Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Community
			 custody" means that portion of an individual's sentence of confinement in lieu
			 of earned release time, or imposed as part of a sentence, and served in the
			 community subject to controls placed on the individual's movement and
			 activities by the department. (See
			 RCW
			   9.94A.030.)
(2)"Community restitution" means compulsory
			 service, without compensation, performed for the benefit of the community by an
			 individual under the jurisdiction of the department.
(3) "Community supervision" means a period of
			 time during which an individual convicted of a crime, is living in the
			 community under the jurisdiction of the department, and is subject to
			 crime-related prohibitions and other sentence conditions imposed by a court.
			 (See
			 RCW
			   9.94B.020(2).)
(4)"Community work crew" means a crew
			 comprised of incarcerated individuals who, with correctional officer
			 supervision, leave prison to go into the community to provide services to
			 eligible recipients. Community work crew services are Class IV
			 services.
(5)"Contracting entity"
			 means an eligible for-profit corporation, an eligible nonprofit corporation, or
			 a public agency, as these terms are defined herein.
(6) "Correctional facility" means a facility,
			 prison, or institution operated directly, or by contract, by the secretary for
			 the purposes of incarcerating adults in total or partial confinement, as
			 defined in
			 RCW
			   9.94A.030.
(7) "Correctional industries advisory
			 committee" or "committee" means the committee created under
			 RCW
			   72.09.070 to make recommendations to the
			 secretary regarding the implementation of
			 RCW
			   72.09.100.
(8)"Crew supervisor" means a department or
			 other public agency employee who provides security and custody supervision of
			 workers and coordinates worker transportation to work locations.
(9)"Department" means the department of
			 corrections.
(10)"DOSH" means the
			 division of occupational safety and health, the part of the Washington state
			 department of labor and industries (L & I) that develops and enforces
			 safety and health rules.
(11)"For-profit corporation" means a
			 corporation of two or more persons having a joint or common economic interest
			 and is engaged in any lawful business under RCW 23B.03.-010.
(12)"Goodwill services" means a type of Class
			 IV (prisons) or Class V (community corrections) work, the cost of which is paid
			 for by the department of corrections and the criteria for which is determined
			 by the secretary or designee.
(13)"Gratuity" means a sum of money paid to
			 an incarcerated individual, in accordance with an hourly rate scale approved by
			 the secretary or designee, when the individual works in an eligible class
			 industry.
(14) "Incarcerated
			 individual" (formerly "offender") means an individual committed to the custody
			 of the department including, but not limited to, individuals residing in a
			 correctional institution or facility and individuals released from such
			 facility on furlough, work release, or community custody, and individuals
			 received from another state, state agency, county, or federal jurisdiction.
			 (See
			 RCW
			   72.09.015(17).)
(15) "Master agreement" means the main,
			 multiyear agreement between the department and the recipient containing the
			 terms and conditions for the provision of work crew services.
(16)"Not-for-profit corporation" or
			 "nonprofit corporation" means a corporation or organization, certified by the
			 federal Internal Revenue Service as such and for which no part of its income is
			 distributable to its members, directors, or officers.
(17) "Program director (director)" means the
			 correctional industries program administrator appointed by the
			 secretary.
(18) "Project Matrix"
			 means the Class IV and Class V charts developed by the department that contain
			 the types of services, grouped into Levels 1, 2, and 3 based upon risk and
			 difficulty, that can be provided to eligible recipients.
(19)"Public agency" means any agency,
			 political subdivision, or unit of local government of this state including, but
			 not limited to, municipal corporations, quasi-municipal corporations, special
			 purpose districts, and local service districts; any agency of the state
			 government; any agency of the United States; any Indian tribe recognized as
			 such by the federal government; and any political subdivision of another state.
			 (See
			 RCW
			   39.34.020(1).)
(20) "Public charity" means an organization,
			 usually nonprofit, that holds federal 501(c)(3) tax exempt status. Public
			 charities are generally recognized as those organizations with broad based
			 public support and active programs, for example, houses of worship, benevolence
			 organizations, animal welfare agencies, and educational
			 organizations.
(21)"Recipient of
			 the services" or "recipient" means an eligible nonprofit corporation, an
			 eligible for-profit corporation, or a public agency, as these terms are defined
			 herein, eligible to receive one or more types of work crew services.
(22)"Secretary" means the secretary of the
			 department of corrections or his or her designee.
(23) "Service agreement" means the written
			 and fully signed agreement required between a prison or community corrections
			 location and a recipient, that is necessary before workers may perform goodwill
			 services for the recipient.
(24)"Social welfare organization" means a
			 civic 501 (c) (4) organization, considered by the federal IRS to be operated
			 exclusively for the promotion of social welfare, that is primarily engaged in
			 actively promoting the common good in ways related to the organization's
			 purpose.
(25) "Worker" means an
			 individual under department jurisdiction who is incarcerated, in work release,
			 or under community supervision or community custody who performs work crew
			 services for eligible recipients.
(26)"Work location" means the location where
			 workers perform the services or create the products requested by the recipient
			 or contracting entity and over which such entity has the right of access or
			 control.
(27)"Work program" means a
			 comprehensive work program designed to provide individuals under department
			 jurisdiction with work skills, work experience, and exposure to the work
			 ethic.
(28)"Work project
			 description" means a localized agreement, for up to one year, that operates
			 under a Class IV or Class V master agreement to detail the responsibilities of
			 the recipient and the community or community restitution work crew for each
			 distinct work project.
(29)"Work
			 release" means a program of partial confinement in which eligible individuals
			 under department jurisdiction are employed or engaged as students in a regular
			 course of study at school.
Statutory Authority:
				  RCW
				    72.01.090. 07-12-073, §
										137-80-020, filed 6/5/07,
				  effective 7/6/07; 03-21-088, §
										137-80-020, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.09.050 and chapter 34.04 RCW. 82-18-042
				  (Order 82-11), §
										137-80-020, filed
				  8/27/82.