum wage:
(i) Five percent to the public safety and education account
for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Twenty percent to the department to contribute to the
cost of incarceration; and
(iv) Twenty percent for payment of legal financial
obligations for all inmates who have legal financial obligations
owing in any Washington state superior court.
(b) The formula shall include the following minimum
deductions from class II gross gratuities:
(i) Five percent to the public safety and education account
for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Fifteen percent to the department to contribute to the
cost of incarceration;
(iv) Twenty percent for payment of legal financial
obligations for all inmates who have legal financial obligations
owing in any Washington state superior court; and
(v) Fifteen percent for any child support owed under a
support order.
(c) The formula shall include the following minimum
deductions from any workers' compensation benefits paid pursuant
to RCW 51.32.080:
(i) Five percent to the public safety and education account
for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings
account;
(iii) Twenty percent to the department to contribute to the
cost of incarceration; and
(iv) An amount equal to any legal financial obligations owed
by the inmate established by an order of any Washington state
superior court up to the total amount of the award.
(d) The formula shall include the following minimum
deductions from class III gratuities:
(i) Five percent for the purpose of crime victims'
compensation; and
(ii) Fifteen percent for any child support owed under a
support order.
(e) The formula shall include the following minimum
deduction from class IV gross gratuities:
(i) Five percent to the department to contribute to the cost
of incarceration; and
(ii) Fifteen percent for any child support owed under a
support order.
(2) Any person sentenced to life imprisonment without
possibility of release or parole under chapter 10.95 RCW or
sentenced to death shall be exempt from the requirement under
subsection (1)(a)(ii), (b)(ii), or (c)(ii).
(3)(a) The department personal inmate savings account,
together with any accrued interest, shall only be available to an
inmate at the following times:
(i) The time of his or her release from confinement;
(ii) Prior to his or her release from confinement in order
to secure approved housing; or
(iii) When the secretary determines that an emergency exists
for the inmate.
(b) If funds are made available pursuant to (a)(ii) or (iii)
of this subsection, the funds shall be made available to the
inmate in an amount determined by the secretary.
(c) The management of classes I, II, and IV correctional
industries may establish an incentive payment for offender
workers based on productivity criteria. This incentive shall be
paid separately from the hourly wage/gratuity rate and shall not
be subject to the specified deduction for cost of incarceration.
(4)(a) Subject to availability of funds for the correctional
industries program, the expansion of inmate employment in class I
and class II correctional industries shall be implemented
according to the following schedule:
(i) Not later than June 30, 2005, the secretary shall
achieve a net increase of at least two hundred in the number of
inmates employed in class I or class II correctional industries
work programs above the number so employed on June 30, 2003;
(ii) Not later than June 30, 2006, the secretary shall
achieve a net increase of at least four hundred in the number of
inmates employed in class I or class II correctional industries
work programs above the number so employed on June 30, 2003;
(iii) Not later than June 30, 2007, the secretary shall
achieve a net increase of at least six hundred in the number of
inmates employed in class I or class II correctional industries
work programs above the number so employed on June 30, 2003;
(iv) Not later than June 30, 2008, the secretary shall
achieve a net increase of at least nine hundred in the number of
inmates employed in class I or class II correctional industries
work programs above the number so employed on June 30, 2003;
(v) Not later than June 30, 2009, the secretary shall
achieve a net increase of at least one thousand two hundred in
the number of inmates employed in class I or class II
correctional industries work programs above the number so
employed on June 30, 2003;
(vi) Not later than June 30, 2010, the secretary shall
achieve a net increase of at least one thousand five hundred in
the number of inmates employed in class I or class II
correctional industries work programs above the number so
employed on June 30, 2003.
(b) Failure to comply with the schedule in this subsection
does not create a private right of action.
(5) In the event that the offender worker's wages, gratuity,
or workers' compensation benefit is subject to garnishment for
support enforcement, the crime victims' compensation, savings,
and cost of incarceration deductions shall be calculated on the
net wages after taxes, legal financial obligations, and
garnishment.
(6) The department shall explore other methods of recovering
a portion of the cost of the inmate's incarceration and for
encouraging participation in work programs, including development
of incentive programs that offer inmates benefits and amenities
paid for only from wages earned while working in a correctional
industries work program.
(7) The department shall develop the necessary
administrative structure to recover inmates' wages and keep
records of the amount inmates pay for the costs of incarceration
and amenities. All funds deducted from inmate wages under
subsection (1) of this section for the purpose of contributions
to the cost of incarceration shall be deposited in a dedicated
fund with the department and shall be used only for the purpose
of enhancing and maintaining correctional industries work
programs.
(8) It shall be in the discretion of the secretary to
apportion the inmates between class I and class II depending on
available contracts and resources.
(9) 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.
[2007 c 483 § 605; 2004 c 167 § 7. Prior: 2003 c 379 § 25; 2003 c 271 § 2; 2002 c 126 § 2; 1999 c 325 § 2; 1994 sp.s. c 7 § 534; 1993 sp.s. c 20 § 2.]
NOTES:
Finding -- Intent -- 2007 c 483: See note following RCW 35.82.340.
Findings -- Part headings not law -- Severability -- 2007 c 483: See RCW 72.78.005, 72.78.900, and 72.78.901.
Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.
Intent -- Purpose -- 2003 c 379 §§ 13-27: See note following RCW 9.94A.760.
Effective date -- 1994 sp.s. c 7 § 534: "Section 534 of this act shall take effect June 30, 1994." [1994 sp.s. c 7 § 536.]
Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date -- 1993 sp.s. c 20 § 2: "Section 2 of this act shall take effect June 30, 1994." [1993 sp.s. c 20 § 10.]
Severability -- 1993 sp.s. c 20: See note following RCW 43.19.534.