reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-220 - Disciplinary hearing-Findings and conclusions

Current through Register Vol. 24-14, July 15, 2024
(1) At
			 the conclusion of the hearing, the hearing officer will make a finding of fact
			 as to whether the allegations made against the individual have been proven by a
			 preponderance of the evidence presented at the hearing.
(2) If the hearing officer determines that
			 the allegations have not been proven by a preponderance of the evidence
			 presented at the hearing, the individual shall be restored/continued on partial
			 confinement status.
(3) If the
			 hearing officer determines that one or more of the allegations have been proven
			 by a preponderance of the evidence presented at the hearing, the hearing
			 officer will proceed to a disposition.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 05-24-009 and 06-02-038,
				  §
										137-56-220, filed 11/28/05 and
				  12/28/05, effective 5/1/06. 94-07-065, §
										137-56-220, filed 3/14/94,
				  effective 5/1/94. Statutory Authority:
				  RCW
				    72.65.100. 86-06-012 (Order 86-02), §
										137-56-220, filed 2/21/86;
				  82-08-055 (Order 82-06), §
										137-56-220, filed 4/5/82.
				  Formerly WAC 275-92-540.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-230 - Disciplinary hearing-Disposition

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing
			 officer shall seek and consider input from the case manager, the reentry center
			 contract/custody staff, if applicable, staff and pertinent treatment
			 providers.
(2) The hearing officer
			 will consider the individual's total background, any previous interventions,
			 adjustment on partial confinement, attitude, recommendations of interested
			 parties, and any other information relative to the individual's ability to
			 continue on partial confinement. The hearing officer shall make a determination
			 as to whether or not the individual has earned good time credits toward
			 release, and whether the matter should be referred to the indeterminate
			 sentence review board or the court for possible increase in the inmate's or
			 individual's minimum term.
(3) The
			 individual shall be present at all stages of the hearing, except for
			 deliberation and even during deliberation when appropriate, and shall have the
			 opportunity to make argument(s) on their own behalf.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 05-24-009 and 06-02-038,
				  §
										137-56-230, filed 11/28/05 and
				  12/28/05, effective 5/1/06. 94-07-065, §
										137-56-230, filed 3/14/94,
				  effective 5/1/94. Statutory Authority:
				  RCW
				    72.65.100. 86-06-012 (Order 86-02), §
										137-56-230, filed 2/21/86;
				  82-08-055 (Order 82-06), §
										137-56-230, filed 4/5/82.
				  Formerly WAC 275-92-545.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-240 - Disciplinary hearing-Decision

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing
			 officer may:
(a) Restore the partial
			 confinement individual to their partial confinement status under the same or
			 modified conditions as the original plan; or
(b) Restrict the individual to the partial
			 confinement program for up to 30 days; or
(c) Require restitution be made by the
			 partial confinement individual; or
(d) Require extra duty to be performed by the
			 individual; or
(e) Revoke approval
			 of an approved sponsor; or
(f) Deny
			 good conduct time; or
(g) Terminate
			 the reentry center plan and return the partial confinement individual from a
			 reentry center to a prison/institution/jail, or an electronic home monitoring
			 individual to a reentry center or a prison/institution/jail.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-250 - Disciplinary hearing-Appeal

Current through Register Vol. 24-14, July 15, 2024
The individual may appeal the decision of the hearing officer
				to the area appeals panel. Appeal requests must be in writing, must be specific
				and based on objection to the procedures used or the information available to
				the hearing officer in making their decision. Appeals must be submitted within
				seven calendar days of the hearing officer's written decision. For reasons of
				community protection, all sanctions ordered by the hearing officer will be
				imposed following the hearing and will not be stayed. The appeals panel, upon
				receipt of an appeal, will review the findings and decision of the hearing
				officer and either:
(1) Affirm, or
			 affirm and modify to a lesser sanction the decision of the hearing officer;
			 or
(2) Reverse the decision of the
			 hearing officer; or
(3) Remand for
			 a rehearing.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 05-24-009 and 06-02-038,
				  §
										137-56-250, filed 11/28/05 and
				  12/28/05, effective 5/1/06. 95-22-060, §
										137-56-250, filed 10/30/95,
				  effective 12/1/95. 94-07-065, §
										137-56-250, filed 3/14/94,
				  effective 5/1/94. Statutory Authority:
				  RCW
				    72.65.100. 86-06-012 (Order 86-02), §
										137-56-250, filed 2/21/86;
				  83-10-042 (Order 83-05), §
										137-56-250, filed 5/2/83;
				  82-08-055 (Order 82-06), §
										137-56-250, filed 4/5/82.
				  Formerly WAC 275-92-555.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-260 - Time limits (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.65.100. 82-08-055 (Order 82-06), §
										137-56-260, filed 4/5/82.
				  Formerly WAC 275-92-560.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-270 - Exceptions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.65.100. 82-08-055 (Order 82-06), §
										137-56-270, filed 4/5/82.
				  Formerly WAC 275-92-565.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-280 - Applicability

Current through Register Vol. 24-14, July 15, 2024
WAC
				137-56-170 through
				137-56-250 shall not apply to the
				termination of a partial confinement plan pursuant to WAC
				137-56-160 (2).
				WAC 137-56-080 and
				137-56-170 through
				137-56-250 shall not apply to the
				termination or modification of a partial confinement plan by the secretary
				pursuant to WAC
				137-56-160(1).
Statutory Authority:
				  RCW
				    72.65.100. 86-06-012 (Order 86-02), §
										137-56-280, filed
				  2/21/86.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish procedures for the
				selection of contractors providing work/training release programs, ensure
				department cooperation with local jurisdictions in the siting of work/training
				release facilities, and encourage public comment and advice in the siting
				decisions.
Statutory Authority:
				  RCW
				  72.65.100. 84-11-032 (Order 84-05), §
										137-57-005, filed 5/14/84;
				  82-08-055 (Order 82-06), §
										137-57-005, filed 4/5/82.
				  Formerly Title 275 WAC.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Secretary" is
			 the secretary of the department of corrections or his/her designee.
(2) "Department" is the department of
			 corrections.
(3) "Work/training
			 release facility" is an institution, community residential program or other
			 establishment approved for housing and supervision of work/training release
			 inmates or residents as defined in WAC
			 137-56-010.
(4) "Search committee" is a committee
			 appointed by the secretary to locate potential work/training release
			 contractors or work/training release sites.
Statutory Authority:
				  RCW
				  72.65.100. 84-11-032 (Order 84-05), §
										137-57-010, filed 5/14/84;
				  82-08-055 (Order 82-06), §
										137-57-010, filed
				  4/5/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-020 - Secretary's authority

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				  72.65.080 the secretary may enter into
				contracts with the appropriate authority for the payment of the cost of feeding
				and lodging and other expenses of having work release participants. Such
				contracts may include any other terms and conditions as may be appropriate for
				the implementation of the work release program as defined in chapter 137-56
				WAC. In addition, the secretary is authorized to acquire by lease or contract,
				appropriate facilities for the housing of work release participants and
				providing for their subsistence and supervision.
Statutory Authority:
				  RCW
				  72.65.100. 84-11-032 (Order 84-05), §
										137-57-020, filed 5/14/84;
				  82-08-055 (Order 82-06), §
										137-57-020, filed
				  4/5/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-030 - Advisory committee

Current through Register Vol. 24-14, July 15, 2024
When the department intends to locate or relocate a
				work/training release facility, the assistant director shall be responsible for
				assembling a department advisory committee composed of local elected and/or
				public officials, local law enforcement heads, interested citizens and
				department staff. The advisory committee shall be apprised of the department's
				need for the site and the geographical location desired.
The committee shall then be given the opportunity to make
				recommendations to the assistant director regarding said site and the selection
				thereof. These recommendations shall be recorded in writing.
Statutory Authority:
				  RCW
				  72.65.100. 82-08-055 (Order 82-06), §
										137-57-030, filed
				  4/5/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-040 - Contractor selection

Current through Register Vol. 24-14, July 15, 2024
(1) When the
			 department is seeking a contractor to provide a work/training release program,
			 the secretary will appoint a search committee which shall conduct a search in
			 the manner it deems appropriate to identify potential contractors who would be
			 qualified to develop and provide a work/training release program conforming
			 with applicable regulations, standards, and procedures adopted by the
			 department. The search committee shall also obtain such information as is
			 necessary to evaluate the qualifications and reliability of the potential
			 contractors, the scope of the proposed programs and the cost of such
			 programs.
(2) The names of the
			 potential contractors determined by the search committee, information gathered
			 during the search, the search committee's ranking of the potential contractors,
			 and the search committee's recommendations shall be submitted to the
			 secretary.
(3) The secretary, based
			 on the information, rankings, and recommendations so submitted by the search
			 committee, may approve one of the potential contractors as the provider of the
			 work/training release program.
Statutory Authority:
				  RCW
				  72.65.100. 84-11-032 (Order 84-05), §
										137-57-040, filed 5/14/84;
				  82-08-055 (Order 82-06), §
										137-57-040, filed
				  4/5/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-050 - Site selection

Current through Register Vol. 24-14, July 15, 2024
(1) When the
			 department is seeking a work/training release site, the secretary will appoint:
(a) A search committee which shall conduct a
			 search for possible locations in the manner it deems appropriate; and
(b) An advisory committee composed of local
			 elected or public officials, local law enforcement personnel, interested
			 citizens, and department staff.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-060 - Public notice, hearing requirements

Current through Register Vol. 24-14, July 15, 2024
(1) After the secretary gives preliminary
			 approval to a site, the department shall either apply for or assist others in
			 applying for any permits which may be required by local zoning laws with
			 respect to the operation of a work/training release facility.
(2) In the event there are no local zoning
			 requirements, or hearing requirements with respect to the operation of a
			 work/training release program on the site which has received the secretary's
			 preliminary approval, the department shall hold a public hearing to encourage
			 citizen input. Notice of such a hearing shall be provided in a manner best
			 designed to notify residents within the immediate area and within the budget
			 limitations of the department.
(3)
			 After the required zoning permits, if any, have been obtained, and after the
			 secretary has considered the comments expressed by members of the public during
			 any zoning process or during the public hearing conducted by the department,
			 the secretary may grant or withhold final approval of the proposed
			 site.
Statutory Authority:
				  RCW
				  72.65.100. 84-11-032 (Order 84-05), §
										137-57-060, filed 5/14/84;
				  82-08-055 (Order 82-06), §
										137-57-060, filed
				  4/5/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-070 - Contract/lease

Current through Register Vol. 24-14, July 15, 2024
Upon final approval by the secretary of a proposed contractor
				pursuant to WAC
				137-57-040 or the proposed site
				pursuant to WAC
				137-57-060 the department shall,
				by appropriate instruments, obtain the services of the approved contractor or
				acquire the use of the approved site.
Statutory Authority:
				  RCW
				  72.65.100. 84-11-032 (Order 84-05), §
										137-57-070, filed 5/14/84;
				  82-08-055 (Order 82-06), §
										137-57-070, filed
				  4/5/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-57 - Selecting contractors for and siting of community residential programs (work/training release facilities) › Section 137-57-080 - Waiver

Current through Register Vol. 24-14, July 15, 2024
The secretary may waive any provisions of this chapter if
				he/she deems such waiver to be in the best interest of the
				department.
Statutory Authority:
				  RCW
				  72.65.100. 82-08-055 (Order 82-06), §
										137-57-080, filed
				  4/5/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-58 - Guideline for implementing the State Environmental Policy Act › Section 137-58-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 this chapter is to ensure department compliance with the State Environmental
			 Policy Act, (SEPA),
			 chapter
			 43.21C RCW, and the
			 regulations promulgated thereto, chapter 197-11 WAC and to set forth department
			 procedures in regards to SEPA requirements.
(2) These rules are supplemental to
			 chapter
			 43.21C RCW and chapter
			 197-11 WAC and are not intended to provide a comprehensive description of the
			 SEPA requirements therein listed.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-58-010, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.66.080. 82-07-067 (Order 82-005), §
										137-58-010, filed
				  3/22/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-58 - Guideline for implementing the State Environmental Policy Act › Section 137-58-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions set forth in chapter 197-11 WAC are hereby
				incorporated by reference into this chapter and should be referred to if
				necessary.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-58-020, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.66.080. 82-07-067 (Order 82-005), §
										137-58-020, filed
				  3/22/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-58 - Guideline for implementing the State Environmental Policy Act › Section 137-58-030 - Agency responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 secretary or his/her designee shall be responsible for making final decisions
			 regarding threshold determinations, adequacy of draft EISs and adequacy of
			 final EISs where the department is the lead agency.
(2) The department's capital planning and
			 development section shall be responsible for submitting the necessary data set
			 forth in WAC
			 137-58-040 to the secretary for
			 his/her decision.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-58-030, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.66.080. 82-07-067 (Order 82-005), §
										137-58-030, filed
				  3/22/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-58 - Guideline for implementing the State Environmental Policy Act › Section 137-58-040 - Responsibilities, capital planning and development

Current through Register Vol. 24-14, July 15, 2024
The department's capital planning and development section shall
				be responsible for complying with the threshold determination procedures of WAC
				197-11-300 through
				197-11-390; and shall be
				responsible for the supervision, or actual preparation of draft EISs pursuant
				to WAC 197-11-400 through 197-11-495,
				including the circulation of such statements, and the conduct of any public
				hearing required by chapter 197-11 WAC. The office of capital programs shall
				also prepare or supervise the preparation of any required final EIS pursuant to
				WAC 197-11-550 through
				197-11-695.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-58-040, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.66.080. 82-07-067 (Order 82-005), §
										137-58-040, filed
				  3/22/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-010 - Furlough of person confined in state correctional institution - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Furlough" is
			 an authorized unaccompanied leave of absence for an eligible inmate.
(2) "Furlough plan" is an inmate's statement
			 in his or her application of the purpose, place, dates of duration, and sponsor
			 of a single furlough or series of furloughs.
(3) "Furlough sponsor" is an approved adult
			 who has agreed to assume the responsibilities set forth in WAC
			 137-60-070.
(4) "Emergency furlough" is a specially
			 expedited furlough granted to an inmate to enable him or her to meet an
			 emergency situation such as the death or critical illness of a member of his or
			 her family.
(5) "Inmate" is a
			 person convicted of a felony and serving a sentence for a term of confinement
			 in a state correctional institution or facility, or a state approved work or
			 training release facility.
(6)
			 "Secretary" is the secretary of the department of corrections or his or her
			 designee.
(7) "Furlough year"
			 begins with the date of the first furlough and ends twelve months from that
			 date. Subsequent furlough years count backward for the twelve month time
			 period.
(8) "Furlough day" is any
			 combination of two twelve-hour time segments.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-010, filed 3/4/82.
				  Formerly WAC 275-93-005.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-020 - Furlough of person confined in state correctional institution - Secretary's authority to grant or deny

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 institution superintendent or chief, classification and treatment, may grant or
			 deny a furlough as authorized by
			 chapter
			 72.66 RCW and subject to
			 the rules in this chapter to an inmate of a state correctional institution, not
			 including inmates of work release facilities.
(2) The supervisor of a work release facility
			 may grant or deny a furlough as authorized by
			 chapter
			 72.66 RCW and subject to
			 the rules of this chapter to an inmate of a work release facility; provided,
			 however, with respect to such inmates, the granting of a first furlough shall
			 be subject to the prior approval of the community corrections regional
			 administrator if:
(a) There is a dispute
			 between the work release facility supervisor and field staff regarding the
			 granting of the furlough; or
(b)
			 The inmate has two or more convictions for crimes against persons; or
(c) The inmate is confined under a sentence
			 for murder in the first or second degree, manslaughter, negligent homicide,
			 rape in the first or second degree, kidnapping, burglary in the first degree,
			 robbery in the first degree, assault in the first degree, or arson in the first
			 degree.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-030 - Furlough of person confined in state correctional institution - Purposes

Current through Register Vol. 24-14, July 15, 2024
A furlough may be authorized to enable the inmate:
(1) To meet an emergency situation, such as
			 critical illness, death, emotional crisis, or similar situation experienced by
			 members of his or her family;
(2)
			 To obtain medical care not available in a facility maintained by the
			 department;
(3) To seek employment
			 or training opportunities;
(a) Provided
			 specific job interviews have been arranged for the inmate, or
(b) When the inmate has been approved for
			 work or training release status but his or her job or training placement has
			 not been developed or concluded, or
(c) When necessary to prepare a parole plan
			 for a parole hearing scheduled within one hundred twenty days of the
			 commencement of the furlough;
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-040 - Furlough of person confined in state correctional institution - Who may apply

Current through Register Vol. 24-14, July 15, 2024
(1) Any inmate may
			 apply for a furlough: Provided, That
(a) He or
			 she has minimum custody classification,
(b) His or her minimum term has been fixed by
			 the board of prison terms and paroles,
(c) If he or she has a detainer pending,
			 approval of the detaining agency must be secured. Other jurisdictions with
			 detainers against a Washington state inmate may provide approval on a class of
			 applicants; for example, all those otherwise approved by this state, in lieu of
			 action on individual applications.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-045 - Minimum time served requirement

Current through Register Vol. 24-14, July 15, 2024
A furlough shall not be granted to an inmate if the furlough
				would commence prior to the time the inmate has served the minimum amounts of
				time provided under this section and is within two years of his or her minimum
				term being served;
(1) If his or her
			 minimum term of imprisonment is longer than twelve months, he or she shall have
			 served at least six months of the term;
(2) If his or her minimum term of
			 imprisonment is twelve months or less, he or she shall have served at least
			 ninety days and shall have no longer than six months left to serve on his or
			 her minimum term, or the mandatory term has been waived by the parole
			 board;
(3) If he or she is serving
			 a mandatory minimum term of confinement, he or she shall have served all but
			 the last six months of such term subject to restrictions in WAC
			 137-60-040(2) and
			 (3).
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-045, filed
				  3/4/82.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-050 - Furlough of person confined in state correctional institution - Conditions imposed

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant
			 must agree to abide by all terms and conditions of the approved furlough plan.
			 Any violation may be cause for suspension or revocation of the furlough, and
			 possible disciplinary action.
(2)
			 The furlough plan will specify the residence address at which the applicant
			 will reside during the period of furlough and will designate the names and
			 relationships of the persons with whom he or she will live.
(3) Upon arrival at his or her destination
			 the furloughed person will, when so required, report to a state probation and
			 parole officer in accordance with instructions given prior to release on
			 furlough. He or she shall report as frequently as may be required by the state
			 probation and parole officer.
(4)
			 The furloughed person shall abide by all local, state, and federal laws,
			 ordinances, and statutes.
(5) With
			 approval of either the designated state probation and parole officer, or
			 institution staff, the furloughed person may accept temporary employment during
			 a period of furlough. Earnings may be used to defray the costs of the furlough,
			 including transportation, living expenses, family support, and incidental
			 needs.
(6) Furloughed persons may
			 not leave the state at any time while on furlough.
(7) Other limitations on movement within the
			 state may be imposed as a condition of furlough. Unless it is part of the
			 approved travel plan, travel outside the county to which furlough is granted
			 must be approved in advance by the probation and parole officer in that
			 county.
(8) A furloughee shall not
			 drink, ingest, possess, or be under the influence of intoxicating beverages or
			 nonprescribed drugs. All public taverns, bars, liquor stores, and cocktail
			 lounges will be considered "off limits" to furloughees.
(9) A furloughee who drives a motor vehicle
			 must:
(a) Have a valid Washington driver's
			 license in his or her possession;
(b) If unaccompanied by the owner, have the
			 owner's written permission in his or her possession to drive any vehicle not
			 his or her own or his or her spouse's or state-registered domestic
			 partner's;
(c) Have at least
			 minimum personal injury and property damage liability coverage on the vehicle
			 he or she is driving,
(d) Observe
			 all traffic laws.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-060 - Furlough of person confined in state correctional institution - Duration

Current through Register Vol. 24-14, July 15, 2024
(1) Furloughs may
			 not exceed thirty days at a given time or a total of sixty days in any
			 twelve-month period. The sixty day total is designed to permit a reasonable
			 pattern of short releases over the course of a year, or an extended period of
			 release for special placement on furlough status in preparation for work
			 release, training release, parole planning, medical treatment not available in
			 a state facility, or a combination of these reasons.
(2) First and second furloughs will not
			 exceed five days absent unusual circumstances.
(3) Emergency furloughs will be limited to
			 forty-eight hours plus travel time absent unusual circumstances.
(4) Any furlough may be extended by the
			 institution superintendent or work/training release supervisor within the
			 maximum time limits set by this section.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-060, filed 3/4/82.
				  Formerly WAC 275-93-060.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-070 - Furlough of person confined in state correctional institution - Sponsor's responsibilities

Current through Register Vol. 24-14, July 15, 2024
A furlough plan must designate a sponsor for the inmate while
				he or she is on furlough. The sponsor must sign a statement agreeing to:
(1) Provide the furloughee with appropriate
			 living quarters for the duration of the furlough,
(2) Notify the institution immediately if the
			 furloughee does not appear as scheduled, departs from the furlough plan at any
			 time, becomes involved in serious difficulty during the furlough, or
			 experiences problems that affect his or her ability to function
			 appropriately,
(3) Assist the
			 furloughee in other appropriate ways, such as discussing problems, providing
			 transportation to job interviews, etc.,
(4) Assure that the furloughee returns to the
			 institution on time.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-070, filed 3/4/82.
				  Formerly WAC 275-93-070.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-080 - Furlough of person confined in state correctional institution - Criteria for evaluating application

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 application for furlough shall be considered with respect to:
(a) Consistency with the purposes described
			 in WAC 137-60-030 and
			 137-60-040, and
(b) Adequacy of the furlough plan,
			 and
(c) Possible risk to the
			 community, and
(d) Findings of a
			 field investigation.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-090 - Furlough of person confined in state correctional institution - Application for furlough

Current through Register Vol. 24-14, July 15, 2024
(1) An application
			 for furlough must be made on forms prescribed by the secretary, must include a
			 furlough plan, and must be submitted by the inmate to his or her
			 counselor.
(2) An application for
			 furlough, other than an emergency furlough, must be made at least seven weeks
			 prior to the date of the furlough.
(3) Any inmate whose furlough application has
			 been rejected may reapply after such period of time has elapsed as was
			 determined by the superintendent, work/training release supervisor, or chief,
			 classification and treatment, at the time of rejection, such time period being
			 subject to modification by the persons listed in this section.
(4) A furlough plan shall specify in detail
			 the purpose of the furlough and how it is to be achieved, the address at which
			 the applicant would reside, the names of all persons residing at such address
			 and the relationships of such persons to the applicant.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-090, filed 3/4/82.
				  Formerly WAC 275-93-090.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-100 - Furlough of person confined in state correctional institution - Notifying inmate of decision on application

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The inmate and his or her sponsor shall both be notified promptly of the
			 disposition of his or her application.
(2) If a furlough is authorized, a copy of
			 the furlough order will be mailed to the sponsor.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-100, filed 3/4/82.
				  Formerly WAC 275-93-100.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-110 - Furlough of person confined in state correctional institution - Escape

Current through Register Vol. 24-14, July 15, 2024
The department has the duty, as soon as possible, to notify the
				state patrol of the escape of a furloughee.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-110, filed 3/4/82.
				  Formerly WAC 275-93-110.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-120 - Furlough of person confined in state correctional institution - Revocation or suspension

Current through Register Vol. 24-14, July 15, 2024
(1) Any employee
			 of the department having knowledge of a furlough infraction shall report the
			 facts to the superintendent or work/training release facility supervisor as
			 appropriate. Upon verification, the superintendent or work/training release
			 supervisor will cause the custody of the furloughee to be regained and, for
			 this purpose, may cause a furlough suspension warrant to be issued.
(2) The superintendent or work/training
			 release facility supervisor as appropriate will determine whether to suspend or
			 revoke the furlough. If the furlough is suspended, the superintendent or
			 work/training release supervisor will indicate when and under what
			 circumstances the inmate may reapply.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-120, filed 3/4/82.
				  Formerly WAC 275-93-120.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-130 - Furlough of person confined in state correctional institution - Law enforcement officers to be notified

Current through Register Vol. 24-14, July 15, 2024
(1) Appropriate
			 law enforcement agencies will be notified of a planned furlough via the state
			 patrol communications network at least forty-eight hours prior to the beginning
			 of the furlough.
(2) In the event
			 of an emergency furlough, the state patrol will be notified as early as
			 possible but the forty-eight hour requirement will not apply.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-130, filed 3/4/82.
				  Formerly WAC 275-93-130.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-60 - Adult correctional institutions - Release programs - Furlough › Section 137-60-140 - Furlough of person confined in state correctional institution - Exceptions to rules

Current through Register Vol. 24-14, July 15, 2024
In emergency situations or as otherwise allowed by statute, the
				secretary may authorize exceptions to the rules in chapter 137-60 WAC:
				Provided, That no exception may be made to WAC
				137-60-040(1)(a), (b), (c), (2), and
				(3),
				137-60-045,
				137-60-050,
				137-60-060, and
				137-60-070.
Statutory Authority:
				  RCW
				  72.66.080. 82-07-006 (Order 82-04), §
										137-60-140, filed 3/4/82.
				  Formerly WAC 275-93-140.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-65 - [Repealed] › Section 137-65-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090 and chapters 9.94A,
				  9.95, and
				  72.04A RCW. 11-16-057, §
										137-65-010, filed 7/29/11,
				  effective 8/29/11. Statutory Authority:
				  Chapters
				  72.04A and 9.94A RCW, as
				  amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), §
										137-65-010, filed
				  12/22/82.
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 137-65 - [Repealed] › Section 137-65-020 - Scope

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090 and chapters 9.94A,
				  9.95, and
				  72.04A RCW. 11-16-057, §
										137-65-020, filed 7/29/11,
				  effective 8/29/11. Statutory Authority:
				  Chapters
				  72.04A and 9.94A RCW, as
				  amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), §
										137-65-020, filed
				  12/22/82.
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 137-65 - [Repealed] › Section 137-65-030 - Fee

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090 and chapters 9.94A,
				  9.95, and
				  72.04A RCW. 11-16-057, §
										137-65-030, filed 7/29/11,
				  effective 8/29/11. Statutory Authority:
				  Chapters
				  72.04A and 9.94A RCW, as
				  amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), §
										137-65-030, filed
				  12/22/82.
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 137-65 - [Repealed] › Section 137-65-050 - Instructions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    72.01.090 and chapters 9.94A,
				  9.95, and
				  72.04A RCW. 11-16-057, §
										137-65-050, filed 7/29/11,
				  effective 8/29/11. Statutory Authority:
				  Chapters
				  72.04A and 9.94A RCW, as
				  amended by chapter 20, Laws of 1982. 83-01-137 (Order 82-16), §
										137-65-050, filed
				  12/22/82.
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 137-67 - Transfer of citizens of foreign countries › Section 137-67-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The rules in this chapter establish the process for inmates of
				adult correctional institutions to apply for transfer to their countries of
				citizenship or origin in accordance with
				RCW
				  43.06.350.
Statutory Authority:
				  RCW
				  72.68.010. 85-18-061 (Order 85-07), §
										137-67-010, filed
				  9/3/85.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-67 - Transfer of citizens of foreign countries › Section 137-67-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Department" is
			 the department of corrections.
(2)
			 "Adult correctional institution" and "institution" is a facility identified in
			 RCW
			   72.01.050(2) and any similar
			 facility hereafter established.
(3)
			 "Secretary" is the secretary of the department of corrections or the
			 secretary's designee.
(4) "Deputy
			 secretary" is the deputy secretary, prisons division, of the Washington state
			 department of corrections or his/her designee.
(5) "Superintendent" is a superintendent of
			 an adult correctional institution or the superintendent's designee.
(6) "Treaty nation" is a country which has
			 entered into a treaty with the United States on the execution of penal
			 sentences.
(7) "Treaty" is a treaty
			 under which an offender, sentenced in the courts of one country, may be
			 transferred to the country of which the offender is a citizen or national, for
			 the purpose of serving the sentence.
(8) "Country of origin or citizenship" is the
			 country in which the inmate was born or in which the inmate has duly recognized
			 citizenship.
(9) "OIA" is the
			 Office of International Affairs, Criminal Division, United States Department of
			 Justice.
(10) "United States" is
			 the United States of America.
(11)
			 "Detainer" is a hold or request for notification placed by any local, state, or
			 federal law enforcement, penal, or prosecutional agency based on untried
			 charges, parole or probation violation, escape, unexpired sentence,
			 bond-jumping, or any other fugitive matter.
Statutory Authority:
				  RCW
				  72.01.090. 07-12-073, §
										137-67-015, filed 6/5/07,
				  effective 7/6/07; 03-21-088, §
										137-67-015, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.68.010. 85-18-061 (Order 85-07), §
										137-67-015, filed
				  9/3/85.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-67 - Transfer of citizens of foreign countries › Section 137-67-020 - Request for transfer

Current through Register Vol. 24-14, July 15, 2024
An inmate committed to the Washington corrections system who is
				a citizen of a foreign country may make an application for a voluntary transfer
				to the inmate's country of origin or citizenship, provided the following
				conditions exist:
(1) The inmate is
			 able to establish citizenship in a treaty nation;
(2) The inmate voluntarily requests the
			 transfer;
(3) There is no
			 unresolved detainer lodged against the inmate;
(4) There is no pending fine or restitution
			 obligation imposed on the inmate by a court of competent jurisdiction in the
			 United States;
(5) There is no
			 pending or actual sentence for civil contempt against the inmate; and
(6) There is no pending appeal or collateral
			 attack on the underlying sentence or sentences which form the basis of the
			 inmate's custody.
Statutory Authority:
				  RCW
				  72.68.010. 85-18-061 (Order 85-07), §
										137-67-020, filed
				  9/3/85.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-67 - Transfer of citizens of foreign countries › Section 137-67-025 - Initial notification

Current through Register Vol. 24-14, July 15, 2024
At the time of admission to the Washington corrections center,
				or the Washington corrections center for women, the orientation information
				given to all inmates will include information on international offender
				transfers. An inmate who is a citizen of a treaty nation will be informed of
				the existing treaty and be provided with the opportunity to indicate an
				interest or noninterest in a transfer to the inmate's country of origin or
				citizenship on an application form provided by the department. Whenever
				possible, the form will be bilingual or translated into the inmate's native
				language. The application will be processed consistent with the purpose and
				provisions of the applicable treaty.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-67-025, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.68.010. 85-18-061 (Order 85-07), §
										137-67-025, filed
				  9/3/85.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-67 - Transfer of citizens of foreign countries › Section 137-67-030 - Process for application

Current through Register Vol. 24-14, July 15, 2024
After the inmate's foreign country citizenship has been
				verified and that country has been identified as a treaty nation, the
				superintendent will forward the inmate's application for transfer and the
				verification of citizenship to the deputy secretary. All applications for
				international transfer will be submitted by the deputy secretary to the
				secretary for final department approval and recommended to the governor or the
				governor's designee pursuant to
				RCW
				  43.06.350.
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-67-030, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.68.010. 85-18-061 (Order 85-07), §
										137-67-030, filed
				  9/3/85.
Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-67 - Transfer of citizens of foreign countries › Section 137-67-035 - Referral by the secretary to the Office of Enforcement Operations, International Prisoner Transfer Program, Criminal Division, U.S. Department of Justice

Current through Register Vol. 24-14, July 15, 2024
After approval of an inmate's application for transfer by the
				governor or the governor's designee, the secretary will refer the inmate's
				application to the International Prisoner Transfer Program
				(IPTP).
Statutory Authority:
				  RCW
				  72.01.090. 03-21-088, §
										137-67-035, filed 10/17/03,
				  effective 11/17/03. Statutory Authority:
				  RCW
				    72.68.010. 85-18-061 (Order 85-07), §
										137-67-035, filed
				  9/3/85.