WSR 15-11-081
[Filed May 19, 2015, 3:05 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-08-096.
Title of Rule and Other Identifying Information: Amendments to WAC 137-30-080 Earned release/good time for offenders.
Hearing Location(s): Edna Lucille Goodrich (ELG) Building, 7345 Linderson Way S.W., Room 1028 B/C, Tumwater, WA 98501, on June 23, 2015, at 4:00 p.m.
Date of Intended Adoption: June 24, 2015.
Submit Written Comments to: John Nispel, P.O. Box 41114, Olympia, WA 98504-1114, e-mail, fax (360) 664-2009, by June 17, 2015.
Reasons Supporting Proposal: References to the department of corrections (DOC) policy should be accurate.
Statutory Authority for Adoption: RCW 72.01.090, 72.65.100.
Statute Being Implemented: RCW 72.09.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOC, governmental.
Name of Agency Personnel Responsible for Drafting: Autumn Witten, Headquarters, (360) 725-8831; Implementation: Michele Walker, Headquarters, (360) 725-8732; and Enforcement: Same.
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.
May 19, 2015
Dan Pacholle
for Bernard Warner
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.