Section 288-04-060. Procedure.

Application for participation in PIECP.

Jurisdictions seeking to participate in PIECP will complete the following one-time information request to assist with program planning and ensure initial compliance with local, state and federal requirements. The information will be reviewed by jail industries board staff for completeness and forwarded to the jail industries board for approval.

Information request items.

PIECP Application Cover Sheet

PIECP Application and Attachments

Designation of cost accounting centers.

Jurisdictions that have been approved to participate in PIECP will complete an information request to designate a cost accounting center (CAC) under PIECP. A completed checklist with attached documentation is required each time a jurisdiction designates a new CAC. The information will be reviewed by jail industries board staff for completeness. Jail industries board staff will forward the employment analysis to the employment security department, labor market and economic analysis branch, for its review and response. Upon receipt of determination of prevailing wage and nondisplacement response from employment security, the entire package will be forwarded to the jail industries board for approval.

Information request item.

PIECP cost accounting center mandatory criteria checklist, documentation, and notice of designation.

Sample documentation will be provided to assist the jurisdiction in completing the information request including:

Employment security department employment analysis.

Inmate wage agreement.

Business/labor notification letter.

National Environmental Policy Act (NEPA) statement of nonimpact.

National Environmental Policy Act (NEPA) environmental assessment.

Samples available from the jail industries board.

Jail industries board review process.

The chair of the jail industries board will appoint from among the members of the board a five person PIECP standing committee to review applications for participation and designation of cost accounting centers. The committee will include members representing business, labor, jail staff, the board executive committee, and an at large position. The executive director of the jail industries board will serve as an ex officio member. The PIECP committee will review all applications for participation and designations of cost accounting centers submitted. It will forward a recommendation for approval or denial to the full board with an executive summary of the information provided. The full board will review the information at the next board meeting and vote to approve or deny the application for participation and/or designation of a cost accounting center.

Notice to the bureau of justice assistance.

The executive director of the jail industries board will send a notice of designation of a cost accounting center to the bureau of justice assistance for cost accounting centers that have been approved.

Documentation to BJA.

PIECP cost accounting center mandatory criteria checklist, documentation, and notice of designation.

Compliance reporting and review.

Each jurisdiction that has designated a cost accounting center is responsible to ensure compliance with local, state and federal requirements. The jurisdiction will receive from each CAC it has designated complete monthly payroll information for each inmate working including name, Social Security number, wage rate, total hours worked, total pay, and any deductions taken from pay for taxes or other purposes. The jurisdiction should verify that wages paid are appropriate per the employment security department wage finding and that overtime is being paid for any time over forty hours in one week. The jurisdiction will record any deductions it takes from each inmate’s wages and ensure the total deductions do not exceed eighty percent of gross wages and are for approved purposes.

The jurisdiction will forward copies of payroll and deduction information each month to the jail industries board for review. Jail industries board staff are responsible to verify the information submitted reflects compliance with local, state and federal requirements and to submit all required reports to the bureau of justice assistance. Jail industries board staff are responsible to request annual wage updates from the employment security department and forward the information to local jurisdictions for their action.

Each jurisdiction with active CACs will be visited at least annually for an on-site compliance check. Jurisdictions participating in the program will agree to make available all documentation required to verify compliance with requirements and participate in the on-site compliance reviews.

Decertification.

The jail industries board has the final authority to determine if a jurisdiction is in compliance with Washington requirements as stated in chapter 36.110 RCW. The board may decertify a jurisdiction or one of its designated cost accounting centers if it determines the jurisdiction is out of compliance and is unable to work with the jurisdiction to ensure compliance.

The bureau of justice assistance (BJA) has the final authority to determine if a cost accounting center is in compliance with federal requirements. Should BJA find a CAC out of compliance, the jail industries board and the jurisdiction will work with BJA to bring the CAC into compliance. If compliance issues cannot be resolved, the jail industries board will decertify the CAC per BJA guidelines. A decertified CAC may not employ inmates to produce goods for sale in interstate commerce.

[Statutory Authority: RCW 36.110.060. WSR 98-17-003, § 288-04-060, filed 8/6/98, effective 9/6/98.]

RCW 36.110.060. WSR 98-17-003, § 288-04-060, filed 8/6/98, effective 9/6/98.