Washington Administrative Code

Each offender of a multiple-offender cell will be held accountable for an infraction that occurs within the confines of such cell unless he/she can establish a lack of involvement in the infraction.[WSR 95-22-059, § 137-96-100, filed 10/30/95, effective 12/1/95.]Reviser's note: U…

An offender may receive earned time sentence reduction for participating or attempting to participate in facility work, education, or training programs in accordance with department policy. Prior to a denial of earned time, the basis for the proposed denial shall be explained to …

(1) It shall be the duty of the superintendent to report any violation of a federal, state, or local law to law enforcement authorities.(2) If a violation has been reported to law enforcement authorities, the offender shall not be questioned about the incident, outside of a forma…

(1) In the event of a general infraction, a staff member may make an on-site adjustment which may consist of:(a) Counseling, warning, or reprimanding the offender; and/or(b) Causing the offender to remove himself/herself from the situation immediately involved in the violation.(2…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abuse" means any act or failure to act by a department employee, subcontractor, or volunteer which was performed, or which was failed to be performed, knowingly, reckl…

Office of the corrections ombuds was created and receives its authority from chapter 43.06C RCW.[Statutory Authority: RCW 43.06C.040 (1)(k), and (2)(c), and 43.06C.060(2). WSR 21-18-049, § 138-10-020, filed 8/25/21, effective 9/25/21.]

Office of the corrections ombuds shall:(1) Establish priorities for use of the limited resources available to the ombuds;(2) Maintain a statewide toll-free telephone number, a collect telephone number, a website, and a mailing address for the receipt of complaints and inquiries;(…

(1) The ombuds may initiate and attempt to resolve an investigation upon his or her own initiative, or upon receipt of a complaint from an incarcerated individual, a family member, a representative of an incarcerated individual, a department employee, or others, regarding any of …

(1) Ombuds' investigative records are confidential and exempt from disclosure under the Public Records Act, chapter 42.56 RCW, and RCW 43.06C.060, except so far as disclosures may be necessary to enable the office to perform its duties and to support recommendations resulting fro…

(1) The office of the corrections ombuds serves the purpose of providing information to incarcerated individuals and their families; promoting public awareness and understanding of the rights and responsibilities of incarcerated individuals; identifying system issues and response…

The public records officer for the ombuds shall be responsible for responses to requests for public records. Any person wishing to request access to public records of the corrections ombuds office, or seeking assistance in making such a request should contact the public records o…

(1) Hours for inspection of records. Public records are available for inspection and copying by appointment during normal business hours of the ombuds office, Monday through Friday, 9:00 a.m. to 4:00 p.m., excluding legal holidays. Original records must be inspected at the ombuds…

(1) Order of response. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records o…

(1) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records.(2) Providing electronic records. When a requestor requests records in an electronic format, the public records officer will provide the none…

(1) The Public Records Act provides that a number of types of records are exempt from public inspection and copying. In addition, records are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, out…

(1) Copying fees - Payments. The following copy fees and payment procedures apply to requests to the office under chapter 42.56 RCW and received on or after July 23, 2017.(2) Pursuant to RCW 42.56.120 (2)(b), the office is not calculating all actual costs for copying records beca…

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall inclu…

The commission consists of the executive director, staff, and 21 commissioners. The executive director will approve recommendations for training consistent with adopted goals and standards. The executive director will approve recommendations and other matters of the commission th…

(1) The Washington state criminal justice training commission shall approve annual training schedules and budgets and may adopt standards and/or goals for criminal justice personnel and disciplines within its purview.(2) The executive director of the commission may approve traini…

The following definitions apply to Title 139 WAC, unless otherwise defined in a specific chapter or subchapter of this title.(1) Affiliation means advocating for or providing material support or resources to extremist organizations by:(a) Knowingly or publicly displaying, posting…

(1) The commission will not make its facilities or services available to individuals or organizations which do not assure that they will comply with the terms of the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Washington law against discrimination. Us…

Individuals or organizations wishing to use commission facilities must complete a facility use agreement and submit it to the facilities maintenance office, or facility manager for approval. The licensee shall accept responsibility for any damage done to the commission property. …

(1) Appropriate equipment is expected to be used when the absence of such equipment may be detrimental to that facility (e.g., tennis shoes must be worn on gymnasium floors).(2) Individuals or organizations using the facilities are required to leave the premises in the same condi…

The use fee depends on the purpose of the activity and the nature of the group using the facility, which shall be determined based on the current prevailing economic situation and consistent with the standard charge within the local geographical area. The actual fee will be set b…

(1) These rules establish procedures the Washington state criminal justice training commission will follow to provide full access to public records. These rules:(a) Provide information to persons wishing to request commission public records; and(b) Establish processes for both re…

The definitions set forth in RCW 42.56.010 apply throughout this chapter. In addition, the definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) Commercial purposes means a business activity by any form of business enterprise …

(1) The Washington state criminal justice training commission is the state training academy for law enforcement and corrections professionals. The commission's campus is located in Burien, WA at 19010 1st Avenue South. The commission has a fiscal office in Lacey, WA located at 30…

(1) Hours for inspection of records. Public records are available for inspection and copying by appointment, per WAC 139-02-090(9), during customary business hours of the commission. Records must be inspected at the Burien campus of the commission.(2) Records index.(a) The commis…

(1) The following copy fees and payment procedures apply to requests to the agency under chapter 42.56 RCW.(2) Actual costs. Pursuant to RCW 42.56.120 (2)(b), the agency is not calculating all actual costs for copying records because to do so would be unduly burdensome for the fo…

(1) Providing fullest assistance. The Washington state criminal justice training commission is charged by statute with adopting rules which provide for how it shall "provide full access to public records," "protect records from damage or disorganization," "prevent excessive inter…

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The petition shall inclu…

No provisions of any rule contained in this title shall be construed as giving authority to any commission records or public records officer or employee to give, sell, or provide access to lists of individuals requested for commercial purposes. If a list of individuals is include…

Practice and procedure before the commission shall comport with the model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended. The model rules hereby adopted are found in chapter 10-08 WAC. Other procedural rules…

(1) All applications requesting that the commission conduct an adjudicative proceeding shall be made on a form provided by the commission for that purpose. The application must specify the issue to be brought before the commission, including:(a) The action for which review is req…

(1) Requests for exemption, waiver, extension or variance from the commission's regulations may be pursued only under this section.(2) A request for exemption, waiver, extension or variance may be made only by the head of a law enforcement or corrections agency or head of an agen…

The presiding officer shall hold one or more prehearing conferences in each case, which may be held telephonically and shall be attended by the parties or their attorneys. The parties shall be prepared to discuss the timing and filing of any motions, and witness and exhibit lists…

Unless otherwise provided by law or rule:(1) The standard of proof on all factual issues is preponderance of the evidence.(2) The burden of proof for the final administrative decision of the commission rests with the commission.(3) In any action to appeal the commission's final a…

The initial order will become final unless, within thirty days of mailing of the initial order to the parties, the commission determines that the initial order should be reviewed or a party to the proceedings files a petition for review of the initial order. A petition for review…

Disposition of a petition for stay of effectiveness of a final order shall be made by the chair of the commission or the chair's designee.[Statutory Authority: RCW 43.101.080. WSR 00-17-017, § 139-03-080, filed 8/4/00, effective 9/4/00.]

(1) A peace officer or tribal police officer whose certification has been denied, revoked, suspended, or is under review by this state or any other state or territory, is not eligible for a basic law enforcement academy diploma.(2)(a) As a condition of continued employment, unles…

(1) A peace officer, tribal police officer, or corrections officer whose certification, commission, or licensing has been revoked or suspended, or is under review by this state or any other state or territory is not eligible to receive certification through an equivalency academy…

It is the responsibility of each agency to conduct a background investigation of its applicant, as outlined by RCW 43.101.095 and WAC 139-06-010, as a precondition of academy admission.[Statutory Authority: RCW 43.101.080. WSR 23-01-086, § 139-05-220, filed 12/16/22, effective 1/…

(1) For admission to the basic law enforcement academy, each recruit must possess good health and physical capability to actively and fully participate in defensive tactics training and other required physical activities.(2) In order to minimize risk of injury and maximize the be…

Each recruit in a basic law enforcement academy will receive a diploma only upon full and successful completion of the academy as prescribed by the commission. The performance of each recruit shall be evaluated as follows:(1) Academic performance.(a) A standardized evaluation pro…

(1) A law enforcement agency may sponsor a reserve officer, as defined by WAC 139-05-810, as an applicant for the basic law enforcement academy.(2) The commission has sole discretion to admit or deny admittance to the basic law enforcement academy. Priority for admittance to the …

No person may be readmitted to any basic law enforcement academy except as provided in this section and in accordance with WAC 139-06-130.(1) Any request for readmission must be made and submitted by the individual's employing agency head, or designee, in accordance with commissi…

The basic law enforcement and reserve academy curriculum of the commission may include, but not be limited to, the following core subject areas with common threads of communications, community policing, and professional ethics throughout:(1) Use of force training consistent with …

The commission recognizes that continuing education and training is the cornerstone for a successful career as a certified officer (WAC 139-01-310) in providing competent public safety services to the communities of Washington state.(1) Every certified officer under RCW 43.101.09…

(1) A peace officer or tribal police officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a basic reserve law enforcement academy certificate, regard…

(1) A peace officer or tribal peace officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a basic reserve law enforcement academy certificate of equiv…