reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-100 - Occupational exposure to human immunodeficiency virus (HIV) › Section 137-100-002 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to insure coordination of
				the provisions of SHB 1605, RCW   70.24.105,
				70.24.340,
				70.24.370 and
				chapter
				72.09 RCW by the
				department of corrections and the department of health.
Statutory Authority:
				  RCW
				  70.24.107. 98-15-084, §
										137-100-002, filed 7/16/98,
				  effective 8/16/98.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-100 - Occupational exposure to human immunodeficiency virus (HIV) › Section 137-100-011 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply in interpreting this
				chapter:
(1) Correctional staff member
			 means a department of corrections employee, an individual providing services
			 under contract to the department, and volunteers.
(2) Department means the department of
			 corrections.
Statutory Authority:
				  RCW
				  70.24.107. 98-15-084, §
										137-100-011, filed 7/16/98,
				  effective 8/16/98.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-100 - Occupational exposure to human immunodeficiency virus (HIV) › Section 137-100-021 - Medical records available

Current through Register Vol. 24-14, July 15, 2024
The department will make available an offenders sexually
				transmitted disease status to any correctional staff member who has experienced
				a substantial exposure by that offender. Should such records be
				nondiscloseable, the department shall advise the correctional staff member of
				the process to receive that information. This process shall be facilitated by
				the health care manager or infection control coordinator.
Statutory Authority:
				  RCW
				  70.24.107. 98-15-084, §
										137-100-021, filed 7/16/98,
				  effective 8/16/98.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-100 - Occupational exposure to human immunodeficiency virus (HIV) › Section 137-100-031 - Request for records - by correctional staff members

Current through Register Vol. 24-14, July 15, 2024
A request for test results shall be made in writing. At a
				minimum, the request shall include:
(1) Name of the person requesting the
			 record;
(2) Nature of the exposure,
			 including date and time;
(3) Name
			 of the offender; and
(4) DOC number
			 of the offender, if known.
The request shall be accompanied by a copy of the report of
				personal injury (form DOC 3-133) and a post-exposure incident report (DOC form
				3-184) outlining the circumstances and results of the exposure
				incident.
Statutory Authority:
				  RCW
				  70.24.107. 98-15-084, §
										137-100-031, filed 7/16/98,
				  effective 8/16/98.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-104 - Community custody violation hearings › Section 137-104-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to specify policies and
				procedures pertaining to the department of corrections' community custody
				administrative hearings and violation responses. The following regulations set
				forth procedural guidelines. They do not create procedural or substantive
				rights in any person and should not be interpreted or applied in such a manner
				as to abridge rights already guaranteed by the United States Constitution. The
				regulations should be interpreted as having sufficient flexibility to be
				consistent with law and permit the department to accomplish its statutory
				purposes.
01-04-044, §
										137-104-010, filed 2/1/01,
				  effective 3/1/01.
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 137-104 - Community custody violation hearings › Section 137-104-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following words have the
				following meanings:
(1) "Aggravating
			 factors" are circumstances that elevate a low level violation to a high level
			 violation as defined by department policy.
(2) "Appeals panel" means three reviewing
			 staff designated by the secretary with the authority to review offender appeals
			 of department findings and imposed sanctions.
(3) "Business day" means Monday through
			 Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by
			 the state of Washington.
(4)
			 "Community corrections officer" means community corrections officer as defined
			 by
			 RCW
			   9.94A.030.
(5) "Community custody" means community
			 custody as defined by
			 RCW
			   9.94A.030.
(6) "Department" means the department of
			 corrections.
(7) "Ex parte
			 communication" means any predisposition communication between the hearing
			 officer and a party or other individual on behalf of that party regarding the
			 department hearing and the merits of the matter without notice and opportunity
			 for all parties to participate.
(8)
			 "Hearing officer" means an employee of the department authorized to conduct
			 department hearings.
(9) "Hearings
			 administrator" means the administrator of the hearings unit of the
			 department.
(10) "Mitigating
			 factors" are circumstances that may warrant a reduced violation
			 response.
(11) "Offender" means any
			 person in the custody of or subject to the jurisdiction of the
			 department.
(12) "Partial
			 confinement" means partial confinement as defined by
			 RCW
			   9.94A.030.
(13) "Total confinement" means total
			 confinement as defined by
			 RCW
			   9.94A.030.
(14) "Violation" means willful noncompliance
			 with a court-ordered or department-imposed condition, requirement or
			 instruction. High-level and low-level violations are defined per department
			 policy.
(15) "Violation process"
			 means the process by which the court or the department addresses one or more
			 alleged violations.
07-08-082, §
										137-104-020, filed 4/2/07,
				  effective 5/3/07. 03-16-072, §
										137-104-020, filed 8/4/03,
				  effective 9/4/03. 01-04-044, §
										137-104-020, filed 2/1/01,
				  effective 3/1/01.
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 137-104 - Community custody violation hearings › Section 137-104-021 - General requirements

Current through Register Vol. 24-14, July 15, 2024
(1) When
			 addressing the violation the department will ensure that:
(a) The department has jurisdiction to
			 sanction the offender;
(b) The
			 alleged violation was willful; and
(c) The offender is provided the opportunity
			 to respond to the alleged violation.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-104 - Community custody violation hearings › Section 137-104-025 - Community custody sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 state and its officers, agents, and employees may not be held criminally or
			 civilly liable for violation response decisions made in accordance with law per
			 RCW
			   9.94A.737.
(2) The sanction the department imposes shall
			 be determined by the offender's violation behavior and prior violation
			 processes and shall be reasonably related to the crime of conviction, the
			 violation committed, the offender's risk of reoffending, or the safety of the
			 community. The department's response to violation behavior will be defined by
			 department policy.
(3) A community
			 custody offender who violates any court-ordered or department-imposed
			 condition, requirement, or instruction will be sanctioned by the department as
			 provided in
			 RCW
			   9.94A.737,
			 9.94A.633,
			 9.94A.660,
			 9.94A.-662, and 9.94A.6332.
(a) The sanction
			 for an offender who commits a low level violation may be a nonconfinement
			 sanction, or a total or partial confinement sanction of not more than three
			 days.
(b) The sanction for an
			 offender who commits a high level violation may be a nonconfinement sanction,
			 or a total or partial confinement sanction of not more than thirty days, unless
			 subject to return under
			 RCW
			   9.94A.633 or revocation of an alternative
			 sentence under
			 RCW
			   9.94A.660 and 9.94A.-662. The department will
			 credit an offender's sanction time served pending the hearing or negotiated
			 sanction review.
(i) The offender may be out
			 of custody or held in total or partial confinement pending a formal hearing or
			 negotiated sanction review.
(ii)
			 The offender may be held in total or partial confinement to serve an imposed
			 sanction for a high level violation as determined by department
			 policy.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-104 - Community custody violation hearings › Section 137-104-030 - Hearing officers

Current through Register Vol. 24-14, July 15, 2024
(1) Hearing
			 officers will report to and be supervised by the hearings administrator, and
			 will report through a chain of command separate from that of community
			 corrections or prisons divisions.
(2) Hearing officers may not hear a case in
			 which they have direct personal involvement in the incident under consideration
			 and must formally disqualify themselves by notifying the hearings
			 administrator/designee. The hearings administrator/designee will select a
			 replacement hearing officer.
(3)
			 Hearing officers shall disqualify themselves if they believe that they cannot
			 render a fair judgment in the hearing. The hearings administrator/designee may
			 change the hearing officer assigned to hear a case upon a request from an
			 offender and a showing of good cause.
07-08-082, §
										137-104-030, filed 4/2/07,
				  effective 5/3/07. 01-04-044, §
										137-104-030, filed 2/1/01,
				  effective 3/1/01.
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 137-104 - Community custody violation hearings › Section 137-104-040 - Notice

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 shall notify each offender on community custody of all court and department
			 imposed conditions, requirements, and instructions and of the department's
			 response to violation behavior.
(2)
			 An offender alleged to have committed a low level violation will be provided
			 notice of the alleged violation at the time the department's violation response
			 is initiated and the offender will be provided an opportunity to
			 respond.
(3) An offender alleged to
			 have committed a high level violation has the right to a hearing prior to
			 imposition of any sanction. The offender will receive notice of a pending
			 hearing as follows:
(a) Written notice will
			 be served upon the offender not less than twenty-four hours prior to the
			 hearing. The offender may waive the right to such notice.
(b) Written notice to the offender will
			 include, but is not limited to:
(i) The
			 offender's rights, including rights specified in WAC
			 137-104-060 and
			 the offender's right to file a personal restraint petition under court rules
			 after the final decision of the department;
(ii) A copy of the judgment and sentence and
			 the imposed conditions;
(iii) The
			 alleged violation; and
(iv) The
			 supporting evidence relating to the violations that will be introduced and
			 relied upon by the department at the hearing.
(c) The alleged violations may be amended and
			 new allegations added at any time prior to the hearing, provided the offender
			 receives written notice of such new or amended allegations and all other
			 supporting evidence at least twenty-four hours prior to the hearing. The
			 offender may waive the right to such notice.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-104 - Community custody violation hearings › Section 137-104-050 - Hearing procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing
			 shall be conducted by a hearing officer in the department's hearing unit, and
			 shall be considered as an offender disciplinary proceeding and shall not be
			 subject to chapter 34.05 RCW, the Administrative Procedure Act.
(2) Hearings for community custody offenders,
			 who are being held in total confinement prior to a hearing, shall be conducted
			 within five working days, but not less than twenty-four hours, after service of
			 the notice of allegations, hearing and rights, and waiver form.
(3) The hearing officer will:
(a) Administer oaths and
			 affirmations;
(b) Ensure the
			 hearing is electronically recorded;
(c) Prohibit and disclose ex parte
			 communications;
(d) Verify the
			 offender has received proper notice;
(e) Verify jurisdiction and
			 foundation;
(f) Weigh the
			 credibility of witnesses;
(g)
			 Receive relevant evidence including hearsay evidence;
(h) Render or defer a decision;
(i) Specify on the record the basis for the
			 findings and decisions;
(j) Provide
			 a written hearing and decision summary to the parties; and
(k) Take any other actions necessary as
			 authorized by the department policy, these rules, and applicable
			 laws.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-104 - Community custody violation hearings › Section 137-104-051 - Negotiated sanction review

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 offender alleged to have committed a high level violation may waive the hearing
			 and recommend a sanction that is negotiated with the department.
(2) The negotiated sanction shall be reviewed
			 by a hearing officer in the department's hearing unit. A negotiated sanction
			 review shall be considered an offender disciplinary proceeding and shall not be
			 subject to chapter 34.05 RCW, the Administrative Procedure Act.
(3) The hearing officer will determine
			 whether:
(a) The offender knowingly and
			 voluntarily admits guilt to all allegations;
(b) The offender knowingly and voluntarily
			 waives his or her right to a hearing and appeal; and
(c) The recommended sanction is reasonable
			 and within the parameters of department policy.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-104 - Community custody violation hearings › Section 137-104-070 - Determination of competency

Current through Register Vol. 24-14, July 15, 2024
01-04-044, §
										137-104-070, filed 2/1/01,
				  effective 3/1/01.
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 137-104 - Community custody violation hearings › Section 137-104-080 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The offender
			 may, within seven calendar days, appeal the findings and imposed sanctions to
			 an appeals panel. The offender's appeal must be submitted in writing.
(2) The appeals panel shall affirm, reverse,
			 modify, vacate, or remand the decision based on its findings.
(3) If a majority of the panel finds that the
			 sanction was not reasonable, relative to the crime of conviction, the violation
			 committed, the offender's risk of reoffending, or the safety of the community,
			 then the appeals panel shall reverse, vacate, remand or modify the
			 decision.
(4) The appeals panel
			 will also examine evidence presented at the hearing. If a majority of the panel
			 finds that any finding of a violation was based solely on allegations that were
			 not, or could not be confirmed, then the appeals panel shall reverse, vacate,
			 remand or modify the decision.
01-04-044, §
										137-104-080, filed 2/1/01,
				  effective 3/1/01.
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 137-150 - Access to mental health records › Section 137-150-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of these rules is to set forth the department's
				responsibilities with regard to mental health information released in
				accordance with WAC
				388-865-0610 et. seq. [Statutory
				Authority RCW   71.34.225 and
				71.05.445]
01-17-004, §
										137-150-010, filed 8/1/01,
				  effective 9/1/01.
Reviser's note:
The brackets and enclosed
				  material in the text of the above section occurred in the copy filed by the
				  agency.
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 137-150 - Access to mental health records › Section 137-150-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Agency" means
			 the department of corrections.
(2)
			 "DOC" or "Department" means the department of corrections.
01-17-004, §
										137-150-020, filed 8/1/01,
				  effective 9/1/01.
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 137-150 - Access to mental health records › Section 137-150-030 - Notification

Current through Register Vol. 24-14, July 15, 2024
The department shall notify individuals under its jurisdiction
				of the provisions of RCW   71.34.225 and
				71.05.445 in the following
				manner:
(1) Individuals entering the
			 DOC system on or after the effective date of this rule, will receive written
			 notification of the right of the department to access mental health records
			 upon intake into the DOC system.
(2) Individuals under the jurisdiction of the
			 department in a prison setting on the effective date of this rule will receive
			 notification of the right of the department to access mental health records via
			 a posting on the facility bulletin board consistent with written agency policy
			 and procedures.
(3) All other
			 individuals currently under active supervision of the department on the
			 effective date of this rule will receive written notification of the
			 department's right to access their mental health records in the form of a
			 mailing to their address.
01-17-004, §
										137-150-030, filed 8/1/01,
				  effective 9/1/01.
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 137-150 - Access to mental health records › Section 137-150-040 - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
The information received by the department shall remain
				confidential and subject to the limitations on disclosure outlined in
				chapter
				71.05 RCW and
				chapter
				71.34 RCW except:
(1) The department may release the
			 information to the indeterminate sentence review board as relevant to carry out
			 its responsibility of planning and ensuring community protection with respect
			 to persons under its jurisdiction.
(2) The department may use the information to
			 meet its statutory duties to provide evidence or report to the court.
(3) The department may release the
			 information to other state and local agencies as relevant to plan for and
			 provide offenders transition, treatment, and supervision services, or as
			 relevant and necessary to protect the public and counteract the danger created
			 by a particular offender, and in a manner consistent with written agency
			 policy.
(4) The department may
			 release the information to individuals only with respect to offenders who have
			 been determined by the department to have a high risk of reoffending by a risk
			 assessment, as defined in
			 RCW
			   9.94A.030, only as relevant and necessary for
			 those individuals to take reasonable steps for the purpose of self-protection,
			 or as provided in
			 RCW
			   72.09.370(2).
01-17-004, §
										137-150-040, filed 8/1/01,
				  effective 9/1/01.
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 138 - Corrections Ombuds, Office of the › Chapter 138-10 - Office of the corrections ombuds › Section 138-10-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				unless the context clearly requires otherwise.
(1) "Abuse" means any act or failure to act
			 by a department employee, subcontractor, or volunteer which was performed, or
			 which was failed to be performed, knowingly, recklessly, or intentionally, and
			 which caused, or may have caused, injury or death to an incarcerated
			 individual.
(2) "Corrections
			 ombuds" or "ombuds" means the corrections ombuds, staff of the corrections
			 ombuds, and volunteers with the office of the corrections ombuds.
(3) "Complaint" means communication relayed
			 to the ombuds through the ombuds' online complaint form or through use of the
			 ombuds' review request form.
(4)
			 "Department" means the department of corrections.
(5) "Incarcerated individual" means a person
			 committed to the physical custody of the department, including persons residing
			 in a correctional institution or facility and persons received from another
			 state, another state agency, a county, or the federal government.
(6) "Neglect" means a negligent act or
			 omission by any department employee, subcontractor, or volunteer which caused,
			 or may have caused, injury or death to an incarcerated individual.
(7) "Office" means the office of the
			 corrections ombuds.
(8) "Secretary"
			 means the secretary of the department of corrections.
(9) "Statewide family council" means the
			 family council maintained by the department that is comprised of
			 representatives from local family councils.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-10 - Office of the corrections ombuds › Section 138-10-030 - Duties

Current through Register Vol. 24-14, July 15, 2024
Office of the corrections ombuds shall:
(1) Establish priorities for use of the
			 limited resources available to the ombuds;
(2) Maintain a statewide toll-free telephone
			 number, a collect telephone number, a website, and a mailing address for the
			 receipt of complaints and inquiries;
(3) Provide information, as appropriate, to
			 incarcerated individuals, family members, representatives of incarcerated
			 individuals, department employees, and others regarding the rights of
			 incarcerated individuals;
(4)
			 Provide technical assistance to support incarcerated individual participation
			 in self-advocacy;
(5) Monitor
			 department compliance with applicable federal, state, and local laws, rules,
			 regulations, and policies as related to the health, safety, welfare, and
			 rehabilitation of incarcerated individuals;
(6) Monitor and participate in legislative
			 and policy developments affecting correctional facilities;
(7) Establish a statewide uniform reporting
			 system to collect and analyze data related to complaints received by the ombuds
			 regarding the department;
(8)
			 Establish procedures to receive, investigate, and resolve complaints;
(9) Establish procedures to gather
			 stakeholder input into the ombuds' activities and priorities, which must
			 include, at a minimum, quarterly public meetings;
(10) Submit annually to the governor's
			 office, the legislature, and the statewide family council, by November 1st of
			 each year, a report that includes, at a minimum, the following information:
(a) The budget and expenditures of the
			 ombuds;
(b) The number of
			 complaints received and resolved by the ombuds;
(c) A description of significant systemic or
			 individual investigations or outcomes achieved by the ombuds during the prior
			 year;
(d) Any outstanding or
			 unresolved concerns or recommendations of the ombuds; and
(e) Input and comments from stakeholders,
			 including the statewide family council, regarding the ombuds' activities during
			 the prior year.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-10 - Office of the corrections ombuds › Section 138-10-040 - Investigations

Current through Register Vol. 24-14, July 15, 2024
(1) The ombuds may initiate and attempt to
			 resolve an investigation upon his or her own initiative, or upon receipt of a
			 complaint from an incarcerated individual, a family member, a representative of
			 an incarcerated individual, a department employee, or others, regarding any of
			 the following that may adversely affect the health, safety, welfare, and rights
			 of incarcerated individuals:
(a) Abuse or
			 neglect;
(b) Department decisions
			 or administrative actions;
(c)
			 Inactions or omissions;
(d)
			 Policies, rules, or procedures; or
(e) Alleged violations of law by the
			 department that may adversely affect the health, safety, welfare, and rights of
			 incarcerated individuals.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-10 - Office of the corrections ombuds › Section 138-10-050 - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
(1) Ombuds' investigative records are
			 confidential and exempt from disclosure under the Public Records Act, chapter
			 42.56 RCW, and RCW    43.06C.060, except so far as disclosures may be necessary to
			 enable the office to perform its duties and to support recommendations
			 resulting from an investigation.
(2) The ombuds shall treat all correspondence
			 and communication as confidential and protect it in the same manner as legal
			 correspondence or communication pursuant to the Public Records Act, chapter
			 42.56 RCW, and RCW  43.06C.-060(1).
(3) All records exchanged and communications
			 between the ombuds and the department to include the investigative record are
			 confidential and are exempt from public disclosure under chapter 42.56 RCW and
			 RCW    43.06C.060(3).
(4) Confidential
			 records received by the ombuds shall be maintained as provided for under the
			 law.
(5) To the extent the ombuds
			 reasonably believes necessary, the ombuds:
(a)
			 Must reveal information obtained in the course of providing ombuds services to
			 prevent reasonably certain death or substantial bodily harm; and
(b) May reveal information obtained in the
			 course of providing ombuds services to prevent the commission of a
			 crime.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The office
			 of the corrections ombuds serves the purpose of providing information to
			 incarcerated individuals and their families; promoting public awareness and
			 understanding of the rights and responsibilities of incarcerated individuals;
			 identifying system issues and responses for the governor and the legislature to
			 act upon; and ensuring compliance with relevant statutes, rules, and policies
			 pertaining to corrections facilities, services, and treatment of incarcerated
			 individuals under the jurisdiction of the department. The administrative office
			 of the corrections ombuds and its staff are located at 2700 Evergreen Parkway
			 N.W., Olympia, Washington 98505.
(2) The purpose of these rules is to
			 establish the procedures the ombuds will follow in order to provide full access
			 to public records. These rules provide information to persons wishing to
			 request access to public records of the ombuds office and establish processes
			 for both requestors and ombuds office staff that are designed to best assist
			 members of the public in obtaining such access.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-020 - Contact information-Public records officer

Current through Register Vol. 24-14, July 15, 2024
The public records officer for the ombuds shall be responsible
				for responses to requests for public records. Any person wishing to request
				access to public records of the corrections ombuds office, or seeking
				assistance in making such a request should contact the public records officer
				of the ombuds office:
Public Records Officer
Corrections Ombuds Office
2700 Evergreen Parkway N.W.
Olympia, WA 98505
email: OCOPDR@gov.wa.gov
Information and public records are also available at the ombuds
				office website at
https://oco.wa.gov/
.
				Requestors are encouraged to view the information and records available on the
				website prior to contacting the records officer.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-030 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Hours
			 for inspection of records.
Public records are available for inspection
			 and copying by appointment during normal business hours of the ombuds office,
			 Monday through Friday, 9:00 a.m. to 4:00 p.m., excluding legal holidays.
			 Original records must be inspected at the ombuds office. A requestor shall not
			 take ombuds office records from ombuds offices without the permission of the
			 public records officer or designee.
(2)
Records index and records available
			 online.
An index of public records is available for use by members of
			 the public. The index may be accessed online at
https://oco.wa.gov/
. A variety of
			 records is also available on the ombuds office website.
(3)
Making a request for public
			 records.
(a) Any person wishing to
			 inspect or obtain copies of public records of the ombuds office should make the
			 request in writing by letter or email addressed to the public records officer.
			 Records requests should include the following information:
*Name of requestor;
*Address of requestor;
*Other contact information, including telephone number and
				email address;
*Identification of the public records adequate for the public
				records officer or designee to locate the records; and
*The date and time of day of the request.
(b) If the requestor wishes to retain
			 photocopies or electronic versions of nonelectronic records instead of simply
			 inspecting them, he or she should so indicate and make arrangements to pay for
			 copies of the records. A deposit may be required prior to the office's
			 collection of the records requested. Pursuant to WAC XXX.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-040 - Processing of public records requests-General

Current through Register Vol. 24-14, July 15, 2024
(1)
Order of response.
The public records officer or designee will
			 process requests in the order allowing the most requests to be processed in the
			 most efficient manner.
(2)
Acknowledging receipt of request.
Within five business days of
			 receipt of the request, the public records officer will do one or more of the
			 following:
(a) Make the records available for
			 inspection or copying; or
(b) If
			 copies or scanned records are requested and terms of payment are met, send the
			 copies to the requestor;
(c)
			 Provide a reasonable estimate of when records will be available; or
(d) If the request is unclear or does not
			 sufficiently identify the requested records, request clarification from the
			 requestor. Such clarification may be requested and provided by telephone. The
			 public records officer or designee may revise the estimate of when records will
			 be available; or
(e) Deny the
			 request.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-050 - Processing of public records requests-Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting electronic
			 records.
The process for requesting electronic public records is the
			 same as for requesting paper public records.
(2)
Providing electronic
			 records.
When a requestor requests records in an electronic format, the
			 public records officer will provide the nonexempt records or portions of such
			 records that are reasonably locatable in an electronic format that is used by
			 the agency and is generally commercially available, or in a format that is
			 reasonably translatable from the format in which the agency keeps the
			 record.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-060 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public Records Act provides that a
			 number of types of records are exempt from public inspection and copying. In
			 addition, records are exempt from disclosure if any "other statute" exempts or
			 prohibits disclosure. Requestors should be aware of the following exemptions,
			 outside the Public Records Act, that restrict the availability of some records
			 held by ombuds office for inspection and copying: RCW    43.06C.060, corrections
			 ombuds confidentiality provisions.
(2) The ombuds office is prohibited by
			 statute from disclosing lists of individuals for commercial purposes.
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-070 - Costs of providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Copying fees - Payments.
The
			 following copy fees and payment procedures apply to requests to the office
			 under chapter 42.56 RCW and received on or after July 23, 2017.
(2) Pursuant to RCW    42.56.120(2)(b), the
			 office is not calculating all actual costs for copying records because to do so
			 would be unduly burdensome for the following reasons:
(a) The office does not have the resources to
			 conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
			 with other essential agency functions; and
(c) Through the 2017 legislative process, the
			 public and requestors have commented on and been informed of authorized fees
			 and costs, including for electronic records, provided in RCW    42.56.120(2)(b)
			 and (c), (3), and (4).
Washington Administrative Code › Title 138 - Corrections Ombuds, Office of the › Chapter 138-12 - Public Records Access › Section 138-12-080 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal administrative review of denial of access.
Any person who objects to the initial denial or partial denial of a records
			 request may petition in writing (including email) to the public records officer
			 for a review of that decision. The petition shall include a copy of or
			 reasonably identify the written statement by the public records officer or
			 designee denying the request.
(2)
Consideration of petition for review.
The public records officer
			 shall promptly provide the petition and any other relevant information to the
			 director of the ombuds office. The petition will be affirmed or reversed within
			 five business days following the ombuds office receipt of the petition, or
			 within such other time as the ombuds office and the requestor mutually
			 agree.
(3)
Review by the
			 attorney general's office.
Pursuant to RCW    42.56.530, if the ombuds
			 office denies a requestor access to public records because it claims the record
			 is exempt in whole or in part from disclosure, the requestor may request the
			 attorney general's office to review the matter. The attorney general has
			 adopted rules on such requests in WAC 44-06-160.
(4)
Judicial review.
Any person
			 may obtain court review of denials of public records requests pursuant to RCW
			    42.56.550 at the conclusion of two business days after the initial denial
			 regardless of any internal administrative appeal.
Washington Administrative Code › Title 139 - Criminal Justice Training Commission › Chapter 139-01 - General administration and definitions › Section 139-01-100 - Description of central and field organization

Current through Register Vol. 24-14, July 15, 2024
The commission consists of the executive director, staff, and
				21 commissioners. The executive director will approve recommendations for
				training consistent with adopted goals and standards. The executive director
				will approve recommendations and other matters of the commission that require
				staff involvement to implement and will direct such assignments to appropriate
				personnel. The commissioners will review other recommendations for approval or
				rejection. The commissioners determine agency policy and the director and staff
				implement the policy established by the commissioners. The commissioners
				approve agency policies that establish or change the direction of the
				commission. The commissioners empower the executive director to make decisions
				regarding all internal functions related to the operation of the commission.
				This includes, but is not limited to, management of personnel decisions, budget
				and finance, development and implementation of internal operational and
				organizational policies and procedures. The executive director will develop a
				strategic plan for the future of the agency with input and final approval from
				the commissioners.
The business office of the commission is located at 3060
				Willamette Drive N.E., Lacey, Washington 98516. The mailing address is Post
				Office Box 40905, Olympia, Washington 98504. It is maintained by the
				commission's executive director and staff from 8:00 a.m. to 5:00 p.m., Monday
				through Friday, excluding holidays and the days the commission is closed, and
				serves as a central repository for the commission's records of administration
				and operation.
The Criminal Justice Training Center, 19010 1st Avenue, Burien,
				Washington 98148, serves as the commission's primary training site. Other
				training is conducted locally, regionally, or at centralized locations
				statewide, as determined by staff.
Statutory Authority:
				  RCW
				  43.101.080. 04-07-146, §
										139-01-100, filed 3/23/04,
				  effective 4/23/04; 00-17-017, §
										139-01-100, filed 8/4/00,
				  effective 9/4/00. Statutory Authority:
				  RCW
				  43.101.080(2). 86-19-021
				  (Order 1-B), §
										139-01-100, filed
				  9/10/86.
Washington Administrative Code › Title 139 - Criminal Justice Training Commission › Chapter 139-01 - General administration and definitions › Section 139-01-210 - Operating policy of Washington state criminal justice training commission

Current through Register Vol. 24-14, July 15, 2024
(1) The Washington
			 state criminal justice training commission shall approve annual training
			 schedules and budgets and may adopt standards and/or goals for criminal justice
			 personnel and disciplines within its purview.
(2) The executive director of the commission
			 may approve training programs or activity not included within an approved
			 annual training schedule if he/she determines that sufficient resources exist
			 and such program or activity is consistent and identifiable with an adopted
			 standard or goal of the commission.
Statutory Authority:
				  RCW
				  43.101.080(2). 86-19-021
				  (Order 1-B), §
										139-01-210, filed
				  9/10/86.
Washington Administrative Code › Title 139 - Criminal Justice Training Commission › Chapter 139-01 - General administration and definitions › Section 139-01-310 - Definitions for Title 139 WAC

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to Title 139 WAC, unless
				otherwise defined in a specific chapter or subchapter of this title.
(1)
Affiliation
means advocating
			 for or providing material support or resources to extremist organizations by:
(a) Knowingly or publicly displaying,
			 posting, or wearing associated items, symbols, costumes, insignias, slogans,
			 tattoos, or body modifications on public property, private property, online, or
			 digitally;
(b) Making public
			 statements in support of an extremist group's activities including, but not
			 limited to, online statements;
(c)
			 Fund-raising for, or making personal contributions through donations, services,
			 or payments of any kind to a group or organization that engages in extremist
			 activities;
(d) Organizing or
			 participating in the activities of an extremist organization;
(e) Recruiting or training others to engage
			 in extremist activities;
(f)
			 Recruiting or training others on behalf of an extremist organization;
(g) Creating, organizing, or taking a
			 leadership role in a group or organization that engages in or advocates for
			 extremist activities; or
(h)
			 Actively demonstrating or rallying in support of extremist
			 activities.
Washington Administrative Code › Title 139 - Criminal Justice Training Commission › Chapter 139-01 - General administration and definitions › FACILITY › Section 139-01-400 - Facility use

Current through Register Vol. 24-14, July 15, 2024
(1) The commission
				will not make its facilities or services available to individuals or
				organizations which do not assure that they will comply with the terms of the
				Americans with Disabilities Act, the Rehabilitation Act of 1973, and the
				Washington law against discrimination. Uses must not impose restrictions or
				alter facilities in a manner which would violate these laws.
(2) The commission will only make its
				facilities or services available to individuals or organizations which assure
				that they do not discriminate against any person because of race, color,
				religion, national origin, sex, sexual orientation, age, handicap, or status as
				a Vietnam era or disabled veteran, except where such organizations have been
				exempted from provisions of applicable state or federal laws or
				regulations.
(3) The buildings and
				grounds of the commission are primarily for training purposes. No other use
				shall be permitted to interfere with the primary purpose for which these
				facilities are intended. Facilities shall not be made available for any use
				which might result in any undue damage or wear. The commission reserves the
				right to reject any application for use of its facilities.
(4) Every possible opportunity will be
				provided for the use of the commission facilities by citizens of the area,
				provided that the purpose of such use is in compliance with the rules and
				regulations of the commission and is subject to the laws of the state of
				Washington.
(5) The commission
				reserves the right to prohibit the use of its facilities by groups, or
				activities, which are secret, which are of a private nature, or which restrict
				membership or attendance in a manner inconsistent with the public and
				nondiscriminatory character of the commission. Subversive organizations as
				defined and listed by the Attorney General of the United States shall not be
				eligible to use the commission facilities.
(6) The use or possession of alcohol on the
				facility premises is prohibited except for approved training
				purposes.
Statutory Authority:
					 RCW
					 43.101.080. 02-02-004, §
											139-01-400, filed 12/20/01,
					 effective 1/20/02.
Washington Administrative Code › Title 139 - Criminal Justice Training Commission › Chapter 139-01 - General administration and definitions › FACILITY › Section 139-01-405 - Licensee's responsibility

Current through Register Vol. 24-14, July 15, 2024
Individuals or organizations wishing to use commission
				  facilities must complete a facility use agreement and submit it to the
				  facilities maintenance office, or facility manager for approval. The licensee
				  shall accept responsibility for any damage done to the commission property.
				  Completion of the use agreement shall constitute acceptance by the licensee of
				  the responsibilities stated therein and willingness to comply with all rules
				  and regulations regarding the use of the facilities as prescribed by the
				  commission. If the use of the facility does not comply with the terms in the
				  agreement form, an additional charge may be assessed. In the event of property
				  damage, the licensee shall accept and pay the commission's estimate of the
				  amount of damage. The commission may require posting of a
				  bond.
Statutory Authority:
					 RCW
					 43.101.080. 02-02-004, §
											139-01-405, filed 12/20/01,
					 effective 1/20/02.