WSR 17-20-075
EMERGENCY RULES
DEPARTMENT OF CORRECTIONS
[Filed October 3, 2017, 9:02 a.m., effective October 16, 2017]
Effective Date of Rule: October 16, 2017.
Purpose: The purpose of this emergency amendment to WAC 137-80-010, is to pilot and test changes to specific correctional industries Class IV and V work programs. The department intends to allow for public comment and input before making final and formal revisions to chapter 137-80 WAC.
Citation of Rules Affected by this Order: Amending WAC 137-80-010.
Statutory Authority for Adoption: RCW 72.01.090, 72.09.100.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The purpose of this temporary emergency rule is to preserve the public health, safety and general welfare by allowing the secretary to authorize pilot changes in Class IV and V work programs to immediately respond to highly publicized health and safety risks from the accumulation of rubbish in local communities and respond to other community service needs that also promote public health, safety and general welfare. The pilot projects will be administered under conditions that are in some ways less restrictive than the department's current chapter 137-80 WAC.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 16, 2017.
Stephen Sinclair
Secretary
AMENDATORY SECTION (Amending WSR 15-20-010, filed 9/24/15, effective 1/1/16)
WAC 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 offender 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 an offender work program within that class or the use of other offender work programs authorized by separate statute.
(2) The secretary may adopt policies providing further guidance for establishing, among other things, offender 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.