Previously called the ‘Ending Forced Labor Act,’ Engrossed Substitute House Bill 1233 would reform the programs to voluntary participation unless court-ordered for community restitution
Tim Clouser
The Center Square Washington
While they agreed to drop the title, House Democrats passed a bill Wednesday that would make work programs almost entirely optional for incarcerated people in Washington state.
Previously called the “Ending Forced Labor Act,” Engrossed Substitute House Bill 1233 would reform the programs to voluntary participation unless court-ordered for community restitution. The proposal enshrines personal choice while prohibiting the state from retaliating against an inmate’s refusal.
Prior iterations of the bill would have required the state to pay certain workers at least $1 per hour, with the maximum limit set at no less than $200 per month. According to a fiscal note, the provisions could have cost taxpayers $1.5 million annually amid a significant revenue shortfall.
Wednesday’s approval sent ESHB 1233 – “AN ACT Relating to work programs for incarcerated persons…” – to the Senate, pending approval before becoming law.
“Laboring is part of their rehabilitation,” said Rep. Jim Walsh, R-Aberdeen. “It’s not punishment for punishment’s sake. It’s not inflicting hardship for hardships’ sake; it’s to help a person peel back the layers of antisocial behavior that they’ve built up that got them into trouble.”
The House passed HB 1233 by a party-line 58-39 vote. While one Democrat excused themselves, not a single Republican supported the bill. However, the minority earned support to pass two amendments, one from Walsh to ditch the name and another related to program rules.
Rep. Jenny Graham, R-Spokane, proposed the amendment requiring inmates who agreed to participate to comply with all rules related to “attending and disenrolling” from the program.
Democrats rejected two other Republican amendments that would have allowed the state to reduce an inmate’s “earned early release” and other privileges if they refused to participate.
“While I appreciate the story of teaching young children about the value of work, incarcerated people are not children,” Rep. Julia Reed, D-Seattle, told her counterparts. “They are adults, and the privilege that an adult earns for working is their salary.”
Rep. Tarra Simmons, D-Bremerton, argued that forcing inmates to work deprives them of their dignity. Simmons said she used to work for 42 cents an hour in prison, but if someone refused, they couldn’t go to school, call family or visit with their kids.
Simmons is the first formerly incarcerated person elected to the Legislature.
“I would prefer that we actually give people an incentive and a wage to earn,” Simmons said regarding the failed amendments, “but we don’t have the money for that.”
Rep. Travis Couture, R-Allyn, said HB 1233 could hurt Washington in the long run. Lawmakers are trying to balance a projected multibillion-dollar shortfall over the next few years. Allowing inmates to opt out of work could make matters worse, potentially requiring the state to hire third-party help.
“I can go back to my constituents and say, ‘We chose to contract out labor so that incarcerated individuals have a choice as to whether or not to work, and because of that, we would like to increase your property taxes,” said Rep. Michelle Caldier, R-Gig Harbor. “I guarantee you, the folks in my district, they wouldn’t be too happy about that.”
This report was first published by The Center Square Washington.
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