WSR 15-10-053
[Filed April 30, 2015, 11:39 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-06-008.
Title of Rule and Other Identifying Information: Amendments to chapter 137-36 WAC, Inmate personal property.
Hearing Location(s): Edna Lucille Goodrich (ELG) Building, 7345 Linderson Way S.W., Room 1034, Tumwater, WA 98501, on June 9, 2015, at 2:00 p.m.
Date of Intended Adoption: June 10, 2015.
Submit Written Comments to: John Nispel, P.O. Box 41114, Olympia, WA 98504-1114, e-mail, fax (360) 664-2009, by June 8, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To reflect changes to agency policy on the treatment of contraband sent to offenders through the mail.
Reasons Supporting Proposal: References to the department of corrections (DOC) policy should be accurate.
Statutory Authority for Adoption: RCW 72.01.090.
Statute Being Implemented: RCW 72.09.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOC, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Dan Lewis, headquarters, (360) 725-8292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. No financial impact.
April 29, 2015
Bernard Warner
AMENDATORY SECTION (Amending WSR 83-20-035, filed 9/27/83)
WAC 137-36-040 Disposition of personal property.
(1) Contraband items will be confiscated ((by the superintendent)) and disposed of in the following manner:
(a) Items which are determined to be owned by an inmate will be mailed or transferred to a person designated by the inmate at the inmate's expense. If the inmate is without funds, refuses to pay the required postage or refuses to designate an individual to receive the property, such items shall be donated to a charitable organization.
(b) Items for which ownership cannot be determined shall be held by the superintendent for six months and then donated to a charitable organization or destroyed.
(c) Money such as currency, personal checks, and money orders, is contraband within adult correctional institutions. If money or other negotiable instrument is found in the unauthorized possession of an inmate and he/she claims or disclaims ownership or, if ownership is unknown, the money or negotiable instrument shall be confiscated immediately and shall be deposited in the inmate welfare fund at the expiration of any appeal or hearing.
(d) Money received from one sender for deposit to the resident trust account of multiple offenders without prior superintendent approval may be confiscated and deposited in the inmate welfare fund at the expiration of any review.
The inmate shall be advised in writing of his/her right to seek review of the decision to place the money in the inmate welfare fund. The review shall be sought by writing directly to the ((director of the division of prisons)) superintendent or his/her designee(s) within ten calendar days.
(2) All illegal items owned by and/or found in the possession of an inmate shall be confiscated. Such items shall be held for evidence for law enforcement authorities. Such illegal items that do not need to be retained as evidence shall be destroyed.
(3) Abandoned personal property shall be disposed of in the following manner:
(a) All personal property, and any income or increment which is accrued thereon, held for the owner by an institution that has remained unclaimed for more than six months from the date the owner was terminated from work release, transferred to a different institution, or when the owner is unknown or deceased, from the date the property was placed in the custody of the institution, is presumed abandoned. When an inmate who has no recorded next of kin or person to whom unclaimed property can be sent, is transferred to another institution, the property shall not be presumed abandoned for a period of twelve months.
(b) All personal property, and any income or increment which has accrued thereon, shall be presumed abandoned whenever the inmate owner has been placed on escape status. Such property shall be held for three months from the date of the escape. If during that period the inmate remains on escape status and/or no other person claims ownership of the property, the property shall be deemed abandoned and may be donated to charity or destroyed in accordance with the provisions of this regulation.
(c) All personal property, other than money, which is unclaimed for the time periods set out in this regulation, shall be presumed abandoned and may be destroyed. Where a superintendent feels the property may be used or has value to a charitable nonprofit organization, the property may be donated to such an organization.
(d) Any money unclaimed for the time limits set out in this regulation shall be presumed abandoned and paid into the revolving fund established pursuant to RCW 9.95.360.
(e) At least thirty days prior to personal property being donated or destroyed, written notice shall be given to the owner at the owner's residence or place of business or to some person of suitable age or discretion residing or employed therein. Such notice may be hand delivered or sent by certified mail. If the owner is deceased, such notice shall be sent to at least one of the owner's heirs, if known. In all other circumstances, notice shall be sent to the person previously designated by the owner as authorized to receive property.
(f) If none of the above alternatives is available, notice of the proposed donation or destruction of the property shall be published at least once in an official newspaper in the county in which the institution is located at least thirty days prior to the date fixed for the action. The notice shall be signed by the secretary and shall contain a general description of the unclaimed personal property, specifying the institution at which the property is held.