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H-2639.1 _______________________________________________

SECOND SUBSTITUTE HOUSE BILL 2010

_______________________________________________

State of Washington 54th Legislature 1995 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, Quall, Sherstad, Chandler, Schoesler, Radcliff and Blanton)

Read first time 03/24/95.

AN ACT Relating to corrections; amending RCW 72.09.135, 72.09.130, 4.24.130, 72.10.020, 72.09.111, 9.94A.137, 72.09.070, 72.10.030, and 43.17.200; adding new sections to chapter 72.09 RCW; adding a new section to chapter 9.94A RCW; creating new sections; and declaring an emergency.

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

{+ NEW SECTION. +} Sec. 1. The legislature finds that increasing crime, a burgeoning inmate population, and the upwardly spiraling cost of building, maintaining, and operating our state's prisons have created an urgent need to enact decisive new and stringent methods for controlling the high cost of corrections. The legislature further finds that the public has clearly demanded that every effort be made to rid our streets of crime and that criminals be dealt with decisively and firmly. At the same time, the public has also let it be known that their tax dollars must be spent efficiently and that their investment in expensive prisons buy safety for them and their families now and in the future. To this end, the legislature insists that cost- efficiencies in corrections must be implemented at every level and in every aspect of the correctional system. Most importantly, however, is the need to develop and implement a long-range corrections cost- efficiency strategy that has as its foremost goal the investment in a corrections management philosophy that will effectively lower the high number of inmates recycled though our prisons. The legislature believes that by implementing a corrections management philosophy that mirrors the incentives, goals, morals, and values that guide our society and its law-abiding citizens, offenders will be less likely to reoffend and public expectations of criminals receiving their just desserts can be realized. The focus of this corrections management philosophy is accountability and responsibility, both for the prison inmates and also for the public servants charged with running our correctional institutions. The responsibility for criminal activity should fall squarely on the criminal. Society should not have to pay the price for crimes twice, once for the criminal activities and again by feeding them, clothing them, and housing them, often in a fashion better than law-abiding, working families in the community. By perpetuating the current corrections philosophy we are making offenders less responsible rather than more responsible. The corrections system should be the first place criminals are given the opportunity to be responsible for paying for their criminal act, not just through the loss of their freedom, but by contributing to the actual cost of their crime and for the cost of incarceration. In a responsibility-based corrections system, inmates should be expected to participate in real and meaningful work experiences that teach marketable skills and instill the work values and ethics that are the backbone of our society, both for the benefit of society and for the offender. Privileges inside the prison should not be just provided to prisoners and used like free penological pacifiers. Instead, inmates must be motivated to work, learn, and then earn basic privileges. It is the intent of the legislature to expect all prison inmates to be made more accountable and responsible by working, learning basic skills, contributing to the cost of their incarceration, developing meaningful work values and experiences, and gaining valuable job readiness skills that will translate into work opportunities outside of prison. It is also the intent of the legislature to expect the department of corrections to also be made more accountable and responsible by adopting a corrections management philosophy that is vested in the goals of responsibility and accountability and continuing to uphold a high standard of public safety, maintaining drug-free corrections facilities, effectively reducing recidivism, and significantly controlling the rising cost of corrections.

Sec. 2. RCW 72.09.135 and 1987 c 462 s 15 are each amended to read as follows:

{+ (1) +} The department of corrections shall, no later than July 1, 1987, adopt standards for the operation of state adult correctional facilities. These standards shall be the minimums necessary to meet federal and state constitutional requirements relating to health, safety, and welfare of inmates and staff, and specific state and federal statutory requirements, and to provide for the public's health, safety, and welfare. The need for each standard shall be documented.

{+ (2)(a) The secretary shall establish, as part of the standards for correctional facilities, policies on inmate basic education and inmate work. As part of these standards, the secretary shall require all inmates either to work in a correctional industries job or participate in an educational program, or both, to the extent that such jobs or programs are available.

(b) The standards established under (a) of this subsection shall not apply to inmates who are confined to a segregation unit, in protective custody, on death row, in sex offender treatment or special mental health treatment, or committed to the illegal alien offender transition camp.

(c) The standards established under (a) of this subsection shall not apply to inmates who have physical or mental impairments or conditions that would prevent them from participating in work or education, as determined by the department.

(d) Inmates in protective custody shall be provided educational opportunities consistent with this section, to the extent possible.

(3) The standards established on inmate basic education and work days under subsection (2) of this section shall include, but are not limited to, the following standards:

(a) The department shall assess all inmates for literacy level and basic academic skills within thirty days of the inmate's commitment to the department.

(b) Inmates whose reading skills are assessed as below the eighth grade level shall, subject to availability of jobs and educational programs:

(i) Participate half-time in an academic program that emphasizes language, arithmetic, and cognitive proficiency; and

(ii) Participate half-time in a correctional industries job.

(c) Offenders whose reading skills at commitment or thereafter are assessed at or above the eighth grade level shall work a full work day in a correctional industries job, if such jobs are available. If a correctional industries job is not available, and the inmate does not have a general equivalency degree or a high school diploma, the inmate shall attend general equivalency degree classes, if such classes are available, until the inmate attains a general equivalency degree or a job becomes available, whichever comes first.

(d) If an inmate has a high school diploma or a general equivalency degree, and if no job is available, the inmate may participate in vocational training, if such training is available.

(e) Inmates shall pay a portion of the costs of participating in community college vocational programs, including books, tuition, and fees. The department shall determine the appropriate percentage that inmates are to pay. The tuition of any other higher education programs shall be paid entirely by the inmate.

(f) Inmates serving a life sentence shall not be required to comply with the educational standards established under (a) through (d) of this subsection. Inmates serving a life sentence shall not receive more than one associate or baccalaureate degree, and they shall not participate in additional associate or baccalaureate degree programs after having earned such a degree. If an inmate serving a life sentence requires vocational training for correctional industries employment as determined by the department, he or she may participate in such training.

(g) All vocational training must be relevant either to the correctional industries jobs offered in the institution, or to job skills needed to qualify for employment upon the inmate's release, or both, to the extent possible.

(4) The standards established under subsection (2) of this section shall provide that inmates who refuse to participate in available work or education programs shall lose inmate privileges, including but not limited to family visitation, use of individual televisions, and use of recreational equipment.

(5)(a) By July 1, 1996, the department shall provide, subject to available funding, the educational programs required by subsection (3)(b) of this section to no less than twenty-five percent of the inmates who meet the criteria of subsection (3)(b) of this section.

(b) By July 1, 1997, the department shall provide, subject to available funding, the educational programs required by subsection (3)(b) of this section to no less than fifty percent of the inmates who meet the criteria of subsection (3)(b) of this section.

(c) By July 1, 1998, the department shall provide, subject to available funding, the educational programs required by subsection (3)(b) of this section to no less than seventy-five percent of the inmates who meet the criteria of subsection (3)(b) of this section.

(d) By July 1, 1999, the department shall provide, subject to available funding, the educational programs required by subsection (3)(b) of this section to all of the inmates who meet the criteria of subsection (3)(b) of this section.

(6) The education administrator for the department shall review all vocational training programs annually to insure to the extent possible that the programs are relevant to the correctional industries jobs, or to skills needed to qualify for employment after the inmate's release, or both.

(7) The education administrator for the department shall develop an education cost-efficiency plan for the department, consistent with the terms of chapter . . ., Laws of 1995 (this act) that reduces the use of live instructors, and includes distance learning, using interactive satellite instruction, video tapes, computer-aided instruction, and flexible scheduling that permits offenders to proceed at their own pace. The department shall report to the appropriate committees of the legislature by December 12, 1995, on the progress of this education cost-efficiency plan. +}

Sec. 3. RCW 72.09.130 and 1981 c 136 s 17 are each amended to read as follows:

The department shall adopt a system providing incentives for good conduct and disincentives for poor conduct. The system may include increases or decreases in the degree of liberty granted the inmate within the programs operated by the department and recommended increases or decreases in the number of earned early release days that an inmate can earn for good conduct and good performance. Earned early release days shall be recommended by the department as a form of tangible reward for accomplishment. The system shall be fair, measurable, and understandable to offenders, staff, and the public. At least once in each twelve-month period, the department shall inform the offender in writing as to his or her conduct and performance. This written evaluation shall include reasons for awarding or not awarding recommended earned early release days for good conduct and good performance. The term "good performance" as used in this section means successfully performing a work, work training, or educational task to levels of expectation as specified in writing by the department. {+ Inmates shall not receive earned early release days for "good performance" for any time during which the offender is required to participate in available work or educational programs by RCW 72.09.135 and the offender refuses to do so. +} The term "good conduct" as used in this section refers to compliance with department rules.

Within one year after July 1, 1981, the department shall adopt, and provide a written description of, the system. The department shall provide a copy of this description to each offender in its custody.

{+ NEW SECTION. +} Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:

(1)(a) All obscene, erotic, sexually explicit, or excessively violent films, video tapes, magazines, books, or computer software shall be prohibited from all department correctional facilities. These materials shall be considered contraband and shall be removed from the inmate's mail, possession, and cells. The department shall be responsible for uniformly establishing which materials are to be considered contraband and removed in accordance with legitimate and justifiable penological interests. This standard shall be uniformly applicable throughout all department prison facilities. The department shall screen all inmate mail and disapprove inmate mail the department determines to be obscene, sexually explicit, erotic, or excessively violent.

(b) Materials forbidden by (a) of this subsection shall be permitted only for their use in treatment or therapy sessions as prescribed by a physician or certified therapist under the direction of the department.

(c) As used in this subsection:

(i) "Excessive violence" means sexual and/or physical violence that is considered by the department to exceed what is proper, normal, or reasonable taking into account the penological objectives of the prison.

(ii) "Obscene" means material that, when taken as a whole, appeals to prurient interests, and contains patently offensive depictions or descriptions of sexual conduct and, taken as a whole, has no serious literary, artistic, political, or scientific value or that is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters or sadomasochistic abuse, and is utterly without redeeming social value. Both offensiveness and an appeal to something other than normal healthy sexual desires are essential elements of obscenity.

(iii) "Sexually explicit" means depiction of one of the following sexual behaviors:

(A) Where one of the participants in the act is, or appears to be, nonconsenting;

(B) Where one of the participants appears to be forceful, threatening, or violent; (C) Where one of the partners is dominating one of the other participants, and one of the individuals is obviously in a submissive role, or one of the participants is degraded, humiliated, or willingly engages in behavior that is degrading or humiliating;

(D) Where any bodily excretory function is depicted;

(E) Where there is actual sexual penetration;

(F) One of the participants is a child, or appears to be a child;

(G) Bestiality, sadomasochistic behavior, or bondage;

(H) Any sexual behaviors deemed by the department to be a threat to legitimate penological objectives.

(iv) "Erotic" means erotic as defined by the department in compliance with law, taking into consideration the legitimate penological objectives of the department.

(2)(a) No new department correctional facility or expanded portions of existing department correctional facilities shall be constructed with cable, closed circuit, or satellite television readiness unless the department has a written basic education and technical vocational training plan for the facility and the plan clearly demonstrates how the television systems will be used for educational and training purposes. The educational and training plan shall contain a curriculum outline and goals for preparing inmates with the basic knowledge, life skills, work ethic, job skills, and technical abilities to function effectively in a real world work environment. The television education and training plan shall correspond to the education and training that is applicable to the correctional industries jobs that are expected to be implemented at the new facility. All programming conducted on the television system shall comply with subsection (1) of this section.

(b)(i) An inmate shall not receive individual television privileges unless he or she is working in a correctional industries job or is participating in a department-approved education program. This restriction shall not apply if no job or educational program is available. Inmates who are exempt from the work and education requirements of RCW 72.09.135 may be allowed personal televisions as determined by the department.

(ii) An inmate shall not receive individual television privileges until two months have elapsed since the beginning of his or her current commitment to the department.

(c) All maintenance and fees associated with cable, closed circuit, or satellite television shall be paid for by inmates. This restriction does not apply to educational programming under (a) of this subsection.

(d) This subsection does not apply to closed circuit television used by the department for security purposes by correctional employees.

(3)(a)(i) An inmate shall not participate in recreational weight lifting unless the inmate is in good standing with the department, as determined by the department, and is either employed in a correctional industries job or an educational program. This subsection (3)(a)(i) does not apply to inmates who have physical or mental impairments or conditions that exempt them from the work and education requirements of RCW 72.09.135. This subsection (3)(a)(i) also does not apply if no jobs or educational programs are available.

(ii) No inmate found guilty of assaulting a correctional officer or other inmate may participate in weight lifting.

(iii) Recreational options provided by the department shall, to the extent possible, minimize the inmates' ability to increase muscle mass substantially. Dietary supplements made for the sole purpose of increasing muscle mass shall not be available for purchase to inmates unless prescribed by a physician for medical purposes.

(b)(i) An inmate shall not be allowed to use recreational facilities or recreational equipment for recreational purposes unless the inmate is employed in a correctional industries job or is participating in a department-approved educational program. For purposes of this subsection, "recreational purposes" includes but is not limited to baseball, softball, volleyball, tennis, pickleball, hockey, soccer, or other group sports activities, and hobby and crafts shops. This subsection (3)(b)(i) does not apply to: Inmates for whom no jobs or educational programs are available and inmates who have a mental or physical impairment that exempts them from the work and requirements of RCW 72.09.135, as determined by the department.

(ii) The department shall use inmate welfare funds to pay for all recreational equipment and supplies. (iii) All inmates shall be allowed access to appropriate recreational yards or gymnasiums for general personal exercise as directed by the department and in compliance with state and federal law.

(4)(a) An inmate is indigent if the inmate has less than ten dollars of disposable income in his or her offender's institution account for a period of forty days. Provision shall be made for inmates who are transferred between facilities and for the first forty days of incarceration, to account for funds in the offender's institution account.

(b) The department shall provide essential personal items to indigent inmates only. Essential personal items shall include soap, razors, combs, toothbrushes, toothpaste, sanitary napkins, or other personal items defined by the department in compliance with federal regulations. Inmates shall be required to use the personal item provided by the department in a prudent fashion in accord with the normal use, expected normal wear, and function of the items.

(c) Inmates shall not receive more than seventy-five dollars per month in their offender's institution account from outside the prison.

Part 2 of this Law


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