reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-24 - Special drug sentencing alternative revocation hearings › Section 137-24-050 - Determination of competency

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Whenever, as a preliminary matter, the offender or the community corrections
			 officer raises the issue of the offender's competency, or there is a reason to
			 doubt his/her competency, the hearing officer shall request a county mental
			 health professional or a qualified expert within the department to examine the
			 offender and report upon the mental condition and competency of the offender to
			 participate in the hearing.
(2)
			 Once the report is delivered to the hearing officer, the hearing shall be
			 reconvened. Based on all evidence, including the competency evaluation, the
			 hearing officer shall determine whether the offender is competent to
			 participate in the hearing and shall determine the appropriate
			 disposition.
Statutory Authority:
				  RCW
				  72.01.090,
				  72.65.100, and
				  72.09.130. 06-21-054, §
										137-24-050, filed 10/13/06,
				  effective 11/13/06.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-24 - Special drug sentencing alternative revocation hearings › Section 137-24-060 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) Within seven
			 calendar days of the hearing, the offender may appeal the decision of the
			 hearing officer to the appeal panel. The request for review shall be submitted
			 in writing and shall identify the specific issues on appeal.
(2) The sanction may be reversed or modified
			 if a majority of the panel determines that the sanction is not reasonably
			 related to the infraction behavior.
(3) The appeals panel will also examine
			 evidence presented at the hearing and reverse any finding of a violation based
			 solely on unconfirmed or unconfirmable allegations.
Statutory Authority:
				  RCW
				  72.01.090,
				  72.65.100, and
				  72.09.130. 06-21-054, §
										137-24-060, filed 10/13/06,
				  effective 11/13/06.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-25 - Serious Violations - Total and partial confinement facilities › Section 137-25-010 - Application of chapter

Current through Register Vol. 24-14, July 15, 2024
The definitions and serious violations described herein apply
				to incarcerated individuals committed to both total and partial confinement
				facilities.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 05-24-009 and 06-02-038,
				  §
										137-25-010, filed 11/28/05 and
				  12/28/05, effective 5/1/06.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-25 - Serious Violations - Total and partial confinement facilities › Section 137-25-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following terms have the
				following meanings:
(1) Aggravated
			 assault - An assault resulting in a documented physical injury requiring
			 treatment in a medical facility/treatment center by medical staff including,
			 but not limited to, bandaging, suturing, surgery, etc. An examination conducted
			 by medical staff to determine whether an injury has been sustained shall not be
			 considered treatment.
(2) Assault -
			 A physical attack upon the body of another person. The attack may be made with
			 any instrument including, but not limited to, weapons, body parts, food
			 products, or bodily secretions.
(3)
			 Attempting - Putting forth an effort to commit any violation.
(4) Bodily harm - Physical pain or injury,
			 illness, or impairment of physical condition.
(5) Conspiring - Entering into an agreement
			 with another person(s) to commit a violation.
(6) Facility - A correctional facility as
			 defined in
			 RCW
			   72.09.015.
(7) Infraction - A term designating the
			 procedures and documents related to incarcerated individual misconduct and the
			 facility disciplinary process.
(8)
			 Incarcerated individual - An inmate as defined in
			 RCW
			   72.09.015.
(9) Possessing - When an item(s) is found on
			 an incarcerated individual or in an incarcerated individual's assigned area of
			 responsibility.
(10) Sex act -
			 Includes, but is not limited to, any of the following acts: Genital-genital,
			 oral-genital, anal-genital, or oral-anal contact/penetration; genital or anal
			 contact/penetration with an inanimate object; masturbation;
			 sadistic/masochistic abuse; bondage; bestiality; and/or bodily excretory
			 behavior which appears to be sexual in nature.
(11) Sexual assault against a staff member -
			 An incident in which one or more of the following actions is taken or
			 threatened against a staff member without their consent or when they are unable
			 to consent or refuse:
(a) Contact between
			 genitalia (i.e., penis, vagina) or between genitalia and the anus involving
			 penetration, however slight. This does not include kicking, grabbing, or
			 punching genitals when the intent is to harm or debilitate rather than to
			 sexually exploit.
(b) Contact
			 between the mouth and the penis, vagina, or anus.
(c) Penetration of the anal or genital
			 opening of the staff member by hand, finger, or other object.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-25 - Serious Violations - Total and partial confinement facilities › Section 137-25-025 - Adoption or revision of serious violations

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary may adopt and/or revise
			 serious violations.
(2)Before
			 adopting or revising a serious violation, the secretary shall, when applicable,
			 follow the rule-making procedures of
			 chapter
			 34.05 RCW, the
			 Administrative Procedure Act.
(3)
			 Nothing herein shall be construed as limiting the department of corrections'
			 exclusion from the Administrative Procedure Act under
			 RCW
			   34.05.030(1)(c).
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-140 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The rules in this chapter provide a standardized system to
				determine whether misconduct by an incarcerated individual has occurred, and to
				provide a system that clearly links an incarcerated individual's behavior and
				participation in available work, training, education, or other programming as
				determined through classification with the receipt or denial of earned release
				time and other privileges as outlined in department policy.
The rules in this chapter shall not apply to proceedings of the
				indeterminate sentence review board.
The following rules set forth procedural guidelines. They do
				not create any procedural or substantive rights in any person, including any
				liberty interests in time credits, levels of custody, classification status, or
				other privileges. In accordance with Washington statutes, such matters are
				governed solely by the discretion of the department of
				corrections.
Statutory Authority:
				  RCW
				    72.01.090. 00-10-079, §
										137-28-140, filed 5/2/00,
				  effective 6/2/00; 97-03-041, §
										137-28-140, filed 1/10/97,
				  effective 2/4/97. 95-15-044, §
										137-28-140, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-150 - Authority

Current through Register Vol. 24-14, July 15, 2024
The authority for this chapter is
				RCW
				  72.01.090,
				72.09.130, and
				9.94.070.
Statutory Authority:
				  RCW
				  72.09.130,
				  72.01.090 and
				  9.94.070. 98-04-086, §
										137-28-150, filed 2/4/98,
				  effective 3/7/98. 95-15-044, §
										137-28-150, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-160 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following terms have the
				following meanings:
(1) Attempting -
			 Putting forth an effort to commit any violation.
(2) Business days - Monday through Friday,
			 excluding holidays and days the facility is experiencing
			 altered/modified/emergency operational status.
(3) Conspiring - Entering into an agreement
			 with another person(s) to commit a violation.
(4) Facility - A correctional facility as
			 defined in
			 RCW
			   72.09.015.
(5) Hearing officer - A trained staff member
			 designated by the superintendent to conduct disciplinary hearings processes, as
			 well as review appeals of general violations.
(6) Infraction - A term designating the
			 procedures and documents related to incarcerated individual misconduct and the
			 facility disciplinary process as a result of a rule violation.
(7) Infraction review officer - A trained
			 staff member who assesses and evaluates the accuracy of the infraction packet,
			 to include verification of the incident, appropriateness of the violation(s)
			 charged, thoroughness of the information, and verification that supporting
			 documents are included and that all evidence is collected and handled correctly
			 (when applicable) before submittal to the hearing office.
(8) Lesser included offense - A less serious
			 violation than the one charged, but one which the incarcerated individual
			 necessarily committed in carrying out the charged violation.
(9) Incarcerated individual - An inmate as
			 defined in
			 RCW
			   72.09.015.
(10) Possessing - When an item(s) is found on
			 an incarcerated individual or in an incarcerated individual's assigned area of
			 responsibility.
(11) Promptly - To
			 act as soon as reasonably possible, consistent with facility goals of safety,
			 security, and rehabilitation.
(12)
			 Staff member - A department of corrections employee, contract staff, or
			 volunteer.
(13) Violation - The act
			 of failing to comply with a rule enumerated in this chapter or chapter 137-25
			 WAC.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.65.100, and
				  72.09.130. WSR 09-01-195, §
										137-28-160, filed 12/24/08,
				  effective 1/24/09. Statutory Authority:
				  RCW
				    72.01.090. WSR 05-16-033, §
										137-28-160, filed 7/26/05,
				  effective 8/26/05. Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. WSR 02-12-023, §
										137-28-160, filed 5/28/02,
				  effective 6/28/02. Statutory Authority:
				  RCW
				    72.01.090. WSR 00-10-079, §
										137-28-160, filed 5/2/00,
				  effective 6/2/00; WSR 97-03-041, §
										137-28-160, filed 1/10/97,
				  effective 2/4/97. WSR 95-15-044, §
										137-28-160, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-170 - Supplementary rules

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 superintendent may promulgate and implement pilot programs, local supplementary
			 rules, policies, and procedures, including the creation of new
			 sanctions.
(2) All pilot programs,
			 local supplementary rules, policies, procedures, and new or supplemental
			 sanctions shall be approved in writing by the assistant secretary before being
			 implemented.
Statutory Authority:
				  RCW
				    72.01.090. 00-10-079, §
										137-28-170, filed 5/2/00,
				  effective 6/2/00. 95-15-044, §
										137-28-170, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-180 - Notification

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 incarcerated individuals confined in a facility shall have access to policies
			 and rules regarding:
(a) Their rights and
			 responsibilities in disciplinary matters;
(b) Acts prohibited in the facility;
			 and
(c) Disciplinary action that
			 may be taken in the event of misconduct.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-185

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090. 00-10-079, §
										137-28-185, filed 5/2/00,
				  effective 6/2/00.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-190 - Referral to law enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 superintendent should report any felony under state or federal law committed in
			 a facility to law enforcement. Any time an incarcerated individual commits a
			 serious violation after losing all potential earned release time credits, the
			 superintendent should report the incarcerated individual to local law
			 enforcement for possible felony prosecution under
			 RCW
			   9.94.070.
(2) The superintendent may report any
			 misdemeanor under state or federal law committed in a facility to law
			 enforcement.
(3) Nothing in this
			 section shall prevent an incarcerated individual's assignment to administrative
			 segregation.
Statutory Authority:
				  RCW
				    72.09.130,
				  72.01.090 and
				  9.94.070. 98-04-086, §
										137-28-190, filed 2/4/98,
				  effective 3/7/98. 95-15-044, §
										137-28-190, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-200 - Out-of-state incarcerated individuals

Current through Register Vol. 24-14, July 15, 2024
(1) Incarcerated
			 individuals committed to the department of corrections who have been
			 transferred to a prison in another state shall be subject to the disciplinary
			 rules and procedures applicable to that prison. That prison may, in its
			 discretion, use any presumptive sanction guidelines currently in effect in
			 Washington state facilities.
(2)
			 Incarcerated individuals committed to the department of corrections from other
			 states shall be subject to the disciplinary rules and procedures currently in
			 effect in the Washington state facility to which they are assigned.
(3) Each state shall forward all serious
			 infraction reports and appeals to the originating state within seven days of
			 the final action, and may include a recommendation that the incarcerated
			 individual return to the originating state.
95-15-044, §
										137-28-200, filed 7/13/95,
				  effective 8/15/95.
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 137-28 - Discipline - Prisons › Section 137-28-210 - Hearing officers

Current through Register Vol. 24-14, July 15, 2024
(1) Each hearing
			 shall be conducted by a hearing officer designated by the
			 superintendent.
(2) Hearing
			 officers may not preside over a hearing when they are related to the
			 incarcerated individual, witness, victim, or infracting officer, or have direct
			 personal involvement in the infraction under consideration. For purposes of
			 this section, direct personal involvement means knowledge or interest acquired
			 through witnessing, investigating, or directly participating in the incident
			 under consideration. This rule shall not preclude hearing officer participation
			 where the hearing officer has acquired knowledge of the incident as part of
			 regular facility responsibilities.
(3) Hearing officers may disqualify
			 themselves or may be disqualified by the superintendent if biased for or
			 against any incarcerated individual so that they cannot render a fair and
			 impartial decision in the hearing.
06-24-087, §
										137-28-210, filed 12/4/06,
				  effective 1/4/07. 95-15-044, §
										137-28-210, filed 7/13/95,
				  effective 8/15/95.
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 137-28 - Discipline - Prisons › Section 137-28-230 - General infraction procedure

Current through Register Vol. 24-14, July 15, 2024
(1) In the event of
			 a general violation, a staff member may make an on-site adjustment. An on-site
			 adjustment may consist of counseling, warning, or reprimanding the incarcerated
			 individual and/or directing the incarcerated individual to remove themselves
			 from the situation immediately. An action addressed through an on-site
			 adjustment cannot be considered a general violation for the purposes of
			 determining whether a #657 serious violation has occurred.
(2) In the event of a general violation where
			 a staff member does not make an on-site adjustment, the staff member will
			 prepare and submit an infraction report per department policy. The staff member
			 will attach copies of any supporting documents.
(3) The general infraction report shall be
			 promptly submitted for review to the supervisor designated by the
			 superintendent. Upon review, if the supervisor determines the action meets the
			 criteria of a serious violation, they may return the report to the reporting
			 staff member to upgrade the general violation to a serious violation. If the
			 violation is upgraded, the reporting staff member will forward the serious
			 infraction report to the infraction review officer.
(4) If the action was appropriately charged
			 as a general violation, the supervisor will decide whether the incarcerated
			 individual is guilty or not guilty within five business days of receiving the
			 report, unless an extension is approved in writing by the hearing officer. The
			 supervisor will conduct an informal hearing at which they may allow witnesses
			 and documentary evidence with the incarcerated individual present.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.65.100, and
				  72.09.130. 09-01-195, §
										137-28-230, filed 12/24/08,
				  effective 1/24/09. Statutory Authority:
				  RCW
				    72.01.090. 00-10-079, §
										137-28-230, filed 5/2/00,
				  effective 6/2/00. 95-15-044, §
										137-28-230, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-240 - General violations-Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) If the
			 supervisor finds the incarcerated individual not guilty of a general violation,
			 disciplinary sanctions shall not be imposed on the incarcerated individual for
			 that violation. Records pertaining to the violation shall not be placed in the
			 incarcerated individual's file, but may be retained for statistical,
			 litigation, and recordkeeping purposes.
(2) If the supervisor finds the incarcerated
			 individual guilty of any general violation, the supervisor may impose one or
			 more of the following sanctions:
(a) Reprimand
			 or warning;
(b) Issuance of a
			 written order to cease the problematic behavior. The order will include a
			 warning that if the identified behavior is repeated within a specified period
			 (not to exceed 180 days), the incarcerated individual will be charged with a
			 serious violation (#658 under WAC
			 137-25-030);
(c) Loss of a privilege or privileges as
			 specified by the supervisor for a period not to exceed 10 consecutive days on
			 the first offense, 20 consecutive days on the second offense, and 30
			 consecutive days on the third offense within a six-month period;
(d) Evening cell/room confinement, except for
			 attendance at work or school assignments, religious services, or meals, or law
			 library if approved for emergency/priority access per department policy, not to
			 exceed 10 consecutive evenings;
(e)
			 Weekend and/or holiday cell/room confinement, except for attendance at work or
			 school assignments, religious services, or meals, or law library if approved
			 for emergency/priority access per department policy, for a period of one or
			 more weekends, not to exceed four consecutive weekends per incident. For
			 purposes of this rule, a "weekend" shall begin at the end of the incarcerated
			 individual's programming or work day Friday and terminate at the beginning of
			 the incarcerated individual's programming or work day Monday;
(f) Confinement to cell/room except for
			 attendance at work or school assignments, religious services, or meals, or law
			 library if approved for emergency/priority access per department policy, for a
			 period not to exceed 10 consecutive days;
(g) Up to 120 hours of extra work
			 duty.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-250 - General infraction appeals

Current through Register Vol. 24-14, July 15, 2024
(1) If the
			 supervisor finds the incarcerated individual guilty of a general violation,
			 only the incarcerated individual may appeal the decision and/or sanction(s) to
			 a hearing officer.
(a) The appeal must be in
			 writing and must include the reason(s) why the incarcerated individual believes
			 the action taken was incorrect and specify the desired relief.
(b) The appeal must be delivered to the
			 hearing officer within five business days of receiving the notice.
(c) Failure to follow appeal procedures shall
			 be deemed a waiver of the appeal, however the hearing officer may consider
			 appeals filed beyond the five business day period.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-260 - Serious violations

Current through Register Vol. 24-14, July 15, 2024
See WAC
				137-25-030 for the list of
				serious violations.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 05-24-009 and 06-02-038,
				  §
										137-28-260, filed 11/28/05 and
				  12/28/05, effective 5/1/06. Statutory Authority:
				  RCW
				    72.01.090. 05-16-033, §
										137-28-260, filed 7/26/05,
				  effective 8/26/05. Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 04-07-163, §
										137-28-260, filed 3/23/04,
				  effective 4/23/04; 02-12-023, §
										137-28-260, filed 5/28/02,
				  effective 6/28/02. 01-22-094, §
										137-28-260, filed 11/6/01,
				  effective 12/6/01. Statutory Authority:
				  RCW
				    72.01.090. 00-10-079, §
										137-28-260, filed 5/2/00,
				  effective 6/2/00; 97-03-041, §
										137-28-260, filed 1/10/97,
				  effective 2/4/97. 95-15-044, §
										137-28-260, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-270 - Serious infraction procedure

Current through Register Vol. 24-14, July 15, 2024
(1) When a staff
			 member witnesses a serious violation or determines that a serious violation has
			 occurred, they shall prepare and submit an infraction report per department
			 policy. The staff member will attach to the report copies of any supporting
			 documents, including a summary of any confidential information, which shall not
			 identify the confidential source(s).
(2) The infraction review officer will review
			 the serious infraction report and any supporting documents and/or evidence. If
			 the report is incomplete or the charge(s) is inappropriate, the infraction
			 review officer will return the report to the reporting staff member to be
			 revised, rewritten, or reinvestigated. Otherwise, the infraction review officer
			 will forward the report to the hearing clerk or designee to schedule a hearing.
The infraction review officer may recommend referral to a
				mental health professional as defined in department policy for consultation if
				there is a question whether:
(a)
			 Mental illness contributed to the behavior that led to the violation;
			 or
(b) The incarcerated
			 individual's mental health status may need to be monitored.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-280

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090,
				  72.65.100, and
				  72.09.130. 09-01-195, §
										137-28-280, filed 12/24/08,
				  effective 1/24/09. 95-15-044, §
										137-28-280, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-285 - Incarcerated individual rights

Current through Register Vol. 24-14, July 15, 2024
(1) An incarcerated
			 individual charged with a violation(s) has the right to:
(a) A fair and impartial hearing;
(b) Written notice of the alleged
			 violation(s) and a summary of the supporting evidence at least 24 hours before
			 the hearing;
(i) The notice shall include a
			 statement of the rights listed in this section.
(ii) The incarcerated individual may waive
			 the 24 hour notice.
(c)
			 Be present at the hearing or waive presence at the hearing;
(d) Request a department advisor and/or an
			 interpreter to assist the incarcerated individual in preparing for and
			 participating in the hearing;
(e)
			 Testify or remain silent;
(f) Call
			 witnesses and present documentary evidence, though the hearing officer may
			 exclude witnesses/evidence deemed irrelevant, duplicative, or
			 unnecessary;
(g) Propose questions
			 for the hearing officer to ask witnesses, although the hearing officer may
			 exclude questions deemed irrelevant, duplicative, or unnecessary;
(h) Appeal the hearing officer's finding(s)
			 and/or sanction(s) imposed to the superintendent within 15 business days of the
			 hearing officer's decision.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-290 - Preparations for hearing

Current through Register Vol. 24-14, July 15, 2024
(1) When possible,
			 hearings will be held in the facility where the violation(s) occurred. If the
			 incarcerated individual is transferred to another facility before a hearing is
			 conducted, the sending facility will provide the infraction report, along with
			 any supporting documents, to the receiving facility.
(2) In preparation for the hearing, the
			 hearing clerk or designee shall, at least 24 hours before the hearing:
(a) Provide copies of the infraction report
			 and nonconfidential supporting documents, including a summary of the supporting
			 evidence, to the incarcerated individual;
(b) Advise the incarcerated individual in
			 writing of the date, time, and location of the hearing and of the rights,
			 restrictions, and responsibilities listed in this chapter;
(c) Obtain written acknowledgment of the
			 incarcerated individual's receipt of the infraction report and any supporting
			 documents;
(d) Determine whether
			 the incarcerated individual wishes to contest the allegation;
(e) Determine whether the incarcerated
			 individual needs a department advisor and/or an interpreter. If assigned, the
			 department advisor and/or interpreter will remain in place throughout the
			 hearing process, unless the incarcerated individual declines
			 assistance.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-295 - Department advisors

Current through Register Vol. 24-14, July 15, 2024
(1) A department
			 advisor may be appointed per department policy to help the incarcerated
			 individual prepare for and participate in the hearing. Before a department
			 advisor is assigned, the following factors will be considered:
(a) The incarcerated individual's
			 literacy;
(b) The complexity of the
			 issue(s);
(c) The incarcerated
			 individual's overall ability to speak for themselves and adequately present
			 their case;
(d) The individual's
			 mental status, as determined by a mental health professional or other employee
			 with mental health training or experience;
(e) The incarcerated individual's ability to
			 communicate in English; and/or
(f)
			 Any disability that might impair the individual's ability to adequately defend
			 themselves.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-300 - Conduct of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing
			 officer shall ensure that the incarcerated individual's rights are protected
			 throughout the hearing process. The hearing officer shall ensure that the
			 incarcerated individual is capable of understanding the charge(s) against them
			 and the nature of the proceedings, and they are able to adequately participate
			 in the hearing. If there is reason to doubt the incarcerated individual's
			 understanding or ability, the hearing officer may order a continuance of the
			 hearing in order to obtain additional information.
(2) The incarcerated individual shall be
			 present at all stages of the hearing, except during deliberations, examination
			 of any physical evidence and/or confidential information, and any inquiry the
			 hearing officer may make concerning the evidence/information presented,
			 including the source(s) of confidential information.
(a) If new evidence/information is introduced
			 outside the hearing, the incarcerated individual will have an opportunity to
			 rebut the evidence/information during the hearing.
(b) Unless excused, an incarcerated
			 individual's failure to attend a scheduled hearing will be considered a waiver
			 of their right to be present at the hearing.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-305 - Continuances

Current through Register Vol. 24-14, July 15, 2024
(1) At any time
			 during the disciplinary process, the hearing officer may continue the hearing:
(a) To determine the individual's mental
			 status or competency;
(b) To
			 appoint a department advisor;
(c) To
			 obtain an interpreter;
(d) To
			 obtain a witness(es) or witness statement(s);
(e) To correct errors;
(f) To obtain an alternate hearing
			 officer;
(g) To obtain crime lab
			 reports or other documentation;
(h)
			 If the witness(es) is temporarily unavailable;
(i) To determine restitution costs;
(j) If the incarcerated individual is
			 unavailable (e.g., on escape, court-ordered custody, in transit to a
			 nondepartment facility, etc.);
(k)
			 At the reasonable request of the incarcerated individual;
(l) If the facility is experiencing
			 altered/modified/emergency operational status.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-310 - Decision of hearing officer

Current through Register Vol. 24-14, July 15, 2024
(1) In reaching a
			 decision, the hearing officer will consider the totality of the circumstances,
			 the elements of the charged violation(s), all pertinent and exculpatory
			 evidence presented at the hearing.
(2) The hearing officer is authorized to find
			 an incarcerated individual guilty of a lesser WAC violation without issuing a
			 new infraction report or conducting a new hearing.
(3) Where the evidence suggests an
			 incarcerated individual is guilty of an offense not charged and which is not a
			 lesser offense to a charged offense, the hearing officer may recommend that new
			 charges be filed to address such offenses. The incarcerated individual may
			 waive the right to a separate hearing and allow the hearing officer to conduct
			 the hearing on the new charge.
(4)
			 The incarcerated individual shall be informed of the hearing officer's decision
			 in writing within three business days of the hearing, unless extended by the
			 superintendent.
(5) The
			 incarcerated individual shall be informed of their right to appeal the hearing
			 officer's decision to the superintendent.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.65.100, and
				  72.09.130. 06-21-054, §
										137-28-310, filed 10/13/06,
				  effective 11/13/06. Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 02-12-023, §
										137-28-310, filed 5/28/02,
				  effective 6/28/02. Statutory Authority:
				  RCW
				    72.01.090. 00-10-079, §
										137-28-310, filed 5/2/00,
				  effective 6/2/00. 95-15-044, §
										137-28-310, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-330

Current through Register Vol. 24-14, July 15, 2024
95-15-044, §
										137-28-330, filed 7/13/95,
				  effective 8/15/95.
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 137-28 - Discipline - Prisons › Section 137-28-340

Current through Register Vol. 24-14, July 15, 2024
95-15-044, §
										137-28-340, filed 7/13/95,
				  effective 8/15/95.
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 137-28 - Discipline - Prisons › Section 137-28-360 - Sanctions and mental status

Current through Register Vol. 24-14, July 15, 2024
In determining an appropriate sanction, the hearing officer
				should consider the incarcerated individual's mental health and their
				intellectual, emotional, and maturity levels and what effect a particular
				sanction might have on the incarcerated individual in light of such factors.
				The hearing officer may request the assistance of other department staff
				members, including mental health staff members, in determining appropriate
				and/or alternate sanctions.
95-15-044, §
										137-28-360, filed 7/13/95,
				  effective 8/15/95.
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 137-28 - Discipline - Prisons › Section 137-28-370 - Sanctions-Limitations

Current through Register Vol. 24-14, July 15, 2024
(1) No incarcerated
			 individual shall be infracted for violation of incarcerated individual conduct
			 rules unless they have been provided reasonable advance notice of the
			 prohibited behavior, unless the rule was adopted on an emergency
			 basis.
(2) Disciplinary sanctions
			 shall not include:
(a) Lowering the quantity
			 or nutritional value of food;
(b)
			 Corporal punishment or physical restraint;
(c) Confinement to an environment with
			 unhealthful temperatures;
(d)
			 Denial of adequate medical treatment.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-380 - Serious infraction appeals

Current through Register Vol. 24-14, July 15, 2024
(1) If the hearing
			 officer finds the incarcerated individual guilty of a serious violation, only
			 the incarcerated individual may appeal the decision and/or sanction(s) to the
			 superintendent.
(a) An appeal request cannot
			 be filed when the incarcerated individual has pled guilty to the
			 violation.
(b) The appeal request
			 must be in writing and must include the reason(s) why the incarcerated
			 individual believes the action taken was incorrect and specify the desired
			 relief.
(c) The appeal request must
			 be filed within 15 business days of receiving the notice.
(d) Failure to follow appeal procedures shall
			 be deemed a waiver of the appeal, however the superintendent may consider
			 appeals filed beyond the 15 business day period.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-390 - Hearing officer reports to the indeterminate sentence review board

Current through Register Vol. 24-14, July 15, 2024
(1) When the
			 hearing officer determines that an incarcerated individual subject to the
			 jurisdiction of the indeterminate sentence review board is guilty of a serious
			 violation, the hearing officer may recommend to the superintendent that they
			 not certify good conduct time credit for the incarcerated individual pursuant
			 to RCW
			   9.95.070.
The hearing officer's recommendation will be consistent with
				guidelines established by the department secretary. Any sanctions for loss of
				good conduct credits in excess of the guidelines require assistant secretary
				approval.
(2)
			 Recommendation to the indeterminate sentence review board for a disciplinary
			 hearing or reconsideration of minimum term should occur only with violations
			 providing for actual time loss of 12 months or more and consistent with
			 guidelines established by the department secretary.
(3) Whenever the hearing officer finds an
			 incarcerated individual under the jurisdiction of the indeterminate sentence
			 review board guilty of a serious violation and recommends either loss of good
			 conduct time credits or an increase in the incarcerated individual's minimum
			 term, the records office must inform the indeterminate sentence review board of
			 the hearing officer's decision and recommendation within 10 days, or within 10
			 days of the superintendent's decision if an appeal is granted. This report
			 shall include a copy of the summary of the hearing prepared by the hearing
			 officer. If the incarcerated individual is within 45 days of an apparent
			 release date, the indeterminate sentence review board shall be notified
			 promptly with written notification to follow.
(4) In all other cases where an incarcerated
			 individual under the jurisdiction of the indeterminate sentence review board is
			 found guilty of a serious violation, the records office must inform the
			 indeterminate sentence review board of the hearing officer's decision within 30
			 days, or within 30 days of the superintendent's decision if an appeal is
			 granted. This report shall include a copy of the summary of the hearing
			 prepared by the hearing officer. If the incarcerated individual is within 45
			 days of an apparent release date, the indeterminate sentence review board shall
			 be notified promptly with written notification to follow.
95-15-044, §
										137-28-390, filed 7/13/95,
				  effective 8/15/95.
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 137-28 - Discipline - Prisons › Section 137-28-400 - Time limitations

Current through Register Vol. 24-14, July 15, 2024
The time limitations expressed in these regulations are not
				jurisdictional and failure to adhere to any particular time limit shall not be
				grounds for reversal or dismissal of a disciplinary
				proceeding.
95-15-044, §
										137-28-400, filed 7/13/95,
				  effective 8/15/95.
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 137-28 - Discipline - Prisons › Section 137-28-410 - Restitution

Current through Register Vol. 24-14, July 15, 2024
(1) If the hearing
			 officer imposes restitution as a sanction, the amount of restitution owed shall
			 be determined at the infraction hearing. However, the hearing officer may
			 continue the hearing in order to secure additional evidence regarding
			 restitution. If continued, the incarcerated individual shall be present at the
			 continued/reconvened hearing.
(2)
			 The amount of restitution will be the replacement value of the item, the cost
			 of repair, and/or the cost of any expense caused by the incarcerated
			 individual's misconduct.
(3) The
			 incarcerated individual may appeal the amount of restitution within the time
			 limits of this chapter. If under appeal, the amount of the restitution will be
			 held in the incarcerated individual's account, but funds will not be
			 withdrawn/withheld until the superintendent has decided the appeal.
(4) Restitution funds may be collected in the
			 following ways:
(a) The funds may be withdrawn
			 from the incarcerated individual's account to make restitution, provided the
			 incarcerated individual's account is not reduced to less than $10; or
(b) Twenty percent of all funds being placed
			 in the incarcerated individual's account may be taken until the restitution is
			 paid in full.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-420

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090,
				  72.65.100, and
				  72.09.130. 06-21-054, §
										137-28-420, filed 10/13/06,
				  effective 11/13/06. Statutory Authority:
				  RCW
				    72.01.090. 00-10-079, §
										137-28-420, filed 5/2/00,
				  effective 6/2/00. 95-15-044, §
										137-28-420, filed 7/13/95,
				  effective 8/15/95.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-430

Current through Register Vol. 24-14, July 15, 2024
95-15-044, §
										137-28-430, filed 7/13/95,
				  effective 8/15/95.
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 137-30 - Earned release time › Section 137-30-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The rules in this chapter provide a standardized system to
				award earned release time to offenders committed to department
				facilities.
Statutory Authority:
				  RCW
				  72.09.130,
				  72.01.090, and
				  9.95.070. 11-11-018, §
										137-30-010, filed 5/9/11,
				  effective 6/9/11.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-30 - Earned release time › Section 137-30-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
				chapter.
CCS
means community corrections supervisor.
Community custody
means an offender's supervision
				status in the community under the authority of the department where the
				department has the legal responsibility for adjudicating violations.
CRS
means correctional records supervisor.
Earned release time (ERT)
means the combined
				earned time and good conduct time credit an offender is eligible to earn off
				the minimum term established by the indeterminate sentence review board or the
				sentencing court.
Earned time
means that portion of time an offender
				is eligible to earn for program participation approved by the classification
				process and consistent with his/her case management plan.
Good conduct time
means that portion of an
				inmate's potential reduction to minimum term which is authorized by
				RCW
				  9.95.070 and
				72.09.130 and which may be lost by
				receiving serious infractions.
ISRB
means the indeterminate sentence review
				board.
Statutory Authority:
				  RCW
				  72.09.130,
				  72.01.090, and
				  9.95.070. 11-11-018, §
										137-30-020, filed 5/9/11,
				  effective 6/9/11.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-30 - Earned release time › Section 137-30-030 - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1)
ERT.
(a) Incarcerated
			 individuals convicted of a serious violent offense or a class A felony sex
			 offense may earn ERT as follows:
(i) Offense
			 committed after June 30, 1990, and before July 1, 2003 - May not exceed fifteen
			 percent of their sentence; and
(ii)
			 Offense committed after June 30, 2003 - May not exceed ten percent of their
			 sentence.