CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 6157

60th Legislature
2007 Regular Session

Passed by the Senate April 22, 2007
YEAS 41 NAYS 6

President of the Senate
Passed by the House April 21, 2007
YEAS 64 NAYS 33

CERTIFICATE
I, Thomas Hoemann, Secretary of
the
Senate
of
the
State
of
Washington, do hereby certify that
the
attached
is
ENGROSSED
SUBSTITUTE SENATE BILL 6157 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.

Speaker of the House of Representatives

Approved

Secretary

FILED

Secretary of State
State of Washington
Governor of the State of Washington

_____________________________________________
ENGROSSED SUBSTITUTE SENATE BILL 6157
_____________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2007 Regular Session
State of Washington

60th Legislature

2007 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senator
Prentice)
READ FIRST TIME 04/19/07.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

AN ACT Relating to reducing offender recidivism by increasing
access and coordination of offender services in communities through
inventories of services and community transition coordination network
pilot programs; by improving local law and justice councils to focus
their efforts on effective use of correctional resources and
coordination between state and local law enforcement and corrections
agencies; by developing and implementing individual reentry plans that
describe actions and services to prepare offenders for release from
jail or prison and require an offender to participate in available
programming directed in their plan in order to qualify for fifty
percent earned early release; by excluding the use of an individual
reentry plan as the basis in civil actions against local governments;
by requiring an offender released to community supervision to be
returned to the county of origin unless it is inappropriate due to
matters of victim safety, lack of family or other supports for the
offender in other locations, or negative influences on the offender in
that community; by requiring the department of corrections to prepare
a list of counties and rural multicounty areas for anticipated siting
of work release, community justice centers and other community-based
correctional facilities while making substantial efforts to provide for
the equitable distribution of the facilities; by studying and

p. 1

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

identifying evidence-based practices for work release; by increasing
the use of effective practices in residential and nonresidential
transition facilities for offenders under the jurisdiction of the
department of corrections; by permitting partial confinement in lieu of
earned early release up to three months; by requiring, upon a finding
at a third violation hearing that the offender committed a violation,
the return of an offender to total confinement to serve up to the
remaining portion of his or her sentence unless it is determined that
returning the offender would interfere with the offender's ability to
maintain community supports or participate in treatment and would
increase the likelihood of reoffending; by requiring an offender
arrested for a new felony while under community custody, community
placement, or community supervision to be held in confinement until a
hearing before the department or until a formal charge is filed,
whichever is earlier; by prohibiting an offender under community
custody, community placement, or community supervision who is found
guilty of a new felony after the effective date of this act from
qualifying for fifty percent earned early release; by creating a task
force to study and review the current laws and policy regarding
community custody and community supervision; by conducting a community
corrections workload study; by improving educational opportunities; by
providing liability protection for landlords who rent to former
offenders and entities participating in the transitional housing
program under certain conditions; by encouraging housing authorities to
formulate rental policies not overly burdensome to previously
incarcerated individuals; by establishing a transitional housing
program for offenders in need of stable housing; by allowing funds to
be disbursed from a personal inmate savings account in order to assist
an offender to secure appropriate housing; by establishing expedited
procedures for released offenders to obtain a driver's license or
identification card; by reviewing and recommending changes to
occupational licensing laws; and by adding appropriations for sections
305(2) and (4), section 304(1)(b)(ii)(D) and (E), and section 307 of
this act; amending RCW 72.09.300, 72.09.015, 9.94A.728, 9.94A.737,
72.09.460, 72.09.480, and 72.09.111; adding new sections to chapter
72.09 RCW; adding a new section to chapter 59.18 RCW; adding a new
section to chapter 35.82 RCW; adding a new section to chapter 43.185C
RCW; adding a new chapter to Title 72 RCW; creating new sections;

ESSB 6157.PL

p. 2

1

making appropriations; and providing expiration dates.

2

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

NEW SECTION. Sec. 1. The people of the state of Washington expect
to live in safe communities in which the threat of crime is minimized.
Attempting to keep communities safe by building more prisons and paying
the costs of incarceration has proven to be expensive to taxpayers.
Incarceration is a necessary consequence for some offenders, however,
the vast majority of those offenders will eventually return to their
communities.
Many of these former offenders will not have had the
opportunity to address the deficiencies that may have contributed to
their criminal behavior. Persons who do not have basic literacy and
job skills, or who are ill-equipped to make the behavioral changes
necessary to successfully function in the community, have a high risk
of reoffense.
Recidivism represents serious costs to victims, both
financial and nonmonetary in nature, and also burdens state and local
governments with those offenders who recycle through the criminal
justice system.
The legislature believes that recidivism can be reduced and a
substantial cost savings can be realized by utilizing evidence-based,
research-based, and promising programs to address offender deficits,
developing and better coordinating the reentry efforts of state and
local governments and local communities.
Research shows that if
quality assurances are adhered to, implementing an optimal portfolio of
evidence-based programming options for offenders who are willing to
take advantage of such programs can have a notable impact on
recidivism.
While the legislature recognizes that recidivism cannot be
eliminated and that a significant number of offenders are unwilling or
unable to work to develop the tools necessary to successfully
reintegrate into society, the interests of the public overall are
better served by better preparing offenders while incarcerated, and
continuing those efforts for those recently released from prison or
jail, for successful, productive, and healthy transitions to their
communities.
Educational, employment, and treatment opportunities
should be designed to address individual deficits and ideally give
offenders the ability to function in society.
In order to foster

p. 3

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

reintegration, this act recognizes the importance of a strong
partnership between the department of corrections, local governments,
law enforcement, social service providers, and interested members of
communities across our state.
PART I - COMMUNITY TRANSITION COORDINATION NETWORKS
NEW SECTION. Sec. 101. The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) A "community transition coordination network" is a system of
coordination that facilitates partnerships between supervision and
service providers. It is anticipated that an offender who is released
to the community will be able to utilize a community transition
coordination network to be connected directly to the supervision and/or
services needed for successful reentry.
(2) "Evidence-based" means a program or practice that has had
multiple-site random controlled trials across heterogeneous populations
demonstrating that the program or practice is effective in reducing
recidivism for the population.
(3) An "individual reentry plan" means the plan to prepare an
offender for release into the community. A reentry plan is developed
collaboratively between the supervising authority and the offender and
based on an assessment of the offender using a standardized and
comprehensive tool to identify the offenders' risks and needs.
An
individual reentry plan describes actions that should occur to prepare
individual offenders for release from jail or prison and specifies the
supervision and/or services he or she will experience in the community,
taking into account no contact provisions of the judgment and sentence.
An individual reentry plan should be updated throughout the period of
an offender's incarceration and supervision to be relevant to the
offender's current needs and risks.
(4) "Local community policing and supervision programs" include
probation, work release, jails, and other programs operated by local
police, courts, or local correctional agencies.
(5) "Promising practice" means a practice that presents, based on
preliminary information, potential for becoming a research-based or
consensus-based practice.

ESSB 6157.PL

p. 4

1
2
3
4
5

(6) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
(7) "Supervising authority" means the agency or entity that has the
responsibility for supervising an offender.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

NEW SECTION. Sec. 102. (1) Each county or group of counties shall
conduct an inventory of the services and resources available in the
county or group of counties to assist offenders in reentering the
community.
(2) In conducting its inventory, the county or group of counties
should consult with the following:
(a) The department of corrections, including community corrections
officers;
(b) The department of social and health services in applicable
program areas;
(c) Representatives from county human services departments and,
where applicable, multicounty regional support networks;
(d) Local public health jurisdictions;
(e) City and county law enforcement;
(f) Local probation/supervision programs;
(g) Local community and technical colleges;
(h) The local worksource center operated under the statewide
workforce investment system;
(i) Faith-based and nonprofit organizations providing assistance to
offenders;
(j) Housing providers;
(k) Crime victims service providers; and
(l) Other community stakeholders interested in reentry efforts.
(3) The inventory must include, but is not limited to:
(a) A list of programs available through the entities listed in
subsection (2) of this section and services currently available in the
community for offenders including, but not limited to, housing
assistance, employment assistance, education, vocational training,
parenting education, financial literacy, treatment for substance abuse,
mental health, anger management, life skills training, specialized
treatment programs such as batterers treatment and sex offender

p. 5

ESSB 6157.PL

1
2
3
4
5
6
7

treatment, and any other service or program that will assist the former
offender to successfully transition into the community; and
(b) An indication of the availability of community representatives
or volunteers to assist the offender with his or her transition.
(4) No later than January 1, 2008, each county or group of counties
shall present its inventory to the policy advisory committee convened
in section 103(8) of this act.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

NEW SECTION. Sec. 103. (1) The department of community, trade,
and economic development shall establish a community transition
coordination network pilot program for the purpose of awarding grants
to counties or groups of counties for implementing coordinated reentry
efforts for offenders returning to the community.
Grant awards are
subject to the availability of amounts appropriated for this specific
purpose.
(2) By September 1, 2007, the Washington state institute for public
policy shall, in consultation with the department of community, trade,
and economic development, develop criteria for the counties in
conducting its evaluation as directed by subsection (6)(c) of this
section.
(3) Effective February 1, 2008, any county or group of counties may
apply for participation in the community transition coordination
network pilot program by submitting a proposal for a community
transition coordination network.
(4) A proposal for a community transition coordination network
initiated under this section must be collaborative in nature and must
seek locally appropriate evidence-based or research-based solutions and
promising practices utilizing the participation of public and private
entities or programs to support successful, community-based offender
reentry.
(5) In developing a proposal for a community transition
coordination network, counties or groups of counties and the department
of corrections shall collaborate in addressing:
(a) Efficiencies that may be gained by sharing space or resources
in the provision of reentry services to offenders;
(b) Mechanisms for communication of information about offenders,
including the feasibility of shared access to databases;

ESSB 6157.PL

p. 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(c) Partnerships to establish neighborhood corrections initiatives
as defined in section 302 of this act.
(6) A proposal for a community transition coordination network must
include:
(a) Descriptions of collaboration and coordination between local
community policing and supervision programs and those agencies and
entities identified in the inventory conducted pursuant to section 102
of this act to address the risks and needs of offenders under a
participating county or city misdemeanant probation or other
supervision program including:
(i) A proposed method of assessing offenders to identify the
offenders' risks and needs. Counties and cities are encouraged, where
possible, to make use of assessment tools developed by the department
of corrections in this regard;
(ii) A proposal for developing and/or maintaining an individual
reentry plan for offenders;
(iii) Connecting offenders to services and resources that meet the
offender's needs as identified in his or her individual reentry plan
including the identification of community representatives or volunteers
that may assist the offender with his or her transition; and
(iv) The communication of assessment information, individual
reentry plans, and service information between parties involved with
offender's reentry;
(b) Mechanisms to provide information to former offenders regarding
services available to them in the community regardless of the length of
time since the offender's release and regardless of whether the
offender was released from prison or jail.
Mechanisms shall, at a
minimum, provide for:
(i) Maintenance of the information gathered in section 102 of this
act regarding services currently existing within the community that are
available to offenders; and
(ii) Coordination of access to existing services with community
providers and provision of information to offenders regarding how to
access the various type of services and resources that are available in
the community; and
(c) An evaluation of the county's or group of counties' readiness
to implement a community transition coordination network including the
social service needs of offenders in general, capacity of local

p. 7

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

facilities and resources to meet offenders' needs, and the cost to
implement and maintain a community transition coordination network for
the duration of the pilot project.
(7) The department of community, trade, and economic development
shall review county applications for funding through the community
transition coordination network pilot program and, no later than April
1, 2008, shall select up to four counties or groups of counties. In
selecting pilot counties or regions, the department shall consider the
extent to which the proposal:
(a) Addresses the requirements set out in subsection (6) of this
section;
(b) Proposes effective partnerships and coordination between local
community policing and supervision programs, social service and
treatment providers, and the department of corrections' community
justice center, if a center is located in the county or region;
(c) Focuses on measurable outcomes such as increased employment and
income, treatment objectives, maintenance of stable housing, and
reduced recidivism;
(d) Contributes to the diversity of pilot programs, considering
factors such as geographic location, size of county or region, and
reentry services currently available. The department shall ensure that
a grant is awarded to at least one rural county or group of counties
and at least one county or group of counties where a community justice
center operated by the department of corrections is located; and
(e) Is feasible, given the evaluation of the social service needs
of offenders, the existing capacity of local facilities and resources
to meet offenders' needs, and the cost to implement a community
transition coordination network in the county or group of counties.
(8) The department of community, trade, and economic development
shall convene a policy advisory committee composed of representatives
from the senate, the house of representatives, the governor's office of
financial management, the department of corrections, to include one
representative who is a community corrections officer, the office of
crime victims' advocacy, the Washington state association of counties,
association of Washington cities, a nonprofit provider of reentry
services, and an ex-offender who has discharged the terms of his or her
sentence. The advisory committee shall meet no less than annually to
receive status reports on the implementation of community transition

ESSB 6157.PL

p. 8

1
2
3
4
5
6
7
8
9

coordination networks, review annual reports and the pilot project
evaluations submitted pursuant to section 105 of this act, and identify
evidence-based, research-based, and promising practices for other
counties seeking to establish community transition coordination
networks.
(9) Pilot networks established under this section shall extend for
a period of four fiscal years, beginning July 1, 2008, and ending June
30, 2012.
(10) This section expires June 30, 2013.

10
11
12
13
14
15
16
17
18

NEW SECTION. Sec. 104. (1) Nothing in section 103 of this act is
intended to shift the supervising responsibility or sanctioning
authority from one government entity to another or give a community
transition coordination network oversight responsibility for those
activities or allow imposition of civil liability where none existed
previously.
(2) An individual reentry plan may not be used as the basis of
liability against local government entities, or its officers or
employees.

19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

NEW SECTION. Sec. 105. (1) It is the intent of the legislature to
provide funding for this project.
(2) Counties receiving state funds must:
(a) Demonstrate the funds allocated pursuant to this section will
be used only for those purposes in establishing and maintaining a
community transition coordination network;
(b) Consult with the Washington state institute for public policy
at the inception of the pilot project to refine appropriate outcome
measures and data tracking systems;
(c) Submit to the advisory committee established in section 103(8)
of this act an annual progress report by June 30th of each year of the
pilot project to report on identified outcome measures and identify
evidence-based, research-based, or promising practices;
(d) Cooperate with the Washington state institute for public policy
at the completion of the pilot project to conduct an evaluation of the
project.
(3) The Washington state institute for public policy shall provide
direction to counties in refining appropriate outcome measures for the

p. 9

ESSB 6157.PL

1
2
3
4
5
6
7
8
9

pilot projects and establishing data tracking systems.
At the
completion of the pilot project, the institute shall conduct an
evaluation of the projects including the benefit-cost ratio of service
delivery through a community transition coordination network,
associated reductions in recidivism, and identification of evidencebased, research-based, or promising practices.
The institute shall
report to the governor and the legislature with the results of its
evaluation no later than December 31, 2012.
(4) This section expires June 30, 2013.

10
11
12
13
14
15

NEW
network
receive
account
account
(2)

SECTION. Sec. 106. (1) The community transition coordination
account is created in the state treasury.
The account may
legislative appropriations, gifts, and grants. Moneys in the
may be spent only after appropriation. Expenditures from the
may be used only for the purposes of section 103 of this act.
This section expires June 30, 2013.

16
17
18
19
20
21

NEW SECTION. Sec. 107. Nothing in this act creates an entitlement
for a county or group of counties to receive funding under the program
created in section 103 of this act, nor an obligation for a county or
group of counties to maintain a community transition coordination
network established pursuant to section 103 of this act upon expiration
of state funding.

22
23
24
25
26
27
28
29
30
31
32
33
34

Sec. 108. RCW 72.09.300 and 1996 c 232 s 7 are each amended to
read as follows:
(1) Every county legislative authority shall by resolution or
ordinance establish a local law and justice council.
The county
legislative authority shall determine the size and composition of the
council, which shall include the county sheriff and a representative of
the municipal police departments within the county, the county
prosecutor and a representative of the municipal prosecutors within the
county, a representative of the city legislative authorities within the
county, a representative of the county's superior, juvenile, district,
and municipal courts, the county jail administrator, the county clerk,
the county risk manager, and the secretary of corrections and his or
her designees. Officials designated may appoint representatives.

ESSB 6157.PL

p. 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(2) A combination of counties may establish a local law and justice
council by intergovernmental agreement.
The agreement shall comply
with the requirements of this section.
(3) The local law and justice council ((shall develop a local law
and justice plan for the county. The council shall design the elements
and scope of the plan, subject to final approval by the county
legislative authority. The general intent of the plan shall include
seeking means to maximize)) may address issues related to:
(a) Maximizing local resources including personnel and facilities,
((reduce)) reducing duplication of services, and ((share)) sharing
resources between local and state government in order to accomplish
local efficiencies without diminishing effectiveness((. The plan shall
also include a section on jail management. This section may include
the following elements:
(a) A description of current jail conditions, including whether the
jail is overcrowded;
(b) A description of potential alternatives to incarceration;
(c) A description of current jail resources;
(d) A description of the jail population as it presently exists and
how it is projected to change in the future;
(e) A description of projected future resource requirements;
(f) A proposed action plan, which shall include recommendations to
maximize resources, maximize the use of intermediate sanctions,
minimize overcrowding, avoid duplication of services, and effectively
manage the jail and the offender population;
(g) A list of proposed advisory jail standards and methods to
effect periodic quality assurance inspections of the jail;
(h) A proposed plan to collect, synthesize, and disseminate
technical information concerning local criminal justice activities,
facilities, and procedures;
(i) A description of existing and potential services for offenders
including employment services, substance abuse treatment, mental health
services, and housing referral services.
(4) The council may propose other elements of the plan, which shall
be subject to review and approval by the county legislative authority,
prior to their inclusion into the plan.
(5)));
(b) Jail management;

p. 11

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(c) Mechanisms for communication of information about offenders,
including the feasibility of shared access to databases; and
(d) Partnerships between the department and local community
policing and supervision programs to facilitate supervision of
offenders under the respective jurisdictions of each and timely
response to an offender's failure to comply with the terms of
supervision.
(4) The county legislative authority may request technical
assistance in ((developing or implementing the plan from)) coordinating
services with other units or agencies of state or local government,
which shall include the department, the office of financial management,
and the Washington association of sheriffs and police chiefs.
(((6))) (5) Upon receiving a request for assistance from a county,
the department may provide the requested assistance.
(((7))) (6) The secretary may adopt rules for the submittal,
review, and approval of all requests for assistance made to the
department. ((The secretary may also appoint an advisory committee of
local and state government officials to recommend policies and
procedures relating to the state and local correctional systems and to
assist the department in providing technical assistance to local
governments. The committee shall include representatives of the county
sheriffs, the police chiefs, the county prosecuting attorneys, the
county and city legislative authorities, and the jail administrators.
The secretary may contract with other state and local agencies and
provide funding in order to provide the assistance requested by
counties.
(8) The department shall establish a base level of state
correctional services, which shall be determined and distributed in a
consistent manner statewide.
The department's contributions to any
local government, approved pursuant to this section, shall not operate
to reduce this base level of services.
(9) The council shall establish an advisory committee on juvenile
justice proportionality. The council shall appoint the county juvenile
court administrator and at least five citizens as advisory committee
members.
The
citizen
advisory
committee
members
shall
be
representative of the county's ethnic and geographic diversity. The
advisory committee members shall serve two-year terms and may be
reappointed. The duties of the advisory committee include:

ESSB 6157.PL

p. 12

1
2
3
4
5
6
7
8
9
10
11
12

(a) Monitoring and reporting to the sentencing guidelines
commission on the proportionality, effectiveness, and cultural
relevance of:
(i) The rehabilitative services offered by county and state
institutions to juvenile offenders; and
(ii) The rehabilitative services offered in conjunction with
diversions, deferred dispositions, community supervision, and parole;
(b)
Reviewing
citizen
complaints
regarding
bias
or
disproportionality in that county's juvenile justice system;
(c) By September 1 of each year, beginning with 1995, submit to the
sentencing guidelines commission a report summarizing the advisory
committee's findings under (a) and (b) of this subsection.))

13
14

NEW SECTION. Sec. 109. Sections 101 through 107 of this act
constitute a new chapter in Title 72 RCW.

15

PART II - INDIVIDUAL REENTRY PLAN

16
17
18
19
20
21
22
23
24
25
26
27

NEW SECTION. Sec. 201. Individual reentry plans are intended to
be a tool for the department of corrections to identify the needs of an
offender. Individual reentry plans are meant to assist the department
in targeting programming and services to offenders with the greatest
need and to the extent that those services are funded and available.
The state cannot meet every need that may have contributed to every
offender's criminal proclivities. Further, an individual reentry plan,
and the programming resulting from that plan, are not a guarantee that
an offender will not recidivate. Rather, the legislature intends that
by identifying offender needs and offering programs that have been
proven to reduce the likelihood of reoffense, the state will benefit by
an overall reduction in recidivism.

28
29
30
31
32
33

Sec. 202. RCW 72.09.015 and 2004 c 167 s 6 are each amended to
read as follows:
The definitions in this section apply throughout this chapter.
(1) "Adult basic education" means education or instruction designed
to achieve general competence of skills in reading, writing, and oral
communication, including English as a second language and preparation

p. 13

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

and testing services for obtaining a high school diploma or a general
equivalency diploma.
(2) "Base level of correctional services" means the minimum level
of field services the department of corrections is required by statute
to provide for the supervision and monitoring of offenders.
(((2))) (3) "Contraband" means any object or communication the
secretary determines shall not be allowed to be: (a) Brought into; (b)
possessed while on the grounds of; or (c) sent from any institution
under the control of the secretary.
(((3))) (4) "County" means a county or combination of counties.
(((4))) (5) "Department" means the department of corrections.
(((5))) (6) "Earned early release" means earned release as
authorized by RCW 9.94A.728.
(((6))) (7) "Evidence-based" means a program or practice that has
had multiple-site random controlled trials across heterogeneous
populations demonstrating that the program or practice is effective in
reducing recidivism for the population.
(8) "Extended family visit" means an authorized visit between an
inmate and a member of his or her immediate family that occurs in a
private visiting unit located at the correctional facility where the
inmate is confined.
(((7))) (9) "Good conduct" means compliance with department rules
and policies.
(((8))) (10) "Good performance" means successful completion of a
program required by the department, including an education, work, or
other program.
(((9))) (11) "Immediate family" means the inmate's children,
stepchildren, grandchildren, great grandchildren, parents, stepparents,
grandparents, great grandparents, siblings, and a person legally
married to an inmate. "Immediate family" does not include an inmate
adopted by another inmate or the immediate family of the adopted or
adopting inmate.
(((10))) (12) "Indigent inmate," "indigent," and "indigency" mean
an inmate who has less than a ten-dollar balance of disposable income
in his or her institutional account on the day a request is made to
utilize funds and during the thirty days previous to the request.
(((11))) (13) "Individual reentry plan" means the plan to prepare
an offender for release into the community.
It should be developed

ESSB 6157.PL

p. 14

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

collaboratively between the department and the offender and based on an
assessment of the offender using a standardized and comprehensive tool
to identify the offenders' risks and needs.
The individual reentry
plan describes actions that should occur to prepare individual
offenders for release from prison or jail, specifies the supervision
and services they will experience in the community, and describes an
offender's eventual discharge to aftercare upon successful completion
of supervision. An individual reentry plan is updated throughout the
period of an offender's incarceration and supervision to be relevant to
the offender's current needs and risks.
(14) "Inmate" means a person committed to the custody of the
department, including but not limited to persons residing in a
correctional institution or facility and persons released on furlough,
work release, or community custody, and persons received from another
state, state agency, county, or federal jurisdiction.
(((12))) (15) "Privilege" means any goods or services, education or
work programs, or earned early release days, the receipt of which are
directly linked to an inmate's (a) good conduct; and (b) good
performance.
Privileges do not include any goods or services the
department is required to provide under the state or federal
Constitution or under state or federal law.
(((13))) (16) "Promising practice" means a practice that presents,
based
on
preliminary
information,
potential
for
becoming
a
research-based or consensus-based practice.
(17) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
(18) "Secretary" means the secretary of corrections or his or her
designee.
(((14))) (19) "Significant expansion" includes any expansion into
a new product line or service to the class I business that results from
an 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.
(((15))) (20) "Superintendent" means the superintendent of a
correctional facility under the jurisdiction of the Washington state
department of corrections, or his or her designee.

p. 15

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14

(((16))) (21) "Unfair competition" means any net competitive
advantage that a business may acquire as a result of a correctional
industries contract, including labor costs, rent, tax advantages,
utility rates (water, sewer, electricity, and disposal), and other
overhead costs.
To determine net competitive advantage, the
correctional industries board shall review and quantify any expenses
unique to operating a for-profit business inside a prison.
(((17))) (22) "Vocational training" or "vocational education" means
"vocational education" as defined in RCW 72.62.020.
(23) "Washington business" means an in-state manufacturer or
service provider subject to chapter 82.04 RCW existing on June 10,
2004.
(((18))) (24) "Work programs" means all classes of correctional
industries jobs authorized under RCW 72.09.100.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

NEW SECTION. Sec. 203. A new section is added to chapter 72.09
RCW to read as follows:
(1) The department of corrections shall develop an individual
reentry plan as defined in RCW 72.09.015 for every offender who is
committed to the jurisdiction of the department except:
(a) Offenders who are sentenced to life without the possibility of
release or sentenced to death under chapter 10.95 RCW; and
(b) Offenders who are subject to the provisions of 8 U.S.C. Sec.
1227.
(2) The individual reentry plan may be one document, or may be a
series of individual plans that combine to meet the requirements of
this section.
(3) In developing individual reentry plans, the department shall
assess all offenders using standardized and comprehensive tools to
identify the criminogenic risks, programmatic needs, and educational
and vocational skill levels for each offender.
The assessment tool
should take into account demographic biases, such as culture, age, and
gender, as well as the needs of the offender, including any learning
disabilities, substance abuse or mental health issues, and social or
behavior deficits.
(4)(a) The initial assessment shall be conducted as early as
sentencing, but, whenever possible, no later than forty-five days of
being sentenced to the jurisdiction of the department of corrections.

ESSB 6157.PL

p. 16

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(b) The offender's individual reentry plan shall be developed as
soon as possible after the initial assessment is conducted, but,
whenever possible, no later than sixty days after completion of the
assessment, and shall be periodically reviewed and updated as
appropriate.
(5) The individual reentry plan shall, at a minimum, include:
(a) A plan to maintain contact with the inmate's children and
family, if appropriate. The plan should determine whether parenting
classes, or other services, are appropriate to facilitate successful
reunification with the offender's children and family;
(b) An individualized portfolio for each offender that includes the
offender's education achievements, certifications, employment, work
experience, skills, and any training received prior to and during
incarceration; and
(c) A plan for the offender during the period of incarceration
through reentry into the community that addresses the needs of the
offender including education, employment, substance abuse treatment,
mental health treatment, family reunification, and other areas which
are needed to facilitate a successful reintegration into the community.
(6)(a) Prior to discharge of any offender, the department shall:
(i) Evaluate the offender's needs and, to the extent possible,
connect the offender with existing services and resources that meet
those needs; and
(ii) Connect the offender with a community justice center and/or
community transition coordination network in the area in which the
offender will be residing once released from the correctional system if
one exists.
(b) If the department recommends partial confinement in an
offender's individual reentry plan, the department shall maximize the
period of partial confinement for the offender as allowed pursuant to
RCW 9.94A.728 to facilitate the offender's transition to the community.
(7) The department shall establish mechanisms for sharing
information from individual reentry plans to those persons involved
with the offender's treatment, programming, and reentry, when deemed
appropriate.
When feasible, this information shall be shared
electronically.
(8)(a) In determining the county of discharge for an offender
released to community custody or community placement, the department

p. 17

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

may not approve a residence location that is not in the offender's
county of origin unless it is determined by the department that the
offender's return to his or her county of origin would be inappropriate
considering any court-ordered condition of the offender's sentence,
victim safety concerns, negative influences on the offender in the
community, or the location of family or other sponsoring persons or
organizations that will support the offender.
(b) If the offender is not returned to his or her county of origin,
the department shall provide the law and justice council of the county
in which the offender is placed with a written explanation.
(c) For purposes of this section, the offender's county of origin
means the county of the offender's first felony conviction in
Washington.
(9) Nothing in this section creates a vested right in programming,
education, or other services.
PART III - PARTIAL CONFINEMENT AND SUPERVISION
NEW SECTION. Sec. 301. (1) The legislature intends that
Washington's work release centers be transformed into residential
reentry centers with the capacity to provide or connect offenders with
the full range of reentry services to achieve measurable outcomes. The
Washington state institute for public policy shall conduct a
comprehensive analysis and evaluation of residential reentry centers
and work release facilities to identify evidence-based, research-based,
and promising practices or programs for the state of Washington and the
necessary performance measures that show the greatest quality,
effectiveness, and efficiency of the program on key outcomes.
The
research should include an examination of reentry and work release
practices in both urban and rural areas and both inside and outside of
the state of Washington. The institute should identify what services
or combination of services should be provided to participants of
residential reentry centers and the length of time services should be
provided to optimize the successful transition of an offender back into
society.
(2) By May 1, 2008, the secretary of the department of corrections,
or the secretary's designee, shall convene and chair a work group to
review current laws and policy regarding work release.

ESSB 6157.PL

p. 18

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(3) In addition to the secretary of the department of corrections,
the following shall be members of the work group:
A representative
appointed by the governor, a community corrections officer, a
representative of the Washington association of prosecuting attorneys,
a representative of the superior court judges association, a member
selected by the Washington association of sheriffs and police chiefs,
a representative from the Washington state association of counties, a
representative
from
the
association
of
Washington
cities,
a
representative from contract work release facilities in the state, a
representative from state-run work release facilities in the state, a
representative from a nonprofit organization that works with former
offenders who have completed a work release program, a crime victims'
advocate, and a representative from the department of community, trade,
and economic development.
The secretary may designate a person to
serve in his or her place.
Members of the work group shall serve
without compensation.
(4) In conducting its review, the work group must review and make
recommendations for changes to corrections law and policies to ensure
that:
(a) Work release facilities are transformed into residential
reentry centers so that participants are provided with a combination of
reentry services that conform to evidence-based, research-based, or
promising practices as identified by the institute;
(b) Residential reentry centers lead to meaningful employment for
offenders participating in the program;
(c) A plan is identified to ensure that residential reentry centers
are distributed throughout the state;
(d) Residential reentry centers are of a size consistent with
evidence-based, research-based, or promising practices and appropriate
to the community in which they are located;
(e) Communities are given meaningful avenues for ongoing
consultation regarding the establishment and operation of residential
reentry centers in their area;
(f) Victim and community safety concerns are given priority when
determining appropriate placement in residential reentry centers for
individual offenders;
(g) Eligibility time to participate in residential reentry centers
is sufficient to make it a meaningful experience for offenders; and

p. 19

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10

(h) Programs have the necessary performance measures needed to
effectively monitor the quality, effectiveness, and efficiency of the
programs.
(5) To the extent practicable, the institute shall cooperate with
the work group.
(6)(a) The institute shall report its results and recommendations
to the governor and the legislature no later than November 15, 2007.
(b) The department of corrections shall report the results and
recommendations of the work group to the governor and the legislature
no later than November 15, 2008.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

NEW SECTION. Sec. 302. A new section is added to chapter 72.09
RCW to read as follows:
(1) The department shall continue to establish community justice
centers throughout the state for the purpose of providing comprehensive
services and monitoring for offenders who are reentering the community.
(2) For the purposes of this chapter, "community justice center" is
defined as a nonresidential facility staffed primarily by the
department in which recently released offenders may access services
necessary to improve their successful reentry into the community. Such
services may include but are not limited to, those listed in the
individual reentry plan, mental health, chemical dependency, sex
offender treatment, anger management, parenting education, financial
literacy, housing assistance, and employment assistance.
(3) At a minimum, the community justice center shall include:
(a) A violator program to allow the department to utilize a range
of available sanctions for offenders who violate conditions of their
supervision;
(b) An employment opportunity program to assist an offender in
finding employment; and
(c) Resources for connecting offenders with services such as
treatment,
transportation,
training,
family
reunification,
and
community services.
(4) In addition to any other programs or services offered by a
community justice center, the department shall designate a transition
coordinator to facilitate connections between the former offender and
the community. The department may designate transition coordination
services to be provided by a community transition coordination network

ESSB 6157.PL

p. 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

pursuant to section 103 of this act if one has been established in the
community where the community justice center is located and the
department has entered into a memorandum of understanding with the
county to share resources.
(5) The transition coordinator shall provide information to former
offenders regarding services available to them in the community
regardless of the length of time since the offender's release from the
correctional facility. The transition coordinator shall, at a minimum,
be responsible for the following:
(a) Gathering and maintaining information regarding services
currently existing within the community that are available to offenders
including, but not limited to:
(i) Programs offered through the department of social and health
services, the department of health, the department of licensing,
housing authorities, local community and technical colleges, other
state or federal entities which provide public benefits, and nonprofit
entities;
(ii) Services such as housing assistance, employment assistance,
education, vocational training, parent education, financial literacy,
treatment for substance abuse, mental health, anger management, and any
other service or program that will assist the former offender to
successfully transition into the community;
(b) Coordinating access to the existing services with the community
providers and provide offenders with information regarding how to
access the various type of services and resources that are available in
the community.
(6)(a) A minimum of six community justice centers shall be
operational by December 1, 2009.
The six community justice centers
include those in operation on the effective date of this section.
(b) By December 1, 2011, the department shall establish a minimum
of three additional community justice centers within the state.
(7) In locating new centers, the department shall:
(a) Give priority to the counties with the largest population of
offenders who were under the jurisdiction of the department of
corrections and that do not already have a community justice center;
(b) Ensure that at least two centers are operational in eastern
Washington; and

p. 21

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(c) Comply with section 303 of this act and all applicable zoning
laws and regulations.
(8) Before beginning the siting or opening of the new community
justice center, the department shall:
(a) Notify the city, if applicable, and the county within which the
community justice center is proposed. Such notice shall occur at least
sixty days prior to selecting a specific location to provide the
services listed in this section;
(b) Consult with the community providers listed in subsection (5)
of this section to determine if they have the capacity to provide
services to offenders through the community justice center; and
(c) Give due consideration to all comments received in response to
the notice of the start of site selection and consultation with
community providers.
(9) The department shall make efforts to enter into memoranda of
understanding or agreements with the local community policing and
supervision programs as defined in section 101 of this act in which the
community justice center is located to address:
(a) Efficiencies that may be gained by sharing space or resources
in the provision of reentry services to offenders, including services
provided
through
a
community
transition
coordination
network
established pursuant to section 103 of this act if a network has been
established in the county;
(b) Mechanisms for communication of information about offenders,
including the feasibility of shared access to databases;
(c) Partnerships to establish neighborhood corrections initiatives
between the department of corrections and local police to supervise
offenders.
(i) A neighborhood corrections initiative includes shared
mechanisms to facilitate supervision of offenders which may include
activities such as joint emphasis patrols to monitor high-risk
offenders, service of bench and secretary warrants and detainers, joint
field visits, connecting offenders with services, and, where
appropriate, directing offenders into sanction alternatives in lieu of
incarceration.
(ii) The agreement must address:
(A) The roles and responsibilities of police officers and
corrections staff participating in the partnership; and

ESSB 6157.PL

p. 22

1
2

(B) The amount of corrections staff and police officer time that
will be dedicated to partnership efforts.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

NEW SECTION. Sec. 303. A new section is added to chapter 72.09
RCW to read as follows:
(1) No later than July 1, 2007, and every biennium thereafter
starting with the biennium beginning July 1, 2009, the department shall
prepare a list of counties and rural multicounty geographic areas in
which work release facilities, community justice centers and other
community-based correctional facilities are anticipated to be sited
during the next three fiscal years and transmit the list to the office
of financial management and the counties on the list. The list may be
updated as needed.
(2) In preparing the list, the department shall make substantial
efforts to provide for the equitable distribution of work release,
community justice centers, or other community-based correctional
facilities among counties. The department shall give great weight to
the following factors in determining equitable distribution:
(a) The locations of existing residential facilities owned or
operated by, or operated under contract with, the department in each
county;
(b) The number and proportion of adult offenders sentenced to the
custody or supervision of the department by the courts of the county or
rural multicounty geographic area; and
(c) The number of adult registered sex offenders classified as
level II or III and adult sex offenders registered per thousand persons
residing in the county.
(3) For purposes of this section, "equitable distribution" means
siting or locating work release, community justice centers, or other
community-based correctional facilities in a manner that reasonably
reflects the proportion of offenders sentenced to the custody or
supervision of the department by the courts of each county or rural
multicounty geographic area designated by the department, and, to the
extent practicable, the proportion of offenders residing in particular
jurisdictions or communities within such counties or rural multicounty
geographic areas. Equitable distribution is a policy goal, not a basis
for any legal challenge to the siting, construction, occupancy, or
operation of any facility anywhere in the state.

p. 23

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

Sec. 304. RCW 9.94A.728 and 2004 c 176 s 6 are each amended to
read as follows:
No person serving a sentence imposed pursuant to this chapter and
committed to the custody of the department shall leave the confines of
the correctional facility or be released prior to the expiration of the
sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this
section, the term of the sentence of an offender committed to a
correctional facility operated by the department may be reduced by
earned release time in accordance with procedures that shall be
developed
and
promulgated
by
the
correctional
agency
having
jurisdiction in which the offender is confined.
The earned release
time shall be for good behavior and good performance, as determined by
the correctional agency having jurisdiction. The correctional agency
shall not credit the offender with earned release credits in advance of
the offender actually earning the credits.
Any program established
pursuant to this section shall allow an offender to earn early release
credits for presentence incarceration. If an offender is transferred
from a county jail to the department, the administrator of a county
jail facility shall certify to the department the amount of time spent
in custody at the facility and the amount of earned release time. An
offender who has been convicted of a felony committed after July 23,
1995, that involves any applicable deadly weapon enhancements under RCW
9.94A.533 (3) or (4), or both, shall not receive any good time credits
or earned release time for that portion of his or her sentence that
results from any deadly weapon enhancements.
(a) In the case of an offender convicted of a serious violent
offense, or a sex offense that is a class A felony, committed on or
after July 1, 1990, and before July 1, 2003, the aggregate earned
release time may not exceed fifteen percent of the sentence. In the
case of an offender convicted of a serious violent offense, or a sex
offense that is a class A felony, committed on or after July 1, 2003,
the aggregate earned release time may not exceed ten percent of the
sentence.
(b)(i) In the case of an offender who qualifies under (b)(ii) of
this subsection, the aggregate earned release time may not exceed fifty
percent of the sentence.

ESSB 6157.PL

p. 24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if he or
she:
(A) Is classified in one of the two lowest risk categories under
(b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
((and))
(C) Has no prior conviction for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(D) Participates in programming or activities as directed by the
offender's individual reentry plan as provided under section 203 of
this act to the extent that such programming or activities are made
available by the department; and
(E) Has not committed a new felony after the effective date of this
section while under community supervision, community placement, or

37

community custody.

p. 25

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

(iii) For purposes of determining an offender's eligibility under
this subsection (1)(b), the department shall perform a risk assessment
of every offender committed to a correctional facility operated by the
department who has no current or prior conviction for a sex offense, a
violent offense, a crime against persons as defined in RCW 9.94A.411,
a felony that is domestic violence as defined in RCW 10.99.020, a
violation of RCW 9A.52.025 (residential burglary), a violation of, or
an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by
manufacture or delivery or possession with intent to deliver
methamphetamine, or a violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor).
The department must classify each assessed
offender in one of four risk categories between highest and lowest
risk.
(iv) The department shall recalculate the earned release time and
reschedule the expected release dates for each qualified offender under
this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible
offenders serving terms of total confinement in a state correctional
facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders convicted
after July 1, 2010.
(c) In no other case shall the aggregate earned release time exceed
one-third of the total sentence;
(2)(a) A person convicted of a sex offense or an offense
categorized as a serious violent offense, assault in the second degree,
vehicular homicide, vehicular assault, assault of a child in the second
degree, any crime against persons where it is determined in accordance
with RCW 9.94A.602 that the offender or an accomplice was armed with a
deadly weapon at the time of commission, or any felony offense under
chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become
eligible, in accordance with a program developed by the department, for
transfer to community custody status in lieu of earned release time
pursuant to subsection (1) of this section;
(b) A person convicted of a sex offense, a violent offense, any
crime against persons under RCW 9.94A.411(2), or a felony offense under
chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may

ESSB 6157.PL

p. 26

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

become eligible, in accordance with a program developed by the
department, for transfer to community custody status in lieu of earned
release time pursuant to subsection (1) of this section;
(c) The department shall, as a part of its program for release to
the community in lieu of earned release, require the offender to
propose a release plan that includes an approved residence and living
arrangement.
All offenders with community placement or community
custody terms eligible for release to community custody status in lieu
of earned release shall provide an approved residence and living
arrangement prior to release to the community;
(d) The department may deny transfer to community custody status in
lieu of earned release time pursuant to subsection (1) of this section
if the department determines an offender's release plan, including
proposed residence location and living arrangements, may violate the
conditions of the sentence or conditions of supervision, place the
offender at risk to violate the conditions of the sentence, place the
offender at risk to reoffend, or present a risk to victim safety or
community safety.
The department's authority under this section is
independent of any court-ordered condition of sentence or statutory
provision regarding conditions for community custody or community
placement;
(e) If the department denies transfer to community custody status
in lieu of earned early release pursuant to (d) of this subsection, the
department may transfer an offender to partial confinement in lieu of
earned early release up to three months. The three months in partial
confinement is in addition to that portion of the offender's term of
confinement that may be served in partial confinement as provided in
this section;
(f) An offender serving a term of confinement imposed under RCW
9.94A.670(4)(a) is not eligible for earned release credits under this
section;
(3) An offender may leave a correctional facility pursuant to an
authorized furlough or leave of absence. In addition, offenders may
leave a correctional facility when in the custody of a corrections
officer or officers;
(4)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions exist:

p. 27

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(i) The offender has a medical condition that is serious enough to
require costly care or treatment;
(ii) The offender poses a low risk to the community because he or
she is physically incapacitated due to age or the medical condition;
and
(iii) Granting the extraordinary medical placement will result in
a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without
the possibility of release or parole is not eligible for an
extraordinary medical placement.
(c) The secretary shall require electronic monitoring for all
offenders in extraordinary medical placement unless the electronic
monitoring equipment interferes with the function of the offender's
medical equipment or results in the loss of funding for the offender's
medical care.
The secretary shall specify who shall provide the
monitoring services and the terms under which the monitoring shall be
performed.
(d) The secretary may revoke an extraordinary medical placement
under this subsection at any time;
(5) The governor, upon recommendation from the clemency and pardons
board, may grant an extraordinary release for reasons of serious health
problems, senility, advanced age, extraordinary meritorious acts, or
other extraordinary circumstances;
(6) No more than the final six months of the ((sentence))
offender's term of confinement may be served in partial confinement
designed to aid the offender in finding work and reestablishing himself
or herself in the community. This is in addition to that period of
earned early release time that may be exchanged for partial confinement
pursuant to subsection (2)(e) of this section;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement any
time within ten days before a release date calculated under this
section; and
(9) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been reduced as
provided in RCW 9.94A.870.
Notwithstanding any other provisions of this section, an offender
sentenced for a felony crime listed in RCW 9.94A.540 as subject to a

ESSB 6157.PL

p. 28

1
2
3
4
5

mandatory minimum sentence of total confinement shall not be released
from total confinement before the completion of the listed mandatory
minimum sentence for that felony crime of conviction unless allowed
under RCW 9.94A.540, however persistent offenders are not eligible for
extraordinary medical placement.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

Sec. 305. RCW 9.94A.737 and 2005 c 435 s 3 are each amended to
read as follows:
(1) If an offender violates any condition or requirement of
community custody, the department may transfer the offender to a more
restrictive confinement status to serve up to the remaining portion of
the sentence, less credit for any period actually spent in community
custody or in detention awaiting disposition of an alleged violation
and subject to the limitations of subsection (((2))) (3) of this
section.
(2) If an offender has not completed his or her maximum term of
total confinement and is subject to a third violation hearing for any
violation of community custody and is found to have committed the
violation, the department shall return the offender to total
confinement in a state correctional facility to serve up to the
remaining portion of his or her sentence, unless it is determined that
returning the offender to a state correctional facility would
substantially interfere with the offender's ability to maintain
necessary community supports or to participate in necessary treatment
or programming and would substantially increase the offender's
likelihood of reoffending.
(3)(a) For a sex offender sentenced to a term of community custody
under RCW 9.94A.670 who violates any condition of community custody,
the department may impose a sanction of up to sixty days' confinement
in a local correctional facility for each violation. If the department
imposes a sanction, the department shall submit within seventy-two
hours a report to the court and the prosecuting attorney outlining the
violation or violations and the sanctions imposed.
(b) For a sex offender sentenced to a term of community custody
under RCW 9.94A.710 who violates any condition of community custody
after having completed his or her maximum term of total confinement,
including time served on community custody in lieu of earned release,

p. 29

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

the department may impose a sanction of up to sixty days in a local
correctional facility for each violation.
(c) For an offender sentenced to a term of community custody under
RCW 9.94A.505(2)(b), 9.94A.650, or 9.94A.715, or under RCW 9.94A.545,
for a crime committed on or after July 1, 2000, who violates any
condition of community custody after having completed his or her
maximum term of total confinement, including time served on community
custody in lieu of earned release, the department may impose a sanction
of up to sixty days in total confinement for each violation.
The
department may impose sanctions such as work release, home detention
with electronic monitoring, work crew, community restitution, inpatient
treatment, daily reporting, curfew, educational or counseling sessions,
supervision enhanced through electronic monitoring, or any other
sanctions available in the community.
(d) For an offender sentenced to a term of community placement
under RCW 9.94A.705 who violates any condition of community placement
after having completed his or her maximum term of total confinement,
including time served on community custody in lieu of earned release,
the department may impose a sanction of up to sixty days in total
confinement for each violation. The department may impose sanctions
such as work release, home detention with electronic monitoring, work
crew, community restitution, inpatient treatment, daily reporting,
curfew, educational or counseling sessions, supervision enhanced
through electronic monitoring, or any other sanctions available in the
community.
(((3))) (4) If an offender has been arrested for a new felony
offense while under community supervision, community custody, or
community placement, the department shall hold the offender in total
confinement until a hearing before the department as provided in this
section or until the offender has been formally charged for the new
felony offense, whichever is earlier.
Nothing in this subsection
shall be construed as to permit the department to hold an offender past
his or her maximum term of total confinement if the offender has not
completed the maximum term of total confinement or to permit the
department to hold an offender past the offender's term of community
supervision, community custody, or community placement.
(5) The department shall be financially responsible for any portion

ESSB 6157.PL

p. 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

of the sanctions authorized by this section that are served in a local
correctional facility as the result of action by the department.
(6) If an offender is accused of violating any condition or
requirement of community custody, he or she is entitled to a hearing
before the department prior to the imposition of sanctions.
The
hearing shall be considered as offender disciplinary proceedings and
shall not be subject to chapter 34.05 RCW.
The department shall
develop hearing procedures and a structure of graduated sanctions.
(((4))) (7) The hearing procedures required under subsection
(((3))) (6) of this section shall be developed by rule and include the
following:
(a) Hearing officers shall report through a chain of command
separate from that of community corrections officers;
(b) The department shall provide the offender with written notice
of the violation, the evidence relied upon, and the reasons the
particular sanction was imposed. The notice shall include a statement
of the rights specified in this subsection, and the offender's right to
file a personal restraint petition under court rules after the final
decision of the department;
(c) The hearing shall be held unless waived by the offender, and
shall be electronically recorded.
For offenders not in total
confinement, the hearing shall be held within fifteen working days, but
not less than twenty-four hours, after notice of the violation. For
offenders in total confinement, the hearing shall be held within five
working days, but not less than twenty-four hours, after notice of the
violation;
(d) The offender shall have the right to: (i) Be present at the
hearing; (ii) have the assistance of a person qualified to assist the
offender in the hearing, appointed by the hearing officer if the
offender has a language or communications barrier; (iii) testify or
remain silent; (iv) call witnesses and present documentary evidence;
and (v) question witnesses who appear and testify; and
(e) The sanction shall take effect if affirmed by the hearing
officer. Within seven days after the hearing officer's decision, the
offender may appeal the decision to a panel of three reviewing officers
designated by the secretary or by the secretary's designee.
The
sanction shall be reversed or modified if a majority of the panel finds

p. 31

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

that the sanction was not reasonably related to any of the following:
(i) The crime of conviction; (ii) the violation committed; (iii) the
offender's risk of reoffending; or (iv) the safety of the community.
(((5))) (8) For purposes of this section, no finding of a violation
of conditions may be based on unconfirmed or unconfirmable allegations.
(((6))) (9) The department shall work with the Washington
association of sheriffs and police chiefs to establish and operate an
electronic monitoring program for low-risk offenders who violate the
terms of their community custody.
Between January 1, 2006, and
December 31, 2006, the department shall endeavor to place at least one
hundred low-risk community custody violators on the electronic
monitoring program per day if there are at least that many low-risk
offenders who qualify for the electronic monitoring program.
(((7))) (10) Local governments, their subdivisions and employees,
the department and its employees, and the Washington association of
sheriffs and police chiefs and its employees shall be immune from civil
liability for damages arising from incidents involving low-risk
offenders who are placed on electronic monitoring unless it is shown
that an employee acted with gross negligence or bad faith.

20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

NEW SECTION. Sec. 306. (1) A legislative task force on laws
related to community custody and community supervision is established.
(2) The task force shall be composed of fifteen members appointed
in the following manner:
(a) The president of the senate shall appoint one member from each
of the two largest caucuses of the senate;
(b) The speaker of the house of representatives shall appoint one
member from each of the two largest caucuses of the house of
representatives;
(c) The governor shall appoint the chair of the task force and the
following members:
(i) A superior court judge;
(ii) A representative of a prosecutor's association;
(iii) A defense attorney or representative of an organization of
defense attorneys;
(iv) A representative of local elected officials;
(v) A sheriff or representative of an organization of sheriffs;

ESSB 6157.PL

p. 32

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

(vi) A police chief or representative of an organization of police
chiefs;
(vii) A community corrections officer;
(viii) A crime victim or advocate;
(d) The following agencies shall also be represented on the task
force:
(i) The attorney general, or the attorney general's designee; and
(ii) The secretary of the department of corrections, or the
secretary's designee.
(3) The task force shall:
(a) Convene at the call of the chair by August 1, 2007;
(b) Review and analyze all statutes of the Revised Code of
Washington related to community custody and community supervision of
offenders;
(c) Make specific recommendations, if any, related to sentencing
laws that would allow the department of corrections and its community
corrections officers to more easily identify statutory requirements
associated with an offender's sentence;
(d) Make specific recommendations, if any, related to community
custody and community supervision laws that would allow the department
of corrections and its community corrections officers to more easily
identify statutory requirements associated with an offender's term of
community custody or supervision;
(e) Make specific recommendations, if any, related to the statutory
requirements of the violation hearing process that would enable the
department of corrections and its community corrections officers to
respond to an offender's behavior by imposing appropriate and timely
sanctions when necessary;
(f) Make specific recommendations related to definitions and
language used in the statutes, which would make the statutes easily
readable and unambiguous;
(g) Receive input from the public and interested stakeholders to
assist in making suggested changes; and
(h) Report its findings to the governor and legislature in the form
of a final report to be submitted by November 1, 2007.
(i) The report shall propose specific amendatory language wherever
possible, when making recommendations;

p. 33

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

(ii) Each recommendation in the report shall, whenever possible,
site to specific evidence-based programs or promising programs which
support the recommended change;
(iii) Each recommendation in the report shall, whenever possible,
site to a specific study from the Washington institute for public
policy, national institute for justice, bureau of justice assistance,
or other academic study supporting the suggested change;
(iv) The report shall contain a summary of public comment.
(4) The task force shall use legislative facilities, and staff
support shall be provided by the office of financial management, senate
committee services, and house of representatives office of program
research.
(5) The Washington institute for public policy, the department of
corrections, and the sentencing guidelines commission shall cooperate
with the task force and provide all information and support reasonably
requested by the task force.
(6) Nonlegislative members of the task force shall serve without
compensation, but shall be reimbursed for travel expenses as provided
in RCW 43.03.050 and 43.03.060.
(7) Legislative members of the task force shall be reimbursed for
travel expenses in accordance with RCW 44.04.120.
(8) This section expires December 31, 2007.

23
24
25
26

NEW SECTION. Sec. 307. The department of corrections shall
conduct an updated community corrections workload study and report the
results of that study to the governor and the legislature on or before
November 1, 2007.

27
28
29
30
31
32
33
34

PART IV - EDUCATION
NEW SECTION. Sec. 401. Research and practice show that long-term
success in helping offenders prepare for economic self-sufficiency
requires strategies that address their education and employment needs.
Recent research suggests that a solid academic foundation and
employment- and career-focused programs can be cost-effective in
reducing the likelihood of reoffense.
To this end, the legislature
intends that the state strive to provide every inmate with basic

ESSB 6157.PL

p. 34

1
2
3
4
5
6
7
8
9
10
11
12
13

academic skills as well as educational and vocational training designed
to meet the assessed needs of the offender.
Nonetheless, it is vital that offenders engaged in educational or
vocational training contribute to their own success.
An offender
should financially contribute to his or her education, particularly
postsecondary educational pursuits. The legislature intends to provide
more flexibility for offenders in obtaining postsecondary education by
allowing third parties to make contributions to the offender's
education without mandatory deductions.
In developing the loan
program, the department is encouraged to adopt rules and standards
similar to those that apply to students in noninstitutional settings
for issues such as applying for a loan, maintaining accountability, and
accruing interest on the loan obligation.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

Sec. 402. RCW 72.09.460 and 2004 c 167 s 5 are each amended to
read as follows:
(1) The legislature intends that all inmates be required to
participate in department-approved education programs, work programs,
or both, unless exempted ((under subsection (4) of)) as specifically
provided in this section. Eligible inmates who refuse to participate
in available education or work programs available at no charge to the
inmates shall lose privileges according to the system established under
RCW 72.09.130.
Eligible inmates who are required to contribute
financially to an education or work program and refuse to contribute
shall be placed in another work program. Refusal to contribute shall
not result in a loss of privileges.
(2) The legislature recognizes more inmates may agree to
participate in education and work programs than are available.
The
department must make every effort to achieve maximum public benefit by
placing inmates in available and appropriate education and work
programs.
(((2) The department shall provide access to a program of education
to all offenders who are under the age of eighteen and who have not met
high school graduation or general equivalency diploma requirements in
accordance with chapter 28A.193 RCW.
The program of education
established by the department and education provider under RCW
28A.193.020 for offenders under the age of eighteen must provide each
offender a choice of curriculum that will assist the inmate in

p. 35

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

achieving a high school diploma or general equivalency diploma. The
program of education may include but not be limited to basic education,
prevocational training, work ethic skills, conflict resolution
counseling, substance abuse intervention, and anger management
counseling. The curriculum may balance these and other rehabilitation,
work, and training components.))
(3)(a) The department shall, to the extent possible and considering
all available funds, prioritize its resources to meet the following
goals for inmates in the order listed:
(((a))) (i) Achievement of basic academic skills through obtaining
a high school diploma or its equivalent ((and));
(ii) Achievement of vocational skills necessary for purposes of
work programs and for an inmate to qualify for work upon release;
(((b) Additional work and education programs based on assessments
and placements under subsection (5) of this section; and
(c) Other work and education programs as appropriate.
(4) The department shall establish, by rule, objective medical
standards to determine when an inmate is physically or mentally unable
to participate in available education or work programs.
When the
department determines an inmate is permanently unable to participate in
any available education or work program due to a medical condition, the
inmate is exempt from the requirement under subsection (1) of this
section.
When the department determines an inmate is temporarily
unable to participate in an education or work program due to a medical
condition, the inmate is exempt from the requirement of subsection (1)
of this section for the period of time he or she is temporarily
disabled.
The department shall periodically review the medical
condition of all temporarily disabled inmates to ensure the earliest
possible entry or reentry by inmates into available programming.
(5) The department shall establish, by rule, standards for
participation in department-approved education and work programs. The
standards shall address the following areas:
(a) Assessment. The department shall assess all inmates for their
basic academic skill levels using a professionally accepted method of
scoring reading, math, and language skills as grade level equivalents.
The department shall determine an inmate's education history, work
history, and vocational or work skills. The initial assessment shall
be conducted, whenever possible, within the first thirty days of an

ESSB 6157.PL

p. 36

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

inmate's entry into the correctional system, except that initial
assessments are not required for inmates who are sentenced to life
without the possibility of release, assigned to an intensive management
unit within the first thirty days after entry into the correctional
system, are returning to the correctional system within one year of a
prior release, or whose physical or mental condition renders them
unable to complete the assessment process. The department shall track
and record changes in the basic academic skill levels of all inmates
reflected in any testing or assessment performed as part of their
education programming;
(b) Placement. The department shall follow the policies set forth
in subsection (1) of this section in establishing criteria for placing
inmates in education and work programs. The department shall, to the
extent possible, place all inmates whose composite grade level score
for basic academic skills is below the eighth grade level in a combined
education and work program. The placement criteria shall include at
least the following factors)) (iii) Additional work and education
programs necessary for compliance with an offender's individual reentry
plan under section 203 of this act with the exception of postsecondary
education degree programs as provided in section 403 of this act; and
(iv) Other appropriate vocational, work, or education programs that
are not necessary for compliance with an offender's individual reentry
plan under section 203 of this act with the exception of postsecondary
education degree programs as provided in section 403 of this act.
(b) If programming is provided pursuant to (a)(i) through (iii) of
this subsection, the department shall pay the cost of such programming,
including but not limited to books, materials, supplies, and postage
costs related to correspondence courses.
(c) If programming is provided pursuant to (a)(iv) of this
subsection, inmates shall be required to pay all or a portion of the
costs, including books, fees, and tuition, for participation in any
vocational, work, or education program as provided in department
policies. Department policies shall include a formula for determining
how much an offender shall be required to pay.
The formula shall
include steps which correlate to an offender average monthly income or
average available balance in a personal inmate savings account and
which are correlated to a prorated portion or percent of the per credit
fee for tuition, books, or other ancillary costs. The formula shall be

p. 37

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

reviewed every two years.
A third party may pay directly to the
department all or a portion of costs and tuition for any programming
provided pursuant to (a)(iv) of this subsection on behalf of an inmate.
Such payments shall not be subject to any of the deductions as provided
in this chapter.
(d) The department may accept any and all donations and grants of
money, equipment, supplies, materials, and services from any third
party, including but not limited to nonprofit entities, and may
receive, utilize, and dispose of same to complete the purposes of this
section.
(e) Any funds collected by the department under (c) and (d) of this
subsection and subsections (8) and (9) of this section shall be used
solely for the creation, maintenance, or expansion of inmate
educational and vocational programs.
(4) The department shall provide access to a program of education
to all offenders who are under the age of eighteen and who have not met
high school graduation or general equivalency diploma requirements in
accordance with chapter 28A.193 RCW.
The program of education
established by the department and education provider under RCW
28A.193.020 for offenders under the age of eighteen must provide each
offender a choice of curriculum that will assist the inmate in
achieving a high school diploma or general equivalency diploma. The
program of education may include but not be limited to basic education,
prevocational training, work ethic skills, conflict resolution
counseling, substance abuse intervention, and anger management
counseling. The curriculum may balance these and other rehabilitation,
work, and training components.
(5)(a) In addition to the policies set forth in this section, the
department shall consider the following factors in establishing
criteria for assessing the inclusion of education and work programs in
an inmate's individual reentry plan and in placing inmates in education
and work programs:
(i) An inmate's release date and custody level. An inmate shall
not be precluded from participating in an education or work program
solely on the basis of his or her release date, except that inmates
with a release date of more than one hundred twenty months in the
future shall not comprise more than ten percent of inmates

ESSB 6157.PL

p. 38

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

participating in a new class I correctional industry not in existence
on June 10, 2004;
(ii) An inmate's education history and basic academic skills;
(iii) An inmate's work history and vocational or work skills;
(iv) An inmate's economic circumstances, including but not limited
to an inmate's family support obligations; and
(v) Where applicable, an inmate's prior performance in departmentapproved education or work programs;
(((c) Performance and goals.)) (b) The department shall establish,
and periodically review, inmate behavior standards and program goals
for all education and work programs.
Inmates shall be notified of
applicable behavior standards and program goals prior to placement in
an education or work program and shall be removed from the education or
work program if they consistently fail to meet the standards or
goals((;
(d) Financial responsibility. (i) The department shall establish
a formula by which inmates, based on their ability to pay, shall pay
all or a portion of the costs or tuition of certain programs. Inmates
shall, based on the formula, pay a portion of the costs or tuition of
participation in:
(A) Second and subsequent vocational programs associated with an
inmate's work programs; and
(B) An associate of arts or baccalaureate degree program when
placement in a degree program is the result of a placement made under
this subsection;
(ii) Inmates shall pay all costs and tuition for participation in:
(A) Any postsecondary academic degree program which is entered
independently of a placement decision made under this subsection; and
(B) Second and subsequent vocational programs not associated with
an inmate's work program.
Enrollment in any program specified in (d)(ii) of this subsection
shall only be allowed by correspondence or if there is an opening in an
education or work program at the institution where an inmate is
incarcerated and no other inmate who is placed in a program under this
subsection will be displaced; and
(e) Notwithstanding any other provision in this section, an inmate
sentenced to life without the possibility of release:

p. 39

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(i) Shall not be required to participate in education programming;
and
(ii) May receive not more than one postsecondary academic degree in
a program offered by the department or its contracted providers.
If an inmate sentenced to life without the possibility of release
requires prevocational or vocational training for a work program, he or
she may participate in the training subject to this section.
(6) The department shall coordinate education and work programs
among its institutions, to the greatest extent possible, to facilitate
continuity
of
programming
among
inmates
transferred
between
institutions. Before transferring an inmate enrolled in a program, the
department shall consider the effect the transfer will have on the
inmate's ability to continue or complete a program. This subsection
shall not be used to delay or prohibit a transfer necessary for
legitimate safety or security concerns.
(7) Before construction of a new correctional institution or
expansion of an existing correctional institution, the department shall
adopt a plan demonstrating how cable, closed-circuit, and satellite
television will be used for education and training purposes in the
institution. The plan shall specify how the use of television in the
education and training programs will improve inmates' preparedness for
available work programs and job opportunities for which inmates may
qualify upon release.
(8) The department shall adopt a plan to reduce the per-pupil cost
of instruction by, among other methods, increasing the use of volunteer
instructors and implementing technological efficiencies.
The plan
shall be adopted by December 1996 and shall be transmitted to the
legislature upon adoption. The department shall, in adoption of the
plan, consider distance learning, satellite instruction, video tape
usage, computer-aided instruction, and flexible scheduling of offender
instruction.
(9) Following completion of the review required by section 27(3),
chapter 19, Laws of 1995 1st sp. sess. the department shall take all
necessary steps to assure the vocation and education programs are
relevant to work programs and skills necessary to enhance the
employability of inmates upon release)).
(6) Eligible inmates who refuse to participate in available
education or work programs available at no charge to the inmates shall

ESSB 6157.PL

p. 40

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

lose privileges according to the system established under RCW
72.09.130. Eligible inmates who are required to contribute financially
to an education or work program and refuse to contribute shall be
placed in another work program. Refusal to contribute shall not result
in a loss of privileges.
(7) The department shall establish, by rule, objective medical
standards to determine when an inmate is physically or mentally unable
to participate in available education or work programs.
When the
department determines an inmate is permanently unable to participate in
any available education or work program due to a health condition, the
inmate is exempt from the requirement under subsection (1) of this
section.
When the department determines an inmate is temporarily
unable to participate in an education or work program due to a medical
condition, the inmate is exempt from the requirement of subsection (1)
of this section for the period of time he or she is temporarily
disabled.
The department shall periodically review the medical
condition of all inmates with temporary disabilities to ensure the
earliest possible entry or reentry by inmates into available
programming.
(8) The department shall establish policies requiring an offender
to pay all or a portion of the costs and tuition for any vocational
training or postsecondary education program if the offender previously
abandoned coursework related to education or vocational training
without excuse as defined in rule by the department.
Department
policies shall include a formula for determining how much an offender
shall be required to pay.
The formula shall include steps which
correlate to an offender average monthly income or average available
balance in a personal inmate savings account and which are correlated
to a prorated portion or percent of the per credit fee for tuition,
books, or other ancillary costs. The formula shall be reviewed every
two years. A third party may pay directly to the department all or a
portion of costs and tuition for any program on behalf of an inmate
under this subsection. Such payments shall not be subject to any of
the deductions as provided in this chapter.
(9) Notwithstanding any other provision in this section, an inmate
sentenced to life without the possibility of release, sentenced to
death under chapter 10.95 RCW, or subject to the provisions of 8 U.S.C.
Sec. 1227:

p. 41

ESSB 6157.PL

1
2
3
4
5
6
7
8
9

(a) Shall not be required to participate in education programming
except as may be necessary for the maintenance of discipline and
security;
(b) May receive not more than one postsecondary academic degree in
a program offered by the department or its contracted providers;
(c) May participate in prevocational or vocational training that
may be necessary to participate in a work program;
(d) Shall be subject to the applicable provisions of this chapter
relating to inmate financial responsibility for programming.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

NEW SECTION. Sec. 403. A new section is added to chapter 72.09
RCW to read as follows:
(1) The department shall, if funds are appropriated for the
specific purpose, implement postsecondary education degree programs
within
state
correctional
institutions,
including
the
state
correctional institution with the largest population of female inmates.
The department shall consider for inclusion in any postsecondary
education degree program, any postsecondary education degree program
from an accredited community college, college, or university that is
part of an associate of arts, baccalaureate, masters of arts, or other
graduate degree program.
(2) Except as provided in subsection (3) of this section, inmates
shall be required to pay the costs for participation in any
postsecondary education degree programs established under this
subsection, including books, fees, tuition, or any other appropriate
ancillary costs, by one or more of the following means:
(a) The inmate who is participating in the postsecondary education
degree program shall, during confinement, provide the required payment
or payments to the department; or
(b) A third party shall provide the required payment or payments
directly to the department on behalf of an inmate, and such payments
shall not be subject to any of the deductions as provided in this
chapter.
(3) The department may accept any and all donations and grants of
money, equipment, supplies, materials, and services from any third
party, including but not limited to nonprofit entities, and may
receive, utilize, and dispose of same to provide postsecondary
education to inmates.

ESSB 6157.PL

p. 42

1
2
3

(4) Any funds collected by the department under this section and
RCW 72.09.450(4) shall be used solely for the creation, maintenance, or
expansion of inmate postsecondary education degree programs.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

Sec. 404. RCW 72.09.480 and 2003 c 271 s 3 are each amended to
read as follows:
(1) Unless the context clearly requires otherwise, the definitions
in this section apply to this section.
(a) "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) "Minimum term of confinement" means the minimum amount of time
an inmate 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.
(c) "Program" means any series of courses or classes necessary to
achieve a proficiency standard, certificate, or postsecondary degree.
(2) When an inmate, except as provided in subsection (7) 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 subject to the following deductions and
the priorities established in chapter 72.11 RCW:
(a) Five percent to the public safety and education account for the
purpose of crime victims' compensation;
(b) Ten percent to a department personal inmate savings account;
(c) Twenty percent to the department to contribute to the cost of
incarceration;
(d) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court; and
(e) Fifteen percent for any child support owed under a support
order.
(3) When an inmate, except as provided in subsection (7) of this
section, receives any funds from a settlement or award resulting from

p. 43

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

a legal action, the additional funds shall be subject to the deductions
in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11
RCW.
(4) The amount deducted from an inmate's funds under subsection (2)
of this section shall not exceed the department's total cost of
incarceration for the inmate incurred during the inmate's minimum or
actual term of confinement, whichever is longer.
(5)(a) The deductions required under subsection (2) of this section
shall not apply to funds received by the department from an offender or
from a third party on behalf of an offender for payment of ((one feebased)) education or vocational programs ((that is associated with an
inmate's work program or a placement decision made by the department
under RCW 72.09.460 to prepare an inmate for work upon release.
An inmate may, prior to the completion of the fee-based education
or vocational program authorized under this subsection, apply to a
person designated by the secretary for permission to make a change in
his or her program. The secretary, or his or her designee, may approve
the application based solely on the following criteria: (a) The inmate
has been transferred to another institution by the department for
reasons unrelated to education or a change to a higher security
classification and the offender's current program is unavailable in the
offender's new placement; (b) the inmate entered an academic program as
an undeclared major and wishes to declare a major. No inmate may apply
for more than one change to his or her major and receive the exemption
from deductions specified in this subsection; (c) the educational or
vocational institution is terminating the inmate's current program; or
(d) the offender's training or education has demonstrated that the
current program is not the appropriate program to assist the offender
to achieve a placement decision made by the department under RCW
72.09.460 to prepare the inmate for work upon release)) or
postsecondary education degree programs as provided in RCW 72.09.460
and section 403 of this act.
(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 the
department's education, vocation, or postsecondary education degree
programs.

ESSB 6157.PL

p. 44

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

(6) The deductions required under subsection (2) of this section
shall not apply to any money received by the department, on behalf of
an inmate, from family or other outside sources for the payment of
postage expenses.
Money received under this subsection may only be
used for the payment of postage expenses and may not be transferred to
any other account or purpose.
Money that remains unused in the
inmate's postage fund at the time of release shall be subject to the
deductions outlined in subsection (2) of this section.
(7) When an inmate sentenced to life imprisonment without
possibility of release or parole, or to death under chapter 10.95 RCW,
receives any funds in addition to his or her gratuities, except
settlements or awards resulting from legal action, the additional funds
shall be subject to: Deductions of five percent to the public safety
and education account for the purpose of crime victims' compensation,
twenty percent to the department to contribute to the cost of
incarceration, and fifteen percent to child support payments.
(8) When an inmate sentenced to life imprisonment without
possibility of release or parole, or to death under chapter 10.95 RCW,
receives any funds from a settlement or award resulting from a legal
action in addition to his or her gratuities, the additional funds shall
be subject to: Deductions of five percent to the public safety and
education account for the purpose of crime victims' compensation and
twenty percent to the department to contribute to the cost of
incarceration.
(9) The interest earned on an inmate savings account created as a
result of the plan in section 4, chapter 325, Laws of 1999 shall be
exempt from the mandatory deductions under this section and RCW
72.09.111.
(10) Nothing in 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 moneys, assets, or
property pursuant to chapter 26.23, 74.20, or 74.20A RCW including, but
not limited to, the collection of moneys received by the inmate from
settlements or awards resulting from legal action.

35
36
37

NEW SECTION. Sec. 405. (1) The department of corrections and the
state board for community and technical colleges, in cooperation with
the unions representing academic employees in corrections education

p. 45

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

programs, shall investigate and review methods to optimize educational
and vocational programming opportunities to meet the needs of each
offender as identified in his or her individual reentry plan while an
offender is under the jurisdiction of the department.
(2) In conducting its review, the department and state board shall
consider and make recommendations regarding:
(a) Technological advances which could serve to expand educational
programs and vocational training including, but not limited to,
distance learning, satellite instruction, videotape usage, computer
aided instruction, and flexible scheduling and also considering the
infrastructure, resources, and security that would be needed to
implement the program or training. These advances shall be assessed
for their ability to provide the most cost-efficient and effective
programming for offenders;
(b) Methods to ensure that educational programs and vocational
training are relevant to enhance the employability of offenders upon
release; and
(c) Long-term methods for maintaining channels of communication
between the department, state board administration, academic employees,
and students.
(3) The department and state board shall report to the governor and
the legislature no later than July 1, 2008.

23
24
25
26
27
28
29
30
31

NEW SECTION. Sec. 406. (1) The Washington state institute for
public policy shall conduct a comprehensive analysis and evaluation of
evidence-based, research-based, and promising correctional education
programs and the extent to which Washington's programs are in accord
with these practices.
In gathering data regarding correctional
education programs, the institute may consult with academic employees
from correctional education programs.
(2) The institute shall report to the governor and the legislature
no later than November 15, 2007.

32
33
34

PART V - EMPLOYMENT BARRIERS
NEW SECTION. Sec. 501. On or before October 1, 2007, the
department of corrections and the department of licensing shall enter

ESSB 6157.PL

p. 46

1
2
3

into an agreement establishing expedited procedures to assist offenders
in obtaining a driver's license or identification card upon their
release from a department of corrections' institution.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

NEW SECTION. Sec. 502. (1) The director of the department of
licensing, or the director's designee, shall, within existing
resources, convene and chair a work group to review and recommend
changes to occupational licensing laws and policies to encourage the
employment of individuals with criminal convictions while ensuring the
safety of the public.
(2) In addition to the director of the department of licensing, the
following shall be members of the work group: A representative from
the employment security department, a representative from the
department of corrections, a representative from the Washington state
association of prosecuting attorneys, and up to five members appointed
by the governor from state agencies that issue occupational licenses.
The department shall also invite participation from victim service
agencies, the state board for community and technical colleges,
association of Washington business, nonprofit organizations providing
workforce training to released offenders, and legislative staff who
provide support to the human services and human services and
corrections committees. Members of the work group shall serve without
compensation.
(3) In conducting its review, the work group must:
(a) Review approaches used by other states and jurisdictions for
awarding occupational licenses to those with criminal convictions;
(b) Develop a process and standards by which the department of
licensing and licensing agencies will determine whether a criminal
conviction renders an applicant an unsuitable candidate for a license
or whether a conviction warrants revocation or suspension of a license
previously granted;
(c) Develop guidelines for potential applicants that reflect the
most common or well-known categories of crimes and their relation to
specific license types;
(d) Establish mechanisms for making information regarding the
process and guidelines easily accessible to potential applicants with
criminal histories.

p. 47

ESSB 6157.PL

1
2
3
4
5

(4) The department of licensing shall present a report of its
findings and recommendations to the governor and the appropriate
committees of the legislature, including any proposed legislation, by
November 15, 2008.
(5) This section expires December 15, 2008.

6

PART VI - HOUSING

7
8
9
10
11
12
13

NEW SECTION. Sec. 601. The legislature finds that, in order to
improve the safety of our communities, more housing needs to be made
available to offenders returning to the community.
The legislature
intends to increase the housing available to offenders by providing
that landlords who rent to offenders shall be immune from civil
liability for damages that may result from the criminal conduct of the
tenant.

14
15
16
17
18
19
20
21
22
23

NEW SECTION. Sec. 602. A new section is added to chapter 59.18
RCW to read as follows:
A landlord who rents to an offender is not liable for civil damages
arising from the criminal conduct of the tenant.
In order for a
landlord to be protected from liability as provided under this section,
a landlord must:
(1) Disclose to residents of the property that he or she rents or
has a policy of renting to offenders; and
(2) Take steps to report or halt criminal activity if the landlord
has actual knowledge of criminal activity on the landlord's premises.

24
25
26
27
28
29
30
31
32
33

NEW SECTION. Sec. 603. A new section is added to chapter 35.82
RCW to read as follows:
The legislature recognizes that stable, habitable, and supportive
housing is a critical factor that increases a previously incarcerated
individual's access to treatment and services as well as the likelihood
of success in the community.
Housing authorities are therefore
encouraged to formulate rental policies that are not unduly burdensome
to previously incarcerated individuals attempting to reenter the
community, particularly when the individual's family may already reside
in government subsidized housing.

ESSB 6157.PL

p. 48

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

NEW SECTION. Sec. 604. A new section is added to chapter 43.185C
RCW to read as follows:
(1) The department of community, trade, and economic development
shall establish a pilot program to provide grants to eligible
organizations, as described in RCW 43.185.060, to provide transitional
housing assistance to offenders who are reentering the community and
are in need of housing.
(2) There shall be a minimum of two pilot programs established in
two counties. The pilot programs shall be selected through a request
for proposal process and in consultation with the department of
corrections. The department shall select the pilot sites by January 1,
2008.
(3) The pilot program shall:
(a) Be operated in collaboration with the community justice center
existing in the location of the pilot site;
(b) Offer transitional supportive housing that includes individual
support and mentoring available on an ongoing basis, life skills
training, and close working relationships with community justice
centers and community corrections officers.
Supportive housing
services can be provided directly by the housing operator, or in
partnership with community-based organizations;
(c) In providing assistance, give priority to offenders who are
designated as high risk or high needs as well as those determined not
to have a viable release plan by the department of corrections;
(d) Optimize available funding by utilizing cost-effective
community-based shared housing arrangements or other noninstitutional
living arrangements; and
(e) Provide housing assistance for a period of time not to exceed
twelve months for a participating offender.
(4) The department may also use up to twenty percent of the funding
appropriated in the operating budget for this section to support the
development of additional supportive housing resources for offenders
who are reentering the community.
(5) The department shall:
(a) Collaborate with the department of corrections in developing
criteria to determine who will qualify for housing assistance; and
(b) Gather data, and report to the legislature by November 1, 2008,
on the number of offenders seeking housing, the number of offenders

p. 49

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

eligible for housing, the number of offenders who receive the housing,
and the number of offenders who commit new crimes while residing in the
housing to the extent information is available.
(6) The department of corrections shall collaborate with
organizations receiving grant funds to:
(a) Help identify appropriate housing solutions in the community
for offenders;
(b) Where possible, facilitate an offender's application for
housing prior to discharge;
(c) Identify enhancements to training provided to offenders prior
to discharge that may assist an offender in effectively transitioning
to the community;
(d) Maintain communication between the organization receiving grant
funds, the housing provider, and corrections staff supervising the
offender; and
(e) Assist the offender in accessing resources and services
available through the department of corrections and a community justice
center.
(7) The state, department of community, trade, and economic
development, department of corrections, local governments, local
housing authorities, eligible organizations as described in RCW
43.185.060, and their employees are not liable for civil damages
arising from the criminal conduct of an offender solely due to the
placement of an offender in housing provided under this section or the
provision of housing assistance.
(8) Nothing in this section allows placement of an offender into
housing without an analysis of the risk the offender may pose to that
particular community or other residents.

29
30
31
32
33
34
35
36
37

Sec. 605. RCW 72.09.111 and 2004 c 167 s 7 are each amended to
read as follows:
(1) The secretary shall deduct taxes and legal financial
obligations from the gross wages, gratuities, or workers' compensation
benefits payable directly to the inmate under chapter 51.32 RCW, of
each inmate working in correctional industries work programs, or
otherwise receiving such wages, gratuities, or benefits. The secretary
shall also deduct child support payments from the gratuities of each
inmate working in class II through class IV correctional industries

ESSB 6157.PL

p. 50

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

work programs.
The secretary shall develop a formula for the
distribution of offender wages, gratuities, and benefits. The formula
shall not reduce the inmate account below the indigency level, as
defined in RCW 72.09.015.
(a) The formula shall include the following minimum deductions from
class I gross wages and from all others earning at least minimum wage:
(i) Five percent to the public safety and education account for the
purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Twenty percent to the department to contribute to the cost of
incarceration; and
(iv) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court.
(b) The formula shall include the following minimum deductions from
class II gross gratuities:
(i) Five percent to the public safety and education account for the
purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Fifteen percent to the department to contribute to the cost
of incarceration;
(iv) Twenty percent for payment of legal financial obligations for
all inmates who have legal financial obligations owing in any
Washington state superior court; and
(v) Fifteen percent for any child support owed under a support
order.
(c) The formula shall include the following minimum deductions from
any workers' compensation benefits paid pursuant to RCW 51.32.080:
(i) Five percent to the public safety and education account for the
purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account;
(iii) Twenty percent to the department to contribute to the cost of
incarceration; and
(iv) An amount equal to any legal financial obligations owed by the
inmate established by an order of any Washington state superior court
up to the total amount of the award.
(d) The formula shall include the following minimum deductions from
class III gratuities:

p. 51

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

(i) Five percent for the purpose of crime victims' compensation;
and
(ii) Fifteen percent for any child support owed under a support
order.
(e) The formula shall include the following minimum deduction from
class IV gross gratuities:
(i) Five percent to the department to contribute to the cost of
incarceration; and
(ii) Fifteen percent for any child support owed under a support
order.
(2) Any person sentenced to life imprisonment without possibility
of release or parole under chapter 10.95 RCW or sentenced to death
shall be exempt from the requirement under subsection (1)(a)(ii),
(b)(ii), or (c)(ii).
(3)(a) The department personal inmate savings account, together
with any accrued interest, shall only be available to an inmate at the
following times:
(i) The time of his or her release from confinement((, unless));
(ii) Prior to his or her release from confinement in order to
secure approved housing; or
(iii) When the secretary determines that an emergency exists for
the inmate((, at which time the funds can be)).
(b) If funds are made available pursuant to (a)(ii) or (iii) of
this subsection, the funds shall be made available to the inmate in an
amount determined by the secretary.
(c) The management of classes I, II, and IV correctional industries
may establish an incentive payment for offender workers based on
productivity criteria. This incentive shall be paid separately from
the hourly wage/gratuity rate and shall not be subject to the specified
deduction for cost of incarceration.
(4)(a) Subject to availability of funds for the correctional
industries program, the expansion of inmate employment in class I and
class II correctional industries shall be implemented according to the
following schedule:
(i) Not later than June 30, 2005, the secretary shall achieve a net
increase of at least two hundred in the number of inmates employed in
class I or class II correctional industries work programs above the
number so employed on June 30, 2003;

ESSB 6157.PL

p. 52

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

(ii) Not later than June 30, 2006, the secretary shall achieve a
net increase of at least four hundred in the number of inmates employed
in class I or class II correctional industries work programs above the
number so employed on June 30, 2003;
(iii) Not later than June 30, 2007, the secretary shall achieve a
net increase of at least six hundred in the number of inmates employed
in class I or class II correctional industries work programs above the
number so employed on June 30, 2003;
(iv) Not later than June 30, 2008, the secretary shall achieve a
net increase of at least nine hundred in the number of inmates employed
in class I or class II correctional industries work programs above the
number so employed on June 30, 2003;
(v) Not later than June 30, 2009, the secretary shall achieve a net
increase of at least one thousand two hundred in the number of inmates
employed in class I or class II correctional industries work programs
above the number so employed on June 30, 2003;
(vi) Not later than June 30, 2010, the secretary shall achieve a
net increase of at least one thousand five hundred in the number of
inmates employed in class I or class II correctional industries work
programs above the number so employed on June 30, 2003.
(b) Failure to comply with the schedule in this subsection does not
create a private right of action.
(5) In the event that the offender worker's wages, gratuity, or
workers' compensation benefit is subject to garnishment for support
enforcement, the crime victims' compensation, savings, and cost of
incarceration deductions shall be calculated on the net wages after
taxes, legal financial obligations, and garnishment.
(6) The department shall explore other methods of recovering a
portion of the cost of the inmate's incarceration and for encouraging
participation in work programs, including development of incentive
programs that offer inmates benefits and amenities paid for only from
wages earned while working in a correctional industries work program.
(7) The department shall develop the necessary administrative
structure to recover inmates' wages and keep records of the amount
inmates pay for the costs of incarceration and amenities. All funds
deducted from inmate wages under subsection (1) of this section for the
purpose of contributions to the cost of incarceration shall be

p. 53

ESSB 6157.PL

1
2
3
4
5
6
7
8
9
10

deposited in a dedicated fund with the department and shall be used
only for the purpose of enhancing and maintaining correctional
industries work programs.
(8) It shall be in the discretion of the secretary to apportion the
inmates between class I and class II depending on available contracts
and resources.
(9) Nothing in 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 moneys, assets, or
property pursuant to chapter 26.23, 74.20, or 74.20A RCW.

11

PART VII - MISCELLANEOUS

12
13

NEW SECTION.
part of the law.

14
15
16
17

NEW SECTION. Sec. 702. If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.

18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

NEW SECTION. Sec. 703. (1) The sum of three hundred thousand
dollars of the general fund--state appropriation for fiscal year 2008
and three hundred thousand dollars of the general fund--state
appropriation for fiscal year 2009 are provided solely to the
department of corrections for the purposes of section 305(2) and (4) of
this act.
(2) The sum of nine hundred thousand dollars of the general fund-state appropriation for fiscal year 2008 and nine hundred thousand
dollars of the general fund--state appropriation for fiscal year 2009
are provided solely to the department of corrections for the purposes
of section 304(1)(b)(ii)(D) and (E) of this act.
(3) The sum of one hundred thousand dollars of the general fund-state appropriation for fiscal year 2008 and one hundred thousand
dollars of the general fund--state appropriation for fiscal year 2009
are provided solely for the department of corrections for the purposes

ESSB 6157.PL

Sec. 701.

Part headings used in this act are not any

p. 54

1

of section 307 of this act.
--- END ---

p. 55

ESSB 6157.PL