Title 137 WAC — Corrections, Department of

Chapter 137-04 Introductory.

Wash. Admin. Code § 137-04-010 Definitions.

As used in this title:

(1) "Secretary" means the secretary of the department of corrections.

(2) "Department" means the department of corrections.

(3) "Inmate" or "offender" means any person committed to the custody or under the jurisdiction of the department.

History

• Statutory Authority: RCW 42.17.250. WSR 01-03-079, § 137-04-010, filed 1/16/01, effective 2/16/01
• WSR 82-04-023 (Order 82-3), § 137-04-010, filed 1/26/82.

Wash. Admin. Code § 137-04-015 Establishment of department.

The department of corrections was established effective July 1, 1981, by chapter 136, Laws of 1981, 47th legislature. Previously, functions delegated to the department of corrections were assigned to the adult corrections division, department of social and health services.

History

• Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-04-015, filed 1/26/82.

Wash. Admin. Code § 137-04-020 Structure of the department.

(1) The department is a statutorily created agency of the state of Washington. The executive head of the department is the secretary who is appointed by the governor with the consent of the senate, and serves at the pleasure of the governor. The secretary manages the department and is responsible for the administration of adult correctional programs including, but not limited to, the operation of all state correctional institutions or facilities used for the confinement of convicted felons and the supervision of certain offenders in the community. The secretary may create a succession plan to identify individuals to act as the secretary's designee.

(2) Current organizational and contact information can be found on department's public website at http://www.doc.wa.gov/about/agency/leadership.htm.

History

• Statutory Authority: RCW 72.01.090. WSR 17-02-047, § 137-04-020, filed 12/29/16, effective 1/29/17
• WSR 07-12-073, § 137-04-020, filed 6/5/07, effective 7/6/07. Statutory Authority: RCW 42.17.250. WSR 01-03-079, § 137-04-020, filed 1/16/01, effective 2/16/01
• WSR 82-04-023 (Order 82-3), § 137-04-020, filed 1/26/82.

Wash. Admin. Code § 137-04-030 Use of gender and number.

As used in this title, words importing the singular number may extend and be applied to several persons or things and vice versa. Words importing the masculine gender may be applied to females or organizations.

History

• Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-04-030, filed 1/26/82.

Chapter 137-08 Public records—Disclosure.

Wash. Admin. Code § 137-08-010 Purpose.

The purpose of this chapter is to ensure compliance by the department of corrections with the provisions of the Public Records Act, chapter 42.56 RCW.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-010, filed 3/19/18, effective 4/19/18
• WSR 07-12-073, § 137-08-010, filed 6/5/07, effective 7/6/07. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-010, filed 1/26/82.

Wash. Admin. Code § 137-08-020 Definitions.

(1) "Public records" include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by the department regardless of physical form or characteristics.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof; and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.

(3) "Department" means the department of corrections.

(4) "Client" means any person or organization about whom the department has a record.

(5) "Disclosure" means inspection and/or copying.

(6) "Denial of disclosure" denotes any exempting from disclosure of any public record.

History

• Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-020, filed 1/26/82.

Wash. Admin. Code § 137-08-060 Public records available.

The department will take the most timely action possible under the circumstances in responding to public records requests submitted to the agency. Every public records request must be provided an initial response in writing within five business days of receipt of the request.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-060, filed 3/19/18, effective 4/19/18
• WSR 08-04-045, § 137-08-060, filed 1/31/08, effective 3/2/08
• WSR 07-12-073, § 137-08-060, filed 6/5/07, effective 7/6/07. Statutory Authority: RCW 10.97.080 and 42.17.320. WSR 86-10-010 (Order 86-05), § 137-08-060, filed 4/29/86. Statutory Authority: RCW 10.97.080, 42.17.250 and 72.01.090. WSR 85-13-020 (Order 85-06), § 137-08-060, filed 6/10/85. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-060, filed 1/26/82.

Wash. Admin. Code § 137-08-070 Public records officer.

The department will designate a public records officer, who will be responsible for implementing the department's rules regarding disclosure of public records, coordination of staff in this regard, and generally ensuring compliance by staff with public records disclosure requirements.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-070, filed 3/19/18, effective 4/19/18. Statutory Authority: RCW 10.97.080 and 42.17.320. WSR 86-10-010 (Order 86-05), § 137-08-070, filed 4/29/86. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-070, filed 1/26/82.

Wash. Admin. Code § 137-08-080 Public records coordinators.

The department will designate from among its employees public records coordinators, who will:

(1) Have responsibility to respond to written requests for disclosure of the department's nonexempt public records located in that location; and

(2) Be responsible to gather records from staff and provide them in response to any public records request pertaining to their location.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-080, filed 3/19/18, effective 4/19/18. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-080, filed 1/26/82.

Wash. Admin. Code § 137-08-090 Request for public records.

(1) All requests for the disclosure of a public record, other than requests by incarcerated individuals for inspection of their health record or central file must be submitted in writing directly to the Department of Corrections Public Records Officer at P.O. Box 41118, Olympia, WA 98504 or via email at publicdisclosureunit@doc1.wa.gov identifying the record(s) sought with reasonable certainty. The written request should include:

(a) The name of the person requesting the record and their contact information;

(b) The calendar date on which the request is made; and

(c) The records requested.

Incarcerated individuals under the authority of the department of corrections will submit requests to inspect their own health record, under chapter 70.02 RCW, or central file to the records manager at the facility in which they are currently incarcerated. For all other requests, incarcerated individuals must submit the request to the public records officer at the address listed in this subsection.

(2) A request received after business hours will be considered to have been received the following business day.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-090, filed 3/19/18, effective 4/19/18
• WSR 08-04-045, § 137-08-090, filed 1/31/08, effective 3/2/08. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-090, filed 1/26/82.

Wash. Admin. Code § 137-08-110 Fees—Inspection and copying.

(1) The following copy fees and payment procedures apply to requests to the department under chapter 42.56 RCW and received on or after July 23, 2017.

(2) Pursuant to RCW 42.56.120 (2)(b), the department is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The department does not have the resources to conduct a study to determine all of its actual copying costs;

(b) Through the 2017 legislative process, the public including requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).

(3) The department will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The department will charge for any customized services used pursuant to RCW 42.56.120(3). Under RCW 42.56.430, the department may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The charges for copying methods used by the department are summarized in the fee schedule available on the department's website at www.doc.wa.gov.

(4) Requestors are required to pay for copies in advance of receiving the records.

(5) No fee will be charged for the inspection of public records.

(6) No fee will be charged to:

(a) Law enforcement agencies that have made a request to the department for the purpose of active criminal investigation and/or prosecution.

(b) Other state agencies.

(c) Additional waivers may be made at the discretion of the public records officer.

(7) The public records officer may require an advance deposit of ten percent of the estimated fees or customized service charge as allowable under RCW 42.56.120(4).

(8) Responsive records may be provided in installments as allowable under RCW 42.56.120(4). Each installment must be either paid for or inspected prior to fulfilling the remainder of the request.

(9) Payment should be made by check or money order to the department of corrections. If, at the discretion of the public records officer cash payment is permitted, then the public records officer will also determine the denomination of bills and coins that will be accepted.

(10) The department will close a request when the requestor fails within thirty days to pay for a request or an installment or for the required ten percent deposit.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-110, filed 3/19/18, effective 4/19/18. Statutory Authority: RCW 10.97.080, 42.17.250 and 72.01.090. WSR 85-13-020 (Order 85-06), § 137-08-110, filed 6/10/85. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-110, filed 1/26/82.

Wash. Admin. Code § 137-08-120 Inspection of public records.

Other than incarcerated individuals inspecting their own health record or central file, public records will be inspected at department headquarters. This inspection will occur only in the presence of a public records or correctional records staff person or his or her designee, who will withdraw the records if the person requesting disclosure acts in a manner which could damage or substantially disorganize the records or interfere excessively with other essential functions of the department.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-120, filed 3/19/18, effective 4/19/18. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-120, filed 1/26/82.

Wash. Admin. Code § 137-08-130 Exemption procedure.

(1) The public records staff will review file materials prior to disclosure.

(2) If the file does not contain materials exempt from disclosure, the staff person will ensure full production.

(3) When a person's identity is relevant to an exemption, that person may be required to provide personal identification.

(4) If the file does contain materials exempt from disclosure, under chapter 42.56 RCW or other statutes, the staff person responding will deny production of those exempt portions of the file, and will, at the time of denial, in writing, clearly specify the reasons for the denial of production, including a statement of the specific exemptions or reasons authorizing the withholding of the record and a brief explanation of how the exemption or reason applies. The remaining, nonexempt materials will be fully disclosed.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-130, filed 3/19/18, effective 4/19/18. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-130, filed 1/26/82.

Wash. Admin. Code § 137-08-140 Review of denial of disclosure.

(1) If the person requesting disclosure disagrees with the decision or the processing of their request, such person may petition the department's public records appeals officer for review of the decision denying disclosure. The form used by public records staff to deny disclosure of a public record will clearly indicate this right of review.

(2) Within thirty calendar days after receipt of a petition for review of a decision, the department will review the decision and advise the requestor, in writing, of its decision.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-140, filed 3/19/18, effective 4/19/18. Statutory Authority: RCW 10.97.080 and 42.17.320. WSR 86-10-010 (Order 86-05), § 137-08-140, filed 4/29/86. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-140, filed 1/26/82.

Wash. Admin. Code § 137-08-180 Records index.

A general records index outlining common record types maintained by the agency may be accessed on the department's website in the public disclosure section at http://www.doc.wa.gov/information/records/request.htm.

History

• Statutory Authority: RCW 72.01.090. WSR 18-07-081, § 137-08-180, filed 3/19/18, effective 4/19/18
• WSR 08-01-026, § 137-08-180, filed 12/10/07, effective 1/10/08
• WSR 06-19-058, § 137-08-180, filed 9/18/06, effective 10/19/06. Statutory Authority: RCW 42.17.250. WSR 82-04-023 (Order 82-3), § 137-08-180, filed 1/26/82.

Chapter 137-12A One-time impact funds available to qualifying political subdivisions.

Wash. Admin. Code § 137-12A-010 Purpose.

The purpose of this chapter is to implement the distribution of funds appropriated by the legislature to mitigate the one-time cost impact associated with locating additional state correctional facilities within their boundaries; with the cost of criminal justice and social/human services associated with inmate families within their boundaries; or the costs associated with the one-time impact of adding beds or increasing population capacity at correctional facilities.

History

• Statutory Authority: RCW 72.01.090. WSR 91-10-018, § 137-12A-010, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.01.090 and 1984 c 246 § 2. WSR 84-14-077 (Order 84-10), § 137-12A-010, filed 7/2/84. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-010, filed 2/27/84. Formerly chapter 137-12 WAC.

Wash. Admin. Code § 137-12A-020 Definitions.

As used in this chapter, the following items shall have the following meanings:

(1) "Secretary" shall mean the secretary of the department of corrections.

(2) "Department" shall mean the department of corrections.

(3) "Inmate" shall mean an individual sentenced to the custody of the department under state law and an individual transferred from another state or the federal government.

(4) "Institution" shall mean a facility described in RCW 72.01.050(2), such other similar facility hereafter established and a community residence operated pursuant to chapter 72.65 RCW.

(5) "Political subdivision" shall mean any city, town, county or other unit of local government.

(6) "Additional correctional facility" shall mean (a) a new building constructed at a new location for use in housing or servicing inmates; (b) a new building constructed on the grounds of an existing institution for use in housing or servicing inmates; and/or (c) a preexisting building heretofore not used by the department as a correctional facility which is reopened for use in housing or servicing inmates.

(7) "One-time cost impact" shall mean an economic impact experienced by a political subdivision associated with locating an additional correctional facility within its boundaries or associated with such other event specifically designated by the legislature.

(8) "Inmate family" shall mean the inmate's dependent children, the inmate's spouse or state registered domestic partner or parent and their dependents, or the legal guardian of the inmate's dependent children who were not residents of the local county where the inmate is incarcerated prior to the incarceration of the inmate.

(9) All references to the singular shall include the plural unless noted otherwise.

History

• Statutory Authority: RCW 72.01.090. WSR 10-07-143, § 137-12A-020, filed 3/23/10, effective 4/23/10
• WSR 91-10-018, § 137-12A-020, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.01.090 and 1984 c 246 § 2. WSR 84-14-077 (Order 84-10), § 137-12A-020, filed 7/2/84. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-020, filed 2/27/84.

Wash. Admin. Code § 137-12A-030 Eligibility.

(1) A political subdivision is eligible to apply for mitigating funds under this chapter if it experiences a demonstrable one-time cost impact; or demonstrable costs for criminal justice and social/human services related to inmate families. Provided, however, application must be made prior to the last day of the state fiscal biennium in which the one-time cost impact occurred. Applications made after that date will be considered only if funds appropriated by the legislature are available.

(2) A political subdivision which has been reimbursed for a one-time cost impact is thereafter not eligible to apply for additional funding under this chapter based on the same event which gave rise to the one-time impact for which reimbursement has been received.

History

• Statutory Authority: RCW 72.01.090. WSR 91-10-018, § 137-12A-030, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.01.090 and 1984 c 246 § 2. WSR 84-14-077 (Order 84-10), § 137-12A-030, filed 7/2/84. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-030, filed 2/27/84.

Wash. Admin. Code § 137-12A-040 Funding priority.

The impact committee established herein shall establish a priority of funding under this chapter.

History

• Statutory Authority: RCW 72.01.090 and 1984 c 246 § 2. WSR 84-14-077 (Order 84-10), § 137-12A-040, filed 7/2/84. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-040, filed 2/27/84.

Wash. Admin. Code § 137-12A-050 Application procedure.

(1) A political subdivision must request funding under this chapter by submitting a written request to:

Department of Corrections

Contracts and Legal Affairs

P.O. Box 41114

Olympia, WA 98504-1114

(2) Requests must document the one-time cost impact for which reimbursement is requested. Such documentation may include reference to:

(a) Criminal justice costs.

(b) Social service or human service costs.

(c) Transportation, roads and utility costs.

(d) Other similar costs.

(3) Requests for reimbursement of costs related to inmate families shall be documented by the political subdivision and take into account offsetting revenues from federal, state, or charitable sources. Such documentation shall include, but not be limited to:

(a) Social service or human service costs within the community related to inmate families.

(b) Criminal justice costs.

(c) The relationship of those costs to the offender population.

(d) An affidavit that such costs are not funded or offset from other sources or subject to reimbursement by the recipient of such services.

(4) The burden of demonstrating the impact shall be on the requesting political subdivision. The department may provide technical assistance to the political subdivision and verification of impact requests.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-12A-050, filed 10/17/03, effective 11/17/03
• WSR 91-10-018, § 137-12A-050, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.01.090 and 1984 c 246 § 2. WSR 84-14-077 (Order 84-10), § 137-12A-050, filed 7/2/84. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-050, filed 2/27/84.

Wash. Admin. Code § 137-12A-060 Department review committee.

(1) All requests shall be reviewed by a department committee composed of the following individuals or their designees:

(a) Deputy secretary, office of administrative services;

(b) Deputy secretary, office of correctional operations;

(c) Contracts and regulations administrator;

(d) Administrator, capital planning and development; and the

(e) Senior assistant attorney general assigned to the department.

(2) The review committee shall approve or disapprove the requests. If a request is disapproved in total or in part, the committee shall send a letter to the requesting political subdivision with the reasons for disapproval.

(3) The committee decision shall be final unless appealed to the secretary within twenty days after a political subdivision receives notice of disapproval.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-12A-060, filed 10/17/03, effective 11/17/03
• WSR 91-10-018, § 137-12A-060, filed 4/23/91, effective 5/24/91
• WSR 87-06-045 (Order 87-01), § 137-12A-060, filed 3/4/87. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-060, filed 2/27/84.

Wash. Admin. Code § 137-12A-070 Contracts.

Requests approved for funding under this chapter shall be evidenced in a written contract document processed through the contracts and legal affairs section and approved by the secretary and submitting jurisdiction. Funding shall be limited to actual costs incurred during the term of the contract.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-12A-070, filed 10/17/03, effective 11/17/03
• WSR 91-10-018, § 137-12A-070, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-070, filed 2/27/84.

Wash. Admin. Code § 137-12A-080 Implied consent to audit.

(1) By submitting requests the requesting political subdivision agrees to maintain records which would support the request made for a period five years after the date of such request.

(2) If requested by the secretary, or his/her designee, the political subdivision shall make these records available for review and/or audit by the department.

History

• Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-080, filed 2/27/84.

Wash. Admin. Code § 137-12A-090 Limitation of funding.

Funding under this chapter shall be available only to the maximum appropriated by the legislature for that purpose.

History

• Statutory Authority: RCW 72.01.090. WSR 91-10-018, § 137-12A-090, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Order 84-03), § 137-12A-090, filed 2/27/84.

Chapter 137-20 Sale of products and services of vocational education students.

Wash. Admin. Code § 137-20-005 Definitions.

As used in this chapter the following words shall have the following meanings:

(1) "Vocational education" shall have the same meaning as set forth in RCW 72.62.020.

(2) "Students" means inmates of adult correctional institutions or facilities enrolled in a vocational education program.

(3) "Products" means goods, wares, articles, or merchandise produced by students as part of a vocational education program.

(4) "Services" means work performed for others by students as part of a vocational education program not related to the production of products.

History

• Statutory Authority: RCW 72.01.090. WSR 86-02-052 (Order 85-12), § 137-20-005, filed 12/31/85. Formerly chapter 275-53 WAC.

Wash. Admin. Code § 137-20-010 Sale of products and services.

Superintendents and administrators of adult correctional institutions and facilities, or their designees, may adopt procedures for the sale of products and services on the open market. The prices for products sold on the open market may be established at levels sufficient to recover the cost of production, including the cost of materials used and the value of depreciation of equipment used to produce the products. The prices for services sold on the open market may be established at levels sufficient to recover the cost of performing the service.

History

• Statutory Authority: RCW 72.01.090. WSR 86-02-052 (Order 85-12), § 137-20-010, filed 12/31/85. Formerly chapter 275-53 WAC.

Wash. Admin. Code § 137-20-015 Proceeds of sales.

The proceeds from the sale of products shall be credited to the institution or facility where the products were produced, deposited in a revolving fund, and expended for the purchase of supplies, materials, and equipment for use in vocational education programs. The proceeds from the sale of services shall be credited to the institution or facility where the services were performed, and may be expended for the purchase of supplies, materials, and equipment for use in vocational education programs, and for the payment of wages earned by students in performing services.

History

• Statutory Authority: RCW 72.01.090. WSR 86-02-052 (Order 85-12), § 137-20-015, filed 12/31/85. Formerly WAC 275-53-065.

Chapter 137-24 Special drug sentencing alternative revocation hearings.

Wash. Admin. Code § 137-24-010 Purpose.

The purpose of this chapter is to specify policies and procedures pertaining to revocation of offenders, while in total/partial confinement, sentenced under the special drug offender sentencing alternative. Offenders sentenced under the special drug offender sentencing alternative, are mandated by statute to undergo a comprehensive substance abuse assessment and receive, within available resources, substance abuse treatment services. Offenders who fail to complete or are administratively terminated from the special drug offender sentencing alternative substance abuse treatment program are subject to reclassification and service of the unexpired term of his/her sentence as ordered by the sentencing court. The following regulations set forth procedural guidelines. They do not create procedural or substantive rights in any person and should not be interpreted or applied in such a manner as to abridge rights already guaranteed by the United States Constitution. The regulations should be interpreted as having sufficient flexibility to be consistent with law and permit the department to accomplish its statutory purposes.

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 06-21-054, § 137-24-010, filed 10/13/06, effective 11/13/06.

Wash. Admin. Code § 137-24-020 Definitions.

For purposes of this chapter, the following words have the following meanings:

(1) "Appeals panel" means three reviewing officers designated by the secretary with the authority to review hearing officer's decision, and to affirm, reverse, or modify decisions and sanctions in accordance with RCW 9.94A.205.

(2) "Department" means the Washington state department of corrections.

(3) "Deputy secretary" means the deputy secretary of the prisons division of the department, or the deputy secretary's designee.

(4) "Hearing officer" means an employee of the department authorized to conduct department hearings.

(5) "Hearing program manager" means the manager/administrator of the hearings unit of the department, or the hearings program manager's designee.

(6) "Infraction" means commission of, attempt to commit, or conspiracy with another to commit any violation of prison rules as enumerated in chapter 137-28 WAC.

(7) "Lesser included" means an infraction that must necessarily have been committed in order to commit another infraction.

(8) "Negotiated sanction" means an agreement between the offender and the department, reviewed and signed off on by a hearings officer, in which the offender admits violations and agrees to comply with the imposed sanction(s).

(9) "Offender" means any person in the custody of or subject to the jurisdiction of the department.

(10) "Partial confinement" means confinement in a facility or institution operated or utilized under contract by the state or by any other unit of government, to include, but not be limited to, work release, treatment center, residential facility, or home detention with electronic monitoring.

(11) "Secretary" means the secretary of the department, or the secretary's designee.

(12) "Staff member" means any employee of the department of corrections, contract employee or volunteer.

(13) "Stipulated agreement" means an agreement between the offender and the department in which the offender admits violations and agrees to comply with the imposed sanction(s).

(14) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, to include, but not be limited to, adult correctional facilities, camp or a county or municipal jail.

(15) "Working day" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington.

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 06-21-054, § 137-24-020, filed 10/13/06, effective 11/13/06.

Wash. Admin. Code § 137-24-030 Hearing procedures.

(1) Offenders accused of failing to complete or having been administratively terminated from an in-custody substance abuse program are entitled to a hearing prior to the revocation or to the imposition of sanctions by the department.

(2) The hearing shall be conducted by a hearing officer in the department's community corrections hearing unit, and shall be considered as an offender disciplinary proceeding and shall not be subject to chapter 34.05 RCW, the Administrative Procedure Act.

(3) Hearings shall be conducted within five working days, but not less than twenty-four hours, after service of the notice of allegations, hearing and rights, and waiver form.

(4) Prior to the commencement of a hearing, the hearing officer shall verify that proper notice of the hearing has been given and that the offender was properly served with the notice of allegations, hearing and rights, and waiver form, given a copy of the report of alleged violations, and provided with all supporting documentary evidence to be presented by the department.

(5) The hearing officer is authorized to find an inmate guilty of the lesser included offense, failure to program, WAC 137-25-030 #557, without issuing a new infraction report or conducting a new hearing.

(6) Hearings shall be electronically recorded and shall be retained in accordance with the department's retention schedule. An offender, who is the subject of the hearing, may request a copy of the recording of that hearing by submitting a request in writing.

(7) The offender may call witnesses to testify on his/her behalf at the hearing. The hearing officer may limit the number of witnesses and the scope of the testimony to matters relevant to the allegations and/or disposition.

(8) Confidential information will be considered in accordance with procedures of WAC 137-28-300(7).

(9) At the hearing, a treatment staff or facility member has the obligation of setting forth evidence supporting the allegations of violations and of offering recommendations of disposition.

(10) The department has the obligation of proving each of the allegations of violation by preponderance of the evidence.

(11) The hearing officer shall:

(a) Administer oaths and affirmation;

(b) Weigh the credibility of the witnesses;

(c) Rule on all procedural matters, objections and motions;

(d) Rule on offers of proof, and receive relevant evidence including hearsay evidence;

(e) Question witnesses called by the parties in an impartial manner to elicit any facts deemed necessary to fairly and adequately decide the matter;

(f) Render or defer a decision; and

(g) Take any other actions necessary and authorized by these rules and law.

(12) The hearing officer may grant a request for a continuance of the hearing as long as such continuation is granted for good cause and does not unduly delay the hearing.

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 06-21-054, § 137-24-030, filed 10/13/06, effective 11/13/06.

Wash. Admin. Code § 137-24-040 Rights specified.

(1) To receive written notice of the alleged violation of the DOSA sentence.

(2) To have an electronically recorded hearing conducted within five working days of service of the notice.

(3) To have a neutral and detached hearing officer conduct the hearing.

(4) To examine, no later than twenty-four hours before the hearing, all supporting nonconfidential documentary evidence which the department of corrections intends to present during the hearing.

(5) To admit to the allegation. This may limit the scope of the hearing.

(6) To be present during the fact-finding and disposition phases of the hearing.

(7) To present his/her case to the hearing officer. If there is a language or communication barrier, the hearing officer may appoint someone to interpret or otherwise assist the offender. However, no other person may represent the offender in presenting his/her case. There is no right to an attorney or counsel.

(8) To confront and cross-examine witnesses appearing and testifying at the hearing.

(9) To testify during the hearing or to remain silent. An offender's silence will not be held against him/her.

(10) To have witnesses provide testimony on his/her behalf, either in person or in a witnessed statement/affidavit. However, outside witnesses may be excluded due to institutional concerns. The hearing officer may also exclude persons from the hearing upon a finding of good cause, or if the information to be presented by the witnesses is deemed irrelevant, duplicative, or unnecessary to the adequate presentation of the inmate's case. In addition, the hearing officer may exclude a witness from testifying at a hearing or may require a witness to testify outside of the offender's presence when there is a substantial likelihood that the witness will not be able to give effective, truthful testimony with the offender present. In either event, the offender may submit a list of questions to ask the witness(es).

(11) To receive a written hearing and decision summary including the evidence presented; a finding of guilty or not guilty; and the reasons to support the findings of guilt; and the sanction imposed. In the event of a deferred decision to receive a copy of the hearing and decision summary from facility staff within a reasonable amount of time.

(12) To receive a copy of the department of corrections hearing report.

(13) To obtain a copy of the audio recording of the hearing. The offender must send a written request to the hearings unit.

(14) To appeal to the regional appeals panel, in writing, within seven calendar days of receipt of the hearing and decision summary. The offender may also file a personal restraint petition to appeal the department's final decision through the court of appeals.

(15) If the offender waives their right to be present at the hearing, the department of corrections may conduct the hearing in their absence and may impose sanctions that could include loss of liberty and/or reclassification/revocation of the DOSA sentence.

(16) To waive any or all of the above rights.

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 06-21-054, § 137-24-040, filed 10/13/06, effective 11/13/06.

Wash. Admin. Code § 137-24-050 Determination of competency.

(1) Whenever, as a preliminary matter, the offender or the community corrections officer raises the issue of the offender's competency, or there is a reason to doubt his/her competency, the hearing officer shall request a county mental health professional or a qualified expert within the department to examine the offender and report upon the mental condition and competency of the offender to participate in the hearing.

(2) Once the report is delivered to the hearing officer, the hearing shall be reconvened. Based on all evidence, including the competency evaluation, the hearing officer shall determine whether the offender is competent to participate in the hearing and shall determine the appropriate disposition.

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 06-21-054, § 137-24-050, filed 10/13/06, effective 11/13/06.

Wash. Admin. Code § 137-24-060 Appeals.

(1) Within seven calendar days of the hearing, the offender may appeal the decision of the hearing officer to the appeal panel. The request for review shall be submitted in writing and shall identify the specific issues on appeal.

(2) The sanction may be reversed or modified if a majority of the panel determines that the sanction is not reasonably related to the infraction behavior.

(3) The appeals panel will also examine evidence presented at the hearing and reverse any finding of a violation based solely on unconfirmed or unconfirmable allegations.

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 06-21-054, § 137-24-060, filed 10/13/06, effective 11/13/06.

Chapter 137-25 Serious violations—Total and partial confinement facilities.

Wash. Admin. Code § 137-25-010 Application of chapter.

The definitions and serious violations described herein apply to incarcerated individuals committed to both total and partial confinement facilities.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-25-010, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-25-010, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-25-010, filed 11/28/05 and 12/28/05, effective 5/1/06.

Wash. Admin. Code § 137-25-020 Definitions.

For the purposes of this chapter, the following terms have the following meanings:

(1) Aggravated assault - An assault resulting in a documented physical injury requiring treatment in a medical facility/treatment center by medical staff including, but not limited to, bandaging, suturing, surgery, etc. An examination conducted by medical staff to determine whether an injury has been sustained shall not be considered treatment.

(2) Assault - A physical attack upon the body of another person. The attack may be made with any instrument including, but not limited to, weapons, body parts, food products, or bodily secretions.

(3) Attempting - Putting forth an effort to commit any violation.

(4) Bodily harm - Physical pain or injury, illness, or impairment of physical condition.

(5) Conspiring - Entering into an agreement with another person(s) to commit a violation.

(6) Facility - A correctional facility as defined in RCW 72.09.015.

(7) Infraction - A term designating the procedures and documents related to incarcerated individual misconduct and the facility disciplinary process.

(8) Incarcerated individual - An inmate as defined in RCW 72.09.015.

(9) Possessing - When an item(s) is found on an incarcerated individual or in an incarcerated individual's assigned area of responsibility.

(10) Sex act - Includes, but is not limited to, any of the following acts: Genital-genital, oral-genital, anal-genital, or oral-anal contact/penetration; genital or anal contact/penetration with an inanimate object; masturbation; sadistic/masochistic abuse; bondage; bestiality; and/or bodily excretory behavior which appears to be sexual in nature.

(11) Sexual assault against a staff member - An incident in which one or more of the following actions is taken or threatened against a staff member without their consent or when they are unable to consent or refuse:

(a) Contact between genitalia (i.e., penis, vagina) or between genitalia and the anus involving penetration, however slight. This does not include kicking, grabbing, or punching genitals when the intent is to harm or debilitate rather than to sexually exploit.

(b) Contact between the mouth and the penis, vagina, or anus.

(c) Penetration of the anal or genital opening of the staff member by hand, finger, or other object.

(12) Sexual contact against a staff member - Contact against a staff member without their consent or when the staff member is unable to consent or refuse which includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttock of the staff member. This does not include kicking, grabbing, or punching when the intent is to harm or debilitate rather than to sexually exploit.

(13) Sexual harassment against a staff member, visitor, or community member - Any word, action, gesture, or other behavior taken against a staff member, visitor, or community member that is sexual in nature and that would be offensive to a reasonable person.

(14) Staff member - A department of corrections employee, contract staff, or volunteer.

(15) Violation - The act of failing to comply with a rule enumerated in this chapter.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-25-020, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-25-020, filed 9/24/15, effective 1/8/16
• WSR 13-18-002, § 137-25-020, filed 8/21/13, effective 9/21/13
• WSR 09-01-195, § 137-25-020, filed 12/24/08, effective 1/24/09
• WSR 06-21-054, § 137-25-020, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-25-020, filed 11/28/05 and 12/28/05, effective 5/1/06.

Wash. Admin. Code § 137-25-025 Adoption or revision of serious violations.

(1) The secretary may adopt and/or revise serious violations.

(2) Before adopting or revising a serious violation, the secretary shall, when applicable, follow the rule-making procedures of chapter 34.05 RCW, the Administrative Procedure Act.

(3) Nothing herein shall be construed as limiting the department of corrections' exclusion from the Administrative Procedure Act under RCW 34.05.030 (1)(c).

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-25-025, filed 9/24/15, effective 1/8/16.

Wash. Admin. Code § 137-25-030 Serious violations.

(1) Any of the following types of behavior may constitute a serious violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation, with the exception of attempting an aggravated assault. Attempting to commit an aggravated assault will be charged as violation:

(a) #633 When against another incarcerated individual;

(b) #704 When against a staff member; or

(c) #711 When against a visitor or community member.

Category A

Category B - Level 1

Category B - Level 2

Category B - Level 3

Category C - Level 1

Category C - Level 2

Category C - Level 3

Category D

(2) If contraband or another violation is discovered in an incarcerated individual's assigned area of responsibility, such as within the confines or contents of a cell, the contraband or other violation shall be constructively attributed (i.e., cell tagged) to all incarcerated individuals assigned responsibility for that area.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-25-030, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-25-030, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090 and 72.65.100. WSR 19-24-045, § 137-25-030, filed 11/26/19, effective 12/13/19. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-25-030, filed 9/24/15, effective 1/8/16. WSR 14-12-095, § 137-25-030, filed 6/4/14, effective 7/1/14. Statutory Authority: RCW 72.09.130, 72.01.090, and 72.65.100. WSR 11-17-119, § 137-25-030, filed 8/23/11, effective 9/23/11
• WSR 09-01-195, § 137-25-030, filed 12/24/08, effective 1/24/09
• WSR 06-21-054, § 137-25-030, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-25-030, filed 11/28/05 and 12/28/05, effective 5/1/06.

Chapter 137-28 Discipline—Prisons.

Wash. Admin. Code § 137-28-140 Purpose.

The rules in this chapter provide a standardized system to determine whether misconduct by an incarcerated individual has occurred, and to provide a system that clearly links an incarcerated individual's behavior and participation in available work, training, education, or other programming as determined through classification with the receipt or denial of earned release time and other privileges as outlined in department policy.

The rules in this chapter shall not apply to proceedings of the indeterminate sentence review board.

The following rules set forth procedural guidelines. They do not create any procedural or substantive rights in any person, including any liberty interests in time credits, levels of custody, classification status, or other privileges. In accordance with Washington statutes, such matters are governed solely by the discretion of the department of corrections.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-140, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-140, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-140, filed 5/2/00, effective 6/2/00
• WSR 97-03-041, § 137-28-140, filed 1/10/97, effective 2/4/97. WSR 95-15-044, § 137-28-140, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-150 Authority.

The authority for this chapter is RCW 72.01.090, 72.09.130, and 9.94.070.

History

• Statutory Authority: RCW 72.09.130, 72.01.090 and 9.94.070. WSR 98-04-086, § 137-28-150, filed 2/4/98, effective 3/7/98. WSR 95-15-044, § 137-28-150, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-160 Definitions.

For the purposes of this chapter, the following terms have the following meanings:

(1) Attempting - Putting forth an effort to commit any violation.

(2) Business days - Monday through Friday, excluding holidays and days the facility is experiencing altered/modified/emergency operational status.

(3) Conspiring - Entering into an agreement with another person(s) to commit a violation.

(4) Facility - A correctional facility as defined in RCW 72.09.015.

(5) Hearing officer - A trained staff member designated by the superintendent to conduct disciplinary hearings processes, as well as review appeals of general violations.

(6) Infraction - A term designating the procedures and documents related to incarcerated individual misconduct and the facility disciplinary process as a result of a rule violation.

(7) Infraction review officer - A trained staff member who assesses and evaluates the accuracy of the infraction packet, to include verification of the incident, appropriateness of the violation(s) charged, thoroughness of the information, and verification that supporting documents are included and that all evidence is collected and handled correctly (when applicable) before submittal to the hearing office.

(8) Lesser included offense - A less serious violation than the one charged, but one which the incarcerated individual necessarily committed in carrying out the charged violation.

(9) Incarcerated individual - An inmate as defined in RCW 72.09.015.

(10) Possessing - When an item(s) is found on an incarcerated individual or in an incarcerated individual's assigned area of responsibility.

(11) Promptly - To act as soon as reasonably possible, consistent with facility goals of safety, security, and rehabilitation.

(12) Staff member - A department of corrections employee, contract staff, or volunteer.

(13) Violation - The act of failing to comply with a rule enumerated in this chapter or chapter 137-25 WAC.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-160, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-160, filed 9/24/15, effective 1/8/16
• WSR 13-18-002, § 137-28-160, filed 8/21/13, effective 9/21/13
• WSR 09-01-195, § 137-28-160, filed 12/24/08, effective 1/24/09. Statutory Authority: RCW 72.01.090. WSR 05-16-033, § 137-28-160, filed 7/26/05, effective 8/26/05. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-160, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-160, filed 5/2/00, effective 6/2/00
• WSR 97-03-041, § 137-28-160, filed 1/10/97, effective 2/4/97. WSR 95-15-044, § 137-28-160, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-170 Supplementary rules.

(1) The superintendent may promulgate and implement pilot programs, local supplementary rules, policies, and procedures, including the creation of new sanctions.

(2) All pilot programs, local supplementary rules, policies, procedures, and new or supplemental sanctions shall be approved in writing by the assistant secretary before being implemented.

History

• Statutory Authority: RCW 72.01.090. WSR 20-08-037, § 137-28-170, filed 3/24/20, effective 4/24/20. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-170, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-170, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-170, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-180 Notification.

(1) All incarcerated individuals confined in a facility shall have access to policies and rules regarding:

(a) Their rights and responsibilities in disciplinary matters;

(b) Acts prohibited in the facility; and

(c) Disciplinary action that may be taken in the event of misconduct.

(2) All incarcerated individuals shall have access to a copy of the local disciplinary policies of the facility to which they are assigned.

(3) Incarcerated individuals unable to read or understand English shall be provided access to a written or recorded translation of these rules in their accustomed language.

(4) Incarcerated individuals should be provided access to changes to disciplinary policies or rules in advance of their effective date.

(a) Complete and up-to-date copies of these rules and all facility disciplinary policies shall be available for incarcerated individual access at each facility.

(b) Incarcerated individuals are responsible for informing themselves of changes to the rules and policies.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-180, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-180, filed 9/24/15, effective 1/8/16. WSR 95-15-044, § 137-28-180, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-190 Referral to law enforcement.

(1) The superintendent should report any felony under state or federal law committed in a facility to law enforcement. Any time an incarcerated individual commits a serious violation after losing all potential earned release time credits, the superintendent should report the incarcerated individual to local law enforcement for possible felony prosecution under RCW 9.94.070.

(2) The superintendent may report any misdemeanor under state or federal law committed in a facility to law enforcement.

(3) Nothing in this section shall prevent an incarcerated individual's assignment to administrative segregation.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-190, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-190, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.09.130, 72.01.090 and 9.94.070. WSR 98-04-086, § 137-28-190, filed 2/4/98, effective 3/7/98. WSR 95-15-044, § 137-28-190, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-200 Out-of-state incarcerated individuals.

(1) Incarcerated individuals committed to the department of corrections who have been transferred to a prison in another state shall be subject to the disciplinary rules and procedures applicable to that prison. That prison may, in its discretion, use any presumptive sanction guidelines currently in effect in Washington state facilities.

(2) Incarcerated individuals committed to the department of corrections from other states shall be subject to the disciplinary rules and procedures currently in effect in the Washington state facility to which they are assigned.

(3) Each state shall forward all serious infraction reports and appeals to the originating state within seven days of the final action, and may include a recommendation that the incarcerated individual return to the originating state.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-200, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-200, filed 9/24/15, effective 1/8/16. WSR 95-15-044, § 137-28-200, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-210 Hearing officers.

(1) Each hearing shall be conducted by a hearing officer designated by the superintendent.

(2) Hearing officers may not preside over a hearing when they are related to the incarcerated individual, witness, victim, or infracting officer, or have direct personal involvement in the infraction under consideration. For purposes of this section, direct personal involvement means knowledge or interest acquired through witnessing, investigating, or directly participating in the incident under consideration. This rule shall not preclude hearing officer participation where the hearing officer has acquired knowledge of the incident as part of regular facility responsibilities.

(3) Hearing officers may disqualify themselves or may be disqualified by the superintendent if biased for or against any incarcerated individual so that they cannot render a fair and impartial decision in the hearing.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-210, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-210, filed 9/24/15, effective 1/8/16. WSR 06-24-087, § 137-28-210, filed 12/4/06, effective 1/4/07. WSR 95-15-044, § 137-28-210, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-220 General violations.

(1) Any of the following types of behavior may constitute a general violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation.

(2) If contraband or another violation is discovered in an incarcerated individual's assigned area of responsibility, such as within the confines or contents of a cell, the contraband or other violation shall be constructively attributed (i.e., cell tagged) to all incarcerated individuals assigned responsibility for that area.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-220, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-220, filed 9/24/15, effective 1/8/16
• WSR 06-21-054, § 137-28-220, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-220, filed 5/28/02, effective 6/28/02. WSR 01-22-094 , § 137-28-220, filed 11/6/01, effective 12/6/01. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-220, filed 5/2/00, effective 6/2/00
• WSR 97-03-041, § 137-28-220, filed 1/10/97, effective 2/4/97. WSR 95-15-044, § 137-28-220, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-230 General infraction procedure.

(1) In the event of a general violation, a staff member may make an on-site adjustment. An on-site adjustment may consist of counseling, warning, or reprimanding the incarcerated individual and/or directing the incarcerated individual to remove themselves from the situation immediately. An action addressed through an on-site adjustment cannot be considered a general violation for the purposes of determining whether a #657 serious violation has occurred.

(2) In the event of a general violation where a staff member does not make an on-site adjustment, the staff member will prepare and submit an infraction report per department policy. The staff member will attach copies of any supporting documents.

(3) The general infraction report shall be promptly submitted for review to the supervisor designated by the superintendent. Upon review, if the supervisor determines the action meets the criteria of a serious violation, they may return the report to the reporting staff member to upgrade the general violation to a serious violation. If the violation is upgraded, the reporting staff member will forward the serious infraction report to the infraction review officer.

(4) If the action was appropriately charged as a general violation, the supervisor will decide whether the incarcerated individual is guilty or not guilty within five business days of receiving the report, unless an extension is approved in writing by the hearing officer. The supervisor will conduct an informal hearing at which they may allow witnesses and documentary evidence with the incarcerated individual present.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-230, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-230, filed 9/24/15, effective 1/8/16
• WSR 09-01-195, § 137-28-230, filed 12/24/08, effective 1/24/09. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-230, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-230, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-240 General violations—Sanctions.

(1) If the supervisor finds the incarcerated individual not guilty of a general violation, disciplinary sanctions shall not be imposed on the incarcerated individual for that violation. Records pertaining to the violation shall not be placed in the incarcerated individual's file, but may be retained for statistical, litigation, and recordkeeping purposes.

(2) If the supervisor finds the incarcerated individual guilty of any general violation, the supervisor may impose one or more of the following sanctions:

(a) Reprimand or warning;

(b) Issuance of a written order to cease the problematic behavior. The order will include a warning that if the identified behavior is repeated within a specified period (not to exceed 180 days), the incarcerated individual will be charged with a serious violation(#658 under WAC 137-25-030);

(c) Loss of a privilege or privileges as specified by the supervisor for a period not to exceed 10 consecutive days on the first offense, 20 consecutive days on the second offense, and 30 consecutive days on the third offense within a six-month period;

(d) Evening cell/room confinement, except for attendance at work or school assignments, religious services, or meals, or law library if approved for emergency/priority access per department policy, not to exceed 10 consecutive evenings;

(e) Weekend and/or holiday cell/room confinement, except for attendance at work or school assignments, religious services, or meals, or law library if approved for emergency/priority access per department policy, for a period of one or more weekends, not to exceed four consecutive weekends per incident. For purposes of this rule, a "weekend" shall begin at the end of the incarcerated individual's programming or work day Friday and terminate at the beginning of the incarcerated individual's programming or work day Monday;

(f) Confinement to cell/room except for attendance at work or school assignments, religious services, or meals, or law library if approved for emergency/priority access per department policy, for a period not to exceed 10 consecutive days;

(g) Up to 120 hours of extra work duty.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-240, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-240, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-240, filed 5/28/02, effective 6/28/02. WSR 01-22-094 , § 137-28-240, filed 11/6/01, effective 12/6/01. WSR 95-15-044, § 137-28-240, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-250 General infraction appeals.

(1) If the supervisor finds the incarcerated individual guilty of a general violation, only the incarcerated individual may appeal the decision and/or sanction(s) to a hearing officer.

(a) The appeal must be in writing and must include the reason(s) why the incarcerated individual believes the action taken was incorrect and specify the desired relief.

(b) The appeal must be delivered to the hearing officer within five business days of receiving the notice.

(c) Failure to follow appeal procedures shall be deemed a waiver of the appeal, however the hearing officer may consider appeals filed beyond the five business day period.

(2) The hearing officer will review and act on the appeal request within 10 business days of receipt unless an extension is approved in writing by the superintendent. The hearing officer may affirm the decision and sanction(s), affirm the decision and reduce the sanction(s), or dismiss/modify downward the decision and sanction(s).

(3) Once a decision is made on the appeal, the incarcerated individual shall be notified in writing within three business days, unless an extension is approved in writing by the superintendent.

(4) Sanctions will not be stayed upon appeal.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-250, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-250, filed 9/24/15, effective 1/8/16
• WSR 06-21-054, § 137-28-250, filed 10/13/06, effective 11/13/06. WSR 95-15-044, § 137-28-250, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-260 Serious violations.

See WAC 137-25-030 for the list of serious violations.

History

• Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-260, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-28-260, filed 11/28/05 and 12/28/05, effective 5/1/06. Statutory Authority: RCW 72.01.090. WSR 05-16-033, § 137-28-260, filed 7/26/05, effective 8/26/05. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 04-07-163, § 137-28-260, filed 3/23/04, effective 4/23/04
• WSR 02-12-023, § 137-28-260, filed 5/28/02, effective 6/28/02. WSR 01-22-094 , § 137-28-260, filed 11/6/01, effective 12/6/01. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-260, filed 5/2/00, effective 6/2/00
• WSR 97-03-041, § 137-28-260, filed 1/10/97, effective 2/4/97. WSR 95-15-044, § 137-28-260, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-270 Serious infraction procedure.

(1) When a staff member witnesses a serious violation or determines that a serious violation has occurred, they shall prepare and submit an infraction report per department policy. The staff member will attach to the report copies of any supporting documents, including a summary of any confidential information, which shall not identify the confidential source(s).

(2) The infraction review officer will review the serious infraction report and any supporting documents and/or evidence. If the report is incomplete or the charge(s) is inappropriate, the infraction review officer will return the report to the reporting staff member to be revised, rewritten, or reinvestigated. Otherwise, the infraction review officer will forward the report to the hearing clerk or designee to schedule a hearing.

The infraction review officer may recommend referral to a mental health professional as defined in department policy for consultation if there is a question whether:

(a) Mental illness contributed to the behavior that led to the violation; or

(b) The incarcerated individual's mental health status may need to be monitored.

(3) A negotiated hearing process will be used for any violation specifically identified in department policy. The serious infraction report will be forwarded to the designated hearing officer per department policy.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-270, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-270, filed 9/24/15, effective 1/8/16
• WSR 09-01-195, § 137-28-270, filed 12/24/08, effective 1/24/09. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-270, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-270, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-285 Incarcerated individual rights.

(1) An incarcerated individual charged with a violation(s) has the right to:

(a) A fair and impartial hearing;

(b) Written notice of the alleged violation(s) and a summary of the supporting evidence at least 24 hours before the hearing;

(i) The notice shall include a statement of the rights listed in this section.

(ii) The incarcerated individual may waive the 24 hour notice.

(c) Be present at the hearing or waive presence at the hearing;

(d) Request a department advisor and/or an interpreter to assist the incarcerated individual in preparing for and participating in the hearing;

(e) Testify or remain silent;

(f) Call witnesses and present documentary evidence, though the hearing officer may exclude witnesses/evidence deemed irrelevant, duplicative, or unnecessary;

(g) Propose questions for the hearing officer to ask witnesses, although the hearing officer may exclude questions deemed irrelevant, duplicative, or unnecessary;

(h) Appeal the hearing officer's finding(s) and/or sanction(s) imposed to the superintendent within 15 business days of the hearing officer's decision.

(2) Incarcerated individuals do not have the right to:

(a) Cross-examine witnesses;

(b) Have the reporting staff member present at the hearing;

(c) Receive a polygraph or other supplemental tests;

(d) Examine physical evidence;

(e) Receive confidential information.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-285, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-285, filed 9/24/15, effective 1/8/16.

Wash. Admin. Code § 137-28-290 Preparations for hearing.

(1) When possible, hearings will be held in the facility where the violation(s) occurred. If the incarcerated individual is transferred to another facility before a hearing is conducted, the sending facility will provide the infraction report, along with any supporting documents, to the receiving facility.

(2) In preparation for the hearing, the hearing clerk or designee shall, at least 24 hours before the hearing:

(a) Provide copies of the infraction report and nonconfidential supporting documents, including a summary of the supporting evidence, to the incarcerated individual;

(b) Advise the incarcerated individual in writing of the date, time, and location of the hearing and of the rights, restrictions, and responsibilities listed in this chapter;

(c) Obtain written acknowledgment of the incarcerated individual's receipt of the infraction report and any supporting documents;

(d) Determine whether the incarcerated individual wishes to contest the allegation;

(e) Determine whether the incarcerated individual needs a department advisor and/or an interpreter. If assigned, the department advisor and/or interpreter will remain in place throughout the hearing process, unless the incarcerated individual declines assistance.

(3) If an incarcerated individual is in segregation, the hearing will be held within three business days of service of the infraction report and any supporting documents, unless the incarcerated individual has waived 24 hour notice for the hearing or the hearing is continued in writing by the hearing officer. A staff member may be assigned to assist in obtaining witness statements.

If a hearing is continued, a determination shall be made in writing whether the incarcerated individual should remain in segregation.

(4) For incarcerated individuals not in segregation, the hearing will be held within five business days of service of the infraction report and any supporting documents.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-290, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-290, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-290, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-290, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-295 Department advisors.

(1) A department advisor may be appointed per department policy to help the incarcerated individual prepare for and participate in the hearing. Before a department advisor is assigned, the following factors will be considered:

(a) The incarcerated individual's literacy;

(b) The complexity of the issue(s);

(c) The incarcerated individual's overall ability to speak for themselves and adequately present their case;

(d) The individual's mental status, as determined by a mental health professional or other employee with mental health training or experience;

(e) The incarcerated individual's ability to communicate in English; and/or

(f) Any disability that might impair the individual's ability to adequately defend themselves.

(2) The department advisor will be a staff member who is not involved in the observation or investigation of the infraction.

(3) The department advisor shall attend the hearing, in whole or in part, based on the incarcerated individual's needs. They may attend in person or by telephone. They shall not present the incarcerated individual's case, question witnesses, or make any other oral presentation, unless requested by the hearing officer.

(4) When a hearing is continued for the purpose of appointing a department advisor, an advisor shall be appointed immediately.

(5) Conversations between department advisors and incarcerated individuals are neither confidential nor privileged.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-295, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-295, filed 9/24/15, effective 1/8/16.

Wash. Admin. Code § 137-28-300 Conduct of hearing.

(1) The hearing officer shall ensure that the incarcerated individual's rights are protected throughout the hearing process. The hearing officer shall ensure that the incarcerated individual is capable of understanding the charge(s) against them and the nature of the proceedings, and they are able to adequately participate in the hearing. If there is reason to doubt the incarcerated individual's understanding or ability, the hearing officer may order a continuance of the hearing in order to obtain additional information.

(2) The incarcerated individual shall be present at all stages of the hearing, except during deliberations, examination of any physical evidence and/or confidential information, and any inquiry the hearing officer may make concerning the evidence/information presented, including the source(s) of confidential information.

(a) If new evidence/information is introduced outside the hearing, the incarcerated individual will have an opportunity to rebut the evidence/information during the hearing.

(b) Unless excused, an incarcerated individual's failure to attend a scheduled hearing will be considered a waiver of their right to be present at the hearing.

(3) An audio recording will be made of all category A, B, and C hearings. A written record will also be made of all hearings.

(a) The record shall include:

(i) The name and DOC number of the incarcerated individual;

(ii) The date, location, and time of the hearing;

(iii) The name of the hearing officer;

(iv) The alleged violation(s);

(v) The incarcerated individual's plea(s) to the alleged violation(s);

(vi) The names of witnesses;

(vii) A summary of the statements of the incarcerated individual and any witnesses, and information from any additional sources, including confidential sources;

(viii) A summary of any new evidence/information introduced outside the hearing;

(ix) A description of any physical evidence;

(x) The reasons for denying any witnesses;

(xi) Any witness statements requested by the incarcerated individual or hearing officer that were not provided or were unavailable, if applicable;

(xii) Any witness questions proposed by the incarcerated individual that the hearing officer did not ask and the reason(s) the questions were excluded (i.e., irrelevant, duplicative, or unnecessary);

(xiii) The hearing officer's decision, the sanction(s) imposed, and reasons.

(b) If the incarcerated individual is found guilty, the hearing officer will ensure all related reports, recordings, and attachments become part of the incarcerated individual's file.

(4) The hearing officer will ensure physical evidence is handled per department policy.

(5) If an incarcerated individual's behavior disrupts the hearing, they may be removed and the hearing will continue on the record in the incarcerated individual's absence.

(6) If the hearing officer determines that a witness's presence is necessary, the witness may participate by telephone or in person, at the hearing officer's discretion. If the hearing officer determines that participation would be unduly hazardous to facility safety or correctional goals, the witness will provide a written statement.

(7) The hearing officer has the authority to question all witnesses. The incarcerated individual may submit proposed questions to be asked of witnesses, but the hearing officer may exclude questions that are irrelevant, duplicative, or unnecessary to the adequate presentation of the incarcerated individual's case.

(8) Information from a confidential source will be introduced by the testimony of the staff member who received the information.

(a) The hearing officer shall, out of the presence of the incarcerated individual and off the record, review the confidential information and make an independent determination regarding the reliability of the source, the credibility of the information, and the necessity of not revealing the source. In determining whether the source is reliable and the information is credible, the hearing officer should consider all relevant circumstances including, but not limited to:

(i) Evidence from other staff members that the confidential source has previously given reliable information;

(ii) Evidence that the confidential source had no apparent motive to fabricate information;

(iii) Evidence that the confidential source received no benefit from providing the information;

(iv) Whether the confidential source is giving first-hand information;

(v) Whether the confidential information is internally consistent and is consistent with other known facts; and

(vi) The existence of corroborating evidence.

(b) The hearing officer shall also determine whether safety concerns justify nondisclosure of the source of confidential information.

(c) The reliability and credibility determination and the need for confidentiality must be made on the record.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-300, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090. WSR 20-08-037, § 137-28-300, filed 3/24/20, effective 4/24/20. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-300, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-300, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-300, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-305 Continuances.

(1) At any time during the disciplinary process, the hearing officer may continue the hearing:

(a) To determine the individual's mental status or competency;

(b) To appoint a department advisor;

(c) To obtain an interpreter;

(d) To obtain a witness(es) or witness statement(s);

(e) To correct errors;

(f) To obtain an alternate hearing officer;

(g) To obtain crime lab reports or other documentation;

(h) If the witness(es) is temporarily unavailable;

(i) To determine restitution costs;

(j) If the incarcerated individual is unavailable (e.g., on escape, court-ordered custody, in transit to a nondepartment facility, etc.);

(k) At the reasonable request of the incarcerated individual;

(l) If the facility is experiencing altered/modified/emergency operational status.

(2) Continuances shall be for no longer than necessary, and shall not exceed 20 business days, unless approved by the superintendent.

(3) Hearings for incarcerated individuals on escape status, in court-ordered custody, in transit to a facility in another jurisdiction, or otherwise unavailable may be continued for not more than 20 business days after their return to department custody.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-305, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-305, filed 9/24/15, effective 1/8/16.

Wash. Admin. Code § 137-28-310 Decision of hearing officer.

(1) In reaching a decision, the hearing officer will consider the totality of the circumstances, the elements of the charged violation(s), all pertinent and exculpatory evidence presented at the hearing.

(2) The hearing officer is authorized to find an incarcerated individual guilty of a lesser WAC violation without issuing a new infraction report or conducting a new hearing.

(3) Where the evidence suggests an incarcerated individual is guilty of an offense not charged and which is not a lesser offense to a charged offense, the hearing officer may recommend that new charges be filed to address such offenses. The incarcerated individual may waive the right to a separate hearing and allow the hearing officer to conduct the hearing on the new charge.

(4) The incarcerated individual shall be informed of the hearing officer's decision in writing within three business days of the hearing, unless extended by the superintendent.

(5) The incarcerated individual shall be informed of their right to appeal the hearing officer's decision to the superintendent.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-310, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-310, filed 9/24/15, effective 1/8/16
• WSR 06-21-054, § 137-28-310, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-310, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-310, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-310, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-350 Sanctions—Authority to impose.

(1) If the hearing officer finds the incarcerated individual not guilty of a violation, disciplinary sanctions shall not be imposed on the incarcerated individual for that violation. Records pertaining to the violation shall not be placed in the incarcerated individual's file, but may be retained for statistical, litigation, and recordkeeping purposes.

(2) If the hearing officer finds the incarcerated individual guilty of a serious violation, the hearing officer may impose one or more of the sanctions listed in this section.

If the hearing officer determines that more than one violation occurred as a result of the same incident, they shall not impose sanctions for the separate violations, but shall consider them together and impose penalties based on the most serious violation in the group.

(3) Allowable sanctions for serious violations are as follows. The hearing officer may consider factors such as prior documented behavior, infraction history, mental status, and overall facility and program adjustment when determining an appropriate sanction(s):

(a) Any of the sanctions available for general violations;

(b) Any of the sanctions available under department policy;

(c) Loss of a privilege or privileges as outlined in department policy for a period not to exceed: Thirty consecutive days on the first offense, 90 consecutive days on the second offense, and 180 consecutive days on the third offense within a one-year period;

(d) Confinement to cell/room except for meals (or with meals in cell), attendance at work or school assignments, or religious services, or law library if approved for emergency/priority access per department policy, for a period not to exceed 30 consecutive days;

(e) Recommendation to the facility risk management team for review of custody classification;

(f) Restitution per WAC 137-28-410;

(g) Recommendation to the superintendent that they deny good conduct time credit.

The recommendation will be consistent with guidelines established by the department secretary. Any sanctions in excess of the guidelines require assistant secretary approval;

(h) Suspension or termination of visitation, for certain violations as outlined in department policy, for a period not to exceed: Thirty consecutive days for the first offense, 90 consecutive days for the second offense, and 180 consecutive days for the third offense within a one-year period. In cases of multiple or very serious violations, recommendations may be made to the superintendent for extended or permanent loss of the privilege of visitation with a specified individual(s);

(i) Restriction, interruption, or termination of correspondence, telephone, and/or electronic communication for a period not to exceed: Thirty consecutive days for the first offense, 90 consecutive days for the second offense, and 180 consecutive days for the third offense in a one-year period. Termination of correspondence, telephone, and/or electronic communication may be permanent:

(i) At the recipient's request;

(ii) At the request of the parent or guardian of the recipient, if the recipient is a minor or an incapacitated person;

(iii) If correspondence perpetuates criminal activity; or

(iv) If the contact violates a court order.

(j) Urinalysis or breath alcohol testing for a period not to exceed 90 days for drug or alcohol related violations.

(4) The hearing officer may review any decision they previously made and may modify downward any sanction previously imposed.

(5) In all cases, regardless of whether an appeal is requested, the superintendent may review and reduce a sanction imposed. Once the superintendent has made a decision on the appeal, no modifications will be made by the hearing officer.

(6) Nothing in this section limits the superintendent's discretion to grant, deny, suspend, or revoke any privilege.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-350, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-350, filed 9/24/15, effective 1/8/16
• WSR 09-01-195, § 137-28-350, filed 12/24/08, effective 1/24/09. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-350, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-350, filed 5/2/00, effective 6/2/00
• WSR 97-03-041, § 137-28-350, filed 1/10/97, effective 2/4/97. WSR 95-15-044, § 137-28-350, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-360 Sanctions and mental status.

In determining an appropriate sanction, the hearing officer should consider the incarcerated individual's mental health and their intellectual, emotional, and maturity levels and what effect a particular sanction might have on the incarcerated individual in light of such factors. The hearing officer may request the assistance of other department staff members, including mental health staff members, in determining appropriate and/or alternate sanctions.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-360, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-360, filed 9/24/15, effective 1/8/16. WSR 95-15-044, § 137-28-360, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-370 Sanctions—Limitations.

(1) No incarcerated individual shall be infracted for violation of incarcerated individual conduct rules unless they have been provided reasonable advance notice of the prohibited behavior, unless the rule was adopted on an emergency basis.

(2) Disciplinary sanctions shall not include:

(a) Lowering the quantity or nutritional value of food;

(b) Corporal punishment or physical restraint;

(c) Confinement to an environment with unhealthful temperatures;

(d) Denial of adequate medical treatment.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-370, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-370, filed 9/24/15, effective 1/8/16. WSR 95-15-044, § 137-28-370, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-380 Serious infraction appeals.

(1) If the hearing officer finds the incarcerated individual guilty of a serious violation, only the incarcerated individual may appeal the decision and/or sanction(s) to the superintendent.

(a) An appeal request cannot be filed when the incarcerated individual has pled guilty to the violation.

(b) The appeal request must be in writing and must include the reason(s) why the incarcerated individual believes the action taken was incorrect and specify the desired relief.

(c) The appeal request must be filed within 15 business days of receiving the notice.

(d) Failure to follow appeal procedures shall be deemed a waiver of the appeal, however the superintendent may consider appeals filed beyond the 15 business day period.

(2) The superintendent will review the hearing record and act on the appeal request within 10 business days of receipt. The superintendent may affirm the decision and sanction(s), affirm the decision and reduce the sanction(s), or dismiss/modify downward the decision and sanction(s). The superintendent may also reverse the decision and remand the matter for a new hearing, in which case the sanction(s) imposed at the new hearing may not be more severe than the sanction(s) originally imposed.

(3) The incarcerated individual shall be promptly notified in writing of the superintendent's decision.

(4) Sanctions will not be stayed upon appeal.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-380, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-380, filed 9/24/15, effective 1/8/16
• WSR 06-21-054, § 137-28-380, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-380, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-380, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-380, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-390 Hearing officer reports to the indeterminate sentence review board.

(1) When the hearing officer determines that an incarcerated individual subject to the jurisdiction of the indeterminate sentence review board is guilty of a serious violation, the hearing officer may recommend to the superintendent that they not certify good conduct time credit for the incarcerated individual pursuant to RCW 9.95.070.

The hearing officer's recommendation will be consistent with guidelines established by the department secretary. Any sanctions for loss of good conduct credits in excess of the guidelines require assistant secretary approval.

(2) Recommendation to the indeterminate sentence review board for a disciplinary hearing or reconsideration of minimum term should occur only with violations providing for actual time loss of 12 months or more and consistent with guidelines established by the department secretary.

(3) Whenever the hearing officer finds an incarcerated individual under the jurisdiction of the indeterminate sentence review board guilty of a serious violation and recommends either loss of good conduct time credits or an increase in the incarcerated individual's minimum term, the records office must inform the indeterminate sentence review board of the hearing officer's decision and recommendation within 10 days, or within 10 days of the superintendent's decision if an appeal is granted. This report shall include a copy of the summary of the hearing prepared by the hearing officer. If the incarcerated individual is within 45 days of an apparent release date, the indeterminate sentence review board shall be notified promptly with written notification to follow.

(4) In all other cases where an incarcerated individual under the jurisdiction of the indeterminate sentence review board is found guilty of a serious violation, the records office must inform the indeterminate sentence review board of the hearing officer's decision within 30 days, or within 30 days of the superintendent's decision if an appeal is granted. This report shall include a copy of the summary of the hearing prepared by the hearing officer. If the incarcerated individual is within 45 days of an apparent release date, the indeterminate sentence review board shall be notified promptly with written notification to follow.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-390, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-390, filed 9/24/15, effective 1/8/16. WSR 95-15-044, § 137-28-390, filed 7/13/95, effective 8/15/95.

Wash. Admin. Code § 137-28-400 Time limitations.

The time limitations expressed in these regulations are not jurisdictional and failure to adhere to any particular time limit shall not be grounds for reversal or dismissal of a disciplinary proceeding.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-28-410 Restitution.

(1) If the hearing officer imposes restitution as a sanction, the amount of restitution owed shall be determined at the infraction hearing. However, the hearing officer may continue the hearing in order to secure additional evidence regarding restitution. If continued, the incarcerated individual shall be present at the continued/reconvened hearing.

(2) The amount of restitution will be the replacement value of the item, the cost of repair, and/or the cost of any expense caused by the incarcerated individual's misconduct.

(3) The incarcerated individual may appeal the amount of restitution within the time limits of this chapter. If under appeal, the amount of the restitution will be held in the incarcerated individual's account, but funds will not be withdrawn/withheld until the superintendent has decided the appeal.

(4) Restitution funds may be collected in the following ways:

(a) The funds may be withdrawn from the incarcerated individual's account to make restitution, provided the incarcerated individual's account is not reduced to less than $10; or

(b) Twenty percent of all funds being placed in the incarcerated individual's account may be taken until the restitution is paid in full.

History

• Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-410, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-410, filed 9/24/15, effective 1/8/16. WSR 95-15-044, § 137-28-410, filed 7/13/95, effective 8/15/95.

Chapter 137-30 Earned release time.

Wash. Admin. Code § 137-30-010 Purpose.

The rules in this chapter provide a standardized system to award earned release time to offenders committed to department facilities.

History

• Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-010, filed 5/9/11, effective 6/9/11.

Wash. Admin. Code § 137-30-020 Definitions.

The definitions in this section apply throughout this chapter.

CCS means community corrections supervisor.

Community custody means an offender's supervision status in the community under the authority of the department where the department has the legal responsibility for adjudicating violations.

CRS means correctional records supervisor.

Earned release time (ERT) means the combined earned time and good conduct time credit an offender is eligible to earn off the minimum term established by the indeterminate sentence review board or the sentencing court.

Earned time means that portion of time an offender is eligible to earn for program participation approved by the classification process and consistent with his/her case management plan.

Good conduct time means that portion of an inmate's potential reduction to minimum term which is authorized by RCW 9.95.070 and 72.09.130 and which may be lost by receiving serious infractions.

ISRB means the indeterminate sentence review board.

History

• Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-020, filed 5/9/11, effective 6/9/11.

Wash. Admin. Code § 137-30-030 Eligibility.

(1) ERT.

(a) Incarcerated individuals convicted of a serious violent offense or a class A felony sex offense may earn ERT as follows:

(i) Offense committed after June 30, 1990, and before July 1, 2003 - May not exceed 15 percent of their sentence; and

(ii) Offense committed after June 30, 2003 - May not exceed 10 percent of their sentence.

(b) Incarcerated individuals convicted before July 2, 2010, who are classified as moderate or low risk may earn ERT not to exceed 50 percent of their sentence regardless of the date of offense or sentencing, provided they have not been convicted of or have a prior:

(i) Sex offense;

(ii) Violent offense;

(iii) Crime against a person, including identity theft in the first or second degree committed on or after June 7, 2006;

(iv) Felony domestic violence;

(v) Residential burglary;

(vi) Violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture of, delivery of, or possession with intent to manufacture or deliver, methamphetamine;

(vii) Violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

(viii) Gross misdemeanor stalking;

(ix) Violation of a domestic violence court order, including gross misdemeanors; or

(x) Any new felony committed while under community supervision.

(c) Incarcerated individuals may earn ERT not to exceed 33 and one-third percent of the sentence in all other cases not identified in this section.

(d) An incarcerated individual who has transferred from one sentence within a cause number to the next sentence, or from one cause number to the next cause number, may lose ERT associated with the previous sentence or cause. ERT may be taken on a consecutive sentence that is not yet being served.

(e) Incarcerated individuals found guilty of infraction 557 or 810 (WAC 137-25-030) will lose 50 percent eligibility and all available ERT and privileges as outlined by department policy. Incarcerated individuals found guilty of infraction 813 related to employment or programming while in work release will also lose all available ERT and privileges.

(2)(a) Earned release time - Eligibility.

(b) All incarcerated individuals will be eligible for earned release time, except:

(i) Incarcerated individuals sentenced to life without parole.

(ii) Community supervision violators sanctioned by the department on or after May 2, 2012.

(iii) Incarcerated individuals who are a community custody prison (CCP) return or community custody inmate (CCI) termination.

(iv) Incarcerated individuals under board jurisdiction whose minimum term has expired and who have not been paroled or transferred to a consecutive sentence. The ERT will be addressed to the correct sentence after the parole/transfer date is determined.

(v) Juvenile board incarcerated individuals who have not completed the minimum term of confinement.

(vi) Incarcerated individuals found guilty of 557 or 810, or 813 violation related to employment or programming while in work/training release.

(vii) Incarcerated individuals found guilty of a 762 violation will lose all available earned time and programming points for the month the violation occurred.

(3) Good conduct time.

(a) All incarcerated individuals will be eligible for good conduct time, except:

(i) Incarcerated individuals sentenced to death or life without parole;

(ii) Incarcerated individuals serving the mandatory or flat time enhancement portion of their sentences;

(iii) Community custody violators sanctioned by the department on or after May 2, 2012;

(iv) Incarcerated individuals sanctioned to community custody prison return or community custody inmate termination; and

(v) Indeterminate incarcerated individuals whose minimum term has expired and who have not been paroled or transferred to a consecutive sentence. Any good conduct time earned or denied will be addressed to the correct sentence after the parole/transfer date is determined.

(b) Incarcerated individuals may lose earned and future good conduct time if found guilty of certain serious infractions listed in WAC 137-25-030 and sanctioned per department policy.

(c) The following incarcerated individuals may lose their good conduct time if found guilty of a serious infraction:

(i) Indeterminate incarcerated individuals whose time has not been adopted by the indeterminate sentence review board (ISRB); and

(ii) Determinate incarcerated individuals.

(d) The amount of time lost will be determined by the disciplinary hearing officer/community hearing officer/ISRB.

(e) Good conduct time lost as a result of infraction 557 or 810, or of an infraction 813 related to employment or programming while in work release, cannot be restored.

(4) Earned time.

(a) Incarcerated individuals who participate in approved programs, including work and school, are eligible for earned time for each calendar month as follows:

(i) Earned time eligible under 10 percent rule - One and eleven one-hundredths days;

(ii) Earned time eligible under 15 percent rule - One and seventy-six one-hundredths days;

(iii) Earned time eligible under 33 and one-third percent rule - Five days.

(b) Incarcerated individuals are not eligible for earned time if:

(i) Were sentenced under the presentencing Reform Act and the board has extended the cause to the maximum term or previously denied future earned time.

(ii) Refuse any transfer, excluding work/training release.

(iii) Serve 20 consecutive days or more in restrictive housing as defined in DOC 320.255 Restrictive housing for negative behavior or unfounded/unsubstantiated protection concerns. The incarcerated individual who transfer to court from restrictive housing will not be eligible for earned time. The incarcerated individual will be eligible for earned time when authorized to transfer/return to general population. Incarcerated individuals housed in maximum custody will be eligible for earned time, including time out to court, but will not be eligible for programming points. Incarcerated individuals must be in compliance with their current custody facility/case plan and behavior and programming plan.

(iv) Incarcerated individuals will be eligible for earned time if they are pending investigation for negative behavior in administrative segregation and the investigation does not result in serious violation(s) and/or custody demotion.

(v) They are not involved in programming as determined through the classification process and consistent with their case/custody facility plan. This includes refusing programming or being terminated from a program assignment for documented negative or substandard performance. An incarcerated individual who is on a waiting list and then refuses a program assignment will not earn earned time for the month in which she or he refused.

(c) The incarcerated individual will not be penalized if programs and activities are not available.

(d) Denials of earned time may be appealed per DOC 300.380 Classification and custody facility plan review.

History

• Statutory Authority: RCW 72.01.090. WSR 22-08-014, § 137-30-030, filed 3/24/22, effective 4/24/22. Statutory Authority: RCW 72.01.090 and 72.09.130. WSR 15-08-066, § 137-30-030, filed 3/30/15, effective 4/30/15
• WSR 14-04-121, § 137-30-030, filed 2/5/14, effective 3/8/14. Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-030, filed 5/9/11, effective 6/9/11.

Wash. Admin. Code § 137-30-040 County jail earned release time.

For offenders transferred from a county jail to the department, the jail administrator will certify to the department the amount of jail time spent in custody at the jail and the amount of ERT.

(1) If no certification has been provided, the CRS/designee will send a request to the jail administrator requesting he/she provide a jail certification.

(a) If the jail administrator certifies jail time credits to consecutive sentences for the same time period and the judgment and sentence does not address jail time credits, the CRS will correct the jail certification by deducting any duplicate jail time credits and jail earned release time credits from the jail certification totals and applying the remaining credits.

(b) In the case of a department sanction, if the jail administrator certifies jail credits to a consecutive sentence that includes credits for time served on the department sanction and the judgment and sentence does not address jail time credits, the CRS will deduct the sanction days served from the jail credits and the jail earned release time for sanction time served and apply the remaining credits to the consecutive sentence.

(c) The CRS will send a request to the jail administrator requesting an amended jail certification, unless the jail administrator has requested that the department not send a letter. The CRS does not need to wait for the amended jail certification to apply the proper credits.

(2) The CRS will send the offender DOC Policy 09-261 Court of Appeals Decision - Jail Time Credits, informing him/her of the department's authority to correct the jail certification when there is a manifest error of law in the jail's certification.

(3) If the court orders jail time credits for the same time period on consecutive sentences with the same intake date to prison, the judgment and sentence must be followed and the jail time credits will be applied accordingly. The department may contest the court's calculations by way of the post sentence petition process.

(4) If the court orders jail time credits for the same time period on consecutive sentences with different intake dates to prison, the CRS will apply the credits from the judgment and sentence and then apply wickert time (i.e., out time applied to a period of confinement when the offender is required to serve a consecutive period of confinement starting before the current confinement is complete) for that same time period.

(5) Credit for time served/resentenced on previous conviction. Offenders who are resentenced on a previous conviction are entitled to receive credit for the original jail time, original jail earned release time, department time served, and ERT on the department time served. All time the offender served for the conviction offense, as well as the ERT at the appropriate percentage, will be applied. Any good conduct time lost due to infractions, or earned time not earned during the time served on the original sentence, must be deducted from the department ERT.

History

• Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-040, filed 5/9/11, effective 6/9/11.

Wash. Admin. Code § 137-30-050 Persistent prison misbehavior.

(1) An offender serving a sentence for an offense committed after July 31, 1995, may have his/her earned time credits taken away as part of a disciplinary sanction, when he/she has lost all good conduct time credits for the current commitment.

(2) Offenders serving a sentence for an offense committed after July 31, 1995, who have a record of being a persistent management/disciplinary problem may also have earned time credits taken away.

(3) Earned or future ERT credits may be reduced for offenders serving a sentence for an offense committed after July 31, 1995.

History

• Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-050, filed 5/9/11, effective 6/9/11.

Wash. Admin. Code § 137-30-060 Release date.

(1) To calculate an offender's release date on a determinate sentence, the jail time and jail earned release time are deducted from the total sentence. The earned release time applicable per statute is applied to the adjusted sentence.

(2) A determinate offender held beyond his/her earned release date (ERD) may have available ERT taken if found guilty of a serious infraction as defined in WAC 137-25-030.

(3) An offender with an established release date who receives a category A infraction after a community release plan has been approved will have the release date suspended until adjudication of the infraction and all time loss and sanctions are completed.

(4) The staff responsible for entering the sanction information will notify the CRS or designee immediately by telephone and via email if the release date changes, when the offender is denied earned time or loses good conduct time or when time is restored and the ERD is in less than one hundred twenty days.

History

• Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-060, filed 5/9/11, effective 6/9/11.

Wash. Admin. Code § 137-30-070 Restoration of good conduct time.

(1) For indeterminate sentences, once the good conduct time denial is addressed and adopted by the ISRB, it cannot be returned to the individual without prior approval of the ISRB.

(2) Good conduct time, and earned time lost in lieu of good conduct time due to persistent prison misbehavior, is the only ERT that can be restored. Time may be restored on a current or consecutive sentence(s) being served during the current confinement term.

(a) The following violations will be eligible for restoration:

(i) 501, 502, 511, 521, 550, 604, 611, 613, 635, or 637 violation after 10 years;

(ii) 601, 602, or 704 violation after five years;

(iii) 507, 603, 650, 651, or 882 violation after three years;

(iv) Any other serious violation after one year.

(b) Time will not be restored for the following:

(i) For individuals within 120 twenty days of the ERD;

(ii) For individuals who have been found guilty of a serious violation within the last year;

(iii) When lost as a result of a 557, 762, 810, or 857 violation;

(iv) When lost as a result of an 813 violation related to employment or programming while in work/training release;

(v) Once addressed/adopted by the board for PAR individuals, unless approved in advance by the board.

(3) The case manager will establish/review good conduct time restoration plans with eligible individuals during each classification review, regardless of custody level or housing assignment. The restoration plan may be established before the applicable time frame for restoration, and will include:

(a) All eligible violations;

(b) Not place the individual within 120 days of the ERD;

(c) Be targeted for completion at least 10 months before the ERD;

(d) Be documented in the custody facility/case plan and approved by the appointing authority/designee. Plans restoring time lost for a 501, 502, 511, 521, 550, 604, 611, 613, 635, or 637 violation(s) require approval from the appropriate deputy director.

(4) The appointing authority/designee or appropriate deputy director will consider all relevant information when determining whether to approve/deny the restoration plan.

(5) Restoration plans will be calculated based on the original sanction time and restored as follows:

(a) Category A violations - Maximum of 50 percent.

(b) Category B violations - Minimum of 50 percent up to 100 percent.

(c) Category C violations - Minimum of 75 percent up to 100 percent.

(6) Time lost will be restored if the individual remains serious violation free, follows the requirements as outlined in the plan, and it has been at least 6 months since the previous classification review.

(7) The restoration decision is final and cannot be appealed. Restoration plans will remain in effect when an individual transfers between facilities.

History

• Statutory Authority: RCW 72.01.090. WSR 22-08-014, § 137-30-070, filed 3/24/22, effective 4/24/22. Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-070, filed 5/9/11, effective 6/9/11.

Wash. Admin. Code § 137-30-080 Community custody.

(1) Offenders with orders of community custody per RCW 9.94A.701 may have their sentences reduced by ERT.

(2) Community custody returns/terminates: During community custody, if an offender has not completed his/her maximum term of total confinement and is subject to a third violation hearing for any violation of community custody and is found to have committed the violation, the department may return the offender to total confinement to serve the remainder of the prison term.

(a) This applies solely to offenders who were not held to their maximum expiration date prior to release to community custody.

(b) All jail ERT and DOC ERT applied to the sentence before early release becomes return time.

(c) When determining the length of return time, the department must credit the offender with all community custody time successfully served and with all periods of prehearing time spent in confinement pending all prior and current community custody violation hearings for that cause.

(d) The date the offender was placed in jail on the most recent violation will be the return start date.

(e) The offender is not entitled to any ERT during the return time.

(f) Upon release from total confinement, after serving the return time the offender will resume serving the community custody portion of the sentence for any time remaining on community custody.

History

• Statutory Authority: RCW 72.01.090 and 72.09.130. WSR 15-23-100, § 137-30-080, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-080, filed 5/9/11, effective 6/9/11.

Chapter 137-32 Prisons—Administrative segregation and intensive management.

Wash. Admin. Code § 137-32-001 Purpose.

The rules in this chapter define the reasons and establish the process for classifying inmates of adult correctional institutions to administrative segregation status, assigning such inmates to a segregation or intensive management facility or unit and continuing such classification status.

History

• Statutory Authority: RCW 72.01.090. WSR 85-01-059 (Order 84-15), § 137-32-001, filed 12/17/84. Formerly chapter 275-82 WAC.

Wash. Admin. Code § 137-32-002 Definitions.

For the purpose of this chapter the following words shall have the following meanings:

(1) "Department" means the department of corrections.

(2) "Adult correctional institution" and "institution" mean a facility identified in RCW 72.01.050(2) and any similar facility hereafter established.

(3) "Secretary" means the secretary of the department of corrections.

(4) "Deputy secretary" means the deputy secretary of the prisons division of the department, or the deputy secretary's designee.

(5) "Superintendent" means the superintendent of an institution, or the superintendent's designees.

(6) "Hearing officer" means the person named by a superintendent to act for the superintendent in reviewing the cases of inmates assigned to administrative segregation status.

(7) "Inmate" means any person assigned to the custody of the department, including any person transferred to an institution from another state or the federal government.

(8) "Administrative segregation status" means segregation of an inmate of an institution for nondisciplinary reasons.

(9) "Intensive management status" means an assignment to administrative segregation for an extended period after other alternatives have been explored.

(10) "Facility risk management team meeting" means a multidisciplinary meeting with an inmate held to:

(a) Determine whether the inmate should be placed on administrative segregation status, continued on administrative segregation status, placed on intensive management status, continued on intensive management status, released to the general inmate population, recommended for either an in-state or out-of-state transfer; and/or

(b) Develop an action plan, expectations and goals relative to the rehabilitation of the inmate.

(11) "Working days" means Monday through Friday excluding holidays.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-005 Initial placement.

(1) The superintendent/designee may segregate an inmate from the general inmate population and assign such inmate to a segregation or intensive management unit if, in the judgment of the superintendent, the inmate:

(a) Poses a threat to himself/herself, others, or the security of the institution;

(b) Requests protection or is deemed by staff to require protection;

(c) Is pending or in transit to a more secure institution; or

(d) Poses a serious escape risk.

(2) The authorizing department staff member must determine that placement in administrative segregation status is appropriate and document the facts supporting such reason.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-010 Initial review.

(1) Immediately after an inmate's initial placement in segregation, a department staff member will inform the inmate in writing of the reason for the inmate's segregation and the date, time and place of the initial review meeting.

(2) The hearing officer will meet with such inmate within two working days after initial placement for the initial review of the basis for the assignment of such inmate to administrative segregation status. During this initial review the inmate will be provided an opportunity to respond to the reasons for such inmate's placement in a segregation or intensive management unit.

(3) The hearing officer will prepare a written report of the initial review meeting with the inmate and deliver such report to the superintendent. This report will include the information provided to the inmate, the reason for initial placement in a segregation or intensive management unit, the inmate's response to the allegation resulting in the initial placement in a segregation or intensive management unit, the reasons supporting protective custody, special restrictions, including monitoring of special medications and/or diets, and the hearing officer's recommendation whether to continue the administrative segregation or to release the inmate to the general inmate population, together with the facts supporting such recommendation.

(4) The superintendent should review the hearing officer's report, and within one working day after receipt, will prepare a written decision accepting or rejecting the hearing officer's recommendations.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-015 Segregation meeting procedures.

(1) The hearing officer will preside over multidisciplinary facility risk management team meetings of inmates assigned to administrative segregation status.

(2) Subsequent to the initial review an intermediate review will take place no later than fourteen days following the initial review. A final review will take place thirty days following the intermediate review.

(3) Offenders will be provided advanced notice, of at least forty-eight hours, for any segregation review after the initial review, to include:

(a) The date, time, purpose, and place of the classification meeting;

(b) Related criminal charges, if known, evolving from the incident for which the inmate is placed on administrative segregation status;

(c) That the inmate has the opportunity to provide the hearing officer with names of inmates or institution staff from whom witness statements should be obtained; and

(d) That only written statements will be considered during the course of the hearing unless the hearing officer requires oral testimony for clarification.

(4) The hearing officer will ensure that all witnesses named by the inmate are provided with witness statement forms as soon as practical, but not less than twenty-four hours prior to the classification meeting.

(5) The following procedures will be adhered to during all classification meetings:

(a) The inmate may be present at all stages of the meeting except during discussions involving information from confidential sources.

(b) The hearing officer will document the meeting setting forth the information presented, including all witness statements.

(c) The superintendent may designate an institution staff member, other than the hearing officer, to present evidence either supporting continued administrative segregation or release therefrom.

(d) The hearing officer shall have the authority to schedule inmates, institution staff members, or other persons to appear and present or clarify information which may be relevant to the hearing officer's decision. To the extent possible, confidential information presented to the hearing officer shall be presented by the individual receiving the information. The source shall be identified to the hearing officer, except when the superintendent directs that the source is to remain confidential.

(e) The hearing officer will provide the inmate with an opportunity to present the inmate's views to the hearing officer to clarify information from the witness statements. The inmate may present a written statement in lieu of, or in addition to oral testimony. The written statement will be included in the record.

(f) If the inmate refuses to attend the hearing, this fact will be documented by the hearing officer.

(g) An inmate may select an institution staff member, approved by the superintendent, to assist and advise the inmate at the hearing. The advisor may be a staff member not ordinarily assigned responsibility for the inmate. The advisor shall not be an inmate. The advisor will be approved by the superintendent only if, in the superintendent's judgment, the inmate is unable to present his/her own case.

(6) The hearing officer should make a written report to the superintendent and the inmate within one working day after the classification meeting, which will include:

(a) A recommendation that the inmate be continued in administrative segregation, released back to the general population, or transferred to a more appropriate facility, in or out of state;

(b) An individual behavioral management plan which includes expectations for changes necessary in the inmate's behavior and appropriate program participation for the inmate's return to the general inmate population; provided, however, accomplishment of any such identified behavioral changes and/or program completions/referrals shall not necessarily require discharge from administrative segregation, but shall be considered along with all other circumstances; and

(c) A summary of the inmate's adjustment while in administrative segregation status.

(7) The inmate may appeal the report by submitting written objections and whatever other written information the inmate feels is relevant to the superintendent/designee. Such material shall be filed within twenty-four hours of the inmate's receipt of the report.

(8) The hearing officer should notify the inmate in writing within one working day after receiving the superintendent's decision regarding retention of the inmate in administrative segregation or the inmate's release therefrom, other action directed by the superintendent, and the date of the next classification meeting, if any.

(9) Inmates reviewed at the segregation review meeting will be considered for one or more of the following:

(a) Referral to the deputy secretary/designee with a recommendation that the inmate be placed on intensive management status;

(b) Return to the general inmate population with clear behavioral expectations for remaining there; or

(c) Transfer to a more appropriate facility or unit, within or outside the state.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-025 Intensive management status.

An inmate will be placed on intensive management status in accordance with the following procedures:

(1) The hearing officer may, after conducting a formal hearing, recommend to the superintendent that the inmate be placed on intensive management status stating the reasons therefore.

(2) The superintendent/designee will review the hearing officer's recommendation, and if approved will forward a copy thereof to the deputy secretary/designee for final approval.

(3) The cases of all inmates assigned to intensive management status will have a mental health assessment completed within the first thirty days.

(4) Reviews by the hearing officer will be held at intervals not to exceed thirty days.

Formal classification meetings will be held at intervals not to exceed one hundred eighty days.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-030 Conditions of confinement.

(1) An inmate placed in an intensive management or administrative segregation unit shall, unless safety or security considerations dictate otherwise, be:

(a) Confined in an adequately lighted and ventilated environment at a reasonably comfortable temperature for the season, unless mechanical or other problems prevent such conditions on a temporary basis;

(b) Provided meals of the similar quality and quantity as provided to the general inmate population; however, methods of preparation and/or delivery may be modified for security reasons;

(c) Provided access to personal hygiene items;

(d) Provided the opportunities to shower (for a least ten minutes) and shave at least three times per week;

(e) Afforded rights to telephone, mail, and approved correspondence, supplies, visiting, reading material(s), and legal representation consistent with reasonable custody and security precautions;

(f) Provided an opportunity for daily exercise for no less than one hour per day, five days per week, outside of the inmate's cell; however, when the inmate is on isolation or program modification status, daily in-cell fitness activities will be encouraged in lieu of out-of-cell opportunities;

(g) Afforded access to health care services and controlled access to prescribed and/or over-the-counter medications;

(h) Afforded access to unit sergeant, unit supervisor, and counselor;

(i) Provided exchange of clothing which may include T-shirts, underwear, socks, and towels, at least three times per week, and exchange of linens and coveralls weekly;

(j) Provided barbering services on a monthly basis, except for those inmates assigned to isolation and/or program modification status; and

(k) Provided access to the following, consistent with reasonable custody and security requirements: Religious guidance; education; self-help programs; library and law library; and grievance program.

(2) The rights of an inmate in administrative segregation confinement with respect to meals, personal hygiene, correspondence, reading, legal representation and recreation may be limited when the provision of such rights will result in danger to the inmate, or to institution staff, or present a threat to the maintenance of reasonable order and security within the institution. Decisions to limit the rights of an inmate in administrative segregation confinement must be approved in advance by the unit supervisor. Limitations of rights imposed shall be reviewed within one working day by the superintendent.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-035 Administrative release.

(1) The superintendent may release an inmate from administrative segregation status at any time after determining that, in the superintendent's judgment, the conditions or reasons which required the inmate's administrative segregation no longer exist. Recommendations for release may be submitted to the superintendent at any time by segregation unit staff or other staff familiar with the inmate's situation. An inmate who voluntarily requests segregation or protective custody in writing, on the security designation review form, may request to be returned to his or her housing unit at any time.

(2) Only the deputy secretary/designee has the authority to release an inmate from intensive management status.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-040 Interpreters.

An interpreter will be provided at the initial review meeting or any classification meeting for those inmates who do not speak or understand English or who are hearing impaired.

History

• Statutory Authority: RCW 72.01.090. WSR 85-01-059 (Order 84-15), § 137-32-040, filed 12/17/84.

Wash. Admin. Code § 137-32-045 Other procedures.

The department shall develop and implement specific procedures governing the administrative segregation of inmates, which procedures shall be consistent with the provisions of this chapter.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-32-050 Time limitations.

The time limitations expressed in this chapter shall not be deemed to be jurisdictional, and failure to adhere to any particular time limitation shall not be grounds for automatic reversal or dismissal of an administrative segregation or intensive management proceeding.

History

• Statutory Authority: RCW 72.01.090. WSR 85-01-059 (Order 84-15), § 137-32-050, filed 12/17/84.

Wash. Admin. Code § 137-32-060 Out-of-state transfers.

Recommendations for out-of-state transfer may be made by the superintendent to the secretary as specified in these rules, as well as anytime the superintendent believes the transfer to be in the best interests of the state or the welfare of the inmate. Transfer recommendations shall be in writing and shall specify reasons for the recommendations.

History

• Statutory Authority: RCW 72.01.090. WSR 85-01-059 (Order 84-15), § 137-32-060, filed 12/17/84. Formerly chapter 137-66 WAC.

Chapter 137-36 Adult correctional institutions—Inmate personal property.

Wash. Admin. Code § 137-36-010 Purpose.

The purpose of these rules is to maintain the safety, security, and discipline of adult correctional facilities operated under the jurisdiction of the department of corrections in accordance with Title 72 RCW et al., by establishing guidelines for the development of department and institution level policies and rules governing the retention of personal property by inmates to prevent the possession of illegal items and contraband within the institution.

History

• Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-010, filed 9/27/83.

Wash. Admin. Code § 137-36-020 Definitions.

(1) "Contraband" consists of all illegal items, alcoholic beverages, and other items which a resident of a correctional institution may not have in his possession, as defined in regulations adopted by the superintendent of an institution and approved by the secretary.

(2) "Illegal items" are controlled substances as defined and listed in chapter 69.50 RCW or any weapon, firearm, or any instrument which, if used, could produce serious bodily injury to the person of another.

(3) "Inmate" shall refer to those persons committed to the custody of the department of corrections and inmates transferred from other states or the federal government.

(4) "Secretary" is the secretary of the department of corrections or his/her designee(s).

(5) "Superintendent" means the superintendent of a correctional facility or his/her designee(s).

(6) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.

History

• Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-020, filed 9/27/83. Formerly WAC 275-87-005.

Wash. Admin. Code § 137-36-030 Authorized items.

(1) Only authorized items may be retained by an inmate in the custody of the department. All authorized items shall be retained at the owner's risk. The state of Washington shall not be liable for any loss or damage.

(2) Authorized items may be limited in quantity and value when necessary to provide accountability, contraband control, safety or sanitary conditions, storage space, inmate morale or to meet the unique needs of each institution.

(3) Each superintendent shall establish regulations setting forth specific authorized items and levels of personal property for those inmates confined to that institution. Specific personal property authorizations may be suspended to ensure the safety, medical or mental health treatment objectives of any inmate or the general population and to ensure proper maintenance of order and security of the institution.

(4) All authorized items in excess or in noncompliance with the levels established by the superintendent of each institution shall be considered contraband and shall be disposed of as provided in WAC 137-36-040.

History

• Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-030, filed 9/27/83.

Wash. Admin. Code § 137-36-040 Disposition of personal property.

(1) Contraband items will be confiscated and disposed of in the following manner:

(a) Items which are determined to be owned by an inmate will be mailed or transferred to a person designated by the inmate at the inmate's expense. If the inmate is without funds, refuses to pay the required postage or refuses to designate an individual to receive the property, such items shall be donated to a charitable organization.

(b) Items for which ownership cannot be determined shall be held by the superintendent for six months and then donated to a charitable organization or destroyed.

(c) Money such as currency, personal checks, and money orders, is contraband within adult correctional institutions. If money or other negotiable instrument is found in the unauthorized possession of an inmate and he/she claims or disclaims ownership or, if ownership is unknown, the money or negotiable instrument shall be confiscated immediately and shall be deposited in the inmate welfare fund at the expiration of any appeal or hearing.

(d) Money received from one sender for deposit to the resident trust account of multiple offenders without prior superintendent approval may be confiscated and deposited in the inmate welfare fund at the expiration of any review.

The inmate shall be advised in writing of his/her right to seek review of the decision to place the money in the inmate welfare fund. The review shall be sought by writing directly to the superintendent or his/her designee(s) within ten calendar days.

(2) All illegal items owned by and/or found in the possession of an inmate shall be confiscated. Such items shall be held for evidence for law enforcement authorities. Such illegal items that do not need to be retained as evidence shall be destroyed.

(3) Abandoned personal property shall be disposed of in the following manner:

(a) All personal property, and any income or increment which is accrued thereon, held for the owner by an institution that has remained unclaimed for more than six months from the date the owner was terminated from work release, transferred to a different institution, or when the owner is unknown or deceased, from the date the property was placed in the custody of the institution, is presumed abandoned. When an inmate who has no recorded next of kin or person to whom unclaimed property can be sent, is transferred to another institution, the property shall not be presumed abandoned for a period of twelve months.

(b) All personal property, and any income or increment which has accrued thereon, shall be presumed abandoned whenever the inmate owner has been placed on escape status. Such property shall be held for three months from the date of the escape. If during that period the inmate remains on escape status and/or no other person claims ownership of the property, the property shall be deemed abandoned and may be donated to charity or destroyed in accordance with the provisions of this regulation.

(c) All personal property, other than money, which is unclaimed for the time periods set out in this regulation, shall be presumed abandoned and may be destroyed. Where a superintendent feels the property may be used or has value to a charitable nonprofit organization, the property may be donated to such an organization.

(d) Any money unclaimed for the time limits set out in this regulation shall be presumed abandoned and paid into the revolving fund established pursuant to RCW 9.95.360.

(e) At least thirty days prior to personal property being donated or destroyed, written notice shall be given to the owner at the owner's residence or place of business or to some person of suitable age or discretion residing or employed therein. Such notice may be hand delivered or sent by certified mail. If the owner is deceased, such notice shall be sent to at least one of the owner's heirs, if known. In all other circumstances, notice shall be sent to the person previously designated by the owner as authorized to receive property.

(f) If none of the above alternatives is available, notice of the proposed donation or destruction of the property shall be published at least once in an official newspaper in the county in which the institution is located at least thirty days prior to the date fixed for the action. The notice shall be signed by the secretary and shall contain a general description of the unclaimed personal property, specifying the institution at which the property is held.

History

• Statutory Authority: RCW 72.01.090. WSR 15-13-074, § 137-36-040, filed 6/12/15, effective 7/13/15. Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-040, filed 9/27/83. Formerly WAC 275-87-020.

Wash. Admin. Code § 137-36-050 Inventory of personal property.

All personal property, whether confiscated, in the possession of the inmates or maintained by the institution shall be inventoried on forms established and approved by the secretary.

A continuous log will be maintained at each holding area designated for inmate personal property. The log shall identify the property contained therein as well as the custodial personnel who have access to the personal property area.

History

• Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-050, filed 9/27/83.

Wash. Admin. Code § 137-36-060 Return of personal property.

Upon formal release from the institution, all personal property in the custody of the superintendent shall be returned to the inmate. If the inmate believes that property of value belonging to him/her has been lost or damaged due to staff negligence, he/she may file a claim pursuant to RCW 4.92.100.

History

• Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-060, filed 9/27/83.

Wash. Admin. Code § 137-36-070 Implementation.

The secretary may adopt rules and regulations implementing this chapter.

History

• Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-070, filed 9/27/83.

Chapter 137-48 Mail and communications for individuals in prison.

Wash. Admin. Code § 137-48-010 Purpose.

The purpose of these rules is to maintain the safety, security, and discipline of adult prison facilities operated under the jurisdiction of the department of corrections in accordance with Title 72 RCW et al., by establishing guidelines for the development of departmental and institution level policies and rules governing the receipt and sending of mail by incarcerated individuals, herein after referred to as "individual" or "individuals," to prevent the transmission of illegal items or contraband into or out of an institution. These rules shall not apply to work release facilities under the jurisdiction of the department.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-020 Definitions.

(1) "Contraband" includes illegal items, explosives, deadly weapons, alcoholic beverages, drugs, tobacco products, controlled substances and any item that is controlled, limited, or prohibited on the grounds or within the secure perimeter of a correctional facility as defined by department or institution policy.

(2) "Emergency situations" are critical illnesses, deaths, or similar situations experienced by members of the individual's family or the individual.

(3) "Illegal items" are items which are unlawful for any person to possess within the community as defined by the laws of the state of Washington, controlled substances as defined and listed in chapter 69.50 RCW or any weapon, firearm, or any instrument which, if used, could produce serious bodily injury to another.

(4) "Indigent incarcerated individual" is defined as an individual who has less than the dollar amount per the indigency definition in RCW 72.09.015 of disposable income in the individual's trust fund account on the day a request is made to utilize funds and during the thirty days previous to the request.

(5) "Inspection of mail" the physical act of opening, touching, and/or reading of mail, the use of mechanical or chemical systems and/or the use of animals to determine the presence of contraband or illegal items.

(6) "Legal mail" is correspondence to or from:

(a) Any court or opposing attorney/party, the Washington state bar association (WSBA), the indeterminate sentence review board (ISRB), the Washington state department of enterprise services office of risk management, Prison Rape Elimination Act (PREA) auditors certified by the United States Department of Justice, the department headquarters PREA coordinator and Just Detention International (JDI);

(b) PREA auditor leads certified by the United States Department of Justice when related to an audit in process at the individual's facility;

(c) The president or vice president of the United States, members of the United States Congress, embassies and consulates, the United States Department of Justice, state attorneys general, governors, members of any state legislature, and law enforcement officers in their official capacity;

(d) The attorney of record (e.g., defense attorney) in court cases that have been filed in a local, state, or federal court; and

(e) An attorney corresponding with an individual concerning legal advice, including established groups of attorneys representing the individual (e.g., American Civil Liberties Union, disability rights Washington, legal service corporations, public defender associations).

To be considered and therefore handled as "legal mail" the correspondence must be clearly marked "legal mail" on the outside front of the envelope, and must have a mailing address or return address which clearly indicates that the mail is to or from one of the above listed sources.

(7) "Letters" consist of handwritten/typed communications and/or written/pictorial enclosures to and from individuals. A standard first class, one ounce letter shall be consistent with the dimensions, weight, and thickness as prescribed by the United States Postal Service. A properly addressed and stamped post card or greeting card shall be processed with the same standards as described above for a first class one ounce letter. Nonstandard first class mail requires a surcharge as established by the United States Postal Service.

(8) "Mail" consists of letters, publications, or packages delivered by the United States Post Office or by other established and authorized carriers.

(9) "Packages" a wrapped or boxed object; a parcel or bundle containing one or more objects, a container in which something is packed for storage or transport or mailing.

(10) "Publications" consists of reproduced handwritten or typed/printed or pictorial materials including books, periodicals, newspapers, magazines, and pamphlets.

(11) "Return address" for an individual includes the full committed name, and may include any other legal name, DOC number, housing assignment, and the full name of the correctional facility from which the correspondence is mailed. For a free citizen this includes a reasonable return address as recognized by the United States Postal Service, to include an identifiable last name.

(12) "Secretary" is the secretary of the department of corrections or his/her designee(s).

(13) "Sexually explicit materials" consists of any item reasonably deemed to be intended for sexual gratification and which displays, portrays, depicts, or describes:

(a) Nudity, which includes, but is not limited to, exposed/visible (in whole or part, including under or through translucent/thin materials providing intimate physical detail) genitals/genitalia, anus, buttocks and/or female/transgender breast nipple(s);

(b) A sex act which includes, but is not limited to, genital-genital, oral-genital, anal-genital, or oral-anal contact/penetration, genital or anal contact/penetration with an inanimate object, masturbation, and/or bodily excretory behavior;

(c) Sadistic/masochistic abuse, bondage, bestiality, and/or participant who appears to be nonconsenting, dominated, degraded, humiliated, or in a submissive role, and/or a participant who appears to be acting in a forceful, threatening, dominating, or violent manner; and/or

(d) A minor, or a model or cartoon depicting a minor, in a sexually suggestive setting/pose/attire.

(14) "Superintendent" means the superintendent of a correctional facility or his/her designee(s).

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-030 Inspection of mail.

(1) All mail intended for or to be sent by an individual, excluding legal mail discussed in subsection (3) of this section, may be inspected at any time by the staff designated by the superintendent or his/her designee(s). Mail may be disapproved for receipt or transmittal in accordance with WAC 137-48-040.

(2) No person who inspects, or participates in the inspection, of an individual's mail, shall disclose the contents except in the cause of his/her official duties.

(3) Mail (incoming or outgoing) which is clearly identified on the outside of the envelope as legal mail, as defined in WAC 137-48-020, shall be inspected only in the presence of the individual. Legal mail shall not be read but may be inspected in the presence of the individual to verify legal mail status and that the mail is free of contraband.

(4) Mail containing illegal items or contraband shall be held and disposed of in accordance with the procedures set forth in chapter 137-36 WAC or as otherwise stated in this chapter.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-040 Restriction of incoming and/or outgoing mail.

(1) Incoming mail to individuals may be disapproved for receipt for any one of the following reasons:

(a) The mail threatens illegal activity including, but not limited to, threats of physical harm, blackmail or extortion.

(b) The mail threatens the safety and security of the institution including, but not limited to, mail concerning sending contraband escape plans, security devices, or mail that is in a code, a foreign language that cannot be interpreted, does not contain a return address, contains gang symbols, plans for activities in violation of institutional rules or contains information which, if communicated, would create a risk of violence and/or physical harm.

(c) The mail is susceptible to the introduction of contraband including, but not limited to, altered publications, mail with unknown substances on or in it, mail purported to be legal mail that is general correspondence, cash or checks, postage stamps, stickers, photos wherein the nonphoto side is or can be separated, publications not mailed directly from vendor, items not ordered and approved through institution channels, greeting cards that are padded, laminated/layered or musical.

(d) Any mail or publication that is deemed to be a threat to legitimate penological objectives including, but not limited to, sexually explicit materials.

(e) The mail is correspondence between individuals that has not been approved by the superintendent in compliance with department policy.

(f) The mail contains items identified by the department secretary or designee as not authorized including, but not limited to, multiple copies of documents, mailings soliciting or offering games of chance, clippings from books or magazines.

(g) The mail is from an individual with whom contact is restricted in compliance with the judgment and sentence, a no contact order or department policy.

(2) Outgoing mail from individuals of institutions may be disapproved for mailing for any of the following reasons:

(a) For any of the reasons set forth in WAC 137-48-040(1).

(b) The mail is addressed to a minor whose parents or guardian have objected in writing to such correspondence.

(c) An individual or their guardian who previously has been sent obscene or threatening mail by the individual has complained or has asked that such mail not be received.

(d) The mail solicits money or goods from a person or organization other than the immediate family of the individual without the permission of the superintendent. The above provisions may not be construed to preclude the purchase of noncontraband goods or payment for such goods which have been approved by the superintendent or his/her designee.

(e) The outside of the mail (envelope or package) does not contain a return address as defined in WAC 137-48-020.

(3) No mail is to be restricted for the reason that it appeals to a particular ethnic, racial, or religious group, or that it contains critical opinions of departmental policy or departmental employees, unless the mail is also judged to be a threat to legitimate penological objectives.

(4) In addition to those reasons cited in this section, packages sent either to or from an individual are subject to the following restrictions:

(a) An individual may receive one gift package not to exceed fifteen pounds in weight on a quarterly basis. Quarterly periods shall consist of December through February, March through May, June through August, and September through November. Rules governing the contents of quarterly packages shall be developed specifically by each institutional superintendent and approved by staff designated by the secretary. The superintendent may allow exceptions from the one gift package limitation and weight limitation provided that appropriate contraband controls are maintained.

(b) The contents of the quarterly package shall be restricted to those items that are otherwise not available to the individual through the institutional store or other purchasing outlet provided by the institution. A replacement package may be sent during the same quarter for damaged packages that are returned to the sender by the individual.

(c) Prepaid merchandise approved by the superintendent or designee and ordered by the individual from any wholesaler or retailer shall not be considered one of the quarterly packages.

(d) Individuals may mail packages containing materials which have been sent to him or her in the institution or gifts consisting of his or her own hobby craft or curio work. Packages must be made and mailed at the individual's expense.

(e) Newly admitted individuals at any department of corrections operated reception center will not receive packages while assigned to the reception center.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-050 Procedures for restrictions of incoming and/or outgoing mail.

(1) If an individual's outgoing mail is restricted, written notification will be provided to the individual by the mailroom staff. This notification shall contain the specific reason for this action. The notice shall contain notification to the individual that the restriction becomes final within ten days of the initial notice. The superintendent or his/her designee shall review the restriction within the ten-day period of time and shall either uphold the restriction, or allow for the delivery of the mail. If upheld, the staff designated by the secretary shall then review the restriction and make a final determination.

(2) If an individual's incoming mail is restricted, written notification will be provided to the individual and sender by the mailroom staff. This notification shall contain the specific reason for this action. The individual and sender shall be advised in writing of his/her right to seek review of the decision to restrict his/her mail. The review shall be sought by writing directly to the superintendent/designee within ten calendar days of the initial restriction decision for the individual, and within twenty calendar days for the sender.

(3) Upon receipt of an individual's and/or sender's appeal, the superintendent or his/her designee shall affirm or reverse the action taken at the institution and shall send a notice of the decision in writing within ten working days from the receipt of the individual's or sender's written request.

(4) The individual and the sender may seek a review of the superintendent's/designee's decision by writing to the superintendent/designee with their intent to appeal to the staff designated by the secretary within ten calendar days of the decision for individuals, and within twenty calendar days for the sender.

(5) Upon receipt of the individual's or sender's appeal, the staff designated by the secretary will affirm or reverse the action taken at the facility and will advise the individual or sender in writing of this action within ten calendar days from the receipt of the individual's or sender's written request.

(6) Incarcerated individuals are financially responsible for disposing of their own unauthorized personal property by shipping it to a nonincarcerated person designated by the individual at the individual's expense. The sender should not send stamps or money to the facility or headquarters for this purpose.

(7) When a decision is rendered regarding a particular issue of a publication, that decision shall be binding for all prison facilities. A statewide notification shall be promptly issued from the final reviewer when the decision is rendered.

(8) If a package contains contraband and is subject to criminal prosecution, the entire package will be turned over to the appropriate law enforcement agency. Items of contraband not subject to criminal prosecution will be disposed of in accordance with procedures set forth in departmental and facility regulations as authorized by chapter 137-36 WAC.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-060 Mail costs.

(1) Except as otherwise stated in this section, mail costs shall be the responsibility of the individual.

(2) Mail which arrives at the institution with postage due may, at the option of the superintendent, be delivered to the individual. The institution may pay the postage due in accordance with subsection (3) of this section, or hold the mail for a reasonable period of time so as to allow the individual to arrange for payment of the postage due. If such arrangements are not made within the time provided, the package/mail may be donated to charity or discarded.

(3) Indigent individuals shall be authorized to receive postage up to the equivalent to the mailing cost of ten standard first class letters per month. This indigent postage provision shall cover regular letters. Indigent individuals will be allowed additional postage for legal mail as identified by the department.

(4) The department shall recoup any expenditures made by the institution for postage due on incoming mail and/or indigent postage for letters, (as identified in subsection (3) of this section) may be recouped by the institution whenever such indigent individual has more than the dollar amount per the indigency definition in RCW 72.09.015 of disposable income in his/her trust fund account.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-070 Mail records.

The institution superintendent or his/her designee(s) shall be responsible for the maintenance of a continuous record showing the source and destination of legal mail, packages and items of monetary value mailed by or mailed to an individual. The secretary shall establish procedures for each institution governing the written mail record.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-080 Telephone usage.

(1) Telephone facilities shall be provided in appropriate numbers and locations to permit reasonable and equitable access to all individuals, except individuals of the reception center and those individuals in disciplinary segregation.

(2) The superintendent shall promulgate written regulations providing for access of individuals to additional telephone facilities in emergency situations.

(3) The superintendent shall promulgate written regulations outlining the hours of telephone availability, maximum length of calls (not less than five minutes), limitations on telephone use, and provisions for monitoring, recording, and operator-announced calls as provided for in RCW 9.73.095.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-48-090 Implementation.

The secretary may adopt rules and regulations implementing this chapter.

History

• Statutory Authority: RCW 72.08.380, 72.09.050 and 72.12.140. WSR 83-20-036 (Order 83-09), § 137-48-090, filed 9/27/83.

Chapter 137-52 Resident of adult correctional institution escorted leave of absence.

Wash. Admin. Code § 137-52-005 Purpose.

The purpose of this chapter is to set forth the reasons for and conditions under which a superintendent may extend the limits of confinement under the authority of RCW 72.01.370.

History

• Statutory Authority: RCW 72.01.380. WSR 85-07-042 (Order 85-07), § 137-52-005, filed 3/19/85. Formerly WAC 275-85-010.

Wash. Admin. Code § 137-52-010 Definitions.

(1) "Escorted leave" is an approved leave of absence by an incarcerated individual from a correctional facility under the continuous supervision of trained correctional staff.

(2) "Immediate family" includes an children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, aunts, uncles, and a person legally married to or in a state registered domestic partnership with an incarcerated individual. "Immediate family" includes the immediate family of an incarcerated individual who was adopted as a child or an adult, but does not include an incarcerated individual adopted by another incarcerated individual.

(3) "Indigent" shall be understood to mean an incarcerated individual who has not been credited with twenty-five dollars or more total from any source(s) for deposit to the incarcerated individual's trust fund account during the thirty days preceding the request for an escorted leave and has less than a twenty-five dollar balance in his/her trust fund account on the day the escorted leave is requested, or together with his/her immediate family cannot pay or reimburse the expenses of the escorted leave on the day the escorted leave is requested. A declaration of indigency shall be signed by the incarcerated individual and the incarcerated individual's family on forms provided by the department.

(4) "Director" means the deputy secretary of the prisons division or his/her designee(s).

(5) "Superintendent" means the superintendent of a state correctional institution, state honor camp, or other penal institutions as now or hereafter established under the jurisdiction of the department of corrections pursuant to law or his/her designee.

(6) "Department" means the department of corrections.

(7) "Secretary" means the secretary of the department of corrections or his/her designee(s).

(8) "Nonviolent offender" means any person convicted of a felony not classified as a violent offense under chapter 9.94A RCW.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-015 Reasons allowed.

An escorted leave may be granted by the superintendent to extend limits of confinement into the community to permit an incarcerated individual to:

(1) Receive necessary medical or dental care which is not available in the institution;

(2) Visit a seriously ill member of the incarcerated individual's immediate family or attend the funeral of a member of the incarcerated individual's immediate family upon verification, by the superintendent, of such illness or death;

(3) Participate in athletic contests as a member of a group or team only if the incarcerated individual is in minimum custody; or

(4) Participate in supervised work of the department to include industrial, educational, and agricultural programs;

(5) Participate as a volunteer in community service work projects, which are approved by the superintendent for selected minimum custody nonviolent offenders, if such work project is requested by the local community.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-020 Conditions.

(1) An escorted leave shall be authorized only for trips within the boundaries of the state of Washington.

(2) The duration of an escorted leave to the bedside of a seriously ill member of the incarcerated individual's immediate family or attendance at a funeral shall not exceed forty-eight hours unless otherwise approved by the superintendent.

(3) The duration of escorted leaves granted for reasons other than those mentioned in WAC 137-52-015(2) shall not exceed the normal work day (eight hours) with the exception of extended medical treatment requiring placement at a local hospital.

(4) The incarcerated individual shall be in the visual or auditory contact of an approved correctional staff member at all times and shall be considered under the custody of the superintendent.

(5) The incarcerated individual shall be housed in a city or county jail or state institution at all times when not in transit or actually engaged in the activity for which the escorted leave was granted.

(6) An agreement for reimbursement for expenses not to be paid by the state and escort arrangements must be established in advance of the requested date of escorted leave.

(7) County and city law enforcement agencies with jurisdiction in the area of the incarcerated individual's destination shall be notified by the superintendent before allowing any escorted leave of absence under RCW 72.01.375.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-025 Application requests for escorted leave.

The superintendent of each institution shall establish procedures governing the method of handling requests by individual incarcerated individuals or the institution for an escorted leave of absence. Each leave request will be evaluated within forty-eight hours. If the leave request is initiated by the institution, the superintendent will advise the incarcerated individual of the reason for the escorted leave, including leaves for family emergency or medical requirement.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-030 Approval.

Escorted leaves for medium and minimum custody incarcerated individuals shall be approved or denied by the superintendent. Escorted leaves for close and maximum custody incarcerated individuals for the purpose of medical or dental treatment shall be approved or denied by the superintendent. Escorted leaves for close and maximum custody incarcerated individuals, with the exception of medical or dental treatment, shall be approved or denied by the secretary. In approving a request for escorted leave, the following factors will be considered:

(1) The nature of the request for escorted leave;

(2) The community risk associated with granting the request for an escorted leave based on the security or escape risk;

(3) The incarcerated individual's overall history of stability and any tendencies toward violent disruptive behavior;

(4) Any history of unusual disciplinary problems;

(5) The incarcerated individual's degree of trustworthiness as demonstrated by his/her performance in work assignments and maintenance of a clear disciplinary record;

(6) Any significant health problems that might be aggravated as a result of the leave; and

(7) Such other information as may be deemed relevant.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-035 Escort procedures.

(1) Only correctional staff approved by the superintendent will be authorized to serve as escorts. Single escorts must have attained permanent employee status. At least one experienced, permanent status employee will accompany all incarcerated individuals on escorted leave.

(2) Medium and close custody incarcerated individuals shall be escorted by at least two correctional staff. No more than five medium/close incarcerated individuals may be escorted with two correctional staff. Maximum custody incarcerated individuals will be escorted in ratio of two staff to one incarcerated individual. Medium, close, and maximum custody inmates shall be escorted in hand and leg restraints. Inmates in these custody levels shall be escorted with at least one staff member carrying a sidearm and safely separated from a second officer who will be the immediate escort for the incarcerated individual. The unarmed officer may be the immediate supervisor, counselor, or other state correctional staff approved by the superintendent. Only with the approval of the superintendent will escorts remove waist and leg restraints from inmates.

(3) Minimum custody inmates shall be escorted under circumstances deemed appropriate by the superintendent. Correctional staff may be instructed to wear their uniforms and sidearms in appropriate circumstances.

(4) A correctional officer serving as escort may wear civilian clothing when escorting an incarcerated individual to a bedside visit or a funeral unless otherwise directed by the superintendent.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-040 Expenses.

(1) Correctional staff assigned escort duties shall be authorized per diem reimbursement for meals, lodging, and transportation at the rate established by the departmental travel policy.

(2) Correctional staff assigned escort responsibility shall receive appropriate compensation at regular salary or overtime for all hours spent in actual escort of the incarcerated individual, but not including hours sleeping or not engaged in direct supervision of the incarcerated individual. The salary shall be paid at the appropriate straight time and overtime rates as provided in the merit system rules.

(3) Cost of housing the incarcerated individual in a city or county jail when not in transition or actually engaged in the activity for which the escorted leave was granted shall be charged the incarcerated individual in accordance with WAC 137-52-045.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-045 Expenses—Paid by incarcerated individual.

(1) The expenses of the escorted leave as enumerated in WAC 137-52-040 shall be reimbursed by the incarcerated individual or his/her immediate family unless the superintendent has authorized payment at state expense in accordance with WAC 137-52-050.

(2) Payments by the incarcerated individual or the incarcerated individual's immediate family shall be made to the institution's business office and applied to the appropriate fund as defined by law, applicable provisions of the Washington Administrative Code, or department policy.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-52-050 Expenses—Paid by department.

The expenses of the escorted leave shall be absorbed by the state if:

(1) The incarcerated individual and his/her immediate family are indigent in accordance with WAC 137-52-010(3); or

(2) The expenses were incurred for the purpose of the incarcerated individual's participation in a program activity, academic or vocational activity, work activity, or to secure medical care; or

(3) The expenses were incurred as a result of a reclassification of an incarcerated individual and the return of such incarcerated individual from a minimum custody facility to a more secure facility.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Chapter 137-54 Inmate marriages—Adult correctional facilities.

Wash. Admin. Code § 137-54-010 Definitions.

As used in this chapter, the following words have the following meanings:

(1) "Institution" means an adult correctional facility identified in RCW 72.01.050(2) or any similar facility hereafter established, or a work/training release facility established pursuant to chapter 72.65 RCW;

(2) "Superintendent" means the superintendent of an adult correctional facility identified in RCW 72.01.050(2) or any similar facility hereafter established or the supervisor of a work/training release facility established pursuant to chapter 72.65 RCW;

(3) "Inmate" means a person under the custody of the state department of corrections but does not include a parolee or a probationer.

History

• Statutory Authority: RCW 72.01.090 and 72.09.050. WSR 85-05-019 (Order 85-03), § 137-54-010, filed 2/13/85.

Wash. Admin. Code § 137-54-020 Eligibility and notice.

An inmate may marry while confined to or on furlough from an institution if such marriage is legally permissible under the laws of the state of Washington. An inmate must give written notice of his or her intention to marry. Such notice shall be given to the superintendent of the institution in which the inmate resides.

History

• Statutory Authority: RCW 72.01.090 and 72.09.050. WSR 85-05-019 (Order 85-03), § 137-54-020, filed 2/13/85.

Wash. Admin. Code § 137-54-030 Superintendent's procedures.

(1) Superintendents shall develop written procedures for inmate marriages. Said procedures shall address, but not be limited to:

(a) The inmate's notice of intent to marry;

(b) Premarriage counseling for the inmate and the intended spouse;

(c) The visitation privileges between the inmate and intended spouse; and

(d) The conduct of the marriage and related matters, giving due consideration to the requirements of security, safety, health, and orderliness.

(2) Inmates will be advised of such procedures developed by the superintendent.

History

• Statutory Authority: RCW 72.01.090 and 72.09.050. WSR 86-07-034 (Order 86-05), § 137-54-030, filed 3/14/86
• WSR 85-05-019 (Order 85-03), § 137-54-030, filed 2/13/85.

Wash. Admin. Code § 137-54-040 Marriage ceremony.

All marriage arrangements will be planned in conjunction with and supervised by the chaplain assigned to the institution in which the inmate resides. When the marriage ceremony takes place within an institution the superintendent may permit outside clergy or other lawfully authorized persons to perform the marriage ceremony.

History

• Statutory Authority: RCW 72.01.090 and 72.09.050. WSR 85-05-019 (Order 85-03), § 137-54-040, filed 2/13/85.

Chapter 137-55 Adult correctional institutions—Acquisition of personal hygiene items.

Wash. Admin. Code § 137-55-010 Purpose.

The purpose of these rules is to establish a uniform procedure for the acquisition and replenishment of personal hygiene items within all department of corrections facilities.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-55-020 Definitions.

(1) "Personal hygiene items" shall consist of items directed towards a particular individual, which are used to promote or preserve that individual's health and to contribute to the prevention of disease or infection.

(2) "Indigent" for purposes of this rule shall be defined as an offender who has less than a ten-dollar balance of disposable income in his or her institutional account on the day the request is made to use funds or during the thirty days previous to the request.

(3) "Acquisition" for the purpose of this rule shall refer to the act of acquiring or locating personal hygiene items.

(4) "Replenishment" for the purposes of this rule shall refer to the act of adding to or obtaining a new supply of new personal hygiene items.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-55-030 Acquisition of items.

(1) All offenders incarcerated within department of corrections facilities shall be responsible for the acquisition and replenishment of personal hygiene items after the initial issuance of those items at the reception center.

(2) Initial issuance of personal hygiene items shall include the department's issuance of the following items to individual offenders:

(a) Bath soap;

(b) Toothbrush;

(c) Toothpaste;

(d) Razor - One each;

(e) Comb or hair pick - One each;

(f) Shampoo - Thirty-day supply (optional issuance for offenders in the reception center only);

(g) Deodorant - Thirty-day supply (optional issuance for offenders in the reception center only); and

(h) State issued sanitary napkins will be made available to female offenders on an as needed basis without charge.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-55-040 Replenishment.

(1) "Replenishment" of offender personal hygiene items shall be in accordance with the department's established usage factors for personal hygiene items.

(2) The guideline usage for each personal hygiene item shall be as follows:

(a) Bath soap - Seven days per bar;

(b) Toothbrush - Sixty days;

(c) Toothpaste - Thirty days;

(d) Razor - Five days;

(e) Comb - Sixty days; and

(f) Hair pick - One hundred eighty days.

(3) Department replenishment of personal hygiene items shall be issued to those offenders meeting the definition of indigent and those offenders that do not have sufficient money available.

(4) If a nonindigent offender does not have sufficient money for a single item issue, any money available will be deducted and a debt established for the balance and collected in accordance with the offender financial debt collection procedure.

(5) State issued sanitary napkins will be made available to female offenders on an as needed basis without charge.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-55-050 Indigent offender.

(1) Those offenders meeting the definition of indigent offenders, shall not be denied access to personal hygiene items in terms of both initial acquisition and later replenishment.

(2) The department of corrections shall establish uniform issue by quantity per item.

(3) The state shall be reimbursed for the cost of the personal hygiene supplies in accordance with established department of corrections procedures as stated in the offender financial debt collection procedure.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-55-060 Nonindigent offenders.

Nonindigent offenders who have sufficient money shall purchase personal hygiene items through their facility commissary program.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Chapter 137-56 Partial confinement.

Wash. Admin. Code § 137-56-005 Purpose.

The purpose of this chapter is to set forth the rules and regulations governing the administration of the department's work/training release programs.

History

• Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-005, filed 4/5/82. Formerly Title 275 WAC.

Wash. Admin. Code § 137-56-010 Definitions.

(1) "Secretary" is the secretary of the department of corrections or their designee.

(2) "Department" is the department of corrections.

(3) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention, electronic monitoring, or work crew has been ordered by the court or home detention has been ordered by the department as part of the community parenting program or the graduated reentry program for no more than 18 months, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes reentry center, home detention, work crew, electronic monitoring, and a combination of work crew, electronic monitoring, and home detention.

(4) "Home detention" is a subset of electronic monitoring and means a program of partial confinement available to individuals wherein the individual is confined in a private residence 24 hours a day, unless an absence from the residence is approved, authorized, or otherwise permitted in the order by the court or other supervising agency that ordered home detention, and the individual is subject to electronic monitoring.

(5) "Administrative termination" is the nondisciplinary reclassification of an individual from partial confinement to total confinement by the administrator/designee if they determine placement is no longer viable and/or if the circumstances of placement create a risk to the community, participant, child, or family, or the individual self-terminates, is no longer suitable, or fails to maintain placement requirements (e.g., no longer has viable housing options, medical condition, financial hardship, failing to maintain an operable telephone line).

(6) "Supervisor" is a staff member assigned by the administrators to administer and supervise a specific partial confinement program and includes their designee.

(7) "Community corrections officer" or "specialist" is a staff member also known as a "case manager" assigned by the community corrections supervisor/reentry center manager to supervise and counsel a caseload of individuals assigned to a reentry center or partial confinement program.

(8) "Contract staff" is the staff member(s) of an agency under contract to the department of corrections to provide housing and/or monitoring for reentry center individuals.

(9) "Partial confinement individual" is any individual committed to or transferred to the department's custody pursuant to a valid criminal conviction who has been approved by the department for placement in a designated reentry center or partial confinement program.

(10) "Sponsor-escort" is a responsible citizen screened and approved to escort and monitor an individual during official and social activities outside of the reentry center.

(11) "Reentry center" is an establishment approved for housing and monitoring of reentry center individuals during the individual's stay in a reentry center. It also includes individuals who have been screened and approved for placement on partial confinement programs.

(12) "Business" is a nine-hour day, 8:00 a.m. to 5:00 p.m. excluding weekends and holidays.

(13) "Hearing officer" means an employee of the department authorized to conduct disciplinary/department hearings.

(14) "Hearings program administrator" means the administrator of the hearings unit of the department, or the hearing program administrator's designee.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-010, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-010, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-010, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-010, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-010, filed 4/5/82. Formerly chapter 275-92 WAC.

Wash. Admin. Code § 137-56-015 Disposition of earnings.

Reasonable payment, as determined by the department, for board and room charges will be deducted from the reentry center individual's earnings. For purposes of this section, earnings shall constitute all income and money received or possessed by the reentry center individual while under an approved partial confinement plan. Nothing in this section shall prohibit the department's authority to obtain reimbursement for moneys advanced to a reentry center individual by the department.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-015, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-015, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-015, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-039 (Order 86-04), § 137-56-015, filed 3/3/86.

Wash. Admin. Code § 137-56-020 Secretary's authority to grant or deny.

The secretary or their designee may grant or deny placement in partial confinement as authorized by chapters 72.65 and 9.94A RCW subject to the rules of this chapter.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-020, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-020, filed 4/5/82. Formerly WAC 275-92-315.

Wash. Admin. Code § 137-56-030 Reasons for placement in a reentry center.

Reentry centers may be authorized for one or more of the following:

(1) To participate in full-time employment or part-time employment at specialized programs;

(2) To participate in a vocational training program, including attendance at an accredited college.

(3) To secure services to support transition back to the community.

(4) As a sanction for violating community custody conditions.

(5) Transfer to a reentry center as a result of violation of conditions of partial confinement programs.

(6) Transfer to a reentry center if the individual is on partial confinement programs and their circumstances, situation, or living arrangements change, they may be placed in a reentry center to develop a new plan.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-56-030, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-030, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-030, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-030, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-030, filed 4/5/82. Formerly WAC 275-92-320.

Wash. Admin. Code § 137-56-040 Eligibility criteria.

(1) An individual is eligible for reentry center placement and/or graduated reentry programming provided that individuals who are found eligible for the graduated reentry program must meet program criteria and either:

(a) Served at least six months total confinement and may serve no more than the last nine months of the individual's term of confinement in a department approved release residence on electronic home monitoring; or

(b) Able to complete the last 18 months of sentence in a reentry center with no more than the last nine months of the individual's term of confinement in a department approved release residence on electronic home monitoring; or

(c) Able to serve at least three months total confinement and may serve no more than the last 18 months of the individual's term of confinement in a department approved release residence on electronic home monitoring.

Partial confinement programs.

(2) Individuals convicted of rape in the first degree shall not be eligible for work/training release reentry centers or graduated reentry program at any time during the first three years of confinement.

(3) Individuals convicted of murder first degree are not eligible for work/training release reentry centers or graduated reentry program, without the written approval of the secretary or their designee.

(4) Individual who violates condition(s) of community custody may be sanctioned to a reentry center for a term of 90 days or less.

(5) Individual who violates condition(s) for partial confinement programs may be sanctioned to a reentry center for a term of 90 days or less, to more restrictive status, or returned to total confinement.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-56-040, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-040, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-040, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-040, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-040, filed 4/5/82. Formerly WAC 275-92-325.

Wash. Admin. Code § 137-56-050 Application—Consideration.

(1) Based on the individual's request to participate in partial confinement programs and/or the individual's need to transition through partial confinement programs, the department will ensure a process for screening.

(2) The case manager may make recommendation for placement in a reentry center as a result of violation of conditions of community custody or partial confinement programs.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-050, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-050, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-050, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-050, filed 4/5/82. Formerly WAC 275-92-330.

Wash. Admin. Code § 137-56-070 Screening.

(1) The supervisor/manager or designee shall screen the individuals referred to the programs.

(2) The partial confinement programs participation is subject to a screening process based on established criteria for each program and determination of suitability for each program.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-56-070, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-070, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-070, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-070, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-070, filed 4/5/82. Formerly WAC 275-92-340.

Wash. Admin. Code § 137-56-080 Plan—Approval or denial.

(1) The supervisor/manager or designee's or program established committee screening decision will be documented by the supervisor/manager or designee in the individual's electronic file indicating the action taken.

(2) Approved individuals will be placed in the program based on individual needs. Disapproved individuals can obtain the reasons for the denial, as documented in the individual's electronic file.

(3) An individual who is denied placement in a reentry center or graduated reentry program will be reviewed by a headquarters committee who will uphold, modify, or overturn the denial.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-080, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-080, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-080, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-080, filed 4/5/82. Formerly WAC 275-92-345.

Wash. Admin. Code § 137-56-090 Plan—Restrictions.

The work or training site shall be within reasonable commuting distance (in most circumstances not more than 50 miles) of the partial confinement program in which the individual is confined.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-090, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-090, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-090, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-090, filed 4/5/82. Formerly WAC 275-92-350.

Wash. Admin. Code § 137-56-095 Orientation.

(1) At the time of admission, each partial confinement individual shall be advised in writing of:

(a) Program goals and services available.

(b) Rules governing conduct and program rules.

(c) Incentives earned, as defined in policy, for positive behavior and program completions.

(d) Conditions for their specified program that is applicable to them and to their success.

(e) Disciplinary action which may be taken in the event of a serious violation of rules or special conditions. To include, but not be limited to:

(i) Remain confined to the partial confinement premises at all times other than the time necessary to implement the plan or when authorized under WAC 137-56-140. Any partial confinement individual approved for placement under a partial confinement plan who willfully fails to report to their designated assignment or return to the designated place of confinement at the time specified may be deemed an escapee and fugitive from justice, and upon conviction shall be guilty of a felony and sentenced in accordance with state law.

(ii) Have employment or other approved resources in order to maintain themselves financially.

(iii) Not consume, ingest, inject, or possess nonprescription narcotic or "dangerous" drugs or controlled substances, or any mood altering drug or alcoholic beverages.

(iv) Report all income to the reentry center manager or their designee. All income, for individuals in a reentry center from any source shall be immediately placed in the individual's banking account by the reentry center manager or their designee. A receipt will be issued.

(v) Individuals in a partial confinement program, with case manager approval, may enter into contracts for banking accounts that support their transition to the community. Each individual must provide their account information.

(2) All amendments or additions to disciplinary rules, policies, and procedures shall be posted at a specifically designated place or places in each reentry center in advance of their effective date if possible and for at least 30 days after their effective date. Partial confinement individuals shall be responsible for informing themselves of such postings. Complete and up-to-date copies of these rules and all program rules shall be available at each reentry center and provided to each individual on partial confinement programs for review.

(3) The reentry center manager shall ensure that each individual has the opportunity to understand rules which relate to their conduct. If the individual is unable to read or understand English, the rules shall be read to them promptly in their accustomed language.

(4) All individuals will receive orientation within two business days of placement in a reentry center program. Orientation must be completed before the individual can leave the reentry center or leave the approved partial confinement programs location. The individual must sign the appropriate form indicating they will comply with all the partial confinement program policies and program rules.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-56-095, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-095, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-095, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-095, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-095, filed 2/21/86.

Wash. Admin. Code § 137-56-101 Application of behavior management chapter.

The definitions and serious violations described herein apply to individuals committed to partial confinement programs. Partial confinement programs i.e., reentry center, community parenting alternative and graduated reentry may create their own separate agency policies if it is not viable or feasible to combine, if determined necessary by the respective administrator.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-101, filed 3/22/24, effective 4/22/24.

Wash. Admin. Code § 137-56-105 Definitions.

For the purposes of serious violations, the following terms have the following meanings:

(1) Assault - A physical attack upon the body of another person. The attack may be made with any instrument including, but not limited to, weapons, body parts, food products, or bodily secretions.

(2) Attempting - Putting forth an effort to commit any violation.

(3) Bodily harm - Physical pain or injury, illness, or impairment of physical condition.

(4) Conspiring - Entering into an agreement with another person(s) to commit a violation.

(5) Individual - Offender or inmate as defined in RCW 72.09.015.

(6) Possessing - When an item(s) is found on an individual or in an individual's assigned area of responsibility.

(7) Sex act - Includes, but is not limited to, any of the following acts: Genital-genital, oral-genital, anal-genital, or oral-anal contact/penetration; genital or anal contact/penetration with an inanimate object; masturbation; sadistic/masochistic abuse; bondage; bestiality; and/or bodily excretory behavior which appears to be sexual in nature.

(8) Sexual assault against a staff member - An incident in which one or more of the following actions is taken or threatened against a staff member without his/her consent or when he/she is unable to consent or refuse:

(a) Contact between genitalia (i.e., penis, vagina) or between genitalia and the anus involving penetration, however slight. This does not include kicking, grabbing, or punching genitals when the intent is to harm or debilitate rather than to sexually exploit.

(b) Contact between the mouth and the penis, vagina, or anus.

(c) Penetration of the anal or genital opening of the staff member by hand, finger, or other object.

(9) Sexual contact against a staff member - Contact against a staff member without his/her consent or when the staff member is unable to consent or refuse which includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttock of the staff member. This does not include kicking, grabbing, or punching when the intent is to harm or debilitate rather than to sexually exploit.

(10) Sexual harassment against a staff member, visitor, or community member - Any word, action, gesture, or other behavior taken against a staff member, visitor, or community member that is sexual in nature and that would be offensive to a reasonable person.

(11) Staff member - A department of corrections employee, contract staff, or volunteer.

(12) Violation - The act of failing to comply with a rule enumerated in this chapter.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-105, filed 3/22/24, effective 4/22/24.

Wash. Admin. Code § 137-56-107 Adoption or revision of serious violations.

(1) The secretary may adopt and/or revise serious violations.

(2) Before adopting or revising a serious violation, the secretary shall, when applicable, follow the rule-making procedures of chapter 34.05 RCW, Administrative Procedure Act.

(3) Nothing herein shall be construed as limiting the department of corrections' exclusion from the Administrative Procedure Act under RCW 34.05.030 (1)(c).

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-107, filed 3/22/24, effective 4/22/24.

Wash. Admin. Code § 137-56-110 Serious violations.

(1) Any of the following types of behavior may constitute a serious violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation.

(2) If contraband or another violation is discovered in an individual's assigned area of responsibility, such as within the confines or contents of an assigned room, the contraband or other violation shall be constructively attributed (i.e., cell tagged) to all individuals assigned responsibility for that area.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-56-110, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-110, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-110, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 99-16-078, § 137-56-110, filed 8/3/99, effective 8/18/99
• WSR 94-07-065, § 137-56-110, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-110, filed 2/21/86.

Wash. Admin. Code § 137-56-120 Provisions of supervision.

(1) In meeting its responsibilities for providing supervision of individuals in the reentry center(s), the following will be provided:

(a) Staff on duty 24 hours a day, seven days a week;

(b) A check-in and check-out system to ensure that the stated whereabouts of the individual is known at all times, including telephonic and on-site checks at school, work, furlough, sponsored outing, pass, etc.;

(c) Bed checks or head counts to account for the individual's whereabouts; a minimum of three counts daily shall be required;

(d) Provide adequately for the individual with respect to sleeping quarters, bathroom facilities, and accommodations for cooking, dining, lounging and leisure time activities;

(e) Comply with state and local fire codes and applicable building, safety, and sanitation codes.

(2) In meeting its responsibilities for providing supervision of individuals in partial confinement programs, the following will be provided:

(a) Case managers available during business hours;

(b) A system of approved movement in the community to ensure that the stated whereabouts of the individual is known at all times, including telephonic and on-site checks at school, work, furlough, sponsored outing, pass, detention location, etc.;

(c) Reviews of electronic home monitoring equipment to ensure movement in the community was approved;

(d) Approve residential placement for the individual to ensure adequate sleeping quarters, bathroom facilities, and accommodations for cooking, dining, lounging and leisure time activities.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-120, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-120, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-120, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-120, filed 4/5/82. Formerly WAC 275-92-405.

Wash. Admin. Code § 137-56-140 Limits of confinement.

A partial confinement individual will follow specified program and/or condition requirements. If an individual is enrolled in partial confinement programs, they shall be confined to the reentry center/approved residence at all times except:

(1) When seeking or arranging for registration at a school or training facility;

(2) When working at paid employment or attending a training facility in a vocational or academic program;

(3) When in a reentry center, authorized a point-to-point pass not to exceed four hours, including travel, for the purpose of transacting personal business including a treatment regimen, between the hours of 7:00 a.m. and 10:00 p.m. and/or outside that time frame with written permission of the reentry center manager or designee;

(4) When authorized to participate in social and recreational activities accompanied by an authorized sponsor-escort;

(5) When on furlough;

(6) When on authorized medical/mental health appointments, substance use disorder treatment, or court appearances;

(7) When ordered to perform community service/restitution;

(8) When seeking employment on an approved job search pass;

(9) When in partial confinement programs, movement allowed as approved by the case manager/designee;

(10) The administrator for the confinement programs may determine an individual's program status and take nondisciplinary administrative action when an individual is no longer suitable and/or eligible for the partial confinement program;

(11) The administrator for the confinement programs may not modify or adjust decision adjudicated by a hearings officer without secretary approval.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-140, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-140, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-140, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-140, filed 4/5/82. Formerly WAC 275-92-410.

Wash. Admin. Code § 137-56-150 Sponsor-escort.

(1) A sponsor-escort shall be a responsible citizen who shall accompany and monitor a reentry center individual during a preapproved social or recreational activity. The sponsor-escort must be approved by the reentry center manager/designee; and the sponsor and individual must sign an agreement with the department which describes their responsibilities.

(2) Persons who are on active/inactive felony probation or parole or under an active SRA sentence, shall not be approved as sponsor-escorts. Persons who have a past felony conviction and who have earned a discharge may be approved as sponsor-escorts on an individual basis by the reentry center manager/designee.

(3) Sponsor-escorts must complete a sponsor orientation provided by the case manager at the reentry center before eligibility under this section.

(4) Sponsor-escorts may not be party to an active no-contact order with the individual.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-150, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-150, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-150, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-56-150, filed 4/5/82. Formerly WAC 275-92-415.

Wash. Admin. Code § 137-56-160 Termination of plan.

At any time after approval has been granted to any partial confinement program individual to participate in the program, such approval may be revoked, and the individual may be sent to a state correctional institution or jail. A partial confinement individual may be terminated from the program as a result of a disciplinary or classification decision or the following:

(1) If requested in writing by the partial confinement individual;

(2) If the partial confinement individual lacks aptitude for the assignment or is improperly placed; or

(3) If the partial confinement individual has been unable to adjust or adapt to the conditions of the partial confinement program; or

(4) If the partial confinement individual's situation and circumstances have significantly changed; or

(5) If the individual is on partial confinement programs and their circumstances, situation or living arrangements change, they may be placed in a reentry center to develop a new plan; or

(6) If the partial confinement individual has failed to comply with federal or state laws or local ordinances.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-56-160, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-160, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-160, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-160, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-160, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-160, filed 4/5/82. Formerly WAC 275-92-510.

Wash. Admin. Code § 137-56-170 Service of notice of proposed disciplinary action.

(1) If disciplinary action is proposed, the supervisor/manager or case manager may suspend the partial confinement plan and place the individual in total confinement pending a formal disciplinary hearing.

(2) The supervisor/manager or designee shall advise the individual in writing of the factual allegations which provide the basis for the proposed disciplinary action within one working day after the suspension of the partial confinement plan.

(3) If the partial confinement plan is not suspended pending the disciplinary hearing, then the program supervisor/manager or designee shall advise the individual at least 24 hours prior to the scheduled hearing.

(4) The factual allegations may be amended and/or new allegations added at any time prior to the disciplinary hearing, provided the partial confinement individual shall have notice of such new and/or amended allegations at least 24 hours prior to the disciplinary hearing unless such notice shall be waived in writing by the individual.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-170, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-170, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-170, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-170, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-170, filed 4/5/82. Formerly WAC 275-92-515.

Wash. Admin. Code § 137-56-175 Alternatives to the formal disciplinary hearing.

When addressing serious violations, the partial confinement case manager may, with the supervisor's/manager's permission, choose to address the violation behavior through a multidisciplinary team meeting, or using a department authorized stipulated agreement process.

History

• Statutory Authority: RCW 72.01.090. WSR 26-02-005, s 137-56-175, filed 12/28/25, effective 1/28/26. Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-175, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-175, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-175, filed 3/14/94, effective 5/1/94.

Wash. Admin. Code § 137-56-180 Disciplinary hearing.

(1) A partial confinement individual served with allegations providing the basis for a proposed disciplinary action shall be notified in writing that a hearing has been set before a department hearing officer. An allegation involving the commission by the individual of a serious violation may be amended at anytime by the department, provided that 24 hours notice be given to the individual or the individual agrees in writing to waive notice to respond to the allegations. The hearing will be held within eight working days of the suspension of the partial confinement plan, unless a longer time is approved by the hearings program administrator or their designee. The written notice of hearing shall be given to the individual at least 24 hours before the hearing unless notice is waived, in writing, and advise the individual of their rights, including the following:

(a) The individual shall be present at all stages of the hearing, except during deliberation in appropriate circumstances.

(b) The individual shall present their own case to the hearing officer. If there is a language or communications barrier, the hearing officer shall appoint an advisor.

(c) The individual may have an attorney present at their hearing upon case-by-case determination by the hearing officer if one is warranted.

(d) The individual may testify during the hearing or remain silent, and their silence will not be held against them.

(e) The partial confinement individual may, in preparation for the hearing, ask the hearing officer that certain department or contract staff members, other partial confinement individuals, and other persons be present as witnesses at the hearing. The hearing officer shall grant such request if it is determined by the hearing officer that to do so would not be unduly hazardous to the partial confinement safety or correctional goals: Provided, however, limitations may be made by the hearing officer if the information to be presented by the witnesses is deemed to be irrelevant, duplicative, or unnecessary to the adequate presentation of the partial confinement individual's case.

(2) Attendance at the hearing shall be limited to parties directly concerned. The hearing officer may exclude unauthorized persons.

(3) Hearings shall be recorded and a copy of the recording maintained in accordance with the statewide retention schedule.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-180, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-180, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 95-22-060, § 137-56-180, filed 10/30/95, effective 12/1/95. WSR 94-07-065, § 137-56-180, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-180, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-180, filed 4/5/82. Formerly WAC 275-92-520.

Wash. Admin. Code § 137-56-200 Disciplinary hearing—Waiver.

(1) At any time after having been served with an allegation providing the basis for a proposed disciplinary action, the individual may choose to waive their right to a hearing by signing an admission of the allegation and request that the hearing be dispensed with entirely or limited only to questions of disposition. Also, the individual may waive, in writing, the 24-hour notice.

(2) The individual may admit in writing to part of the allegations and thereby limit the scope of the hearing.

(3) In those cases where the allegation involves misbehavior or other culpability on the part of the individual, they shall be advised in writing that in admitting the violation and waiving the hearing, a report will be submitted which may result in the loss of partial confinement status, good time credits and/or the extension of the minimum term.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-200, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-200, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-200, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-200, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-200, filed 4/5/82. Formerly WAC 275-92-530.

Wash. Admin. Code § 137-56-210 Disciplinary hearing—Rules of evidence.

(1) All relevant and material evidence is admissible which, in the opinion of the hearing officer, is the best evidence reasonably obtainable having due regard for its necessity, availability, and trustworthiness.

(2) All evidence material to the issues raised in the hearing shall be offered into evidence. All evidence forming the basis for the hearing officer's decision in a matter shall be offered into evidence.

(3) The partial confinement individual shall be allowed to call witnesses approved by the hearing officer pursuant to WAC 137-56-180 (1)(e) and to present documentary evidence in their defense at the hearing when permitting the partial confinement individual to do so will not be unduly hazardous to the partial confinement program's safety or correctional goals unless the testimony to be presented by the witness and/or the information desired to be presented is deemed by the hearing officer to be irrelevant, immaterial, unnecessarily duplicative of other information and/or testimony before the hearing officer, or otherwise found to be unnecessary to the adequate presentation of the partial confinement individual's case. The testimony of all witnesses from outside the partial confinement program shall be considered in writing. In the event the hearing officer determines that the presence of a witness is appropriate, the hearing officer should call the witness, or in its discretion, may continue the hearing if the witness is unavailable, but will become available within a reasonable period of time: Provided, however, that if the witness is unavailable, the hearing officer may, at their discretion, consider the written testimony previously submitted.

(4) The partial confinement individual may question witnesses against them at the discretion of the hearing officer. If the hearing officer determines that a source of information would be subject to risk or harm if their identity were disclosed, testimony of the confidential source may be introduced by the testimony of a staff member. The confidential testimony may be provided by the source or by the written and signed statement of the source. If the staff member to whom the source provided information is unavailable, the written statement of this staff member may be used. The hearing officer shall, out of the presence of all partial confinement individuals and off the record, identify the confidential source, and how the testifying staff member received the confidential information. The staff member presenting the information from a confidential source shall identify the source and the circumstances surrounding the receipt of the confidential information to the hearing officer, off the record. The hearing officer shall make an independent determination regarding the reliability of the confidential source, the credibility of the confidential information, and the necessity of not revealing the source of the confidential information. In determining whether the confidential source is reliable and the confidential information is credible, the hearing officer should consider all relevant circumstances including, but not limited to:

(a) Evidence from other staff members that the confidential source has previously given reliable information;

(b) Evidence that the confidential source had no apparent motive to fabricate information;

(c) Evidence that the confidential source received no benefit from providing the information;

(d) Whether the confidential source is giving first-hand information;

(e) Whether the confidential information is internally consistent and is consistent with other known facts; and

(f) The existence of corroborating evidence.

The hearing officer shall also determine whether safety concerns justify nondisclosure of the source of confidential information. The reliability and credibility determination and the need for confidentiality must be made on the record.

(5) Documentary evidence, including written statements submitted by interested parties on behalf of the individual, may be received. Such evidence may include copies of documents, excerpts from documents and incorporation of written material by reference, including depositions.

(6) The hearing officer should determine if the individual is competent to understand the charges and proceedings or needs an interpreter to participate therein. If the individual is not competent or needs an interpreter, the hearing officer should postpone the hearing to secure a report on the competency of the individual, provide an interpreter, or take such other action as will assure the fairness and orderliness of the hearings.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-210, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-210, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 95-22-060, § 137-56-210, filed 10/30/95, effective 12/1/95. WSR 94-07-065, § 137-56-210, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-210, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-210, filed 4/5/82. Formerly WAC 275-92-535.

Wash. Admin. Code § 137-56-220 Disciplinary hearing—Findings and conclusions.

(1) At the conclusion of the hearing, the hearing officer will make a finding of fact as to whether the allegations made against the individual have been proven by a preponderance of the evidence presented at the hearing.

(2) If the hearing officer determines that the allegations have not been proven by a preponderance of the evidence presented at the hearing, the individual shall be restored/continued on partial confinement status.

(3) If the hearing officer determines that one or more of the allegations have been proven by a preponderance of the evidence presented at the hearing, the hearing officer will proceed to a disposition.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-220, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-220, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-220, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-220, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-220, filed 4/5/82. Formerly WAC 275-92-540.

Wash. Admin. Code § 137-56-230 Disciplinary hearing—Disposition.

(1) The hearing officer shall seek and consider input from the case manager, the reentry center contract/custody staff, if applicable, staff and pertinent treatment providers.

(2) The hearing officer will consider the individual's total background, any previous interventions, adjustment on partial confinement, attitude, recommendations of interested parties, and any other information relative to the individual's ability to continue on partial confinement. The hearing officer shall make a determination as to whether or not the individual has earned good time credits toward release, and whether the matter should be referred to the indeterminate sentence review board or the court for possible increase in the inmate's or individual's minimum term.

(3) The individual shall be present at all stages of the hearing, except for deliberation and even during deliberation when appropriate, and shall have the opportunity to make argument(s) on their own behalf.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-230, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-230, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-230, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-230, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-230, filed 4/5/82. Formerly WAC 275-92-545.

Wash. Admin. Code § 137-56-240 Disciplinary hearing—Decision.

(1) The hearing officer may:

(a) Restore the partial confinement individual to their partial confinement status under the same or modified conditions as the original plan; or

(b) Restrict the individual to the partial confinement program for up to 30 days; or

(c) Require restitution be made by the partial confinement individual; or

(d) Require extra duty to be performed by the individual; or

(e) Revoke approval of an approved sponsor; or

(f) Deny good conduct time; or

(g) Terminate the reentry center plan and return the partial confinement individual from a reentry center to a prison/institution/jail, or an electronic home monitoring individual to a reentry center or a prison/institution/jail.

(2) Nothing in this section shall preclude subsequent reclassification of the partial confinement individual or placement into administrative segregation if demonstrable cause exists to support this action and is approved by the administrator.

(3) The hearing officer shall notify the individual orally within one working day and confirm the decision in writing within five working days. The written decision shall specify the evidence upon which the hearing officer relied and shall include a description of the circumstances surrounding the allegation(s) upon which the termination of the partial confinement is based, the reasons for the decision, a discussion of the individual's personal culpability in the actions which have led to the termination, and an evaluation of the individual's progress, attitudes, need for further programs including reentry center alternatives.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-240, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-240, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 94-07-065, § 137-56-240, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-240, filed 2/21/86
• WSR 82-08-055 (Order 82-06), § 137-56-240, filed 4/5/82. Formerly WAC 275-92-550.

Wash. Admin. Code § 137-56-250 Disciplinary hearing—Appeal.

The individual may appeal the decision of the hearing officer to the area appeals panel. Appeal requests must be in writing, must be specific and based on objection to the procedures used or the information available to the hearing officer in making their decision. Appeals must be submitted within seven calendar days of the hearing officer's written decision. For reasons of community protection, all sanctions ordered by the hearing officer will be imposed following the hearing and will not be stayed. The appeals panel, upon receipt of an appeal, will review the findings and decision of the hearing officer and either:

(1) Affirm, or affirm and modify to a lesser sanction the decision of the hearing officer; or

(2) Reverse the decision of the hearing officer; or

(3) Remand for a rehearing.

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-250, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-56-250, filed 11/28/05 and 12/28/05, effective 5/1/06. WSR 95-22-060, § 137-56-250, filed 10/30/95, effective 12/1/95. WSR 94-07-065, § 137-56-250, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-250, filed 2/21/86
• WSR 83-10-042 (Order 83-05), § 137-56-250, filed 5/2/83
• WSR 82-08-055 (Order 82-06), § 137-56-250, filed 4/5/82. Formerly WAC 275-92-555.

Wash. Admin. Code § 137-56-280 Applicability.

WAC 137-56-170 through 137-56-250 shall not apply to the termination of a partial confinement plan pursuant to WAC 137-56-160(2). WAC 137-56-080 and 137-56-170 through 137-56-250 shall not apply to the termination or modification of a partial confinement plan by the secretary pursuant to WAC 137-56-160(1).

History

• Statutory Authority: RCW 79.01.090. WSR 24-08-017, § 137-56-280, filed 3/22/24, effective 4/22/24. Statutory Authority: RCW 72.65.100. WSR 86-06-012 (Order 86-02), § 137-56-280, filed 2/21/86.

Chapter 137-57 Selecting contractors for and siting of community residential programs (work/training release facilities).

Wash. Admin. Code § 137-57-005 Purpose.

The purpose of this chapter is to establish procedures for the selection of contractors providing work/training release programs, ensure department cooperation with local jurisdictions in the siting of work/training release facilities, and encourage public comment and advice in the siting decisions.

History

• Statutory Authority: RCW 72.65.100. WSR 84-11-032 (Order 84-05), § 137-57-005, filed 5/14/84
• WSR 82-08-055 (Order 82-06), § 137-57-005, filed 4/5/82. Formerly Title 275 WAC.

Wash. Admin. Code § 137-57-010 Definitions.

(1) "Secretary" is the secretary of the department of corrections or his/her designee.

(2) "Department" is the department of corrections.

(3) "Work/training release facility" is an institution, community residential program or other establishment approved for housing and supervision of work/training release inmates or residents as defined in WAC 137-56-010.

(4) "Search committee" is a committee appointed by the secretary to locate potential work/training release contractors or work/training release sites.

History

• Statutory Authority: RCW 72.65.100. WSR 84-11-032 (Order 84-05), § 137-57-010, filed 5/14/84
• WSR 82-08-055 (Order 82-06), § 137-57-010, filed 4/5/82.

Wash. Admin. Code § 137-57-020 Secretary's authority.

Pursuant to RCW 72.65.080 the secretary may enter into contracts with the appropriate authority for the payment of the cost of feeding and lodging and other expenses of having work release participants. Such contracts may include any other terms and conditions as may be appropriate for the implementation of the work release program as defined in chapter 137-56 WAC. In addition, the secretary is authorized to acquire by lease or contract, appropriate facilities for the housing of work release participants and providing for their subsistence and supervision.

History

• Statutory Authority: RCW 72.65.100. WSR 84-11-032 (Order 84-05), § 137-57-020, filed 5/14/84
• WSR 82-08-055 (Order 82-06), § 137-57-020, filed 4/5/82.

Wash. Admin. Code § 137-57-030 Advisory committee.

When the department intends to locate or relocate a work/training release facility, the assistant director shall be responsible for assembling a department advisory committee composed of local elected and/or public officials, local law enforcement heads, interested citizens and department staff. The advisory committee shall be apprised of the department's need for the site and the geographical location desired.

The committee shall then be given the opportunity to make recommendations to the assistant director regarding said site and the selection thereof. These recommendations shall be recorded in writing.

History

• Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-57-030, filed 4/5/82.

Wash. Admin. Code § 137-57-040 Contractor selection.

(1) When the department is seeking a contractor to provide a work/training release program, the secretary will appoint a search committee which shall conduct a search in the manner it deems appropriate to identify potential contractors who would be qualified to develop and provide a work/training release program conforming with applicable regulations, standards, and procedures adopted by the department. The search committee shall also obtain such information as is necessary to evaluate the qualifications and reliability of the potential contractors, the scope of the proposed programs and the cost of such programs.

(2) The names of the potential contractors determined by the search committee, information gathered during the search, the search committee's ranking of the potential contractors, and the search committee's recommendations shall be submitted to the secretary.

(3) The secretary, based on the information, rankings, and recommendations so submitted by the search committee, may approve one of the potential contractors as the provider of the work/training release program.

History

• Statutory Authority: RCW 72.65.100. WSR 84-11-032 (Order 84-05), § 137-57-040, filed 5/14/84
• WSR 82-08-055 (Order 82-06), § 137-57-040, filed 4/5/82.

Wash. Admin. Code § 137-57-050 Site selection.

(1) When the department is seeking a work/training release site, the secretary will appoint:

(a) A search committee which shall conduct a search for possible locations in the manner it deems appropriate; and

(b) An advisory committee composed of local elected or public officials, local law enforcement personnel, interested citizens, and department staff.

(2) After the sites have been identified, the search committee shall submit a description of them to the advisory committee for review. The advisory committee's review shall evaluate the following factors:

(a) The cost of acquiring the use of the site, and the cost of improvements that would be required to renovate, repair, remodel, or alter the site to make it suitable for a work release program;

(b) The desirability of the site for program activities;

(c) The access to public transportation available at the site;

(d) The community impacts associated with the site; and

(e) The zoning restrictions applicable to the geographical area in which the site is located.

(3) After it completes its review, the advisory committee shall submit its recommendations to the secretary, and the secretary may give preliminary approval to one of the recommended sites.

History

• Statutory Authority: RCW 72.65.100. WSR 84-11-032 (Order 84-05), § 137-57-050, filed 5/14/84
• WSR 82-08-055 (Order 82-06), § 137-57-050, filed 4/5/82.

Wash. Admin. Code § 137-57-060 Public notice, hearing requirements.

(1) After the secretary gives preliminary approval to a site, the department shall either apply for or assist others in applying for any permits which may be required by local zoning laws with respect to the operation of a work/training release facility.

(2) In the event there are no local zoning requirements, or hearing requirements with respect to the operation of a work/training release program on the site which has received the secretary's preliminary approval, the department shall hold a public hearing to encourage citizen input. Notice of such a hearing shall be provided in a manner best designed to notify residents within the immediate area and within the budget limitations of the department.

(3) After the required zoning permits, if any, have been obtained, and after the secretary has considered the comments expressed by members of the public during any zoning process or during the public hearing conducted by the department, the secretary may grant or withhold final approval of the proposed site.

History

• Statutory Authority: RCW 72.65.100. WSR 84-11-032 (Order 84-05), § 137-57-060, filed 5/14/84
• WSR 82-08-055 (Order 82-06), § 137-57-060, filed 4/5/82.

Wash. Admin. Code § 137-57-070 Contract/lease.

Upon final approval by the secretary of a proposed contractor pursuant to WAC 137-57-040 or the proposed site pursuant to WAC 137-57-060 the department shall, by appropriate instruments, obtain the services of the approved contractor or acquire the use of the approved site.

History

• Statutory Authority: RCW 72.65.100. WSR 84-11-032 (Order 84-05), § 137-57-070, filed 5/14/84
• WSR 82-08-055 (Order 82-06), § 137-57-070, filed 4/5/82.

Wash. Admin. Code § 137-57-080 Waiver.

The secretary may waive any provisions of this chapter if he/she deems such waiver to be in the best interest of the department.

History

• Statutory Authority: RCW 72.65.100. WSR 82-08-055 (Order 82-06), § 137-57-080, filed 4/5/82.

Chapter 137-58 Guideline for implementing the State Environmental Policy Act.

Wash. Admin. Code § 137-58-010 Purpose.

(1) The purpose of this chapter is to ensure department compliance with the State Environmental Policy Act, (SEPA), chapter 43.21C RCW, and the regulations promulgated thereto, chapter 197-11 WAC and to set forth department procedures in regards to SEPA requirements.

(2) These rules are supplemental to chapter 43.21C RCW and chapter 197-11 WAC and are not intended to provide a comprehensive description of the SEPA requirements therein listed.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-58-010, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.66.080. WSR 82-07-067 (Order 82-005), § 137-58-010, filed 3/22/82.

Wash. Admin. Code § 137-58-020 Definitions.

The definitions set forth in chapter 197-11 WAC are hereby incorporated by reference into this chapter and should be referred to if necessary.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-58-020, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.66.080. WSR 82-07-067 (Order 82-005), § 137-58-020, filed 3/22/82.

Wash. Admin. Code § 137-58-030 Agency responsibilities.

(1) The secretary or his/her designee shall be responsible for making final decisions regarding threshold determinations, adequacy of draft EISs and adequacy of final EISs where the department is the lead agency.

(2) The department's capital planning and development section shall be responsible for submitting the necessary data set forth in WAC 137-58-040 to the secretary for his/her decision.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-58-030, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.66.080. WSR 82-07-067 (Order 82-005), § 137-58-030, filed 3/22/82.

Wash. Admin. Code § 137-58-040 Responsibilities, capital planning and development.

The department's capital planning and development section shall be responsible for complying with the threshold determination procedures of WAC 197-11-300 through 197-11-390; and shall be responsible for the supervision, or actual preparation of draft EISs pursuant to WAC 197-11-400 through 197-11-495, including the circulation of such statements, and the conduct of any public hearing required by chapter 197-11 WAC. The office of capital programs shall also prepare or supervise the preparation of any required final EIS pursuant to WAC 197-11-550 through 197-11-695.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-58-040, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.66.080. WSR 82-07-067 (Order 82-005), § 137-58-040, filed 3/22/82.

Chapter 137-60 Adult correctional institutions—Release programs—Furlough.

Wash. Admin. Code § 137-60-010 Furlough of person confined in state correctional institution—Definitions.

(1) "Furlough" is an authorized unaccompanied leave of absence for an eligible inmate.

(2) "Furlough plan" is an inmate's statement in his or her application of the purpose, place, dates of duration, and sponsor of a single furlough or series of furloughs.

(3) "Furlough sponsor" is an approved adult who has agreed to assume the responsibilities set forth in WAC 137-60-070.

(4) "Emergency furlough" is a specially expedited furlough granted to an inmate to enable him or her to meet an emergency situation such as the death or critical illness of a member of his or her family.

(5) "Inmate" is a person convicted of a felony and serving a sentence for a term of confinement in a state correctional institution or facility, or a state approved work or training release facility.

(6) "Secretary" is the secretary of the department of corrections or his or her designee.

(7) "Furlough year" begins with the date of the first furlough and ends twelve months from that date. Subsequent furlough years count backward for the twelve month time period.

(8) "Furlough day" is any combination of two twelve-hour time segments.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-010, filed 3/4/82. Formerly WAC 275-93-005.

Wash. Admin. Code § 137-60-020 Furlough of person confined in state correctional institution—Secretary's authority to grant or deny.

(1) The institution superintendent or chief, classification and treatment, may grant or deny a furlough as authorized by chapter 72.66 RCW and subject to the rules in this chapter to an inmate of a state correctional institution, not including inmates of work release facilities.

(2) The supervisor of a work release facility may grant or deny a furlough as authorized by chapter 72.66 RCW and subject to the rules of this chapter to an inmate of a work release facility; provided, however, with respect to such inmates, the granting of a first furlough shall be subject to the prior approval of the community corrections regional administrator if:

(a) There is a dispute between the work release facility supervisor and field staff regarding the granting of the furlough; or

(b) The inmate has two or more convictions for crimes against persons; or

(c) The inmate is confined under a sentence for murder in the first or second degree, manslaughter, negligent homicide, rape in the first or second degree, kidnapping, burglary in the first degree, robbery in the first degree, assault in the first degree, or arson in the first degree.

History

• Statutory Authority: RCW 72.66.080. WSR 85-04-015 (Order 85-02), § 137-60-020, filed 1/28/85
• WSR 82-07-006 (Order 82-04), § 137-60-020, filed 3/4/82. Formerly WAC 275-93-010.

Wash. Admin. Code § 137-60-030 Furlough of person confined in state correctional institution—Purposes.

A furlough may be authorized to enable the inmate:

(1) To meet an emergency situation, such as critical illness, death, emotional crisis, or similar situation experienced by members of his or her family;

(2) To obtain medical care not available in a facility maintained by the department;

(3) To seek employment or training opportunities;

(a) Provided specific job interviews have been arranged for the inmate, or

(b) When the inmate has been approved for work or training release status but his or her job or training placement has not been developed or concluded, or

(c) When necessary to prepare a parole plan for a parole hearing scheduled within one hundred twenty days of the commencement of the furlough;

(4) To make residential plans for parole which require his or her personal appearance in the community;

(5) To care for business affairs in person when the inability to do so could deplete the assets or resources of the inmate so seriously as to affect his or her family or his or her future economic security;

(6) To visit his or her family for the purpose of strengthening or preserving relationships, exercising parental responsibilities, or preventing family division or disintegration;

(7) To accomplish any other purpose deemed to be consistent with plans for rehabilitation of the inmate.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-030, filed 3/4/82. Formerly WAC 275-93-020.

Wash. Admin. Code § 137-60-040 Furlough of person confined in state correctional institution—Who may apply.

(1) Any inmate may apply for a furlough: Provided, That

(a) He or she has minimum custody classification,

(b) His or her minimum term has been fixed by the board of prison terms and paroles,

(c) If he or she has a detainer pending, approval of the detaining agency must be secured. Other jurisdictions with detainers against a Washington state inmate may provide approval on a class of applicants; for example, all those otherwise approved by this state, in lieu of action on individual applications.

(2) Persons convicted of rape in the first degree shall not be eligible to participate in the furlough program at any time during the first three years of confinement.

(3) Persons convicted after July 1, 1981, of murder in the first degree, may not be granted furloughs.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-040, filed 3/4/82. Formerly WAC 275-93-040.

Wash. Admin. Code § 137-60-045 Minimum time served requirement.

A furlough shall not be granted to an inmate if the furlough would commence prior to the time the inmate has served the minimum amounts of time provided under this section and is within two years of his or her minimum term being served;

(1) If his or her minimum term of imprisonment is longer than twelve months, he or she shall have served at least six months of the term;

(2) If his or her minimum term of imprisonment is twelve months or less, he or she shall have served at least ninety days and shall have no longer than six months left to serve on his or her minimum term, or the mandatory term has been waived by the parole board;

(3) If he or she is serving a mandatory minimum term of confinement, he or she shall have served all but the last six months of such term subject to restrictions in WAC 137-60-040 (2) and (3).

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-045, filed 3/4/82.

Wash. Admin. Code § 137-60-050 Furlough of person confined in state correctional institution—Conditions imposed.

(1) The applicant must agree to abide by all terms and conditions of the approved furlough plan. Any violation may be cause for suspension or revocation of the furlough, and possible disciplinary action.

(2) The furlough plan will specify the residence address at which the applicant will reside during the period of furlough and will designate the names and relationships of the persons with whom he or she will live.

(3) Upon arrival at his or her destination the furloughed person will, when so required, report to a state probation and parole officer in accordance with instructions given prior to release on furlough. He or she shall report as frequently as may be required by the state probation and parole officer.

(4) The furloughed person shall abide by all local, state, and federal laws, ordinances, and statutes.

(5) With approval of either the designated state probation and parole officer, or institution staff, the furloughed person may accept temporary employment during a period of furlough. Earnings may be used to defray the costs of the furlough, including transportation, living expenses, family support, and incidental needs.

(6) Furloughed persons may not leave the state at any time while on furlough.

(7) Other limitations on movement within the state may be imposed as a condition of furlough. Unless it is part of the approved travel plan, travel outside the county to which furlough is granted must be approved in advance by the probation and parole officer in that county.

(8) A furloughee shall not drink, ingest, possess, or be under the influence of intoxicating beverages or nonprescribed drugs. All public taverns, bars, liquor stores, and cocktail lounges will be considered "off limits" to furloughees.

(9) A furloughee who drives a motor vehicle must:

(a) Have a valid Washington driver's license in his or her possession;

(b) If unaccompanied by the owner, have the owner's written permission in his or her possession to drive any vehicle not his or her own or his or her spouse's or state-registered domestic partner's;

(c) Have at least minimum personal injury and property damage liability coverage on the vehicle he or she is driving,

(d) Observe all traffic laws.

(10) Clothing issued for use during the furlough is to be returned to the institution at the completion of the furlough.

(11) Other conditions of furlough specific to the individual may be imposed in writing, prior to the inception of the furlough.

(12) All conditions of furlough, general and specific, shall be listed on the furlough order, and shall be discussed with the inmate by his or her counselor before he or she leaves the institution. The furloughee shall carry a copy of the furlough order and furlough identification card, with him or her at all times while on furlough. The furlough identification card will be issued to the inmate prior to departure from the institution, and returned at the end of the furlough.

(13) Willful failure to return from a furlough at the time specified in the furlough order constitutes an escape from confinement which is a violation of criminal law.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-60-060 Furlough of person confined in state correctional institution—Duration.

(1) Furloughs may not exceed thirty days at a given time or a total of sixty days in any twelve-month period. The sixty day total is designed to permit a reasonable pattern of short releases over the course of a year, or an extended period of release for special placement on furlough status in preparation for work release, training release, parole planning, medical treatment not available in a state facility, or a combination of these reasons.

(2) First and second furloughs will not exceed five days absent unusual circumstances.

(3) Emergency furloughs will be limited to forty-eight hours plus travel time absent unusual circumstances.

(4) Any furlough may be extended by the institution superintendent or work/training release supervisor within the maximum time limits set by this section.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-060, filed 3/4/82. Formerly WAC 275-93-060.

Wash. Admin. Code § 137-60-070 Furlough of person confined in state correctional institution—Sponsor's responsibilities.

A furlough plan must designate a sponsor for the inmate while he or she is on furlough. The sponsor must sign a statement agreeing to:

(1) Provide the furloughee with appropriate living quarters for the duration of the furlough,

(2) Notify the institution immediately if the furloughee does not appear as scheduled, departs from the furlough plan at any time, becomes involved in serious difficulty during the furlough, or experiences problems that affect his or her ability to function appropriately,

(3) Assist the furloughee in other appropriate ways, such as discussing problems, providing transportation to job interviews, etc.,

(4) Assure that the furloughee returns to the institution on time.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-070, filed 3/4/82. Formerly WAC 275-93-070.

Wash. Admin. Code § 137-60-080 Furlough of person confined in state correctional institution—Criteria for evaluating application.

(1) An application for furlough shall be considered with respect to:

(a) Consistency with the purposes described in WAC 137-60-030 and 137-60-040, and

(b) Adequacy of the furlough plan, and

(c) Possible risk to the community, and

(d) Findings of a field investigation.

(2) The application shall be evaluated without regard to the race, sex, color, national origin, or creed of the applicant.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-080, filed 3/4/82. Formerly WAC 275-93-080.

Wash. Admin. Code § 137-60-090 Furlough of person confined in state correctional institution—Application for furlough.

(1) An application for furlough must be made on forms prescribed by the secretary, must include a furlough plan, and must be submitted by the inmate to his or her counselor.

(2) An application for furlough, other than an emergency furlough, must be made at least seven weeks prior to the date of the furlough.

(3) Any inmate whose furlough application has been rejected may reapply after such period of time has elapsed as was determined by the superintendent, work/training release supervisor, or chief, classification and treatment, at the time of rejection, such time period being subject to modification by the persons listed in this section.

(4) A furlough plan shall specify in detail the purpose of the furlough and how it is to be achieved, the address at which the applicant would reside, the names of all persons residing at such address and the relationships of such persons to the applicant.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-090, filed 3/4/82. Formerly WAC 275-93-090.

Wash. Admin. Code § 137-60-100 Furlough of person confined in state correctional institution—Notifying inmate of decision on application.

(1) The inmate and his or her sponsor shall both be notified promptly of the disposition of his or her application.

(2) If a furlough is authorized, a copy of the furlough order will be mailed to the sponsor.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-100, filed 3/4/82. Formerly WAC 275-93-100.

Wash. Admin. Code § 137-60-110 Furlough of person confined in state correctional institution—Escape.

The department has the duty, as soon as possible, to notify the state patrol of the escape of a furloughee.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-110, filed 3/4/82. Formerly WAC 275-93-110.

Wash. Admin. Code § 137-60-120 Furlough of person confined in state correctional institution—Revocation or suspension.

(1) Any employee of the department having knowledge of a furlough infraction shall report the facts to the superintendent or work/training release facility supervisor as appropriate. Upon verification, the superintendent or work/training release supervisor will cause the custody of the furloughee to be regained and, for this purpose, may cause a furlough suspension warrant to be issued.

(2) The superintendent or work/training release facility supervisor as appropriate will determine whether to suspend or revoke the furlough. If the furlough is suspended, the superintendent or work/training release supervisor will indicate when and under what circumstances the inmate may reapply.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-120, filed 3/4/82. Formerly WAC 275-93-120.

Wash. Admin. Code § 137-60-130 Furlough of person confined in state correctional institution—Law enforcement officers to be notified.

(1) Appropriate law enforcement agencies will be notified of a planned furlough via the state patrol communications network at least forty-eight hours prior to the beginning of the furlough.

(2) In the event of an emergency furlough, the state patrol will be notified as early as possible but the forty-eight hour requirement will not apply.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-130, filed 3/4/82. Formerly WAC 275-93-130.

Wash. Admin. Code § 137-60-140 Furlough of person confined in state correctional institution—Exceptions to rules.

In emergency situations or as otherwise allowed by statute, the secretary may authorize exceptions to the rules in chapter 137-60 WAC: Provided, That no exception may be made to WAC 137-60-040 (1)(a), (b), (c), (2), and (3), 137-60-045, 137-60-050, 137-60-060, and 137-60-070.

History

• Statutory Authority: RCW 72.66.080. WSR 82-07-006 (Order 82-04), § 137-60-140, filed 3/4/82. Formerly WAC 275-93-140.

Chapter 137-67 Transfer of citizens of foreign countries.

Wash. Admin. Code § 137-67-010 Purpose.

The rules in this chapter establish the process for inmates of adult correctional institutions to apply for transfer to their countries of citizenship or origin in accordance with RCW 43.06.350.

History

• Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-010, filed 9/3/85.

Wash. Admin. Code § 137-67-015 Definitions.

(1) "Department" is the department of corrections.

(2) "Adult correctional institution" and "institution" is a facility identified in RCW 72.01.050(2) and any similar facility hereafter established.

(3) "Secretary" is the secretary of the department of corrections or the secretary's designee.

(4) "Deputy secretary" is the deputy secretary, prisons division, of the Washington state department of corrections or his/her designee.

(5) "Superintendent" is a superintendent of an adult correctional institution or the superintendent's designee.

(6) "Treaty nation" is a country which has entered into a treaty with the United States on the execution of penal sentences.

(7) "Treaty" is a treaty under which an offender, sentenced in the courts of one country, may be transferred to the country of which the offender is a citizen or national, for the purpose of serving the sentence.

(8) "Country of origin or citizenship" is the country in which the inmate was born or in which the inmate has duly recognized citizenship.

(9) "OIA" is the Office of International Affairs, Criminal Division, United States Department of Justice.

(10) "United States" is the United States of America.

(11) "Detainer" is a hold or request for notification placed by any local, state, or federal law enforcement, penal, or prosecutional agency based on untried charges, parole or probation violation, escape, unexpired sentence, bond-jumping, or any other fugitive matter.

History

• Statutory Authority: RCW 72.01.090. WSR 07-12-073, § 137-67-015, filed 6/5/07, effective 7/6/07
• WSR 03-21-088, § 137-67-015, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-015, filed 9/3/85.

Wash. Admin. Code § 137-67-020 Request for transfer.

An inmate committed to the Washington corrections system who is a citizen of a foreign country may make an application for a voluntary transfer to the inmate's country of origin or citizenship, provided the following conditions exist:

(1) The inmate is able to establish citizenship in a treaty nation;

(2) The inmate voluntarily requests the transfer;

(3) There is no unresolved detainer lodged against the inmate;

(4) There is no pending fine or restitution obligation imposed on the inmate by a court of competent jurisdiction in the United States;

(5) There is no pending or actual sentence for civil contempt against the inmate; and

(6) There is no pending appeal or collateral attack on the underlying sentence or sentences which form the basis of the inmate's custody.

History

• Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-020, filed 9/3/85.

Wash. Admin. Code § 137-67-025 Initial notification.

At the time of admission to the Washington corrections center, or the Washington corrections center for women, the orientation information given to all inmates will include information on international offender transfers. An inmate who is a citizen of a treaty nation will be informed of the existing treaty and be provided with the opportunity to indicate an interest or noninterest in a transfer to the inmate's country of origin or citizenship on an application form provided by the department. Whenever possible, the form will be bilingual or translated into the inmate's native language. The application will be processed consistent with the purpose and provisions of the applicable treaty.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-67-025, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-025, filed 9/3/85.

Wash. Admin. Code § 137-67-030 Process for application.

After the inmate's foreign country citizenship has been verified and that country has been identified as a treaty nation, the superintendent will forward the inmate's application for transfer and the verification of citizenship to the deputy secretary. All applications for international transfer will be submitted by the deputy secretary to the secretary for final department approval and recommended to the governor or the governor's designee pursuant to RCW 43.06.350.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-67-030, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-030, filed 9/3/85.

Wash. Admin. Code § 137-67-035 Referral by the secretary to the Office of Enforcement Operations, International Prisoner Transfer Program, Criminal Division, U.S. Department of Justice.

After approval of an inmate's application for transfer by the governor or the governor's designee, the secretary will refer the inmate's application to the International Prisoner Transfer Program (IPTP).

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-67-035, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-035, filed 9/3/85.

Wash. Admin. Code § 137-67-040 Verification hearing.

Following IPTP approval and approval of the treaty country, the inmate will be referred by IPTP to a United States magistrate or a United States district court judge, or other appointed United States official to assure and document the inmate's voluntary request for transfer. Federal authorities will complete the necessary procedures to effect voluntary transfer under the applicable treaty and laws of the United States.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-67-040, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-040, filed 9/3/85.

Wash. Admin. Code § 137-67-045 Return to state custody.

If for any reason an inmate's transfer is determined to be invalid, the state of Washington will reaccept the inmate for imprisonment for the remainder of the inmate's original sentence.

History

• Statutory Authority: RCW 72.68.010. WSR 85-18-061 (Order 85-07), § 137-67-045, filed 9/3/85.

Chapter 137-68 Adult probation and parole—Interstate compact.

Wash. Admin. Code § 137-68-010 Definitions.

(1) "Compact" is the interstate compact for supervision of probationers and parolees as codified in RCW 9.95.270.

(2) "Compact administrator" is the deputy secretary, prisons division, department of corrections, who is responsible for the administration of the interstate compact for the supervision of adult probationers and parolees.

(3) "Deputy compact administrator" is a person appointed by the compact administrator and delegated responsibility for the administration of the interstate compact.

(4) "Sending state" is the state in which the individual was granted probation or parole and in which the jurisdiction of the case is retained.

(5) "Receiving state" is the state providing supervision of the parolee or probationer under the interstate compact.

(6) "Probationer" is a person under jurisdiction of a state superior or circuit court who is being supervised under the compact.

(7) "Parolee" is a person under jurisdiction of a paroling authority who is being supervised under the interstate compact.

(8) "Parole officer" is a state community corrections officer (CCO) employed by the department of corrections.

(9) "Supervising community corrections officer" is a CCO assigned to supervise a probationer or parolee as required by the interstate compact and to act in regard to all matters connected with hearings conducted pursuant to the interstate compact rules.

(10) "Violations specified" are charges and/or allegations made against probationer or parolee by a parole officer in regard to violation of law or failure to comply with the general conditions of probation or parole or special instructions and conditions as set forth by the court of jurisdiction or the paroling authority.

(11) "Preliminary hearing" is a hearing conducted in accordance with RCW 10.88.290.

(12) "Hearing officer" is a person authorized by the compact administrator to hear cases involving alleged violations of conditions of parole or probation. Neither the person making the allegations of violation or his or her direct supervisor shall act as hearing officer.

History

• Statutory Authority: RCW 72.01.090. WSR 07-12-073, § 137-68-010, filed 6/5/07, effective 7/6/07
• WSR 03-21-088, § 137-68-010, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 9.95.270. WSR 83-01-139 (Order 82-20), § 137-68-010, filed 12/22/82. Formerly WAC 275-102-475.

Wash. Admin. Code § 137-68-020 Detained or arrested probationer or parolee—Right to preliminary hearing.

(1) A probationer or parolee being supervised for another state under the interstate compact if detained or arrested within the state of Washington shall have the right as provided in RCW 10.88.290, to a preliminary hearing to determine whether there is probable cause to believe a condition or conditions of probation or parole have been violated and whether there is reason to believe the violations alleged are of such nature that a revocation of probation or parole should be considered by the sending state.

(2) The detained or arrested probationer or parolee may waive his or her right to such hearing in writing.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-68-020, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 9.95.270. WSR 83-01-139 (Order 82-20), § 137-68-020, filed 12/22/82. Formerly WAC 275-102-480.

Wash. Admin. Code § 137-68-030 Preliminary hearing—Preparation.

(1) When a probationer or parolee being supervised in the state of Washington under the compact is detained by a parole officer, the parole officer shall immediately give verbal and written notice to such probationer or parolee of his or her right to a preliminary hearing and shall further notify the probationer or parolee of all rights guaranteed him or her by the rules in this chapter.

(2) Immediately following the detention of a probationer or parolee, the parole officer shall notify the deputy compact administrator of the detention. Arrangements shall promptly be made for the date, time, and place for a hearing so that the hearing may be held within ten days from the date the probationer or parolee is detained by the parole officer.

(3) As soon as possible following detention of a probationer or parolee, the parole officer shall prepare charges or the violations specified and provide the probationer or parolee with a copy of said charges and also notify him or her of the date, time, and place set for the hearing. Upon serving the probationer or parolee with the violations specified, the parole officer shall determine whether the probationer or parolee wishes to waive his or her right to a hearing.

(4) Prior to the hearing, the parole officer shall send to the appropriate deputy compact administrator the signed hearing waiver (if appropriate), the notice of arrest and violations specified and the violation report.

(5) A detained or arrested probationer or parolee shall have the right to consult with any person whose assistance he or she reasonably desires prior to the hearing.

History

• Statutory Authority: RCW 9.95.270. WSR 83-01-139 (Order 82-20), § 137-68-030, filed 12/22/82. Formerly WAC 275-102-485.

Wash. Admin. Code § 137-68-040 Preliminary hearing—Conduct.

(1) The hearing shall be conducted by a hearing officer as defined in WAC 137-68-010(12).

(2) The hearing shall be closed to the public.

(3) The proceedings at the hearing shall be recorded.

(4) The hearing officer shall explain the purpose of the hearing, have the specified charges read aloud, and verify that the procedures specified in WAC 137-68-030 have been followed.

(5) A supervising parole officer shall be present at the hearing, submit the written report of the alleged violations in evidence, and testify as to the violations.

(6) Any person may give testimony relevant to the alleged violation or violations, introduce evidence including affidavits, and question other persons subject to the limitations in subsection (7) of this section.

(7) The detained or arrested probationer or parolee shall have the right to confront and examine any person who may have made allegations or given evidence against him or her unless the hearing officer determines that such a confrontation would present a substantial present or subsequent danger of harm to such person. In such instance a written general summary or the evidence, without disclosure of the identity of the witness, shall be provided to the probationer or parolee at the hearing. He or she shall have the opportunity to submit evidence relevant to or controverting any information contained in the summary.

(8) The hearing may be recessed for time sufficient for the hearing officer to consider the evidence and reach a decision on the issue of probable cause.

(9) The hearing officer shall render this decision on the probable cause based solely on the evidence presented at the hearing.

(10) If probable cause is found the hearing officer may receive additional evidence and argument relevant to recommendations.

History

• Statutory Authority: RCW 9.95.270. WSR 83-01-139 (Order 82-20), § 137-68-040, filed 12/22/82. Formerly WAC 275-102-490.

Wash. Admin. Code § 137-68-050 Preliminary hearing—Disposition of decision.

(1) The hearing officer shall submit a written summary and digest of the hearing to the deputy compact administrator which may include recommendations and reasons therefore.

(2) The deputy compact administrator shall submit the summary and digest to the sending state which may include his or her recommendations.

(3) If the decision is that there is probable cause to believe that the parolee or probationer has committed a violation or violations of a condition or conditions of parole or probation and it appears that retaking or reincarceration by the sending state is likely to follow, the probationer or parolee may be detained by the deputy compact administrator to allow such time as may be necessary to complete the arrangements for his or her return to the sending state.

(4) Should it be the decision of the sending state to return this probationer or parolee, the deputy compact administrator will assist in arranging for his or her return to the sending state.

(5) The record of the hearing shall be retained for not less than one hundred eighty days.

History

• Statutory Authority: RCW 9.95.270. WSR 83-01-139 (Order 82-20), § 137-68-050, filed 12/22/82. Formerly WAC 275-102-495.

Chapter 137-69 Adult offender supervision—Interstate compact.

Wash. Admin. Code § 137-69-010 Definitions.

"Compact" means the interstate compact for adult offender supervision as codified in RCW 9.94A.745.

"Compact administrator" means the administrator in each compacting state responsible for the interstate compact.

"Compact commissioner" means the individual in each compacting state who is appointed under the terms of the interstate compact and who is the state's voting representative at meetings of the interstate commission of adult offender supervision.

"Deputy compact administrator" means the individual in each compacting state responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of the interstate compact.

"Offender" means an individual placed under, or made subject to, supervision as a result of the conviction of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the provisions of the interstate compact.

"Receiving state" means the state to which an offender requests transfer of supervision or is transferred.

"Sending state" means the state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the compact and its rules.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-69-030 Manner and degree of supervision.

Offenders transferred to Washington state under the interstate compact shall be supervised in a manner determined by Washington state and consistent with the supervision of other similar offenders sentenced in Washington state.

History

• Statutory Authority: RCW 72.01.090. WSR 22-19-040, § 137-69-030, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 72.01.090 and chapter 9.94A RCW. WSR 11-16-058, § 137-69-030, filed 7/29/11, effective 8/29/11.

Wash. Admin. Code § 137-69-040 Closing of supervision.

The receiving state may close its supervision of an offender and cease supervision as provided in the interstate compact rules.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Chapter 137-70 Reimbursement for criminal justice costs and contingency plan expenses.

Wash. Admin. Code § 137-70-010 Purpose.

Chapter 72.72 RCW creates an institutional impact account, in the general fund, for the purpose of reimbursing political subdivisions for criminal justice costs they incur directly as a result of crimes committed by adult offenders residing in correctional institutions, and for expenses they incur directly as a result of their providing personnel and material pursuant to a contingency plan. The purpose of these rules is to implement that statute and to set forth the procedures under which these funds will be distributed.

History

• Statutory Authority: RCW 72.72.040. WSR 84-11-033 (Order 84-06), § 137-70-010, filed 5/14/84. Statutory Authority: Chapter 72.72 RCW. WSR 82-17-044 (Order 82-10), § 137-70-010, filed 8/16/82.

Wash. Admin. Code § 137-70-020 Definitions.

As used in this chapter, the following words shall have the following meanings:

(1) "Secretary" shall mean the secretary of the department of corrections or the secretary's designee.

(2) "Deputy secretary" shall mean the deputy secretary of the department, or the deputy secretary's designee.

(3) "Contingency plan" shall mean a plan developed under RCW 72.02.150 by the secretary with representatives of political subdivisions for dealing with disturbances at a state penal facility.

(4) "Department" shall mean the department of corrections.

(5) "Inmate" shall mean an individual sentenced to the custody of the department under state law and an individual transferred to the custody of the department from another state or the federal government.

(6) "Institution" and "penal facility" shall mean any facility identified in RCW 72.01.050(2) and any community residential program under the department's jurisdiction operated pursuant to chapter 72.65 RCW.

(7) "Political subdivision" shall mean any city, town, or county.

(8) "Administrator" shall mean the administrator of the department's contracts and legal affairs section, or the administrator's designee.

(9) All references to the singular shall include the plural unless noted otherwise.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-70-020, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.72.040. WSR 87-03-029 (Order 86-07), § 137-70-020, filed 1/14/87
• WSR 84-11-033 (Order 84-06), § 137-70-020, filed 5/14/84. Statutory Authority: Chapter 72.72 RCW. WSR 82-17-044 (Order 82-10), § 137-70-020, filed 8/16/82.

Wash. Admin. Code § 137-70-030 Eligibility.

(1) Reimbursement for criminal justice costs shall be available to any political subdivision which incurs an incremental cost, reimbursable under this chapter, which is specifically and exclusively attributable to the criminal behavior of an inmate incarcerated in or who has escaped from an institution. For the purposes of this chapter parolees or probationers are deemed to be inmates only if they are assigned to an institution. Reimbursement shall be made only with respect to new crimes and shall not be made for violations of the conditions of parole or probation and the resulting revocation hearings.

(2) Reimbursement for contingency plan expenses, including costs incurred under chapter 41.26 RCW, if such costs are the direct result of physical injury sustained in the implementation of a contingency plan, shall be available to any political subdivision which incurs such expense in providing personnel and/or material, when requested by the secretary or the secretary's designee, to carry out the provisions of a duly adopted contingency plan. Provided, however, reimbursement for costs incurred under chapter 41.26 RCW will not be made:

(a) Unless the physical injury occurs within the walls or other perimeter of the secured area, if the secretary identifies in the contingency plan the prison walls or other perimeter of the secured area; or

(b) Unless the physical injury results from providing assistance requested by the secretary or the secretary's designee which is beyond the description of the assistance contained in the contingency plan, if the secretary does not identify the prison walls or other perimeter of the secured area; or

(c) If the physical injury results from conduct which either is not requested by the secretary or the secretary's designee, or is in violation of orders by superiors of the local law enforcement agency.

History

• Statutory Authority: RCW 72.72.040. WSR 84-11-033 (Order 84-06), § 137-70-030, filed 5/14/84. Statutory Authority: Chapter 72.72 RCW. WSR 82-17-044 (Order 82-10), § 137-70-030, filed 8/16/82.

Wash. Admin. Code § 137-70-040 Reimbursable impacts/rates—Criminal justice costs.

Reimbursement shall be restricted to fully documented law enforcement, prosecutorial, judicial and jail facility costs, as defined herein, at the actual costs of the submitting jurisdiction, not to exceed the following rates:

(1) Law enforcement costs are costs incurred by any political subdivision in apprehending escapees, in investigating crimes committed by state institutional inmates including pretrial investigations within or outside the institution, or in providing security for inmates outside the jail facility. These costs are reimbursable at the following rates: $23.96 per hour.

(2) If an escape or investigation results in the filing of a criminal complaint, the impacted political subdivision shall be entitled to attorney costs associated with the prosecution and/or defense of the filed action. These costs are reimbursable at the following maximum rates: $57.32 per hour.

(3) Reimbursement for judicial costs incurred as a result of the filing of a criminal complaint shall be limited to judges, court reporters, transcript typing or preparation, witness fees and jury fees. These costs are reimbursable at the following maximum rates:

(a) Judges - $57.32 per hour. These costs shall include the services of court clerks and bailiffs.

(b) Court reporters - $24.71 per hour.

(c) Transcript typing services - $4.79 per page.

(d) Expert witnesses - $80.43 per hour.

(e) Witness fees/nonexpert - Jury fees - Reimbursable at the rate established by the local governmental legislative authority up to a maximum of $36.11 per day.

(4) Jail facility costs resulting from the escape or criminal complaint shall be reimbursed at the rates established by OFM.

(5) Coroner - Where an inmate dies as a result of criminal activity of another inmate, coroner costs incurred by a local jurisdiction may be reimbursed up to a maximum amount established by the department as reasonable.

(6) Medical costs - Where an inmate is in the custody of a local jurisdiction as a result of a crime committed while incarcerated in a state institution, extraordinary medical costs, beyond the routine medical services of the jail, may be reimbursed at the discretion of the department. Counties, cities, and towns shall notify the department prior to incurring expenses for extraordinary medical expenses, where practicable, to allow the department an opportunity to provide the necessary medical care directly.

History

• Statutory Authority: RCW 72.01.090, 72.72.040. WSR 06-02-002, § 137-70-040, filed 12/21/05, effective 1/21/06. Statutory Authority: RCW 34.04.025. WSR 89-12-003 (Order 89-04), § 137-70-040, filed 5/25/89. Statutory Authority: RCW 72.72.040. WSR 87-22-064 (Order 87-04), § 137-70-040, filed 11/3/87
• WSR 87-14-044 (Order 87-02), § 137-70-040, filed 6/30/87
• WSR 87-03-029 (Order 86-07), § 137-70-040, filed 1/14/87
• WSR 86-02-053 (Order 85-13), § 137-70-040, filed 12/31/85. Statutory Authority: Chapter 72.72 RCW. WSR 85-12-020 (Order 85-08), § 137-70-040, filed 5/29/85, effective 7/1/85. Statutory Authority: RCW 72.72.040. WSR 84-11-033 (Order 84-06), § 137-70-040, filed 5/14/84. Statutory Authority: Chapter 34.04 RCW. WSR 83-24-058 (Order 83-13), § 137-70-040, filed 12/6/83. Statutory Authority: Chapter 72.72 RCW. WSR 82-17-044 (Order 82-10), § 137-70-040, filed 8/16/82.

Wash. Admin. Code § 137-70-050 Limitation of funds—Criminal justice costs.

Claims for reimbursement under WAC 137-70-040 shall be paid in the order they are received until the legislative appropriation for the biennium is fully expended. If the impact fund is fully expended before the end of the biennium, political subdivisions should continue to submit claims for the purpose of developing future impact account funding requests.

History

• Statutory Authority: RCW 72.72.040. WSR 84-11-033 (Order 84-06), § 137-70-050, filed 5/14/84. Statutory Authority: Chapter 72.72 RCW. WSR 82-17-044 (Order 82-10), § 137-70-050, filed 8/16/82.

Wash. Admin. Code § 137-70-055 Reimbursable impacts—Contingency plan expenses.

Reimbursement shall be restricted to applicants eligible under WAC 137-70-030(2) for fully documented expenses incurred directly as a result of their providing personnel and/or material pursuant to a contingency plan.

History

• Statutory Authority: RCW 72.72.040. WSR 84-11-033 (Order 84-06), § 137-70-055, filed 5/14/84.

Wash. Admin. Code § 137-70-057 Funds—Contingency plan expenses.

Reimbursement under WAC 137-70-055 shall be made solely from the institutional impact account from funds available in that account. If full reimbursement would exceed available funds, the secretary will request the legislature to appropriate sufficient funds to enable the secretary to make full reimbursement, and if so appropriated, the secretary will make such reimbursement.

History

• Statutory Authority: RCW 72.72.040. WSR 84-11-033 (Order 84-06), § 137-70-057, filed 5/14/84.

Wash. Admin. Code § 137-70-060 Billing procedure.

(1) All requests for reimbursement under this chapter must be submitted on a standard Washington State Invoice Voucher Form, A-19, in triplicate, showing the total reimbursement requested, accompanied by a completed request for reimbursement form issued by the department. The vouchers and form should be mailed or delivered to the Department of Corrections, Contracts and Legal Affairs, P.O. Box 41114, Olympia, Washington 98504-1114.

(2) The department may require the requesting political subdivision to submit such other documentation and information the department deems necessary to further support or explain the request.

History

• Statutory Authority: RCW 72.01.090. WSR 07-12-073, § 137-70-060, filed 6/5/07, effective 7/6/07
• WSR 03-21-088, § 137-70-060, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.72.040. WSR 85-07-017 (Order 85-04), § 137-70-060, filed 3/11/85
• WSR 84-11-033 (Order 84-06), § 137-70-060, filed 5/14/84
• WSR 82-17-044 (Order 82-10), § 137-70-060, filed 8/16/82.

Wash. Admin. Code § 137-70-070 Department review.

(1) All requests for reimbursement shall be reviewed by the administrator.

(2) The administrator shall approve or disapprove the requests for payment. If a request is disapproved in total or in part, the administrator shall notify the requesting political subdivision in writing, setting forth the reasons for disapproval.

(3) The administrator's decision shall be final unless appealed to the department's impact appeals panel within twenty days after a political subdivision receives notice of disapproval. The impact appeals panel shall be composed of the deputy secretary, prisons division and the deputy secretary, administrative services division, or his/her designee.

(4) An appeal from the administrator's decision disapproving a political subdivision's request for reimbursement must be in writing and must set forth the reasons why the political subdivision believes its request should be approved. The appeal shall be addressed to the Impact Appeals Panel, Department of Corrections, P.O. Box 41114, Olympia, WA 98504-1114, attention: Contracts and Legal Affairs.

(5) The decision of the impact appeals panel shall be deemed to be the department's final administrative action with respect to the appeal.

History

• Statutory Authority: RCW 72.01.090. WSR 07-12-073, § 137-70-070, filed 6/5/07, effective 7/6/07
• WSR 03-21-088, § 137-70-070, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.72.040. WSR 87-03-029 (Order 86-07), § 137-70-070, filed 1/14/87
• WSR 85-07-017 (Order 85-04), § 137-70-070, filed 3/11/85
• WSR 84-11-033 (Order 84-06), § 137-70-070, filed 5/14/84
• WSR 82-17-044 (Order 82-10), § 137-70-070, filed 8/16/82.

Wash. Admin. Code § 137-70-080 Implied consent to audit.

By submitting requests for reimbursement, the requesting political subdivision agrees to:

(1) Maintain records which would support the request made for a period five years after the date of such request; and

(2) Make such records available for review and/or audit by the department if requested by the secretary or the secretary's designee.

History

• Statutory Authority: RCW 72.72.040. WSR 84-11-033 (Order 84-06), § 137-70-080, filed 5/14/84. Statutory Authority: Chapter 72.72 RCW. WSR 82-17-044 (Order 82-10), § 137-70-080, filed 8/16/82.

Chapter 137-75 Jail and medical cost reimbursement to cities and counties.

Wash. Admin. Code § 137-75-010 Purpose.

Chapter 70.48 RCW as amended by chapter 235, Laws of 1984, imposes certain financial responsibility on the department of corrections for certain persons imprisoned in a city or county jail. The purpose of these rules is to establish procedures by which the department of corrections will discharge said financial responsibility.

History

• Statutory Authority: RCW 72.01.090 and 1984 c 235. WSR 84-15-053 (Order 84-09), § 137-75-010, filed 7/17/84, effective 9/2/84.

Wash. Admin. Code § 137-75-020 Definitions.

As used in this chapter, the following words shall have the following meanings:

(1) "Secretary" shall mean the secretary of the department of corrections or the secretary's designee;

(2) "Department" shall mean the department of corrections;

(3) "Deputy secretary" shall mean the deputy secretary, prisons division or his/her designee.

(4) "Institution" shall mean a facility designated in RCW 72.01.050(2), any similar facility hereafter established, and a work release facility;

(5) "Work release facility" shall mean a community residence operated pursuant to chapter 72.65 RCW;

(6) "Jail" shall mean a city or county holding facility as defined in RCW 70.48.020(1);

(7) "Parole hold" shall mean a detention of a person pursuant to an order of parole suspension or revocation issued in accordance with RCW 9.95.120;

(8) All references to the singular shall include the plural, unless otherwise noted.

History

• Statutory Authority: RCW 72.01.090. WSR 07-12-073, § 137-75-020, filed 6/5/07, effective 7/6/07
• WSR 03-21-088, § 137-75-020, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.01.090 and 1984 c 235. WSR 84-15-053 (Order 84-09), § 137-75-020, filed 7/17/84, effective 9/2/84.

Wash. Admin. Code § 137-75-030 Department financial responsibility.

(1) The financial responsibility of the department under this chapter shall be limited to reimbursing cities and counties for the costs and at the rates set forth in chapter 235, Laws of 1984 or any amendment thereto hereafter enacted.

(2) The financial responsibility of the department for a person convicted of a felony as defined by RCW 9A.04.040 and committed to the care and custody of the department, but detained in a jail after June 30, 1984, shall begin upon the eighth day, excluding Saturdays, Sundays, and holidays, following the sentencing of such person for the felony and notification to the department by the city or county that such person is available for movement to an institution, and shall terminate at midnight of the day immediately preceding the day of release of such person from detention. Provided, however, if such person is detained in the jail beyond such eight-day period pursuant to an order of a superior court, the financial responsibility of the department shall not begin until the expiration of the period ordered by the court, and shall terminate at midnight of the day immediately preceding the day of release of such person from detention. The notification required hereunder is to be given by telephone or teletype to the supervisor of the reception center at the Washington Corrections Center, Shelton, Washington.

(3) The financial responsibility of the department for a person detained in a jail solely by reason of a parole hold after June 30, 1984, shall begin upon the sixteenth day following the commencement of such detention, and shall terminate at midnight of the day immediately preceding the day of release of such person from detention. Provided, however, the department shall have no such financial responsibility if a felony charge is filed against a person so detained.

(4) The financial responsibility of the department for an inmate, as defined in RCW 72.09.020, who resides in a work release facility and who is detained in a jail after June 30, 1984, shall begin when such detention commences, and shall terminate at midnight of the day immediately preceding the day of release of such inmate from detention.

History

• Statutory Authority: RCW 70.48.450. WSR 87-14-045 (Order 87-03), § 137-75-030, filed 6/30/87. Statutory Authority: RCW 72.01.090 and 1984 c 235. WSR 84-15-053 (Order 84-09), § 137-75-030, filed 7/17/84, effective 9/2/84.

Wash. Admin. Code § 137-75-040 Extraordinary emergency medical treatment.

(1) The department shall reimburse a city or county the actual cost of extraordinary emergency medical treatment provided to a person for whom the department is financially responsible.

(2) If a person for whom the department is financially responsible requires extraordinary and emergency medical treatment, the department is to be notified by a competent medical authority of the nature and course of such treatment as far in advance as practical. The department will then authorize such treatment or advise of alternative means by which such treatment may be provided. If it is not practical to give such notice prior to such treatment, notice will be given to the department as soon as practical after such treatment has been given.

(3) The notice required shall be given to the deputy secretary.

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-75-040, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.01.090 and 1984 c 235. WSR 84-15-053 (Order 84-09), § 137-75-040, filed 7/17/84, effective 9/2/84.

Wash. Admin. Code § 137-75-050 Request for reimbursement.

(1) A city or county requesting reimbursement under this chapter shall complete a form supplied by the department and file it with the Administrator, Contracts and Legal Affairs, P.O. Box 41114, Olympia, WA 98504-1114, who will confirm the accuracy of the information submitted with the request and determine whether the amount requested is properly reimbursable under chapter 70.48 RCW and this chapter.

(2) All such requests must be filed within thirty days after the costs for which reimbursement is requested were incurred. Provided, however, with respect to such costs incurred in the month of June in odd-numbered years, such requests must be filed no later than ten days after the close of the state fiscal biennium (June 30).

History

• Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-75-050, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 70.48.450. WSR 87-14-045 (Order 87-03), § 137-75-050, filed 6/30/87. Statutory Authority: RCW 72.01.090 and 1984 c 235. WSR 84-15-053 (Order 84-09), § 137-75-050, filed 7/17/84, effective 9/2/84.

Wash. Admin. Code § 137-75-060 Implied consent to audit.

By submitting a request for reimbursement under this chapter, the requesting city or county agrees to maintain for a period of five years after the date of the request records which would support such request, and to make such records available for review or audit by the department.

History

• Statutory Authority: RCW 72.01.090 and 1984 c 235. WSR 84-15-053 (Order 84-09), § 137-75-060, filed 7/17/84, effective 9/2/84.

Chapter 137-78 Employee assault benefits.

Wash. Admin. Code § 137-78-010 Definitions.

For the purposes of this chapter the following words shall have the following meanings:

(1) "Assault" means an unauthorized touching, including spitting and/or throwing a substance/object, striking, cutting, or shooting by an offender resulting in physical injury to an employee.

(2) "Assault benefits" means reimbursement to employees of some of their costs attributable to being the victim of an offender assault.

(3) "Assistant secretary" means the executive head of one of the department's organizational divisions.

(4) "Department" means the department of corrections.

(5) "Employee" means any individual who is appointed by the secretary, and who serves under the supervision and authority of the department. The term "employee" shall not include an individual performing personal services under contract or offenders.

(6) "Deputy secretary" is the deputy secretary for the department or his/her designee.

(7) "Doctor" means a person licensed to practice one or more of the following professions: Medicine and surgery; osteopathic; chiropractic; drugless therapeutics; podiatry; dentistry; optometry.

(8) "Offender" means any person in the custody of or subject to the jurisdiction of the department of corrections.

(9) "Secretary" means the secretary of the department of corrections or the secretary's designee.

History

• Statutory Authority: RCW 72.01.090. WSR 09-15-198, § 137-78-010, filed 7/22/09, effective 8/22/09
• WSR 03-21-088, § 137-78-010, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. WSR 89-15-059 (Order 89-05), § 137-78-010, filed 7/19/89, effective 8/19/89.

Wash. Admin. Code § 137-78-020 Eligibility.

Employees who apply to the department may be eligible for assault benefits if the department finds that each of the following has occurred:

(1) An offender has assaulted the employee and as a result thereof the employee has sustained injuries which have required the employee to miss one or more days of work;

(2) The assault is not attributable to any extent to the employee's negligence, misconduct, or failure to comply with any rules or conditions of employment;

(3) The assault occurred while the employee was in the performance of his/her official duties; and

(4) The employee has made application for compensation under Title 51 RCW and the claim has been approved for an injury related to the assault.

History

• Statutory Authority: RCW 72.01.090. WSR 09-15-198, § 137-78-020, filed 7/22/09, effective 8/22/09. Statutory Authority: RCW 72.13.170. WSR 89-15-059 (Order 89-05), § 137-78-020, filed 7/19/89, effective 8/19/89.

Wash. Admin. Code § 137-78-030 Application process.

Employees who meet the eligibility requirements of WAC 137-78-020 and elect to apply for assault benefits shall submit a signed application for assault benefits, a properly completed report of accident/injury and a copy of his or her L&I Report of Industrial Injury or Occupational Disease form (F242-130-000), to his or her locally designated representative or human resource office within sixty working days of the occurrence of the assault or, if the application could not be reasonably submitted within that period, within sixty working days of the time when application could reasonably have been made. Applications shall be reviewed through the employee's chain of command. The department shall grant or deny the request for assault benefits within thirty working days after receipt of the completed application, but may extend that time to gather additional information. A completed application shall include information that the department of labor and industries has approved the employee's claim for benefits related to the assault.

History

• Statutory Authority: RCW 72.01.090. WSR 09-15-198, § 137-78-030, filed 7/22/09, effective 8/22/09
• WSR 03-21-088, § 137-78-030, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. WSR 89-15-059 (Order 89-05), § 137-78-030, filed 7/19/89, effective 8/19/89.

Wash. Admin. Code § 137-78-040 Conditions of reimbursement.

(1) Assault benefits authorized by the department under this chapter shall not continue longer than the date of termination of time loss benefits by the department of labor and industries or three hundred sixty-five consecutive days from the date of the injury, whichever date is earlier, and shall be limited to the following:

(a) For each workday missed due to assault for which the employee is not eligible to receive compensation under chapter 51.32 RCW, the employee shall receive full pay pursuant to RCW 72.09.240 and this chapter; and

(b) In respect to workdays missed due to assault for which the employee shall be reimbursed compensation under chapter 51.32 RCW, the employee shall receive full pay, less any industrial insurance payments for time loss during the period in which assault benefits are received.

(2) As the intent of this chapter is to reimburse the employee the difference of salary compensation paid by the department of labor and industries and the full pay the employee would have received but for the time loss from the injury sustained as a result of an inmate assault, the employee shall not be entitled to receive greater than one hundred percent of his or her base salary as a result of payments by the department of labor and industries and the department unless such overpayment is the result of the employee's election to use accumulated annual leave, holiday leave, compensatory time off, or exchange time.

(3) Employees granted assault benefits shall accrue full annual leave, sick leave, and insurance benefits during the time period they are approved to receive assault benefits.

(4)(a) Employees applying to the department for assault benefits may elect to use accrued sick leave until such application is approved or denied, provided that the employee shall return any subsequent overpayment to the department.

(b) The employee's accumulated sick leave hours shall not be reduced for the workdays missed due to the assault, provided that the employee has returned any overpayments to the department.

(c) If the employee fails to return any overpayments to the department, sick leave hours charged to an employee who receives worker's compensation as a result of the time loss and assault benefits shall be proportionate to the overpayment by the department during the claim period.

(5) The employee shall not be entitled to assault benefits provided in this section for any workday for which the department finds the employee has not diligently pursued his or her compensation remedies under chapter 51.32 RCW.

(6) While the employee is receiving assault benefits authorized under this chapter, the employee shall continue to be classified as a state employee and receive full service credit.

(7) The employee shall be entitled to assault benefits only for absences that the department believes are justified.

(8) No employee eligible to receive or receiving benefits under this chapter shall be entitled to continue to receive benefits should the legislature revoke the reimbursement authorized under this chapter.

History

• Statutory Authority: RCW 72.01.090. WSR 09-15-198, § 137-78-040, filed 7/22/09, effective 8/22/09. Statutory Authority: RCW 72.13.170. WSR 89-15-059 (Order 89-05), § 137-78-040, filed 7/19/89, effective 8/19/89.

Wash. Admin. Code § 137-78-050 Medical reports.

The employee shall, at the request and sole expense of the department, submit to an independent medical examination by a licensed physician or other licensed health care provider designated by the department to determine whether the employee may continue to receive assault benefits.

History

• Statutory Authority: RCW 72.13.170. WSR 89-15-059 (Order 89-05), § 137-78-050, filed 7/19/89, effective 8/19/89.

Wash. Admin. Code § 137-78-060 Denial of application for assault benefits.

If the employee's request for assault benefits is denied by the department, the employee may, within ten working days from the date of denial, file a petition for reconsideration, stating the specific grounds upon which the application should be granted. The department shall respond within twenty working days from the date the petition was received; provided that the time may be extended to gather additional information.

History

• Statutory Authority: RCW 72.01.090. WSR 09-15-198, § 137-78-060, filed 7/22/09, effective 8/22/09
• WSR 03-21-088, § 137-78-060, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. WSR 89-15-059 (Order 89-05), § 137-78-060, filed 7/19/89, effective 8/19/89.

Wash. Admin. Code § 137-78-070 Overpayment disputes.

If a dispute exists between the employee and department concerning the amount of any overpayment to be repaid the department, the employee may request a hearing in accordance with chapter 34.05 RCW and this section. The employee shall file a written petition with the Deputy Secretary at P.O. Box 41101, Olympia, Washington 98504-1101, within thirty days after the dispute arises.

History

• Statutory Authority: RCW 72.01.090. WSR 09-15-198, § 137-78-070, filed 7/22/09, effective 8/22/09
• WSR 03-21-088, § 137-78-070, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. WSR 89-15-059 (Order 89-05), § 137-78-070, filed 7/19/89, effective 8/19/89.

Chapter 137-79 Sexual misconduct by state employees, contractors.

Wash. Admin. Code § 137-79-010 Purpose.

The purpose of this chapter is to specify penalties for contractors and employees of the department who engage in sexual intercourse or sexual contact with inmates.

History

• Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, § 137-79-010, filed 10/24/07, effective 11/24/07.

Wash. Admin. Code § 137-79-020 Definitions.

As used in this chapter, the following items shall have the following meanings:

(1) "Secretary" shall mean the secretary of the department of corrections.

(2) "Department" shall mean the department of corrections.

(3) "Inmate" shall mean a person committed to the custody or under the supervision of the department, including but not limited to persons residing in a correctional institution or facility and persons released on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.

(4) "Sexual intercourse":

(a) Has its ordinary meaning and occurs upon any penetration, however slight; and

(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and

(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(5) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

(6) "Contractor" includes all subcontractors of a contractor.

(7) "Suspend" shall mean placing the employee on home assignment with pay.

History

• Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, § 137-79-020, filed 10/24/07, effective 11/24/07.

Wash. Admin. Code § 137-79-030 Sexual contact prohibited.

Sexual intercourse or sexual contact between an employee of the department or an employee of a department contractor and an inmate is strictly prohibited, provided that the termination provisions of this chapter shall not be invoked if the sexual intercourse or sexual contact is against the employed person's will.

History

• Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, § 137-79-030, filed 10/24/07, effective 11/24/07.

Wash. Admin. Code § 137-79-040 Sanctions.

(1) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between an employee and an inmate has occurred, notwithstanding any rule adopted under chapter 41.06 RCW the secretary shall immediately suspend the employee.

(2) The secretary shall immediately institute proceedings to terminate the employment of any person:

(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the inmate; or

(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an inmate.

(3) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an inmate has occurred, the secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any inmate.

(4) The secretary shall disqualify for employment with a contractor in any position with access to an inmate, any person:

(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the inmate; or

(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an inmate.

(5) The secretary, when considering the renewal of a contract with a contractor with whom the secretary has taken action under subsection (3) or (4) of this section, shall require the contractor to demonstrate that there has been significant progress made in reducing the likelihood that any of its employees will have sexual intercourse or sexual contact with an inmate. The secretary shall examine whether the contractor has taken steps to improve hiring, training, and monitoring practices and whether the employee remains with the contractor. The secretary shall not renew a contract unless he or she determines that significant progress has been made.

(6) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for misconduct.

History

• Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, § 137-79-040, filed 10/24/07, effective 11/24/07.

Wash. Admin. Code § 137-79-050 Release of records.

(1) The department may, within its discretion or upon request of any member of the public, release information to an individual or to the public regarding any person or contract terminated under this section.

(2) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the public.

(3) Except as provided in chapter 42.56 RCW, or elsewhere, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section. Nothing in this section implies that information regarding persons designated in subsection (2) of this section is confidential except as may otherwise be provided by law.

History

• Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, § 137-79-050, filed 10/24/07, effective 11/24/07.

Wash. Admin. Code § 137-79-060 Hearing procedure.

Hearings under this chapter shall follow the disciplinary hearing processes referenced in the collective bargaining agreement (CBA) applicable to the employee or in Title 357 WAC if the employee is not represented.

History

• Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, § 137-79-060, filed 10/24/07, effective 11/24/07.

Chapter 137-80 Correctional industries and programs.

Wash. Admin. Code § 137-80-010 Purpose.

(1) These rules and regulations are adopted pursuant to and in accordance with chapter 34.05 RCW. The purpose is to provide standards and procedures necessary to ensure the implementation of a comprehensive work program. (See RCW 72.09.015(32).) The headings and captions for the above classes are used for convenience only and do not constitute a part hereof. The use of the term "class" to identify a work program does not restrict the department to a singular description of a work program within that class or the use of other work programs authorized by separate statute.

(2) The secretary may adopt policies providing further guidance for establishing, among other things, worker participation eligibility and security requirements for each class of work program. The secretary may pilot temporary changes to correctional industries' Class IV and V work crew programs for the preservation of public health, safety or general welfare and in response to other community service needs that also promote public health, safety and general welfare. The benefits of such changes will be assessed through a limited number of work crew agreements that may not be subject to all of the current provisions of this chapter.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-010, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-010, filed 9/24/15, effective 1/1/16. Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-80-010, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.09.050 and chapter 34.04 RCW. WSR 82-18-042 (Order 82-11), § 137-80-010, filed 8/27/82.

Wash. Admin. Code § 137-80-020 Definitions.

(1) "Community custody" means that portion of an individual's sentence of confinement in lieu of earned release time, or imposed as part of a sentence, and served in the community subject to controls placed on the individual's movement and activities by the department. (See RCW 9.94A.030.)

(2) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by an individual under the jurisdiction of the department.

(3) "Community supervision" means a period of time during which an individual convicted of a crime, is living in the community under the jurisdiction of the department, and is subject to crime-related prohibitions and other sentence conditions imposed by a court. (See RCW 9.94B.020(2).)

(4) "Community work crew" means a crew comprised of incarcerated individuals who, with correctional officer supervision, leave prison to go into the community to provide services to eligible recipients. Community work crew services are Class IV services.

(5) "Contracting entity" means an eligible for-profit corporation, an eligible nonprofit corporation, or a public agency, as these terms are defined herein.

(6) "Correctional facility" means a facility, prison, or institution operated directly, or by contract, by the secretary for the purposes of incarcerating adults in total or partial confinement, as defined in RCW 9.94A.030.

(7) "Correctional industries advisory committee" or "committee" means the committee created under RCW 72.09.070 to make recommendations to the secretary regarding the implementation of RCW 72.09.100.

(8) "Crew supervisor" means a department or other public agency employee who provides security and custody supervision of workers and coordinates worker transportation to work locations.

(9) "Department" means the department of corrections.

(10) "DOSH" means the division of occupational safety and health, the part of the Washington state department of labor and industries (L&I) that develops and enforces safety and health rules.

(11) "For-profit corporation" means a corporation of two or more persons having a joint or common economic interest and is engaged in any lawful business under RCW 23B.03.010.

(12) "Goodwill services" means a type of Class IV (prisons) or Class V (community corrections) work, the cost of which is paid for by the department of corrections and the criteria for which is determined by the secretary or designee.

(13) "Gratuity" means a sum of money paid to an incarcerated individual, in accordance with an hourly rate scale approved by the secretary or designee, when the individual works in an eligible class industry.

(14) "Incarcerated individual" (formerly "offender") means an individual committed to the custody of the department including, but not limited to, individuals residing in a correctional institution or facility and individuals released from such facility on furlough, work release, or community custody, and individuals received from another state, state agency, county, or federal jurisdiction. (See RCW 72.09.015(17).)

(15) "Master agreement" means the main, multiyear agreement between the department and the recipient containing the terms and conditions for the provision of work crew services.

(16) "Not-for-profit corporation" or "nonprofit corporation" means a corporation or organization, certified by the federal Internal Revenue Service as such and for which no part of its income is distributable to its members, directors, or officers.

(17) "Program director (director)" means the correctional industries program administrator appointed by the secretary.

(18) "Project Matrix" means the Class IV and Class V charts developed by the department that contain the types of services, grouped into Levels 1, 2, and 3 based upon risk and difficulty, that can be provided to eligible recipients.

(19) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state. (See RCW 39.34.020(1).)

(20) "Public charity" means an organization, usually nonprofit, that holds federal 501(c)(3) tax exempt status. Public charities are generally recognized as those organizations with broad based public support and active programs, for example, houses of worship, benevolence organizations, animal welfare agencies, and educational organizations.

(21) "Recipient of the services" or "recipient" means an eligible nonprofit corporation, an eligible for-profit corporation, or a public agency, as these terms are defined herein, eligible to receive one or more types of work crew services.

(22) "Secretary" means the secretary of the department of corrections or his or her designee.

(23) "Service agreement" means the written and fully signed agreement required between a prison or community corrections location and a recipient, that is necessary before workers may perform goodwill services for the recipient.

(24) "Social welfare organization" means a civic 501(c)(4) organization, considered by the federal IRS to be operated exclusively for the promotion of social welfare, that is primarily engaged in actively promoting the common good in ways related to the organization's purpose.

(25) "Worker" means an individual under department jurisdiction who is incarcerated, in work release, or under community supervision or community custody who performs work crew services for eligible recipients.

(26) "Work location" means the location where workers perform the services or create the products requested by the recipient or contracting entity and over which such entity has the right of access or control.

(27) "Work program" means a comprehensive work program designed to provide individuals under department jurisdiction with work skills, work experience, and exposure to the work ethic.

(28) "Work project description" means a localized agreement, for up to one year, that operates under a Class IV or Class V master agreement to detail the responsibilities of the recipient and the community or community restitution work crew for each distinct work project.

(29) "Work release" means a program of partial confinement in which eligible individuals under department jurisdiction are employed or engaged as students in a regular course of study at school.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-020, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-020, filed 9/24/15, effective 1/1/16. Statutory Authority: RCW 72.01.090. WSR 07-12-073, § 137-80-020, filed 6/5/07, effective 7/6/07
• WSR 03-21-088, § 137-80-020, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.09.050 and chapter 34.04 RCW. WSR 82-18-042 (Order 82-11), § 137-80-020, filed 8/27/82.

Wash. Admin. Code § 137-80-030 Establishment of work programs.

In order to provide a comprehensive work program the department, in following the recommendation of the legislature, has adopted the following classes of work programs and made variations thereof:

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-030, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-030, filed 9/24/15, effective 1/1/16. Statutory Authority: RCW 72.09.050 and chapter 34.04 RCW. WSR 82-18-042 (Order 82-11), § 137-80-030, filed 8/27/82.

Wash. Admin. Code § 137-80-031 Class I: Free venture industries.

(1) The employer model industries in this class shall be operated and managed in total or in part by any for-profit or nonprofit corporation pursuant to an agreement between the corporation and the department. The corporation shall produce goods or services for sale to both the public and private sector.

(2) The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers.

(3) The department shall review these proposed industries, including any potential new Class I industries work program or the significant expansion of an existing Class I industries work program, before the department contracts to provide such products or services. The review shall include the analysis required under RCW 72.09.115 to determine if the proposed correctional industries work program will compete with any Washington business. An agreement for a new Class I correctional industries work program, or an agreement for a significant expansion of an existing Class I correctional industries work program, that unfairly competes with any Washington business is prohibited.

(4) The department shall supply appropriate security and custody services without charge to the participating firms.

(5) Incarcerated individuals who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the program director of correctional industries. If the program director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

(6) An incarcerated individual who is employed in the Class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-031, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-031, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-032 Class II: Tax reduction industries.

(1) The department may establish Class II industry work programs that are closely patterned after private sector industries but are designed primarily to reduce the cost of goods and services. Goods produced and services provided by Class II work programs shall be provided at a reduced cost and only be available to the department, other tax-supported agencies and nonprofit corporations.

(a) The industries selected for development within this class shall, as much as possible, match the available pool of worker skills and aptitudes with the work opportunities in the free community. Incarcerated individuals working in Class II work programs do so of their own free choice.

(b) Except as provided in RCW 39.26.251 and this section, the products and services of this class, including purchased products and services necessary for a complete product line, may be sold by the department to the following:

(i) Public agencies;

(ii) Nonprofit corporations;

(iii) Private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit corporation;

(iv) An employee and immediate family members of an employee of the department;

(v) An individual under the supervision of the department and his or her immediate family members; and

(vi) A licensed health professional for the sole purpose of providing eyeglasses to enrollees of the state medical program at no more than the health professional's cost of acquisition.

(c) The secretary may issue guidance governing the type and quantity of items that may be purchased for other than resale purpose and sold under (b)(iv) and (v) of this subsection.

(d) Clothing manufactured by an industry in this class may be donated to public benefit nonprofit corporations that provide clothing free of charge to low-income persons, but under no circumstance shall uniforms to be worn by correctional officers employed with the department be made or assembled by workers under the custody of the department.

(2) Security and custody services shall be provided at state expense by the department.

(3) The department may establish Class II work programs operated and managed in partnership with a public benefit nonprofit corporation pursuant to a contract between the corporation and the department to provide goods and/or services. The work programs may provide job training to incarcerated individuals and may allow those who have successfully completed a public benefit nonprofit corporation's job training program to request work assignment to the work program.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-032, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-032, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-033 Class III: Institutional work programs.

(1) Class III work programs are operated by the department to support internal prison operation and maintenance needs and if possible, offset tax and other public support costs. Incarcerated individuals are assigned to Class III work programs.

(2) A contract is not required for Class III programs.

(3) Each prison will determine its own Class III work programs.

(4) Whenever possible, Class III programs will provide forty hours per week of basic work, or work training and experience, to help participants to qualify for better prison work programs and/or work in the community upon release.

(5) With approval of the secretary, a facility may, by written contract, partner with a public benefit nonprofit corporation to provide job specific training and work to incarcerated individuals within the prison. Work performed must be designed to produce goods or services for public agencies and/or public benefit nonprofit corporations at a reduced cost.

After completion of training, individuals may request assignment to the Class III program in the prison in which they received job specific training. Individuals assigned to such Class III programs may be required by the program to fulfill occasional job related work requirements outside of the prison. Individuals approved for such occasional off-site Class III work will be:

(a) Approved, in advance, by the prison superintendent or designee, to leave the prison grounds;

(b) Escorted by, and under the supervision of, a correctional officer at all times;

(c) Required to return to the prison the same day. Overnight absences will not be permitted; and

(d) Covered by the department offender health plan in the event of illness or injury while away from the prison.

(6) The department will:

(a) Screen and select individuals in Class III programs based upon eligibility criteria developed by the department;

(b) At state expense, provide the management, work supervision, security and custody services required for all Class III programs; and

(c) Compensate individuals for Class III work:

(i) In accordance with a payment scale established by the department for Class III work; and

(ii) At the same rates across all prisons for work that utilizes the same or similar job descriptions.

(7) Incarcerated individuals working in Class III work programs are not eligible for industrial insurance benefits. (See RCW 72.60.102.)

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-033, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-033, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-034 Class IV: Community work crews.

Incarcerated individuals in Class IV work status reside in facilities contracted for, owned or licensed by the department, and participate in programs that have both education and work components.

(1) Class IV services may be provided to both 501(c)(3) public charity and 501(c)(4) social welfare nonprofit organizations and to public agencies. Two types of Class IV services are available. The first or standard type (standard), will constitute the majority of Class IV work and is paid for by the recipient of the services. The second type of Class IV service, a "goodwill service," is paid for by the department.

(2) Class IV services may be initiated by the department or provided at the request of an eligible recipient. Allowable Class IV services are limited to those included in the Class IV Project Matrix, as now existing or hereafter revised.

(3) Class IV services are performed in the community, generally in the county in which the facility is located.

(4) Incarcerated individuals who perform Class IV work will be compensated at gratuity rates specifically established for the type of work performed. Class IV gratuity rates will be established by the department and contained in the Class IV Project Matrix as now existing or hereafter revised.

(5) Class IV services do not require skilled labor, are not performed on private property, unless owned or operated by an eligible nonprofit corporation, and have minimal negative impact on existing private industries or the labor force in the county where the service is provided.

(6) For standard Class IV services:

(a) The department requires:

(i) A master agreement, written with program input in the department's office of contracts and legal affairs and signed by the department secretary or contracts administrator and an authorized representative of the recipient;

(ii) A work project description that is signed by the authorized representative of each party. The work project description operates under the master agreement to detail the responsibilities of each party for each project. Work may not begin until both a fully signed master agreement and a work project description for the particular project are signed by the parties.

(b) The recipient of work crew services will:

(i) Not request work determined by the department to be unsafe and thus included on its Class IV prohibited work list as now existing or hereafter revised;

(ii) Provide workers with relevant job specific and location specific safety training as well as instruction in the use of any specialized equipment necessary for the particular work;

(iii) Provide all workers with any specialized personal protective equipment (PPE) necessary for the particular work;

(iv) Pay the department's invoiced charges including, but not limited to:

(A) The cost of all workers' compensation premiums payable by the department to L&I on the recipient's behalf;

(B) Worker gratuities at the rate specified in the Class IV Project Matrix for the specific services provided;

(C) Mileage at the then current state mileage rate, for transporting workers to and from the work location;

(D) The salary and benefits of any additional correctional officer(s), needed by the department at the work location.

(c) The department will:

(i) Provide one correctional officer to supervise workers for safety and security;

(ii) Pay workers' compensation premiums directly to L&I on behalf of the recipient, at the rates assigned to the department by L&I;

(iii) Provide an invoice to the recipient monthly for all costs incurred during the previous month.

(d) Supervision of the work:

(i) For Level 1 and 2 projects. At the recipient's request, the department will supervise workers to complete the requested work. Depending upon the project scope and working conditions, DOC at its own discretion, may determine that additional officers are necessary at the work location. DOC may also collaborate with the recipient to determine whether constant and continuous or periodic on-site supervision of the work is required.

(ii) For Level 3 projects, which are more complex and may involve additional risk, the recipient will supervise workers to completion of the requested work. The recipient will determine, whether constant and continuous or periodic on-site supervision of the work is required.

(7) For Class IV goodwill services:

(a) The secretary or designee will determine the goodwill criteria.

(b) The goodwill criteria, applications and service agreements will be available at prison facilities for distribution to eligible nonprofit recipients. Those recipients will sign and submit their completed applications to the facility from which services, if approved, will be provided.

(c) Every facility will:

(i) Assess applications based upon the Class IV goodwill services criteria developed by the department;

(ii) Have all approved goodwill service agreements signed by the prison superintendent or designee and the recipient's authorized representative before starting any work;

(iii) Email a copy of each signed goodwill service agreement to the department's office of contracts and legal affairs within two calendar days after signature by the second of both parties; and

(iv) Pay all costs associated with approved goodwill services including worker gratuities and workers' compensation premiums. Recipients will not reimburse the department for such costs.

(d) For goodwill services a facility may, at its own discretion conduct the advance hazardous conditions and/or materials inspection itself or waive the requirement. Any waiver of the requirement will be based upon facility experience with the work location or the work to be performed.

(8) For all Class IV services:

(a) The department will:

(i) Screen and select the workers based upon eligibility criteria developed by the department;

(ii) Immediately suspend work when/if hazardous materials or conditions are discovered at a work location and inform the recipient so that it can make appropriate notifications for further assessment;

(iii) Transport workers to and from work locations;

(iv) Provide custody and security supervision of the workers;

(v) Provide or coordinate the educational components of the program;

(vi) Not reimburse any recipient, for any liability insurance costs associated with services provided by incarcerated individuals;

(vii) Adhere to the Class IV Project Matrix Level 1 through 3 designations, gratuity rates and types of work as now existing or hereafter revised.

(b) The parties will jointly, except at the department's discretion for goodwill services, conduct a hazardous conditions and materials assessment of the work location. Based upon the written assessment, the recipient will determine, with department concurrence, the specific personal protective equipment that must be provided to workers to perform the requested services. The department will determine whether the recipient must perform site remediation before workers can begin to work at any given location.

(9) Class IV correctional industries programs operated in work camps established pursuant to RCW 72.64.050 are managed under separate intergovernmental and local agreements and are exempt from these requirements.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-034, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-034, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-035 Class V: Community restitution, work release, and community supervision or custody.

(1) Individuals in this class reside in the community. They are:

(a) In court ordered community restitution programs;

(b) In work release status; or

(c) Under community supervision or custody.

(2) Class V services may be initiated by the department or provided at the request of an eligible recipient; a 501(c)(3) public charity, a 501(c)(4) social welfare nonprofit organization, a public agency or a cemetery registered and authorized by the IRS as 501 (c)(13) Cemetery Companies. Allowable Class V services are limited to those included in the Class V Project Matrix, as now existing or hereafter revised.

(3) Two types of Class V services are available. The first or standard (standard) service is paid for by the recipient. The second, a "goodwill service," (service) is paid for by the department.

(4) Class V services are performed in the community, generally in the county in which the workers reside.

(5) Standard Class V services:

(a) Require a master agreement, written in the department's office of contracts and legal affairs and signed by the department secretary or contracts administrator and the recipient's authorized representative. The master agreement must be signed by both parties before a work project description, which operates under the master agreement to detail the responsibilities of each party for each project, is signed and services may begin.

(b) May be operated by the department or by another public agency. The department may, by written contract, operate Class V crews that include individuals under the jurisdiction of other governmental entities. The department's temporary authority over such individuals is limited to that which is necessary for those individuals to participate on department Class V community restitution crews.

(c) When Class V community restitution crews are operated by the department, the department will:

(i) Transport workers to and from work locations;

(ii) Provide one correctional officer to supervise workers for security and public safety;

(iii) Provide supervision of the work for Level 1 and Level 2 work projects and determine, at its own discretion, whether additional officers are necessary at the work location to supervise;

(iv) Immediately suspend work when/if hazardous materials or conditions are discovered at a work location and inform the recipient so that it can make appropriate notifications for further assessment;

(v) Pay L&I workers' compensation premiums on behalf of the recipient at the rates assigned to the department by L&I;

(vi) Invoice the recipient monthly for all costs associated with each project.

(6) The recipient of standard Class V services will:

(a) Provide workers with relevant job specific and site specific safety training, instruction in the use of any specialized equipment and instruction in the proper use of personal protective equipment;

(b) At no cost to the department, supervise the work and direct the workers performing Project Matrix - Level 3 work which is more complex and may involve additional risk;

(c) Pay the department monthly for the services provided during the previous month. Invoiced costs include, but may not be limited to, mileage at the then current state mileage rate, for transporting workers to and from the work location; L&I workers' compensation premiums; supplies and materials; and other costs negotiated between the parties which may include the salary and benefits of additional correctional officer(s) needed by the department at the work location;

(d) Not request any type of work determined by the department to be unsafe and included on its Class V prohibited work list as now existing or hereafter revised.

(7) Jointly, both parties to the agreement will conduct a hazardous conditions and materials assessment of the work location. Based upon the written assessment, the recipient will determine, with department concurrence, the specific personal protective equipment that must be provided to workers to perform the requested services or whether the recipient must perform site remediation before work can begin.

(8) For Class V goodwill services:

(a) The secretary or designee will determine the goodwill criteria. The criteria, applications and service agreements will be provided to each community corrections location which will: Require eligible nonprofit recipients to sign and submit a completed application to the location from which services, if approved, will be provided. Every location will assess applications based upon the Class V goodwill services criteria developed by the secretary or designee;

(b) Approved goodwill service agreements must be signed by the authorized DOC signatory or designee and the recipient's authorized representative before work may begin;

(c) A copy of each signed goodwill service agreement will be emailed to the department contracts and legal affairs office within two calendar days after signature by the second of both parties;

(d) The department will pay for all costs associated with approved goodwill services including mileage, equipment, staff time and workers' compensation premiums. Recipients will not reimburse the department for such costs; and

(e) A community corrections location may, at its own discretion, conduct the advance hazardous conditions and/or materials inspection itself or waive the requirement. Any waiver of the requirement will be based upon experience with the work location or the work to be performed.

(9) For all Class V services:

(a) The department will:

(i) Screen and select the workers for crews based upon eligibility criteria developed by the department;

(ii) Immediately suspend work if hazardous materials or conditions are discovered at a work location and inform the recipient so that it can make appropriate notifications for further assessment and remediation;

(iii) Transport workers to and from work location;

(iv) Provide custody and security supervision of the workers;

(v) Provide or coordinate any educational components of the program;

(vi) Except at the department's discretion for goodwill services, the parties will jointly conduct a hazardous conditions and materials assessment of the work location. Based upon the written assessment, the recipient will determine, with department concurrence, the specific personal protective equipment that must be provided to workers to perform the requested services. The department will determine whether the recipient must perform site remediation before workers can begin to work at a given work location.

(b) The department will not reimburse any recipient, for liability insurance costs associated with the services provided.

(c) The department will adhere to the Class V Project Matrix level designations and limit the types of work performed to those included in the Class V Project Matrix as now existing or hereafter revised.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-035, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-035, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-040 Sale of goods.

(1) The director or his/her designee may sell all articles, materials, and supplies authorized by statute to be produced or manufactured in correctional institutions to any state agency, political subdivision of the state or as otherwise authorized by statute.

(2) The secretary shall require those institutions under his/her direction to give preference to those articles, materials, and supplies produced or manufactured by correctional industries when purchases are made for institution needs.

(3) The director may cause to be prepared annually, at such times he/she may determine, lists containing the descriptions of all articles and supplies manufactured and produced in state correctional institutions; copies of such list shall be sent to the supervisor of purchasing and to all departments, institutions and agencies of the state of Washington.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 15-20-010, § 137-80-040, filed 9/24/15, effective 1/1/16. Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-80-040, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.09.050 and chapter 34.04 RCW. WSR 82-18-042 (Order 82-11), § 137-80-040, filed 8/27/82.

Wash. Admin. Code § 137-80-050 Proceeds of sale.

Except for any sum recommended by the committee to be returned to the state general fund, all net profits from institutional industries shall be placed in a special revolving fund (Class II account) and shall be used exclusively, without appropriation, in the expansion and improvement of Class II industries.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 15-20-010, § 137-80-050, filed 9/24/15, effective 1/1/16. Statutory Authority: RCW 72.09.050 and chapter 34.04 RCW. WSR 82-18-042 (Order 82-11), § 137-80-050, filed 8/27/82.

Wash. Admin. Code § 137-80-060 Inmate job opportunities. (See RCW 72.09.120.)

The director shall cause to be periodically prepared and distributed to a central location in each facility a list of correctional industries' and programs' job opportunities. This list shall include, but not be limited to, job descriptions and the educational and skill requirements of each job and shall be made available to facility personnel, institutional industries and incarcerated individuals.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-060, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-060, filed 9/24/15, effective 1/1/16. Statutory Authority: RCW 72.01.090. WSR 03-21-088, § 137-80-060, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.09.050 and chapter 34.04 RCW. WSR 82-18-042 (Order 82-11), § 137-80-060, filed 8/27/82.

Wash. Admin. Code § 137-80-070 Safety and health.

(1) As required by the state division of occupational safety and health (DOSH), individuals in work programs will be provided a safe and healthy workplace free from recognized hazards.

(2) All correctional industries and programs will adhere to relevant federal and state safety laws as well as to departmental safety policies and requirements.

(3) The department, as the custodial authority, will determine whether or not it is safe for individuals to perform the requested services in Classes IV and V. The department's determination may be based upon previous experience with the work location, the work requested and the recipient, or the results of a hazardous conditions and materials assessment performed by the department and the recipient together or at the department's discretion, by the department alone.

(4) Workers in Classes IV and V shall receive work and safety training and any necessary personal protective equipment, in accordance with the master agreement, associated work project descriptions, goodwill service agreement and chapter 296-800 WAC, Safety and health core rules.

(5) Incarcerated individuals participating in Class III programs are not considered "employees" for DOSH purposes.

(6) For DOSH purposes, incarcerated individuals participating in Class V programs may be considered "employees" or "workers."

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-070, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-070, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-080 Industrial insurance.

(1) No incarcerated individual compensated for work in correctional industries shall be considered as an employee, or to be employed by the state or the department.

(2) Incarcerated individuals working in Classes I, II, and IV of correctional industries are eligible for industrial insurance benefits as provided by Title 51 RCW.

(3) Incarcerated individuals performing Class V community restitution work will be made eligible for industrial insurance benefits as provided for by RCW 51.12.045.

(4) Incarcerated individuals working in Class III industries are ineligible for industrial insurance benefits.

(5) The department will pay the department of labor and industries all workers' compensation premiums due under Title 51 RCW for workers providing services in Classes IV and V. Recipients must reimburse the department for all such workers' compensation premiums under Title 51 RCW. Except that, recipients will not pay the department for any L&I premiums paid for workers providing goodwill services.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-080, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-080, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-090 Work crew costs and responsibilities.

(1) Nothing in this chapter shall be construed as limiting the regulatory authority of the department of labor and industries in determining health and safety compliance and employer status for purposes of DOSH and Title 51 RCW, the issuance or review of citations or corrective actions related to health and safety compliance in the workplace provided the community or community restitution work crew, or in determining responsibility for payment of fees due under Title 51 RCW.

It is understood that the responsible divisions within the department of labor and industries shall act independently in any review of claims or citations. Public agencies and public benefit nonprofit corporations that contract with the department for work crew services will be responsible for safety and health conditions at the work location, will have the responsibility and the authority for ensuring that any hazardous condition is corrected, and as applicable, reimburse the department for the cost of worker industrial insurance coverage. For standard Class IV services only, recipients will also be responsible for paying worker gratuities.

(2) The department will provide at least one correctional officer for the security and custody supervision of workers at all work crew locations to fulfill its mission to improve public safety and to maintain custody as required by state law.

(3) Any specific worker personal protective equipment that is required will be detailed in the work project description for each Class IV or Class V work crew project or in the services agreement for any goodwill service. The party(ies) responsible for providing such personal protective equipment will also be designated in the work project description.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-090, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-090, filed 9/24/15, effective 1/1/16.

Wash. Admin. Code § 137-80-100 Application limited to this chapter.

The powers and authority conferred by this chapter shall be construed as limited to this chapter and nothing herein shall be construed as applying to any other incarcerated individuals' work programs authorized by federal law or Washington state law. Neither shall anything contained herein be construed as limiting any other powers or authority of any public agency.

History

• Statutory Authority: RCW 72.01.090 and 72.09.100. WSR 20-13-054, § 137-80-100, filed 6/12/20, effective 7/13/20
• WSR 15-20-010, § 137-80-100, filed 9/24/15, effective 1/1/16.

Chapter 137-91 Adult correctional institutions—Medical care—Health care.

Wash. Admin. Code § 137-91-010 Health care—General policy.

The policy of the department of corrections (the department) with regard to health care for offenders in adult correctional facilities is to provide that care, consistent with the Offender Health Plan (OHP), which is medically necessary to respond to the offender's medical, dental, and mental health needs. Medically necessary is defined as that care that is determined by the department to:

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-020 Contracts for services.

The department intends to purchase health care in a prudent, cost-effective manner without unduly restricting offenders' access to appropriate and medically necessary care. Therefore, notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents qualified to provide such services as may be necessary to provide health care to offenders in accordance with the provisions of RCW 72.10.030.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-030 Utilization review.

When purchasing health care services and establishing medical necessity of services, the secretary is authorized to implement health care utilization management methods to assure the appropriateness of the care rendered to the offender. These methods may include but are not limited to: Prior authorization; hospital length of stay review; case management; treatment guidelines; and audit of billed charges and services rendered.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-040 Purchasing health care services.

The secretary is authorized to institute any reasonable reimbursement mechanism for purchasing health care services from health care practitioners or health care facilities. These reimbursement mechanisms shall include, but are not limited to: Capitation; per diems, global fees; diagnosis-related groups (DRG); fee schedules, or any other prudent cost-effective payment method which shall be established by rule adopted in accordance with chapter 34.05 RCW.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-050 Audits and recovery in purchasing health care services.

The secretary may establish rules and procedures for selectively and/or randomly auditing the accuracy of fees and the medical billings submitted to the department. The department, or its agent, may review the offender's community health care record to assure that the offender received the services for which the bill was submitted.

Whenever an audit establishes that the services rendered were not authorized or medically necessary, the department shall not pay the cost for such services nor shall the offender be held accountable for such costs.

The secretary is authorized to seek recovery when the department identifies that a health care practitioner or facility is not entitled to the billed fees. The practitioner or facility is liable for any excess payment received and must repay the excess payment plus accrued interest on the excess payment at the rate of one percent per month for each month for the period from the date which the payment was made to the date upon which payment is made to the department.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-075 Other health care coverage.

If an offender is eligible for health care benefits through the veterans administration, the department of labor and industries (L&I), automobile insurance claims, or any other third-party payer or insurer determined to be primarily responsible for the offender's health condition, through coordination of benefits rules, the department of corrections shall be considered a secondary payer.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-080 Health care services.

The health care program operated by the department of corrections shall include the following services:

(1) Initial examination when the offender enters the adult correction system. This examination shall include:

(a) Health history;

(b) An initial physical examination including laboratory, radiology and other diagnostic studies, as indicated;

(c) Dental examination;

(2) Immunizations, as indicated;

(3) Evaluation of capacity for work, educational programs, special housing assignment, and recreation;

(4) Consultations, examinations and treatment as required for the health maintenance of each offender in accordance with the policy discussed at WAC 137-91-010.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-090 Use of allied health professionals.

Allied health professionals, those licensed certified or registered health care providers other than physicians or dentists, may be used in the health care programs at each correctional facility. Allied health professionals may deliver such care as their licensure, certification, registration or statute governing their profession permits.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-91-100 Health record.

The health record shall be maintained at the facility where an offender is housed. Health records of offenders housed at work release facilities shall be maintained at a location(s) designated by the regional administrator for the region in which the facility is located. Upon transfer of the offender between state facilities, that offender's record shall be transferred along with the offender. The health record shall be archived ninety days following the offender's release from the department's jurisdiction. The health record shall include:

(1) Detailed reports of admission, medical, dental and mental health evaluations and recommendations;

(2) All primary encounter and progress notes regarding continuing health status including illnesses, hospitalization, surgery, results of consultations and examinations, reports of tests done, immunizations, and problem lists;

(3) Reports completed by outside consultants.

Information contained in the offender health record is confidential. Access to and release of information contained in the offender health record shall be in strict compliance with chapter 70.02 RCW.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Chapter 137-96 Prerelease programs.

Wash. Admin. Code § 137-96-010 Purpose.

The purpose of this chapter is to set forth the rules and regulations governing the administration of the department's prerelease programs.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-96-020 Definitions.

(1) "Secretary" is the secretary of the department of corrections.

(2) "Deputy secretary" is the deputy secretary, prisons division, department of corrections.

(3) "Assistant deputy secretary" is the assistant deputy secretary, prisons division.

(4) "Superintendent" is the individual responsible for the planning, organizing, and implementation of programs at a prerelease facility.

(5) "Contract staff" is the staff member(s) of an agency under contract to the department of corrections to provide programming for offenders at prerelease.

(6) "Prerelease offender" is an offender who has been approved and placed in prerelease.

(7) "Volunteer escort" is a responsible citizen who has been screened, trained, and assigned to escort and supervise offenders during official and approved activities outside of the facility or to participate in approved activities inside the facility.

(8) "Prerelease" is a total confinement facility approved for housing and supervision of offenders under the jurisdiction of the department of corrections. The program provides the transitional services necessary to assist offenders in their successful return into the community.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-96-030 Secretary's authority to grant or deny.

The secretary or his or her designee may grant or deny prerelease as authorized by Title 72 RCW subject to the rules of this chapter.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-96-040 Reasons for placement.

Prerelease may be authorized for one or more of the following:

(1) Time remaining to release and behavior is appropriate for placement.

(2) Offender has violated the terms of community placement.

(3) Offender has violated the conditions of work release.

(4) Offender has violated the conditions established by the indeterminate sentence review board.

(5) For any reason deemed appropriate by the department.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-96-100 Cell tag.

Each offender of a multiple-offender cell will be held accountable for an infraction that occurs within the confines of such cell unless he/she can establish a lack of involvement in the infraction.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-96-110 Earned time, granting, and denial.

An offender may receive earned time sentence reduction for participating or attempting to participate in facility work, education, or training programs in accordance with department policy. Prior to a denial of earned time, the basis for the proposed denial shall be explained to the offender. Should the offender wish to contest the proposed denial, he/she may request a hearing, which shall be held at least twenty-four hours after the offender has received written notice scheduling the hearing and indicating the basis for the proposed denial. The hearing shall be before an impartial official designated by the superintendent, pursuant to WAC 137-56-175. The offender shall be provided a written statement from the hearing official showing the evidence relied on and the reasons for the decision. The hearing shall be conducted in accordance with WAC 137-56-180. Such a hearing and its result shall not be considered disciplinary in nature and the decision of the hearing shall be limited to recommending to the superintendent that earned time credits be granted or denied in whole or in part. Granting or denial of earned time credits for out-of-state offenders shall be handled in substantial accord with this rule.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-96-120 Reporting to law enforcement authorities.

(1) It shall be the duty of the superintendent to report any violation of a federal, state, or local law to law enforcement authorities.

(2) If a violation has been reported to law enforcement authorities, the offender shall not be questioned about the incident, outside of a formal disciplinary hearing or an administrative segregation hearing, held pursuant to this chapter, until after it has been determined that no prosecution will occur or until a finding of guilt is made.

(3) The provisions in this rule shall not preclude the reasonable segregation of the offender in accordance with administrative segregation rules appearing in this chapter.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-96-130 Infractions—On-site adjustment.

(1) In the event of a general infraction, a staff member may make an on-site adjustment which may consist of:

(a) Counseling, warning, or reprimanding the offender; and/or

(b) Causing the offender to remove himself/herself from the situation immediately involved in the violation.

(2) An on-site adjustment under this rule cannot be considered a general infraction for the purposes of determining whether an 877 serious infraction under WAC 137-56-110 has occurred.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Chapter 137-100 Occupational exposure to human immunodeficiency virus (HIV).

Wash. Admin. Code § 137-100-002 Purpose.

The purpose of this chapter shall be to insure coordination of the provisions of SHB 1605, RCW 70.24.105, 70.24.340, 70.24.370 and chapter 72.09 RCW by the department of corrections and the department of health.

History

• Statutory Authority: RCW 70.24.107. WSR 98-15-084, § 137-100-002, filed 7/16/98, effective 8/16/98.

Wash. Admin. Code § 137-100-011 Definitions.

The following definitions shall apply in interpreting this chapter:

(1) Correctional staff member means a department of corrections employee, an individual providing services under contract to the department, and volunteers.

(2) Department means the department of corrections.

History

• Statutory Authority: RCW 70.24.107. WSR 98-15-084, § 137-100-011, filed 7/16/98, effective 8/16/98.

Wash. Admin. Code § 137-100-021 Medical records available.

The department will make available an offenders sexually transmitted disease status to any correctional staff member who has experienced a substantial exposure by that offender. Should such records be nondiscloseable, the department shall advise the correctional staff member of the process to receive that information. This process shall be facilitated by the health care manager or infection control coordinator.

History

• Statutory Authority: RCW 70.24.107. WSR 98-15-084, § 137-100-021, filed 7/16/98, effective 8/16/98.

Wash. Admin. Code § 137-100-031 Request for records—By correctional staff members.

A request for test results shall be made in writing. At a minimum, the request shall include:

(1) Name of the person requesting the record;

(2) Nature of the exposure, including date and time;

(3) Name of the offender; and

(4) DOC number of the offender, if known.

The request shall be accompanied by a copy of the report of personal injury (form DOC 3-133) and a post-exposure incident report (DOC form 3-184) outlining the circumstances and results of the exposure incident.

History

• Statutory Authority: RCW 70.24.107. WSR 98-15-084, § 137-100-031, filed 7/16/98, effective 8/16/98.

Chapter 137-104 Community custody violation hearings.

Wash. Admin. Code § 137-104-010 Purpose.

The purpose of this chapter is to specify policies and procedures pertaining to the department of corrections' community custody administrative hearings and violation responses. The following regulations set forth procedural guidelines. They do not create procedural or substantive rights in any person and should not be interpreted or applied in such a manner as to abridge rights already guaranteed by the United States Constitution. The regulations should be interpreted as having sufficient flexibility to be consistent with law and permit the department to accomplish its statutory purposes.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-010, filed 9/12/19, effective 10/13/19. WSR 01-04-044, § 137-104-010, filed 2/1/01, effective 3/1/01.

Wash. Admin. Code § 137-104-020 Definitions.

For purposes of this chapter, the following words have the following meanings:

(1) "Aggravating factors" are circumstances that elevate a low level violation to a high level violation as defined by department policy.

(2) "Appeals panel" means three reviewing staff designated by the secretary with the authority to review offender appeals of department findings and imposed sanctions.

(3) "Business day" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington.

(4) "Community corrections officer" means community corrections officer as defined by RCW 9.94A.030.

(5) "Community custody" means community custody as defined by RCW 9.94A.030.

(6) "Department" means the department of corrections.

(7) "Ex parte communication" means any predisposition communication between the hearing officer and a party or other individual on behalf of that party regarding the department hearing and the merits of the matter without notice and opportunity for all parties to participate.

(8) "Hearing officer" means an employee of the department authorized to conduct department hearings.

(9) "Hearings administrator" means the administrator of the hearings unit of the department.

(10) "Mitigating factors" are circumstances that may warrant a reduced violation response.

(11) "Offender" means any person in the custody of or subject to the jurisdiction of the department.

(12) "Partial confinement" means partial confinement as defined by RCW 9.94A.030.

(13) "Total confinement" means total confinement as defined by RCW 9.94A.030.

(14) "Violation" means willful noncompliance with a court-ordered or department-imposed condition, requirement or instruction. High-level and low-level violations are defined per department policy.

(15) "Violation process" means the process by which the court or the department addresses one or more alleged violations.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-020, filed 9/12/19, effective 10/13/19. WSR 07-08-082, § 137-104-020, filed 4/2/07, effective 5/3/07. WSR 03-16-072, § 137-104-020, filed 8/4/03, effective 9/4/03. WSR 01-04-044, § 137-104-020, filed 2/1/01, effective 3/1/01.

Wash. Admin. Code § 137-104-021 General requirements.

(1) When addressing the violation the department will ensure that:

(a) The department has jurisdiction to sanction the offender;

(b) The alleged violation was willful; and

(c) The offender is provided the opportunity to respond to the alleged violation.

(2) A low level violation may be aggravated to a high level violation upon review of aggravating factors and approval by a hearing officer.

(3) A reduced response to a violation may be approved as defined by department policy and upon review of mitigating factors.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-021, filed 9/12/19, effective 10/13/19.

Wash. Admin. Code § 137-104-025 Community custody sanctions.

(1) The state and its officers, agents, and employees may not be held criminally or civilly liable for violation response decisions made in accordance with law per RCW 9.94A.737.

(2) The sanction the department imposes shall be determined by the offender's violation behavior and prior violation processes and shall be reasonably related to the crime of conviction, the violation committed, the offender's risk of reoffending, or the safety of the community. The department's response to violation behavior will be defined by department policy.

(3) A community custody offender who violates any court-ordered or department-imposed condition, requirement, or instruction will be sanctioned by the department as provided in RCW 9.94A.737, 9.94A.633, 9.94A.660, 9.94A.662, and 9.94A.6332.

(a) The sanction for an offender who commits a low level violation may be a nonconfinement sanction, or a total or partial confinement sanction of not more than three days.

(b) The sanction for an offender who commits a high level violation may be a nonconfinement sanction, or a total or partial confinement sanction of not more than thirty days, unless subject to return under RCW 9.94A.633 or revocation of an alternative sentence under RCW 9.94A.660 and 9.94A.662. The department will credit an offender's sanction time served pending the hearing or negotiated sanction review.

(i) The offender may be out of custody or held in total or partial confinement pending a formal hearing or negotiated sanction review.

(ii) The offender may be held in total or partial confinement to serve an imposed sanction for a high level violation as determined by department policy.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-025, filed 9/12/19, effective 10/13/19.

Wash. Admin. Code § 137-104-030 Hearing officers.

(1) Hearing officers will report to and be supervised by the hearings administrator, and will report through a chain of command separate from that of community corrections or prisons divisions.

(2) Hearing officers may not hear a case in which they have direct personal involvement in the incident under consideration and must formally disqualify themselves by notifying the hearings administrator/designee. The hearings administrator/designee will select a replacement hearing officer.

(3) Hearing officers shall disqualify themselves if they believe that they cannot render a fair judgment in the hearing. The hearings administrator/designee may change the hearing officer assigned to hear a case upon a request from an offender and a showing of good cause.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-030, filed 9/12/19, effective 10/13/19. WSR 07-08-082, § 137-104-030, filed 4/2/07, effective 5/3/07. WSR 01-04-044, § 137-104-030, filed 2/1/01, effective 3/1/01.

Wash. Admin. Code § 137-104-040 Notice.

(1) The department shall notify each offender on community custody of all court and department imposed conditions, requirements, and instructions and of the department's response to violation behavior.

(2) An offender alleged to have committed a low level violation will be provided notice of the alleged violation at the time the department's violation response is initiated and the offender will be provided an opportunity to respond.

(3) An offender alleged to have committed a high level violation has the right to a hearing prior to imposition of any sanction. The offender will receive notice of a pending hearing as follows:

(a) Written notice will be served upon the offender not less than twenty-four hours prior to the hearing. The offender may waive the right to such notice.

(b) Written notice to the offender will include, but is not limited to:

(i) The offender's rights, including rights specified in WAC 137-104-060 and the offender's right to file a personal restraint petition under court rules after the final decision of the department;

(ii) A copy of the judgment and sentence and the imposed conditions;

(iii) The alleged violation; and

(iv) The supporting evidence relating to the violations that will be introduced and relied upon by the department at the hearing.

(c) The alleged violations may be amended and new allegations added at any time prior to the hearing, provided the offender receives written notice of such new or amended allegations and all other supporting evidence at least twenty-four hours prior to the hearing. The offender may waive the right to such notice.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-040, filed 9/12/19, effective 10/13/19. WSR 01-04-044, § 137-104-040, filed 2/1/01, effective 3/1/01.

Wash. Admin. Code § 137-104-050 Hearing procedures.

(1) The hearing shall be conducted by a hearing officer in the department's hearing unit, and shall be considered as an offender disciplinary proceeding and shall not be subject to chapter 34.05 RCW, the Administrative Procedure Act.

(2) Hearings for community custody offenders, who are being held in total confinement prior to a hearing, shall be conducted within five working days, but not less than twenty-four hours, after service of the notice of allegations, hearing and rights, and waiver form.

(3) The hearing officer will:

(a) Administer oaths and affirmations;

(b) Ensure the hearing is electronically recorded;

(c) Prohibit and disclose ex parte communications;

(d) Verify the offender has received proper notice;

(e) Verify jurisdiction and foundation;

(f) Weigh the credibility of witnesses;

(g) Receive relevant evidence including hearsay evidence;

(h) Render or defer a decision;

(i) Specify on the record the basis for the findings and decisions;

(j) Provide a written hearing and decision summary to the parties; and

(k) Take any other actions necessary as authorized by the department policy, these rules, and applicable laws.

(4) The parties may call witnesses to testify at the hearing.

(a) The hearing officer may exclude witnesses or limit the scope of testimony to matters relevant to the allegations and/or disposition.

(b) Witnesses may be excluded and testimony may be limited to maintain the safety and security of the facility, offender, staff, or others.

(c) Witnesses may testify outside the presence of the offender when there is substantial likelihood that the witness will suffer significant psychological or emotional trauma if the witness testifies in the presence of the offender, or when there is substantial likelihood that the witness will not be able to give effective, truthful testimony in the presence of the offender. The hearing officer will provide the offender an opportunity to submit questions to be asked of the witness.

(d) The hearing officer will state the basis for limiting testimony or excluding witnesses on the record.

(5) The department has the obligation of setting forth evidence supporting the allegations of violations and of offering recommendations for disposition.

(6) The department has the obligation of proving each of the alleged violations by a preponderance of the evidence.

(7) Hearing officers may continue the hearing for good cause if doing so does not unduly delay the hearing.

(8) Notice per WAC 137-104-040 is not required except the offender will be notified of the date and location of the continued hearing and will be provided any additional evidence supporting the allegations not less than twenty-four hours prior to the hearing unless the offender waives the right to such notice.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-050, filed 9/12/19, effective 10/13/19. WSR 01-04-044, § 137-104-050, filed 2/1/01, effective 3/1/01.

Wash. Admin. Code § 137-104-051 Negotiated sanction review.

(1) An offender alleged to have committed a high level violation may waive the hearing and recommend a sanction that is negotiated with the department.

(2) The negotiated sanction shall be reviewed by a hearing officer in the department's hearing unit. A negotiated sanction review shall be considered an offender disciplinary proceeding and shall not be subject to chapter 34.05 RCW, the Administrative Procedure Act.

(3) The hearing officer will determine whether:

(a) The offender knowingly and voluntarily admits guilt to all allegations;

(b) The offender knowingly and voluntarily waives his or her right to a hearing and appeal; and

(c) The recommended sanction is reasonable and within the parameters of department policy.

(4) The hearing officer may reject the negotiated sanction and set the matter over to a hearing.

(5) The negotiated sanction review will be recorded and documented in writing.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-051, filed 9/12/19, effective 10/13/19.

Wash. Admin. Code § 137-104-060 Rights specified.

An offender subject to a department hearing has rights as specified in RCW 9.94A.737 and the right to:

(1) Receive written notice in accordance with WAC 137-104-040, including the opportunity to examine, no later than twenty-four hours before the hearing, all supporting documentary evidence which the department intends to present during the hearing.

(2) Have an electronically recorded, community custody hearing conducted within five business days of written notice; however, if the offender has not been placed in confinement, the hearing will be conducted within fifteen business days of written notice in accordance with RCW 9.9A.737.

(3) A neutral and detached hearing officer conduct the hearing.

(4) Admit to any or all of the allegations, which may result in limiting the scope of the hearing.

(5) Be present during the hearing. An offender may waive the right to be present at the hearing or because of disruptive behavior, an offender may be removed from the hearing at the hearing officer's discretion; in both cases, the department will conduct the hearing in the offender's absence and may impose sanctions.

(6) Present the case to the hearing officer. If there is a language or communication barrier, the hearing officer may continue the hearing until a qualified individual is identified to interpret or otherwise assist in person or by means of an approved language line.

(7) Request counsel as established by department policy. Counsel may be provided if the hearing officer determines that counsel is necessary due to the complexity of the case or the offender's ability to represent himself or herself.

(8) Cross-examine witnesses testifying at the hearing.

(9) Testify during the hearing or remain silent. Silence will not be held against the offender.

(10) Have witnesses provide written or oral testimony on the offender's behalf, unless the scope of testimony is limited or the witness is excluded by the hearing officer under WAC 137-104-050.

(11) Request a continuance of the hearing for good cause as per department policy.

(12) Receive a written hearing and decision summary including the evidence presented, the finding of guilty or not guilty, the reasons to support the findings of guilt, and the sanction imposed immediately following the hearing or, in the event of a deferred decision, within two business days. Offenders may waive the two business days' requirement.

(13) Obtain a copy of the electronic recording of the hearing upon written request.

(14) Appeal the hearing officer's decision pursuant to WAC 137-104-080.

(15) File a personal restraint petition.

(16) Waive any or all of the above rights in this section.

(17) Waive the hearing and recommend a negotiated sanction.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-060, filed 9/12/19, effective 10/13/19. WSR 01-04-044, § 137-104-060, filed 2/1/01, effective 3/1/01.

Wash. Admin. Code § 137-104-080 Appeals.

(1) The offender may, within seven calendar days, appeal the findings and imposed sanctions to an appeals panel. The offender's appeal must be submitted in writing.

(2) The appeals panel shall affirm, reverse, modify, vacate, or remand the decision based on its findings.

(3) If a majority of the panel finds that the sanction was not reasonable, relative to the crime of conviction, the violation committed, the offender's risk of reoffending, or the safety of the community, then the appeals panel shall reverse, vacate, remand or modify the decision.

(4) The appeals panel will also examine evidence presented at the hearing. If a majority of the panel finds that any finding of a violation was based solely on allegations that were not, or could not be confirmed, then the appeals panel shall reverse, vacate, remand or modify the decision.

History

• Statutory Authority: RCW 72.01.090. WSR 19-19-044, § 137-104-080, filed 9/12/19, effective 10/13/19. WSR 01-04-044, § 137-104-080, filed 2/1/01, effective 3/1/01.

Chapter 137-150 Access to mental health records.

Wash. Admin. Code § 137-150-010 Purpose.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-150-020 Definitions.

(1) Agency" means the department of corrections.

(2) "DOC" or "Department" means the department of corrections.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-150-030 Notification.

The department shall notify individuals under its jurisdiction of the provisions of RCW 71.34.225 and 71.05.445 in the following manner:

(1) Individuals entering the DOC system on or after the effective date of this rule, will receive written notification of the right of the department to access mental health records upon intake into the DOC system.

(2) Individuals under the jurisdiction of the department in a prison setting on the effective date of this rule will receive notification of the right of the department to access mental health records via a posting on the facility bulletin board consistent with written agency policy and procedures.

(3) All other individuals currently under active supervision of the department on the effective date of this rule will receive written notification of the department's right to access their mental health records in the form of a mailing to their address.

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.

Wash. Admin. Code § 137-150-040 Confidentiality.

The information received by the department shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW and chapter 71.34 RCW except:

(1) The department may release the information to the indeterminate sentence review board as relevant to carry out its responsibility of planning and ensuring community protection with respect to persons under its jurisdiction.

(2) The department may use the information to meet its statutory duties to provide evidence or report to the court.

(3) The department may release the information to other state and local agencies as relevant to plan for and provide offenders transition, treatment, and supervision services, or as relevant and necessary to protect the public and counteract the danger created by a particular offender, and in a manner consistent with written agency policy.

(4) The department may release the information to individuals only with respect to offenders who have been determined by the department to have a high risk of reoffending by a risk assessment, as defined in RCW 9.94A.030, only as relevant and necessary for those individuals to take reasonable steps for the purpose of self-protection, or as provided in RCW 72.09.370(2).

Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.