Chapter 72.65 RCW

WORK RELEASE PROGRAM

Sections

72.65.010Definitions.
72.65.020Places of confinementExtension of limits authorized, conditionsApplication of section.
72.65.030Application of prisoner to participate in program, contentsApplication of section.
72.65.040Approval or denial of applicationAdoption of work release planTerms and conditionsRevocationReapplicationApplication of section.
72.65.050Disposition of earnings.
72.65.060Earnings not subject to legal process.
72.65.080Contracts with authorities for payment of expenses for housing participantsProcurement of housing facilities.
72.65.090Transportation, clothing, supplies for participants.
72.65.100Powers and duties of secretaryRules and regulationsCooperation of other state agencies directed.
72.65.110Earnings to be deposited in personal fundsDisbursements.
72.65.120Participants not considered agents or employees of the stateContracting with persons, companies, etc., for labor of participants prohibitedEmployee benefits and privileges extended to.
72.65.130Authority of board of prison terms and paroles not impaired.
72.65.200Participation in work release plan or program must be authorized by sentence or RCW 9.94A.728.
72.65.210Inmate participation eligibility standardsDepartment to conduct overall review of work release program.
72.65.220Facility siting process.
72.65.900Effective date1967 c 17.

NOTES:

Victims of crimes, reimbursement by convicted person as condition of work release or parole: RCW 7.68.120.


Definitions.

As used in this chapter, the following terms shall have the following meanings:
(1) "Department" shall mean the department of corrections.
(2) "Secretary" shall mean the secretary of corrections.
(3) "State correctional institutions" shall mean and include all state adult correctional facilities established pursuant to law under the jurisdiction of the department for the treatment of convicted felons sentenced to a term of confinement.
(4) "Prisoner" shall mean a person either male or female, convicted of a felony and sentenced by the superior court to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.
(5) "Superintendent" shall mean the superintendent of a state correctional institution, camp or other facility now or hereafter established under the jurisdiction of the department pursuant to law.

NOTES:

Effective date1981 c 136: See RCW 72.09.900.
Administrative departments and agenciesGeneral provisions: RCW 43.17.010, 43.17.020.



Places of confinementExtension of limits authorized, conditionsApplication of section.

(1) The secretary is authorized to extend the limits of the place of confinement and treatment within the state of any prisoner convicted of a felony, sentenced to a term of confinement and treatment by the superior court, and serving such sentence in a state correctional institution under the jurisdiction of the department, by authorizing a work release plan for such prisoner, permitting him or her, under prescribed conditions, to do any of the following:
(a) Work at paid employment;
(b) Participate in a vocational training program: PROVIDED, That the tuition and other expenses of such a vocational training program shall be paid by the prisoner, by someone in his or her behalf, or by the department: PROVIDED FURTHER, That any expenses paid by the department shall be recovered by the department pursuant to the terms of RCW 72.65.050;
(c) Interview or make application to a prospective employer or employers, or enroll in a suitable vocational training program.
Such work release plan of any prison shall require that he or she be confined during the hours not reasonably necessary to implement the plan , in (1) [(i)] a state correctional institution, (2) [(ii)] a county or city jail, which jail has been approved after inspection pursuant to *RCW 70.48.050, or (3) [(iii)] any other appropriate, supervised facility, after an agreement has been entered into between the department and the appropriate authorities of the facility for the housing of work release prisoners.
(2) This section applies only to persons sentenced for crimes that were committed before July 1, 1984.

NOTES:

*Reviser's note: RCW 70.48.050 was repealed by 1987 c 462 § 23, effective January 1, 1988.
Effective dates1984 c 209: See note following RCW 9.94A.030.



Application of prisoner to participate in program, contentsApplication of section.

(1) Any prisoner serving a sentence in a state correctional institution may make application to participate in the work release program to the superintendent of the institution in which he or she is confined. Such application shall set forth the name and address of his or her proposed employer or employers or shall specify the vocational training program, if any, in which he or she is enrolled. It shall include a statement to be executed by such prisoner that if his or her application be approved he or she agrees to abide faithfully by all terms and conditions of the particular work release plan adopted for him or her. It shall further set forth such additional information as the department or the secretary shall require.
(2) This section applies only to persons sentenced for crimes that were committed before July 1, 1984.

NOTES:

Effective dates1984 c 209: See note following RCW 9.94A.030.



Approval or denial of applicationAdoption of work release planTerms and conditionsRevocationReapplicationApplication of section.

(1) The superintendent of the state correctional institution in which a prisoner who has made application to participate in the work release program is confined, after careful study of the prisoner's conduct, attitude, and behavior within the institutions under the jurisdiction of the department, his or her criminal history and all other pertinent case history material, shall determine whether or not there is reasonable cause to believe that the prisoner will honor his or her trust as a work release participant. After having made such determination, the superintendent, in his or her discretion, may deny the prisoner's application, or recommend to the secretary, or such officer of the department as the secretary may designate, that the prisoner be permitted to participate in the work release program. The secretary or his or her designee, may approve, reject, modify, or defer action on such recommendation. In the event of approval, the secretary or his or her designee, shall adopt a work release plan for the prisoner, which shall constitute an extension of the limits of confinement and treatment of the prisoner when released pursuant thereto, and which shall include such terms and conditions as may be deemed necessary and proper under the particular circumstances. The plan shall be signed by the prisoner under oath that he or she will faithfully abide by all terms and conditions thereof. Further, as a condition, the plan shall specify where such prisoner shall be confined when not released for the purpose of the work release plan. At any time after approval has been granted to any prisoner to participate in the work release program, such approval may be revoked, and if the prisoner has been released on a work release plan, he or she may be returned to a state correctional institution, or the plan may be modified, in the sole discretion of the secretary or his or her designee. Any prisoner who has been initially rejected either by the superintendent or the secretary or his or her designee, may reapply for permission to participate in a work release program after a period of time has elapsed from the date of such rejection. This period of time shall be determined by the secretary or his or her designee, according to the individual circumstances in each case.
(2) This section applies only to persons sentenced for crimes that were committed before July 1, 1984.

NOTES:

Effective dates1984 c 209: See note following RCW 9.94A.030.



Disposition of earnings.

A prisoner employed under a work release plan shall surrender to the secretary, or to the superintendent of such state correctional institution as shall be designated by the secretary in the plan, his or her total earnings, less payroll deductions required by law, or such payroll deductions as may reasonably be required by the nature of the employment and less such amount which his or her work release plan specifies he or she should retain to help meet his or her personal needs, including costs necessary for his or her participation in the work release plan such as expenses for travel, meals, clothing, tools and other incidentals. The secretary, or the superintendent of the state correctional institution designated in the work release plan shall deduct from such earnings, and make payments from such work release participant's earnings in the following order of priority:
(1) Reimbursement to the department for any expenses advanced for vocational training pursuant to RCW 72.65.020(2), or for expenses incident to a work release plan pursuant to RCW 72.65.090.
(2) Payment of board and room charges for the work release participant: PROVIDED, That if the participant is housed at a state correctional institution, the average daily per capita cost for the operation of such correctional institution, excluding capital outlay expenditures, shall be paid from the work release participant's earnings to the general fund of the state treasury: PROVIDED FURTHER, That if such work release participant is housed in another facility pursuant to agreement, then the charges agreed to between the department and the appropriate authorities of such facility shall be paid from the participant's earnings to such appropriate authorities.
(3) Payments for the necessary support of the work release participant's dependents, if any.
(4) Ten percent for payment of legal financial obligations for all work release participants who have legal financial obligations owing in any Washington state superior court.
(5) Payments to creditors of the work release participant, which may be made at his or her discretion and request, upon proper proof of personal indebtedness.
(6) Payments to the work release participant himself or herself upon parole or discharge, or for deposit in his or her personal account if returned to a state correctional institution for confinement and treatment.



Earnings not subject to legal process.

The earnings of a work release participant shall not be subject to garnishment, attachment, or execution while such earnings are either in the possession of the employer or any state officer authorized to hold such funds, except for payment of a court-ordered legal financial obligation as that term is defined in RCW 72.11.010.

NOTES:

PurposeProspective applicationEffective datesSeverability1989 c 252: See notes following RCW 9.94A.030.



Contracts with authorities for payment of expenses for housing participantsProcurement of housing facilities.

The secretary may enter into contracts with the appropriate authorities for the payment of the cost of feeding and lodging and other expenses of housing work release participants. Such contracts may include any other terms and conditions as may be appropriate for the implementation of the work release program. In addition the secretary is authorized to acquire, by lease or contract, appropriate facilities for the housing of work release participants and providing for their subsistence and supervision. Such work release participants placed in leased or contracted facilities shall be required to reimburse the department the per capita cost of subsistence and lodging in accordance with the provisions and in the priority established by RCW 72.65.050(2). The location of such facilities shall be subject to the zoning laws of the city or county in which they may be situated.

NOTES:

Effective date1981 c 136: See RCW 72.09.900.
Effective date1969 c 109: "This act shall become effective on July 1, 1969." [ 1969 c 109 § 2.]



Transportation, clothing, supplies for participants.

The department may provide transportation for work release participants to the designated places of housing under the work release plan, and may supply suitable clothing and such other equipment, supplies and other necessities as may be reasonably needed for the implementation of the plans adopted for such participation from the community services revolving fund as established in RCW 9.95.360: PROVIDED, That costs and expenditures incurred for this purpose may be deducted by the department from the earnings of the participants and deposited in the community services revolving fund.



Powers and duties of secretaryRules and regulationsCooperation of other state agencies directed.

The secretary is authorized to make rules and regulations for the administration of the provisions of this chapter to administer the work release program. In addition, the department shall:
(1) Supervise and consult with work release participants;
(2) Locate available employment or vocational training opportunities for qualified work release participants;
(3) Effect placement of work release participants under the program;
(4) Collect, account for and make disbursement from earnings of work release participants under the provisions of this chapter, including accounting for all inmate debt in the community services revolving fund. RCW 9.95.370 applies to inmates assigned to work/training release facilities who receive assistance as provided in RCW 9.95.310, 9.95.320, 72.65.050, and 72.65.090;
(5) Promote public understanding and acceptance of the work release program.
All state agencies shall cooperate with the department in the administration of the work release program as provided by this chapter.

NOTES:

Effective date1981 c 136: See RCW 72.09.900.



Earnings to be deposited in personal fundsDisbursements.

All earnings of work release participants shall be deposited by the secretary, or the superintendent of a state correctional institution designated by the secretary in the work release plan, in personal funds. All disbursements from such funds shall be made only in accordance with the work release plans of such participants and in accordance with the provisions of this chapter.



Participants not considered agents or employees of the stateContracting with persons, companies, etc., for labor of participants prohibitedEmployee benefits and privileges extended to.

All participants who become engaged in employment or training under the work release program shall not be considered as agents, employees or involuntary servants of state and the department is prohibited from entering into a contract with any person, co-partnership, company or corporation for the labor of any participant under its jurisdiction: PROVIDED, That such work release participants shall be entitled to all benefits and privileges in their employment under the provisions of this chapter to the same extent as other employees of their employer, except that such work release participants shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged on expiration of their maximum sentences.



Authority of board of prison terms and paroles not impaired.

This chapter shall not be construed as affecting the authority of the *board of prison terms and paroles pursuant to the provisions of chapter 9.95 RCW over any person who has been approved for participation in the work release program.

NOTES:

*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.
Effective date1971 ex.s. c 58: See note following RCW 72.66.010.



Participation in work release plan or program must be authorized by sentence or RCW 9.94A.728.

The secretary may permit a prisoner to participate in any work release plan or program but only if the participation is authorized pursuant to the prisoner's sentence or pursuant to RCW 9.94A.728. This section shall become effective July 1, 1984.

NOTES:




Inmate participation eligibility standardsDepartment to conduct overall review of work release program.

(1) The department shall establish, by rule, inmate eligibility standards for participation in the work release program.
(2) The department shall:
(a) Conduct an annual examination of each work release facility and its security procedures;
(b) Investigate and set standards for the inmate supervision policies of each work release facility;
(c) Establish physical standards for future work release structures to ensure the safety of inmates, employees, and the surrounding communities;
(d) Evaluate its recordkeeping of serious infractions to determine if infractions are properly and consistently assessed against inmates eligible for work release;
(e) The department shall establish a written treatment plan best suited to the inmate's needs, cost, and the relationship of community placement and community corrections officers to a system of case management;
(f) Adopt a policy to encourage businesses employing work release inmates to contact the appropriate work release facility whenever an inmate is absent from his or her work schedule. The department of corrections shall provide each employer with written information and instructions on who should be called if a work release employee is absent from work or leaves the job site without authorization; and
(g) Develop a siting policy, in conjunction with cities, counties, community groups, and the *department of community, trade, and economic development for the establishment of additional work release facilities. Such policy shall include at least the following elements: (i) Guidelines for appropriate site selection of work-release facilities; (ii) notification requirements to local government and community groups of intent to site a work release facility; and (iii) guidelines for effective community relations by the work release program operator.
The department shall comply with the requirements of this section by July 1, 1990.

NOTES:

*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.



Facility siting process.

(1) The department or a private or public entity under contract with the department may establish or relocate for the operation of a work release or other community-based facility only after public notifications and local public meetings have been completed consistent with this section.
(2) The department and other state agencies responsible for siting department-owned, operated, or contracted facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities. This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives, including at least the following:
(a) When the department or a private or public entity under contract with the department has selected three or fewer sites for final consideration of a department-owned, operated, or contracted work release or other community-based facility, the department or contracting organization shall make public notification and conduct public hearings in the local communities of the final three or fewer proposed sites. An additional public hearing after public notification shall also be conducted in the local community selected as the final proposed site.
(b) Notifications required under this section shall be provided to the following:
(i) All newspapers of general circulation in the local area and all local radio stations, television stations, and cable networks;
(ii) Appropriate school districts, private schools, kindergartens, city and county libraries, and all other local government offices within a one-half mile radius of the proposed site or sites;
(iii) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department; and
(iv) In writing to all residents and/or property owners within a one-half mile radius of the proposed site or sites.
(3) When the department contracts for the operation of a work release or other community-based facility that is not owned or operated by the department, the department shall require as part of its contract that the contracting entity comply with all the public notification and public hearing requirements as provided in this section for each located and relocated work release or other community-based facility.

NOTES:

Effective date1994 c 271 § 1001: "Section 1001 of this act shall take effect July 1, 1994." [ 1994 c 271 § 1101.]
PurposeSeverability1994 c 271: See notes following RCW 9A.28.020.



Effective date1967 c 17.

This act shall become effective on July 1, 1967.