www.strengthtech.com


WASHINGTON BILL 2010 PART 2

AS INTRODUCED 24 MARCH 1995

(5) The department may implement a family visitation program that allows visiting between eligible inmates and their eligible immediate family member or members for the sole purpose of maintaining and promoting functional and cohesive family relationships. The requirements of this subsection apply to any program of family visitation implemented by the department.

(a) Family visits shall occur no more often than once every thirty days. The maximum time allowed for each family visit shall be forty- eight hours.

(b) An inmate shall be ineligible for the family visitation program until twelve months have elapsed since his or her arrival at the department facility on a current commitment of three years or more, or six months have elapsed if the current commitment is less than three years.

(c) Inmates who fail to participate in an available correctional industries work program or an available department-approved educational program are ineligible for the family visitation program. This requirement does not apply to inmates who have mental or physical disabilities or conditions that exempt them from the work and education standards set forth in RCW 72.09.135, as determined by the department. This requirement does not apply if no job or educational program is available to the inmate.

(d) The following inmates are prohibited from participating in the family visitation program: Maximum custody inmates; close custody inmates; death row inmates; inmates housed in disciplinary or administrative segregation or prehearing confinement; inmates who have been found guilty of a serious infraction, as defined by the department, within the previous five years.

(e) The department shall establish other eligibility guidelines based on inmate conduct and infractions. The department shall exclude any offender who has been determined by the department to be a danger to himself or herself, visitor or visitors, or the orderly operation of the program; has a prior criminal history of spousal or child abuse; is being treated for a condition that may be adversely affected; or has mental health disorders based on a psychological assessment that indicates the offender could pose a danger to others. The determination to exclude an inmate from participation from the program shall also be based on, but not limited to, the inmate's crime or prior criminal behavior.

(f) An inmate with a history of any sex offense involving children shall not be allowed family visitation with children. (g)(i) The department shall exclude from participating in the family visitation program an inmate's immediate family members who are on juvenile or adult parole, probation, community supervision, community placement, work release; who are the subject of a pending felony criminal or drug-related action; or who are under the jurisdiction of the department.

(ii) The department may also deny eligibility to an immediate family member who is a former inmate released under the sentencing reform act or who has been convicted of a drug-related crime.

(iii) Children under the age of eighteen are eligible only if they are accompanied and supervised by an adult visitor during the entire visit. (h) The secretary of the department or his or her designee shall have the ability to approve, deny, suspend, or terminate a family visit.

(i) All family visitation shall be conducted within the prison campus. The department shall establish the location, size, and design of family visiting units and develop written regulations and procedures consistent with this chapter that ensure the safety of visitors, promote healthy family values, and maintain the penological objectives of the prison.

(j) The department shall review all inmates' marriages that occurred before July 1, 1995, and shall permit an inmate's spouse to participate in family visits only if the department determines that the spouse's behavior complies with the requirements of this subsection.

(k) All operational, maintenance, and new construction costs for the family visitation program shall be paid by inmates.

(l) For purposes of this subsection:

(i) "Immediate family" means an inmate's parents, stepparents, grandparents, legally married spouse of the opposite sex of the inmate at the time of the inmate's conviction, siblings, children, and stepchildren.

(ii) "Child" means the natural or adopted child of both the inmate and his or her spouse, or of the inmate or the spouse. However, if one inmate adopts another inmate, the department shall not grant family visitation based upon the adoptive relationship.

Sec. 5. RCW 4.24.130 and 1992 c 30 s 1 are each amended to read as follows:

{+ (1) +} Any person desiring a change of his or her name or that of his or her child or ward, may apply therefor to the district court of the judicial district in which he or she resides, by petition setting forth the reasons for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former.

{+ (2) No person committed to a department of corrections facility at the time of application shall be granted an order under this section to change his or her name if doing so will interfere with legitimate penological goals. Name changes required for religious reasons or in recognition of marriage shall be allowed. However, the department of corrections may require the inmate, while incarcerated in a department of corrections facility, to also use the name used at the time of commitment.

(3) +} The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor.

Sec. 6. RCW 72.10.020 and 1989 c 157 s 3 are each amended to read as follows:

{+ (1) +} The department may develop and implement a health services plan for the delivery of health care services to (({- inmates -})) {+ offenders +} in the department's (({- custody -})) {+ correctional facilities +}, at the discretion of the secretary{+ , and in conformity with state and federal law.

(2) To discourage the unwarranted use of health care services, all offenders shall participate in the costs of health care services by paying no less than three dollars per health visit. Pursuant to the authority granted in chapter 34.05 RCW, the secretary may collect this amount for health care services directly from an offender's institution account.

(3) Inmates are required to make copayments under subsection (2) of this section for health care services that are offender initiated. Inmates are not required to pay for emergency treatment or for visits initiated by health care staff or treatment of those conditions that constitute a serious health care need.

(4) Inmates shall be required to purchase all over-the-counter medications at a nominal charge. Over-the-counter medicines shall only be available on an individual unit dose basis as determined by the department and may be distributed through the inmate store.

(5) No inmate shall be denied any health care service, including over-the-counter medications, because of inability to pay.

(6) The department shall adopt rules to implement this section +}.

Sec. 7. RCW 72.09.111 and 1994 sp.s. c 7 s 534 are each amended to read as follows:

(1) The secretary shall deduct from the gross wages or gratuities of each inmate working in correctional industries work programs, taxes and legal financial obligations. The secretary shall develop a formula for the distribution of offender wages and gratuities.

(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 -})) {+ Ten +} 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; and

(iii) Twenty percent to the department to contribute to the cost of incarceration.

(b) The formula shall include the following minimum deductions from class II gross gratuities:

(i) (({- Five -})) {+ Ten +} 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; and

(iii) Fifteen percent to the department to contribute to the cost of incarceration.

(c) The formula shall include the following minimum deduction from class IV gross gratuities:

{+ (i) Ten percent to the public safety and education account for the purpose of crime victims' compensation; and

(ii) +} Five percent to the department to contribute to the cost of incarceration.

(d) The formula shall include the following minimum deductions from class III gratuities: (({- Five -})) {+ Ten +} percent {+ to the public safety and education account +} for the purpose of crime victims' compensation.

Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection.

The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. 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.

In the event that the offender worker's wages or gratuity 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.

(2) 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.

(3) 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 until December 31, 2000, and thereafter all such funds shall be deposited in the general fund.

(4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

(a) Not later than June 30, 1995, 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, 1994;

(b) Not later than June 30, 1996, 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, 1994;

(c) Not later than June 30, 1997, 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, 1994;

(d) Not later than June 30, 1998, 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, 1994; (e) Not later than June 30, 1999, 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, 1994;

(f) Not later than June 30, 2000, 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, 1994.

(5) 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.

{+ (6) The department shall develop job performance standards for each correctional industries job and remove offenders from the job if his or her job performance does not meet performance standards. Offender employees shall be provided job performance standards prior to being placed in a correctional industries job. +}

Sec. 8. RCW 9.94A.137 and 1993 c 338 s 4 are each amended to read as follows:

(1){+ (a) +} An offender is eligible to be sentenced to a work ethic camp if the offender:

(({- (a) -})) {+ (i) +} Is sentenced to a term of total confinement of not less than (({- twenty-two -})) {+ twenty +} months or more than thirty-six months;

(({- (b) -})) {+ (ii) +} Is (({- between the ages of -})) eighteen (({- and twenty-eight -})) years {+ of age or older +}; and

(({- (c) -})) {+ (iii) +} Has no current or prior convictions for any sex offenses or {+ for +} violent offenses.

{+ (b) The sentencing court may consider an offender eligible to be sentenced to a work ethic camp if the offender meets the conditions set forth in (a) of this subsection and is or has been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 and after a complete review of his or her criminal history has been conducted and approved by the sentencing judge and upon further approval by the department in accordance with all other terms and conditions of this section.

(c) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program. +}

(2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp. The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement. The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement. {+ The department may identify offenders who are eligible for the work ethic camp and, with concurrence from the sentencing judge, may refer the offender to the work ethic camp and adjust time served and community custody requirements as prescribed in this section. +}

(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless {+ (a) +} the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, {+ (b) the department determines that the offender's custody level prevents placement in the program, +} or {+ (c) +} the offender refuses to agree to the terms and conditions of the program.

(4) An inmate who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.

(5) (({- The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program. (6) -})) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.

{+ NEW SECTION. +} Sec. 9. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department shall establish an illegal alien offender transition camp. The secretary shall locate the illegal alien offender transition camp within an already existing department compound or facility. The facility selected for the camp shall appropriately accommodate the logistical and cost-effective objectives contained in RCW 72.09.400 through 72.09.420 and 9.94A.137. The department shall be ready to assign inmates to the camp no later than July 1, 1996.

(2) The department shall develop all aspects of the illegal alien offender transition camp program including, but not limited to, program standards, conduct standards, individual and team work goals, and measures to hold the offender accountable for his or her behavior. The secretary shall define successful completion of the program, based on successful attendance, participation, and performance. The illegal alien offender transition camp shall be designed and implemented so that offenders are engaged in meaningful work activities and unstructured time is kept to a minimum. The standards for work performance, physical work activities, and treatment of offenders' rights and responsibilities shall be equivalent to those of the work ethic camp for general inmates.

(3) The department shall, to the extent possible, staff the illegal alien offender transition camp with personnel that speak and understand the native language of the majority of the illegal offenders sentenced to the illegal alien offender transition camp.

{+ NEW SECTION. +} Sec. 10. A new section is added to chapter 9.94A RCW to read as follows:

(1)(a) An offender is eligible to be sentenced to an illegal alien offender transition camp if the offender:

(i) Is an illegal alien who can be released to the United States immigration and naturalization service for deportation at the time of the offender's release from the camp;

(ii) Is sentenced to a term of total confinement of not less than twelve months and a day or more than thirty-six months;

(iii) Is eighteen years of age or older; and

(iv) Has no current or prior convictions for any sex offenses or violent offenses.

(b) If the offender meets the criteria set forth in (a) of this subsection, the sentencing court shall consider an offender eligible to be sentenced to an illegal alien offender transition camp if the offender is or has been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 and after a complete review of his or her criminal history has been conducted and approved by the sentencing judge and upon further approval by the department in accordance with all other terms and conditions of this section.

(c) If the alien offender meets all of the eligibility requirements for the illegal alien offender transition camp and agrees in writing as required by subsection (5) of this section to the terms and conditions for participation, the sentencing judge shall consider this sentencing option first.

(2) The length of the illegal alien offender transition camp program shall be at least sixty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

(3) The department may identify offenders who are eligible for the illegal alien offender transition camp and, with concurrence from the sentencing judge, may refer the offender to the illegal alien offender transition camp and adjust time served and community custody requirements as prescribed in this section.

(4) Offenders who successfully complete the illegal alien offender transition camp shall be immediately turned over to the custody of the immigration and naturalization services to be deported to his or her native country. If this transfer cannot immediately occur, the alien offender released from the illegal alien offender transition camp shall be held by the department until immigration and naturalization services can take custody of the alien offender or for a period of up to ten days after the expected release date, whichever is shorter. The department shall notify immigration and naturalization services of all illegal alien offenders and request that they begin any deportation proceedings as expeditiously as possible after the date the offender was convicted and secure a hard detainer and a deportation order. The department shall work to obtain the cooperation of the immigration and naturalization judges to hold accelerated hearings for incarcerated criminal aliens as soon as they enter the prison to ensure their immediate removal from the country upon their release by the department.

(5) All illegal alien offenders eligible for the illegal alien offender transition camp sentencing option shall be informed by the sentencing court or the department of their possible sentencing options. The illegal alien offender must agree in writing to the terms and conditions of the illegal alien offender transition camp at the time of sentencing or at the time of transfer to the camp. The terms and conditions of the illegal alien offender transition camp shall be provided to the illegal alien offender, both verbally and in writing, in his or her native language.

Part 3 of this Law


Back to Washington Laws Menu

Back to State Laws Page

Back to Laws Menu

Back to Weight Lifting in Prisons Menu

Back to Strength Tech Home Page