WSR 05-10-035

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF CORRECTIONS


[ Filed April 28, 2005, 10:26 a.m. ]

Subject of Possible Rule Making: Amendments to chapter 137-28 WAC, Prisons discipline.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 72.09.130, 72.01.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Clarify the definitions of sexual assault and add separate infractions for "attempted sexual assault" for data collection purposes for reporting under the Prison Rape Elimination Act; add a new infraction regarding unauthorized entry by an offender into a cell, tier or unit other than the one to which the offender is assigned.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The department invites interested parties to review and provide input on the proposed rules. Comments may be sent to John Nispel, rules coordinator, at the address shown below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Nispel, Rules Coordinator, Department of Corrections, Contracts and Legal Affairs, P.O. Box 41114, Olympia, WA 98504-1114, phone (360) 586-2160, fax (360) 664-2009.

April 28, 2005

H. W. Clarke

Secretary

Washington State Code Reviser's Office