WASHINGTON STATE REGISTER

WSR 04-07-163

PERMANENT RULES

DEPARTMENT OF CORRECTIONS

[ Filed March 23, 2004, 2:08 p.m. ]

Date of Adoption: March 23, 2004.

Purpose: The amendments make the possession of tobacco, or trafficking in tobacco products or paraphernalia an infraction.

Citation of Existing Rules Affected by this Order: Amending WAC 137-28-260.

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

Adopted under notice filed as WSR 04-05-076 on February 17, 2004.

Changes Other than Editing from Proposed to Adopted Version: An editing change has been made to infraction #563. The proscribed activity has been clarified and contained within one infraction, #606. The proposed changes to #707 have been withdrawn.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

March 23, 2004

Eldon Vail

for Joseph D. Lehman

Secretary

OTS-6999.2

AMENDATORY SECTION(Amending WSR 02-12-023, filed 5/28/02, effective 6/28/02)

WAC 137-28-260 Serious infractions.

     (1) Assault/threatening actions/causing injury to another person

501 - Committing homicide.

502 - Aggravated assault on another offender.

503 - Extortion, blackmail, or demanding or receiving money or anything of value in return for protection against others, or under threat of informing.

505 - Fighting with any person.

506 - Threatening another with bodily harm or with any offense against another person, property or family.

508 - Throwing objects, materials, substances or spitting at staff, visitors, or other inmates.

511 - Aggravated assault on a visitor.

521 - Taking or holding any person hostage.

588 - Causing a valid and documented threat of transmission of a contagious disease to any person due to intentional, negligent or reckless action.

604 - Aggravated assault on a staff member.

611 - Sexual assault on a staff member.

633 - Assault on another offender.

635 - Sexual assault on another offender.

663 - Using physical force, intimidation or coercion against any person.

704 - Assault on a staff member.

711 - Assault on a visitor.

717 - Causing a threat of injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain.

777 - Causing injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain.

     Unauthorized possession

     559 - Gambling; possession of gambling paraphernalia.

     601 - Possession, manufacture or introduction of an explosive device or any ammunition, or any components of an explosive device or ammunition.

     602 - Possession, manufacture or introduction of any gun, firearm, weapon, sharpened instrument, knife, or poison or any components thereof.

     620 - Receipt or possession of contraband during participation in off-grounds or outer perimeter activity or work detail.

     660 - Unauthorized possession of money, stamps, or negotiable instruments, the value of which is five dollars or more.

     702 - Possession, manufacture or introduction of an unauthorized tool.

     736 - Possession, manufacture or introduction of unauthorized keys.

     738 - Possession of the clothing of a staff member.

     739 - Possession of personal information about currently employed staff, contractors or volunteers, or their immediate family members, not voluntarily given to the offender by the individual involved, including, but not limited to: Social Security numbers, unpublished home addresses or telephone numbers, drivers license numbers, medical, personnel, financial or real estate records, bank or credit card numbers, or other like information not authorized by the court or the superintendent.

     Tattooing

     710 - Being tattooed while incarcerated, tattooing another, or possessing tattoo paraphernalia.

     Theft/possession of stolen property

     555 - Theft of property or possession of stolen property.

     741 - Theft of food, the value of which is more than five dollars.

     755 - Misuse or waste of issued supplies, goods, services or property, the replacement value of which is ten dollars or more.

     Forgery

     654 - Counterfeiting, forging, altering or unauthorized reproduction of any document, article of identification, money, security, or official paper.

     Setting fire, damaging or destroying property

     553 - Setting a fire.

     554 - Mutilating, altering, defacing or destroying any item, the value of which is ten dollars or more and that is not the personal property of the inmate.

     563 - Making a false fire alarm ((or)), tampering ((~~with~~)), damaging, blocking or interfering with fire alarms, fire extinguishers, fire hoses, fire exits, or other fire fighting equipment or devices.

     600 - Tampering with, damaging, blocking, or interfering with any locking or security device.

     720 - Flooding a cell or other area of the institution.

     Inciting others/participation in unacceptable group behavior

     650 - Rioting.

     651 - Inciting others to riot.

     652 - Engaging in or inciting a group demonstration.

     682 - Engaging in or inciting an organized work stoppage.

     708 - Organizing or participating in an unauthorized group activity or meeting.

     734 - Participating or engaging in the activities of any unauthorized club, organization, gang or security threat group; or wearing or possessing the symbols of an unauthorized club, organization, gang or security threat group.

     746 - Engaging in or inciting an organized hunger strike.

     Inappropriate sexual behavior

     504 - Engaging in sexual acts with others with the exception of spouses during approved extended family visits.

     659 - Sexual harassment; any word, action, gesture or other behavior that is sexual in nature and that would be offensive to a reasonable person.

     728 - Possession of any written, photographic or hand-drawn material that depicts a sexually explicit act as defined in WAC 137-28-160.

     750 - Indecent exposure.

     Providing false statements

     551 - Providing false information to a disciplinary hearing officer or on a disciplinary appeal.

     552 - Causing an innocent person to be penalized or proceeded against by providing false information.

     706 - Giving false information about proposed community residence when proposing a release plan, community placement, etc.

     Interfering with staff/impersonating

     558 - Interfering with staff members, medical personnel, fire fighters, or law enforcement personnel in the performance of their duties.

     605 - Impersonating any staff member, other inmate or visitor.

     Failure to follow orders and rules

     509 - Refusing a direct order by any staff member to proceed to or disperse from a particular area.

     556 - Refusing to submit to or cooperate in a search when ordered to do so by a staff member.

     557 - Refusing to participate in an available education or work program or other mandatory programming assignment.

     609 - Refusing or failing to submit to testing required by policy, statute, or court order, such as DNA blood tests, when ordered to do so by a staff member.

     658 - Failing to comply with any administrative or posthearing sanction imposed for committing any general or serious infraction.

     724 - Refusing a cell or housing assignment.

     745 - Refusing a transfer to another facility.

     Counts/unauthorized absence

     653 - Causing an inaccurate count by means of unauthorized absence, hiding, concealing ones self or other form of deception or distraction.

     Escape/attempted escape

     525 - Violating conditions of furlough.

     550 - Escape or attempted escape.

     560 - Unauthorized possession of items or materials likely to be used in an escape attempt.

     Committing crimes/excess infractions

     507 - Committing any act that is a felony under state or federal law that is not otherwise included in these rules.

     517 - Committing any act that is a misdemeanor under local, state, or federal law that is not otherwise included in these rules.

     657 - Being found guilty of four or more general infractions which have been reported in writing arising out of separate incidents, all of which occur within a six-month period.

     Unacceptable communication

     718 - Use of mail or telephone in violation of court order or local, state or federal law.

     726 - Telephoning or sending written communication or otherwise initiating communication with a minor without the approval of that minor's parent or guardian.

     727 - Telephoning or sending written communications to any person contrary to previous written warnings and/or documented disciplinary actions.

     Misuse of controlled substances, drugs, alcohol and related programs

     603 - Possession, introduction, or transfer of any narcotic, controlled substance, illegal drug, unauthorized drug or drug paraphernalia.

     606 - Possession ((of)), introduction or transfer of any tobacco, tobacco products ((~~and/or~~)), matches ((~~in close/maximum housing units where strictly prohibited~~)), or tobacco paraphernalia.

     607 - Refusing to submit to a urinalysis and/or failure to provide a urine sample when ordered to do so by a staff member.

     608 - Refusing or failing to submit to a breathalyzer or other standard sobriety test when ordered to do so by a staff member.

     610 - Unauthorized accumulation of prescribed medication greater than a single or daily dose.

     655 - Making intoxicants, alcohol, controlled substances, narcotics, or the possession of ingredients, equipment, items, formulas or instructions that are used in making intoxicants, alcohol, controlled substances, or narcotics.

     707 - Possession, introduction, or transfer of any alcoholic or intoxicating beverage.

     716 - Unauthorized use of drugs, alcohol or other intoxicants.

     752 - Receiving a positive test for use of unauthorized drugs, alcohol, or other intoxicants.

     Soliciting/fraud

     656 - Giving, offering or receiving from any person a bribe or anything of value for an unauthorized favor or service.

     662 - Soliciting goods or services for which the provider would expect payment when the inmate knows or should know that no funds are available to pay for those goods or services.

     714 - Giving, selling, borrowing, lending, or trading money or anything of value to, or accepting or purchasing money or anything of value from, another inmate or that inmate's friend(s) or family, the value of which is ten dollars or more.

     740 - Fraud, embezzlement, or obtaining goods, services, money, or anything of value under false pretense.

     Creating an emergency situation

     712 - Attempted suicide or self-mutilation.

     742 - Creating a false emergency by feigning illness when contrary to medical/mental health screening results.

     744 - Making a bomb threat.

     (2) In determining whether a #728 infraction or a #328 infraction pursuant to WAC 137-28-220 should be charged, the infracting officer shall consider mitigating factors as defined in WAC 137-28-160.

[Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. 02-12-023, § 137-28-260, filed 5/28/02, effective 6/28/02. 01-22-094, § 137-28-260, filed 11/6/01, effective 12/6/01. Statutory Authority: RCW 72.01.090. 00-10-079, § 137-28-260, filed 5/2/00, effective 6/2/00; 97-03-041, § 137-28-260, filed 1/10/97, effective 2/4/97. 95-15-044, § 137-28-260, filed 7/13/95, effective 8/15/95.]

Legislature

Code Reviser

Register

(1) Assault/threatening actions/causing injury to another person
501	-	Committing homicide.
502	-	Aggravated assault on another offender.
503	-	Extortion, blackmail, or demanding or receiving money or anything of value in return for protection against others, or under threat of informing.
505	-	Fighting with any person.
506	-	Threatening another with bodily harm or with any offense against another person, property or family.
508	-	Throwing objects, materials, substances or spitting at staff, visitors, or other inmates.
511	-	Aggravated assault on a visitor.
521	-	Taking or holding any person hostage.
588	-	Causing a valid and documented threat of transmission of a contagious disease to any person due to intentional, negligent or reckless action.
604	-	Aggravated assault on a staff member.
611	-	Sexual assault on a staff member.
633	-	Assault on another offender.
635	-	Sexual assault on another offender.
663	-	Using physical force, intimidation or coercion against any person.
704	-	Assault on a staff member.
711	-	Assault on a visitor.
717	-	Causing a threat of injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain.
777	-	Causing injury to another person by resisting orders, resisting assisted movement or physical efforts to restrain.
Unauthorized possession
559	-	Gambling; possession of gambling paraphernalia.
601	-	Possession, manufacture or introduction of an explosive device or any ammunition, or any components of an explosive device or ammunition.
602	-	Possession, manufacture or introduction of any gun, firearm, weapon, sharpened instrument, knife, or poison or any components thereof.
620	-	Receipt or possession of contraband during participation in off-grounds or outer perimeter activity or work detail.
660	-	Unauthorized possession of money, stamps, or negotiable instruments, the value of which is five dollars or more.
702	-	Possession, manufacture or introduction of an unauthorized tool.
736	-	Possession, manufacture or introduction of unauthorized keys.
738	-	Possession of the clothing of a staff member.
739	-	Possession of personal information about currently employed staff, contractors or volunteers, or their immediate family members, not voluntarily given to the offender by the individual involved, including, but not limited to: Social Security numbers, unpublished home addresses or telephone numbers, drivers license numbers, medical, personnel, financial or real estate records, bank or credit card numbers, or other like information not authorized by the court or the superintendent.
Tattooing
710	-	Being tattooed while incarcerated, tattooing another, or possessing tattoo paraphernalia.
Theft/possession of stolen property
555	-	Theft of property or possession of stolen property.
741	-	Theft of food, the value of which is more than five dollars.
755	-	Misuse or waste of issued supplies, goods, services or property, the replacement value of which is ten dollars or more.
Forgery
654	-	Counterfeiting, forging, altering or unauthorized reproduction of any document, article of identification, money, security, or official paper.
Setting fire, damaging or destroying property
553	-	Setting a fire.
554	-	Mutilating, altering, defacing or destroying any item, the value of which is ten dollars or more and that is not the personal property of the inmate.
563	-	Making a false fire alarm ((or)), tampering ((~~with~~)), damaging, blocking or interfering with fire alarms, fire extinguishers, fire hoses, fire exits, or other fire fighting equipment or devices.
600	-	Tampering with, damaging, blocking, or interfering with any locking or security device.
720	-	Flooding a cell or other area of the institution.
Inciting others/participation in unacceptable group behavior
650	-	Rioting.
651	-	Inciting others to riot.
652	-	Engaging in or inciting a group demonstration.
682	-	Engaging in or inciting an organized work stoppage.
708	-	Organizing or participating in an unauthorized group activity or meeting.
734	-	Participating or engaging in the activities of any unauthorized club, organization, gang or security threat group; or wearing or possessing the symbols of an unauthorized club, organization, gang or security threat group.
746	-	Engaging in or inciting an organized hunger strike.
Inappropriate sexual behavior
504	-	Engaging in sexual acts with others with the exception of spouses during approved extended family visits.
659	-	Sexual harassment; any word, action, gesture or other behavior that is sexual in nature and that would be offensive to a reasonable person.
728	-	Possession of any written, photographic or hand-drawn material that depicts a sexually explicit act as defined in WAC 137-28-160.
750	-	Indecent exposure.
Providing false statements
551	-	Providing false information to a disciplinary hearing officer or on a disciplinary appeal.
552	-	Causing an innocent person to be penalized or proceeded against by providing false information.
706	-	Giving false information about proposed community residence when proposing a release plan, community placement, etc.
Interfering with staff/impersonating
558	-	Interfering with staff members, medical personnel, fire fighters, or law enforcement personnel in the performance of their duties.
605	-	Impersonating any staff member, other inmate or visitor.
Failure to follow orders and rules
509	-	Refusing a direct order by any staff member to proceed to or disperse from a particular area.
556	-	Refusing to submit to or cooperate in a search when ordered to do so by a staff member.
557	-	Refusing to participate in an available education or work program or other mandatory programming assignment.
609	-	Refusing or failing to submit to testing required by policy, statute, or court order, such as DNA blood tests, when ordered to do so by a staff member.
658	-	Failing to comply with any administrative or posthearing sanction imposed for committing any general or serious infraction.
724	-	Refusing a cell or housing assignment.
745	-	Refusing a transfer to another facility.
Counts/unauthorized absence
653	-	Causing an inaccurate count by means of unauthorized absence, hiding, concealing ones self or other form of deception or distraction.
Escape/attempted escape
525	-	Violating conditions of furlough.
550	-	Escape or attempted escape.
560	-	Unauthorized possession of items or materials likely to be used in an escape attempt.
Committing crimes/excess infractions
507	-	Committing any act that is a felony under state or federal law that is not otherwise included in these rules.
517	-	Committing any act that is a misdemeanor under local, state, or federal law that is not otherwise included in these rules.
657	-	Being found guilty of four or more general infractions which have been reported in writing arising out of separate incidents, all of which occur within a six-month period.
Unacceptable communication
718	-	Use of mail or telephone in violation of court order or local, state or federal law.
726	-	Telephoning or sending written communication or otherwise initiating communication with a minor without the approval of that minor's parent or guardian.
727	-	Telephoning or sending written communications to any person contrary to previous written warnings and/or documented disciplinary actions.
Misuse of controlled substances, drugs, alcohol and related programs
603	-	Possession, introduction, or transfer of any narcotic, controlled substance, illegal drug, unauthorized drug or drug paraphernalia.
606	-	Possession ((of)), introduction or transfer of any tobacco, tobacco products ((~~and/or~~)), matches ((~~in close/maximum housing units where strictly prohibited~~)), or tobacco paraphernalia.
607	-	Refusing to submit to a urinalysis and/or failure to provide a urine sample when ordered to do so by a staff member.
608	-	Refusing or failing to submit to a breathalyzer or other standard sobriety test when ordered to do so by a staff member.
610	-	Unauthorized accumulation of prescribed medication greater than a single or daily dose.
655	-	Making intoxicants, alcohol, controlled substances, narcotics, or the possession of ingredients, equipment, items, formulas or instructions that are used in making intoxicants, alcohol, controlled substances, or narcotics.
707	-	Possession, introduction, or transfer of any alcoholic or intoxicating beverage.
716	-	Unauthorized use of drugs, alcohol or other intoxicants.
752	-	Receiving a positive test for use of unauthorized drugs, alcohol, or other intoxicants.
Soliciting/fraud
656	-	Giving, offering or receiving from any person a bribe or anything of value for an unauthorized favor or service.
662	-	Soliciting goods or services for which the provider would expect payment when the inmate knows or should know that no funds are available to pay for those goods or services.
714	-	Giving, selling, borrowing, lending, or trading money or anything of value to, or accepting or purchasing money or anything of value from, another inmate or that inmate's friend(s) or family, the value of which is ten dollars or more.
740	-	Fraud, embezzlement, or obtaining goods, services, money, or anything of value under false pretense.
Creating an emergency situation
712	-	Attempted suicide or self-mutilation.
742	-	Creating a false emergency by feigning illness when contrary to medical/mental health screening results.
744	-	Making a bomb threat.
(2) In determining whether a #728 infraction or a #328 infraction pursuant to WAC 137-28-220 should be charged, the infracting officer shall consider mitigating factors as defined in WAC 137-28-160.

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