Work programs/incarceration

AN ACT Relating to work programs for incarcerated persons; 1
amending RCW 72.09.015, 72.09.100, 72.09.130, and 72.09.460; adding a 2
new section to chapter 72.09 RCW; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. This act may be known and cited as the 5
ending forced labor act.6
Sec. 2. RCW 72.09.015 and 2022 c 254 s 2 are each amended to 7
read as follows: 8
The definitions in this section apply throughout this chapter.9
(1) "Adult basic education" means education or instruction 10
designed to achieve general competence of skills in reading, writing, 11
and oral communication, including English as a second language and 12
preparation and testing services for obtaining a high school diploma 13
or a high school equivalency certificate as provided in RCW 14
28B.50.536. 15
(2) "Base level of correctional services" means the minimum level 16
of field services the department of corrections is required by 17
statute to provide for the supervision and monitoring of 18
((offenders)) incarcerated persons. 19
H-0429.1
HOUSE BILL 1233
State of Washington 69th Legislature 2025 Regular Session
By Representatives Simmons, Scott, Peterson, Davis, Ormsby, and Hill
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1233
(3) "Civil judgment for assault" means a civil judgment for 1
monetary damages awarded to a correctional officer or department 2
employee entered by a court of competent jurisdiction against an 3
((inmate)) incarcerated person that is based on, or arises from, 4
injury to the correctional officer or department employee caused by 5
the ((inmate)) incarcerated person while the correctional officer or 6
department employee was acting in the course and scope of his or her 7
employment. 8
(4) "Community custody" has the same meaning as that provided in 9
RCW 9.94A.030 and also includes community placement and community 10
supervision as defined in RCW 9.94B.020. 11
(5) "Contraband" means any object or communication the secretary 12
determines shall not be allowed to be: (a) Brought into; (b) 13
possessed while on the grounds of; or (c) sent from any institution 14
under the control of the secretary. 15
(6) "Correctional facility" means a facility or institution 16
operated directly or by contract by the secretary for the purposes of 17
incarcerating adults in total or partial confinement, as defined in 18
RCW 9.94A.030. 19
(7) "County" means a county or combination of counties.20
(8) "Department" means the department of corrections.21
(9) "Earned early release" means earned release as authorized by 22
RCW 9.94A.729. 23
(10) "Evidence-based" means a program or practice that has had 24
multiple-site random controlled trials across heterogeneous 25
populations demonstrating that the program or practice is effective 26
in reducing recidivism for the population. 27
(11) "Extended family visit" means an authorized visit between an 28
((inmate)) incarcerated person and a member of his or her immediate 29
family that occurs in a private visiting unit located at the 30
correctional facility where the ((inmate)) incarcerated person is 31
confined. 32
(12) "Good conduct" means compliance with department rules and 33
policies. 34
(13) "Good performance" means successful completion of a program 35
required by the department, including an education, work, or other 36
program. 37
(14) "Immediate family" means the ((inmate's)) incarcerated 38
person's children, stepchildren, grandchildren, great grandchildren, 39
parents, stepparents, grandparents, great grandparents, siblings, 40
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aunts, uncles, and a person legally married to or in a state 1
registered domestic partnership with an ((inmate)) incarcerated 2
person. "Immediate family" includes the immediate family of an 3
((inmate)) incarcerated person who was adopted as a child or an 4
adult, but does not include an ((inmate)) incarcerated person adopted 5
by another ((inmate)) incarcerated person. 6
(15) "Indigent inmate," "indigent incarcerated person," 7
"indigent," and "indigency" mean an ((inmate)) incarcerated person 8
who has less than a $25 balance of disposable income in his or her 9
institutional account on the day a request is made to utilize funds 10
and during the 30 days previous to the request. 11
(16) "Individual reentry plan" means the plan to prepare an 12
((offender)) incarcerated person for release into the community. It 13
should be developed collaboratively between the department and the 14
((offender)) person and based on an assessment of the ((offender)) 15
person using a standardized and comprehensive tool to identify the 16
((offender's)) person's risks and needs. The individual reentry plan 17
describes actions that should occur to prepare individual 18
((offenders)) incarcerated persons for release from prison or jail, 19
specifies the supervision and services they will experience in the 20
community, and describes ((an offender's )) a person's eventual 21
discharge to aftercare upon successful completion of supervision. An 22
individual reentry plan is updated throughout the period of ((an 23
offender's)) a person's incarceration and supervision to be relevant 24
to the ((offender's)) person's current needs and risks.25
(17) "Inmate," ((means)) "incarcerated individual," and 26
"incarcerated person" mean a person committed to the custody of the 27
department, including but not limited to persons residing in a 28
correctional institution or facility and persons released from such 29
facility on furlough, work release, or community custody, and persons 30
received from another state, state agency, county, federally 31
recognized tribe, or federal jurisdiction. 32
(18) "Labor" means the period of time before a birth during which 33
contractions are of sufficient frequency, intensity, and duration to 34
bring about effacement and progressive dilation of the cervix.35
(19) "Physical restraint" means the use of any bodily force or 36
physical intervention to control an ((offender)) incarcerated person 37
or limit an ((offender's)) incarcerated person's freedom of movement 38
in a way that does not involve a mechanical restraint. Physical 39
restraint does not include momentary periods of minimal physical 40
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restriction by direct person-to-person contact, without the aid of 1
mechanical restraint, accomplished with limited force and designed 2
to: 3
(a) Prevent an ((offender)) incarcerated person from completing 4
an act that would result in potential bodily harm to self or others 5
or damage property; 6
(b) Remove a disruptive ((offender)) incarcerated person who is 7
unwilling to leave the area voluntarily; or 8
(c) Guide an ((offender)) incarcerated person from one location 9
to another. 10
(20) "Postpartum recovery" means (a) the entire period a woman or 11
youth is in the hospital, birthing center, or clinic after giving 12
birth and (b) an additional time period, if any, a treating physician 13
determines is necessary for healing after the woman or youth leaves 14
the hospital, birthing center, or clinic. 15
(21) "Privilege" means any goods or services, education or work 16
programs, or earned early release days, the receipt of which are 17
directly linked to an ((inmate's)) incarcerated person's (a) good 18
conduct; and (b) good performance. Privileges do not include any 19
goods or services the department is required to provide under the 20
state or federal Constitution or under state or federal law.21
(22) "Promising practice" means a practice that presents, based 22
on preliminary information, potential for becoming a research -based 23
or consensus-based practice. 24
(23) "Research-based" means a program or practice that has some 25
research demonstrating effectiveness, but that does not yet meet the 26
standard of evidence-based practices. 27
(24) "Restraints" means anything used to control the movement of 28
a person's body or limbs and includes: 29
(a) Physical restraint; or 30
(b) Mechanical device including but not limited to: Metal 31
handcuffs, plastic ties, ankle restraints, leather cuffs, other 32
hospital-type restraints, tasers, or batons. 33
(25) "Secretary" means the secretary of corrections or his or her 34
designee. 35
(26) "Significant expansion" includes any expansion into a new 36
product line or service to the class I business that results from an 37
increase in benefits provided by the department, including a decrease 38
in labor costs, rent, or utility rates (for water, sewer, 39
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electricity, and disposal), an increase in work program space, tax 1
advantages, or other overhead costs. 2
(27) "Superintendent" means the superintendent of a correctional 3
facility under the jurisdiction of the Washington state department of 4
corrections, or his or her designee. 5
(28) "Transportation" means the conveying, by any means, of an 6
incarcerated pregnant woman or youth from the correctional facility 7
to another location from the moment she leaves the correctional 8
facility to the time of arrival at the other location, and includes 9
the escorting of the pregnant incarcerated woman or youth from the 10
correctional facility to a transport vehicle and from the vehicle to 11
the other location. 12
(29) "Unfair competition" means any net competitive advantage 13
that a business may acquire as a result of a correctional industries 14
contract, including labor costs, rent, tax advantages, utility rates 15
(water, sewer, electricity, and disposal), and other overhead costs. 16
To determine net competitive advantage, the department of corrections 17
shall review and quantify any expenses unique to operating a for-18
profit business inside a prison. 19
(30) "Vocational training" or "vocational education" means 20
"vocational education" as defined in RCW 72.62.020.21
(31) "Washington business" means an in-state manufacturer or 22
service provider subject to chapter 82.04 RCW existing on June 10, 23
2004. 24
(32) "Work programs" means all classes of correctional industries 25
jobs authorized under RCW 72.09.100. 26
Sec. 3. RCW 72.09.100 and 2012 c 220 s 2 are each amended to 27
read as follows: 28
It is the intent of the legislature to vest in the department the 29
power to provide for a comprehensive ((inmate)) work program and to 30
remove statutory and other restrictions which have limited work 31
programs in the past. It is also the intent of the legislature to 32
ensure that the department, in developing and selecting correctional 33
industries work programs, does not encourage the development of, or 34
provide for selection of or contracting for, or the significant 35
expansion of, any new or existing class I correctional industries 36
work programs that unfairly compete with Washington businesses. The 37
legislature intends that the requirements relating to fair 38
competition in the correctional industries work programs be liberally 39
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construed by the department to protect Washington businesses from 1
unfair competition. For purposes of establishing such a comprehensive 2
program, the legislature recommends that the department consider 3
adopting any or all, or any variation of, the following classes of 4
work programs: 5
(1) CLASS I: FREE VENTURE INDUSTRIES. 6
(a) The employer model industries in this class shall be operated 7
and managed in total or in part by any profit or nonprofit 8
organization pursuant to an agreement between the organization and 9
the department. The organization shall produce goods or services for 10
sale to both the public and private sector. 11
(b) The customer model industries in this class shall be operated 12
and managed by the department to provide Washington state 13
manufacturers or businesses with products or services currently 14
produced or provided by out-of-state or foreign suppliers.15
(c) The department shall review these proposed industries, 16
including any potential new class I industries work program or the 17
significant expansion of an existing class I industries work program, 18
before the department contracts to provide such products or services. 19
The review shall include the analysis required under RCW 72.09.115 to 20
determine if the proposed correctional industries work program will 21
compete with any Washington business. An agreement for a new class I 22
correctional industries work program, or an agreement for a 23
significant expansion of an existing class I correctional industries 24
work program, that unfairly competes with any Washington business is 25
prohibited. 26
(d) The department shall supply appropriate security and custody 27
services without charge to the participating firms.28
(e) ((Inmates)) Incarcerated persons who work in free venture 29
industries shall do so at their own choice. They shall be paid a wage 30
comparable to the wage paid for work of a similar nature in the 31
locality in which the industry is located, as determined by the 32
director of correctional industries. If the director cannot 33
reasonably determine the comparable wage, then the pay shall not be 34
less than the federal minimum wage. 35
(f) An ((inmate)) incarcerated person who is employed in the 36
class I program of correctional industries shall not be eligible for 37
unemployment compensation benefits pursuant to any of the provisions 38
of Title 50 RCW until released on parole or discharged.39
(2) CLASS II: TAX REDUCTION INDUSTRIES. 40
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(a) Industries in this class shall be state-owned and operated 1
enterprises designed primarily to reduce the costs for goods and 2
services for tax-supported agencies and for nonprofit organizations.3
(b)(i) The industries selected for development within this class 4
shall, as much as possible, match the available pool of ((inmate)) 5
incarcerated person work skills and aptitudes with the work 6
opportunities in the free community. The industries shall be closely 7
patterned after private sector industries but with the objective of 8
reducing public support costs rather than making a profit.9
(ii) Except as provided in RCW ((43.19.534(3))) 39.26.251(2) and 10
this section, the products and services of this industry, including 11
purchased products and services necessary for a complete product 12
line, may be sold to the following: 13
(A) Public agencies; 14
(B) Nonprofit organizations; 15
(C) Private contractors when the goods purchased will be 16
ultimately used by a public agency or a nonprofit organization;17
(D) An employee and immediate family members of an employee of 18
the department; 19
(E) A person under the supervision of the department and his or 20
her immediate family members; and 21
(F) A licensed health professional for the sole purpose of 22
providing eyeglasses to enrollees of the state medical program at no 23
more than the health professional's cost of acquisition.24
(iii) The department shall authorize the type and quantity of 25
items that may be purchased and sold under (b)(ii)(D) and (E) of this 26
subsection. 27
(iv) It is prohibited to purchase any item purchased under 28
(b)(ii)(D) and (E) of this subsection for the purpose of resale.29
(v) Clothing manufactured by an industry in this class may be 30
donated to nonprofit organizations that provide clothing free of 31
charge to low-income persons. 32
(c) Under no circumstance shall ((offenders)) incarcerated 33
persons under the custody of the department of corrections make or 34
assemble uniforms to be worn by correctional officers employed with 35
the department. 36
(d)(i) Class II correctional industries products and services 37
shall be reviewed by the department before offering such products and 38
services for sale to private contractors. 39
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(ii) The secretary shall conduct a yearly marketing review of the 1
products and services offered under this subsection. Such review 2
shall include an analysis of the potential impact of the proposed 3
products and services on the Washington state business community. To 4
avoid waste or spoilage and consequent loss to the state, when there 5
is no public sector market for such goods, by-products and surpluses 6
of timber, agricultural, and animal husbandry enterprises may be sold 7
to private persons, at private sale. Surplus by-products and 8
surpluses of timber, agricultural and animal husbandry enterprises 9
that cannot be sold to public agencies or to private persons may be 10
donated to nonprofit organizations. All sales of surplus products 11
shall be carried out in accordance with rules prescribed by the 12
secretary. 13
(e) Security and custody services shall be provided without 14
charge by the department. 15
(f) ((Inmates)) Incarcerated persons working in this class of 16
industries shall do so at their own choice and shall be paid for 17
their work on a gratuity scale which shall not exceed the wage paid 18
for work of a similar nature in the locality in which the industry is 19
located and which is approved by the director of correctional 20
industries, provided that the payment is no less than $1.00 per hour.21
(g) Provisions of RCW 41.06.142 shall not apply to contracts with 22
Washington state businesses entered into by the department through 23
class II industries. 24
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES.25
(a) Industries in this class shall be operated by the department. 26
They shall be designed and managed to accomplish the following 27
objectives: 28
(i) Whenever possible, to provide basic work training and 29
experience so that the ((inmate)) incarcerated person will be able to 30
qualify for better work both within correctional industries and the 31
free community. It is not intended that an ((inmate's)) incarcerated 32
person's work within this class of industries should be his or her 33
final and total work experience as an ((inmate)) incarcerated person.34
(ii) Whenever possible, to provide forty hours of work or work 35
training per week. 36
(iii) Whenever possible, to offset tax and other public support 37
costs. 38
(b) Class III ((correctional)) industries shall be reviewed by 39
the department to set policy for work crews. The department shall 40
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prepare quarterly detail statements showing where work crews worked, 1
what ((correctional)) industry class, and the hours worked.2
(c) Supervising, management, and custody staff shall be employees 3
of the department. 4
(d) All able and eligible ((inmates)) incarcerated persons who 5
are assigned work and who are not working in other classes of 6
industries shall work in this class. 7
(e) Except for ((inmates)) incarcerated persons who work in work 8
training programs, ((inmates)) incarcerated persons in this class 9
shall do so at their own choice and shall be paid for their work in 10
accordance with ((an inmate)) a gratuity scale((. The scale shall be 11
adopted)) approved by the secretary of corrections , provided that the 12
payment is no less than $1.00 per hour and the monthly maximum limit 13
on such payment is no less than $200. 14
(4) CLASS IV: COMMUNITY WORK INDUSTRIES. 15
(a) Industries in this class shall be operated by the department. 16
They shall be designed and managed to provide services in the 17
((inmate's)) incarcerated person's resident community at a reduced 18
cost. The services shall be provided to public agencies, to persons 19
who are poor or infirm, or to nonprofit organizations.20
(b) Class IV ((correctional)) industries shall be reviewed by the 21
department to set policy for work crews. The department shall prepare 22
quarterly detail statements showing where work crews worked, what 23
((correctional)) industry class, and the hours worked. Class IV 24
((correctional)) industries operated in work camps established 25
pursuant to RCW 72.64.050 are exempt from the requirements of this 26
subsection (4)(b). 27
(c) ((Inmates)) Incarcerated persons in this program shall reside 28
in facilities owned by, contracted for, or licensed by the 29
department. A unit of local government shall provide work supervision 30
services without charge to the state and shall pay the ((inmate's)) 31
incarcerated person's wage. 32
(d) The department shall reimburse participating units of local 33
government for liability and workers compensation insurance costs.34
(e) ((Inmates)) Incarcerated persons who work in this class of 35
industries shall do so at their own choice and shall receive a 36
gratuity which shall not exceed the wage paid for work of a similar 37
nature in the locality in which the industry is located.38
(5) CLASS V: COMMUNITY RESTITUTION PROGRAMS. 39
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(a) Programs in this class shall be subject to supervision by the 1
department. The purpose of this class of industries is to enable an 2
((inmate)) incarcerated person , placed on community supervision, to 3
work off all or part of a community restitution order as ordered by 4
the sentencing court. 5
(b) Employment shall be in a community restitution program 6
operated by the state, local units of government, or a nonprofit 7
agency. 8
(c) To the extent that funds are specifically made available for 9
such purposes, the department shall reimburse nonprofit agencies for 10
workers compensation insurance costs. 11
Sec. 4. RCW 72.09.130 and 1995 1st sp.s. c 19 s 6 are each 12
amended to read as follows: 13
(1) The department shall adopt, by rule, a system that clearly 14
links an ((inmate's)) incarcerated person's behavior and 15
participation in available education and work programs with the 16
receipt or denial of earned early release days and other privileges. 17
The system shall include increases or decreases in the degree of 18
liberty granted the ((inmate)) incarcerated person within the 19
programs operated by the department, access to or withholding of 20
privileges available within correctional institutions, and 21
recommended increases or decreases in the number of earned early 22
release days that an ((inmate)) incarcerated person can earn for good 23
conduct and good performance , except that an incarcerated person's 24
earned early release and other privileges may not be reduced based on 25
the person's choice to not participate in work programs.26
(2) Earned early release days shall be recommended by the 27
department as a reward for accomplishment. The system shall be fair, 28
measurable, and understandable to ((offenders)) incarcerated persons, 29
staff, and the public. At least once in each ((twelve)) 12-month 30
period, the department shall inform the ((offender)) incarcerated 31
person in writing as to his or her conduct and performance. This 32
written evaluation shall include reasons for awarding or not awarding 33
recommended earned early release days for good conduct and good 34
performance. An ((inmate)) incarcerated person is not eligible to 35
receive earned early release days during any time in which he or she 36
refuses to participate in an available education ((or work)) program 37
into which he or she has been placed under RCW 72.09.460. An 38
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incarcerated person's earned early release days may not be reduced 1
based on the person's choice to not participate in work programs.2
(3) The department shall provide each ((offender)) incarcerated 3
person in its custody a written description of the system created 4
under this section. 5
Sec. 5. RCW 72.09.460 and 2024 c 272 s 1 are each amended to 6
read as follows: 7
(1) Recognizing that there is a positive correlation between 8
education opportunities and reduced recidivism, it is the intent of 9
the legislature to offer appropriate postsecondary degree or 10
certificate opportunities to incarcerated individuals.11
(2) The legislature intends that all incarcerated individuals be 12
required to participate in department-approved education programs, 13
((work programs, or both, )) unless exempted as specifically provided 14
in this section. Eligible incarcerated individuals who refuse to 15
participate in available education ((or work)) programs available at 16
no charge to the incarcerated individuals shall lose privileges 17
according to the system established under RCW 72.09.130; however, an 18
incarcerated person's choice to not participate in a work program may 19
not result in loss of privileges pursuant to section 6 of this act . 20
Eligible incarcerated individuals who are required to contribute 21
financially to an education or work program and refuse to contribute 22
shall be placed in another work program. Refusal to contribute shall 23
not result in a loss of privileges. 24
(3) The legislature recognizes more incarcerated individuals may 25
agree to participate in education and work programs than are 26
available. The department must make every effort to achieve maximum 27
public benefit by placing incarcerated individuals in available and 28
appropriate education and work programs. 29
(4)(a) The department shall, to the extent possible and 30
considering all available funds, prioritize its resources to meet the 31
following goals for incarcerated individuals in the order listed:32
(i) Achievement of basic academic skills through obtaining a high 33
school diploma or a high school equivalency certificate as provided 34
in RCW 28B.50.536, including achievement by those incarcerated 35
individuals eligible for special education services pursuant to state 36
or federal law; 37
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(ii) Achievement of vocational skills necessary for purposes of 1
work programs and for an incarcerated individual to qualify for work 2
upon release; 3
(iii) Additional work and education programs necessary for 4
compliance with an incarcerated individual's individual reentry plan 5
under RCW 72.09.270, including special education services and 6
postsecondary degree or certificate education programs; and7
(iv) Other appropriate vocational, work, or education programs 8
that are not necessary for compliance with an incarcerated 9
individual's individual reentry plan under RCW 72.09.270 including 10
postsecondary degree or certificate education programs.11
(b)(i) If programming is provided pursuant to (a)(i) through 12
(iii) of this subsection, the department shall pay the cost of such 13
programming, including but not limited to books, materials, and 14
supplies for adult basic education programs and any postsecondary 15
education program that is not financial aid eligible at the time the 16
individual is enrolled or paid for by the department or third party.17
(ii) For financial aid eligible postsecondary programming 18
provided pursuant to (a)(i) through (iii) of this subsection, the 19
department may require the individual to apply for any federal and 20
state financial aid grants available to the individual as a condition 21
of participation in such programming. The individual may elect to use 22
available financial aid grants, self-pay, or any other available 23
third-party funding, or use a combination of these methods to cover 24
the cost of attendance for financial aid eligible postsecondary 25
programming provided under this subsection (4)(b)(ii). If an 26
individual elects to self-pay or utilize third-party funding, the 27
individual is not subject to the postaward formula described in (c) 28
of this subsection. If the cost of attendance exceeds any financial 29
grant awards that may be available to the individual, or the person 30
is not eligible for federal or state financial aid grants, the 31
department shall pay the cost of attendance not otherwise covered by 32
third-party funding. All regulations and requirements set forth by 33
the United States department of education for federal pell grants for 34
prison education programs apply to financial aid eligible 35
postsecondary programming. 36
(c) If programming is provided pursuant to (a)(iv) of this 37
subsection, incarcerated individuals shall be required to pay all or 38
a portion of the costs, including books, fees, and tuition, for 39
participation in any vocational, work, or education program as 40
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provided in department policies. The individual may apply for and 1
utilize federal and state financial aid grants available to the 2
individual. If the individual is not eligible for federal financial 3
aid grants, the individual may apply for and utilize state financial 4
aid grants available to the individual. Department policies shall 5
include a postaward formula for determining how much an incarcerated 6
individual shall be required to pay after deducting any amount from 7
available financial aid or other available sources. The postaward 8
formula shall include steps which correlate to an incarcerated 9
individual's average monthly income or average available balance in a 10
personal savings account and which are correlated to a prorated 11
portion or percent of the per credit fee for tuition, books, or other 12
ancillary educational costs. Any postaward formula offsets and funds 13
paid for by the department for educational programming shall not 14
result in the reduction of any gift aid. The postaward formula shall 15
be reviewed every two years. A third party, including but not limited 16
to nonprofit entities or community-based postsecondary education 17
programs, may pay directly to the department all or a portion of 18
costs and tuition for any programming provided pursuant to (a)(iv) of 19
this subsection on behalf of an incarcerated individual. Such 20
payments shall not be subject to any of the deductions as provided in 21
this chapter. 22
(d) All incarcerated individuals shall receive financial aid and 23
academic advising from an accredited institution of higher education 24
prior to enrollment in a financial aid eligible postsecondary 25
education program. Eligible individuals who choose not to participate 26
or choose to cease participation in a financial aid eligible 27
postsecondary education program shall not result in a loss of 28
privileges. 29
(e) Correspondence courses are ineligible for state and federal 30
financial aid funding. 31
(f) The department may accept any and all donations and grants of 32
money, equipment, supplies, materials, and services from any third 33
party, including but not limited to nonprofit entities and community-34
based postsecondary education programs, and may receive, utilize, and 35
dispose of same to complete the purposes of this section.36
(g) Any funds collected by the department under (c) and (h) [(f)] 37
of this subsection and subsections (11) and (12) of this section 38
shall be used solely for the creation, maintenance, or expansion of 39
incarcerated individual educational and vocational programs.40
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(5) The department shall provide access to a program of education 1
to all incarcerated individuals who are under the age of eighteen and 2
who have not met high school graduation requirements or requirements 3
to earn a high school equivalency certificate as provided in RCW 4
28B.50.536 in accordance with chapter 28A.193 RCW. The program of 5
education established by the department and education provider under 6
RCW 28A.193.020 for incarcerated individuals under the age of 7
eighteen must provide each incarcerated individual a choice of 8
curriculum that will assist the incarcerated individual in achieving 9
a high school diploma or high school equivalency certificate. The 10
program of education may include but not be limited to basic 11
education, prevocational training, work ethic skills, conflict 12
resolution counseling, substance abuse intervention, and anger 13
management counseling. The curriculum may balance these and other 14
rehabilitation, work, and training components. 15
(6)(a) In addition to the policies set forth in this section, the 16
department shall consider the following factors in establishing 17
criteria for assessing the inclusion of education and work programs 18
in an incarcerated individual's individual reentry plan and in 19
placing incarcerated individuals in education and work programs:20
(i) An incarcerated individual's release date and custody level. 21
An incarcerated individual shall not be precluded from participating 22
in an education or work program solely on the basis of his or her 23
release date, except that incarcerated individuals with a release 24
date of more than one hundred twenty months in the future shall not 25
comprise more than ten percent of incarcerated individuals 26
participating in a new class I correctional industry not in existence 27
on June 10, 2004; 28
(ii) An incarcerated individual's education history and basic 29
academic skills; 30
(iii) An incarcerated individual's work history and vocational or 31
work skills; 32
(iv) An incarcerated individual's economic circumstances, 33
including but not limited to an incarcerated individual's family 34
support obligations; and 35
(v) Where applicable, an incarcerated individual's prior 36
performance in department-approved education or work programs;37
(b) The department shall establish, and periodically review, 38
incarcerated individual behavior standards and program outcomes for 39
all education and work programs. Incarcerated individuals shall be 40
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notified of applicable behavior standards and program goals prior to 1
placement in an education or work program and shall be removed from 2
the education or work program if they consistently fail to meet the 3
standards or outcomes. 4
(7) Eligible incarcerated individuals who refuse to participate 5
in available education ((or work)) programs available at no charge to 6
the incarcerated individuals shall lose privileges according to the 7
system established under RCW 72.09.130. Eligible incarcerated 8
individuals who are required to contribute financially to an 9
education or work program and refuse to contribute shall be placed in 10
another work program. Refusal to contribute shall not result in a 11
loss of privileges. 12
(8) The department shall establish, by rule, a process for 13
identifying and assessing incarcerated individuals with learning 14
disabilities, traumatic brain injuries, and other cognitive 15
impairments to determine whether the person requires accommodations 16
in order to effectively participate in educational programming, 17
including general educational development tests and postsecondary 18
education. The department shall establish a process to provide such 19
accommodations to eligible incarcerated individuals.20
(9) The department shall establish, and periodically review, 21
goals for expanding access to postsecondary degree and certificate 22
education programs and program completion for all incarcerated 23
individuals, including persons of color. The department may contract 24
and partner with any accredited educational program sponsored by a 25
nonprofit entity, community-based postsecondary education program, or 26
institution with historical evidence of providing education programs 27
to people of color. 28
(10) The department shall establish, by rule, objective medical 29
standards to determine when an incarcerated individual is physically 30
or mentally unable to participate in available education or work 31
programs. When the department determines an incarcerated individual 32
is permanently unable to participate in any available education or 33
work program due to a health condition, the incarcerated individual 34
is exempt from the requirement under subsection (2) of this section. 35
When the department determines an incarcerated individual is 36
temporarily unable to participate in an education or work program due 37
to a medical condition, the incarcerated individual is exempt from 38
the requirement of subsection (2) of this section for the period of 39
time he or she is temporarily disabled. The department shall 40
p. 15 HB 1233
periodically review the medical condition of all incarcerated 1
individuals with temporary disabilities to ensure the earliest 2
possible entry or reentry by incarcerated individuals into available 3
programming. 4
(11) The department shall establish policies requiring an 5
incarcerated individual to pay all or a portion of the costs and 6
tuition for any vocational training or postsecondary education 7
program if the incarcerated individual previously abandoned 8
coursework related to postsecondary degree or certificate education 9
or vocational training without excuse as defined in rule by the 10
department. Department policies shall include a formula for 11
determining how much an incarcerated individual shall be required to 12
pay. The formula shall include steps which correlate to an 13
incarcerated individual's average monthly income or average available 14
balance in a personal savings account and which are correlated to a 15
prorated portion or percent of the per credit fee for tuition, books, 16
or other ancillary costs. The formula shall be reviewed every two 17
years. A third party may pay directly to the department all or a 18
portion of costs and tuition for any program on behalf of an 19
incarcerated individual under this subsection. Such payments shall 20
not be subject to any of the deductions as provided in this chapter.21
(12) Notwithstanding any other provision in this section, an 22
incarcerated individual subject to the provisions of 8 U.S.C. Sec. 23
1227: 24
(a) Shall not be required to participate in education programming 25
except as may be necessary for the maintenance of discipline and 26
security; 27
(b) May not participate in a postsecondary degree education 28
program offered by the department or its contracted providers, unless 29
the incarcerated individual's participation in the program is paid 30
for by a third party or by the individual; 31
(c) May participate in prevocational or vocational training that 32
may be necessary to participate in a work program;33
(d) Shall be subject to the requirements relating to incarcerated 34
individual financial responsibility for programming under subsection 35
(4) of this section. 36
(13) If an incarcerated individual has participated in 37
postsecondary education programs, the department shall provide the 38
incarcerated individual with a copy of the incarcerated individual's 39
unofficial transcripts, at no cost to the individual, upon the 40
p. 16 HB 1233
incarcerated individual's release or transfer to a different 1
facility. Upon the incarcerated individual's completion of a 2
postsecondary education program, the department shall provide to the 3
incarcerated individual, at no cost to the individual, a copy of the 4
incarcerated individual's unofficial transcripts. This requirement 5
applies regardless of whether the incarcerated individual became 6
ineligible to participate in or abandoned a postsecondary education 7
program. 8
(14) For the purposes of this section: 9
(a) "Third party" includes a nonprofit entity or community-based 10
postsecondary education program that partners with the department to 11
provide accredited postsecondary education degree and certificate 12
programs at state correctional facilities. 13
(b) "Gift aid" has the meaning provided in RCW 28B.145.010.14
NEW SECTION. Sec. 6. A new section is added to chapter 72.09 15
RCW to read as follows: 16
Except when ordered by a court for community restitution, 17
incarcerated persons are not required to work or otherwise 18
participate in work programs under RCW 72.09.100. Work programs are 19
voluntary, and incarcerated persons may choose to participate or 20
refuse to participate in such programs. Notwithstanding any other 21
provision of law, the department may not issue infractions or take 22
any other punitive, disciplinary, or retaliatory actions against an 23
incarcerated person in response to the person's choice to not 24
participate in work programs. Incarcerated persons participating in 25
class I, II, III, or IV programs must be paid a wage or gratuity for 26
their work as provided under RCW 72.09.100. 27
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