CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5893
Chapter 32, Laws of 2024
68th Legislature
2024 Regular Session
DEPARTMENT OF CORRECTIONS—GATE MONEY
EFFECTIVE DATE: June 6, 2024
Passed by the Senate February 13, CERTIFICATE
2024
Yeas 34 Nays 15 I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
DENNY HECK the attached is SECOND SUBSTITUTE
President of the Senate SENATE BILL 5893 as passed by the
Senate and the House of
Representatives on the dates hereon
set forth.
Passed by the House February 27, 2024
Yeas 69 Nays 26
SARAH BANNISTER
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved March 13, 2024 11:23 AM FILED
March 14, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SECOND SUBSTITUTE SENATE BILL 5893
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senate Ways & Means (originally sponsored by Senators C. Wilson,
Kuderer, Frame, Hasegawa, Nguyen, Nobles, Trudeau, and Wellman)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to providing gate money to incarcerated
2 individuals at the department of corrections; and amending RCW
3 72.02.100, 72.66.070, and 72.09.480.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 72.02.100 and 2023 c 467 s 2 are each amended to
6 read as follows:
7 (1) Any person serving a sentence for a term of confinement in a
8 state correctional facility for convicted felons, pursuant to court
9 commitment, who is thereafter released upon an order of parole of the
10 indeterminate sentence review board, or who is discharged from
11 custody upon expiration of sentence, or who is ordered discharged
12 from custody by a court of appropriate jurisdiction, shall be
13 entitled to retain his or her earnings from labor or employment while
14 in confinement and shall be supplied by the superintendent of the
15 state correctional facility with suitable and presentable clothing,
16 the sum of no less than $40 for subsistence, and transportation by
17 the least expensive method of public transportation not to exceed the
18 cost of $100 to his or her place of residence or the place designated
19 in his or her parole plan, or to the place from which committed if
20 such person is being discharged on expiration of sentence, or
21 discharged from custody by a court of appropriate jurisdiction:
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 1 PROVIDED, That up to an additional $60 may be made available to the
2 parolee for necessary personal and living expenses upon application
3 to and approval by such person's community corrections officer. If in
4 the opinion of the superintendent suitable arrangements have been
5 made to provide the person to be released with suitable clothing
6 and/or the expenses of transportation, the superintendent may consent
7 to such arrangement. If the superintendent has reasonable cause to
8 believe that the person to be released has ample funds, with the
9 exception of earnings from labor or employment while in confinement,
10 to assume the expenses of clothing, transportation, or the expenses
11 for which payments made pursuant to this section or RCW 72.02.110 or
12 any one or more of such expenses, the person released shall be
13 required to assume such expenses.
14 (2)(a) The same requirements of subsection (1) of this section
15 shall apply to any person who is serving a sentence for a term of
16 confinement in a state correctional facility and is:
17 (i) Transferred to community custody under the supervision of the
18 department of corrections pursuant to RCW 9.94A.501, or in lieu of
19 earned release time under RCW 9.94A.729;
20 (ii) Transferred from a department correctional facility to
21 partial confinement as home detention in the community as part of the
22 graduated reentry program under RCW 9.94A.733 or the parenting
23 program under RCW 9.94A.6551;
24 (iii) Transferred from a department correctional facility to
25 partial confinement in lieu of earned early release under RCW
26 9.94A.729, or as part of the work release program under chapter 72.65
27 RCW; or
28 (iv) Conditionally released by the indeterminate sentence review
29 board with conditions of community custody under the supervision of
30 the department pursuant to RCW 9.95.011, 9.95.420, 9.94A.730, or
31 10.95.030.
32 (b) The items and arrangements to be supplied by the
33 superintendent of the state correctional facility under this
34 subsection must be provided at the moment of the person's transfer
35 from total confinement to partial confinement, or transfer from total
36 confinement to community custody.
37 (3)(a) The department of corrections may only provide the funds
38 for subsistence required by subsection (1) or (2) of this section one
39 time to any person serving a sentence for a term of confinement in a
40 state correctional facility.
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 1 (b) Any funds for subsistence provided to a person under this
2 section shall not be subject to any deductions required under RCW
3 72.09.480 or chapter 72.11 RCW.
4 (4)(a) The department of corrections may provide temporary
5 housing assistance for a person being released from any state
6 correctional facility through the use of rental vouchers, for a
7 period not to exceed six months, if the department finds that such
8 assistance will support the person's release into the community by
9 preventing housing instability or homelessness. The department's
10 authority to provide vouchers under this section is independent of
11 its authority under RCW 9.94A.729; however, a person may not receive
12 a combined total of rental vouchers in excess of six months for each
13 release from a state correctional facility.
14 (b) The department shall establish policies for prioritizing
15 funds available for housing vouchers under this section for persons
16 at risk of releasing homeless or becoming homeless without assistance
17 while taking into account risk to reoffend.
18 Sec. 2. RCW 72.66.070 and 1971 ex.s. c 58 s 8 are each amended
19 to read as follows:
20 The department ((may)) shall provide or arrange for
21 transportation for furloughed prisoners to the designated place of
22 residence within the state and ((may)) shall, in addition, supply
23 funds ((not to exceed forty dollars)) in the sum of no less than $40
24 and suitable clothing, such clothing to be returned to the
25 institution on the expiration of furlough.
26 Sec. 3. RCW 72.09.480 and 2023 c 111 s 1 are each amended to
27 read as follows:
28 (1) Unless the context clearly requires otherwise, the
29 definitions in this section apply to this section.
30 (a) "Cost of incarceration" means the cost of providing an inmate
31 with shelter, food, clothing, transportation, supervision, and other
32 services and supplies as may be necessary for the maintenance and
33 support of the inmate while in the custody of the department, based
34 on the average per inmate costs established by the department and the
35 office of financial management.
36 (b) "Minimum term of confinement" means the minimum amount of
37 time an inmate will be confined in the custody of the department,
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 1 considering the sentence imposed and adjusted for the total potential
2 earned early release time available to the inmate.
3 (c) "Program" means any series of courses or classes necessary to
4 achieve a proficiency standard, certificate, or postsecondary degree.
5 (2) When an inmate, except as provided in subsections (4) through
6 (((10))) (11) of this section, receives any funds in addition to his
7 or her wages or gratuities, except settlements or awards resulting
8 from legal action, the additional funds shall be subject to the
9 following deductions and the priorities established in chapter 72.11
10 RCW:
11 (a) Five percent to the crime victims' compensation account
12 provided in RCW 7.68.045;
13 (b) Ten percent to a department personal inmate savings account;
14 (c) Twenty percent for payment of legal financial obligations for
15 all inmates who have legal financial obligations owing in any
16 Washington state superior court;
17 (d) Twenty percent for any child support owed under a support
18 order;
19 (e) Twenty percent to the department to contribute to the cost of
20 incarceration; and
21 (f) Twenty percent for payment of any civil judgment for assault
22 for all inmates who are subject to a civil judgment for assault in
23 any Washington state court or federal court.
24 (3) When an inmate, except as provided in subsection (10) of this
25 section, receives any funds from a settlement or award resulting from
26 a legal action, the additional funds shall be subject to the
27 deductions in RCW 72.09.111(1)(a) and the priorities established in
28 chapter 72.11 RCW.
29 (4) When an inmate who is subject to a child support order
30 receives funds from an inheritance, the deduction required under
31 subsection (2)(e) and (f) of this section shall only apply after the
32 child support obligation has been paid in full.
33 (5) The amount deducted from an inmate's funds under subsection
34 (2) of this section shall not exceed the department's total cost of
35 incarceration for the inmate incurred during the inmate's minimum or
36 actual term of confinement, whichever is longer.
37 (6)(a) The deductions required under subsection (2) of this
38 section shall not apply to funds received by the department from an
39 offender or from a third party on behalf of an offender for payment
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 1 of education or vocational programs or postsecondary education degree
2 programs as provided in RCW 72.09.460 and 72.09.465.
3 (b) The deductions required under subsection (2) of this section
4 shall not apply to funds received by the department from a third
5 party, including but not limited to a nonprofit entity on behalf of
6 the department's education, vocation, or postsecondary education
7 degree programs.
8 (7) The deductions required under subsection (2) of this section
9 shall not apply to any money received by the department, on behalf of
10 an inmate, from family or other outside sources for the payment of
11 postage expenses. Money received under this subsection may only be
12 used for the payment of postage expenses and may not be transferred
13 to any other account or purpose. Money that remains unused in the
14 inmate's postage fund at the time of release shall be subject to the
15 deductions outlined in subsection (2) of this section.
16 (8) The deductions required under subsection (2) of this section
17 do not apply to any money received by the department on behalf of an
18 inmate from family or other outside sources for the payment of
19 certain medical expenses. Money received under this subsection may
20 only be used for the payment of medical expenses associated with the
21 purchase of eyeglasses, over-the-counter medications, and offender
22 copayments. Funds received specifically for these purposes may not be
23 transferred to any other account or purpose. Money that remains
24 unused in the inmate's medical fund at the time of release is subject
25 to deductions under subsection (2) of this section.
26 (9) The deductions required under subsection (2) of this section
27 do not apply to any money received by the department on behalf of an
28 inmate from family or other outside sources for the purchase of
29 commissary items. Money received under this subsection may only be
30 used for the purchase of items on the facility commissary list. The
31 amount received by each inmate under this subsection may not exceed
32 the monthly allowance for commissary purchases as allowed by the
33 department. Funds received specifically for these purposes may not be
34 transferred to any other fund, account, or purpose. Money that
35 remains unused in the inmate's commissary fund at the time of release
36 is subject to deductions under subsection (2) of this section.
37 (10) Inmates sentenced to life imprisonment without possibility
38 of release or sentenced to death under chapter 10.95 RCW receives
39 funds, deductions are required under subsection (2) of this section,
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 1 with the exception of a personal inmate savings account under
2 subsection (2)(b) of this section.
3 (11) The deductions required under subsection (2) of this section
4 do not apply to funds for subsistence issued by the department to an
5 inmate:
6 (a) Upon the person's transfer from total confinement to partial
7 confinement, or transfer from total confinement to community custody,
8 pursuant to RCW 72.02.100; or
9 (b) For a furlough pursuant to RCW 72.66.070.
10 (12) The secretary of the department of corrections, or his or
11 her designee, may exempt an inmate from a personal inmate savings
12 account under subsection (2)(b) of this section if the inmate's
13 earliest release date is beyond the inmate's life expectancy.
14 (((12))) (13) The interest earned on an inmate savings account
15 created as a result of the plan in section 4, chapter 325, Laws of
16 1999 shall be exempt from the mandatory deductions under this section
17 and RCW 72.09.111.
18 (((13))) (14) Nothing in this section shall limit the authority
19 of the department of social and health services division of child
20 support, the county clerk, or a restitution recipient from taking
21 collection action against an inmate's moneys, assets, or property
22 pursuant to chapter 9.94A, 26.23, 74.20, or 74.20A RCW including, but
23 not limited to, the collection of moneys received by the inmate from
24 settlements or awards resulting from legal action.
Passed by the Senate February 13, 2024.
Passed by the House February 27, 2024.
Approved by the Governor March 13, 2024.
Filed in Office of Secretary of State March 14, 2024.
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Statutes affected:
Original Bill: 72.02.100, 72.66.070
Substitute Bill: 72.02.100, 72.66.070
Second Substitute: 72.02.100, 72.66.070, 72.09.480
Bill as Passed Legislature: 72.02.100, 72.66.070, 72.09.480
Session Law: 72.02.100, 72.66.070, 72.09.480