reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-79 - Sexual misconduct by state employees, contractors › Section 137-79-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the following items shall have the
				following meanings:
(1) "Secretary"
			 shall mean the secretary of the department of corrections.
(2) "Department" shall mean the department of
			 corrections.
(3) "Inmate" shall
			 mean a person committed to the custody or under the supervision of the
			 department, including but not limited to persons residing in a correctional
			 institution or facility and persons released on furlough, work release, or
			 community custody, and persons received from another state, state agency,
			 county, or federal jurisdiction.
(4) "Sexual intercourse":
(a) Has its ordinary meaning and occurs upon
			 any penetration, however slight; and
(b) Also means any penetration of the vagina
			 or anus however slight, by an object, when committed on one person by another,
			 whether such persons are of the same or opposite sex, except when such
			 penetration is accomplished for medically recognized treatment or diagnostic
			 purposes; and
(c) Also means any
			 act of sexual contact between persons involving the sex organs of one person
			 and the mouth or anus of another whether such persons are of the same or
			 opposite sex.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-79 - Sexual misconduct by state employees, contractors › Section 137-79-030 - Sexual contact prohibited

Current through Register Vol. 24-14, July 15, 2024
Sexual intercourse or sexual contact between an employee of the
				department or an employee of a department contractor and an inmate is strictly
				prohibited, provided that the termination provisions of this chapter shall not
				be invoked if the sexual intercourse or sexual contact is against the employed
				person's will.
Statutory Authority:
				  RCW
				  72.01.090 and
				  72.09.225. 07-21-142, §
										137-79-030, filed 10/24/07,
				  effective 11/24/07.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-79 - Sexual misconduct by state employees, contractors › Section 137-79-040 - Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) When the
			 secretary has reasonable cause to believe that sexual intercourse or sexual
			 contact between an employee and an inmate has occurred, notwithstanding any
			 rule adopted under
			 chapter
			 41.06 RCW the secretary
			 shall immediately suspend the employee.
(2) The secretary shall immediately institute
			 proceedings to terminate the employment of any person:
(a) Who is found by the department, based on
			 a preponderance of the evidence, to have had sexual intercourse or sexual
			 contact with the inmate; or
(b)
			 Upon a guilty plea or conviction for any crime specified in
			 chapter
			 9A.44 RCW when the victim
			 was an inmate.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-79 - Sexual misconduct by state employees, contractors › Section 137-79-050 - Release of records

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 may, within its discretion or upon request of any member of the public, release
			 information to an individual or to the public regarding any person or contract
			 terminated under this section.
(2)
			 An appointed or elected public official, public employee, or public agency as
			 defined in RCW   4.24.470 is immune from civil
			 liability for damages for any discretionary release of relevant and necessary
			 information, unless it is shown that the official, employee, or agency acted
			 with gross negligence or in bad faith. The immunity provided under this section
			 applies to the release of relevant and necessary information to other public
			 officials, public employees, or public agencies, and to the public.
(3) Except as provided in
			 chapter
			 42.56 RCW, or elsewhere,
			 nothing in this section shall impose any liability upon a public official,
			 public employee, or public agency for failing to release information authorized
			 under this section. Nothing in this section implies that information regarding
			 persons designated in subsection (2) of this section is confidential except as
			 may otherwise be provided by law.
Statutory Authority:
				  RCW
				  72.01.090 and
				  72.09.225. 07-21-142, §
										137-79-050, filed 10/24/07,
				  effective 11/24/07.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-79 - Sexual misconduct by state employees, contractors › Section 137-79-060 - Hearing procedure

Current through Register Vol. 24-14, July 15, 2024
Hearings under this chapter shall follow the disciplinary
				hearing processes referenced in the collective bargaining agreement (CBA)
				applicable to the employee or in Title 357 WAC if the employee is not
				represented.
Statutory Authority:
				  RCW
				  72.01.090 and
				  72.09.225. 07-21-142, §
										137-79-060, filed 10/24/07,
				  effective 11/24/07.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) These rules and
			 regulations are adopted pursuant to and in accordance with chapter 34.05 RCW.
			 The purpose is to provide standards and procedures necessary to ensure the
			 implementation of a comprehensive work program. (See
			 RCW
			   72.09.015(32).) The headings
			 and captions for the above classes are used for convenience only and do not
			 constitute a part hereof. The use of the term "class" to identify a work
			 program does not restrict the department to a singular description of a work
			 program within that class or the use of other work programs authorized by
			 separate statute.
(2) The secretary
			 may adopt policies providing further guidance for establishing, among other
			 things, worker participation eligibility and security requirements for each
			 class of work program. The secretary may pilot temporary changes to
			 correctional industries' Class IV and V work crew programs for the preservation
			 of public health, safety or general welfare and in response to other community
			 service needs that also promote public health, safety and general welfare. The
			 benefits of such changes will be assessed through a limited number of work crew
			 agreements that may not be subject to all of the current provisions of this
			 chapter.
Statutory Authority:
				  RCW
				    72.01.090. 03-21-088, §
										137-80-010, 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), §
										137-80-010, filed
				  8/27/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-030 - Establishment of work programs

Current through Register Vol. 24-14, July 15, 2024
In order to provide a comprehensive work program the
				department, in following the recommendation of the legislature, has adopted the
				following classes of work programs and made variations thereof:
(1)
Class I:
Free venture industries;
(2)
Class II:
Tax reduction industries;
(3)
Class III:
Institutional support industries;
(4)
Class IV:
Community work crews; and
(5)
Class V:
Community restitution, work release and community
						supervision or custody.
Statutory Authority:
				  RCW
				    72.09.050 and chapter 34.04 RCW. 82-18-042
				  (Order 82-11), §
										137-80-030, filed
				  8/27/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-031 - Class I: Free venture industries

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The employer model industries in this class shall be operated and managed in
			 total or in part by any for-profit or nonprofit corporation pursuant to an
			 agreement between the corporation and the department. The corporation shall
			 produce goods or services for sale to both the public and private
			 sector.
(2)The customer model
			 industries in this class shall be operated and managed by the department to
			 provide Washington state manufacturers or businesses with products or services
			 currently produced or provided by out-of-state or foreign suppliers.
(3) The department shall review these
			 proposed industries, including any potential new Class I industries work
			 program or the significant expansion of an existing Class I industries work
			 program, before the department contracts to provide such products or services.
			 The review shall include the analysis required under
			 RCW
			   72.09.115 to determine if the proposed
			 correctional industries work program will compete with any Washington business.
			 An agreement for a new Class I correctional industries work program, or an
			 agreement for a significant expansion of an existing Class I correctional
			 industries work program, that unfairly competes with any Washington business is
			 prohibited.
(4)The department shall
			 supply appropriate security and custody services without charge to the
			 participating firms.
(5)
			 Incarcerated individuals who work in free venture industries shall do so at
			 their own choice. They shall be paid a wage comparable to the wage paid for
			 work of a similar nature in the locality in which the industry is located, as
			 determined by the program director of correctional industries. If the program
			 director cannot reasonably determine the comparable wage, then the pay shall
			 not be less than the federal minimum wage.
(6) An incarcerated individual who is
			 employed in the Class I program of correctional industries shall not be
			 eligible for unemployment compensation benefits pursuant to any of the
			 provisions of Title 50 RCW until released on parole or discharged.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-032 - Class II: Tax reduction industries

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department may establish Class II industry work programs that are closely
			 patterned after private sector industries but are designed primarily to reduce
			 the cost of goods and services. Goods produced and services provided by Class
			 II work programs shall be provided at a reduced cost and only be available to
			 the department, other tax-supported agencies and nonprofit corporations.
(a) The industries selected for development
			 within this class shall, as much as possible, match the available pool of
			 worker skills and aptitudes with the work opportunities in the free community.
			 Incarcerated individuals working in Class II work programs do so of their own
			 free choice.
(b)Except as provided
			 in
			 RCW
			   39.26.251 and this section, the products and
			 services of this class, including purchased products and services necessary for
			 a complete product line, may be sold by the department to the following:
(i) Public agencies;
(ii) Nonprofit corporations;
(iii) Private contractors when the goods
			 purchased will be ultimately used by a public agency or a nonprofit
			 corporation;
(iv) An employee and
			 immediate family members of an employee of the department;
(v) An individual under the supervision of
			 the department and his or her immediate family members; and
(vi) A licensed health professional for the
			 sole purpose of providing eyeglasses to enrollees of the state medical program
			 at no more than the health professional's cost of acquisition.
(c)The secretary may issue
			 guidance governing the type and quantity of items that may be purchased for
			 other than resale purpose and sold under (b)(iv) and (v) of this
			 subsection.
(d) Clothing
			 manufactured by an industry in this class may be donated to public benefit
			 nonprofit corporations that provide clothing free of charge to low-income
			 persons, but under no circumstance shall uniforms to be worn by correctional
			 officers employed with the department be made or assembled by workers under the
			 custody of the department.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-033 - Class III: Institutional work programs

Current through Register Vol. 24-14, July 15, 2024
(1) Class III work programs are operated by
			 the department to support internal prison operation and maintenance needs and
			 if possible, offset tax and other public support costs. Incarcerated
			 individuals are assigned to Class III work programs.
(2)A contract is not required for Class III
			 programs.
(3) Each prison will
			 determine its own Class III work programs.
(4)Whenever possible, Class III programs will
			 provide forty hours per week of basic work, or work training and experience, to
			 help participants to qualify for better prison work programs and/or work in the
			 community upon release.
(5) With
			 approval of the secretary, a facility may, by written contract, partner with a
			 public benefit nonprofit corporation to provide job specific training and work
			 to incarcerated individuals within the prison. Work performed must be designed
			 to produce goods or services for public agencies and/or public benefit
			 nonprofit corporations at a reduced cost.
After completion of training, individuals may request
				assignment to the Class III program in the prison in which they received job
				specific training. Individuals assigned to such Class III programs may be
				required by the program to fulfill occasional job related work requirements
				outside of the prison. Individuals approved for such occasional off-site Class
				III work will be:
(a)Approved, in
			 advance, by the prison superintendent or designee, to leave the prison
			 grounds;
(b)Escorted by, and under
			 the supervision of, a correctional officer at all times;
(c)Required to return to the prison the same
			 day. Overnight absences will not be permitted; and
(d) Covered by the department offender health
			 plan in the event of illness or injury while away from the prison.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-034 - Class IV: Community work crews

Current through Register Vol. 24-14, July 15, 2024
Incarcerated individuals in Class IV work status reside in
				facilities contracted for, owned or licensed by the department, and participate
				in programs that have both education and work components.
(1) Class IV services may be provided to both
			 501(c)(3) public charity and 501(c)(4) social welfare nonprofit organizations
			 and to public agencies. Two types of Class IV services are available. The first
			 or standard type (standard), will constitute the majority of Class IV work and
			 is paid for by the recipient of the services. The second type of Class IV
			 service, a " goodwill service," is paid for by the department.
(2) Class IV services may be initiated by the
			 department or provided at the request of an eligible recipient. Allowable Class
			 IV services are limited to those included in the Class IV Project Matrix, as
			 now existing or hereafter revised.
(3) Class IV services are performed in the
			 community, generally in the county in which the facility is located.
(4) Incarcerated individuals who perform
			 Class IV work will be compensated at gratuity rates specifically established
			 for the type of work performed. Class IV gratuity rates will be established by
			 the department and contained in the Class IV Project Matrix as now existing or
			 hereafter revised.
(5) Class IV
			 services do not require skilled labor, are not performed on private property,
			 unless owned or operated by an eligible nonprofit corporation, and have minimal
			 negative impact on existing private industries or the labor force in the county
			 where the service is provided.
(6)
			 For standard Class IV services:
(a) The
			 department requires:
(i) A master agreement,
			 written with program input in the department's office of contracts and legal
			 affairs and signed by the department secretary or contracts administrator and
			 an authorized representative of the recipient;
(ii) A work project description that is
			 signed by the authorized representative of each party. The work project
			 description operates under the master agreement to detail the responsibilities
			 of each party for each project. Work may not begin until both a fully signed
			 master agreement and a work project description for the particular project are
			 signed by the parties.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-035 - Class V: Community restitution, work release, and community supervision or custody

Current through Register Vol. 24-14, July 15, 2024
(1) Individuals in
			 this class reside in the community. They are :
(a)In court ordered community restitution
			 programs;
(b)In work release
			 status; or
(c) Under community
			 supervision or custody.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-040 - Sale of goods

Current through Register Vol. 24-14, July 15, 2024
(1) The director or
			 his/her designee may sell all articles, materials, and supplies authorized by
			 statute to be produced or manufactured in correctional institutions to any
			 state agency, political subdivision of the state or as otherwise authorized by
			 statute.
(2) The secretary shall
			 require those institutions under his/her direction to give preference to those
			 articles, materials, and supplies produced or manufactured by correctional
			 industries when purchases are made for institution needs.
(3) The director may cause to be prepared
			 annually, at such times he/she may determine, lists containing the descriptions
			 of all articles and supplies manufactured and produced in state correctional
			 institutions; copies of such list shall be sent to the supervisor of purchasing
			 and to all departments, institutions and agencies of the state of
			 Washington.
Statutory Authority:
				  RCW
				    72.01.090. 03-21-088, §
										137-80-040, 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), §
										137-80-040, filed
				  8/27/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-050 - Proceeds of sale

Current through Register Vol. 24-14, July 15, 2024
Except for any sum recommended by the committee to be returned
				to the state general fund, all net profits from institutional industries shall
				be placed in a special revolving fund (Class II account) and shall be used
				exclusively, without appropriation, in the expansion and improvement of Class
				II industries.
Statutory Authority:
				  RCW
				    72.09.050 and chapter 34.04 RCW. 82-18-042
				  (Order 82-11), §
										137-80-050, filed
				  8/27/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-060 - Inmate job opportunities (See RCW 7209120)

Current through Register Vol. 24-14, July 15, 2024
The director shall cause to be periodically prepared and
				distributed to a central location in each facility a list of correctional
				industries' and programs' job opportunities. This list shall include, but not
				be limited to, job descriptions and the educational and skill requirements of
				each job and shall be made available to facility personnel, institutional
				industries and incarcerated individuals.
Statutory Authority:
				  RCW
				    72.01.090. 03-21-088, §
										137-80-060, 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), §
										137-80-060, filed
				  8/27/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-070 - Safety and health

Current through Register Vol. 24-14, July 15, 2024
(1) As required by
			 the state division of occupational safety and health (DOSH), individuals in
			 work programs will be provided a safe and healthy workplace free from
			 recognized hazards.
(2)All
			 correctional industries and programs will adhere to relevant federal and state
			 safety laws as well as to departmental safety policies and
			 requirements.
(3)The department, as
			 the custodial authority, will determine whether or not it is safe for
			 individuals to perform the requested services in Classes IV and V. The
			 department's determination may be based upon previous experience with the work
			 location, the work requested and the recipient, or the results of a hazardous
			 conditions and materials assessment performed by the department and the
			 recipient together or at the department's discretion, by the department
			 alone.
(4) Workers in Classes IV
			 and V shall receive work and safety training and any necessary personal
			 protective equipment, in accordance with the master agreement, associated work
			 project descriptions, goodwill service agreement and chapter 296-800 WAC,
			 Safety and health core rules.
(5)
			 Incarcerated individuals participating in Class III programs are not considered
			 "employees" for DOSH purposes.
(6)For DOSH purposes, incarcerated
			 individuals participating in Class V programs may be considered "employees" or
			 "workers."
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-080 - Industrial insurance

Current through Register Vol. 24-14, July 15, 2024
(1) No
			 incarcerated individual compensated for work in correctional industries shall
			 be considered as an employee, or to be employed by the state or the
			 department.
(2) Incarcerated
			 individuals working in Classes I, II, and IV of correctional industries are
			 eligible for industrial insurance benefits as provided by Title 51
			 RCW.
(3) Incarcerated individuals
			 performing Class V community restitution work will be made eligible for
			 industrial insurance benefits as provided for by RCW 51.12.-045.
(4)Incarcerated individuals working in Class
			 III industries are ineligible for industrial insurance benefits.
(5) The department will pay the department of
			 labor and industries all workers' compensation premiums due under Title 51 RCW
			 for workers providing services in classes IV and V. Recipients must reimburse
			 the department for all such workers' compensation premiums under Title 51 RCW.
			 Except that, recipients will not pay the department for any L & I premiums
			 paid for workers providing goodwill services.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-090 - Work crew costs and responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this chapter shall be
			 construed as limiting the regulatory authority of the department of labor and
			 industries in determining health and safety compliance and employer status for
			 purposes of DOSH and Title 51 RCW, the issuance or review of citations or
			 corrective actions related to health and safety compliance in the workplace
			 provided the community or community restitution work crew, or in determining
			 responsibility for payment of fees due under Title 51 RCW.
It is understood that the responsible divisions within the
				department of labor and industries shall act independently in any review of
				claims or citations. Public agencies and public benefit nonprofit corporations
				that contract with the department for work crew services will be responsible
				for safety and health conditions at the work location, will have the
				responsibility and the authority for ensuring that any hazardous condition is
				corrected, and as applicable, reimburse the department for the cost of worker
				industrial insurance coverage. For standard Class IV services only, recipients
				will also be responsible for paying worker gratuities.
(2) The department will provide at least one
			 correctional officer for the security and custody supervision of workers at all
			 work crew locations to fulfill its mission to improve public safety and to
			 maintain custody as required by state law.
(3) Any specific worker personal protective
			 equipment that is required will be detailed in the work project description for
			 each Class IV or ClassV work crew project or in the services agreement for any
			 goodwill service. The party(ies) responsible for providing such personal
			 protective equipment will also be designated in the work project
			 description.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-80 - Correctional industries and programs › Section 137-80-100 - Application limited to this chapter

Current through Register Vol. 24-14, July 15, 2024
The powers and authority conferred by this chapter shall be
				construed as limited to this chapter and nothing herein shall be construed as
				applying to any other incarcerated individuals' work programs authorized by
				federal law or Washington state law. Neither shall anything contained herein be
				construed as limiting any other powers or authority of any public
				agency.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-010 - Health care - General policy

Current through Register Vol. 24-14, July 15, 2024
The policy of the department of corrections (the department)
				with regard to health care for offenders in adult correctional facilities is to
				provide that care, consistent with the
Offender Health Plan (OHP),
which is medically necessary to respond to the offender's medical, dental, and
				mental health needs. Medically necessary is defined as that care that is
				determined by the department to:
Be consistent with applicable department policies and
							 procedures;
Be ordered by an authorized department health care
							 provider;
Not be considered experimental or be lacking in
							 medically recognized professional documentation of efficacy; and
Not be administered solely for the convenience of the
							 offender or the health care provider.
11-01-149, §
										137-91-010, filed 12/21/10,
				  effective 1/21/11. 97-22-057, §
										137-91-010, filed 11/3/97,
				  effective 10/22/97.
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 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-020 - Contracts for services

Current through Register Vol. 24-14, July 15, 2024
The department intends to purchase health care in a prudent,
				cost-effective manner without unduly restricting offenders' access to
				appropriate and medically necessary care. Therefore, notwithstanding any other
				provisions of law, the secretary may enter into contracts with health care
				practitioners, health care facilities, and other entities or agents qualified
				to provide such services as may be necessary to provide health care to
				offenders in accordance with the provisions of
				RCW
				  72.10.030.
97-22-057, §
										137-91-020, filed 11/3/97,
				  effective 10/22/97.
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 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-030 - Utilization review

Current through Register Vol. 24-14, July 15, 2024
When purchasing health care services and establishing medical
				necessity of services, the secretary is authorized to implement health care
				utilization management methods to assure the appropriateness of the care
				rendered to the offender. These methods may include but are not limited to:
				Prior authorization; hospital length of stay review; case management; treatment
				guidelines; and audit of billed charges and services
				rendered.
97-22-057, §
										137-91-030, filed 11/3/97,
				  effective 10/22/97.
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 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-040 - Purchasing health care services

Current through Register Vol. 24-14, July 15, 2024
The secretary is authorized to institute any reasonable
				reimbursement mechanism for purchasing health care services from health care
				practitioners or health care facilities. These reimbursement mechanisms shall
				include, but are not limited to: Capitation; per diems, global fees;
				diagnosis-related groups (DRG); fee schedules, or any other prudent
				cost-effective payment method which shall be established by rule adopted in
				accordance with
				chapter
				34.05
				RCW.
97-22-057, §
										137-91-040, filed 11/3/97,
				  effective 10/22/97.
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 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-050 - Audits and recovery in purchasing health care services

Current through Register Vol. 24-14, July 15, 2024
The secretary may establish rules and procedures for
				selectively and/or randomly auditing the accuracy of fees and the medical
				billings submitted to the department. The department, or its agent, may review
				the offender's community health care record to assure that the offender
				received the services for which the bill was submitted.
Whenever an audit establishes that the services rendered were
				not authorized or medically necessary, the department shall not pay the cost
				for such services nor shall the offender be held accountable for such
				costs.
The secretary is authorized to seek recovery when the
				department identifies that a health care practitioner or facility is not
				entitled to the billed fees. The practitioner or facility is liable for any
				excess payment received and must repay the excess payment plus accrued interest
				on the excess payment at the rate of one percent per month for each month for
				the period from the date which the payment was made to the date upon which
				payment is made to the department.
97-22-057, §
										137-91-050, filed 11/3/97,
				  effective 12/5/97. Statutory Authority:
				  RCW
				  72.01.050,
				  72.01.090 and
				  72.09.050. 84-16-066 (Order
				  84-11), §
										137-91-050, filed 7/30/84,
				  effective 9/4/84. Formerly WAC 275-91-050.
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 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-075 - Other health care coverage

Current through Register Vol. 24-14, July 15, 2024
If an offender is eligible for health care benefits through the
				veterans administration, the department of labor and industries (L&I),
				automobile insurance claims, or any other third-party payer or insurer
				determined to be primarily responsible for the offender's health condition,
				through coordination of benefits rules, the department of corrections shall be
				considered a secondary payer.
97-22-057, §
										137-91-075, filed 11/3/97,
				  effective 10/22/97.
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 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-080 - Health care services

Current through Register Vol. 24-14, July 15, 2024
The health care program operated by the department of
				corrections shall include the following services:
(1) Initial examination when the offender
			 enters the adult correction system. This examination shall include:
(a) Health history;
(b) An initial physical examination including
			 laboratory, radiology and other diagnostic studies, as indicated;
(c) Dental examination;
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-090 - Use of allied health professionals

Current through Register Vol. 24-14, July 15, 2024
Allied health professionals, those licensed certified or
				registered health care providers other than physicians or dentists, may be used
				in the health care programs at each correctional facility. Allied health
				professionals may deliver such care as their licensure, certification,
				registration or statute governing their profession permits.
97-22-057, §
										137-91-090, filed 11/3/97,
				  effective 10/22/97.
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 137-91 - Adult correctional institutions - Medical care - Health care › Section 137-91-100 - Health record

Current through Register Vol. 24-14, July 15, 2024
The health record shall be maintained at the facility where an
				offender is housed. Health records of offenders housed at work release
				facilities shall be maintained at a location(s) designated by the regional
				administrator for the region in which the facility is located. Upon transfer of
				the offender between state facilities, that offender's record shall be
				transferred along with the offender. The health record shall be archived ninety
				days following the offender's release from the department's jurisdiction. The
				health record shall include:
(1)
			 Detailed reports of admission, medical, dental and mental health evaluations
			 and recommendations;
(2) All
			 primary encounter and progress notes regarding continuing health status
			 including illnesses, hospitalization, surgery, results of consultations and
			 examinations, reports of tests done, immunizations, and problem
			 lists;
(3) Reports completed by
			 outside consultants.
Information contained in the offender health record is
confidential.
Access to and release of information contained in
				the offender health record shall be in strict compliance with
				chapter
				70.02
				RCW.
03-16-072, §
										137-91-100, filed 8/4/03,
				  effective 9/4/03. 97-22-057, §
										137-91-100, filed 11/3/97,
				  effective 10/22/97.
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 137-96 - Prerelease programs › Section 137-96-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth the rules and
				regulations governing the administration of the department's prerelease
				programs.
95-22-059, §
										137-96-010, filed 10/30/95,
				  effective 12/1/95.
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 137-96 - Prerelease programs › Section 137-96-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Secretary" is
			 the secretary of the department of corrections.
(2) "Deputy secretary" is the deputy
			 secretary, prisons division, department of corrections.
(3) "Assistant deputy secretary" is the
			 assistant deputy secretary, prisons division.
(4) "Superintendent" is the individual
			 responsible for the planning, organizing, and implementation of programs at a
			 prerelease facility.
(5) "Contract
			 staff" is the staff member(s) of an agency under contract to the department of
			 corrections to provide programming for offenders at prerelease.
(6) "Prerelease offender" is an offender who
			 has been approved and placed in prerelease.
(7) "Volunteer escort" is a responsible
			 citizen who has been screened, trained, and assigned to escort and supervise
			 offenders during official and approved activities outside of the facility or to
			 participate in approved activities inside the facility.
(8) "Prerelease" is a total confinement
			 facility approved for housing and supervision of offenders under the
			 jurisdiction of the department of corrections. The program provides the
			 transitional services necessary to assist offenders in their successful return
			 into the community.
07-08-082, §
										137-96-020, filed 4/2/07,
				  effective 5/3/07. 03-16-072, §
										137-96-020, filed 8/4/03,
				  effective 9/4/03. 95-22-059, §
										137-96-020, filed 10/30/95,
				  effective 12/1/95.
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 137-96 - Prerelease programs › Section 137-96-030 - Secretary's authority to grant or deny

Current through Register Vol. 24-14, July 15, 2024
The secretary or his or her designee may grant or deny
				prerelease as authorized by
				Title
				72 RCW subject to the rules of
				this chapter.
95-22-059, §
										137-96-030, filed 10/30/95,
				  effective 12/1/95.
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 137-96 - Prerelease programs › Section 137-96-040 - Reasons for placement

Current through Register Vol. 24-14, July 15, 2024
Prerelease may be authorized for one or more of the
				following:
(1) Time remaining to
			 release and behavior is appropriate for placement.
(2) Offender has violated the terms of
			 community placement.
(3) Offender
			 has violated the conditions of work release.
(4) Offender has violated the conditions
			 established by the indeterminate sentence review board.
(5) For any reason deemed appropriate by the
			 department.
95-22-059, §
										137-96-040, filed 10/30/95,
				  effective 12/1/95.
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 137-96 - Prerelease programs › Section 137-96-100 - Cell tag

Current through Register Vol. 24-14, July 15, 2024
Each offender of a multiple-offender cell will be held
				accountable for an infraction that occurs within the confines of such cell
				unless he/she can establish a lack of involvement in the
				infraction.
95-22-059, §
										137-96-100, filed 10/30/95,
				  effective 12/1/95.
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 137-96 - Prerelease programs › Section 137-96-110 - Earned time, granting, and denial

Current through Register Vol. 24-14, July 15, 2024
An offender may receive earned time sentence reduction for
				participating or attempting to participate in facility work, education, or
				training programs in accordance with department policy. Prior to a denial of
				earned time, the basis for the proposed denial shall be explained to the
				offender. Should the offender wish to contest the proposed denial, he/she may
				request a hearing, which shall be held at least twenty-four hours after the
				offender has received written notice scheduling the hearing and indicating the
				basis for the proposed denial. The hearing shall be before an impartial
				official designated by the superintendent, pursuant to WAC
				137-56-175. The offender shall be
				provided a written statement from the hearing official showing the evidence
				relied on and the reasons for the decision. The hearing shall be conducted in
				accordance with WAC
				137-56-180. Such a hearing and
				its result shall not be considered disciplinary in nature and the decision of
				the hearing shall be limited to recommending to the superintendent that earned
				time credits be granted or denied in whole or in part. Granting or denial of
				earned time credits for out-of-state offenders shall be handled in substantial
				accord with this rule.
03-16-072, §
										137-96-110, filed 8/4/03,
				  effective 9/4/03. 95-22-059, §
										137-96-110, filed 10/30/95,
				  effective 12/1/95.
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 137-96 - Prerelease programs › Section 137-96-120 - Reporting to law enforcement authorities

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be the duty of the
			 superintendent to report any violation of a federal, state, or local law to law
			 enforcement authorities.
(2) If a
			 violation has been reported to law enforcement authorities, the offender shall
			 not be questioned about the incident, outside of a formal disciplinary hearing
			 or an administrative segregation hearing, held pursuant to this chapter, until
			 after it has been determined that no prosecution will occur or until a finding
			 of guilt is made.
(3) The
			 provisions in this rule shall not preclude the reasonable segregation of the
			 offender in accordance with administrative segregation rules appearing in this
			 chapter.
95-22-059, §
										137-96-120, filed 10/30/95,
				  effective 12/1/95.
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 137-96 - Prerelease programs › Section 137-96-130 - Infractions - On-site adjustment

Current through Register Vol. 24-14, July 15, 2024
(1)
			 In the event of a general infraction, a staff member may make an on-site
			 adjustment which may consist of:
(a)
			 Counseling, warning, or reprimanding the offender; and/or
(b) Causing the offender to remove
			 himself/herself from the situation immediately involved in the
			 violation.