Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-28 - Discipline - Prisons › Section 137-28-350 - Sanctions-Authority to impose

Current through Register Vol. 24-14, July 15, 2024
(1) If the hearing
			 officer finds the incarcerated individual not guilty of a 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 hearing officer finds the
			 incarcerated individual guilty of a serious violation, the hearing officer may
			 impose one or more of the sanctions listed in this section.
If the hearing officer determines that more than one violation
				occurred as a result of the same incident, they shall not impose sanctions for
				the separate violations, but shall consider them together and impose penalties
				based on the most serious violation in the group.
(3) Allowable sanctions for serious
			 violations are as follows. The hearing officer may consider factors such as
			 prior documented behavior, infraction history, mental status, and overall
			 facility and program adjustment when determining an appropriate sanction(s):
(a) Any of the sanctions available for
			 general violations;
(b) Any of the
			 sanctions available under department policy;
(c) Loss of a privilege or privileges as
			 outlined in department policy for a period not to exceed: Thirty consecutive
			 days on the first offense, 90 consecutive days on the second offense, and 180
			 consecutive days on the third offense within a one-year period;
(d) Confinement to cell/room except for meals
			 (or with meals in cell), attendance at work or school assignments, or religious
			 services, or law library if approved for emergency/priority access per
			 department policy, for a period not to exceed 30 consecutive days;
(e) Recommendation to the facility risk
			 management team for review of custody classification;
(f) Restitution per WAC
			 137-28-410;
(g) Recommendation to the superintendent that
			 they deny good conduct time credit.
The recommendation will be consistent with guidelines
				established by the department secretary. Any sanctions in excess of the
				guidelines require assistant secretary approval;
(h) Suspension or termination of visitation,
			 for certain violations as outlined in department policy, for a period not to
			 exceed: Thirty consecutive days for the first offense, 90 consecutive days for
			 the second offense, and 180 consecutive days for the third offense within a
			 one-year period. In cases of multiple or very serious violations,
			 recommendations may be made to the superintendent for extended or permanent
			 loss of the privilege of visitation with a specified individual(s);
(i) Restriction, interruption, or termination
			 of correspondence, telephone, and/or electronic communication for a period not
			 to exceed: Thirty consecutive days for the first offense, 90 consecutive days
			 for the second offense, and 180 consecutive days for the third offense in a
			 one-year period. Termination of correspondence, telephone, and/or electronic
			 communication may be permanent:
(i) At the
			 recipient's request;
(ii) At the
			 request of the parent or guardian of the recipient, if the recipient is a minor
			 or an incapacitated person;
(iii)
			 If correspondence perpetuates criminal activity; or
(iv) If the contact violates a court
			 order.
(j) Urinalysis or
			 breath alcohol testing for a period not to exceed 90 days for drug or alcohol
			 related violations.