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WASHINGTON BILL 2010 PART 3

AS INTRODUCED 24 MARCH 1995

{+ NEW SECTION. +} Sec. 11. The department of corrections shall provide quarterly reports during the 1995-97 biennium to the appropriate committees of the house of representatives and senate of the department's progress in receiving federal reimbursement for the incarceration costs of undocumented alien felons. The department shall provide the first quarterly report to the legislature on or before July 31, 1995. The department of corrections shall seek federal funding for the incarceration of undocumented felons and shall pursue amendments to the federal transfer treaty program to facilitate deportation of undocumented alien offenders to their home countries and specifically seek amendment of treaties which now require voluntary participation of the offender and loss of jurisdiction by the sending agency. The department shall ask the federal government to enforce the federal sanctions for alien reentry that allow alien offenders to have at least two prior felony convictions and at least two prior deportations before indictment for reentry is considered.

{+ NEW SECTION. +} Sec. 12. (1) The department of corrections shall review the staffing patterns of all corrections operations, excluding correctional industries, and implement cost-efficiencies by eliminating no less than twenty percent of management staff positions, including, but not limited to, assistant secretaries, assistants to the secretary, superintendents, associate superintendents, corrections managers, and unit supervisors.

(2) All recreational leader positions 2s, 3s, and 4s shall be reduced by fifty percent and the eliminated recreational leader positions shall not be replaced by department of corrections staff or intermittent employees. The supervision of recreational activities shall be conducted by the remaining recreational leaders with the assistance of inmates working in class III correctional industries positions.

(3) The secretary of corrections shall implement a system for reducing overtime by fifty percent of what was reported in the 1994 calendar year. The secretary of corrections shall report to the appropriate committees of the legislature quarterly beginning December 15, 1995, and ending January 8, 1997, on the implementation of reduction of overtime cost-efficiencies.

(4)(a) The legislative budget committee shall conduct a staffing ratio study of the department of corrections to assess the implementation of staff reductions mandated in this act. The report shall be submitted to appropriate committees of the house of representatives and the senate by December 12, 1995. If specific funding for the purpose of this subsection (4)(a) is not provided in the omnibus appropriations act, this section is null and void.

(b) The office of state auditor shall also conduct a program audit review of the department of corrections budget process and the department of corrections operating budget request to the governor for the 1995-1997 biennium. The audit shall investigate specific budget requests for items and identify if these items could be purchased at a lower cost than what was reported by the department and identify if inmate labor could have reasonably, safely, and effectively been used in the place of the requested item that was to be purchased. The report shall be submitted to appropriate committees of the house of representatives and the senate by December 12, 1995.

Sec. 13. RCW 72.09.070 and 1994 sp.s. c 7 s 535 are each amended to read as follows:

(1) There is created a correctional industries board of directors which shall have the composition provided in RCW 72.09.080. (2) Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and implement policy for correctional industries programs designed to:

(a) Offer inmates meaningful employment, work experience, and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon their release from custody;

(b) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;

(c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;

(d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;

(e) Develop and design correctional industries work programs; (f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the impact on in-state jobs and businesses.

(3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.

(4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.

(5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs. The secretary shall appoint the members of the committees.

Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.

(6) The board shall develop a strategic yearly marketing plan that shall be consistent with and work towards achieving the goals established in the six-year phased expansion of class I and class II correctional industries established in RCW 72.09.111. This marketing plan shall be presented to the appropriate committees of the legislature by January 17 of each calendar year until the goals set forth in RCW 72.09.111 are achieved.

{+ (7) The board shall review the feasibility of implementing the following correctional industries and report to the appropriate committees of the legislature by December 12, 1995, if these industries are, appropriate, feasible, and cost-effective to implement as required under this chapter:

(a) Use Airway Heights prison kitchen for an industrial cooks training program for offenders; and

(b) Use Airway Heights prison kitchen to prepare kosher meals for corrections facilities inside and outside the state of Washington;

(c) Use inmate work crews on any maintenance, construction, or repair of existing adult or juvenile corrections facilities;

(d) Establish a refuse recycle program that employs appropriate offenders outside the prison;

(e) In coordination with Washington State University implement a juvenile and adult corrections self-sufficiency agriculture program using adult inmate labor and department of corrections land. The board shall instruct the department to officially request an environmental impact waiver from the federal government to make modifications to farm land currently in use at McNeil Island to increase the yield; and

(f) Seek housing trust funds under chapter 43.185 RCW and other federal funds, to construct portable migrant farmworker housing using inmate work crews.

(8) The board shall review all current and newly recommended vocational education programs to insure that the curriculum corresponds to correctional jobs within the prisons.

(9) The board shall review the class I correctional industries program and suggest any incentives to attract additional industries. +}

{+ NEW SECTION. +} Sec. 14. A new section is added to chapter 72.09 RCW to read as follows:

The correctional industries board shall implement a plan that uses inmate work crews when feasible and practical on construction projects within the department and within the juvenile rehabilitation administration of the department of social and health services. The board shall report by January 1, 1996, to the appropriate committees of the legislature on the use of inmate work crews under this section.

The department shall be responsible for monitoring all inmates used for inmate work crew construction projects. Serious violent offenders or sex offenders shall not be allowed to work on any construction projects outside the confines of an existing prison facility. The department shall ensure that no adult offender is allowed to commingle with a juvenile offender during a construction job using inmate work crews in a juvenile facility. The department shall comply with all laws pertaining to adult offenders conducting legitimate work in juvenile correctional facilities.

{+ NEW SECTION. +} Sec. 15. A new section is added to chapter 72.09 RCW to read as follows:

The department shall consider perimeter security options, taking into consideration all available technologies, that do not include perimeter guard towers requiring personnel for all medium and maximum security correctional facilities designed and scheduled for construction by the department after December 12, 1996.

Sec. 16. RCW 72.10.030 and 1989 c 157 s 4 are each amended to read as follows:

(1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents as may be necessary to provide basic medical care to inmates. The contracts shall not cause the termination of classified employees of the department rendering the services at the time the contract is executed.

(2) In contracting for services, the secretary is authorized to provide for indemnification of health care practitioners who cannot obtain professional liability insurance through reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith performance or failure of performance of services on behalf of the department. The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees. {+ The Washington state health care authority shall contract with a private research company to conduct a review of the corrections medical system and assess the potential cost savings that could be realized by contracting all corrections medical services through a procurement process. The review shall be submitted to appropriate committees of the legislature by December 12, 1995. If the review indicates that the state can realize a savings through contracting for corrections medical services, the department may initiate a competitive bidding process for all corrections medical services. The review shall require that any contract for correctional medical services shall include contracted services using employees' wages set at no less than the existing department of corrections salary schedule. +}

{+ NEW SECTION. +} Sec. 17. The department of transportation shall review the department of corrections marine transportation operation and fleet and conduct a cost-efficiency analysis. The analysis shall include a cost analysis of privatizing the operation of the marine fleet or privatizing both the marine fleet and the operation, and a comparison of corrections state employee salaries with equivalent private marine positions salaries. The department of transportation shall report its findings to appropriate committees of the legislature by December 12, 1995.

{+ NEW SECTION. +} Sec. 18. The office of financial management in coordination with the department of corrections and the department of general administration shall conduct a cost-efficiency study using the food planning model developed by the department of corrections. The study shall investigate the potential cost savings that could be achieved by developing and implementing a state-wide food purchasing and distribution network for all state institutions, including but not limited to prisons, juvenile corrections facilities, and state hospitals. The purpose of the study is to identify possible cost- efficiencies that could be realized through uniform meal planning, coordination of bulk purchasing of food and food products, and systematic state-wide distribution of food and food products for all state institutions.

{+ NEW SECTION. +} Sec. 19. A new section is added to chapter 72.09 RCW to read as follows:

The department shall establish a corrections cost-efficiency and public safety focus group. The focus group shall be composed of one management representative from each correctional facility and one nonmanagement line staff member from each correctional facility to be chosen by a vote taken by the nonmanagement staff, and five members of the community including a prosecutor, a law enforcement officer, a public defender, a prison inmates family member chosen by the public defenders association, and a representative from a victims rights group chosen by the governor. The focus group shall meet quarterly and submit a report to the legislature by December 12 of each year. The report shall contain recommendations on methods for improving the operation of the corrections facilities, design suggestions on efficiencies for new prison construction, identifying specific cost- efficiencies in individual facilities and the corrections system in general, methods for impacting offender recidivism, and making the corrections system safer for employees and the public. The secretary shall provide such staff services, facilities, and equipment, as the focus group shall require to carry out its duties. Members of the cost-efficiency and public safety focus group shall serve on a voluntary basis and shall be reimbursed only for travel expenses and per diem under RCW 43.03.050 and 43.03.060. The focus group shall determine if further restrictions shall be imposed on weight lifting in department facilities in addition to those set forth in section 4(3) of this act.

{+ NEW SECTION. +} Sec. 20. A new section is added to chapter 72.09 RCW to read as follows:

(1) There is hereby created a joint committee on corrections cost- efficiencies oversight. The committee shall consist of: (a) Two members of the senate appointed by the president of the senate, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party; and (b) two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party. Members of the committee shall be appointed before the close of each regular session during an odd-numbered year.

(2) Each member's term of office shall run from the close of the session in which the member was appointed until the close of the next regular session held in an odd-numbered year. If a successor is not appointed during a session, the member's term shall continue until the member is reappointed or a successor is appointed. The term of office for a committee member who does not continue as a member of the senate or house of representatives shall cease upon the convening of the next session of the legislature during an odd-numbered year after the member's appointment, or upon the member's resignation, whichever is earlier. Vacancies on the committee shall be filled by appointment in the same manner as described in subsection (1) of this section. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.

(3) The committee shall elect a chair and a vice-chair. The chair shall be a member of the senate in even-numbered years and a member of the house of representatives in odd-numbered years.

(4) The committee shall have the following powers and duties:

(a) Oversee the implementation of chapter . . ., Laws of 1995 (this act) and related chapters of the Revised Code of Washington;

(b) Periodically make recommendations to the appropriate committees of the legislature and the governor regarding corrections cost- efficiencies;

(c) Oversee the compliance with other specified provisions of chapter . . ., Laws of 1995 (this act);

(d) Provide directions to appropriate committee staff to conduct or cause to be conducted appropriate studies and review; and make necessary recommendations to the legislature;

(e) Review rules prepared by the department of corrections and department of social and health services where appropriate to ensure consistency with the policies of chapter . . ., Laws of 1995 (this act);

(f) Review efficiency proposals for facilities for correctional industries to ensure that they emphasize employing a maximum number of inmates in correctional industries rather than using higher technology;

(g) Oversee all reports required under chapter . . ., Laws of 1995 (this act); and

(h) Oversee the corrections cost-efficiency and public safety oversight group.

(5) By December 12, 1996, the committee shall report to the appropriate committees of the legislature on the amount of cost savings realized in the department and report its further recommendation to address expenditure growth in the department of corrections.

(6) The joint committee on department of corrections cost- efficiencies oversight shall terminate on January 1, 1998.

{+ NEW SECTION. +} Sec. 21. A new section is added to chapter 72.09 RCW to read as follows:

Each of the industries operated under the correctional industries program shall be operated in conformity with all of the state and federal laws and rules that apply to a comparable industry in the private sector except with regard to: Taxation; matters related to labor organization or compensation for labor, including but not limited to unemployment compensation, industrial insurance, leave, and collective bargaining; and matters related to security and confinement.

In addition, the program's milk production facilities and milk processing facilities shall be operated as separate and distinct operations. The milk produced shall be marketed under the provisions applicable to producers under the federal milk marketing order of the United States department of agriculture, or a successor marketing arrangement, and a milk processing operation shall be regulated as a fully regulated handler under that order, or a successor marketing arrangement. The milk and milk products shall be consumed or used, to the greatest extent possible, within the state correctional system and milk surplus to such consumption or use may be sold to local correctional facilities. The milk or milk products may not be used in any other manner except that raw, bulk milk may be disposed of as prescribed in RCW 72.09.100 for surplus products.

Sec. 22. RCW 43.17.200 and 1983 c 204 s 4 are each amended to read as follows:

{+ (1) Except as provided in subsection (2) of this section, a +}ll state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art {+ created by Washington state artists +}. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses{+ , +} or other buildings of a temporary nature.

{+ (2) Subsection (1) of this section shall not apply to the construction of any facility under the control of the department of corrections and used for the incarceration, treatment, or rehabilitation of convicted persons, or any facility under the control of the department of social and health services and used for juvenile rehabilitation. +}

{+ NEW SECTION. +} Sec. 23. This act shall be known as the department of corrections cost-efficiency and inmate responsibility and accountability omnibus act.

{+ NEW SECTION. +} Sec. 24. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

{+ NEW SECTION. +} Sec. 25. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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