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PDFWAC 137-80-032

Class II: Tax reduction industries.

(1) The department may establish Class II industry work programs that are closely patterned after private sector industries but are designed primarily to reduce the cost of goods and services. Goods produced and services provided by Class II work programs shall be provided at a reduced cost and only be available to the department, other tax-supported agencies and nonprofit corporations.
(a) The industries selected for development within this class shall, as much as possible, match the available pool of worker skills and aptitudes with the work opportunities in the free community. Incarcerated individuals working in Class II work programs do so of their own free choice.
(b) Except as provided in RCW 39.26.251 and this section, the products and services of this class, including purchased products and services necessary for a complete product line, may be sold by the department to the following:
(i) Public agencies;
(ii) Nonprofit corporations;
(iii) Private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit corporation;
(iv) An employee and immediate family members of an employee of the department;
(v) An individual under the supervision of the department and his or her immediate family members; and
(vi) A licensed health professional for the sole purpose of providing eyeglasses to enrollees of the state medical program at no more than the health professional's cost of acquisition.
(c) The secretary may issue guidance governing the type and quantity of items that may be purchased for other than resale purpose and sold under (b)(iv) and (v) of this subsection.
(d) Clothing manufactured by an industry in this class may be donated to public benefit nonprofit corporations that provide clothing free of charge to low-income persons, but under no circumstance shall uniforms to be worn by correctional officers employed with the department be made or assembled by workers under the custody of the department.
(2) Security and custody services shall be provided at state expense by the department.
(3) The department may establish Class II work programs operated and managed in partnership with a public benefit nonprofit corporation pursuant to a contract between the corporation and the department to provide goods and/or services. The work programs may provide job training to incarcerated individuals and may allow those who have successfully completed a public benefit nonprofit corporation's job training program to request work assignment to the work program.
[Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-032, filed 6/12/20, effective 7/13/20; WSR 15-20-010, § 137-80-032, filed 9/24/15, effective 1/1/16.]
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