HB 1024 — Concerning labor and income of incarcerated persons.

Prior to the expiration of the initial 10-year period, the superior court may extend the criminal judgment an additional 10 years for payment of nonrestitution legal financial obligations only if the court finds that the offender has the current or likely future ability to pay the obligations.

A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3).

(e) The department may only supervise the offender's compliance with payment of the legal financial obligations during any period in which the department is authorized to supervise the offender in the community under RCW 9.94A.728, 9.94A.501, or in which the offender is confined in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period.

The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction.

The county clerk is authorized to collect unpaid legal financial obligations at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.

(((6))) (5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court.

When reporting, the offender is required, under oath, to respond truthfully and honestly to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets.

The offender is further required to bring all documents requested by the department.

(((7))) (6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment p.

4 HB 1024 that the offender should be required to make towards a satisfied legal financial obligation.

(((8))) (7)(a) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances.

If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court.

During the period of supervision, the department may require the offender to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation.

During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets.

The offender shall bring all documents requested by the department in order to prepare the collection schedule.

(b) Subsequent to any period of supervision, or if the department is not authorized to supervise the offender in the community, the county clerk may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances.

If the county clerk sets the monthly payment amount, or if the department set the monthly payment amount and the department has subsequently turned the collection of the legal financial obligation over to the county clerk, the clerk may modify the monthly payment amount without the matter being returned to the court.

During the period of repayment, the county clerk may require the offender to report to the clerk for the purpose of reviewing the appropriateness of the collection schedule for the legal financial obligation.

During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets.

The offender shall bring all documents requested by the county clerk in order to prepare the collection schedule.

(((9))) (8) After the judgment and sentence or payment order is entered, the department is authorized, for any period of supervision, to collect the legal financial obligation from the offender.

Subsequent to any period of supervision or, if the department is not authorized to supervise the offender in the community, the county clerk is authorized to collect unpaid legal financial obligations p.

5 HB 1024 from the offender.

Any amount collected by the department shall be remitted daily to the county clerk for the purpose of disbursements.

The department and the county clerks are authorized, but not required, to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.

(((10))) (9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701.

Any party obtaining a wage assignment shall notify the county clerk.

The county clerks shall notify the department, or the administrative office of the courts, whichever is providing the monthly billing for the offender.

(((11))) (10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties for noncompliance as provided in RCW 9.94B.040, 9.94A.737, or 9.94A.740.

If the court determines that the offender is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful noncompliance and shall not subject the offender to penalties.

(((12))) (11)(a) The administrative office of the courts shall mail individualized periodic billings to the address known by the office for each offender with an unsatisfied legal financial obligation.

(b) The billing shall direct payments to the county clerk.

(c) The county clerk shall provide the administrative office of the courts with notice of payments by such offenders no less frequently than weekly.

(d) The county clerks, the administrative office of the courts, and the department shall maintain agreements to implement this subsection.

(((13))) (12) The department shall arrange for the collection of unpaid legal financial obligations during any period of supervision in the community through the county clerk.

The department shall either collect unpaid legal financial obligations or arrange for collections through another entity if the clerk does not assume responsibility or is unable to continue to assume responsibility for collection pursuant to subsection (((5))) (4) of this section.

The costs for collection services shall be paid by the offender.

p.

6 HB 1024 (((14))) (13) The county clerk may access the records of the employment security department for the purposes of verifying employment or income, seeking any assignment of wages, or performing other duties necessary to the collection of an offender's legal financial obligations.

(((15))) (14) Nothing in this chapter makes the department, the state, the counties, or any state or county employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations or for the acts of any offender who is no longer, or was not, subject to supervision by the department for a term of community custody, and who remains under the jurisdiction of the court for payment of legal financial obligations.

Sec.

3.

RCW 10.01.160 and 2022 c 260 s 9 are each amended to read as follows:

(1) Except as provided in subsection (3) of this section, the court may require a defendant to pay costs.

Costs may be imposed only upon a convicted defendant, except for costs imposed upon a defendant's entry into a deferred prosecution program, costs imposed upon a defendant for pretrial supervision, or costs imposed upon a defendant for preparing and serving a warrant for failure to appear.

(2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant or in administering the deferred prosecution program under chapter 10.05 RCW or pretrial supervision.

They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law.

Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a defendant to pay.

Costs for administering a deferred prosecution may not exceed $250.

Costs for administering a pretrial supervision other than a pretrial electronic alcohol monitoring program, drug monitoring program, or 24/7 sobriety program may not exceed $150.

Costs for preparing and serving a warrant for failure to appear may not exceed $100.

((Costs of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor may not exceed the actual cost of incarceration.

In no case may the court require the offender to pay more than $100 per day for the cost of incarceration.

p.

7 HB 1024 Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision take precedence over the payment of the cost of incarceration ordered by the court.

All funds received from defendants for the cost of incarceration in the county or city jail must be remitted for criminal justice purposes to the county or city that is responsible for the defendant's jail costs.)) Costs imposed constitute a judgment against a defendant and survive a dismissal of the underlying action against the defendant.

However, if the defendant is acquitted on the underlying action, the costs for preparing and serving a warrant for failure to appear do not survive the acquittal, and the judgment that such costs would otherwise constitute shall be vacated.

(3)(a) In no case may the court require a person to pay for the cost of incarceration.

(b) The court shall not order a defendant to pay costs if the defendant at the time of sentencing is indigent.

In determining the amount and method of payment of costs for defendants who are not indigent, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

For the purposes of this section, a defendant is "indigent" if the defendant:

(a) Meets the criteria defined in RCW 10.101.010(3) (a) through (c);

(b) is homeless or mentally ill as defined in RCW 71.24.025;

(c) has household income above 125 percent of the federal poverty guidelines and has recurring basic living costs, as defined in RCW 10.101.010, that render the defendant without the financial ability to pay;

or (d) has other compelling circumstances that exist that demonstrate an inability to pay.

(4) A defendant who has been ordered to pay costs and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the sentencing court for remission of the payment of costs or of any unpaid portion thereof.

If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community p.

8 HB 1024 restitution.

Manifest hardship exists where the defendant is indigent as defined in subsection (3) of this section.

(5) Except for direct costs relating to evaluating and reporting to the court, prosecutor, or defense counsel regarding a defendant's competency to stand trial as provided in RCW 10.77.060, this section shall not apply to costs related to medical or mental health treatment or services a defendant receives while in custody of the secretary of the department of social and health services or other governmental units.

This section shall not prevent the secretary of the department of social and health services or other governmental units from imposing liability and seeking reimbursement from a defendant committed to an appropriate facility as provided in RCW 10.77.084 while criminal proceedings are stayed.

This section shall also not prevent governmental units from imposing liability on defendants for costs related to providing medical or mental health treatment while the defendant is in the governmental unit's custody.

Medical or mental health treatment and services a defendant receives at a state hospital or other facility are not a cost of prosecution and shall be recoverable under RCW 10.77.250 and 70.48.130, chapter 43.20B RCW, and any other applicable statute.

Sec.

4.

(2) "Base level of correctional services" means the minimum level of field services the department of corrections is required by p.statute to provide for the supervision and monitoring of ((offenders)) incarcerated persons.

1(3) SHB"Civil 1024judgment statutefor toassault" providemeans a civil judgment for themonetary supervisiondamages andawarded monitoringto a correctional officer or department employee entered by a court of ((offenders))competent jurisdiction against an ((inmate)) incarcerated persons.person that is based on, or arises from, injury to the correctional officer or department employee caused by the ((inmate)) incarcerated person while the correctional officer or p.

(3)9 "CivilHB judgment1024 for assault" means a civil judgment for monetary damages awarded to a correctional officer or department employee entered by a court of competent jurisdiction against an ((inmate)) incarcerated person that is based on, or arises from, injury to the correctional officer or department employee caused by the ((inmate)) incarcerated person while the correctional officer or department employee was acting in the course and scope of his or her employment.

p.(14) "Immediate family" means the ((inmate's)) incarcerated person's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, aunts, uncles, and a person legally married to or in a state registered domestic partnership with an ((inmate)) incarcerated person.

2 SHB 1024 (14) "Immediate family" means the ((inmate's)) incarcerated person's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, aunts, uncles, and a person legally married to or in a state registered domestic partnership with an ((inmate)) incarcerated person.

(15)p. "Indigent inmate," "indigent incarcerated person," "indigent," and "indigency" mean an ((inmate)) incarcerated person who has less than a $25 balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the 30 days previous to the request.

10 HB 1024 (15) "Indigent inmate," "indigent incarcerated person," "indigent," and "indigency" mean an ((inmate)) incarcerated person who has less than a $25 balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the 30 days previous to the request.

(19) "Physical restraint" means the use of any bodily force or physical intervention to control an ((offender)) incarcerated person p.or limit an ((offender's)) incarcerated person's freedom of movement in a way that does not involve a mechanical restraint.

3 SHB 1024 or limit an ((offender's)) incarcerated person's freedom of movement in a way that does not involve a mechanical restraint.

(b)p. Remove a disruptive ((offender)) incarcerated person who is unwilling to leave the area voluntarily;

11 HB 1024 (b) Remove a disruptive ((offender)) incarcerated person who is unwilling to leave the area voluntarily;

(23) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidenceevidence-based -based practices.

(26) "Significant expansion" includes any expansion into a new product line or service to the class I business that results from an p.increase in benefits provided by the department, including a decrease in labor costs, rent, or utility rates (for water, sewer, electricity, and disposal), an increase in work program space, tax advantages, or other overhead costs.

4 SHB 1024 increase in benefits provided by the department, including a decrease in labor costs, rent, or utility rates (for water, sewer, electricity, and disposal), an increase in work program space, tax advantages, or other overhead costs.

(28) "Transportation" means the conveying, by any means, of an incarcerated pregnant woman or youth from the correctional facility top. another location from the moment she leaves the correctional facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated woman or youth from the correctional facility to a transport vehicle and from the vehicle to the other location.

12 HB 1024 to another location from the moment she leaves the correctional facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated woman or youth from the correctional facility to a transport vehicle and from the vehicle to the other location.

3.5.

The p.legislature intends that the requirements relating to fair competition in the correctional industries work programs be liberally construed by the department to protect Washington businesses from unfair competition.

5 SHB 1024 legislature intends that the requirements relating to fair competition in the correctional industries work programs be liberally construed by the department to protect Washington businesses from unfair competition.

(a)p. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department.

13 HB 1024 (a) The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department.

If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal((federal)) state minimum wage.wage as described in RCW 49.46.020.

(f) An ((inmate)) incarcerated person who is employed in the class I program of correctional industries shall not be eligible for p.unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

6 SHB 1024 unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

(b)(i) The industries selected for development within this class shall, as much as possible, match the available pool of ((inmate)) incarceratedp. person work skills and aptitudes with the work opportunities in the free community.

14 HB 1024 incarcerated person work skills and aptitudes with the work opportunities in the free community.

p.(d)(i) Class II correctional industries products and services shall be reviewed by the department before offering such products and services for sale to private contractors.

7 SHB 1024 (d)(i) Class II correctional industries products and services shall be reviewed by the department before offering such products and services for sale to private contractors.

To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, by-products and surpluses ofp. timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale.

15 HB 1024 of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale.

(f) ((Inmates)) Incarcerated persons working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries, provided that the payment is no less than $1.50the perstate hour.minimum wage as described in RCW 49.46.020.

p.(iii) Whenever possible, to offset tax and other public support costs.

8(b) SHBClass 1024III (iii)correctional Wheneverindustries possible,shall tobe offsetreviewed taxby andthe otherdepartment publicto supportset costs.policy for work crews.

(b)The Classdepartment IIIshall ((correctional))prepare industriesquarterly shalldetail bestatements reviewedshowing bywhere thework departmentcrews toworked, setwhat policycorrectional forindustry workclass, crews.and the hours worked.

The department shall prepare quarterly detail statements showing where work crews worked, what ((correctional)) industry class, and the hours worked.

(d)p. All able and eligible ((inmates)) incarcerated persons who are assigned work and who are not working in other classes of industries shall work in this class.

16 HB 1024 (d) All able and eligible ((inmates)) incarcerated persons who are assigned work and who are not working in other classes of industries shall work in this class.

The scale shall be adopted)) approved by the secretary of corrections, provided that the payment is no less than $1.50 per hour and the monthlystate maximumminimum limitwage onas suchdescribed paymentin isRCW no49.46.020. less than $200.

(b) Class IV ((correctional))correctional industries shall be reviewed by the department to set policy for work crews.

The department shall prepare quarterly detail statements showing where work crews worked, what ((correctional))correctional industry class, and the hours worked.

Class IV ((correctional))correctional industries operated in work camps established pursuant to RCW 72.64.050 are exempt from the requirements of this subsection (4)(b).

(e) ((Inmates)) Incarcerated persons who work in this class of industries shall do so at their own choice and shall receive a p.gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located, provided that the payment is no less than the state minimum wage as described in RCW 49.46.020.

9 SHB 1024 gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

The purpose of this class of industries is to enable an ((inmate)) incarcerated person, placed on community supervision, to workp. off all or part of a community restitution order as ordered by the sentencing court.

17 HB 1024 work off all or part of a community restitution order as ordered by the sentencing court.

4.6.

5.7.

The secretary shall also deduct child support payments from the gratuities of each ((inmate)) incarcerated p.person working in class II through class IV correctional industries work programs.

10 SHB 1024 person working in class II through class IV correctional industries work programs.

(a)p. The formula shall include the following maximum allowable deductions from class I wages ((and from all others earning at least minimum wage)):

(i)18 FiveHB percent1024 to(a) The formula shall include the crimefollowing victims'maximum compensationallowable accountdeductions providedfrom inclass RCWI 7.68.045;wages ((and from all others earning at least minimum wage)):

(ii)(i) Ten((Five)) 10 percent to athe departmentcrime personalvictims' ((inmate))compensation savingsaccount account;provided in RCW 7.68.045;

(iii)(ii) ((Twenty))((Ten)) Five50 percent to thea department topersonal contribute((inmate)) tosavings theaccount; cost of incarceration;

(iv)(iii) Twenty((Twenty percent forto paymentthe ofdepartment legalto financialcontribute obligationsto forthe allcost ((inmates))of incarceratedincarceration; persons who have legal financial obligations owing in any Washington state superior court;

and(iv) (v)Twenty)) Twenty10 percent for payment of anylegal civilfinancial judgmentobligations for assaultall for ((inmates)) incarcerated persons who arehave subjectlegal tofinancial aobligations civilowing judgment for assault in any Washington state courtsuperior orcourt; federal court.

((and (v) Twenty)) (iv) 10 percent for payment of any civil judgment for assault for ((inmates)) incarcerated persons who are subject to a civil judgment for assault in any Washington state court or federal court;

and (v) 10 percent for debts owed to the department.

(i) Five((Five)) 10 percent to the crime victims' compensation account provided in RCW 7.68.045;

(ii) Ten((Ten)) 50 percent to a department personal ((inmate)) savings account;

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

(iv) TwentyTwenty)) 10 percent for payment of legal financial obligations for all ((inmates)) incarcerated persons who have legal financial obligations owing in any Washington state superior court;

(v)(((v) ((Fifteen))Fifteen)) Twenty(iv) 20 percent for any child support owed under a support order;

and((and (vi) ((Fifteen))Fifteen)) Twenty(v) 10 percent for payment of any civil judgment for assault for ((inmates)) incarcerated persons who are subject to a civil judgment for assault in any Washington state court or federal court.court;

and (vi) 10 percent for debts owed to the department.

(((c) The formula shall include the following minimum deductions from any workers' compensation benefits paid pursuant to RCW 51.32.080:

1119 SHBHB 1024 (((c)(i) TheFive formulapercent shallto include the followingcrime minimumvictims' deductions from any workers' compensation benefitsaccount paidprovided pursuantin to RCW 51.32.080:7.68.045;

(i) Five percent to the crime victims' compensation account provided in RCW 7.68.045;

p.(ii) Prior to the release from confinement to pay for department- approved reentry activities that promote successful community reintegration;

12 SHB 1024 (ii) Prior to the release from confinement to pay for department- approved reentry activities that promote successful community reintegration;

(b)p. The secretary shall establish guidelines for the release of funds pursuant to (a) of this subsection, giving consideration to the ((inmate's)) incarcerated person's need for resources at the time of his or her release from confinement.

20 HB 1024 (b) The secretary shall establish guidelines for the release of funds pursuant to (a) of this subsection, giving consideration to the ((inmate's)) incarcerated person's need for resources at the time of his or her release from confinement.

(5) In the event that the ((offender)) incarcerated person worker's wages, gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the crime victims' compensation account((,))account ((,)) and savings((, and cost of incarceration)) deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

p.(8) It shall be in the discretion of the secretary to apportion ((the inmates)) incarcerated persons between class I and class II depending on available contracts and resources.

13(9) SHBNothing 1024in (8)this Itsection shall belimit in the discretionauthority of the secretarydepartment toof apportionsocial ((the inmates)) incarcerated persons between class I and classhealth IIservices dependingdivision onof availablechild contractssupport andp. resources.

(9)21 NothingHB in1024 this section shall limit the authority of the department of social and health services division of child support from taking collection action against an ((inmate's)) incarcerated person's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW.

6.8.

(1) The department shall adopt, by rule, a system that clearly links an ((inmate's)) incarcerated person's behavior and participation in available education and work((work)) other reentry programs with the receipt or denial of earned early release days and other privileges.

An p.incarcerated person's earned early release days may not be reduced based on the person's choice to not participate in work programs.

14 SHB 1024 incarcerated person's earned early release days may not be reduced based on the person's choice to not participate in work programs.

Sec.p.

7.22 HB 1024 Sec.

9.

however, an incarcerated person's choice to not participate in a work program may not result in loss of privileges under section 911 of this act.

p.(ii) Achievement of vocational skills necessary for purposes of work programs and for an incarcerated individual to qualify for work upon release;

15 SHB 1024 (ii) Achievement of vocational skills necessary for purposes of work programs and for an incarcerated individual to qualify for work upon release;

and (iv)p. Other appropriate vocational, work, or education programs that are not necessary for compliance with an incarcerated individual's individual reentry plan under RCW 72.09.270 including postsecondary degree or certificate education programs.

23 HB 1024 (iv) Other appropriate vocational, work, or education programs that are not necessary for compliance with an incarcerated individual's individual reentry plan under RCW 72.09.270 including postsecondary degree or certificate education programs.

(e) Any funds collected by the department under (c) and (d) of this subsection and subsections (11) and (12) of this section shall p.be used solely for the creation, maintenance, or expansion of incarcerated individual educational and vocational programs.

16 SHB 1024 be used solely for the creation, maintenance, or expansion of incarcerated individual educational and vocational programs.

The program of educationp. established by the department and education provider under RCW 28A.193.020 for incarcerated individuals under the age of eighteen must provide each incarcerated individual a choice of curriculum that will assist the incarcerated individual in achieving a high school diploma or high school equivalency certificate.

24 HB 1024 education established by the department and education provider under RCW 28A.193.020 for incarcerated individuals under the age of eighteen must provide each incarcerated individual a choice of curriculum that will assist the incarcerated individual in achieving a high school diploma or high school equivalency certificate.

p.(b) The department shall establish, and periodically review, incarcerated individual behavior standards and program outcomes for all education and work programs.

17 SHB 1024 (b) The department shall establish, and periodically review, incarcerated individual behavior standards and program outcomes for all education and work programs.

(7)p. Eligible incarcerated individuals who refuse to participate in available education ((or work)) programs available at no charge to the incarcerated individuals shall lose privileges according to the system established under RCW 72.09.130.

25 HB 1024 (7) Eligible incarcerated individuals who refuse to participate in available education ((or work)) programs available at no charge to the incarcerated individuals shall lose privileges according to the system established under RCW 72.09.130.

When the department determines an incarcerated individual is temporarily unable to participate in an education or work program due p.to a medical condition, the incarcerated individual is exempt from the requirement of subsection (2) of this section for the period of time he or she is temporarily disabled.

18 SHB 1024 to a medical condition, the incarcerated individual is exempt from the requirement of subsection (2) of this section for the period of time he or she is temporarily disabled.

(11)p. The department shall establish policies requiring an incarcerated individual to pay all or a portion of the costs and tuition for any vocational training or postsecondary education program if the incarcerated individual previously abandoned coursework related to postsecondary degree or certificate education or vocational training without excuse as defined in rule by the department.

26 HB 1024 (11) The department shall establish policies requiring an incarcerated individual to pay all or a portion of the costs and tuition for any vocational training or postsecondary education program if the incarcerated individual previously abandoned coursework related to postsecondary degree or certificate education or vocational training without excuse as defined in rule by the department.

p.(13) If an incarcerated individual has participated in postsecondary education programs, the department shall provide the incarcerated individual with a copy of the incarcerated individual's unofficial transcripts, at no cost to the individual, upon the incarcerated individual's release or transfer to a different facility.

19Upon SHBthe 1024 (13) If an incarcerated individualindividual's hascompletion participatedof ina postsecondary education programs,program, the department shall provide theto incarcerated individual with a copy of the incarcerated individual'sindividual, unofficial transcripts, at no cost to the individual, upona thecopy incarceratedof individual'sthe releasep. or transfer to a different facility.

Upon27 theHB incarcerated1024 individual's completion of a postsecondary education program, the department shall provide to the incarcerated individual, at no cost to the individual, a copy of the incarcerated individual's unofficial transcripts.

8.10.

(a) "Cost(("Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.

(b)(b))) "Minimum term of confinement" means the minimum amount of time an ((inmate)) incarcerated person will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the ((inmate)) incarcerated person.

(c)(((c))) (b) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree.

(2) When an ((inmate)) incarcerated person, except as provided in subsection((s (4) and)) (8) of this section, receives any funds in addition to his or her wages or gratuities, except settlements or awards resulting from legal action, the additional funds shall be p.subject to the following maximum allowable deductions and the priorities established in chapter 72.11 RCW:

20(a) SHB((Five)) 102410 subjectpercent to the followingcrime maximumvictims' allowablecompensation deductionsaccount andprovided the priorities established in chapterRCW 72.117.68.045; RCW:

(a)(b) Five((Ten)) 50 percent to thea crimedepartment victims'personal compensation((inmate)) accountsavings providedaccount; in RCW 7.68.045;

(b)p. Ten percent to a department personal ((inmate)) savings account;

28 HB 1024 (c) Twenty((Twenty)) 10 percent for payment of legal financial obligations for all ((inmates)) incarcerated persons who have legal financial obligations owing in any Washington state superior court;

(d) Twenty((Twenty)) 20 percent for any child support owed under a support order;

(e) ((Twenty))((Twenty Five percent to the department to contribute to the cost of incarceration;

and (f) TwentyTwenty)) 10 percent for payment of any civil judgment for assault for all ((inmates)) incarcerated persons who are subject to a civil judgment for assault in any Washington state court or federal court.court;

and (f) 10 percent for debts owed to the department.

(4) When an ((inmate)) incarcerated person who is subject to a child support order receives funds from an inheritance, the deduction required under subsection (2)(e) and((and (f)(f))) of this section shall only apply after the child support obligation has been paid in full.

(b) The deductions required under subsection (2) of this section shall not apply to funds received by the department from a third party, including but not limited to a nonprofit entity on behalf of p.the department's education, vocation, or postsecondary education degree programs.

21(((7))) SHB(6) 1024The deductions required under subsection (2) of this section shall not apply to any money received by the department'sdepartment, education,on vocation,behalf orof postsecondaryan education((inmate)) degreeincarcerated programs.person, from family or other p.

(((7)))29 (6)HB The1024 deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an ((inmate)) incarcerated person, from family or other outside sources for the payment of postage expenses.

(((12))) (11) Nothing in this section shall limit the authority of the department of social and health services division of child support, the county clerk, or a restitution recipient from taking collection action against an ((inmate's)) incarcerated person's moneys, assets, or property pursuant to chapter 9.94A, 26.23, 74.20, or 74.20A RCW including, but not limited to, the collection of moneys p.

2230 SHBHB 1024 support, the county clerk, or a restitution recipient from taking collection action against an ((inmate's)) incarcerated person's moneys, assets, or property pursuant to chapter 9.94A, 26.23, 74.20, or 74.20A RCW including, but not limited to, the collection of moneys received by the ((inmate)) incarcerated person from settlements or awards resulting from legal action.

9.11.

10.12.

and (e) Determine the total amount of debt owed by all persons, regardless of incarceration status, to the department for items and services under (a) of this subsection;subsection.

(f) Identify any fees that are charged by the department, including any fees charged by third-party vendors that provide services to the department, for sending money to incarcerated persons, and provide an explanation of how such fees are established;

p.

23 SHB 1024 (g) Calculate the average amount collected by the department and any third-party vendors that provide services to the department per year as fees for sending money to an incarcerated person under subsection (f) of this section;

and (h) Determine the total amount of money sent to all incarcerated persons and the total amount of fees collected by the department and any third-party vendors that provide services to the department under subsection (f) of this section over the previous two-year period.

11.13.

and (2)p. RCW 72.09.410 (Work ethic camp program — Generally) and 2013 c 39 s 23 & 1993 c 338 s 3.

31 HB 1024 (2) RCW 72.09.410 (Work ethic camp program—Generally) and 2013 c 39 s 23 & 1993 c 338 s 3.

12.14.

Sections 1 through 911 and 1113 of this act take effect January 1, 2024.

NEW SECTION.

Sec.

13.

If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2023, in the omnibus appropriations act, this act is null and void.

2432 SHBHB 1024