WSR 10-02-008

DEPARTMENT OF CORRECTIONS


[ Filed December 24, 2009, 10:48 a.m. , effective January 24, 2010 ]

Reviser's note: The following material has not been adopted under the Administrative Procedure Act, chapter 34.05 RCW, but has been filed in the office of the code reviser and is published in the Register exactly as filed.


Following are amendments to chapter 137-52 WAC, Resident of adult correctional institution escorted leave of absence and chapter 137-60 WAC, Adult correctional institutions -- Release programs -- Furlough. These amendments are submitted for publication in the Washington state register and the Washington Administrative Code. Pertinent information follows:

1. The amendments to chapter 137-52 WAC, Resident of adult correctional institution escorted leave of absence and chapter 137-60 WAC, Adult correctional institutions -- Release programs -- Furlough are adopted as of December 24, 2009.

2. The effective date of these amendments shall be January 24, 2010.

3. I certify pursuant to RCW 34.05.030 that the rule as stated above is excluded from the Administrative Procedure Act.

Eldon Vail

Secretary

OTS-2905.1


AMENDATORY SECTION(Amending WSR 07-08-082, filed 4/2/07, effective 5/3/07)

WAC 137-52-010   Definitions.   (1) "Escorted leave" is an approved leave of absence by an inmate from a correctional facility under the continuous supervision of trained correctional staff.

(2) "Immediate family" includes an inmate's parents, stepparents, parent surrogates, grandparents, legal guardians, spouse, state registered domestic partner, brothers, sisters, half or step-brothers or sisters, children, stepchildren, and dependents whether or not in direct lineal relationship to the inmate.

(3) "Indigent" shall be understood to mean an inmate who has not been credited with five dollars or more total from any source(s) for deposit to the inmate's trust fund account during the thirty days preceding the request for an escorted leave and has less than a five dollar balance in his/her trust fund account on the day the escorted leave is requested, or together with his/her immediate family cannot post a five hundred dollar bond to secure the repayment of the expenses of the escorted leave on the day the escorted leave is requested. A declaration of indigency shall be signed by the inmate and the inmate's family on forms provided by the department.

(4) "Director" means the deputy secretary of the prisons division or his/her designee(s).

(5) "Superintendent" means the superintendent of a state correctional institution, state honor camp, or other penal institutions as now or hereafter established under the jurisdiction of the department of corrections pursuant to law or his/her designee.

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

(7) "Secretary" means the secretary of the department of corrections or his/her designee(s).

(8) "Nonviolent offender" means any person convicted of a felony not classified as a violent offense under chapter 9.94A RCW.

[07-08-082, 137-52-010, filed 4/2/07, effective 5/3/07. 01-04-001, 137-52-010, filed 1/24/01, effective 2/22/01. Statutory Authority: RCW 72.01.380. 85-07-042 (Order 85-07), 137-52-010, filed 3/19/85. Formerly WAC 275-85-005.]

OTS-2906.1


AMENDATORY SECTION(Amending Order 82-04, filed 3/4/82)

WAC 137-60-050   Furlough of person confined in state correctional institution -- Conditions imposed.   (1) The applicant must agree to abide by all terms and conditions of the approved furlough plan. Any violation may be cause for suspension or revocation of the furlough, and possible disciplinary action.

(2) The furlough plan will specify the residence address at which the applicant will reside during the period of furlough and will designate the names and relationships of the persons with whom he or she will live.

(3) Upon arrival at his or her destination the furloughed person will, when so required, report to a state probation and parole officer in accordance with instructions given prior to release on furlough. He or she shall report as frequently as may be required by the state probation and parole officer.

(4) The furloughed person shall abide by all local, state, and federal laws, ordinances, and statutes.

(5) With approval of either the designated state probation and parole officer, or institution staff, the furloughed person may accept temporary employment during a period of furlough. Earnings may be used to defray the costs of the furlough, including transportation, living expenses, family support, and incidental needs.

(6) Furloughed persons may not leave the state at any time while on furlough.

(7) Other limitations on movement within the state may be imposed as a condition of furlough. Unless it is part of the approved travel plan, travel outside the county to which furlough is granted must be approved in advance by the probation and parole officer in that county.

(8) A furloughee shall not drink, ingest, possess, or be under the influence of intoxicating beverages or nonprescribed drugs. All public taverns, bars, liquor stores, and cocktail lounges will be considered "off limits" to furloughees.

(9) A furloughee who drives a motor vehicle must:

(a) Have a valid Washington driver's license in his or her possession((,));

(b) If unaccompanied by the owner, have the owner's written permission in his or her possession to drive any vehicle not his or her own or his or her spouse's((,)) or state-registered domestic partner's;

(c) Have at least minimum personal injury and property damage liability coverage on the vehicle he or she is driving,

(d) Observe all traffic laws.

(10) Clothing issued for use during the furlough is to be returned to the institution at the completion of the furlough.

(11) Other conditions of furlough specific to the individual may be imposed in writing, prior to the inception of the furlough.

(12) All conditions of furlough, general and specific, shall be listed on the furlough order, and shall be discussed with the inmate by his or her counselor before he or she leaves the institution. The furloughee shall carry a copy of the furlough order and furlough identification card, with him or her at all times while on furlough. The furlough identification card will be issued to the inmate prior to departure from the institution, and returned at the end of the furlough.

(13) Willful failure to return from a furlough at the time specified in the furlough order constitutes an escape from confinement which is a violation of criminal law.

[Statutory Authority: RCW 72.66.080. 82-07-006 (Order 82-04), 137-60-050, filed 3/4/82. Formerly WAC 275-93-050.]

Washington State Code Reviser's Office