WSR 07-12-073

PERMANENT RULES

DEPARTMENT OF CORRECTIONS


[ Filed June 5, 2007, 9:47 a.m. , effective July 6, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Administrative updates and changes to the listed WAC chapters. The changes update statutory and other references, update titles of executive management, change addresses and other similar changes which do not change the effect of the rules.

Citation of Existing Rules Affected by this Order: Amending WAC 137-04-020 Structure of the department; WAC 137-08-010, 137-08-060, 137-08-150, and 137-08-160, public records; WAC 137-10-005 Petition for rule; WAC 137-67-015 Transfer of foreign citizens; WAC 137-68-010 Interstate corrections compact; WAC 137-70-060 and 137-70-070, criminal justice costs; WAC 137-75-020 Jail costs; and WAC 137-80-020, correctional industries.

Statutory Authority for Adoption: RCW 72.01.090.

Adopted under notice filed as WSR 07-08-081 on April 14 [2], 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 12, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 12, Repealed 0.

Date Adopted: June 5, 2007.

H. W. Clarke

Secretary

OTS-9562.1


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-80-020   Definitions.   (1) "Secretary" means the secretary of the department of corrections or his/her designee.

(2) "Program administrator" means the administrator of the institutional industries program appointed by the secretary.

(3) "Institutional industries board of directors" means the board established by the authority of the Corrections Reform Act of 1981, RCW 72.09.070.

(4) "Free venture industries" means any industry producing goods or services for sale to both the public and private sector which is operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. Inmates shall be paid a wage by the organization of not less than sixty percent of the approximate prevailing wage within the state for the occupation, as determined by the director, or minimum wage, whichever is greater.

(5) "Tax reduction industries" means any state-owned and operated enterprises designed to reduce the cost for services and goods for tax supported agencies and for nonprofit organizations which assist persons who are poor or infirm. Products of these enterprises may be sold to public agencies and to nonprofit organizations which assist persons who are poor or infirm. Inmates shall be paid for their work on a gratuity scale, approved by the director, which shall not exceed the federal minimum wage.

(6) "Institutional support industries" means any industry operated by the department of corrections designed and managed to provide basic work training and experience to the inmate. All able and eligible inmates who are assigned work and who are not working in other classes of industries are included in this class. Inmates shall be paid for their work in accordance with an inmate gratuity scale adopted by the secretary.

(7) "Community work industries" means any industry operated by the department of corrections designed and managed to provide services in the inmate's resident community at a reduced cost. Services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations which assist the poor or infirm. Inmates shall receive a gratuity from a unit of local government which shall not exceed the minimum wage.

(8) "Community restitution programs" means any program operated by the state, local unit of government, or a nonprofit agency which assists persons who are poor or infirm which is subject to supervision by the department of corrections which enables an offender, placed on probation, to work off all or part of a community service order as ordered by the sentencing court.

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

(10) "Institutional industries" means the program within the department of corrections ((office of correctional operations)) charged with developing and managing comprehensive work programs to provide work skills, work experience and exposure to the work ethic for offenders under the jurisdiction of the department.

[Statutory Authority: RCW 72.01.090. 03-21-088, 137-80-020, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.09.050 and chapter 34.04 RCW. 82-18-042 (Order 82-11), 137-80-020, filed 8/27/82.]

OTS-9561.1


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-75-020   Definitions.   As used in this chapter, the following words shall have the following meanings:

(1) "Secretary" shall mean the secretary of the department of corrections or the secretary's designee;

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

(3) "Deputy secretary" shall mean the deputy secretary, ((office of correctional operations)) prisons division or his/her designee.

(4) "Institution" shall mean a facility designated in RCW 72.01.050(2), any similar facility hereafter established, and a work release facility;

(5) "Work release facility" shall mean a community residence operated pursuant to chapter 72.65 RCW;

(6) "Jail" shall mean a city or county holding facility as defined in RCW 70.48.020(1);

(7) "Parole hold" shall mean a detention of a person pursuant to an order of parole suspension or revocation issued in accordance with RCW 9.95.120;

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

[Statutory Authority: RCW 72.01.090. 03-21-088, 137-75-020, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.01.090 and 1984 c 235. 84-15-053 (Order 84-09), 137-75-020, filed 7/17/84, effective 9/2/84.]

OTS-9560.1


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-70-060   Billing procedure.   (1) All requests for reimbursement under this chapter must be submitted on a standard Washington State Invoice Voucher Form, A-19, in triplicate, showing the total reimbursement requested, accompanied by a completed request for reimbursement form issued by the department. The vouchers and form should be mailed or delivered to the Department of Corrections, ((Office of Administrative Services,)) Contracts and Legal Affairs, P.O. Box 41114, Olympia, Washington 98504-1114.

(2) The department may require the requesting political subdivision to submit such other documentation and information the department deems necessary to further support or explain the request.

[Statutory Authority: RCW 72.01.090. 03-21-088, 137-70-060, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.72.040. 85-07-017 (Order 85-04), 137-70-060, filed 3/11/85; 84-11-033 (Order 84-06), 137-70-060, filed 5/14/84; 82-17-044 (Order 82-10), 137-70-060, filed 8/16/82.]


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-70-070   Department review.   (1) All requests for reimbursement shall be reviewed by the administrator.

(2) The administrator shall approve or disapprove the requests for payment. If a request is disapproved in total or in part, the administrator shall notify the requesting political subdivision in writing, setting forth the reasons for disapproval.

(3) The administrator's decision shall be final unless appealed to the department's impact appeals panel within twenty days after a political subdivision receives notice of disapproval. The impact appeals panel shall be composed of the deputy secretary, ((office of correctional operations)) prisons division and the deputy secretary, ((office of)) administrative services division, or his/her designee.

(4) An appeal from the administrator's decision disapproving a political subdivision's request for reimbursement must be in writing and must set forth the reasons why the political subdivision believes its request should be approved. The appeal shall be addressed to the Impact Appeals Panel, Department of Corrections, P.O. Box 41114, Olympia, WA 98504-1114, attention: Contracts and Legal Affairs.

(5) The decision of the impact appeals panel shall be deemed to be the department's final administrative action with respect to the appeal.

[Statutory Authority: RCW 72.01.090. 03-21-088, 137-70-070, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.72.040. 87-03-029 (Order 86-07), 137-70-070, filed 1/14/87; 85-07-017 (Order 85-04), 137-70-070, filed 3/11/85; 84-11-033 (Order 84-06), 137-70-070, filed 5/14/84; 82-17-044 (Order 82-10), 137-70-070, filed 8/16/82.]

OTS-9554.1


AMENDATORY SECTION(Amending WSR 01-03-079, filed 1/16/01, effective 2/16/01)

WAC 137-04-020   Structure of the department.   (1) The executive head of the department is the secretary who is appointed by the governor with the consent of the senate, and serves at the pleasure of the governor. The secretary manages the department and is responsible for the administration of adult correctional programs, including but not limited to the operation of all state correctional institutions or facilities used for the confinement of convicted felons.

(2) The department is organized into three ((offices: The office of the secretary; the office of correctional operations; and the office of administrative services. The office of correctional operations and the office of administrative services are)) divisions and three subdepartments: The prisons division, the community corrections division, the administrative services division, the communications department, the health services department and the risk management department. Each division is headed by a deputy ((secretaries)) secretary who reports to the secretary. The responsibilities of ((these offices)) each division are:

(a) ((The office of the secretary is responsible for providing a variety of services for the department, including, government relations and constituent affairs, public information, planning and research, quality programs, workplace diversity, and victim witness and community protection.

(b))) The ((office of correctional operations)) prisons division is responsible for ((the supervision of adult felony offenders placed under the department's jurisdiction by the superior courts or the indeterminate sentencing review board and)) the operation of all adult correctional facilities, including the Washington State Penitentiary; the Washington Corrections Center; the Monroe Correctional Complex; the McNeil Island Corrections Center; the Airway Heights Corrections Center; the Clallam Bay Corrections Center; the Stafford Creek Corrections Center; the Washington Corrections Center for Women; the Cedar Creek Corrections Center; the Coyote Ridge Corrections Center; the Larch Corrections Center; the Olympic Corrections Center; the Ahtanum View assisted living facility; the Pine Lodge ((prerelease facility)) Corrections Center for Women; ((the Tacoma prerelease facility)) the Mission Creek Corrections Center for Women; and such other state correctional institutions, camps or facilities as may hereafter be established. ((The office of correctional operations is also responsible for the supervision of adult felony offenders within the community, including offenders in the work release program and other community residential programs.)) The ((office also administers)) division includes the correctional industries((, all offender)) program((s, and policy)).

(b) The community corrections division is responsible for the supervision of adult felony offenders within the community, including offenders in the work release program and other community residential programs.

(c) The ((office of)) administrative services division is responsible for providing a variety of services to the other ((offices)) divisions of the department including financial and management services; information technology; capital planning and development; ((siting;)) rules, contracts, ((and public disclosure;)) budget development and planning and research; and human resources((; and risk management and safety)).

[Statutory Authority: RCW 42.17.250. 01-03-079, 137-04-020, filed 1/16/01, effective 2/16/01; 82-04-023 (Order 82-3), 137-04-020, filed 1/26/82.]

OTS-9555.1


AMENDATORY SECTION(Amending Order 82-3, filed 1/26/82)

WAC 137-08-010   Purpose.   The purpose of this chapter shall be to ensure compliance by the department of corrections with the provisions of the Public Records ((Disclosure)) Act, chapter 42.56 RCW ((42.17.250 through 42.17.340)).

[Statutory Authority: RCW 42.17.250. 82-04-023 (Order 82-3), 137-08-010, filed 1/26/82.]


AMENDATORY SECTION(Amending Order 86-05, filed 4/29/86)

WAC 137-08-060   Public records available.   (1) Requests for any identifiable public record may be initiated at any office of the department during normal business hours.

(2) The department shall at all times take the most timely possible action on requests for disclosure, and shall be required to respond in writing within ((ten)) five working days of receipt of the request for disclosure. The department's failure to so respond shall entitle the person seeking disclosure to petition the public disclosure officer pursuant to WAC 137-08-140.

[Statutory Authority: RCW 10.97.080 and 42.17.320. 86-10-010 (Order 86-05), 137-08-060, filed 4/29/86. Statutory Authority: RCW 10.97.080, 42.17.250 and 72.01.090. 85-13-020 (Order 85-06), 137-08-060, filed 6/10/85. Statutory Authority: RCW 42.17.250. 82-04-023 (Order 82-3), 137-08-060, filed 1/26/82.]


AMENDATORY SECTION(Amending Order 85-06, filed 6/10/85)

WAC 137-08-150   Exemptions to public records disclosure.   The department reserves the right to determine if a public record requested in accordance with the procedures outlined in WAC 137-08-090 is exempt or nondisclosable under RCW ((42.17.250 through 42.17.340)) 42.56.210 through 42.56.480.

Nondisclosable records include, but are not limited to:

(1) Personal information in any files concerning a prisoner, probationer, or parolee to the extent required by RCW ((42.17.310 (1)(a))) 42.56.230(1); however, disclosure may be made to that person or that person's representative, except as otherwise prohibited by these rules;

(2) Data (including information revealing the identity of persons who file complaints, except as the complainant may authorize) contained in intelligence, investigative, and other related files compiled by investigative, law enforcement or penology agencies, and state agencies vested with the responsibility to discipline members of any profession. This data is nondisclosable to the extent required by RCW ((42.17.310 (1)(d) and (e))) 42.56.240, 10.97.080 and chapter 446-20 WAC;

(3) Certain juvenile justice or juvenile care records to the extent required by chapter 13.50 RCW;

(4) Personal information in files maintained for an employee of the department to the extent required by RCW ((42.17.310 (1)(b))) 42.56.230;

(5) Deliberative material, as opposed to facts upon which a decision is based, contained in preliminary drafts, notes, recommendations, and intraagency memoranda in which opinions are expressed or policies formulated or recommended; except that a specific record shall be disclosable when publicly cited by the department in connection with any action to the extent required by RCW ((42.17.310 (1)(i))) 42.56.290;

(6) Records which are relevant to a controversy to which the department is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts, including records involving attorney-client communications between the department and the office of the attorney general privileged under RCW 5.60.060(2).

(7) Criminal history records information the disclosure of which is prohibited by chapter 10.97 RCW.

[Statutory Authority: RCW 10.97.080, 42.17.250 and 72.01.090. 85-13-020 (Order 85-06), 137-08-150, filed 6/10/85. Statutory Authority: RCW 42.17.250. 82-04-023 (Order 82-3), 137-08-150, filed 1/26/82.]


AMENDATORY SECTION(Amending Order 82-3, filed 1/26/82)

WAC 137-08-160   Qualifications on nondisclosure.   (1) To the extent that nondisclosable information can be deleted from the specific records sought, the remainder of the records shall be disclosable.

(2) No exemptions shall be construed to require nondisclosure of statistical information not descriptive of identifiable persons, as required by RCW ((42.17.310(2))) 42.56.210(1).

(3) Inspection and copying of any specific records otherwise nondisclosable is permissible pursuant to an order of the superior court enforcing a subpoena in accordance with the provisions of RCW ((42.17.310(3))) 42.56.210(2), or an order of the office of hearings enforcing a subpoena.

[Statutory Authority: RCW 42.17.250. 82-04-023 (Order 82-3), 137-08-160, filed 1/26/82.]

OTS-9556.1


AMENDATORY SECTION(Amending Order 85-11, filed 12/31/85)

WAC 137-10-005   Purpose.   The purpose of this rule is to establish the procedures by which an interested party may petition the department of corrections for the promulgation, amendment, or repeal of a rule pursuant to RCW ((34.04.060)) 34.05.330, or for a declaratory ruling pursuant to RCW ((34.04.080)) 34.05.240.

[Statutory Authority: RCW 34.04.060 and 34.04.080. 86-02-051 (Order 85-11), 137-10-005, filed 12/31/85.]

OTS-9558.1


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-67-015   Definitions.   (1) "Department" is the department of corrections.

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

(3) "Secretary" is the secretary of the department of corrections or the secretary's designee.

(4) "Deputy secretary" is the deputy secretary, ((office of correctional operations)) prisons division, of the Washington state department of corrections or his/her designee.

(5) "Superintendent" is a superintendent of an adult correctional institution or the superintendent's designee.

(6) "Treaty nation" is a country which has entered into a treaty with the United States on the execution of penal sentences.

(7) "Treaty" is a treaty under which an offender, sentenced in the courts of one country, may be transferred to the country of which the offender is a citizen or national, for the purpose of serving the sentence.

(8) "Country of origin or citizenship" is the country in which the inmate was born or in which the inmate has duly recognized citizenship.

(9) "OIA" is the Office of International Affairs, Criminal Division, United States Department of Justice.

(10) "United States" is the United States of America.

(11) "Detainer" is a hold or request for notification placed by any local, state, or federal law enforcement, penal, or prosecutional agency based on untried charges, parole or probation violation, escape, unexpired sentence, bond-jumping, or any other fugitive matter.

[Statutory Authority: RCW 72.01.090. 03-21-088, 137-67-015, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), 137-67-015, filed 9/3/85.]

OTS-9559.1


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-68-010   Definitions.   (1) "Compact" is the interstate compact for supervision of probationers and parolees as codified in RCW 9.95.270.

(2) "Compact administrator" is the deputy secretary, ((office of correctional operations)) prisons division, department of corrections, who is responsible for the administration of the interstate compact for the supervision of adult probationers and parolees.

(3) "Deputy compact administrator" is a person appointed by the compact administrator and delegated responsibility for the administration of the interstate compact.

(4) "Sending state" is the state in which the individual was granted probation or parole and in which the jurisdiction of the case is retained.

(5) "Receiving state" is the state providing supervision of the parolee or probationer under the interstate compact.

(6) "Probationer" is a person under jurisdiction of a state superior or circuit court who is being supervised under the compact.

(7) "Parolee" is a person under jurisdiction of a paroling authority who is being supervised under the interstate compact.

(8) "Parole officer" is a state community corrections officer (CCO) employed by the department of corrections.

(9) "Supervising community corrections officer" is a CCO assigned to supervise a probationer or parolee as required by the interstate compact and to act in regard to all matters connected with hearings conducted pursuant to the interstate compact rules.

(10) "Violations specified" are charges and/or allegations made against probationer or parolee by a parole officer in regard to violation of law or failure to comply with the general conditions of probation or parole or special instructions and conditions as set forth by the court of jurisdiction or the paroling authority.

(11) "Preliminary hearing" is a hearing conducted in accordance with RCW 10.88.290.

(12) "Hearing officer" is a person authorized by the compact administrator to hear cases involving alleged violations of conditions of parole or probation. Neither the person making the allegations of violation or his or her direct supervisor shall act as hearing officer.

[Statutory Authority: RCW 72.01.090. 03-21-088, 137-68-010, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 9.95.270. 83-01-139 (Order 82-20), 137-68-010, filed 12/22/82. Formerly WAC 275-102-475.]

Washington State Code Reviser's Office