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Evergreen Ledger

ESHB 1233

In Committee

House

Work programs/incarceration

Concerning work programs for incarcerated persons.

This status may be delayed. See Action History below for the latest updates.

How does a bill become law?
  1. Introduced: The bill is filed and assigned a number.
  2. Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
  3. Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
  4. Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
  5. Governor: The Governor reviews the bill and decides whether to sign or veto it.
  6. Signed: The bill has been signed into law.
Introduced: February 26, 2025
Last Action: January 12, 2026
Status: H Community Safet
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AI Analysis

This analysis was generated by AI and may contain errors. It is not legal advice. Always refer to the official bill text for authoritative information.
People & CommunitiesPeople-leaningCorporate & Wealthy Interests

This bill, called the ending forced labor act, prohibits mandatory participation in prison work programs and ensures that incarcerated individuals cannot be punished for refusing to work. It also expands education and training opportunities, strengthens rules to protect Washington businesses from unfair competition by prison industries, and clarifies how privileges like early release are tied to program participation—except for work programs, which remain voluntary.

  • Establishes that incarcerated persons cannot be required to work in prison work programs—participation is voluntary, and refusal cannot result in disciplinary action or loss of privileges.
  • Requires the Department of Corrections to create a clear system linking participation in education and work programs to earned early release and other privileges, but prohibits reducing privileges solely for refusing work programs.
  • Strengthens rules to prevent state-run correctional industries (especially Class I and II) from unfairly competing with Washington businesses, including requiring competitive impact reviews before launching or expanding programs.
  • Expands access to education and training for incarcerated individuals, including free basic education, vocational training, and postsecondary degrees/certificates, with financial support mechanisms and third-party funding options.
  • Requires the Department of Corrections to provide transcripts and academic records to incarcerated individuals upon release or program completion, regardless of whether they completed the program.

Who is affected

  • Incarcerated individuals — Incarcerated individuals in Washington state prisons—this bill changes their rights and obligations regarding participation in work and education programs, including pay, privilege loss, and exemptions.
  • Washington businesses — Private and public employers and businesses in Washington state—this bill strengthens rules to prevent state-run prison work programs from unfairly competing with local businesses, especially in Class I and II programs.
  • Department of Corrections — Department of Corrections staff and administrators—this bill requires new policies, reviews, and reporting on work and education programs, including wage determinations and privilege systems.
  • Postsecondary education and training providers — Educational institutions and nonprofit providers—this bill expands opportunities for partnerships to deliver postsecondary education and training to incarcerated individuals, including financial and operational requirements.
Effective: July 28, 2025Fiscal impact: The bill may increase state costs due to expanded education and training programs, including postsecondary degrees and certificates, and potential wage increases for work programs. However, it also allows for third-party funding and financial aid to offset costs. The department must conduct annual reviews of potential budget impacts on Washington businesses from correctional industries.
Model: Intel/Qwen3-Coder-Next-int4-AutoRoundGenerated: Mar 19, 2026 at 6:43 PM

Pro/Con Analysis

Stronger case for benefits

Potential Benefits (5)

  • The bill explicitly prohibits forced labor by making participation in work programs voluntary and bars punitive actions for refusal—aligning with constitutional and human rights standards, and ending coercive practices that have long drawn legal and ethical scrutiny.

    Rights & LibertiesPeopleRef: Sec. 6 (new), RCW 72.09.100(1)(e), (2)(f), (3)(e), (4)(e)

  • The bill mandates free academic transcripts upon release or program completion—regardless of completion status—helping formerly incarcerated individuals build educational credentials for employment and further study, improving long-term reentry outcomes.

    EducationPeopleRef: Sec. 5(13), RCW 72.09.460(13)

  • The bill expands access to free postsecondary education for eligible incarcerated individuals—including financial aid eligibility, advising, and third-party funding—potentially increasing educational attainment and post-release employment, especially for low-income and historically excluded groups.

    EducationPeopleRef: Sec. 5(4)(b)(ii), (d), (g), RCW 72.09.460(4)(b)(ii), (d), (g)

  • The bill requires the Department of Corrections to set goals for expanding access to postsecondary education for people of color and authorize partnerships with institutions historically serving marginalized communities—supporting racial equity in education and reentry outcomes.

    EducationPeopleRef: Sec. 5(9), RCW 72.09.460(9)

  • The bill prioritizes basic academic and vocational education—especially GED/HS equivalency and reentry plan alignment—supporting reduced recidivism and improved post-release employment, with a clear hierarchy of educational need.

    EducationPeopleRef: Sec. 5(4)(a), RCW 72.09.460(4)(a)
Potential Concerns (5)

  • The bill eliminates mandatory participation in prison work programs, which may reduce the supply of low-cost labor for correctional industries—especially Class I and II—potentially increasing production costs for state-run enterprises and limiting their ability to undercut private-sector competitors. While the bill strengthens rules against unfair competition, removing the ability to compel labor may reduce the scale and competitiveness of state-run operations, especially for labor-intensive industries.

    Business & EmploymentRef: Sec. 6 (new), RCW 72.09.100(1)(e), (2)(f), (3)(e), (4)(e)

  • Class III and IV work programs—which currently require participation by able-bodied incarcerated individuals—will become voluntary, potentially reducing the availability of low-cost labor for infrastructure, maintenance, and community-based services. This may increase operational costs for correctional facilities and reduce service capacity for public agencies that rely on these programs.

    Business & EmploymentRef: Sec. 6 (new), RCW 72.09.100(3)(d), (4)(a)

  • The bill retains mandatory participation in *education* programs (unless exempted), but makes *work* programs voluntary. This creates a two-tiered system where non-participation in education still results in privilege loss, while refusal to work does not—potentially incentivizing work refusal over educational engagement, and diluting the rehabilitative impact of the combined system.

    EducationLean peopleRef: Sec. 5(2), RCW 72.09.460(2)

  • The bill introduces a postaward formula requiring incarcerated individuals to pay for postsecondary education (under subsection 4(a)(iv)) based on income or savings—potentially creating financial hardship for low-income individuals, especially those with limited access to third-party funding. This could discourage participation in higher-cost programs despite the stated goal of expanding access.

    FinancialRef: Sec. 5(4)(c), (11), RCW 72.09.460(4)(c), (11)

  • The bill creates a distinct exclusion for undocumented incarcerated individuals (8 U.S.C. § 1227), who may be barred from postsecondary education unless third-party funded and may only participate in work-related training if necessary for a work program. This creates a two-tiered access system that may disproportionately harm non-citizens’ rehabilitation and reentry prospects.

    Rights & LibertiesRef: Sec. 5(12), RCW 72.09.460(12)

Who Is Most Affected

Incarcerated individualsPositive Impact

Incarcerated individuals—especially low-income, people of color, and non-citizens—gain stronger rights protections against forced labor, expanded education access, and credential portability. However, those with limited financial means may face barriers to postsecondary education due to cost-sharing requirements, and undocumented individuals remain excluded from full program access.

Washington businessesMixed Impact

Washington businesses benefit from strengthened rules against unfair competition by correctional industries, including mandatory competitive impact reviews and clearer definitions of unfair advantage (e.g., labor cost subsidies). However, some may still face competition from state-run enterprises that retain access to low-cost labor (e.g., Class III/IV) and state resources.

Department of CorrectionsMixed Impact

The Department of Corrections gains flexibility in structuring voluntary programs and expanding education partnerships, but must implement new systems for tracking participation, wage compliance, and privilege allocation—increasing administrative burden and potentially straining resources.

Postsecondary education and training providersMixed Impact

Postsecondary education providers and nonprofits gain new opportunities to partner with DOC and deliver accredited programs—including third-party funding pathways—but may face administrative complexity in navigating financial aid eligibility, cost-sharing formulas, and documentation requirements for incarcerated students.