Washington Administrative Code

A request for test results shall be made in writing. At a minimum, the request shall include:(1) Name of the person requesting the record;(2) Nature of the exposure, including date and time;(3) Name of the offender; and(4) DOC number of the offender, if known.The request shall be…

The purpose of this chapter is to specify policies and procedures pertaining to the department of corrections' community custody administrative hearings and violation responses. The following regulations set forth procedural guidelines. They do not create procedural or substantiv…

For purposes of this chapter, the following words have the following meanings:(1) "Aggravating factors" are circumstances that elevate a low level violation to a high level violation as defined by department policy.(2) "Appeals panel" means three reviewing staff designated by the…

(1) When addressing the violation the department will ensure that:(a) The department has jurisdiction to sanction the offender;(b) The alleged violation was willful; and(c) The offender is provided the opportunity to respond to the alleged violation.(2) A low level violation may …

(1) The state and its officers, agents, and employees may not be held criminally or civilly liable for violation response decisions made in accordance with law per RCW 9.94A.737.(2) The sanction the department imposes shall be determined by the offender's violation behavior and p…

(1) Hearing officers will report to and be supervised by the hearings administrator, and will report through a chain of command separate from that of community corrections or prisons divisions.(2) Hearing officers may not hear a case in which they have direct personal involvement…

(1) The department shall notify each offender on community custody of all court and department imposed conditions, requirements, and instructions and of the department's response to violation behavior.(2) An offender alleged to have committed a low level violation will be provide…

(1) The hearing shall be conducted by a hearing officer in the department's hearing unit, and shall be considered as an offender disciplinary proceeding and shall not be subject to chapter 34.05 RCW, the Administrative Procedure Act.(2) Hearings for community custody offenders, w…

(1) An offender alleged to have committed a high level violation may waive the hearing and recommend a sanction that is negotiated with the department.(2) The negotiated sanction shall be reviewed by a hearing officer in the department's hearing unit. A negotiated sanction review…

An offender subject to a department hearing has rights as specified in RCW 9.94A.737 and the right to:(1) Receive written notice in accordance with WAC 137-104-040, including the opportunity to examine, no later than twenty-four hours before the hearing, all supporting documentar…

(1) The offender may, within seven calendar days, appeal the findings and imposed sanctions to an appeals panel. The offender's appeal must be submitted in writing.(2) The appeals panel shall affirm, reverse, modify, vacate, or remand the decision based on its findings.(3) If a m…

The purpose of this chapter is to implement the distribution of funds appropriated by the legislature to mitigate the one-time cost impact associated with locating additional state correctional facilities within their boundaries; with the cost of criminal justice and social/human…

As used in this chapter, the following items shall have the following meanings:(1) "Secretary" shall mean the secretary of the department of corrections.(2) "Department" shall mean the department of corrections.(3) "Inmate" shall mean an individual sentenced to the custody of the…

(1) A political subdivision is eligible to apply for mitigating funds under this chapter if it experiences a demonstrable one-time cost impact; or demonstrable costs for criminal justice and social/human services related to inmate families. Provided, however, application must be …

The impact committee established herein shall establish a priority of funding under this chapter.[Statutory Authority: RCW 72.01.090 and 1984 c 246 § 2. WSR 84-14-077 (Order 84-10), § 137-12A-040, filed 7/2/84. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 (Orde…

(1) A political subdivision must request funding under this chapter by submitting a written request to:Department of CorrectionsContracts and Legal AffairsP.O. Box 41114Olympia, WA 98504-1114(2) Requests must document the one-time cost impact for which reimbursement is requested.…

(1) All requests shall be reviewed by a department committee composed of the following individuals or their designees:(a) Deputy secretary, office of administrative services;(b) Deputy secretary, office of correctional operations;(c) Contracts and regulations administrator;(d) Ad…

Requests approved for funding under this chapter shall be evidenced in a written contract document processed through the contracts and legal affairs section and approved by the secretary and submitting jurisdiction. Funding shall be limited to actual costs incurred during the ter…

(1) By submitting requests the requesting political subdivision agrees to maintain records which would support the request made for a period five years after the date of such request.(2) If requested by the secretary, or his/her designee, the political subdivision shall make thes…

Funding under this chapter shall be available only to the maximum appropriated by the legislature for that purpose.[Statutory Authority: RCW 72.01.090. WSR 91-10-018, § 137-12A-090, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 72.02.040 and 72.72.040. WSR 84-06-009 …

The purpose of these rules is to set forth the department's responsibilities with regard to mental health information released in accordance with WAC 388-865-0610 et. seq. [Statutory Authority RCW 71.34.225 and 71.05.445][WSR 01-17-004, § 137-150-010, filed 8/1/01, effective 9/1/…

(1) Agency" means the department of corrections.(2) "DOC" or "Department" means the department of corrections.[WSR 01-17-004, § 137-150-020, filed 8/1/01, effective 9/1/01.]Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above…

The department shall notify individuals under its jurisdiction of the provisions of RCW 71.34.225 and 71.05.445 in the following manner:(1) Individuals entering the DOC system on or after the effective date of this rule, will receive written notification of the right of the depar…

The information received by the department shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW and chapter 71.34 RCW except:(1) The department may release the information to the indeterminate sentence review board as relevant to ca…

As used in this chapter the following words shall have the following meanings:(1) "Vocational education" shall have the same meaning as set forth in RCW 72.62.020.(2) "Students" means inmates of adult correctional institutions or facilities enrolled in a vocational education prog…

Superintendents and administrators of adult correctional institutions and facilities, or their designees, may adopt procedures for the sale of products and services on the open market. The prices for products sold on the open market may be established at levels sufficient to reco…

The proceeds from the sale of products shall be credited to the institution or facility where the products were produced, deposited in a revolving fund, and expended for the purchase of supplies, materials, and equipment for use in vocational education programs. The proceeds from…

The purpose of this chapter is to specify policies and procedures pertaining to revocation of offenders, while in total/partial confinement, sentenced under the special drug offender sentencing alternative. Offenders sentenced under the special drug offender sentencing alternativ…

For purposes of this chapter, the following words have the following meanings:(1) "Appeals panel" means three reviewing officers designated by the secretary with the authority to review hearing officer's decision, and to affirm, reverse, or modify decisions and sanctions in accor…

(1) Offenders accused of failing to complete or having been administratively terminated from an in-custody substance abuse program are entitled to a hearing prior to the revocation or to the imposition of sanctions by the department.(2) The hearing shall be conducted by a hearing…

(1) To receive written notice of the alleged violation of the DOSA sentence.(2) To have an electronically recorded hearing conducted within five working days of service of the notice.(3) To have a neutral and detached hearing officer conduct the hearing.(4) To examine, no later t…

(1) Whenever, as a preliminary matter, the offender or the community corrections officer raises the issue of the offender's competency, or there is a reason to doubt his/her competency, the hearing officer shall request a county mental health professional or a qualified expert wi…

(1) Within seven calendar days of the hearing, the offender may appeal the decision of the hearing officer to the appeal panel. The request for review shall be submitted in writing and shall identify the specific issues on appeal.(2) The sanction may be reversed or modified if a …

The definitions and serious violations described herein apply to incarcerated individuals committed to both total and partial confinement facilities.[Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-25-010, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01…

For the purposes of this chapter, the following terms have the following meanings:(1) Aggravated assault - An assault resulting in a documented physical injury requiring treatment in a medical facility/treatment center by medical staff including, but not limited to, bandaging, su…

(1) The secretary may adopt and/or revise serious violations.(2) Before adopting or revising a serious violation, the secretary shall, when applicable, follow the rule-making procedures of chapter 34.05 RCW, the Administrative Procedure Act.(3) Nothing herein shall be construed a…

(1) Any of the following types of behavior may constitute a serious violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation, w…

The rules in this chapter provide a standardized system to determine whether misconduct by an incarcerated individual has occurred, and to provide a system that clearly links an incarcerated individual's behavior and participation in available work, training, education, or other …

The authority for this chapter is RCW 72.01.090, 72.09.130, and 9.94.070.[Statutory Authority: RCW 72.09.130, 72.01.090 and 9.94.070. WSR 98-04-086, § 137-28-150, filed 2/4/98, effective 3/7/98. WSR 95-15-044, § 137-28-150, filed 7/13/95, effective 8/15/95.]

For the purposes of this chapter, the following terms have the following meanings:(1) Attempting - Putting forth an effort to commit any violation.(2) Business days - Monday through Friday, excluding holidays and days the facility is experiencing altered/modified/emergency operat…

(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 app…

(1) All incarcerated individuals confined in a facility shall have access to policies and rules regarding:(a) Their rights and responsibilities in disciplinary matters;(b) Acts prohibited in the facility; and(c) Disciplinary action that may be taken in the event of misconduct.(2)…

(1) The superintendent should report any felony under state or federal law committed in a facility to law enforcement. Any time an incarcerated individual commits a serious violation after losing all potential earned release time credits, the superintendent should report the inca…

(1) Incarcerated individuals committed to the department of corrections who have been transferred to a prison in another state shall be subject to the disciplinary rules and procedures applicable to that prison. That prison may, in its discretion, use any presumptive sanction gui…

(1) Each hearing shall be conducted by a hearing officer designated by the superintendent.(2) Hearing officers may not preside over a hearing when they are related to the incarcerated individual, witness, victim, or infracting officer, or have direct personal involvement in the i…

(1) Any of the following types of behavior may constitute a general violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation.Un…

(1) In the event of a general violation, a staff member may make an on-site adjustment. An on-site adjustment may consist of counseling, warning, or reprimanding the incarcerated individual and/or directing the incarcerated individual to remove themselves from the situation immed…

(1) If the supervisor finds the incarcerated individual not guilty of a general violation, disciplinary sanctions shall not be imposed on the incarcerated individual for that violation. Records pertaining to the violation shall not be placed in the incarcerated individual's file,…

(1) If the supervisor finds the incarcerated individual guilty of a general violation, only the incarcerated individual may appeal the decision and/or sanction(s) to a hearing officer.(a) The appeal must be in writing and must include the reason(s) why the incarcerated individual…

See WAC 137-25-030 for the list of serious violations.[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-260, filed 9/24/15, effective 1/8/16. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 05-24-009 and 06-02-038, § 137-28-26…