reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-67 - Transfer of citizens of foreign countries › Section 137-67-040 - Verification hearing

Current through Register Vol. 24-14, July 15, 2024
Following IPTP approval and approval of the treaty country, the
				inmate will be referred by IPTP to a United States magistrate or a United
				States district court judge, or other appointed United States official to
				assure and document the inmate's voluntary request for transfer. Federal
				authorities will complete the necessary procedures to effect voluntary transfer
				under the applicable treaty and laws of the United States.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-67-040, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.68.010. 85-18-061 (Order 85-07), §
										137-67-040, filed
				  9/3/85.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-67 - Transfer of citizens of foreign countries › Section 137-67-045 - Return to state custody

Current through Register Vol. 24-14, July 15, 2024
If for any reason an inmate's transfer is determined to be
				invalid, the state of Washington will reaccept the inmate for imprisonment for
				the remainder of the inmate's original sentence.
Statutory Authority:
				  RCW
				  72.68.010. 85-18-061 (Order 85-07), §
										137-67-045, filed
				  9/3/85.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-68 - Adult probation and parole - Interstate compact › Section 137-68-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Compact" is
			 the interstate compact for supervision of probationers and parolees as codified
			 in RCW
			   9.95.270.
(2) "Compact administrator" is the deputy
			 secretary, prisons division, department of corrections, who is responsible for
			 the administration of the interstate compact for the supervision of adult
			 probationers and parolees.
(3)
			 "Deputy compact administrator" is a person appointed by the compact
			 administrator and delegated responsibility for the administration of the
			 interstate compact.
(4) "Sending
			 state" is the state in which the individual was granted probation or parole and
			 in which the jurisdiction of the case is retained.
(5) "Receiving state" is the state providing
			 supervision of the parolee or probationer under the interstate
			 compact.
(6) "Probationer" is a
			 person under jurisdiction of a state superior or circuit court who is being
			 supervised under the compact.
(7)
			 "Parolee" is a person under jurisdiction of a paroling authority who is being
			 supervised under the interstate compact.
(8) "Parole officer" is a state community
			 corrections officer (CCO) employed by the department of corrections.
(9) "Supervising community corrections
			 officer" is a CCO assigned to supervise a probationer or parolee as required by
			 the interstate compact and to act in regard to all matters connected with
			 hearings conducted pursuant to the interstate compact rules.
(10) "Violations specified" are charges
			 and/or allegations made against probationer or parolee by a parole officer in
			 regard to violation of law or failure to comply with the general conditions of
			 probation or parole or special instructions and conditions as set forth by the
			 court of jurisdiction or the paroling authority.
(11) "Preliminary hearing" is a hearing
			 conducted in accordance with
			 RCW
			   10.88.290.
(12) "Hearing officer" is a person authorized
			 by the compact administrator to hear cases involving alleged violations of
			 conditions of parole or probation. Neither the person making the allegations of
			 violation or his or her direct supervisor shall act as hearing
			 officer.
Statutory Authority:
				  RCW
				  72.01.090. 07-12-073, §
										137-68-010, filed 6/5/07,
				  effective 7/6/07; 03-21-088, §
										137-68-010, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    9.95.270. 83-01-139 (Order 82-20), §
										137-68-010, filed 12/22/82.
				  Formerly WAC 275-102-475.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-68 - Adult probation and parole - Interstate compact › Section 137-68-020 - Detained or arrested probationer or parolee - Right to preliminary hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A probationer
			 or parolee being supervised for another state under the interstate compact if
			 detained or arrested within the state of Washington shall have the right as
			 provided in
			 RCW
			   10.88.290, to a preliminary hearing to
			 determine whether there is probable cause to believe a condition or conditions
			 of probation or parole have been violated and whether there is reason to
			 believe the violations alleged are of such nature that a revocation of
			 probation or parole should be considered by the sending state.
(2) The detained or arrested probationer or
			 parolee may waive his or her right to such hearing in writing.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-68-020, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    9.95.270. 83-01-139 (Order 82-20), §
										137-68-020, filed 12/22/82.
				  Formerly WAC 275-102-480.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-68 - Adult probation and parole - Interstate compact › Section 137-68-030 - Preliminary hearing - Preparation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 When a probationer or parolee being supervised in the state of Washington under
			 the compact is detained by a parole officer, the parole officer shall
			 immediately give verbal and written notice to such probationer or parolee of
			 his or her right to a preliminary hearing and shall further notify the
			 probationer or parolee of all rights guaranteed him or her by the rules in this
			 chapter.
(2) Immediately following
			 the detention of a probationer or parolee, the parole officer shall notify the
			 deputy compact administrator of the detention. Arrangements shall promptly be
			 made for the date, time, and place for a hearing so that the hearing may be
			 held within ten days from the date the probationer or parolee is detained by
			 the parole officer.
(3) As soon as
			 possible following detention of a probationer or parolee, the parole officer
			 shall prepare charges or the violations specified and provide the probationer
			 or parolee with a copy of said charges and also notify him or her of the date,
			 time, and place set for the hearing. Upon serving the probationer or parolee
			 with the violations specified, the parole officer shall determine whether the
			 probationer or parolee wishes to waive his or her right to a hearing.
(4) Prior to the hearing, the parole officer
			 shall send to the appropriate deputy compact administrator the signed hearing
			 waiver (if appropriate), the notice of arrest and violations specified and the
			 violation report.
(5) A detained or
			 arrested probationer or parolee shall have the right to consult with any person
			 whose assistance he or she reasonably desires prior to the hearing.
Statutory Authority:
				  RCW
				  9.95.270. 83-01-139 (Order 82-20), §
										137-68-030, filed 12/22/82.
				  Formerly WAC 275-102-485.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-68 - Adult probation and parole - Interstate compact › Section 137-68-040 - Preliminary hearing - Conduct

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 hearing shall be conducted by a hearing officer as defined in WAC
			 137-68-010(12).
(2) The hearing shall be closed to the
			 public.
(3) The proceedings at the
			 hearing shall be recorded.
(4) The
			 hearing officer shall explain the purpose of the hearing, have the specified
			 charges read aloud, and verify that the procedures specified in WAC
			 137-68-030 have been
			 followed.
(5) A supervising parole
			 officer shall be present at the hearing, submit the written report of the
			 alleged violations in evidence, and testify as to the violations.
(6) Any person may give testimony relevant to
			 the alleged violation or violations, introduce evidence including affidavits,
			 and question other persons subject to the limitations in subsection (7) of this
			 section.
(7) The detained or
			 arrested probationer or parolee shall have the right to confront and examine
			 any person who may have made allegations or given evidence against him or her
			 unless the hearing officer determines that such a confrontation would present a
			 substantial present or subsequent danger of harm to such person. In such
			 instance a written general summary or the evidence, without disclosure of the
			 identity of the witness, shall be provided to the probationer or parolee at the
			 hearing. He or she shall have the opportunity to submit evidence relevant to or
			 controverting any information contained in the summary.
(8) The hearing may be recessed for time
			 sufficient for the hearing officer to consider the evidence and reach a
			 decision on the issue of probable cause.
(9) The hearing officer shall render this
			 decision on the probable cause based solely on the evidence presented at the
			 hearing.
(10) If probable cause is
			 found the hearing officer may receive additional evidence and argument relevant
			 to recommendations.
Statutory Authority:
				  RCW
				  9.95.270. 83-01-139 (Order 82-20), §
										137-68-040, filed 12/22/82.
				  Formerly WAC 275-102-490.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-68 - Adult probation and parole - Interstate compact › Section 137-68-050 - Preliminary hearing - Disposition of decision

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing officer shall submit a
			 written summary and digest of the hearing to the deputy compact administrator
			 which may include recommendations and reasons therefore.
(2) The deputy compact administrator shall
			 submit the summary and digest to the sending state which may include his or her
			 recommendations.
(3) If the
			 decision is that there is probable cause to believe that the parolee or
			 probationer has committed a violation or violations of a condition or
			 conditions of parole or probation and it appears that retaking or
			 reincarceration by the sending state is likely to follow, the probationer or
			 parolee may be detained by the deputy compact administrator to allow such time
			 as may be necessary to complete the arrangements for his or her return to the
			 sending state.
(4) Should it be the
			 decision of the sending state to return this probationer or parolee, the deputy
			 compact administrator will assist in arranging for his or her return to the
			 sending state.
(5) The record of
			 the hearing shall be retained for not less than one hundred eighty
			 days.
Statutory Authority:
				  RCW
				  9.95.270. 83-01-139 (Order 82-20), §
										137-68-050, filed 12/22/82.
				  Formerly WAC 275-102-495.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-69 - Adult offender supervision - Interstate compact › Section 137-69-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Compact" means the interstate compact for adult offender
				supervision as codified in
				RCW
				  9.94A.745.
"Compact administrator" means the administrator in each
				compacting state responsible for the interstate compact.
"Compact commissioner" means the individual in each compacting
				state who is appointed under the terms of the interstate compact and who is the
				state's voting representative at meetings of the interstate commission of adult
				offender supervision.
"Deputy compact administrator" means the individual in each
				compacting state responsible for the administration and management of the
				state's supervision and transfer of offenders subject to the terms of the
				interstate compact.
"Offender" means an individual placed under, or made subject
				to, supervision as a result of the conviction of a criminal offense and
				released to the community under the jurisdiction of courts, paroling
				authorities, corrections, or other criminal justice agencies, and who is
				required to request transfer of supervision under the provisions of the
				interstate compact.
"Receiving state" means the state to which an offender requests
				transfer of supervision or is transferred.
"Sending state" means the state requesting the transfer of an
				offender, or which transfers supervision of an offender, under the terms of the
				compact and its rules.
Statutory Authority:
				  RCW
				  72.01.090 and chapter 9.94A RCW. 11-16-058,
				  §
										137-69-010, filed 7/29/11,
				  effective 8/29/11.
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 137-69 - Adult offender supervision - Interstate compact › Section 137-69-020 - Interstate transfer application fee

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090 and chapter 9.94A RCW. 11-16-058,
				  §
										137-69-020, filed 7/29/11,
				  effective 8/29/11.
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 137-69 - Adult offender supervision - Interstate compact › Section 137-69-030 - Manner and degree of supervision

Current through Register Vol. 24-14, July 15, 2024
Offenders transferred to Washington state under the interstate
				compact shall be supervised in a manner determined by Washington state and
				consistent with the supervision of other similar offenders sentenced in
				Washington state.
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 pub-lished
				  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.
Statutory Authority:
				  RCW
				    72.01.090 and chapter 9.94A RCW. 11-16-058,
				  §
										137-69-030, filed 7/29/11,
				  effective 8/29/11.
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 137-69 - Adult offender supervision - Interstate compact › Section 137-69-040 - Closing of supervision

Current through Register Vol. 24-14, July 15, 2024
The receiving state may close its supervision of an offender
				and cease supervision as provided in the interstate compact
				rules.
Statutory Authority:
				  RCW
				  72.01.090 and chapter 9.94A RCW. 11-16-058,
				  §
										137-69-040, filed 7/29/11,
				  effective 8/29/11.
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 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Chapter 72.72
				RCW creates an institutional impact account, in the general fund, for the
				purpose of reimbursing political subdivisions for criminal justice costs they
				incur directly as a result of crimes committed by adult offenders residing in
				correctional institutions, and for expenses they incur directly as a result of
				their providing personnel and material pursuant to a contingency plan. The
				purpose of these rules is to implement that statute and to set forth the
				procedures under which these funds will be distributed.
Statutory Authority:
				  RCW
				  72.72.040. 84-11-033 (Order 84-06), §
										137-70-010, filed 5/14/84.
				  Statutory Authority:
				  Chapter
				  72.72 RCW. 82-17-044
				  (Order 82-10), §
										137-70-010, filed
				  8/16/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the following words shall have the
				following meanings:
(1) "Secretary"
			 shall mean the secretary of the department of corrections or the secretary's
			 designee.
(2) "Deputy secretary"
			 shall mean the deputy secretary of the department, or the deputy secretary's
			 designee.
(3) "Contingency plan"
			 shall mean a plan developed under
			 RCW
			   72.02.150 by the secretary with
			 representatives of political subdivisions for dealing with disturbances at a
			 state penal facility.
(4)
			 "Department" shall mean the department of corrections.
(5) "Inmate" shall mean an individual
			 sentenced to the custody of the department under state law and an individual
			 transferred to the custody of the department from another state or the federal
			 government.
(6) "Institution" and
			 "penal facility" shall mean any facility identified in
			 RCW
			   72.01.050(2) and any
			 community residential program under the department's jurisdiction operated
			 pursuant to
			 chapter
			 72.65 RCW.
(7) "Political subdivision" shall mean any
			 city, town, or county.
(8)
			 "Administrator" shall mean the administrator of the department's contracts and
			 legal affairs section, or the administrator's designee.
(9) All references to the singular shall
			 include the plural unless noted otherwise.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-70-020, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.72.040. 87-03-029 (Order 86-07), §
										137-70-020, filed 1/14/87;
				  84-11-033 (Order 84-06), §
										137-70-020, filed 5/14/84.
				  Statutory Authority:
				  Chapter
				  72.72 RCW. 82-17-044
				  (Order 82-10), §
										137-70-020, filed
				  8/16/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-030 - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Reimbursement
			 for criminal justice costs shall be available to any political subdivision
			 which incurs an incremental cost, reimbursable under this chapter, which is
			 specifically and exclusively attributable to the criminal behavior of an inmate
			 incarcerated in or who has escaped from an institution. For the purposes of
			 this chapter parolees or probationers are deemed to be inmates only if they are
			 assigned to an institution. Reimbursement shall be made only with respect to
			 new crimes and shall not be made for violations of the conditions of parole or
			 probation and the resulting revocation hearings.
(2) Reimbursement for contingency plan
			 expenses, including costs incurred under
			 chapter
			 41.26 RCW, if such costs
			 are the direct result of physical injury sustained in the implementation of a
			 contingency plan, shall be available to any political subdivision which incurs
			 such expense in providing personnel and/or material, when requested by the
			 secretary or the secretary's designee, to carry out the provisions of a duly
			 adopted contingency plan. Provided, however, reimbursement for costs incurred
			 under chapter 41.26
			 RCW will not be made:
(a) Unless the physical
			 injury occurs within the walls or other perimeter of the secured area, if the
			 secretary identifies in the contingency plan the prison walls or other
			 perimeter of the secured area; or
(b) Unless the physical injury results from
			 providing assistance requested by the secretary or the secretary's designee
			 which is beyond the description of the assistance contained in the contingency
			 plan, if the secretary does not identify the prison walls or other perimeter of
			 the secured area; or
(c) If the
			 physical injury results from conduct which either is not requested by the
			 secretary or the secretary's designee, or is in violation of orders by
			 superiors of the local law enforcement agency.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-040 - Reimbursable impacts/rates - Criminal justice costs

Current through Register Vol. 24-14, July 15, 2024
Reimbursement shall be restricted to fully documented law
				enforcement, prosecutorial, judicial and jail facility costs, as defined
				herein, at the actual costs of the submitting jurisdiction, not to exceed the
				following rates:
(1) Law enforcement
			 costs are costs incurred by any political subdivision in apprehending escapees,
			 in investigating crimes committed by state institutional inmates including
			 pretrial investigations within or outside the institution, or in providing
			 security for inmates outside the jail facility. These costs are reimbursable at
			 the following rates: $23.96 per hour.
(2) If an escape or investigation results in
			 the filing of a criminal complaint, the impacted political subdivision shall be
			 entitled to attorney costs associated with the prosecution and/or defense of
			 the filed action. These costs are reimbursable at the following maximum rates:
			 $57.32 per hour.
(3) Reimbursement
			 for judicial costs incurred as a result of the filing of a criminal complaint
			 shall be limited to judges, court reporters, transcript typing or preparation,
			 witness fees and jury fees. These costs are reimbursable at the following
			 maximum rates:
(a) Judges - $57.32 per hour.
			 These costs shall include the services of court clerks and bailiffs.
(b) Court reporters - $24.71 per
			 hour.
(c) Transcript typing
			 services - $4.79 per page.
(d)
			 Expert witnesses - $80.43 per hour.
(e) Witness fees/nonexpert - Jury fees -
			 Reimbursable at the rate established by the local governmental legislative
			 authority up to a maximum of $36.11 per day.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-050 - Limitation of funds - Criminal justice costs

Current through Register Vol. 24-14, July 15, 2024
Claims for reimbursement under WAC
				137-70-040 shall be paid in the
				order they are received until the legislative appropriation for the biennium is
				fully expended. If the impact fund is fully expended before the end of the
				biennium, political subdivisions should continue to submit claims for the
				purpose of developing future impact account funding requests.
Statutory Authority:
				  RCW
				  72.72.040. 84-11-033 (Order 84-06), §
										137-70-050, filed 5/14/84.
				  Statutory Authority:
				  Chapter
				  72.72 RCW. 82-17-044
				  (Order 82-10), §
										137-70-050, filed
				  8/16/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-055 - Reimbursable impacts - Contingency plan expenses

Current through Register Vol. 24-14, July 15, 2024
Reimbursement shall be restricted to applicants eligible under
				WAC 137-70-030(2) for fully documented expenses incurred directly as a result of their providing
				personnel and/or material pursuant to a contingency plan.
Statutory Authority:
				  RCW
				  72.72.040. 84-11-033 (Order 84-06), §
										137-70-055, filed
				  5/14/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-057 - Funds - Contingency plan expenses

Current through Register Vol. 24-14, July 15, 2024
Reimbursement under WAC
				137-70-055 shall be made solely
				from the institutional impact account from funds available in that account. If
				full reimbursement would exceed available funds, the secretary will request the
				legislature to appropriate sufficient funds to enable the secretary to make
				full reimbursement, and if so appropriated, the secretary will make such
				reimbursement.
Statutory Authority:
				  RCW
				  72.72.040. 84-11-033 (Order 84-06), §
										137-70-057, filed
				  5/14/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-060 - Billing procedure

Current through Register Vol. 24-14, July 15, 2024
(1) All requests
			 for reimbursement under this chapter must be submitted on a standard Washington
			 State Invoice Voucher Form, A-19, in triplicate, showing the total
			 reimbursement requested, accompanied by a completed request for reimbursement
			 form issued by the department. The vouchers and form should be mailed or
			 delivered to the Department of Corrections, Contracts and Legal Affairs, P.O.
			 Box 41114, Olympia, Washington 98504-1114.
(2) The department may require the requesting
			 political subdivision to submit such other documentation and information the
			 department deems necessary to further support or explain the request.
Statutory Authority:
				  RCW
				  72.01.090. 07-12-073, §
										137-70-060, filed 6/5/07,
				  effective 7/6/07; 03-21-088, §
										137-70-060, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.72.040. 85-07-017 (Order 85-04), §
										137-70-060, filed 3/11/85;
				  84-11-033 (Order 84-06), §
										137-70-060, filed 5/14/84;
				  82-17-044 (Order 82-10), §
										137-70-060, filed
				  8/16/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-070 - Department review

Current through Register Vol. 24-14, July 15, 2024
(1) All requests
			 for reimbursement shall be reviewed by the administrator.
(2) The administrator shall approve or
			 disapprove the requests for payment. If a request is disapproved in total or in
			 part, the administrator shall notify the requesting political subdivision in
			 writing, setting forth the reasons for disapproval.
(3) The administrator's decision shall be
			 final unless appealed to the department's impact appeals panel within twenty
			 days after a political subdivision receives notice of disapproval. The impact
			 appeals panel shall be composed of the deputy secretary, prisons division and
			 the deputy secretary, administrative services division, or his/her
			 designee.
(4) An appeal from the
			 administrator's decision disapproving a political subdivision's request for
			 reimbursement must be in writing and must set forth the reasons why the
			 political subdivision believes its request should be approved. The appeal shall
			 be addressed to the Impact Appeals Panel, Department of Corrections, P.O. Box
			 41114, Olympia, WA 98504-1114, attention: Contracts and Legal
			 Affairs.
(5) The decision of the
			 impact appeals panel shall be deemed to be the department's final
			 administrative action with respect to the appeal.
Statutory Authority:
				  RCW
				  72.01.090. 07-12-073, §
										137-70-070, filed 6/5/07,
				  effective 7/6/07; 03-21-088, §
										137-70-070, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.72.040. 87-03-029 (Order 86-07), §
										137-70-070, filed 1/14/87;
				  85-07-017 (Order 85-04), §
										137-70-070, filed 3/11/85;
				  84-11-033 (Order 84-06), §
										137-70-070, filed 5/14/84;
				  82-17-044 (Order 82-10), §
										137-70-070, filed
				  8/16/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-70 - Reimbursement for criminal justice costs and contingency plan expenses › Section 137-70-080 - Implied consent to audit

Current through Register Vol. 24-14, July 15, 2024
By submitting requests for reimbursement, the requesting
				political subdivision agrees to:
(1)
			 Maintain records which would support the request made for a period five years
			 after the date of such request; and
(2) Make such records available for review
			 and/or audit by the department if requested by the secretary or the secretary's
			 designee.
Statutory Authority:
				  RCW
				  72.72.040. 84-11-033 (Order 84-06), §
										137-70-080, filed 5/14/84.
				  Statutory Authority:
				  Chapter
				  72.72 RCW. 82-17-044
				  (Order 82-10), §
										137-70-080, filed
				  8/16/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-75 - Jail and medical cost reimbursement to cities and counties › Section 137-75-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Chapter 70.48 RCW as amended by chapter 235, Laws of 1984,
				imposes certain financial responsibility on the department of corrections for
				certain persons imprisoned in a city or county jail. The purpose of these rules
				is to establish procedures by which the department of corrections will
				discharge said financial responsibility.
Statutory Authority:
				  RCW
				  72.01.090 and 1984 c 235. 84-15-053 (Order
				  84-09), §
										137-75-010, filed 7/17/84,
				  effective 9/2/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-75 - Jail and medical cost reimbursement to cities and counties › Section 137-75-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the following words shall have the
				following meanings:
(1) "Secretary"
			 shall mean the secretary of the department of corrections or the secretary's
			 designee;
(2) "Department" shall
			 mean the department of corrections;
(3) "Deputy secretary" shall mean the deputy
			 secretary, prisons division or his/her designee.
(4) "Institution" shall mean a facility
			 designated in
			 RCW
			   72.01.050(2), any similar
			 facility hereafter established, and a work release facility;
(5) "Work release facility" shall mean a
			 community residence operated pursuant to
			 chapter
			 72.65 RCW;
(6) "Jail" shall mean a city or county
			 holding facility as defined in
			 RCW
			   70.48.020(1);
(7) "Parole hold" shall mean a detention of a
			 person pursuant to an order of parole suspension or revocation issued in
			 accordance with
			 RCW
			   9.95.120;
(8) All references to the singular shall
			 include the plural, unless otherwise noted.
Statutory Authority:
				  RCW
				  72.01.090. 07-12-073, §
										137-75-020, filed 6/5/07,
				  effective 7/6/07; 03-21-088, §
										137-75-020, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.01.090 and 1984 c 235. 84-15-053 (Order
				  84-09), §
										137-75-020, filed 7/17/84,
				  effective 9/2/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-75 - Jail and medical cost reimbursement to cities and counties › Section 137-75-030 - Department financial responsibility

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The financial responsibility of the department under this chapter shall be
			 limited to reimbursing cities and counties for the costs and at the rates set
			 forth in chapter 235, Laws of 1984 or any amendment thereto hereafter
			 enacted.
(2) The financial
			 responsibility of the department for a person convicted of a felony as defined
			 by RCW
			   9A.04.040 and committed to the care and
			 custody of the department, but detained in a jail after June 30, 1984, shall
			 begin upon the eighth day, excluding Saturdays, Sundays, and holidays,
			 following the sentencing of such person for the felony and notification to the
			 department by the city or county that such person is available for movement to
			 an institution, and shall terminate at midnight of the day immediately
			 preceding the day of release of such person from detention. Provided, however,
			 if such person is detained in the jail beyond such eight-day period pursuant to
			 an order of a superior court, the financial responsibility of the department
			 shall not begin until the expiration of the period ordered by the court, and
			 shall terminate at midnight of the day immediately preceding the day of release
			 of such person from detention. The notification required hereunder is to be
			 given by telephone or teletype to the supervisor of the reception center at the
			 Washington Corrections Center, Shelton, Washington.
(3) The financial responsibility of the
			 department for a person detained in a jail solely by reason of a parole hold
			 after June 30, 1984, shall begin upon the sixteenth day following the
			 commencement of such detention, and shall terminate at midnight of the day
			 immediately preceding the day of release of such person from detention.
			 Provided, however, the department shall have no such financial responsibility
			 if a felony charge is filed against a person so detained.
(4) The financial responsibility of the
			 department for an inmate, as defined in RCW 72.09.020, who resides in a work
			 release facility and who is detained in a jail after June 30, 1984, shall begin
			 when such detention commences, and shall terminate at midnight of the day
			 immediately preceding the day of release of such inmate from
			 detention.
Statutory Authority:
				  RCW
				  70.48.450. 87-14-045 (Order 87-03), §
										137-75-030, filed 6/30/87.
				  Statutory Authority:
				  RCW
				    72.01.090 and 1984 c 235. 84-15-053 (Order
				  84-09), §
										137-75-030, filed 7/17/84,
				  effective 9/2/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-75 - Jail and medical cost reimbursement to cities and counties › Section 137-75-040 - Extraordinary emergency medical treatment

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall reimburse a city or
			 county the actual cost of extraordinary emergency medical treatment provided to
			 a person for whom the department is financially responsible.
(2) If a person for whom the department is
			 financially responsible requires extraordinary and emergency medical treatment,
			 the department is to be notified by a competent medical authority of the nature
			 and course of such treatment as far in advance as practical. The department
			 will then authorize such treatment or advise of alternative means by which such
			 treatment may be provided. If it is not practical to give such notice prior to
			 such treatment, notice will be given to the department as soon as practical
			 after such treatment has been given.
(3) The notice required shall be given to the
			 deputy secretary.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-75-040, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.01.090 and 1984 c 235. 84-15-053 (Order
				  84-09), §
										137-75-040, filed 7/17/84,
				  effective 9/2/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-75 - Jail and medical cost reimbursement to cities and counties › Section 137-75-050 - Request for reimbursement

Current through Register Vol. 24-14, July 15, 2024
(1) A city
			 or county requesting reimbursement under this chapter shall complete a form
			 supplied by the department and file it with the Administrator, Contracts and
			 Legal Affairs, P.O. Box 41114, Olympia, WA 98504-1114, who will confirm the
			 accuracy of the information submitted with the request and determine whether
			 the amount requested is properly reimbursable under chapter 70.48 RCW and this
			 chapter.
(2) All such requests must
			 be filed within thirty days after the costs for which reimbursement is
			 requested were incurred. Provided, however, with respect to such costs incurred
			 in the month of June in odd-numbered years, such requests must be filed no
			 later than ten days after the close of the state fiscal biennium (June
			 30).
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-75-050, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    70.48.450. 87-14-045 (Order 87-03), §
										137-75-050, filed 6/30/87.
				  Statutory Authority:
				  RCW
				    72.01.090 and 1984 c 235. 84-15-053 (Order
				  84-09), §
										137-75-050, filed 7/17/84,
				  effective 9/2/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-75 - Jail and medical cost reimbursement to cities and counties › Section 137-75-060 - Implied consent to audit

Current through Register Vol. 24-14, July 15, 2024
By submitting a request for reimbursement under this chapter,
				the requesting city or county agrees to maintain for a period of five years
				after the date of the request records which would support such request, and to
				make such records available for review or audit by the
				department.
Statutory Authority:
				  RCW
				  72.01.090 and 1984 c 235. 84-15-053 (Order
				  84-09), §
										137-75-060, filed 7/17/84,
				  effective 9/2/84.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-78 - Employee assault benefits › Section 137-78-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter the following words shall have
				the following meanings:
(1) "Assault"
			 means an unauthorized touching, including spitting and/or throwing a
			 substance/object, striking, cutting, or shooting by an offender resulting in
			 physical injury to an employee.
(2)
			 "Assault benefits" means reimbursement to employees of some of their costs
			 attributable to being the victim of an offender assault.
(3) "Assistant secretary" means the executive
			 head of one of the department's organizational divisions.
(4) "Department" means the department of
			 corrections.
(5) "Employee" means
			 any individual who is appointed by the secretary, and who serves under the
			 supervision and authority of the department. The term "employee" shall not
			 include an individual performing personal services under contract or
			 offenders.
(6) "Deputy secretary"
			 is the deputy secretary for the department or his/her designee.
(7) "Doctor" means a person licensed to
			 practice one or more of the following professions: Medicine and surgery;
			 osteopathic; chiropractic; drugless therapeutics; podiatry; dentistry;
			 optometry.
(8) "Offender" means any
			 person in the custody of or subject to the jurisdiction of the department of
			 corrections.
(9) "Secretary" means
			 the secretary of the department of corrections or the secretary's
			 designee.
Statutory Authority:
				  RCW
				  72.01.090. 09-15-198, §
										137-78-010, filed 7/22/09,
				  effective 8/22/09; 03-21-088, §
										137-78-010, filed 10/17/03,
				  effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order
				  89-05), §
										137-78-010, filed 7/19/89,
				  effective 8/19/89.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-78 - Employee assault benefits › Section 137-78-020 - Eligibility

Current through Register Vol. 24-14, July 15, 2024
Employees who apply to the department may be eligible for
				assault benefits if the department finds that each of the following has
				occurred:
(1) An offender has
			 assaulted the employee and as a result thereof the employee has sustained
			 injuries which have required the employee to miss one or more days of
			 work;
(2) The assault is not
			 attributable to any extent to the employee's negligence, misconduct, or failure
			 to comply with any rules or conditions of employment;
(3) The assault occurred while the employee
			 was in the performance of his/her official duties; and
(4) The employee has made application for
			 compensation under
			 Title
			 51 RCW and the claim has been
			 approved for an injury related to the assault.
Statutory Authority:
				  RCW
				  72.01.090. 09-15-198, §
										137-78-020, filed 7/22/09,
				  effective 8/22/09. Statutory Authority: RCW 72.13.170. 89-15-059 (Order 89-05),
				  §
										137-78-020, filed 7/19/89,
				  effective 8/19/89.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-78 - Employee assault benefits › Section 137-78-030 - Application process

Current through Register Vol. 24-14, July 15, 2024
Employees who meet the eligibility requirements of WAC
				137-78-020 and elect to apply for
				assault benefits shall submit a signed application for assault benefits, a
				properly completed report of accident/injury and a copy of his or her L&I
				Report of Industrial Injury or Occupational Disease form (F242-130-000), to his
				or her locally designated representative or human resource office within sixty
				working days of the occurrence of the assault or, if the application could not
				be reasonably submitted within that period, within sixty working days of the
				time when application could reasonably have been made. Applications shall be
				reviewed through the employee's chain of command. The department shall grant or
				deny the request for assault benefits within thirty working days after receipt
				of the completed application, but may extend that time to gather additional
				information. A completed application shall include information that the
				department of labor and industries has approved the employee's claim for
				benefits related to the assault.
Statutory Authority:
				  RCW
				  72.01.090. 09-15-198, §
										137-78-030, filed 7/22/09,
				  effective 8/22/09; 03-21-088, §
										137-78-030, filed 10/17/03,
				  effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order
				  89-05), §
										137-78-030, filed 7/19/89,
				  effective 8/19/89.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-78 - Employee assault benefits › Section 137-78-040 - Conditions of reimbursement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Assault benefits authorized by the department under this chapter shall not
			 continue longer than the date of termination of time loss benefits by the
			 department of labor and industries or three hundred sixty-five consecutive days
			 from the date of the injury, whichever date is earlier, and shall be limited to
			 the following:
(a) For each workday missed due
			 to assault for which the employee is not eligible to receive compensation under
			 chapter
			 51.32 RCW, the employee
			 shall receive full pay pursuant to
			 RCW
			   72.09.240 and this chapter; and
(b) In respect to workdays missed due to
			 assault for which the employee shall be reimbursed compensation under
			 chapter
			 51.32 RCW, the employee
			 shall receive full pay, less any industrial insurance payments for time loss
			 during the period in which assault benefits are received.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-78 - Employee assault benefits › Section 137-78-050 - Medical reports

Current through Register Vol. 24-14, July 15, 2024
The employee shall, at the request and sole expense of the
				department, submit to an independent medical examination by a licensed
				physician or other licensed health care provider designated by the department
				to determine whether the employee may continue to receive assault
				benefits.
Statutory Authority: RCW 72.13.170. 89-15-059 (Order 89-05),
				  §
										137-78-050, filed 7/19/89,
				  effective 8/19/89.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-78 - Employee assault benefits › Section 137-78-060 - Denial of application for assault benefits

Current through Register Vol. 24-14, July 15, 2024
If the employee's request for assault benefits is denied by the
				department, the employee may, within ten working days from the date of denial,
				file a petition for reconsideration, stating the specific grounds upon which
				the application should be granted. The department shall respond within twenty
				working days from the date the petition was received; provided that the time
				may be extended to gather additional information.
Statutory Authority:
				  RCW
				  72.01.090. 09-15-198, §
										137-78-060, filed 7/22/09,
				  effective 8/22/09; 03-21-088, §
										137-78-060, filed 10/17/03,
				  effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order
				  89-05), §
										137-78-060, filed 7/19/89,
				  effective 8/19/89.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-78 - Employee assault benefits › Section 137-78-070 - Overpayment disputes

Current through Register Vol. 24-14, July 15, 2024
If a dispute exists between the employee and department
				concerning the amount of any overpayment to be repaid the department, the
				employee may request a hearing in accordance with
				chapter
				34.05 RCW and this
				section. The employee shall file a written petition with the Deputy Secretary
				at P.O. Box 41101, Olympia, Washington 98504-1101, within thirty days after the
				dispute arises.
Statutory Authority:
				  RCW
				  72.01.090. 09-15-198, §
										137-78-070, filed 7/22/09,
				  effective 8/22/09; 03-21-088, §
										137-78-070, filed 10/17/03,
				  effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order
				  89-05), §
										137-78-070, filed 7/19/89,
				  effective 8/19/89.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-79 - Sexual misconduct by state employees, contractors › Section 137-79-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify penalties for
				contractors and employees of the department who engage in sexual intercourse or
				sexual contact with inmates.
Statutory Authority:
				  RCW
				  72.01.090 and
				  72.09.225. 07-21-142, §
										137-79-010, filed 10/24/07,
				  effective 11/24/07.