Inmate funds

AN ACT Relating to inmate funds; and amending RCW 72.09.015 and 1
72.09.480. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 72.09.015 and 2022 c 254 s 2 are each amended to 4
read as follows: 5
The definitions in this section apply throughout this chapter.6
(1) "Adult basic education" means education or instruction 7
designed to achieve general competence of skills in reading, writing, 8
and oral communication, including English as a second language and 9
preparation and testing services for obtaining a high school diploma 10
or a high school equivalency certificate as provided in RCW 11
28B.50.536. 12
(2) "Base level of correctional services" means the minimum level 13
of field services the department of corrections is required by 14
statute to provide for the supervision and monitoring of offenders.15
(3) "Civil judgment for assault" means a civil judgment for 16
monetary damages awarded to a correctional officer or department 17
employee entered by a court of competent jurisdiction against an 18
inmate that is based on, or arises from, injury to the correctional 19
officer or department employee caused by the inmate while the 20
H-2932.1
HOUSE BILL 2539
State of Washington 69th Legislature 2026 Regular Session
By Representatives Street, Simmons, Santos, and Leavitt
Read first time 01/16/26. Referred to Committee on Community Safety.
p. 1 HB 2539
correctional officer or department employee was acting in the course 1
and scope of his or her employment. 2
(4) "Community custody" has the same meaning as that provided in 3
RCW 9.94A.030 and also includes community placement and community 4
supervision as defined in RCW 9.94B.020. 5
(5) "Contraband" means any object or communication the secretary 6
determines shall not be allowed to be: (a) Brought into; (b) 7
possessed while on the grounds of; or (c) sent from any institution 8
under the control of the secretary. 9
(6) "Correctional facility" means a facility or institution 10
operated directly or by contract by the secretary for the purposes of 11
incarcerating adults in total or partial confinement, as defined in 12
RCW 9.94A.030. 13
(7) "County" means a county or combination of counties.14
(8) "Department" means the department of corrections.15
(9) "Earned early release" means earned release as authorized by 16
RCW 9.94A.729. 17
(10) "Evidence-based" means a program or practice that has had 18
multiple-site random controlled trials across heterogeneous 19
populations demonstrating that the program or practice is effective 20
in reducing recidivism for the population. 21
(11) "Extended family visit" means an authorized visit between an 22
inmate and a member of his or her immediate family that occurs in a 23
private visiting unit located at the correctional facility where the 24
inmate is confined. 25
(12) "Good conduct" means compliance with department rules and 26
policies. 27
(13) "Good performance" means successful completion of a program 28
required by the department, including an education, work, or other 29
program. 30
(14) "Immediate family" means the inmate's children, 31
stepchildren, grandchildren, great grandchildren, parents, 32
stepparents, grandparents, great grandparents, siblings, aunts, 33
uncles, and a person legally married to or in a state registered 34
domestic partnership with an inmate. "Immediate family" includes the 35
immediate family of an inmate who was adopted as a child or an adult, 36
but does not include an inmate adopted by another inmate.37
(15) "Indigent inmate," "indigent," and "indigency" mean an 38
inmate who has less than a (($25)) $100 balance of disposable income 39
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in his or her institutional account on the day a request is made to 1
utilize funds and during the 30 days previous to the request.2
(16) "Individual reentry plan" means the plan to prepare an 3
offender for release into the community. It should be developed 4
collaboratively between the department and the offender and based on 5
an assessment of the offender using a standardized and comprehensive 6
tool to identify the offender's risks and needs. The individual 7
reentry plan describes actions that should occur to prepare 8
individual offenders for release from prison or jail, specifies the 9
supervision and services they will experience in the community, and 10
describes an offender's eventual discharge to aftercare upon 11
successful completion of supervision. An individual reentry plan is 12
updated throughout the period of an offender's incarceration and 13
supervision to be relevant to the offender's current needs and risks.14
(17) "Inmate" means a person committed to the custody of the 15
department, including but not limited to persons residing in a 16
correctional institution or facility and persons released from such 17
facility on furlough, work release, or community custody, and persons 18
received from another state, state agency, county, federally 19
recognized tribe, or federal jurisdiction. 20
(18) "Labor" means the period of time before a birth during which 21
contractions are of sufficient frequency, intensity, and duration to 22
bring about effacement and progressive dilation of the cervix.23
(19) "Physical restraint" means the use of any bodily force or 24
physical intervention to control an offender or limit an offender's 25
freedom of movement in a way that does not involve a mechanical 26
restraint. Physical restraint does not include momentary periods of 27
minimal physical restriction by direct person-to-person contact, 28
without the aid of mechanical restraint, accomplished with limited 29
force and designed to: 30
(a) Prevent an offender from completing an act that would result 31
in potential bodily harm to self or others or damage property;32
(b) Remove a disruptive offender who is unwilling to leave the 33
area voluntarily; or 34
(c) Guide an offender from one location to another.35
(20) "Postpartum recovery" means (a) the entire period a woman or 36
youth is in the hospital, birthing center, or clinic after giving 37
birth and (b) an additional time period, if any, a treating physician 38
determines is necessary for healing after the woman or youth leaves 39
the hospital, birthing center, or clinic. 40
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(21) "Privilege" means any goods or services, education or work 1
programs, or earned early release days, the receipt of which are 2
directly linked to an inmate's (a) good conduct; and (b) good 3
performance. Privileges do not include any goods or services the 4
department is required to provide under the state or federal 5
Constitution or under state or federal law. 6
(22) "Promising practice" means a practice that presents, based 7
on preliminary information, potential for becoming a research -based 8
or consensus-based practice. 9
(23) "Research-based" means a program or practice that has some 10
research demonstrating effectiveness, but that does not yet meet the 11
standard of evidence-based practices. 12
(24) "Restraints" means anything used to control the movement of 13
a person's body or limbs and includes: 14
(a) Physical restraint; or 15
(b) Mechanical device including but not limited to: Metal 16
handcuffs, plastic ties, ankle restraints, leather cuffs, other 17
hospital-type restraints, tasers, or batons. 18
(25) "Secretary" means the secretary of corrections or his or her 19
designee. 20
(26) "Significant expansion" includes any expansion into a new 21
product line or service to the class I business that results from an 22
increase in benefits provided by the department, including a decrease 23
in labor costs, rent, or utility rates (for water, sewer, 24
electricity, and disposal), an increase in work program space, tax 25
advantages, or other overhead costs. 26
(27) "Superintendent" means the superintendent of a correctional 27
facility under the jurisdiction of the Washington state department of 28
corrections, or his or her designee. 29
(28) "Transportation" means the conveying, by any means, of an 30
incarcerated pregnant woman or youth from the correctional facility 31
to another location from the moment she leaves the correctional 32
facility to the time of arrival at the other location, and includes 33
the escorting of the pregnant incarcerated woman or youth from the 34
correctional facility to a transport vehicle and from the vehicle to 35
the other location. 36
(29) "Unfair competition" means any net competitive advantage 37
that a business may acquire as a result of a correctional industries 38
contract, including labor costs, rent, tax advantages, utility rates 39
(water, sewer, electricity, and disposal), and other overhead costs. 40
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To determine net competitive advantage, the department of corrections 1
shall review and quantify any expenses unique to operating a for-2
profit business inside a prison. 3
(30) "Vocational training" or "vocational education" means 4
"vocational education" as defined in RCW 72.62.020.5
(31) "Washington business" means an in-state manufacturer or 6
service provider subject to chapter 82.04 RCW existing on June 10, 7
2004. 8
(32) "Work programs" means all classes of correctional industries 9
jobs authorized under RCW 72.09.100. 10
Sec. 2. RCW 72.09.480 and 2024 c 32 s 3 are each amended to read 11
as follows: 12
(1) Unless the context clearly requires otherwise, the 13
definitions in this section apply to this section.14
(a) "Cost of incarceration" means the cost of providing an inmate 15
with shelter, food, clothing, transportation, supervision, and other 16
services and supplies as may be necessary for the maintenance and 17
support of the inmate while in the custody of the department, based 18
on the average per inmate costs established by the department and the 19
office of financial management. 20
(b) "Minimum term of confinement" means the minimum amount of 21
time an inmate will be confined in the custody of the department, 22
considering the sentence imposed and adjusted for the total potential 23
earned early release time available to the inmate.24
(c) "Program" means any series of courses or classes necessary to 25
achieve a proficiency standard, certificate, or postsecondary degree.26
(2) When an inmate, except as provided in subsections (4) through 27
(((11))) (12) of this section, receives any funds in addition to his 28
or her wages or gratuities, except settlements or awards resulting 29
from legal action, the additional funds shall be subject to the 30
following deductions and the priorities established in chapter 72.11 31
RCW: 32
(a) Five percent to the crime victims' compensation account 33
provided in RCW 7.68.045; 34
(b) Ten percent to a department personal inmate savings account;35
(c) Twenty percent for payment of legal financial obligations for 36
all inmates who have legal financial obligations owing in any 37
Washington state superior court; 38
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(d) Twenty percent for any child support owed under a support 1
order; 2
(e) Twenty percent to the department to contribute to the cost of 3
incarceration; and 4
(f) Twenty percent for payment of any civil judgment for assault 5
for all inmates who are subject to a civil judgment for assault in 6
any Washington state court or federal court. 7
(3) When an inmate, except as provided in subsection (((10))) 8
(11) of this section, receives any funds from a settlement or award 9
resulting from a legal action, the additional funds shall be subject 10
to the deductions in RCW 72.09.111(1)(a) and the priorities 11
established in chapter 72.11 RCW. 12
(4) When an inmate who is subject to a child support order 13
receives funds from an inheritance, the deduction required under 14
subsection (2)(e) and (f) of this section shall only apply after the 15
child support obligation has been paid in full. 16
(5) The amount deducted from an inmate's funds under subsection 17
(2) of this section shall not exceed the department's total cost of 18
incarceration for the inmate incurred during the inmate's minimum or 19
actual term of confinement, whichever is longer. 20
(6)(a) The deductions required under subsection (2) of this 21
section shall not apply to funds received by the department from an 22
offender or from a third party on behalf of an offender for payment 23
of education or vocational programs or postsecondary education degree 24
programs as provided in RCW 72.09.460 and 72.09.465.25
(b) The deductions required under subsection (2) of this section 26
shall not apply to funds received by the department from a third 27
party, including but not limited to a nonprofit entity on behalf of 28
the department's education, vocation, or postsecondary education 29
degree programs. 30
(7) The deductions required under subsection (2) of this section 31
shall not apply to any money received by the department, on behalf of 32
an inmate, from family or other outside sources for the payment of 33
postage expenses. Money received under this subsection may only be 34
used for the payment of postage expenses and may not be transferred 35
to any other account or purpose. Money that remains unused in the 36
inmate's postage fund at the time of release shall be subject to the 37
deductions outlined in subsection (2) of this section.38
(8) The deductions required under subsection (2) of this section 39
do not apply to any money received by the department on behalf of an 40
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inmate from family or other outside sources for the payment of 1
certain medical expenses. Money received under this subsection may 2
only be used for the payment of medical expenses associated with the 3
purchase of eyeglasses, over-the-counter medications, and offender 4
copayments. Funds received specifically for these purposes may not be 5
transferred to any other account or purpose. Money that remains 6
unused in the inmate's medical fund at the time of release is subject 7
to deductions under subsection (2) of this section.8
(9) The deductions required under subsection (2) of this section 9
do not apply to any money received by the department on behalf of an 10
inmate from family or other outside sources for the purchase of 11
commissary items. Money received under this subsection may only be 12
used for the purchase of items on the facility commissary list. The 13
amount received by each inmate under this subsection may not exceed 14
the monthly allowance for commissary purchases as allowed by the 15
department. Funds received specifically for these purposes may not be 16
transferred to any other fund, account, or purpose. Money that 17
remains unused in the inmate's commissary fund at the time of release 18
is subject to deductions under subsection (2) of this section.19
(10) The deductions required under subsection (2) of this section 20
do not apply to any money received by the department on behalf of an 21
inmate from family or other outside sources for the payment of 22
telephone services. Money received under this subsection may only be 23
used for the payment of telephone services and may not be transferred 24
to any other account or purpose. Money that remains unused in the 25
inmate's telephone services fund at the time of release is subject to 26
the deductions under subsection (2) of this section.27
(11) Inmates sentenced to life imprisonment without possibility 28
of release or sentenced to death under chapter 10.95 RCW receives 29
funds, deductions are required under subsection (2) of this section, 30
with the exception of a personal inmate savings account under 31
subsection (2)(b) of this section. 32
(((11))) (12) The deductions required under subsection (2) of 33
this section do not apply to funds for subsistence issued by the 34
department to an inmate: 35
(a) Upon the person's transfer from total confinement to partial 36
confinement, or transfer from total confinement to community custody, 37
pursuant to RCW 72.02.100; or 38
(b) For a furlough pursuant to RCW 72.66.070. 39
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(((12))) (13) The secretary of the department of corrections, or 1
his or her designee, may exempt an inmate from a personal inmate 2
savings account under subsection (2)(b) of this section if the 3
inmate's earliest release date is beyond the inmate's life 4
expectancy. 5
(((13))) (14) The interest earned on an inmate savings account 6
created as a result of the plan in section 4, chapter 325, Laws of 7
1999 shall be exempt from the mandatory deductions under this section 8
and RCW 72.09.111. 9
(((14))) (15) Nothing in this section shall limit the authority 10
of the department of social and health services division of child 11
support, the county clerk, or a restitution recipient from taking 12
collection action against an inmate's moneys, assets, or property 13
pursuant to chapter 9.94A, 26.23, 74.20, or 74.20A RCW including, but 14
not limited to, the collection of moneys received by the inmate from 15
settlements or awards resulting from legal action.16
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