Washington Administrative Code

(1) When a staff member witnesses a serious violation or determines that a serious violation has occurred, they shall prepare and submit an infraction report per department policy. The staff member will attach to the report copies of any supporting documents, including a summary …

(1) An incarcerated individual charged with a violation(s) has the right to:(a) A fair and impartial hearing;(b) Written notice of the alleged violation(s) and a summary of the supporting evidence at least 24 hours before the hearing;(i) The notice shall include a statement of th…

(1) When possible, hearings will be held in the facility where the violation(s) occurred. If the incarcerated individual is transferred to another facility before a hearing is conducted, the sending facility will provide the infraction report, along with any supporting documents,…

(1) A department advisor may be appointed per department policy to help the incarcerated individual prepare for and participate in the hearing. Before a department advisor is assigned, the following factors will be considered:(a) The incarcerated individual's literacy;(b) The com…

(1) The hearing officer shall ensure that the incarcerated individual's rights are protected throughout the hearing process. The hearing officer shall ensure that the incarcerated individual is capable of understanding the charge(s) against them and the nature of the proceedings,…

(1) At any time during the disciplinary process, the hearing officer may continue the hearing:(a) To determine the individual's mental status or competency;(b) To appoint a department advisor;(c) To obtain an interpreter;(d) To obtain a witness(es) or witness statement(s);(e) To …

(1) In reaching a decision, the hearing officer will consider the totality of the circumstances, the elements of the charged violation(s), all pertinent and exculpatory evidence presented at the hearing.(2) The hearing officer is authorized to find an incarcerated individual guil…

(1) If the hearing officer finds the incarcerated individual not guilty of a 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, bu…

In determining an appropriate sanction, the hearing officer should consider the incarcerated individual's mental health and their intellectual, emotional, and maturity levels and what effect a particular sanction might have on the incarcerated individual in light of such factors.…

(1) No incarcerated individual shall be infracted for violation of incarcerated individual conduct rules unless they have been provided reasonable advance notice of the prohibited behavior, unless the rule was adopted on an emergency basis.(2) Disciplinary sanctions shall not inc…

(1) If the hearing officer finds the incarcerated individual guilty of a serious violation, only the incarcerated individual may appeal the decision and/or sanction(s) to the superintendent.(a) An appeal request cannot be filed when the incarcerated individual has pled guilty to …

(1) When the hearing officer determines that an incarcerated individual subject to the jurisdiction of the indeterminate sentence review board is guilty of a serious violation, the hearing officer may recommend to the superintendent that they not certify good conduct time credit …

The time limitations expressed in these regulations are not jurisdictional and failure to adhere to any particular time limit shall not be grounds for reversal or dismissal of a disciplinary proceeding.[WSR 95-15-044, § 137-28-400, filed 7/13/95, effective 8/15/95.]Reviser's note…

(1) If the hearing officer imposes restitution as a sanction, the amount of restitution owed shall be determined at the infraction hearing. However, the hearing officer may continue the hearing in order to secure additional evidence regarding restitution. If continued, the incarc…

The rules in this chapter provide a standardized system to award earned release time to offenders committed to department facilities.[Statutory Authority: RCW 72.09.130, 72.01.090, and 9.95.070. WSR 11-11-018, § 137-30-010, filed 5/9/11, effective 6/9/11.]

The definitions in this section apply throughout this chapter.CCS means community corrections supervisor.Community custody means an offender's supervision status in the community under the authority of the department where the department has the legal responsibility for adjudicat…

(1) ERT.(a) Incarcerated individuals convicted of a serious violent offense or a class A felony sex offense may earn ERT as follows:(i) Offense committed after June 30, 1990, and before July 1, 2003 - May not exceed 15 percent of their sentence; and(ii) Offense committed after Ju…

For offenders transferred from a county jail to the department, the jail administrator will certify to the department the amount of jail time spent in custody at the jail and the amount of ERT.(1) If no certification has been provided, the CRS/designee will send a request to the …

(1) An offender serving a sentence for an offense committed after July 31, 1995, may have his/her earned time credits taken away as part of a disciplinary sanction, when he/she has lost all good conduct time credits for the current commitment.(2) Offenders serving a sentence for …

(1) To calculate an offender's release date on a determinate sentence, the jail time and jail earned release time are deducted from the total sentence. The earned release time applicable per statute is applied to the adjusted sentence.(2) A determinate offender held beyond his/he…

(1) For indeterminate sentences, once the good conduct time denial is addressed and adopted by the ISRB, it cannot be returned to the individual without prior approval of the ISRB.(2) Good conduct time, and earned time lost in lieu of good conduct time due to persistent prison mi…

(1) Offenders with orders of community custody per RCW 9.94A.701 may have their sentences reduced by ERT.(2) 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 violat…

The rules in this chapter define the reasons and establish the process for classifying inmates of adult correctional institutions to administrative segregation status, assigning such inmates to a segregation or intensive management facility or unit and continuing such classificat…

For the purpose of this chapter the following words shall have the following meanings:(1) "Department" means the department of corrections.(2) "Adult correctional institution" and "institution" mean a facility identified in RCW 72.01.050(2) and any similar facility hereafter esta…

(1) The superintendent/designee may segregate an inmate from the general inmate population and assign such inmate to a segregation or intensive management unit if, in the judgment of the superintendent, the inmate:(a) Poses a threat to himself/herself, others, or the security of …

(1) Immediately after an inmate's initial placement in segregation, a department staff member will inform the inmate in writing of the reason for the inmate's segregation and the date, time and place of the initial review meeting.(2) The hearing officer will meet with such inmate…

(1) The hearing officer will preside over multidisciplinary facility risk management team meetings of inmates assigned to administrative segregation status.(2) Subsequent to the initial review an intermediate review will take place no later than fourteen days following the initia…

An inmate will be placed on intensive management status in accordance with the following procedures:(1) The hearing officer may, after conducting a formal hearing, recommend to the superintendent that the inmate be placed on intensive management status stating the reasons therefo…

(1) An inmate placed in an intensive management or administrative segregation unit shall, unless safety or security considerations dictate otherwise, be:(a) Confined in an adequately lighted and ventilated environment at a reasonably comfortable temperature for the season, unless…

(1) The superintendent may release an inmate from administrative segregation status at any time after determining that, in the superintendent's judgment, the conditions or reasons which required the inmate's administrative segregation no longer exist. Recommendations for release …

An interpreter will be provided at the initial review meeting or any classification meeting for those inmates who do not speak or understand English or who are hearing impaired.[Statutory Authority: RCW 72.01.090. WSR 85-01-059 (Order 84-15), § 137-32-040, filed 12/17/84.]

The department shall develop and implement specific procedures governing the administrative segregation of inmates, which procedures shall be consistent with the provisions of this chapter.[WSR 00-09-063, § 137-32-045, filed 4/17/00, effective 5/19/00. Statutory Authority: RCW 72…

The time limitations expressed in this chapter shall not be deemed to be jurisdictional, and failure to adhere to any particular time limitation shall not be grounds for automatic reversal or dismissal of an administrative segregation or intensive management proceeding.[Statutory…

Recommendations for out-of-state transfer may be made by the superintendent to the secretary as specified in these rules, as well as anytime the superintendent believes the transfer to be in the best interests of the state or the welfare of the inmate. Transfer recommendations sh…

The purpose of these rules is to maintain the safety, security, and discipline of adult correctional facilities operated under the jurisdiction of the department of corrections in accordance with Title 72 RCW et al., by establishing guidelines for the development of department an…

(1) "Contraband" consists of all illegal items, alcoholic beverages, and other items which a resident of a correctional institution may not have in his possession, as defined in regulations adopted by the superintendent of an institution and approved by the secretary.(2) "Illegal…

(1) Only authorized items may be retained by an inmate in the custody of the department. All authorized items shall be retained at the owner's risk. The state of Washington shall not be liable for any loss or damage.(2) Authorized items may be limited in quantity and value when n…

(1) Contraband items will be confiscated 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 …

All personal property, whether confiscated, in the possession of the inmates or maintained by the institution shall be inventoried on forms established and approved by the secretary.A continuous log will be maintained at each holding area designated for inmate personal property. …

Upon formal release from the institution, all personal property in the custody of the superintendent shall be returned to the inmate. If the inmate believes that property of value belonging to him/her has been lost or damaged due to staff negligence, he/she may file a claim pursu…

The secretary may adopt rules and regulations implementing this chapter.[Statutory Authority: RCW 72.08.103, 72.09.050, 72.13.080 and 72.15.040. WSR 83-20-035 (Order 83-08), § 137-36-070, filed 9/27/83.]

The purpose of these rules is to maintain the safety, security, and discipline of adult prison facilities operated under the jurisdiction of the department of corrections in accordance with Title 72 RCW et al., by establishing guidelines for the development of departmental and in…

(1) "Contraband" includes illegal items, explosives, deadly weapons, alcoholic beverages, drugs, tobacco products, controlled substances and any item that is controlled, limited, or prohibited on the grounds or within the secure perimeter of a correctional facility as defined by …

(1) All mail intended for or to be sent by an individual, excluding legal mail discussed in subsection (3) of this section, may be inspected at any time by the staff designated by the superintendent or his/her designee(s). Mail may be disapproved for receipt or transmittal in acc…

(1) Incoming mail to individuals may be disapproved for receipt for any one of the following reasons:(a) The mail threatens illegal activity including, but not limited to, threats of physical harm, blackmail or extortion.(b) The mail threatens the safety and security of the insti…

(1) If an individual's outgoing mail is restricted, written notification will be provided to the individual by the mailroom staff. This notification shall contain the specific reason for this action. The notice shall contain notification to the individual that the restriction bec…

(1) Except as otherwise stated in this section, mail costs shall be the responsibility of the individual.(2) Mail which arrives at the institution with postage due may, at the option of the superintendent, be delivered to the individual. The institution may pay the postage due in…

The institution superintendent or his/her designee(s) shall be responsible for the maintenance of a continuous record showing the source and destination of legal mail, packages and items of monetary value mailed by or mailed to an individual. The secretary shall establish procedu…

(1) Telephone facilities shall be provided in appropriate numbers and locations to permit reasonable and equitable access to all individuals, except individuals of the reception center and those individuals in disciplinary segregation.(2) The superintendent shall promulgate writt…

The secretary may adopt rules and regulations implementing this chapter.[Statutory Authority: RCW 72.08.380, 72.09.050 and 72.12.140. WSR 83-20-036 (Order 83-09), § 137-48-090, filed 9/27/83.]