Revised Code of Washington

Wash. Rev. Code § 51.12.045 (2026)

Offenders performing community restitution

✓ current as of May 2026
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Offenders performing community restitution pursuant to court order or under RCW 13.40.080 may be deemed employees and/or workers under this title at the option of the state, county, city, town, or nonprofit organization under whose authorization the community restitution is performed. Any premiums or assessments due under this title for community restitution work shall be the obligation of and be paid for by the state agency, county, city, town, or nonprofit organization for which the offender performed the community restitution. Coverage commences when a state agency, county, city, town, or nonprofit organization has given notice to the director that it wishes to cover offenders performing community restitution before the occurrence of an injury or contraction of an occupational disease.
[ 2002 c 175 s 40; 1986 c 193 s 1; 1984 c 24 s 4; 1981 c 266 s 1.]

Notes:

Effective date2002 c 175: See note following RCW 7.80.130.
Offenders treated as employees or workers by local governments: RCW 35.21.209, 35A.21.220, 36.16.139.
Notes of Decisions
Cited in 6 cases, 1990–2006 · leading case: Manor v. Nestle Food Co., 131 Wash. 2d 439 (Wash. 1997).
Manor v. Nestle Food Co., 131 Wash. 2d 439 (Wash. 1997). “” RCW 51.12.045 provides workers’ compensation coverage for offenders performing community service pursuant to court order.”
Manor v. Nestle Food Co., 932 P.2d 628 (Wash. 1997). “" RCW 51.12.045 provides workers' compensation coverage for offenders performing community service pursuant to court order.”
Bolin v. Kitsap Cnty., 785 P.2d 805 (Wash. 1990). “" RCW 51.12.045 (added by Laws of 1981, ch.”
Stevens Cnty. v. Dep't of Labor & Indus., 118 Wash. App. 870 (Wash. Ct. App. 2003). “Former RCW 51.12.045 (1977) provided that offenders performing community restitution pursuant to court order may be deemed covered employees or workers.”
In Re Wissink, 81 P.3d 865 (Wash. Ct. App. 2003). “In all of these statutes, however, the inmate workers do not meet the definition of volunteers. They either work for wages or pursuant to court order (compulsion).”
More v. Dep't of Ret. Sys., 137 P.3d 73 (Wash. Ct. App. 2006). “RCW 51.12.045, .140. RCW 51.12.020 also sets forth an extensive list of jobs subject to employer opt-in coverage under the IIA.”
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