Washington Administrative Code

(1) All requests for reimbursement under this chapter must be submitted on a standard Washington State Invoice Voucher Form, A-19, in triplicate, showing the total reimbursement requested, accompanied by a completed request for reimbursement form issued by the department. The vou…

(1) All requests for reimbursement shall be reviewed by the administrator.(2) The administrator shall approve or disapprove the requests for payment. If a request is disapproved in total or in part, the administrator shall notify the requesting political subdivision in writing, s…

By submitting requests for reimbursement, the requesting political subdivision agrees to:(1) Maintain records which would support the request made for a period five years after the date of such request; and(2) Make such records available for review and/or audit by the department …

Chapter 70.48 RCW as amended by chapter 235, Laws of 1984, imposes certain financial responsibility on the department of corrections for certain persons imprisoned in a city or county jail. The purpose of these rules is to establish procedures by which the department of correctio…

As used in this chapter, the following words shall have the following meanings:(1) "Secretary" shall mean the secretary of the department of corrections or the secretary's designee;(2) "Department" shall mean the department of corrections;(3) "Deputy secretary" shall mean the dep…

(1) The financial responsibility of the department under this chapter shall be limited to reimbursing cities and counties for the costs and at the rates set forth in chapter 235, Laws of 1984 or any amendment thereto hereafter enacted.(2) The financial responsibility of the depar…

(1) The department shall reimburse a city or county the actual cost of extraordinary emergency medical treatment provided to a person for whom the department is financially responsible.(2) If a person for whom the department is financially responsible requires extraordinary and e…

(1) A city or county requesting reimbursement under this chapter shall complete a form supplied by the department and file it with the Administrator, Contracts and Legal Affairs, P.O. Box 41114, Olympia, WA 98504-1114, who will confirm the accuracy of the information submitted wi…

By submitting a request for reimbursement under this chapter, the requesting city or county agrees to maintain for a period of five years after the date of the request records which would support such request, and to make such records available for review or audit by the departme…

For the purposes of this chapter the following words shall have the following meanings:(1) "Assault" means an unauthorized touching, including spitting and/or throwing a substance/object, striking, cutting, or shooting by an offender resulting in physical injury to an employee.(2…

Employees who apply to the department may be eligible for assault benefits if the department finds that each of the following has occurred:(1) An offender has assaulted the employee and as a result thereof the employee has sustained injuries which have required the employee to mi…

Employees who meet the eligibility requirements of WAC 137-78-020 and elect to apply for assault benefits shall submit a signed application for assault benefits, a properly completed report of accident/injury and a copy of his or her L&I Report of Industrial Injury or Occupationa…

(1) Assault benefits authorized by the department under this chapter shall not continue longer than the date of termination of time loss benefits by the department of labor and industries or three hundred sixty-five consecutive days from the date of the injury, whichever date is …

The employee shall, at the request and sole expense of the department, submit to an independent medical examination by a licensed physician or other licensed health care provider designated by the department to determine whether the employee may continue to receive assault benefi…

If the employee's request for assault benefits is denied by the department, the employee may, within ten working days from the date of denial, file a petition for reconsideration, stating the specific grounds upon which the application should be granted. The department shall resp…

If a dispute exists between the employee and department concerning the amount of any overpayment to be repaid the department, the employee may request a hearing in accordance with chapter 34.05 RCW and this section. The employee shall file a written petition with the Deputy Secre…

The purpose of this chapter is to specify penalties for contractors and employees of the department who engage in sexual intercourse or sexual contact with inmates.[Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, § 137-79-010, filed 10/24/07, effective 11/24/07.]

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 a person committed to the custody or under th…

Sexual intercourse or sexual contact between an employee of the department or an employee of a department contractor and an inmate is strictly prohibited, provided that the termination provisions of this chapter shall not be invoked if the sexual intercourse or sexual contact is …

(1) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between an employee and an inmate has occurred, notwithstanding any rule adopted under chapter 41.06 RCW the secretary shall immediately suspend the employee.(2) The secretary shall i…

(1) The department may, within its discretion or upon request of any member of the public, release information to an individual or to the public regarding any person or contract terminated under this section.(2) An appointed or elected public official, public employee, or public …

Hearings under this chapter shall follow the disciplinary hearing processes referenced in the collective bargaining agreement (CBA) applicable to the employee or in Title 357 WAC if the employee is not represented.[Statutory Authority: RCW 72.01.090 and 72.09.225. WSR 07-21-142, …

(1) These rules and regulations are adopted pursuant to and in accordance with chapter 34.05 RCW. The purpose is to provide standards and procedures necessary to ensure the implementation of a comprehensive work program. (See RCW 72.09.015(32).) The headings and captions for the …

(1) "Community custody" means that portion of an individual's sentence of confinement in lieu of earned release time, or imposed as part of a sentence, and served in the community subject to controls placed on the individual's movement and activities by the department. (See RCW 9…

In order to provide a comprehensive work program the department, in following the recommendation of the legislature, has adopted the following classes of work programs and made variations thereof:(1)Class I:Free venture industries;(2)Class II:Tax reduction industries;(3)Class III…

(1) The employer model industries in this class shall be operated and managed in total or in part by any for-profit or nonprofit corporation pursuant to an agreement between the corporation and the department. The corporation shall produce goods or services for sale to both the p…

(1) The department may establish Class II industry work programs that are closely patterned after private sector industries but are designed primarily to reduce the cost of goods and services. Goods produced and services provided by Class II work programs shall be provided at a r…

(1) Class III work programs are operated by the department to support internal prison operation and maintenance needs and if possible, offset tax and other public support costs. Incarcerated individuals are assigned to Class III work programs.(2) A contract is not required for Cl…

Incarcerated individuals in Class IV work status reside in facilities contracted for, owned or licensed by the department, and participate in programs that have both education and work components.(1) Class IV services may be provided to both 501(c)(3) public charity and 501(c)(4)…

(1) Individuals in this class reside in the community. They are:(a) In court ordered community restitution programs;(b) In work release status; or(c) Under community supervision or custody.(2) Class V services may be initiated by the department or provided at the request of an el…

(1) The director or his/her designee may sell all articles, materials, and supplies authorized by statute to be produced or manufactured in correctional institutions to any state agency, political subdivision of the state or as otherwise authorized by statute.(2) The secretary sh…

Except for any sum recommended by the committee to be returned to the state general fund, all net profits from institutional industries shall be placed in a special revolving fund (Class II account) and shall be used exclusively, without appropriation, in the expansion and improv…

The director shall cause to be periodically prepared and distributed to a central location in each facility a list of correctional industries' and programs' job opportunities. This list shall include, but not be limited to, job descriptions and the educational and skill requireme…

(1) As required by the state division of occupational safety and health (DOSH), individuals in work programs will be provided a safe and healthy workplace free from recognized hazards.(2) All correctional industries and programs will adhere to relevant federal and state safety la…

(1) No incarcerated individual compensated for work in correctional industries shall be considered as an employee, or to be employed by the state or the department.(2) Incarcerated individuals working in Classes I, II, and IV of correctional industries are eligible for industrial…

(1) Nothing in this chapter shall be construed as limiting the regulatory authority of the department of labor and industries in determining health and safety compliance and employer status for purposes of DOSH and Title 51 RCW, the issuance or review of citations or corrective a…

The powers and authority conferred by this chapter shall be construed as limited to this chapter and nothing herein shall be construed as applying to any other incarcerated individuals' work programs authorized by federal law or Washington state law. Neither shall anything contai…

The policy of the department of corrections (the department) with regard to health care for offenders in adult correctional facilities is to provide that care, consistent with the Offender Health Plan (OHP), which is medically necessary to respond to the offender's medical, denta…

The department intends to purchase health care in a prudent, cost-effective manner without unduly restricting offenders' access to appropriate and medically necessary care. Therefore, notwithstanding any other provisions of law, the secretary may enter into contracts with health …

When purchasing health care services and establishing medical necessity of services, the secretary is authorized to implement health care utilization management methods to assure the appropriateness of the care rendered to the offender. These methods may include but are not limit…

The secretary is authorized to institute any reasonable reimbursement mechanism for purchasing health care services from health care practitioners or health care facilities. These reimbursement mechanisms shall include, but are not limited to: Capitation; per diems, global fees; …

The secretary may establish rules and procedures for selectively and/or randomly auditing the accuracy of fees and the medical billings submitted to the department. The department, or its agent, may review the offender's community health care record to assure that the offender re…

If an offender is eligible for health care benefits through the veterans administration, the department of labor and industries (L&I), automobile insurance claims, or any other third-party payer or insurer determined to be primarily responsible for the offender's health condition…

The health care program operated by the department of corrections shall include the following services:(1) Initial examination when the offender enters the adult correction system. This examination shall include:(a) Health history;(b) An initial physical examination including lab…

Allied health professionals, those licensed certified or registered health care providers other than physicians or dentists, may be used in the health care programs at each correctional facility. Allied health professionals may deliver such care as their licensure, certification,…

The health record shall be maintained at the facility where an offender is housed. Health records of offenders housed at work release facilities shall be maintained at a location(s) designated by the regional administrator for the region in which the facility is located. Upon tra…

The purpose of this chapter is to set forth the rules and regulations governing the administration of the department's prerelease programs.[WSR 95-22-059, § 137-96-010, filed 10/30/95, effective 12/1/95.]Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapt…

(1) "Secretary" is the secretary of the department of corrections.(2) "Deputy secretary" is the deputy secretary, prisons division, department of corrections.(3) "Assistant deputy secretary" is the assistant deputy secretary, prisons division.(4) "Superintendent" is the individua…

The secretary or his or her designee may grant or deny prerelease as authorized by Title 72 RCW subject to the rules of this chapter.[WSR 95-22-059, § 137-96-030, filed 10/30/95, effective 12/1/95.]Reviser's note: Under RCW 34.05.030 (1)(c), as amended by section 103, chapter 288…

Prerelease may be authorized for one or more of the following:(1) Time remaining to release and behavior is appropriate for placement.(2) Offender has violated the terms of community placement.(3) Offender has violated the conditions of work release.(4) Offender has violated the …