RCW 72.09.652
Use of restraints on pregnant women or youth in custody
—
Provision of information to staff and pregnant women and youth in custody.
(1) The secretary shall provide an informational packet about the requirements of chapter 181, Laws of 2010 to all medical staff and nonmedical staff who are involved in the transportation of women and youth who are pregnant, as well as such other staff as the secretary deems appropriate. The informational packet provided to staff under this section shall be developed as provided in RCW 70.48.800
.
(2) The secretary shall cause the requirements of chapter 181, Laws of 2010 to be provided to all women or youth who are pregnant, at the time the department assumes custody of the person. In addition, the secretary shall cause a notice containing the requirements of chapter 181, Laws of 2010 to be posted in conspicuous locations in the correctional facilities, including but not limited to the locations in which medical care is provided within the facilities.
[
2010 c 181 s 3
.]
RCW 72.09.670
Gang involvement among incarcerated offenders
—
Intervention programs
—
Study.
(1) The department shall study and establish best practices to reduce gang involvement and recruitment among incarcerated offenders. The department shall study and make recommendations regarding the establishment of:
(a) Intervention programs within the institutions of the department for offenders who are seeking to opt out of gangs. The intervention programs shall include, but are not limited to, tattoo removal, anger management, preparation to obtain a high school equivalency certificate as described in RCW 28B.50.536, and other interventions; and
(b) An intervention program to assist gang members with successful reentry into the community.
(2) The department shall report to the legislature on its findings and recommendations by January 1, 2009.
[
2013 c 39 s 25
;
2008 c 276 s 601
.]
NOTES:
Severability
—
Part headings, subheadings not law
—
2008 c 276:
See notes following RCW 36.28A.200
.
RCW 72.09.680
Statewide security advisory committee.
(1) The department shall establish a statewide security advisory committee to conduct comprehensive reviews of the department's total confinement security-related policies and procedures.
(2) The statewide security advisory committee shall make recommendations to the secretary regarding methods to provide consistent application of the policies and procedures regarding security issues in total confinement correctional facilities.
(3) The statewide security advisory committee shall include a balance of institutional staff including, but not limited to, custody staff. At a minimum, the statewide security advisory committee shall include:
(a) The director of prisons or his or her designee;
(b) A nonsupervisory classified employee and/or sergeant from each local advisory committee of a major facility and one nonsupervisory classified employee and/or sergeant representative from a minimum facility;
(c) A senior-ranking security custody staff member from each major correctional facility and a senior-ranking custody staff member from a minimum correctional facility;
(d) A senior-ranking community corrections officer; and
(e) A delegate from the union that represents department employees located at correctional facilities.
(4) The statewide security advisory committee shall develop guidelines to establish local security advisory committees for each total confinement correctional facility within the department. The chair of each local security advisory committee shall be the captain at a major facility and the lieutenant at a minimum security facility. The local security advisory committee should consist of a wide range of nonsupervisory classified employees and/or sergeants from the facility, such as medical staff, class counselors, program staff, and mental health staff.
(5) The department shall report back to the governor and appropriate committees of the legislature by November 1, 2011, and annually thereafter. The report shall include:
(a) Recommendations raised by both the statewide and local security advisory committees;
(b) Recommendations, if any, for improving the ability of nonsupervisory classified employees to provide input on safety concerns including labor and industries mandated safety committees and the inclusion of safety issues in collective bargaining;
(c) Actions taken by the department as a result of recommendations by the statewide and local security advisory committees; and
(d) Recommendations for additional resources or legislation to address security concerns in total confinement correctional facilities.
(6) The department shall report back to the governor and the appropriate committees of the legislature by November 1, 2011, on issues related to safety within community corrections. The department shall engage employees from all levels of the community corrections division in preparing the report.
[
2011 c 252 s 2
.]
NOTES:
Intent
—
2011 c 252:
"It is the intent of the legislature to promote safe state correctional facilities. Following the tragic murder of officer Jayme Biendl, the governor and department of corrections requested the national institute of corrections to review safety procedures at the Monroe reformatory. While the report found the Monroe reformatory is a safe institution, it recommends changes that would enhance safety. The legislature recognizes that operating safe institutions requires ongoing efforts to address areas where improvements can be made to enhance the safety of state correctional facilities. This act addresses ways to increase safety at state correctional facilities and implements changes recommended in the report of the national institute of corrections." [
2011 c 252 s 1
.]
RCW 72.09.682
Multidisciplinary teams
—
Inmate job assignments.
(1) The department shall establish multidisciplinary teams at each total confinement correctional facility that will evaluate offenders' placements in inmate job assignments and custody promotions. The teams at each facility shall determine suitable placements based on the offender's risk, behavior, or other factors considered by the team.
(2) At a minimum, each team shall have representation from a wide range of nonsupervisory classified employees and/or sergeants from the facility, such as medical staff, class counselors, program staff, and mental health staff.
[
2011 c 252 s 3
.]
NOTES:
Intent
—
2011 c 252:
See note following RCW 72.09.680
.
RCW 72.09.684
Training curriculum
—
Safety issues
—
Total confinement correctional facilities.
(1) The department shall develop training curriculum regarding staff safety issues at total confinement correctional facilities. At a minimum, the training shall address the following issues:
(a) Security routines;
(b) Physical plant layout;
(c) Offender movement and program area coverage; and
(d) Situational awareness and de-escalation techniques.
(2) The department shall seek the input of both the statewide security and local [statewide and local security] advisory committees in developing the curriculum.
(3) The department shall deliver such training to applicable correctional staff at in-service training by July 1, 2012.
[
2011 c 252 s 4
.]
NOTES:
Intent
—
2011 c 252:
See note following RCW 72.09.680
.
RCW 72.09.686
Body alarms and proximity cards
—
Study and report.
(1) The department may pilot the use of body alarms and proximity cards within available resources.
(2) The department shall hire a consultant to study the feasibility of implementing a statewide system for staff safety, utilizing body alarms and proximity cards for staff within the department's total confinement correctional facilities and report findings and recommendations to the governor and appropriate committees of the legislature by November 1, 2011. At a minimum, the report shall include:
(a) Recommendations for the use of body alarms by security level;
(b) Recommendations for specific positions that should require the use of body alarms;
(c) The information technological and infrastructure requirements needed for body alarms and proximity cards;
(d) The training requirements for body alarms;
(e) Lessons learned from any pilot project the department may implement in the interim;
(f) The estimated cost of the alarms and proximity cards and needed supporting infrastructure, staffing, and training requirements.
(3) The consultant shall seek the input of both the statewide and local security advisory committees in preparing his or her report.
[
2011 c 252 s 5
.]
NOTES:
Intent
—
2011 c 252:
See note following RCW 72.09.680
.
RCW 72.09.688
Video monitoring cameras
—
Study and report.
(1) The department shall hire a consultant to study the deployment of video monitoring cameras within the department to make recommendations regarding statewide standards for the positioning and use of video monitoring cameras in total confinement correctional facilities and report findings and recommendations to the governor and appropriate committees of the legislature by November 1, 2011. At a minimum, the report shall include:
(a) Recommendations for the use of video monitoring cameras by security level;
(b) Recommendations for specific locations within a total confinement correctional facility which would benefit from the use of video monitoring cameras;
(c) The information technological and infrastructure requirements needed for effective use of video monitoring cameras;
(d) Recommendations for how video monitoring cameras would best be deployed in current total confinement correctional facilities;
(e) Recommendations about how video monitoring cameras should be incorporated into future prison construction to insure consistency in camera use systemwide;
(f) The estimated cost of the video monitoring cameras, supporting infrastructure needed, and staffing required by the total confinement correctional facility.
(2) The consultant shall seek the input of both the statewide and local security advisory committees in preparing his or her report.
[
2011 c 252 s 6
.]
NOTES:
Intent
—
2011 c 252:
See note following RCW 72.09.680
.
RCW 72.09.690
Pepper spray
—
Plan for use.
(1) The department shall develop a comprehensive plan for the use of oleoresin capsicum aerosol products, commonly referred to as pepper spray, as a security measure available for staff at total confinement correctional facilities.
(2) The department may initiate a pilot project, within available funds, to expand the deployment of oleoresin capsicum aerosol products within total confinement correctional facilities.
(3) The department's plan for the deployment of oleoresin capsicum aerosol products to staff shall include findings, if any, from the pilot project, recommendations regarding which facility's use should be limited to, what the training requirements should be, the estimated costs, and an implementation schedule.
(4) The department shall seek the input of both the statewide and local security advisory committees in developing its plan.
(5) The department shall report its plan, including costs, to the governor and appropriate committees of the legislature by November 1, 2011.
[
2011 c 252 s 7
.]
NOTES:
Intent
—
2011 c 252:
See note following RCW 72.09.680
.
RCW 72.09.710
Drug offenders
—
Notice of release or escape.
(1) At the earliest possible date, and in no event later than ten days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, community custody, work release placement, furlough, or escape about a specific inmate convicted of a serious drug offense to the following if such notice has been requested in writing about a specific inmate convicted of a serious drug offense:
(a) Any witnesses who testified against the inmate in any court proceedings involving the serious drug offense; and
(b) Any person specified in writing by the prosecuting attorney.
Information regarding witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate.
(2) If an inmate convicted of a serious drug offense escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction. If previously requested, the department shall also notify the witnesses who are entitled to notice under this section. If the inmate is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(3) If any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
(4) The department of corrections shall send the notices required by this section to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(5) For purposes of this section, "serious drug offense" means an offense under RCW 69.50.401
(2) (a) or (b) or
69.50.4011
(2) (a) or (b).
(6) Information and records prepared, owned, used, or retained by the department of corrections that reveal any notification or request for notification regarding any specific individual, or that reveal the identity, location of, or any information submitted by a person who requests or is invited to enroll for notification under subsection (1) of this section, are exempt from public inspection and copying under chapter
42.56
RCW.
[
2023 c 391 s 3
;
2008 c 231 s 26
;
2003 c 53 s 61
;
1996 c 205 s 4
;
1991 c 147 s 1
. Formerly RCW 9.94A.610, 9.94A.154
.]
NOTES:
Intent
—
Application
—
Application of repealers
—
Effective date
—
2008 c 231:
See notes following RCW 9.94A.701
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 72.09.712
Prisoner escape, parole, release, community custody or work release placement, or furlough
—
Notification procedures.
(1) At the earliest possible date, and in no event later than thirty days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, release, community custody, work release placement, furlough, or escape about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, a domestic violence court order violation pursuant to RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or
26.52.070, or any of the former RCW 26.50.110
and
74.34.145, a felony harassment offense as defined by RCW 9A.46.060
or
9A.46.110, a domestic violence offense as defined by RCW 10.99.020, an assault in the third degree offense as defined by RCW 9A.36.031, an unlawful imprisonment offense as defined by RCW 9A.40.040, a custodial interference in the first degree offense as defined by RCW 9A.40.060, a luring offense as defined by RCW 9A.40.090, a coercion into involuntary servitude offense as defined by RCW 9A.40.110, a criminal gang intimidation offense as defined by RCW 9A.46.120, an intimidating a public servant offense as defined by RCW 9A.76.180, an intimidation or harassment with an explosive offense as defined by RCW 70.74.275, a vehicular homicide by disregard for the safety of others offense as defined by RCW 46.61.520, or a controlled substances homicide offense as defined by RCW 69.50.415, to the following:
(a) The chief of police of the city, if any, in which the inmate will reside or in which placement will be made in a work release program; and
(b) The sheriff of the county in which the inmate will reside or in which placement will be made in a work release program.
The sheriff of the county where the offender was convicted shall be notified if the department does not know where the offender will reside. The department shall notify the state patrol of the release of all sex offenders, and that information shall be placed in the Washington crime information center for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this section shall be sent to the following if such notice has been requested in writing about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, a domestic violence court order violation pursuant to RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or
26.52.070, or any of the former RCW 26.50.110
and
74.34.145, a felony harassment offense as defined by RCW 9A.46.060
or
9A.46.110, a domestic violence offense as defined by RCW 10.99.020, an assault in the third degree offense as defined by RCW 9A.36.031, an unlawful imprisonment offense as defined by RCW 9A.40.040, a custodial interference in the first degree offense as defined by RCW 9A.40.060, a luring offense as defined by RCW 9A.40.090, a coercion into involuntary servitude offense as defined by RCW 9A.40.110, a criminal gang intimidation offense as defined by RCW 9A.46.120, an intimidating a public servant offense as defined by RCW 9A.76.180, an intimidation or harassment with an explosive offense as defined by RCW 70.74.275, a vehicular homicide by disregard for the safety of others offense as defined by RCW 46.61.520, or a controlled substances homicide offense as defined by RCW 69.50.415
:
(a) The victim of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide;
(b) Any witnesses who testified against the inmate in any court proceedings involving the violent offense;
(c) Any person specified in writing by the prosecuting attorney; and
(d) Any person who requests such notice about a specific inmate convicted of a sex offense as defined by RCW 9.94A.030
from the department of corrections at least sixty days prior to the expected release date of the offender.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate. Whenever the department of corrections mails notice pursuant to this subsection and the notice is returned as undeliverable, the department shall attempt alternative methods of notification, including a telephone call to the person's last known telephone number.
(3) The existence of the notice requirements contained in subsections (1) and (2) of this section shall not require an extension of the release date in the event that the release plan changes after notification.
(4) If an inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, a domestic violence court order violation pursuant to RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or
26.52.070, or any of the former RCW 26.50.110
and
74.34.145, a felony harassment offense as defined by RCW 9A.46.060
or
9A.46.110, a domestic violence offense as defined by RCW 10.99.020, an assault in the third degree offense as defined by RCW 9A.36.031, an unlawful imprisonment offense as defined by RCW 9A.40.040, a custodial interference in the first degree offense as defined by RCW 9A.40.060, a luring offense as defined by RCW 9A.40.090, a coercion into involuntary servitude offense as defined by RCW 9A.40.110, a criminal gang intimidation offense as defined by RCW 9A.46.120, an intimidating a public servant offense as defined by RCW 9A.76.180, an intimidation or harassment with an explosive offense as defined by RCW 70.74.275, a vehicular homicide by disregard for the safety of others offense as defined by RCW 46.61.520, or a controlled substances homicide offense as defined by RCW 69.50.415, escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction. If previously requested, the department shall also notify the witnesses and the victim of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide. If the inmate is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(5) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
(6) The department of corrections shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(7) The department of corrections shall keep, for a minimum of two years following the release of an inmate, the following:
(a) A document signed by an individual as proof that that person is registered in the victim or witness notification program; and
(b) A receipt showing that an individual registered in the victim or witness notification program was mailed a notice, at the individual's last known address, upon the release or movement of an inmate.
(8) For purposes of this section the following terms have the following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030
;
(b) "Next of kin" means a person's spouse, state registered domestic partner, parents, siblings and children.
(9) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.
(10) Information and records prepared, owned, used, or retained by the department of corrections that reveal any notification or request for notification regarding any specific individual, or that reveal the identity, location of, or any information submitted by a person who requests or is invited to enroll for notification under subsection (2) of this section, are exempt from public inspection and copying under chapter
42.56
RCW.
[
2023 c 391 s 1
;
2022 c 82 s 1
;
2021 c 215 s 160
;
2019 c 46 s 5043
. Prior:
2009 c 521 s 166
;
2009 c 400 s 1
;
2008 c 231 s 27
;
1996 c 215 s 4
; prior:
1994 c 129 s 3
;
1994 c 77 s 1
; prior:
1992 c 186 s 7
;
1992 c 45 s 2
;
1990 c 3 s 121
;
1989 c 30 s 1
;
1985 c 346 s 1
. Formerly RCW 9.94A.612, 9.94A.155
.]
NOTES:
Effective date
—
2022 c 82:
"This act takes effect July 1, 2022." [
2022 c 82 s 4
.]
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192:
See note following RCW 2.10.900
.
Effective date
—
2009 c 400:
"This act takes effect August 1, 2009." [
2009 c 400 s 3
.]
Intent
—
Application
—
Application of repealers
—
Effective date
—
2008 c 231:
See notes following RCW 9.94A.701
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Findings
—
Intent
—
1994 c 129:
See note following RCW 4.24.550
.
Severability
—
1992 c 186:
See note following RCW 9A.46.110
.
Severability
—
Application
—
1992 c 45:
See notes following RCW 9.94A.840
.
RCW 72.09.713
Prisoner escape, parole, release, community custody or work release placement, or furlough
—
Notice of work release placement.
(1) When a victim of a crime or the victim's next of kin requests notice under RCW 72.09.712
regarding a specific inmate, the department shall advise the requester in writing of the possibility that part of the sentence may be served by the inmate in a work release facility and instruct the requester on how to submit input to the department regarding the inmate's work release placement.
(2) When the department notifies a victim or the victim's next of kin under RCW 72.09.712
of an offender's placement in work release, the department shall also provide instruction on how to submit input regarding the offender's work release placement.
(3) The department shall consider any input received from a victim or the victim's next of kin under subsection (1) or (2) of this section if the input is received at least seven days prior to the offender's placement in work release. The department may consider any input from a victim or the victim's next of kin under subsection (1) or (2) of this section if the input is received less than seven days prior to the offender's placement in work release. The department may alter its placement decision based on any input considered under this subsection.
[
2009 c 69 s 1
.]
NOTES:
Effective date
—
2009 c 69 s 1:
"Section 1 of this act takes effect August 1, 2009." [
2009 c 69 s 2
.]
RCW 72.09.714
Prisoner escape, release, or furlough
—
Homicide, violent, and sex offenses
—
Rights of victims and witnesses.
The department of corrections shall provide the victims, witnesses, and next of kin in the case of a homicide and victims and witnesses involved in violent offense cases, sex offenses as defined by RCW 9.94A.030, a domestic violence court order violation pursuant to RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, *
26.10.220, 26.26B.050, or
26.52.070, or any of the former RCW 26.50.110
and
74.34.145, a felony harassment pursuant to RCW 9A.46.060
or
9A.46.110, a domestic violence offense as defined in RCW 10.99.020, an assault in the third degree offense under RCW 9A.36.031, an unlawful imprisonment offense under RCW 9A.40.040, a custodial interference in the first degree offense as defined by RCW 9A.40.060, a luring offense as defined by RCW 9A.40.090, a coercion into involuntary servitude offense as defined by RCW 9A.40.110, a criminal gang intimidation offense as defined by RCW 9A.46.120, an intimidating a public servant offense as defined by RCW 9A.76.180, an intimidation or harassment with an explosive offense as defined by RCW 70.74.275, a vehicular homicide by disregard for the safety of others offense under RCW 46.61.520, or a controlled substances homicide offense under RCW 69.50.415, a statement of the rights of victims and witnesses to request and receive notification under RCW 72.09.712
and
72.09.716
.
[
2023 c 391 s 4
;
2021 c 215 s 161
;
2019 c 46 s 5044
. Prior:
2009 c 400 s 2
;
2009 c 28 s 37
;
1989 c 30 s 2
;
1985 c 346 s 2
. Formerly RCW 9.94A.614, 9.94A.156
.]
NOTES:
*Reviser's note:
RCW 26.10.220
was repealed by
2020 c 312 s 905
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2009 c 400:
See note following RCW 72.09.712
.
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
RCW 72.09.716
Prisoner escape, release, or furlough
—
Requests for notification.
Requests for notification under RCW 72.09.712
shall be made by sending a written request by certified mail directly to the department of corrections and giving the defendant's name, the name of the county in which the trial took place, and the month of the trial. Notification information and necessary forms shall be available through the department of corrections, county prosecutors' offices, and other agencies as deemed appropriate by the department of corrections.
[
2009 c 28 s 38
;
1985 c 346 s 3
. Formerly RCW 9.94A.616, 9.94A.157
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
RCW 72.09.718
Prisoner escape, release, or furlough
—
Notification as additional requirement.
The notification requirements of RCW 72.09.712
are in addition to any requirements in RCW 43.43.745
or other law.
[
2009 c 28 s 39
;
1985 c 346 s 4
. Formerly RCW 9.94A.618, 9.94A.158
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
RCW 72.09.720
Prisoner escape, release, or furlough
—
Consequences of failure to notify.
Civil liability shall not result from failure to provide notice required under RCW 72.09.712
through
72.09.718, 9.94A.030, and
43.43.745
unless the failure is the result of gross negligence.
[
2009 c 28 s 40
;
1985 c 346 s 7
. Formerly RCW 9.94A.620, 9.94A.159
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
RCW 72.09.730
Schools
—
Notice to designated recipient of offender release.
(1) The provisions of this section apply only to an offender released from confinement who:
(a) Was convicted of a violent offense or sex offense as those terms are defined in RCW 9.94A.030
;
(b) Is twenty-one years of age or younger at the time of release; and
(c) Has not received a high school diploma or its equivalent.
(2) At the earliest practicable date, and in no event later than thirty days before release from confinement, the department must provide written notification of the release of an offender described in subsection (1) of this section to the designated recipient of the school where the offender:
(a) Was enrolled prior to incarceration or detention; or
(b) Has expressed an intention to enroll following his or her release.
(3) If after providing notification as required under subsection (2) of this section, the release of an offender described in subsection (1) of this section is delayed, the department must inform the designated recipient of the modified release date.
(4) This section applies whenever an offender is being released from total confinement, regardless if the release is to parole, community custody, work release placement, or furlough.
(5) For the purposes of this section, "designated recipient" means: (a) The superintendent of the school district, or his or her designee, of a common school as defined in RCW 28A.150.020
or a school that is the subject of a state-tribal education compact under chapter
28A.715
RCW; (b) the administrator of a charter public school governed by chapter
28A.710
RCW; or (c) the administrator of a private school approved under chapter
28A.195
RCW.
[
2020 c 167 s 9
;
2011 c 107 s 1
.]
RCW 72.09.740
Reimbursement for state patrol expenses towards water line construction for Shelton academy.
Prior to connection of the Washington correction center in Shelton to the city water system and consistent with Article II, section 40 of the state Constitution, the department must reimburse the state patrol highway account created in RCW 46.68.030
for any expenses incurred by the Washington state patrol for the department's share of the cost to construct a water line to the Washington state patrol's Shelton academy as identified in chapter 86, Laws of 2012.
[
2012 c 86 s 805
.]
NOTES:
Contingency
—
2012 c 86 s 805:
"If funding is provided in the 2012 supplemental omnibus capital appropriations act for more than $2,047,000, for the purposes of constructing a water line to the Washington state patrol's Shelton academy, section 805 of this act is null and void." [
2012 c 86 s 806
.] Funding was not provided in the 2012 supplemental omnibus capital appropriations act (chapter 2, Laws of 2012 2nd sp.s.).
RCW 72.09.745
Security threat groups
—
Information collection.
(1) The department may collect, evaluate, and analyze data and specific investigative and intelligence information concerning the existence, structure, activities, and operations of security threat groups and the participants involved therein under the jurisdiction of the department. The data compiled may aid in addressing violence reduction, illegal activities, and identification of offender separation or protection needs, and may be used to assist law enforcement agencies and prosecutors in developing evidence for purposes of criminal prosecution upon request.
(2) The following security threat group information collected and maintained by the department shall be exempt from public disclosure under chapter
42.56
RCW: (a) Information that could lead to the identification of a person's security threat group status, affiliation, or activities; (b) information that reveals specific security threats associated with the operation and activities of security threat groups; and (c) information that identifies the number of security threat group members, affiliates, or associates.
[
2013 c 315 s 1
.]
RCW 72.09.750
Access to reentry programs and services for wrongly convicted persons.
When a court refers a person to the department under RCW 4.100.060
as part of the person's award in a wrongful conviction claim, the department must provide reasonable access to existing reentry programs and services. Nothing in this section requires the department to establish new reentry programs or services.
[
2013 c 175 s 12
.]
RCW 72.09.755
Department of corrections
—
Use of screening and assessment process.
The department of corrections shall, to the extent that resources are available for this purpose, utilize the integrated, comprehensive screening and assessment process for chemical dependency and mental disorders developed under RCW 71.24.630
.
[
2016 sp.s. c 29 s 528
;
2005 c 504 s 602
. Formerly RCW 70.96C.020
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
RCW 72.09.760
Facility commissary program
—
Access.
(1) In providing access to the facility commissary program in state correctional facilities, the department is strongly encouraged to provide, at a minimum, weekly access to the facility commissary program across all departmental institutions of total confinement. The department may not reduce frequency at departmental institutions that have weekly access to the facility commissary program as of June 11, 2020.
(2) By December 1, 2020, the department must provide access to the facility commissary program at least twenty-six times per year or once every two weeks at all institutions of total confinement.
[
2020 c 319 s 3
.]
NOTES:
Finding
—
2020 c 319:
See note following RCW 72.09.015
.
RCW 72.09.765
Inmate access to telecommunication services
—
Contracting
—
Reporting.
(1) Any contract to provide inmates with access to telecommunication services and electronic media services in state correctional facilities shall be made publicly available and posted on the department's website.
(2) The information in this subsection from the contract shall be prominently displayed on the department's public website:
(a) Rates for facilitating telecommunication services including, but not limited to, phone calls, video visitation, videograms and video clips, emails, and accessing music and entertainment;
(b) Fees charged for money transfers and transactions, maintenance of financial accounts, and any other fee charged to the user to facilitate the money transfer or online deposit account; and
(c) All fees or costs charged to the inmate or customer in exchange for use of telecommunication or electronic media services through the contract.
(3) By July 1st of each year, the contractor that provides inmates with access to telecommunication services and electronic media services under subsection (1) of this section shall report to the department the following information:
(a) A summary of services offered at each correctional facility;
(b) Rates charged for, or associated with, providing each type of service including, but not limited to, monthly financial account maintenance fees, transaction fees associated with money transfers, per call and connection surcharges, bill statement fees, and refund fees;
(c) A total accounting of commissions provided to the department or correctional facility;
(d) A summary and accounting of services used by inmates categorized as indigent;
(e) One-time and ongoing costs incurred for installing and maintaining hardware;
(f) Average customer service response time rates per facility and the average time taken to resolve an issue or provide a refund for defective services; and
(g) An accounting of all revenues or losses incurred by the contractor by quarter.
(4) By November 1st of each year, and in compliance with RCW 43.01.036, the department shall report to the governor and legislature on contracts for telecommunication services and electronic media services under this section and the contractor's annual compliance with this section.
(5) This section applies to any contract in effect on June 11, 2020, and to any renegotiation, renewal, or extension of such contract.
[
2020 c 319 s 4
.]
NOTES:
Finding
—
2020 c 319:
See note following RCW 72.09.015
.
RCW 72.09.770
Unexpected fatality review
—
Records
—
Discovery.
(1)(a) The department shall conduct an unexpected fatality review in any case in which the death of an incarcerated individual is unexpected, or any case identified by the office of the corrections ombuds for review.
(b) The department shall convene an unexpected fatality review team and determine the membership of the review team. The team shall comprise of individuals with appropriate expertise including, but not limited to, individuals whose professional expertise is pertinent to the dynamics of the case. The unexpected fatality review team shall include the office of the corrections ombuds or the ombuds' designee, and a representative from the department of health. The department shall ensure that the unexpected fatality review team is made up of individuals who had no previous involvement in the case.
(c) The primary purpose of the unexpected fatality review shall be the development of recommendations to the department and legislature regarding changes in practices or policies to prevent fatalities and strengthen safety and health protections for prisoners in the custody of the department.
(d) Upon conclusion of an unexpected fatality review required pursuant to this section, the department shall, within 120 days following the fatality, issue a report on the results of the review, unless an extension has been granted by the governor. Reports must be distributed to the appropriate committees of the legislature, and the department shall create a public website where all unexpected fatality review reports required under this section must be posted and maintained. An unexpected fatality review report completed pursuant to this section is subject to public disclosure and must be posted on the public website, except that confidential information may be redacted by the department consistent with the requirements of applicable state and federal laws.
(e) Within 10 days of completion of an unexpected fatality review under this section, the department shall develop an associated corrective action plan to implement any recommendations made by the review team in the unexpected fatality review report. Corrective action plans shall be implemented within 120 days, unless an extension has been granted by the governor. Corrective action plans are subject to public disclosure, and must be posted on the department's website in accordance with (d) of this subsection, except that confidential information may be redacted by the department consistent with the requirements of applicable state and federal laws.
(f) The department shall develop and implement procedures to carry out the requirements of this section.
(2) In any review of an unexpected fatality, the department and the unexpected fatality review team shall have access to all records and files regarding the person or otherwise relevant to the review that have been produced or retained by the agency.
(3)(a) An unexpected fatality review completed pursuant to this section is subject to discovery in a civil or administrative proceeding, but may not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to this section.
(b) A department employee responsible for conducting an unexpected fatality review, or member of an unexpected fatality review team, may not be examined in a civil or administrative proceeding regarding: (i) The work of the unexpected fatality review team; (ii) the incident under review; (iii) his or her statements, deliberations, thoughts, analyses, or impressions relating to the work of the unexpected fatality review team or the incident under review; or (iv) the statements, deliberations, thoughts, analyses, or impressions of any other member of the unexpected fatality review team, or any person who provided information to the unexpected fatality review team relating to the work of the unexpected fatality review team or the incident under review.
(c) Documents prepared by or for an unexpected fatality review team are inadmissible and may not be used in a civil or administrative proceeding, except that any document that exists before its use or consideration in an unexpected fatality review, or that is created independently of such review, does not become inadmissible merely because it is reviewed or used by an unexpected fatality review team. A person is not unavailable as a witness merely because the person has been interviewed by, or has provided a statement for, an unexpected fatality review, but if the person is called as a witness, the person may not be examined regarding the person's interactions with the unexpected fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review. This section may not be construed as restricting the person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(d) The restrictions set forth in this section do not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with an unexpected fatality reviewed by an unexpected fatality review team.
(4) For the purposes of this section:
(a) "Unexpected fatality review" means a review of any death that was not the result of a diagnosed or documented terminal illness or other debilitating or deteriorating illness or condition where the death was anticipated, and includes the death of any person under the jurisdiction of the department, regardless of where the death actually occurred. A review must include an analysis of the root cause or causes of the unexpected fatality, and an associated corrective action plan for the department to address identified root causes and recommendations made by the unexpected fatality review team under this section.
(b) "Jurisdiction of the department" does not include persons on community custody under the supervision of the department.
[
2021 c 139 s 1
.]
RCW 72.09.780
Abortion medications
—
Practice of pharmacy and wholesale distribution.
(1) The department is authorized to acquire, receive, possess, sell, resell, deliver, dispense, distribute, and engage in any activity constituting the practice of pharmacy or wholesale distribution with respect to abortion medications.
(2) The department may exercise the authority granted in this section for the benefit of any person, whether or not the person is in the custody or under the supervision of the department.
(3) The department shall exercise the authority granted in this section in accordance with any applicable law including, but not limited to, any applicable licensing requirements, except that the department is exempt from obtaining a wholesaler's license for any actions taken pursuant to chapter 195, Laws of 2023 as provided in RCW 18.64.046
.
(4)(a) The department shall establish and operate a program to deliver, dispense, and distribute abortion medications described in this section. In circumstances in which the department is selling, delivering, or distributing abortion medications to a health care provider or health care entity, it may only sell, distribute, or deliver abortion medications to health care providers and health care entities that will only use the medications for the purposes of providing abortion care or medical management of early pregnancy loss.
(b) Except as provided in (c) of this subsection, any abortion medications sold, resold, delivered, dispensed, or distributed whether individually or wholesale shall be conducted at cost not to exceed list price, plus a fee of $5 per dose to offset the cost of secure storage and delivery of medication. Revenues generated pursuant to chapter 195, Laws of 2023 shall be deposited to the general fund.
(c) During the 2025 fiscal year, any abortion medications sold, resold, delivered, dispensed, or distributed whether individually or wholesale shall be conducted at cost not to exceed list price.
(5) Nothing in this section shall diminish any existing authority of the department.
(6) For the purposes of this section, the following definitions apply:
(a) "Abortion medications" means substances used in the course of medical treatment intended to induce the termination of a pregnancy including, but not limited to, mifepristone.
(b) "Deliver" has the same meaning as in RCW 18.64.011
.
(c) "Dispense" has the same meaning as in RCW 18.64.011
.
(d) "Distribute" has the same meaning as in RCW 18.64.011
.
(e) "Health care entity" means a hospital, clinic, pharmacy, office, or similar setting where a health care provider provides health care to patients.
(f) "Health care provider" has the same meaning as in RCW 70.02.010
.
(g) "Person" has the same meaning as in RCW 18.64.011
.
(h) "Practice of pharmacy" has the same meaning as in RCW 18.64.011
.
(i) "Wholesale distribution" has the same meaning as in WAC 246-945-001.
[
2025 c 424 s 1912
;
2023 c 195 s 2
.]
NOTES:
Effective date
—
2025 c 424:
See note following RCW 9.46.100
.
Finding
—
Intent
—
2023 c 195:
"(1) It is the long-standing public policy of this state to promote access to affordable, high quality sexual and reproductive health care, including abortion care, without unnecessary burdens or restrictions on patients or providers. In 1970 Washington was one of the first states to decriminalize abortion before Roe v. Wade; and in 1991 the people of Washington passed Initiative Measure 120, the reproductive privacy act, further protecting access to abortion services. It is the public policy of the state of Washington to continue to protect and advance equal rights to access abortion care that meets each individual's needs, including access to abortion medications.
(2) The legislature finds that the continued attack on reproductive freedoms across the country require immediate action to protect the right to abortion access in Washington. Therefore, it is the intent of the legislature to ensure access to abortion medications for individuals seeking abortion care." [
2023 c 195 s 1
.]
Retroactive application
—
2023 c 195:
"This act applies retroactively and prospectively." [
2023 c 195 s 4
.]
Construction
—
2023 c 195:
"The provision of this act shall be liberally construed to give effect to the policies and purposes of this act." [
2023 c 195 s 5
.]
Effective date
—
2023 c 195:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 27, 2023]." [
2023 c 195 s 6
.]
RCW 72.09.900
Effective date
—
1981 c 136.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981.
[
1981 c 136 s 124
.]
RCW 72.09.901
Short title.
This chapter may be known and cited as the corrections reform act of 1981.
[
1981 c 136 s 1
.]
RCW 72.09.902
Construction
—
1981 c 136.
All references to the department or secretary of social and health services in other chapters of the Revised Code of Washington shall be construed as meaning the department or secretary of corrections when referring to the functions established by this chapter.
[
1981 c 136 s 29
.]
RCW 72.09.903
Savings
—
1981 c 136.
All rules and all pending business before the secretary of social and health services and the department of social and health services pertaining to matters transferred by RCW 72.09.040
shall be continued and acted upon by the department of corrections.
All existing contracts and obligations pertaining to the powers, duties, and functions transferred shall remain in full force and effect and shall be performed by the department of corrections.
The transfer of powers, duties, and functions under RCW 72.09.040
shall not affect the validity of any act performed prior to July 1, 1981, by the department of social and health services or its secretary and, except as otherwise specifically provided, shall not affect the validity of any rights existing on July 1, 1981.
If questions arise regarding whether any sort of obligation is properly that of the department of social and health services or the department of corrections, such questions shall be resolved by the director of financial management.
[
1981 c 136 s 30
.]
RCW 72.09.904
Construction
—
1999 c 196.
Nothing in chapter 196, Laws of 1999 shall be construed to create an immunity or defense from liability for personal injury or wrongful death based solely on availability of funds.
[
1999 c 196 s 17
.]
RCW 72.09.905
Short title
—
1999 c 196.
This act may be known and cited as the offender accountability act.
[
1999 c 196 s 18
.]
RCW 72.09.906
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 164
.]