WSR 10-05-040

PROPOSED RULES

DEPARTMENT OF CORRECTIONS


[ Filed February 10, 2010, 8:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-01-191.

Title of Rule and Other Identifying Information: WAC 137-12A-020 Definitions.

Hearing Location(s): Department of Corrections, Edna Lucille Goodrich (ELG) Building, Room 1034, 7345 Linderson Way S.W., Tumwater, WA 98501, on March 23, 2010, at 10 a.m.

Date of Intended Adoption: March 23, 2010.

Submit Written Comments to: John Nispel, P.O. Box 41114, Olympia, WA 98504-1114, e-mail john.nispel@doc.wa.gov, fax (360) 664-2009, by March 22, 2010.

Assistance for Persons with Disabilities: Contact John Nispel by March 22, 2010, TTY (800) 833-6384.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To follow the directive of the legislature and the people to ensure registered domestic partners are extended the same rights as spouses.

Reasons Supporting Proposal: Comply with state law.

Statutory Authority for Adoption: RCW 72.01.090.

Statute Being Implemented: Chapter 26.60 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Clela Steelhammer, legislative and policy coordination manager, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Clela Steelhammer, Tumwater, (360) 725-8267.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change should have no effect on small business.

A cost-benefit analysis is not required under RCW 34.05.328. This rule change has no financial impact to agencies or the public.

February 10, 2010

E. Vail

Secretary

OTS-3039.1


AMENDATORY SECTION(Amending WSR 91-10-018, filed 4/23/91, effective 5/24/91)

WAC 137-12A-020   Definitions.   As used in this chapter, the following items shall have the following meanings:

(1) "Secretary" shall mean the secretary of the department of corrections.

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

(3) "Inmate" shall mean an individual sentenced to the custody of the department under state law and an individual transferred from another state or the federal government.

(4) "Institution" shall mean a facility described in RCW 72.01.050(2), such other similar facility hereafter established and a community residence operated pursuant to chapter 72.65 RCW.

(5) "Political subdivision" shall mean any city, town, county or other unit of local government.

(6) "Additional correctional facility" shall mean (a) a new building constructed at a new location for use in housing or servicing inmates; (b) a new building constructed on the grounds of an existing institution for use in housing or servicing inmates; and/or (c) a preexisting building heretofore not used by the department as a correctional facility which is reopened for use in housing or servicing inmates.

(7) "One-time cost impact" shall mean an economic impact experienced by a political subdivision associated with locating an additional correctional facility within its boundaries or associated with such other event specifically designated by the legislature.

(8) "Inmate family" shall mean the inmate's dependent children, the inmate's spouse or state registered domestic partner or parent and their dependents, or the legal guardian of the inmate's dependent children who were not residents of the local county where the inmate is incarcerated prior to the incarceration of the inmate.

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

[Statutory Authority: RCW 72.01.090. 91-10-018, 137-12A-020, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.01.090 and 1984 c 246 2. 84-14-077 (Order 84-10), 137-12A-020, filed 7/2/84. Statutory Authority: RCW 72.02.040 and 72.72.040. 84-06-009 (Order 84-03), 137-12A-020, filed 2/27/84.]

Washington State Code Reviser's Office