Purpose: Revise the procedures for operation of work release and standardize serious infractions for prison and work release offenders.

     Citation of Existing Rules Affected by this Order: Repealing WAC 137-28-260; and amending chapter 137-56 WAC.

     Statutory Authority for Adoption: RCW 72.01.090, 72.09.130, and 9.94.070.

      Adopted under notice filed as WSR 05-21-105 on October 18, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 23, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 23, Repealed 1.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 23, Repealed 1.

     Date Adopted: November 28, 2005.

H. W. Clarke

Secretary

OTS-8448.1

[]

     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.

[]

Category A

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.

Category B

762 - Failing to comply with DOSA requirements.

Category B - Level 1

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.

Category B - Level 2

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.

Category B - Level 3

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.

Category C - Level 1

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.

Category C - Level 2

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.

Category C - Level 3

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.

     Definitions: Attempting to commit or aiding another person to commit a serious infraction - such action shall be considered the same as commission of the offense itself.

[]

OTS-8449.1

AMENDATORY SECTION(Amending WSR 05-16-033, filed 7/26/05, effective 8/26/05)

WAC 137-28-260   Serious infractions.  

(((1) Assault/threatening actions/causing injury to another person
501		-	Committing homicide.
502		-	Aggravated assault on another offender.
503		-	Extortion, blackmail, or demanding or receiving money or anything of value in return for protection against others, or under threat of informing.
505		-	Fighting with any person.
506		-	Threatening another with bodily harm or with any offense against another person, property or family.
508		-	Throwing objects, materials, substances or spitting at staff, visitors, or other inmates.
511		-	Aggravated assault on a visitor.
521		-	Taking or holding any person hostage.
588		-	Causing a valid and documented threat of transmission of a contagious disease to any person due to intentional, negligent or reckless action.
604		-	Aggravated assault on a staff member.
611		-	Sexual assault on a staff member.
612		-	Attempted sexual assault of staff.*
613		-	Abusive sexual contact with staff.
633		-	Assault on another offender.
635		-	Sexual assault on another offender.
636		-	Attempted sexual assault on another offender.*
637		-	Abusive sexual contact with another offender.
663		-	Using physical force, intimidation or coercion against any person.
704		-	Assault on a staff member.
711		-	Assault on a visitor.
717		-	Causing a threat of injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain.
777		-	Causing injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain.
	Unauthorized possession
559		-	Gambling; possession of gambling paraphernalia.
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 components thereof.
620		-	Receipt or possession of contraband during participation in off-grounds or outer perimeter activity or work detail.
660		-	Unauthorized possession of money, stamps, or negotiable instruments, the value of which is five dollars or more.
702		-	Possession, manufacture or introduction of an unauthorized tool.
736		-	Possession, manufacture or introduction of unauthorized keys.
738		-	Possession of the 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, drivers 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.
	Tattooing
710		-	Being tattooed while incarcerated, tattooing another, or possessing tattoo paraphernalia.
	Theft/possession of stolen property
555		-	Theft of property or possession of stolen property.
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.
	Forgery
654		-	Counterfeiting, forging, altering or unauthorized reproduction of any document, article of identification, money, security, or official paper.
	Setting fire, damaging or destroying property
553		-	Setting a fire.
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 inmate.
563		-	Making a false fire alarm, tampering, damaging, blocking or interfering with fire alarms, fire extinguishers, fire hoses, fire exits, or other fire fighting equipment or devices.
600		-	Tampering with, damaging, blocking, or interfering with any locking or security device.
720		-	Flooding a cell or other area of the institution.
	Inciting others/participation in unacceptable group behavior
650		-	Rioting.
651		-	Inciting others to riot.
652		-	Engaging in or inciting a group demonstration.
682		-	Engaging in or inciting an organized work stoppage.
708		-	Organizing or participating in an unauthorized group activity or meeting.
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.
746		-	Engaging in or inciting an organized hunger strike.
	Inappropriate sexual behavior
504		-	Engaging in sexual acts with others with the exception of spouses during approved extended family visits.
659		-	Sexual harassment; any word, action, gesture or other behavior that is sexual in nature and that would be offensive to a reasonable person.
728		-	Possession of any written, photographic or hand-drawn material that depicts a sexually explicit act as defined in WAC 137-28-160.
750		-	Indecent exposure.
	Providing false statements
551		-	Providing false information to a disciplinary hearing officer or on a disciplinary appeal.
552		-	Causing an innocent person to be penalized or proceeded against by providing false information.
706		-	Giving false information about proposed community residence when proposing a release plan, community placement, etc.
	Interfering with staff/impersonating
558		-	Interfering with staff members, medical personnel, fire fighters, or law enforcement personnel in the performance of their duties.
605		-	Impersonating any staff member, other inmate or visitor.
	Failure to follow orders and rules
509		-	Refusing a direct order by any staff member to proceed to or disperse from a particular area.
556		-	Refusing to submit to or cooperate in a search when ordered to do so by a staff member.
557		-	Refusing to participate in an available education or work program or other mandatory programming assignment.
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.
658		-	Failing to comply with any administrative or posthearing sanction imposed for committing any general or serious infraction.
724		-	Refusing a cell or housing assignment.
745		-	Refusing a transfer to another facility.
	Counts/unauthorized absence
653		-	Causing an inaccurate count by means of unauthorized absence, hiding, concealing ones self or other form of deception or distraction.
	Escape/attempted escape
525		-	Violating conditions of furlough.
550		-	Escape or attempted escape.
560		-	Unauthorized possession of items or materials likely to be used in an escape attempt.
	Committing crimes/excess infractions
507		-	Committing any act that is a felony under state or federal law that is not otherwise included in these rules.
517		-	Committing any act that is a misdemeanor under local, state, or federal law that is not otherwise included in these rules.
657		-	Being found guilty of four or more general infractions which have been reported in writing arising out of separate incidents, all of which occur within a six-month period.
	Unacceptable communication
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 actions.
	Misuse of controlled substances, drugs, alcohol and related programs
603		-	Possession, introduction, or transfer of any narcotic, controlled substance, illegal drug, unauthorized drug or drug paraphernalia.
606		-	Possession, introduction or transfer of any tobacco, tobacco products, matches, or tobacco paraphernalia.
607		-	Refusing to submit to a urinalysis and/or failure to provide a urine sample when ordered to do so by a staff member.
608		-	Refusing or failing to submit to a breathalyzer or other standard sobriety test when ordered to do so by a staff member.
610		-	Unauthorized accumulation of prescribed medication greater than a single or daily dose.
655		-	Making intoxicants, alcohol, controlled substances, narcotics, or the possession of ingredients, equipment, items, formulas or instructions that are used in making intoxicants, alcohol, controlled substances, or narcotics.
707		-	Possession, introduction, or transfer of any alcoholic or intoxicating beverage.
716		-	Unauthorized use of drugs, alcohol or other intoxicants.
752		-	Receiving a positive test for use of unauthorized drugs, alcohol, or other intoxicants.
	Soliciting/fraud
656		-	Giving, offering or receiving from any person a bribe or anything of value for an unauthorized favor or service.
662		-	Soliciting goods or services for which the provider would expect payment when the inmate knows or should know that no funds are available to pay for those goods or services.
714		-	Giving, selling, borrowing, lending, or trading money or anything of value to, or accepting or purchasing money or anything of value from, another inmate or that inmate's friend(s) or family, the value of which is ten dollars or more.
740		-	Fraud, embezzlement, or obtaining goods, services, money, or anything of value under false pretense.
	Creating an emergency situation
712		-	Attempted suicide as determined by mental health staff.
713		-	Self-mutilation or self-harm.
742		-	Creating a false emergency by feigning illness when contrary to medical/mental health screening results.
744		-	Making a bomb threat.
(2) In determining whether a #728 infraction or a #328 infraction pursuant to WAC 137-28-220 should be charged, the infracting officer shall consider mitigating factors as defined in WAC 137-28-160.
*Attempts to commit infractions #611 or #635 are now separate infractions #612 and #636 for the Prison Rape Elimination Act (PREA) reporting purposes only and do not impact the definition in WAC 137-28-160 which includes "attempts."))

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

[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.]

     (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.]

     (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.]

((Infraction Code			Act/Omission
800	-	Creating a risk to the orderly operation of the facility or the health and safety of its residents, staff, or visitors.
801	-	Assaulting any person which results in the hospitalization of the person assaulted.
802	-	Assaulting any person.
803	-	Extortion, blackmail, demanding or receiving money or anything of value in return for protection against others, or under threat of informing.
804	-	Engaging in sexual acts with others within the facility boundaries.
805	-	Fighting with any person, provided, however, that self-defense may be a defense to a serious infraction for fighting.
806	-	Threatening another with bodily harm or with any offense against his/her person.
810	-	Intentionally failing to seek or maintain employment or training or to maintain oneself financially.
811	-	Entering into an unauthorized contract.
812	-	Failing to report or turn in all earnings or income.
813	-	Modifying a work release plan by the releasee without authorization.
814	-	Violating a special condition of work release plan.
815	-	Failing to comply with all federal, state, and local laws, or court orders.
816	-	Tampering with or blocking any locking device.
817	-	Possessing or introducing into the facility an explosive or any ammunition or components of explosives or ammunitions.
818	-	Possessing or introducing into the facility any unauthorized tool.
819	-	Possessing or introducing into the facility any gun, firearm, weapon, sharpened instrument, knife, or components thereof.
821	-	Holding a person hostage or restraining a person against his/her will.
825	-	Violating conditions of furlough.
830	-	Escaping/absconding with voluntary return within twenty-four hours.
831	-	Failing to return to the facility from an authorized sign out.
832	-	Escape from the facility.
833	-	Using physical force in the act of escape.
834	-	Escape and apprehension out-of-state.
842	-	Receiving a positive test result for use of marijuana.
843	-	Possessing, introducing, or using alcohol.
844	-	Possessing or introducing marijuana or related paraphernalia.
845	-	Possessing, introducing, or transferring any narcotics, controlled substance, or related paraphernalia unless authorized by the supervisor pursuant to a valid prescription or order issued in the course of professional treatment by a licensed medical practitioner.
846	-	Refusing to submit to a urinalysis, breathalyzer, or other sobriety test.
847	-	Receiving a positive test result for use of unauthorized drugs, controlled substances or intoxicants.
851	-	Lying to a hearing committee.
852	-	Lying to a staff member which causes an innocent person to be penalized, disciplined, or proceeded against.
853	-	Intentionally or recklessly setting a fire.
854	-	Intentionally or recklessly destroying or damaging state property, or the property of another person.
855	-	Stealing (theft) or knowingly possessing stolen property.
856	-	Refusing to submit to a body search when lawfully ordered to do so by staff.
857	-	Refusing and/or failing to work or attend regularly scheduled assignments.
858	-	Intentionally interfering with a staff member in the performance of his/her duties.
859	-	Gambling.
860	-	Possessing money or other negotiable instruments without prior authorization.
861	-	Performing or participating in a marriage ceremony in the facility or on the facility grounds, except when such marriage was approved by the supervisor.
870	-	Rioting.
871	-	Inciting others to riot.
872	-	Engaging in or inciting prohibited group demonstration.
873	-	Intentionally interfering with the taking of count.
874	-	Counterfeiting, forging, falsification, or unauthorized reproduction of any document, article of identification, money, security, or official paper.
875	-	Making intoxicants, narcotics, or other controlled substances.
876	-	Giving or offering any official staff member or volunteer a bribe or anything of value for favor or unauthorized service.
877	-	Committing four or more general infractions within a ninety-day period all of which arise out of separate incidents and have been reported in writing.
878	-	Intentionally failing to comply with an administrative or post-hearing sanction.
900	-	Attempting to commit or aiding another person to commit a serious infraction as enumerated in this section. Such action shall be considered the same as commission of the offense itself.
901	-	Operating a motor vehicle without permission.))

[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.]

     (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.