reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-30 - Earned release time › Section 137-30-040 - County jail earned release time

Current through Register Vol. 24-14, July 15, 2024
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 jail administrator requesting
			 he/she provide a jail certification.
(a) If
			 the jail administrator certifies jail time credits to consecutive sentences for
			 the same time period and the judgment and sentence does not address jail time
			 credits, the CRS will correct the jail certification by deducting any duplicate
			 jail time credits and jail earned release time credits from the jail
			 certification totals and applying the remaining credits.
(b) In the case of a department sanction, if
			 the jail administrator certifies jail credits to a consecutive sentence that
			 includes credits for time served on the department sanction and the judgment
			 and sentence does not address jail time credits, the CRS will deduct the
			 sanction days served from the jail credits and the jail earned release time for
			 sanction time served and apply the remaining credits to the consecutive
			 sentence.
(c) The CRS will send a
			 request to the jail administrator requesting an amended jail certification,
			 unless the jail administrator has requested that the department not send a
			 letter. The CRS does not need to wait for the amended jail certification to
			 apply the proper credits.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-30 - Earned release time › Section 137-30-050 - Persistent prison misbehavior

Current through Register Vol. 24-14, July 15, 2024
(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 an offense committed after July 31, 1995, who have a record of
			 being a persistent management/disciplinary problem may also have earned time
			 credits taken away.
(3) Earned or
			 future ERT credits may be reduced for offenders serving a sentence for an
			 offense committed after July 31, 1995.
Statutory Authority:
				  RCW
				  72.09.130,
				  72.01.090, and
				  9.95.070. 11-11-018, §
										137-30-050, filed 5/9/11,
				  effective 6/9/11.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-30 - Earned release time › Section 137-30-060 - Release date

Current through Register Vol. 24-14, July 15, 2024
(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/her earned release date (ERD) may have available ERT taken if found guilty
			 of a serious infraction as defined in WAC
			 137-25-030.
(3) An offender with an established release
			 date who receives a category A infraction after a community release plan has
			 been approved will have the release date suspended until adjudication of the
			 infraction and all time loss and sanctions are completed.
(4) The staff responsible for entering the
			 sanction information will notify the CRS or designee immediately by telephone
			 and via e-mail if the release date changes, when the offender is denied earned
			 time or loses good conduct time or when time is restored and the ERD is in less
			 than one hundred twenty days.
Statutory Authority:
				  RCW
				  72.09.130,
				  72.01.090, and
				  9.95.070. 11-11-018, §
										137-30-060, filed 5/9/11,
				  effective 6/9/11.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-30 - Earned release time › Section 137-30-070 - Restoration of good conduct time

Current through Register Vol. 24-14, July 15, 2024
(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 misbehavior, is the only ERT that can be restored. Time may
			 be restored on a current or consecutive sentence(s) being served during the
			 current confinement term.
(a) The following
			 violations will be eligible for restoration:
(i) 501, 502, 511, 521, 550, 604, 611, 613,
			 635, or 637 violation after ten years;
(ii) 601, 602, or 704 violation after five
			 years;
(iii) 507, 603, 650, 651, or
			 882 violation after three years;
(iv) Any other serious violation after one
			 year.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-30 - Earned release time › Section 137-30-080 - Community custody

Current through Register Vol. 24-14, July 15, 2024
(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 violation
			 hearing for any violation of community custody and is found to have committed
			 the violation, the department may return the offender to total confinement to
			 serve the remainder of the prison term.
(a)
			 This applies solely to offenders who were not held to their maximum expiration
			 date prior to release to community custody.
(b) All jail ERT and DOC ERT applied to the
			 sentence before early release becomes return time.
(c) When determining the length of return
			 time, the department must credit the offender with all community custody time
			 successfully served and with all periods of prehearing time spent in
			 confinement pending all prior and current community custody violation hearings
			 for that cause.
(d) The date the
			 offender was placed in jail on the most recent violation will be the return
			 start date.
(e) The offender is not
			 entitled to any ERT during the return time.
(f) Upon release from total confinement,
			 after serving the return time the offender will resume serving the community
			 custody portion of the sentence for any time remaining on community
			 custody.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
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 classification
				status.
Statutory Authority:
				  RCW
				  72.01.090. 85-01-059 (Order 84-15), §
										137-32-001, filed 12/17/84.
				  Formerly chapter 275-82 WAC.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-002 - Definitions

Current through Register Vol. 24-14, July 15, 2024
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 established.
(3)
			 "Secretary" means the secretary of the department of corrections.
(4) "Deputy secretary" means the deputy
			 secretary of the prisons division of the department, or the deputy secretary's
			 designee.
(5) "Superintendent"
			 means the superintendent of an institution, or the superintendent's
			 designees.
(6) "Hearing officer"
			 means the person named by a superintendent to act for the superintendent in
			 reviewing the cases of inmates assigned to administrative segregation
			 status.
(7) "Inmate" means any
			 person assigned to the custody of the department, including any person
			 transferred to an institution from another state or the federal
			 government.
(8) "Administrative
			 segregation status" means segregation of an inmate of an institution for
			 nondisciplinary reasons.
(9)
			 "Intensive management status" means an assignment to administrative segregation
			 for an extended period after other alternatives have been explored.
(10) "Facility risk management team meeting"
			 means a multidisciplinary meeting with an inmate held to:
(a) Determine whether the inmate should be
			 placed on administrative segregation status, continued on administrative
			 segregation status, placed on intensive management status, continued on
			 intensive management status, released to the general inmate population,
			 recommended for either an in-state or out-of-state transfer; and/or
(b) Develop an action plan, expectations and
			 goals relative to the rehabilitation of the inmate.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-005 - Initial placement

Current through Register Vol. 24-14, July 15, 2024
(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 the institution;
(b) Requests protection or is deemed by staff
			 to require protection;
(c) Is
			 pending or in transit to a more secure institution; or
(d) Poses a serious escape risk.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-010 - Initial review

Current through Register Vol. 24-14, July 15, 2024
(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 within two working days after initial placement for the initial review
			 of the basis for the assignment of such inmate to administrative segregation
			 status. During this initial review the inmate will be provided an opportunity
			 to respond to the reasons for such inmate's placement in a segregation or
			 intensive management unit.
(3) The
			 hearing officer will prepare a written report of the initial review meeting
			 with the inmate and deliver such report to the superintendent. This report will
			 include the information provided to the inmate, the reason for initial
			 placement in a segregation or intensive management unit, the inmate's response
			 to the allegation resulting in the initial placement in a segregation or
			 intensive management unit, the reasons supporting protective custody, special
			 restrictions, including monitoring of special medications and/or diets, and the
			 hearing officer's recommendation whether to continue the administrative
			 segregation or to release the inmate to the general inmate population, together
			 with the facts supporting such recommendation.
(4) The superintendent should review the
			 hearing officer's report, and within one working day after receipt, will
			 prepare a written decision accepting or rejecting the hearing officer's
			 recommendations.
07-08-063, §
										137-32-010, filed 3/29/07,
				  effective 4/29/07. 00-09-063, §
										137-32-010, filed 4/17/00,
				  effective 5/19/00. Statutory Authority:
				  RCW
				    72.01.090. 85-01-059 (Order 84-15), §
										137-32-010, filed
				  12/17/84.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-015 - Segregation meeting procedures

Current through Register Vol. 24-14, July 15, 2024
(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 initial review. A final review will take place thirty days
			 following the intermediate review.
(3) Offenders will be provided advanced
			 notice, of at least forty-eight hours, for any segregation review after the
			 initial review, to include:
(a) The date,
			 time, purpose, and place of the classification meeting;
(b) Related criminal charges, if known,
			 evolving from the incident for which the inmate is placed on administrative
			 segregation status;
(c) That the
			 inmate has the opportunity to provide the hearing officer with names of inmates
			 or institution staff from whom witness statements should be obtained;
			 and
(d) That only written
			 statements will be considered during the course of the hearing unless the
			 hearing officer requires oral testimony for clarification.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-025 - Intensive management status

Current through Register Vol. 24-14, July 15, 2024
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 therefore.
(2) The superintendent/designee will review
			 the hearing officer's recommendation, and if approved will forward a copy
			 thereof to the deputy secretary/designee for final approval.
(3) The cases of all inmates assigned to
			 intensive management status will have a mental health assessment completed
			 within the first thirty days.
(4)
			 Reviews by the hearing officer will be held at intervals not to exceed thirty
			 days.
Formal classification meetings will be held at intervals not to
				exceed one hundred eighty days.
12-11-054, §
										137-32-025, filed 5/14/12,
				  effective 6/14/12. 07-08-063, §
										137-32-025, filed 3/29/07,
				  effective 4/29/07. 00-09-063, §
										137-32-025, filed 4/17/00,
				  effective 5/19/00. Statutory Authority:
				  RCW
				    72.01.090. 85-01-059 (Order 84-15), §
										137-32-025, filed
				  12/17/84.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-030 - Conditions of confinement

Current through Register Vol. 24-14, July 15, 2024
(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 mechanical or other problems prevent such conditions on a temporary
			 basis;
(b) Provided meals of the
			 similar quality and quantity as provided to the general inmate population;
			 however, methods of preparation and/or delivery may be modified for security
			 reasons;
(c) Provided access to
			 personal hygiene items;
(d)
			 Provided the opportunities to shower (for a least ten minutes) and shave at
			 least three times per week;
(e)
			 Afforded rights to telephone, mail, and approved correspondence, supplies,
			 visiting, reading material(s), and legal representation consistent with
			 reasonable custody and security precautions;
(f) Provided an opportunity for daily
			 exercise for no less than one hour per day, five days per week, outside of the
			 inmate's cell; however, when the inmate is on isolation or program modification
			 status, daily in-cell fitness activities will be encouraged in lieu of
			 out-of-cell opportunities;
(g)
			 Afforded access to health care services and controlled access to prescribed
			 and/or over-the-counter medications;
(h) Afforded access to unit sergeant, unit
			 supervisor, and counselor;
(i)
			 Provided exchange of clothing which may include T-shirts, underwear, socks, and
			 towels, at least three times per week, and exchange of linens and coveralls
			 weekly;
(j) Provided barbering
			 services on a monthly basis, except for those inmates assigned to isolation
			 and/or program modification status; and
(k) Provided access to the following,
			 consistent with reasonable custody and security requirements: Religious
			 guidance; education; self-help programs; library and law library; and grievance
			 program.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-035 - Administrative release

Current through Register Vol. 24-14, July 15, 2024
(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 may be submitted to the
			 superintendent at any time by segregation unit staff or other staff familiar
			 with the inmate's situation. An inmate who voluntarily requests segregation or
			 protective custody in writing, on the security designation review form, may
			 request to be returned to his or her housing unit at any time.
(2) Only the deputy secretary/designee has
			 the authority to release an inmate from intensive management status.
07-08-063, §
										137-32-035, filed 3/29/07,
				  effective 4/29/07. 00-09-063, §
										137-32-035, filed 4/17/00,
				  effective 5/19/00. Statutory Authority:
				  RCW
				    72.01.090. 85-01-059 (Order 84-15), §
										137-32-035, filed
				  12/17/84.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-040 - Interpreters

Current through Register Vol. 24-14, July 15, 2024
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. 85-01-059 (Order 84-15), §
										137-32-040, filed
				  12/17/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-045 - Other procedures

Current through Register Vol. 24-14, July 15, 2024
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.
00-09-063, §
										137-32-045, filed 4/17/00,
				  effective 5/19/00. Statutory Authority:
				  RCW
				  72.01.090. 85-01-059 (Order 84-15), §
										137-32-045, filed
				  12/17/84.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-050 - Time limitations

Current through Register Vol. 24-14, July 15, 2024
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 Authority:
				  RCW
				  72.01.090. 85-01-059 (Order 84-15), §
										137-32-050, filed
				  12/17/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-32 - Prisons - Administrative segregation and intensive management › Section 137-32-060 - Out-of-state transfers

Current through Register Vol. 24-14, July 15, 2024
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 shall be in
				writing and shall specify reasons for the recommendations.
Statutory Authority:
				  RCW
				  72.01.090. 85-01-059 (Order 84-15), §
										137-32-060, filed 12/17/84.
				  Formerly chapter 137-66 WAC.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-36 - Adult correctional institutions-Inmate personal property › Section 137-36-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
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 and institution level policies and
				rules governing the retention of personal property by inmates to prevent the
				possession of illegal items and contraband within the
				institution.
Statutory Authority: RCW 72.08.103,
				  72.09.050, 72.13.080 and
				  72.15.040. 83-20-035 (Order 83-08), §
										137-36-010, filed
				  9/27/83.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-36 - Adult correctional institutions-Inmate personal property › Section 137-36-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(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 items" are controlled substances as defined and listed in
			 chapter
			 69.50 RCW or any weapon,
			 firearm, or any instrument which, if used, could produce serious bodily injury
			 to the person of another.
(3)
			 "Inmate" shall refer to those persons committed to the custody of the
			 department of corrections and inmates transferred from other states or the
			 federal government.
(4) "Secretary"
			 is the secretary of the department of corrections or his/her
			 designee(s).
(5) "Superintendent"
			 means the superintendent of a correctional facility or his/her
			 designee(s).
(6) "Unclaimed" means
			 that no owner of the property has been identified or has requested, in writing,
			 the release of the property to themselves nor has the owner of the property
			 designated an individual to receive the property or paid the required postage
			 to effect delivery of the property.
Statutory Authority: RCW 72.08.103,
				  72.09.050, 72.13.080 and
				  72.15.040. 83-20-035 (Order 83-08), §
										137-36-020, filed 9/27/83.
				  Formerly WAC 275-87-005.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-36 - Adult correctional institutions-Inmate personal property › Section 137-36-030 - Authorized items

Current through Register Vol. 24-14, July 15, 2024
(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 necessary to provide accountability, contraband
			 control, safety or sanitary conditions, storage space, inmate morale or to meet
			 the unique needs of each institution.
(3) Each superintendent shall establish
			 regulations setting forth specific authorized items and levels of personal
			 property for those inmates confined to that institution. Specific personal
			 property authorizations may be suspended to ensure the safety, medical or
			 mental health treatment objectives of any inmate or the general population and
			 to ensure proper maintenance of order and security of the
			 institution.
(4) All authorized
			 items in excess or in noncompliance with the levels established by the
			 superintendent of each institution shall be considered contraband and shall be
			 disposed of as provided in WAC
			 137-36-040.
Statutory Authority: RCW 72.08.103,
				  72.09.050, 72.13.080 and
				  72.15.040. 83-20-035 (Order 83-08), §
										137-36-030, filed
				  9/27/83.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-36 - Adult correctional institutions-Inmate personal property › Section 137-36-040 - Disposition of personal property

Current through Register Vol. 24-14, July 15, 2024
(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
			 required postage or refuses to designate an individual to receive the property,
			 such items shall be donated to a charitable organization.
(b) Items for which ownership cannot be
			 determined shall be held by the superintendent for six months and then donated
			 to a charitable organization or destroyed.
(c) Money such as currency, personal checks,
			 and money orders, is contraband within adult correctional institutions. If
			 money or other negotiable instrument is found in the unauthorized possession of
			 an inmate and he/she claims or disclaims ownership or, if ownership is unknown,
			 the money or negotiable instrument shall be confiscated immediately and shall
			 be deposited in the inmate welfare fund at the expiration of any appeal or
			 hearing.
(d) Money received from
			 one sender for deposit to the resident trust account of multiple offenders
			 without prior superintendent approval may be confiscated and deposited in the
			 inmate welfare fund at the expiration of any review.
The inmate shall be advised in writing of his/her right to seek
				review of the decision to place the money in the inmate welfare fund. The
				review shall be sought by writing directly to the superintendent or his/her
				designee(s) within ten calendar days.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-36 - Adult correctional institutions-Inmate personal property › Section 137-36-050 - Inventory of personal property

Current through Register Vol. 24-14, July 15, 2024
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. The log shall identify the property
				contained therein as well as the custodial personnel who have access to the
				personal property area.
Statutory Authority: RCW 72.08.103,
				  72.09.050, 72.13.080 and
				  72.15.040. 83-20-035 (Order 83-08), §
										137-36-050, filed
				  9/27/83.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-36 - Adult correctional institutions-Inmate personal property › Section 137-36-060 - Return of personal property

Current through Register Vol. 24-14, July 15, 2024
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 pursuant to
				RCW
				  4.92.100.
Statutory Authority: RCW 72.08.103,
				  72.09.050, 72.13.080 and
				  72.15.040. 83-20-035 (Order 83-08), §
										137-36-060, filed
				  9/27/83.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-36 - Adult correctional institutions-Inmate personal property › Section 137-36-070 - Implementation

Current through Register Vol. 24-14, July 15, 2024
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. 83-20-035 (Order 83-08), §
										137-36-070, filed
				  9/27/83.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
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 institution level policies
				and rules governing the receipt and sending of mail by inmates to prevent the
				transmission of illegal items or contraband into or out of an institution.
				These rules shall not apply to work release facilities under the jurisdiction
				of the department.
05-13-004, §
										137-48-010, filed 6/2/05,
				  effective 7/2/05. 91-23-103, §
										137-48-010, filed 11/20/91,
				  effective 1/1/92. Statutory Authority: RCW 72.08.380,
				  
											72.09.050 and 72.12.140. 83-20-036
				  (Order 83-09), §
										137-48-010, filed 9/27/83.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(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 department or institution policy.
(2) "Emergency situations" are critical
			 illnesses, deaths, or similar situations experienced by members of the inmate's
			 family or the inmate.
(3) "Illegal
			 items" are items which are unlawful for any person to possess within the
			 community as defined by the laws of the state of Washington, controlled
			 substances as defined and listed in
			 chapter
			 69.50 RCW or any weapon,
			 firearm, or any instrument which, if used, could produce serious bodily injury
			 to another.
(4) "Indigent inmate"
			 an inmate who has less than a ten-dollar balance of disposable income in
			 his/her trust fund account on the day a request is made to utilize funds and
			 during the thirty days previous to the request.
(5) "Inspection of mail" the physical act of
			 opening, touching, and/or reading of mail, the use of mechanical or chemical
			 systems and/or the use of animals to determine the presence of contraband or
			 illegal items.
(6) "Legal mail" is
			 correspondence to or from:
(a) Any court, the
			 indeterminate sentence review board (ISRB), the Washington state office of
			 financial management's tort claims division, and/or the Prison Rape Elimination
			 Act coordinator at headquarters;
(b) The president or vice-president of the
			 United States, members of the United States Congress, embassies and consulates,
			 the United States Department of Justice, state attorneys general, governors,
			 members of any state legislature, and law enforcement officers in their
			 official capacity;
(c) Attorneys of
			 record in court cases that have been filed in a local, state, or federal court;
			 and
(d) Attorneys formally
			 representing the offender, including established groups of attorneys
			 representing the offender (e.g., American Civil Liberties Union, disability
			 rights Washington, legal service corporations, public defender associations).
To be considered and therefore handled as "legal mail" the
				correspondence must be clearly marked "legal mail" on the outside front of the
				envelope, and must have a mailing address or return address which clearly
				indicates that the mail is from one of the above listed sources.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-030 - Inspection of mail

Current through Register Vol. 24-14, July 15, 2024
(1) All mail
			 intended for or to be sent by an inmate, 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 accordance with WAC
			 137-48-040.
(2) No person who inspects, or participates
			 in the inspection, of an inmate's mail, shall disclose the contents except in
			 the cause of his/her official duties.
(3) Mail (incoming or outgoing) which is
			 clearly identified on the outside of the envelope as legal mail, as defined in
			 WAC 137-48-020, shall be inspected
			 only in the presence of the inmate. Legal mail shall not be read without a
			 search warrant but may be inspected in the presence of the inmate to verify
			 legal mail status and that the mail is free of contraband.
(4) Mail containing illegal items or
			 contraband shall be held and disposed of in accordance with the procedures set
			 forth in chapter 137-36 WAC or as otherwise stated in this chapter.
05-13-004, §
										137-48-030, filed 6/2/05,
				  effective 7/2/05. 91-23-103, §
										137-48-030, filed 11/20/91,
				  effective 1/1/92. Statutory Authority: RCW 72.08.380,
				  
											72.09.050 and 72.12.140. 83-20-036
				  (Order 83-09), §
										137-48-030, filed 9/27/83.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-040 - Restriction of incoming and/or outgoing mail

Current through Register Vol. 24-14, July 15, 2024
(1) Incoming mail to inmates 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 institution, including but not limited to, mail
			 concerning sending contraband escape plans, security devices, or mail that is
			 in a code, a foreign language that cannot be interpreted, does not contain a
			 return address, contains gang symbols, plans for activities in violation of
			 institutional rules or contains information which, if communicated, would
			 create a risk of violence and/or physical harm.
(c) The mail is susceptible to the
			 introduction of contraband, including but not limited to, altered publications,
			 mail with unknown substances on or in it, mail purported to be legal mail that
			 is general correspondence, cash or checks, postage stamps, stickers, photos
			 wherein the nonphoto side is or can be separated, publications not mailed
			 directly from vendor, items not ordered and approved through institution
			 channels, greeting cards that are padded, laminated/layered or
			 musical.
(d) Any mail or
			 publication that is deemed to be a threat to legitimate penological objectives,
			 including but not limited to, sexually explicit materials.
(e) The mail contains inmate to inmate
			 correspondence that has not been approved by the superintendent in compliance
			 with department policy.
(f) The
			 mail contains items identified by the department secretary or designee as not
			 authorized, including but not limited to, multiple copies of documents,
			 mailings soliciting or offering games of chance, clippings from books or
			 magazines.
(g) The mail is from an
			 individual with whom contact is restricted in compliance with the judgment and
			 sentence, a no contact order, department policy.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-060 - Mail costs

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
			 otherwise stated in this section, mail costs shall be the responsibility of the
			 inmate.
(2) Mail which arrives at
			 the institution with postage due may, at the option of the superintendent, be
			 delivered to the inmate. The institution may pay the postage due in accordance
			 with subsection (3) of this section, or hold the mail for a reasonable period
			 of time so as to allow the inmate to arrange for payment of the postage due. If
			 such arrangements are not made within the time provided, the package/mail may
			 be donated to charity or discarded.
(3) Indigent inmates shall be authorized to
			 receive postage up to the equivalent to the mailing cost of five standard first
			 class letters per week. This indigent postage provision shall cover both legal
			 and/or regular letters.
(4) The
			 department shall recoup any expenditures made by the institution for postage
			 due on incoming mail and/or indigent postage for letters, (as identified in
			 subsection (3) of this section) may be recouped by the institution whenever
			 such indigent inmate has ten dollars or more of disposable income in his/her
			 trust fund account.
10-11-057, §
										137-48-060, filed 5/13/10,
				  effective 5/17/10. 05-13-004, §
										137-48-060, filed 6/2/05,
				  effective 7/2/05. 91-23-103, §
										137-48-060, filed 11/20/91,
				  effective 1/1/92. Statutory Authority:
				  RCW
				    72.09.050, 72.08.103, 72.13.080 and
				  72.15.040. 84-08-011 (Order 84-04), §
										137-48-060, filed 3/26/84.
				  Statutory Authority: RCW 72.08.380,
				  
											72.09.050 and 72.12.140. 83-20-036
				  (Order 83-09), §
										137-48-060, filed 9/27/83.
				  Formerly WAC 275-96-060.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-070 - Mail records

Current through Register Vol. 24-14, July 15, 2024
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 inmate. The secretary shall establish procedures for each
				institution governing the written mail record.
91-23-103, §
										137-48-070, filed 11/20/91,
				  effective 1/1/92. Statutory Authority: RCW 72.08.380,
				  72.09.050 and 72.12.140. 83-20-036
				  (Order 83-09), §
										137-48-070, filed 9/27/83.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-080 - Telephone usage

Current through Register Vol. 24-14, July 15, 2024
(1) Telephone
			 facilities shall be provided in appropriate numbers and locations to permit
			 reasonable and equitable access to all inmates, except inmates of the reception
			 center and those inmates in disciplinary segregation.
(2) The superintendent shall promulgate
			 written regulations providing for access of inmates to additional telephone
			 facilities in emergency situations.
(3) The superintendent shall promulgate
			 written regulations outlining the hours of telephone availability, maximum
			 length of calls (not less than five minutes), limitations on telephone use, and
			 provisions for monitoring, recording, and operator-announced calls as provided
			 for in RCW
			   9.73.095.
05-13-004, §
										137-48-080, filed 6/2/05,
				  effective 7/2/05. 91-23-103, §
										137-48-080, filed 11/20/91,
				  effective 1/1/92. Statutory Authority: RCW 72.08.380,
				  
											72.09.050 and 72.12.140. 83-20-036
				  (Order 83-09), §
										137-48-080, filed 9/27/83.
				  Formerly WAC 275-96-065.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-48 - Inmate mail and communications › Section 137-48-090 - Implementation

Current through Register Vol. 24-14, July 15, 2024
The secretary may adopt rules and regulations implementing this
				chapter.
Statutory Authority: RCW 72.08.380,
				  72.09.050 and 72.12.140. 83-20-036
				  (Order 83-09), §
										137-48-090, filed
				  9/27/83.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-52 - Resident of adult correctional institution escorted leave of absence › Section 137-52-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth the reasons for and
				conditions under which a superintendent may extend the limits of confinement
				under the authority of
				RCW
				  72.01.370.
Statutory Authority:
				  RCW
				  72.01.380. 85-07-042 (Order 85-07), §
										137-52-005, filed 3/19/85.
				  Formerly WAC 275-85-010.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-52 - Resident of adult correctional institution escorted leave of absence › Section 137-52-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Escorted
			 leave" is an approved leave of absence by an inmate from a correctional
			 facility under the continuous supervision of trained correctional
			 staff.
(2) "Immediate family"
			 includes an inmate's parents, stepparents, parent surrogates, grandparents,
			 legal guardians, spouse, state registered domestic partner, brothers, sisters,
			 half or step-brothers or sisters, children, stepchildren, and dependents
			 whether or not in direct lineal relationship to the inmate.
(3) "Indigent" shall be understood to mean an
			 inmate who has not been credited with five dollars or more total from any
			 source(s) for deposit to the inmate's trust fund account during the thirty days
			 preceding the request for an escorted leave and has less than a five dollar
			 balance in his/her trust fund account on the day the escorted leave is
			 requested, or together with his/her immediate family cannot post a five hundred
			 dollar bond to secure the repayment of the expenses of the escorted leave on
			 the day the escorted leave is requested. A declaration of indigency shall be
			 signed by the inmate and the inmate's family on forms provided by the
			 department.
(4) "Director" means
			 the deputy secretary of the prisons division or his/her designee(s).
(5) "Superintendent" means the superintendent
			 of a state correctional institution, state honor camp, or other penal
			 institutions as now or hereafter established under the jurisdiction of the
			 department of corrections pursuant to law or his/her designee.
(6) "Department" means the department of
			 corrections.
(7) "Secretary" means
			 the secretary of the department of corrections or his/her
			 designee(s).
(8) "Nonviolent
			 offender" means any person convicted of a felony not classified as a violent
			 offense under chapter 9.94A RCW.
10-02-008, §
										137-52-010, filed 12/24/09,
				  effective 1/24/10. 07-08-082, §
										137-52-010, filed 4/2/07,
				  effective 5/3/07. 01-04-001, §
										137-52-010, filed 1/24/01,
				  effective 2/22/01. Statutory Authority:
				  RCW
				    72.01.380. 85-07-042 (Order 85-07), §
										137-52-010, filed 3/19/85.
				  Formerly WAC 275-85-005.
Reviser's note:
Under
				  RCW
				    34.05.030(1)(c), as amended
				  by section 103, chapter 288, Laws of 1988, the above section was not adopted
				  under the Administrative Procedure Act,
				  chapter
				  34.05 RCW, but was
				  published in the Washington State Register and codified into the Washington
				  Administrative Code exactly as shown by the agency filing with history notes
				  added by the code reviser's office.