WSR 15-23-100 PERMANENT RULES DEPARTMENT OF CORRECTIONS [Filed November 18, 2015, 7:08 a.m., effective December 19, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 137-30-080, earned release/good time for offenders, to correct/update references to department of corrections policy.
Citation of Existing Rules Affected by this Order: Amending WAC 137-30-080.
Statutory Authority for Adoption: RCW 72.01.090.
Other Authority: RCW 72.09.130.
Adopted under notice filed as WSR 15-11-081 on May 19, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 18, 2015.
Dan Pacholke
Secretary
AMENDATORY SECTION (Amending WSR 11-11-018, filed 5/9/11, effective 6/9/11)
WAC 137-30-080 Community custody.
(1) Offenders with orders of community custody per RCW 9.94A.701 may have their sentences reduced by ERT.
(2) ((Community custody violators confined in a department facility for sanction time are eligible for ERT good time credits at the rate of one-third of the sanction.
(3))) Community custody returns/terminates: During community custody, if an offender has not completed his/her maximum term of total confinement and is subject to a third violation hearing for any violation of community custody and is found to have committed the violation, the department may return the offender to total confinement to serve the remainder of the prison term.
(a) This applies solely to offenders who were not held to their maximum expiration date prior to release to community custody.
(b) All jail ERT and DOC ERT applied to the sentence before early release becomes return time.
(c) When determining the length of return time, the department must credit the offender with all community custody time successfully served and with all periods of prehearing time spent in confinement pending all prior and current community custody violation hearings for that cause.
(d) The date the offender was placed in jail on the most recent violation will be the return start date.
(e) The offender is not entitled to any ERT during the return time.
(f) Upon release from total confinement, after serving the return time the offender will resume serving the community custody portion of the sentence for any time remaining on community custody.
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