WSR 98-04-086

PERMANENT RULES

DEPARTMENT OF CORRECTIONS

[Filed February 4, 1998, 11:45 a.m.]

Date of Adoption: February 4, 1998.

Purpose: To clarify and confirm that offenders may be subject to criminal prosecution for persistent prison misbehavior under RCW 9.94.070.

Citation of Existing Rules Affected by this Order: Amending chapter 137-28 WAC.

Statutory Authority for Adoption: RCW 72.09.130, 72.01.090, 9.94.070.

Adopted under notice filed as WSR 98-01-152 on December 22, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

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

February 4, 1998

Joseph D. Lehman

Secretary

AMENDATORY SECTION (Amending WSR 95-15-044, filed 7/13/95, effective 8/15/95)

WAC 137-28-150 Authority. The authority for this chapter is RCW 72.01.090, RCW 72.09.130, and RCW 9.94.070.

[95-15-044, 137-28-150, filed 7/13/95, effective 8/15/95.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending WSR 95-15-044, filed 7/13/95, effective 8/15/95)

WAC 137-28-190 Reporting to law enforcement authorities. (1) The superintendent shall report any felony under state or federal law to law enforcement authorities.

(2) When an offender knowingly commits an additional serious infraction after losing all potential earned early release time credits, the Superintendent will report that offender to local law enforcement authorities for possible felony prosecution under RCW 9.94.070.

(((2))) (3) If a violation has been reported to law enforcement authorities, inmates who have been charged with an infraction shall not be questioned about the incident outside of a formal disciplinary hearing or an administrative segregation hearing until after it has been determined that no prosecution will occur or until a finding of guilty is made.

(((3))) (4) No provisions of these rules shall prevent the administrative segregation of any inmate.