PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-17-113.
Title of Rule and Other Identifying Information: Amendments to WAC 137-28-260 Serious infractions and chapter 137-56 WAC, Community residential programs; work/training release; create new chapter 137-25 WAC, Serious infractions.
Hearing Location(s): Department of Corrections, Tumwater Office Building, Cascade Room - #3004, 7345 Linderson Way S.W., Tumwater, WA 98501, on November 22, 2005, at 10 a.m.
Date of Intended Adoption: November 22, 2005.
Submit Written Comments to: John Nispel, P.O. Box 41114, Olympia, WA 98504-1114, e-mail jrnispel@doc1.wa.gov, fax (360) 664-2009, by November 18, 2005.
Assistance for Persons with Disabilities: Contact John Nispel by November 18, 2005, TTY (800) 833-6389.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revise the procedures for operation of work release and standardize serious infractions for prison and work release offenders.
Reasons Supporting Proposal: These amendments will standardize the serious infractions for offenders in both full and partial confinement facilities.
Statutory Authority for Adoption: RCW 72.01.090, 72.65.100, and 72.09.130.
Statute Being Implemented: RCW 72.65.100 and 72.09.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Doreen Geiger, governmental.
Name of Agency Personnel Responsible for Drafting: Doreen Geiger/Lori Ramsdell-Gilkey, Olympia, (360) 753-1508; Implementation: Kit Bail, Olympia, (360) 586-0844; and Enforcement: Eldon Vail, Olympia, (360) 664-0488.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect incarcerated offenders only and will not impose costs on businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule adoption as the agency is not named in RCW 34.05.328 (5)(a)(i).
October 18, 2005
Harold W. Clarke
Secretary
OTS-8448.1
SERIOUS INFRACTIONS -- TOTAL AND PARTIAL CONFINEMENT FACILITIES
[]
Abusive sexual contact - an incident in which the contact occurs without his/her consent or he/she was unable to consent or refuse. Abusive sexual contact includes one or more of the following behaviors:
• Intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of the victim. It does not include kicking, grabbing or punching genitals when the intent is to harm or debilitate rather than to sexually exploit.
Adult correctional institution and institution - a facility identified in RCW 72.01.050(2) and any similar facility hereinafter established.
Aggravated assault - an assault resulting in physical injury and requiring medical care (see definition of medical care).
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.
Attempted suicide - an unsuccessful attempt to kill oneself as determined by a medical or mental health professional.
Attempt - putting forth an effort to commit any infraction shall be considered the same as commission of the infraction. However, attempted aggravated assault shall be considered an attempted assault.
Bodily harm - physical pain or injury, illness, or impairment of physical condition.
Cell tag - if contraband or other violation is discovered in an area under control of the inmate (such as within the confines or contents of a cell), the contraband or other violation shall be constructively attributed to the inmate(s) assigned to that area, unless the inmate(s) can establish a lack of involvement in the infraction at the disciplinary hearing.
Conspiracy - an agreement between two or more persons to commit an infraction. Conspiracy to commit an infraction shall be considered the same as commission of the infraction.
Deputy secretary - the deputy secretary of the office of correctional operations of the Washington state department of corrections, or the deputy secretary's designee.
Discovery - when a staff member discovers that an infraction has occurred or when an investigation into the incident is concluded.
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.
Earned release time - 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.
Good conduct time credits - 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.
Hearing officer - staff member(s) designated by the superintendent or hearings program administrator to conduct disciplinary hearings.
Infraction - commission of, attempt to commit, or conspiracy with another to commit any violation of rules as enumerated in this code. Aiding or abetting another to commit an infraction will be considered the same as commission of the infraction.
Infraction review officer - staff member(s) designated by the superintendent to review a serious infraction.
Lesser included offense - any infraction that must necessarily have been committed in order to commit another infraction.
Medical care - any care conducted in a medical facility/treatment center by medical staff to treat a documented, physical injury, 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 medical care.
Mental health professional - an individual with a unique set of knowledge, skills and abilities that makes him/her competent in either development, research, administration, assessment, prevention, treatment, education or training aimed at affecting the onset, occurrence, and maintenance of mental, behavioral and in some cases physical health disorders.
Mitigating factors - factors to be considered by the infracting officer in deciding whether to charge a #328 general infraction rather than a #728 serious infraction. Also, factors to be considered by the infraction review officer, hearings officer, and superintendent for the purpose of deciding whether a #728 serious infraction should be reduced to a #328 general infraction. Mitigating factors may include the seriousness of the sexually explicit material involved, whether the inmate has been convicted of a sexually motivated crime, the treatment needs of the inmate, the prior history of similar behavior, and the source of the material.
Possession - established when an item(s) is found on a person or in an area which is under the control of the individual(s) charged.
Promptly - to act as soon as reasonably possible, consistent with institutional goals of safety, security, and rehabilitation.
Secretary - the secretary of the Washington state department of corrections, or the secretary's designee.
Sexual harassment - any word, action, gesture or other behavior that is sexual in nature and that would be offensive to a reasonable person.
Sexually explicit - means a depiction of one of the following:
• One of the participants in the sexual act is, or appears to be, nonconsenting;
• One of the participants in the sexual act appears to be forceful, threatening, or violent;
• One of the partners in the sexual act is dominating one of the other participants and one of the individuals is obviously in a submissive role or one of the participants is degraded, humiliated, or willingly engages in behavior that is degrading or humiliating;
• One of the participants in the sexual act is a minor, or appears to be a minor, or a minor alone is depicted in a sexually suggestive way;
• Actual penetration, be it penile/vaginal-oral, penile-anal, or penile-vaginal; digital-anal; digital-vaginal; or insertion of any inanimate object in the vaginal or anal cavity, and the depiction in the context presented is deemed to be a threat to legitimate penological objectives;
• Any bodily excretory function which is sexual in nature;
• Bestiality, sadomasochistic behavior, bondage; or
• Material reasonably deemed to be a threat to legitimate penological objectives.
Staff member - for purposes of this chapter includes employees of the department of corrections, contract employees, and volunteers.
Superintendent - superintendent of an adult correctional institution or the superintendent's designee.
Working days - Monday through Friday, excluding weekends and holidays.
[]
| 501 - Committing homicide. |
| 502 - Aggravated assault on another offender. |
| 507 - Committing a felony. |
| 511 - Aggravated assault on a visitor or community member. |
| 521 - Taking or holding any person hostage. |
| 550 - Escape or attempted escape. |
| 601 - Possession, manufacture, or introduction of an explosive device or any ammunition, or any components of an explosive device or ammunition. |
| 602 - Possession, manufacture, or introduction of any gun, firearm, weapon, sharpened instrument, knife, or poison or any component thereof. |
| 603 - Possession, introduction, use or transfer of any narcotic, controlled substance, illegal drug, unauthorized drug, mind altering substance, or drug paraphernalia. |
| 604 - Aggravated assault on a staff member. |
| 611 - Nonconsensual sexual assault on a staff member. |
| 612 - Attempted nonconsensual sexual assault of staff. |
| 613 - Abusive sexual contact with staff. |
| 635 - Nonconsensual sexual assault on another offender. |
| 636 - Attempted nonconsensual sexual assault of another offender. |
| 637 - Abusive sexual contact with another offender. |
| 650 - Rioting. |
| 651 - Inciting others to riot. |
| 762 - Failing to comply with DOSA requirements. |
| 504 - Engaging in sexual acts with others within the facility with the exception of approved conjugal visits. |
| 553 - Setting a fire. |
| 560 - Unauthorized possession of items or materials likely to be used in an escape attempt. |
| 588 - Causing a valid and documented threat of transmission of a contagious disease to any person due to intentional, negligent or reckless action. |
| 633 - Assault on another offender. |
| 704 - Assault on a staff member. |
| 711 - Assault on a visitor or community member. |
| 744 - Making a bomb threat. |
| 505 - Fighting with any person. |
| 556 - Refusing to submit or cooperate in a search when ordered to do so by a staff member. |
| 607 - Refusing to submit to a urinalysis and/or failure to provide a urine sample when ordered to do so by a staff member within the allotted time frame. |
| 608 - Refusing or failing to submit to a breathalyzer or other standard sobriety test when ordered to do so by a staff member. |
| 609 - Refusing or failing to submit to testing required by policy, statute, or court order, such as DNA blood tests when ordered to do so by a staff member. |
| 652 - Engaging in or inciting a group demonstration. |
| 655 - Making intoxicants, alcohol, controlled substances, narcotics, or possession of ingredients, equipment, items, formulas, or instructions that are used in making intoxicants, alcohol, controlled substances, or narcotics. |
| 682 - Engaging in or inciting an organized work stoppage. |
| 707 - Possession, introduction, or transfer of any alcoholic or intoxicating beverage. |
| 716 - Unauthorized use of prescribed or over the counter medication. |
| 736 - Possession, manufacture or introduction of unauthorized keys. |
| 750 - Indecent exposure. |
| 752 - Receiving a positive test for use of unauthorized drugs, alcohol, or other intoxicants. |
| 830 - Any escape from work release with voluntary return within 24 hours. |
| 503 - Extortion, blackmail, demanding or receiving money or anything of value in return for protection against others, or under threat of informing. |
| 506 - Threatening another with bodily harm or with any offense against another person, property, or family. |
| 509 - Refusing a direct order by any staff member to proceed to or disperse from a particular area. |
| 525 - Violating conditions of a furlough. |
| 557 - Refusing to participate in an available education or work program or other mandatory programming assignment. |
| 558 - Interfering with staff members, medical personnel, fire fighters, or law enforcement personnel in the performance of their duties. |
| 600 - Tampering with, damaging, blocking, or interfering with any locking or security device. |
| 605 - Impersonating any staff member, contracted staff member, volunteer, other offenders or visitor. |
| 653 - Causing an inaccurate count or interfering with count by means of unauthorized absence, hiding, concealing oneself, or other form of deception or distraction. |
| 654 - Counterfeiting, forgery, altering, falsification, or unauthorized reproduction of any document, article, or identification, money, security, or official paper. |
| 660 - Unauthorized possession of money or other negotiable instruments the value of which is five dollars or more. |
| 709 - Out-of-bounds: Being in another offender's cell or other area in the facility where not assigned or authorized; being in an area in the facility with one or more offenders without authorization. |
| 738 - Possession of clothing of a staff member. |
| 739 - Possession of personal information about currently employed staff, contractors, or volunteers, or their immediate family members, not voluntarily given to the offender by the individual involved; including, but not limited to: Social Security numbers, unpublished home addresses or telephone numbers, driver's license numbers, medical, personnel, financial, or real estate records, bank or credit card numbers, or other like information not authorized by the court or the superintendent. |
| 745 - Refusing a transfer to another institution. |
| 746 - Engaging in or inciting an organized hunger strike. |
| 777 - Causing injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain. |
| 813 - Unauthorized/unaccounted time in the community or being in an unauthorized location in the community. |
| 814 - Violation of an imposed special condition. |
| 831 - While in work release, failure to return from an authorized sign out. |
| 879 - Operating a motor vehicle without permission. |
| 508 - Throwing objects, materials, substances, or spitting at staff, visitors, or other offenders. |
| 517 - Committing a misdemeanor. |
| 555 - Theft of property or possession of stolen property. |
| 563 - Making a false fire alarm or tampering with, damaging, blocking, or interfering with fire alarms, fire extinguishers, fire hoses, fire exits, or other fire fighting equipment or devices. |
| 610 - Unauthorized accumulation of prescribed medication greater than a single or daily dose. |
| 620 - Receipt or possession of contraband during participation in off-grounds or outer perimeter activity or work detail. |
| 659 - Sexual harassment. |
| 663 - Using physical force, intimidation or coercion against any person. |
| 702 - Possession, manufacture or introduction of an unauthorized tool. |
| 708 - Organizing or participating in unauthorized group activity or meeting. |
| 714 - Giving, selling, borrowing, lending, or trading money or anything of value to, or accepting or purchasing money or anything of value from, another offender or that offender's friend(s) or family, the value of which is ten dollars or more. |
| 717 - Causing a threat of injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain. |
| 720 - Flooding a cell or other area of the institution/facility. |
| 724 - Refusing a cell or housing assignment. |
| 734 - Participating or engaging in the activities of any unauthorized club, organization, gang or security threat group; or wearing or possessing the symbols of an unauthorized club, organization, gang or security threat group. |
| 552 - Causing an innocent person to be penalized or proceeded against by providing false information. |
| 554 - Mutilating, altering, defacing, or destroying any item the value of which is ten dollars or more and that is not the personal property of the offender. |
| 559 - Gambling; possession of gambling paraphernalia. |
| 656 - Giving, receiving, or offering any person a bribe or anything of value for an unauthorized favor or service. |
| 706 - Giving false information when proposing a release plan. |
| 710 - Being tattooed while incarcerated, tattooing another, or possessing tattoo paraphernalia. |
| 718 - Use of mail or telephone in violation of court order or local, state, or federal law. |
| 726 - Telephoning or sending written communication or otherwise initiating communication with a minor without the approval of that minor's parent or guardian. |
| 727 - Telephoning or sending written communications to any person contrary to previous written warnings and/or documented disciplinary action. |
| 728 - Possession of any written photographic or hand drawn material, that depicts sexually explicit acts as defined in department policy. |
| 740 - Fraud, embezzlement, or obtaining goods, services, money, or anything of value under false pretense. |
| 742 - A pattern of creating a false emergency by feigning illness. |
| 778 - Providing a false and/or adulterated urine sample. |
| 551 - Providing false information to the disciplinary hearings officer or on a disciplinary appeal. |
| 606 - Possession, introduction, or transfer of any tobacco, tobacco products, matches, or tobacco paraphernalia. |
| 657 - Being found guilty of four or more general infractions arising out of separate incidents within a 90-day period. |
| 658 - Failing to comply with any administrative or posthearing sanction imposed for committing any general or serious infraction. |
| 662 - Soliciting goods or services for which the provider would expect payment when the offender knows or should know that no funds are available to pay for those goods or services. |
| 712 - Attempted suicide as determined by mental health staff. |
| 713 - Self-mutilation or self-harm. |
| 741 - Theft of food the value of which is more than five dollars. |
| 755 - Misuse or waste of issued supplies, goods, services, or property the replacement value of which is ten dollars or more. |
| 810 - Willful failure to seek/maintain employment or training oneself financially or being terminated from a job for negative or substandard performance. |
| 811 - Entering into an unauthorized contract. |
| 812 - Failure to report/turn in all earnings income. |
| 854 - Destroying or damaging state property, or the property of another person. |
| 861 - Performing or taking part in an unauthorized marriage. |
[]
OTS-8449.1
AMENDATORY SECTION(Amending WSR 05-16-033, filed 7/26/05,
effective 8/26/05)
WAC 137-28-260
Serious infractions.
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[Statutory Authority: RCW 72.01.090. 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. 04-07-163, § 137-28-260, filed 3/23/04, effective 4/23/04; 02-12-023, § 137-28-260, filed 5/28/02, effective 6/28/02. 01-22-094, § 137-28-260, filed 11/6/01, effective 12/6/01. Statutory Authority: RCW 72.01.090. 00-10-079, § 137-28-260, filed 5/2/00, effective 6/2/00; 97-03-041, § 137-28-260, filed 1/10/97, effective 2/4/97. 95-15-044, § 137-28-260, filed 7/13/95, effective 8/15/95.]
OTS-8372.2
AMENDATORY SECTION(Amending WSR 94-07-065, filed 3/14/94,
effective 5/1/94)
WAC 137-56-010
Definitions.
(1) "Secretary" is the
secretary of the department of corrections or his/her
designee.
(2) (("Director" is the director, division of community
services, department of corrections.
(3) "Assistant director" is the assistant director, division of community corrections, department of corrections or his/her designee and is the staff member assigned by the director to administer and supervise the work/training release programs in a specific geographic area.
(4))) "Department" is the department of corrections.
(((5))) (3) "Work/training release facility supervisor"
is a staff member assigned by the community corrections
regional administrator to administer and supervise a specific
work/training release facility and includes his/her designee.
(((6))) (4) "Work/training release community corrections
officer" is a staff member assigned by the work/training
release facility supervisor to supervise and counsel a
caseload of work/training release residents at a specific
work/training release facility.
(((7))) (5) "Contract staff" is the staff member(s) of an
agency under contract to the department of corrections to
provide housing and monitoring for work/training release
residents.
(((8) "Work/training release coordinator" is a staff
member assigned by the superintendent of an adult correctional
institution to act as liaison between the institution and
work/training release facility personnel.
(9))) (6) "Work/training release ((resident)) offender"
is any offender 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 work/training release facility.
(((10))) (7) "Sponsor-escort" is a responsible citizen
assigned to escort and monitor a resident during official and
social activities outside of the work/training release
facility.
(((11))) (8) "Work/training release facility" is an
establishment approved for housing and monitoring of
work/training release residents during the resident's stay in
a work/training release program.
(((12))) (9) "One working day" is a nine-hour day, 8:00
a.m. to 5:00 p.m. excluding weekends and holidays.
(10) "Hearing officer" means an employee of the department authorized to conduct disciplinary/department hearings.
(11) "Hearings program administrator" means the administrator of the hearings unit of the department, or the hearing program administrator's designee.
[94-07-065, § 137-56-010, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-010, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-010, filed 4/5/82. Formerly chapter 275-92 WAC.]
[94-07-065, § 137-56-015, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-039 (Order 86-04), § 137-56-015, filed 3/3/86.]
(1) To ((take)) participate in full-time employment or
part-time employment ((or to make application to or be
interviewed by a prospective employer)) at specialized
programs;
(2) To ((take)) participate in a vocational training
program, including attendance at an accredited college.
(3) To ((make use of transitional)) secure services to
support transition back to the community.
(4) As a sanction for violating ((release)) community
supervision conditions.
[94-07-065, § 137-56-030, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-030, filed 4/5/82. Formerly WAC 275-92-320.]
(a) He or she has a minimum security status;
(b) ((His or her minimum term has been fixed by the
indeterminate sentence review board;
(c))) He or she is within the last one hundred eighty
days of their confinement (((SRA offenders only))).
(2) ((Persons)) Offenders convicted of rape in the first
degree shall not be eligible for work/training release at any
time during the first three years of confinement.
(3) ((Persons)) Offenders convicted of murder first
degree are not eligible for work/training release, without the
written approval of the secretary.
(4) Offender who violates condition(s) of community supervision and is sanctioned to a term less than one hundred eighty days.
[94-07-065, § 137-56-040, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-040, filed 4/5/82. Formerly WAC 275-92-325.]
(2) The classification committee shall make its recommendations to the superintendent, giving written documentation of the information which the committee relied on and giving reasons for the recommendation.
(3) Probationers/parolees/SRA offenders may be referred by the superior court or indeterminate sentence review board.)) Based on the offender's request to participate in a work release program and/or the offender's need to transition through a work release program, the facility classification review team will refer the offender to the appropriate program.
(2) The community corrections officer can make recommendation for placement in a work release program as a result of violation of conditions of supervision in the community.
[94-07-065, § 137-56-050, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-050, filed 4/5/82. Formerly WAC 275-92-330.]
(2) The work/training release screening process will be
based on established criteria ((and any additional factors
which may affect the resident's ability to successfully
complete a work/training release program.
(3) The screening decision will be forwarded by the work/training release facility supervisor to the referral source indicating the action taken)).
[94-07-065, § 137-56-070, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-070, filed 4/5/82. Formerly WAC 275-92-340.]
(2) If approved, the resident shall sign and agree under oath, to the standard rules of work/training release. (See WAC 137-56-100.)
(3) If the plan is disapproved, the director, or his or her designee shall state the reasons for denial in writing with a copy to the superintendent and inmate and will set a date when the inmate can reapply.)) The work release supervisor or designee's screening decision will be documented by the work/training release facility supervisor/designee on the offender tracking system indicating the action taken.
(2) Approved offenders will be placed in the program based on priority with high risk offenders being placed first. Disapproved offenders can obtain the reasons for the denial, as documented on the offender tracking system.
[94-07-065, § 137-56-080, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-080, filed 4/5/82. Formerly WAC 275-92-345.]
(2))) The work or training site shall be within
reasonable commuting distance (in most circumstances not more
than fifty miles) of the work/training release facility ((or
institution)) in which the ((resident)) offender is confined.
(((3) If the resident has been placed in a work/training
release facility for the purpose of developing a plan and the
plan is not secured within a reasonable period of time as
determined by the department from the date of issuance of
transfer orders, the resident may be returned to the
institution without prejudice.
(4) A purpose of work/training release is to provide a transition period prior to release. Before a work/training release plan is approved, the staff will have a reasonable expectation that the resident will be released in a period of time which will normally not exceed six months. If a release date is not fixed within six months of placement in a work/training release plan, the assistant director, or his or her designee will review the case on an individual basis and may return the resident to the institution if it appears that the resident will be on work/training release for an extended period of time.))
[94-07-065, § 137-56-090, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-090, filed 4/5/82. Formerly WAC 275-92-350.]
(a) ((His/her rights and responsibilities;
(b) Acts prohibited in the work release facility; and)) Program goals and services available.
(b) Rules governing conduct and program rules.
(c) Disciplinary action which may be taken in the event
of a serious infraction or violation of ((local)) rules((.
(2) Each resident, upon entering the work release facility, shall be given a copy of the rules in this chapter and of all local rules of the work/training release facility to which he/she is assigned.
(3))) or special conditions. To include, but not be limited to:
(i) Remain confined to the work/training release premises at all times other than the time necessary to implement the plan or when authorized under WAC 137-56-140. Any work/training release resident approved for placement under a work/training release plan who willfully fails to report to his or her 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 himself or herself financially.
(iii) Not consume, ingest, inject, or possess nonprescription narcotic or "dangerous" drugs or controlled substances or alcoholic beverages.
(iv) Report all income to the work/training facility supervisor or his or her designee. All income from any source shall be immediately placed in the resident's inmate banking account by the facility supervisor or his/her designee. A receipt will be issued.
(2) All amendments or additions to ((this chapter and all
amendments or additions to local)) disciplinary rules,
policies, and procedures shall be posted at a specifically
designated place or places in each work/training release
facility in advance of their effective date if possible and
for at least thirty days after their effective date. Work/training release ((residents)) offenders shall be
responsible for informing themselves of such postings. Complete and up-to-date copies of these rules and all
((local)) program rules shall be available at each
work/training release facility for examination.
(((4))) (3) The work/training release facility supervisor
shall ensure that each work/training release resident has the
opportunity to understand rules which relate to his/her
conduct. If the resident is unable to read or understand
English, the rules shall be read to him/her promptly in
his/her accustomed language.
(4) All offenders will receive orientation within forty-eight hours of arrival. Orientation must be completed before the offender can leave the facility. The offender must sign the appropriate form indicating he/she will comply with all the work release policies and program rules.
[94-07-065, § 137-56-095, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-095, filed 2/21/86.]
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[99-16-078, § 137-56-110, filed 8/3/99, effective 8/18/99; 94-07-065, § 137-56-110, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-110, filed 2/21/86.]
(1) ((A)) Staff on duty twenty-four hours ((duty and an
office within the facility so that the staff can monitor the
activities of the residents)) a day, seven days a week;
(2) A check-in and check-out system to ensure that the
stated whereabouts of the ((resident)) offender is known at
all times, including checks ((on the resident)) at school,
work, furlough, sponsored outing, pass, etc.;
(3) Bed checks or head counts to account for the
resident's whereabouts; a minimum of three counts ((per
shift)) daily shall be required;
(4) Provide adequately for the resident with respect to sleeping quarters, bathroom facilities, and accommodations for cooking, dining, lounging and leisure time activities;
(5) Comply with state and local fire codes and applicable building, safety, and sanitation codes.
[94-07-065, § 137-56-120, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-120, filed 4/5/82. Formerly WAC 275-92-405.]
(1) When ((interviewing prospective employers)) 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) ((If enrolled in an on-campus training program and
housed in an on-campus facility, when participating in
customary and official on-campus activities or mandatory field
trips;
(4))) When authorized a point-to-point pass not to exceed
two hours, excluding travel, for the purpose of transacting
personal business including a treatment regimen, between the
hours of ((8:00)) 7:00 a.m. and 10:00 p.m. and/or outside that
time frame with written permission of the facility supervisor
or designee;
(((5))) (4) When authorized to participate in social and
recreational activities in company with a sponsor-escort
between 8:00 a.m. and midnight;
(((6))) (5) When on furlough;
(((7))) (6) When on authorized medical appointments or
court appearances;
(((8))) (7) When ordered to perform community service;
(8) When seeking employment as approved on an approved job search pass.
[94-07-065, § 137-56-140, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-140, filed 4/5/82. Formerly WAC 275-92-410.]
(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 ((assistant
director)) work release supervisor, or his or her designee.
(3) Sponsor-escorts must complete a sponsor orientation provided by the work/training release facility before eligibility under this section.
(4) Sponsor-escorts may not be party to an active no-contact order with the offender.
[94-07-065, § 137-56-150, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 82-08-055 (Order 82-06), § 137-56-150, filed 4/5/82. Formerly WAC 275-92-415.]
(2) Without limiting the authority of the secretary under subsection (1) of this section, a work/training release plan may be terminated or disciplinary action taken by the classification/disciplinary committee pursuant to this chapter)) or jail. A work release offender may be terminated from the program as a result of a disciplinary or classification decision or the following:
(((a))) (1) If requested in writing by the work/training
release ((resident)) offender;
(((b) If the work/training release facility refuses to
accept or continue to serve the work/training release resident
in accordance with its contract with the department;
(c) If the plan is discontinued or modified so that it no longer meets agency standards or if the work/training release resident becomes unable to comply with the terms of the plan;
(d))) (2) If the work/training release ((resident))
offender lacks aptitude for the assignment or is improperly
placed; or
(((e))) (3) If the work/training release ((resident))
offender has been unable to adjust or adapt to the conditions
of the work/training release facility; or
(((f) If the work/training release resident has
demonstrated through his or her behavior an unwillingness to
respond to counseling by staff; or
(g))) (4) If the work/training release ((resident's))
offender's situation and circumstances have significantly
changed; or
(((h))) (5) If the work/training release ((resident))
offender has failed to comply with federal or state laws or
local ordinances((; or
(i) If the work/training release resident has failed to comply with standard work/training release rules as enumerated in WAC 137-56-100; or
(j) If the work/training release resident has failed to comply with such other written facility rules as are promulgated by the facility supervisor; or
(k) If the work/training release resident has failed to comply with such other specific restrictions or behavior expectations which have previously been called to the attention of the work/training release resident by the work/training release facility supervisor and are documented in writing; or
(l) If the work/training release resident has committed a serious infraction as enumerated in WAC 137-56-110)).
[94-07-065, § 137-56-160, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-160, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-160, filed 4/5/82. Formerly WAC 275-92-510.]
(2) The work/training release facility supervisor or
designee shall advise the ((resident)) offender in writing of
the factual allegations which provide the basis for the
proposed disciplinary action within one working day after the
suspension of the work/training release plan.
(3) If the work/training release plan is not suspended pending the disciplinary hearing, then the facility supervisor or designee shall advise the offender at least twenty-four 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 that the work/training release ((resident))
offender shall have notice of such new and/or amended
allegations at least twenty-four hours prior to the
disciplinary hearing unless such notice shall be waived in
writing by the ((resident)) offender.
[94-07-065, § 137-56-170, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-170, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-170, filed 4/5/82. Formerly WAC 275-92-515.]
(2) At institutions, prerelease facilities, and noncontract work/release facilities, a single hearing officer or the classification committee may serve as the disciplinary hearing committee for work/training release residents housed at those facilities. If the hearing is conducted by a single hearing officer, the hearing must be taped and the tape kept for a minimum of one hundred twenty days after the date of the appeal decision or court action, whichever is later.
(3) No person making an allegation involved in the incident, or called as a witness, shall be a member of the disciplinary hearing committee. Persons called as witnesses must be approved by the disciplinary hearing committee chairperson and must have information or facts which are relative to the allegations being considered. In the event that an individual is disqualified, or disqualifies himself or herself, under this rule or for any other reason, a replacement may be designated by the facility supervisor.)) When addressing serious infractions, the work/training release community corrections officer may, with the facility supervisor's permission, choose to address the infraction behavior using either a department authorized stipulated agreement or the negotiated sanction agreement process.
[94-07-065, § 137-56-175, filed 3/14/94, effective 5/1/94.]
(a) The ((resident)) offender shall be present at all
stages of the hearing, except during deliberation in
appropriate circumstances.
(b) The ((resident)) offender shall present his or her
own case to the ((disciplinary hearing committee/))hearing
officer. If there is a language or communications barrier,
the ((disciplinary hearing committee chairperson/))hearing
officer shall appoint an advisor.
(c) The ((resident)) offender may have an attorney
present at his/her expense, only when a felony has been
alleged. Such representation is limited to advising the
((resident)) offender of his or her rights to remain silent,
and does not include the right to act as an advocate
throughout the hearing.
(d) The ((resident)) offender may testify during the
hearing or remain silent, and his or her silence will not be
held against him or her.
(e) The work/training release ((resident)) offender may,
in preparation for the hearing, ask the ((disciplinary hearing
committee chairperson/))hearing officer that certain
department or contract staff members, other work/training
release ((residents)) offenders, and other persons be present
as witnesses at the hearing. The ((disciplinary hearing
committee/))hearing officer shall grant such request if it is
determined by the ((disciplinary hearing committee
chairperson/))hearing officer that to do so would not be
unduly hazardous to the work/training release facility's
safety or correctional goals: Provided, however, Limitations
may be made by the ((disciplinary committee)) 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 work/training release ((resident's))
offender's case.
(2) Attendance at the hearing shall be limited to parties
directly concerned. The ((disciplinary hearing committee
chairperson/))hearing officer may exclude unauthorized
persons.
(3) ((The disciplinary hearing committee/hearing officer
shall make an evaluation of the resident and may make a
recommendation to the indeterminate sentence review board
regarding good time credits and readiness for parole.))
Hearings shall be recorded and a copy of the recording
maintained in accordance with the statewide retention
schedule.
[95-22-060, § 137-56-180, filed 10/30/95, effective 12/1/95. 94-07-065, § 137-56-180, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-180, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-180, filed 4/5/82. Formerly WAC 275-92-520.]
(2) The ((resident)) offender 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
((resident)) offender, he or she 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
work/training release status, good time credits and/or the
extension of the minimum term.
[94-07-065, § 137-56-200, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-200, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-200, filed 4/5/82. Formerly WAC 275-92-530.]
(2) All evidence material to the issues raised in the
hearing shall be offered into evidence. All evidence forming
the basis for the ((department's)) hearing officer's decision
in a matter shall be offered into evidence.
(3) The work/training release ((resident)) offender shall
be allowed to call witnesses approved by the ((disciplinary
hearing committee chairperson)) hearing officer pursuant to
WAC 137-56-180 (1)(e) and to present documentary evidence in
his/her defense at the hearing when permitting the
work/training release ((resident)) offender to do so will not
be unduly hazardous to the work/training release facility'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 ((disciplinary hearing committee
chairperson)) hearing officer to be irrelevant, immaterial,
unnecessarily duplicative of other information and/or
testimony before the ((disciplinary hearing committee))
hearing officer, or otherwise found to be unnecessary to the
adequate presentation of the work/training release
((resident's)) offender's case. The testimony of all
witnesses from outside the work/training release facility
shall be considered in writing. In the event the
((disciplinary hearing committee chairperson)) hearing officer
determines that the presence of a witness is appropriate, the
((disciplinary hearing committee)) 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 ((disciplinary hearing committee))
hearing officer may, in ((its)) his or her discretion,
consider the written testimony previously submitted.
(4) The work/training release ((resident)) offender may
question witnesses against him/her at the discretion of the
((disciplinary hearing committee chairperson)) hearing
officer. If the ((disciplinary hearing chairperson)) hearing
officer determines that a source of information would be
subject to risk or harm if his/her 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
((disciplinary hearing chairperson)) hearing officer shall,
out of the presence of all work/training release ((residents))
offenders 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 ((disciplinary hearing
chairperson)) hearing officer, off the record. The
((disciplinary hearing chairperson)) 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 ((disciplinary hearing
chairperson)) 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 ((disciplinary hearing chairperson)) 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 ((resident))
offender, may be received. Such evidence may include copies
of documents, excerpts from documents and incorporation of
written material by reference, including depositions.
(6) ((The chairperson of the disciplinary hearing
committee may exclude relevant evidence if the probative value
is outweighed by the danger of unfair prejudice, confusion of
the issues, misleading the committee or by considerations of
undue delay, waste of time, or needless presentation of
cumulative evidence.
(7))) The ((disciplinary hearing committee)) hearing
officer should determine if the ((resident)) offender is
competent to understand the charges and proceedings or needs
an interpreter to participate therein. If the ((resident))
offender is not competent or needs an interpreter, the
((disciplinary hearing committee)) hearing officer should
postpone the hearing to secure a report on the competency of
the ((resident)) offender, provide an interpreter, or take
such other action as will assure the fairness and orderliness
of the hearings.
[95-22-060, § 137-56-210, filed 10/30/95, effective 12/1/95. 94-07-065, § 137-56-210, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-210, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-210, filed 4/5/82. Formerly WAC 275-92-535.]
(2) If the ((disciplinary hearing committee)) hearing
officer determines that the allegations have not been proven
by a preponderance of the evidence presented at the hearing,
the ((resident)) offender shall be restored/continued on
work/training release status.
(3) If the ((disciplinary hearing committee)) hearing
officer determines that one or more of the allegations have
been proven by a preponderance of the evidence presented at
the hearing, the ((disciplinary hearing committee)) hearing
officer will proceed to a disposition.
[94-07-065, § 137-56-220, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-220, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-220, filed 4/5/82. Formerly WAC 275-92-540.]
(2) The ((disciplinary hearing committee)) hearing
officer will consider the ((resident's)) offender's total
background, adjustment on work/training release, attitude,
recommendations of interested parties, and any other
information relative to the ((resident's)) offender's ability
to continue in the program. The ((disciplinary hearing
committee)) hearing officer shall make a determination as to
whether or not the ((resident)) offender 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 ((resident's))
offender's minimum term.
(((2))) (3) The ((resident)) offender 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 in his or her own behalf.
[94-07-065, § 137-56-230, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-230, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-230, filed 4/5/82. Formerly WAC 275-92-545.]
(a) Restore the work/training release ((resident))
offender to his or her work/training release status under the
same or modified conditions as the original plan; or
(b) Restrict the ((resident)) offender to the
work/training release facility for up to thirty days; or
(c) Require restitution be made by the work/training
release ((resident)) offender; or
(d) Require extra duty to be performed by the
((resident)) offender; or
(e) Revoke approval of an approved sponsor; or
(f) Deny good conduct time; or
(g) ((Require additional time in prerelease; or
(h))) Terminate the work/training release plan and return
the work/training release ((resident)) offender to an
institution/jail, or facility((; or
(i) Refer the offender to the court or the indeterminate sentence review board for final disposition)).
(2) Nothing in this section shall preclude subsequent
reclassification of the work/training release ((resident))
offender or placement into administrative segregation if
demonstrable cause exists to support this action.
(3) The ((facility supervisor or designee)) hearing
officer shall notify the ((resident)) offender 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 ((disciplinary hearing committee))
hearing officer relied and shall include a description of the
circumstances surrounding the allegation(s) upon which the
termination of the work/training release is based, the reasons
for the decision, a discussion of the ((resident's))
offender's personal culpability in the actions which have led
to the termination, and an evaluation of the ((resident's))
offender's progress, attitudes, need for further programs
including work training alternatives ((and readiness for
release)).
[94-07-065, § 137-56-240, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-240, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-240, filed 4/5/82. Formerly WAC 275-92-550.]
(1) Affirm, or affirm and modify to a lesser sanction the
decision of the ((facility disciplinary hearing committee))
hearing officer; or
(2) Reverse the decision of the ((facility disciplinary
hearing committee)) hearing officer; or
(3) Remand ((the decision for additional findings or))
for a rehearing.
[95-22-060, § 137-56-250, filed 10/30/95, effective 12/1/95. 94-07-065, § 137-56-250, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-250, filed 2/21/86; 83-10-042 (Order 83-05), § 137-56-250, filed 5/2/83; 82-08-055 (Order 82-06), § 137-56-250, filed 4/5/82. Formerly WAC 275-92-555.]
The following sections of the Washington Administrative Code are repealed:
| WAC 137-56-060 | Application -- Decision. |
| WAC 137-56-100 | Standard rules. |