WSR 19-19-058
PROPOSED RULES
DEPARTMENT OF CORRECTIONS
[Filed September 16, 2019, 10:27 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-15-136.
Title of Rule and Other Identifying Information: Amendments to WAC 137-28-170 Supplementary rules.
Hearing Location(s): On October 23, 2019, at 2:00 - 3:00 p.m., at the Department of Corrections, Headquarters Building, 7345 Linderson Way S.W., Tumwater, WA 98501. Please bring driver's license or other state identification and check-in with security at the first floor reception desk.
Date of Intended Adoption: October 25, 2019.
Submit Written Comments to: Jennifer Williams, Senior Contracts Attorney, Department of Corrections, Contracts and Legal Affairs, P.O. Box 41114, Tumwater, WA 98504-1114, email Jennifer.Williams1@doc1.wa.gov, fax 360-664-2009, by October 23, 2019.
Assistance for Persons with Disabilities: Contact Jennifer Williams, senior contracts attorney, phone 360-725-8364, fax 360-664-2009, email Jennifer.Williams1@doc1.wa.gov, by October 23, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds new language to WAC 137-28-170(1) authorizing the superintendent to promulgate and implement pilot programs regarding offender prison discipline.
Adds new language to WAC 137-28-170(2) that requires approval in writing by the assistant secretary before pilot programs are put into effect.
Reasons Supporting Proposal: Changes to the rules is [are] needed to achieve the following general goals and specific objectives:
To authorize the superintendent to promulgate and implement pilot programs and ensure approval in writing by assistant secretary before pilot programs are put into effect. To clarify current rules and bring in line with current department policy.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: (1) The superintendent may promulgate and implement pilot programs, local supplementary rules, policies, and procedures, including the creation of new sanctions.
(2) All promulgated pilot programs, local supplementary rules, policies, procedures, and new or supplemental sanctions shall be approved in writing by the assistant secretary before being implementedput into effect.
Name of Proponent: Michelle Walker, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Michelle Walker, Tumwater, Washington 98504, 360-725-8732.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. Per RCW
34.05.328 (5)(b)(ii), rules relating only to internal governmental operations that are not subject to violation by a nongovernment party are exempt.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
September 13, 2019
Stephen Sinclair
Secretary
AMENDATORY SECTION(Amending WSR 15-20-011, filed 9/24/15, effective 1/8/16)
WAC 137-28-170Supplementary rules.
(1) The superintendent may promulgate and implement pilot programs, local supplementary rules, policies, and procedures, including the creation of new sanctions.
(2) All pilot programs, local supplementary rules, policies, procedures, and new or supplemental sanctions shall be approved in writing by the assistant secretary before being ((put into effect))implemented.