Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-104 - Community custody violation hearings › Section 137-104-060 - Rights specified

Current through Register Vol. 24-14, July 15, 2024
An offender subject to a department hearing has rights as
				specified in
				RCW
				  9.94A.737 and the right to:
(1) Receive written notice in accordance with
			 WAC
			 137-104-040,
			 including the opportunity to examine, no later than twenty-four hours before
			 the hearing, all supporting documentary evidence which the department intends
			 to present during the hearing.
(2)
			 Have an electronically recorded, community custody hearing conducted within
			 five business days of written notice; however, if the offender has not been
			 placed in confinement, the hearing will be conducted within fifteen business
			 days of written notice in accordance with RCW 9.9A.737.
(3) A neutral and detached hearing officer
			 conduct the hearing.
(4) Admit to
			 any or all of the allegations, which may result in limiting the scope of the
			 hearing.
(5) Be present during the
			 hearing. An offender may waive the right to be present at the hearing or
			 because of disruptive behavior, an offender may be removed from the hearing at
			 the hearing officer's discretion; in both cases, the department will conduct
			 the hearing in the offender's absence and may impose sanctions.
(6) Present the case to the hearing officer.
			 If there is a language or communication barrier, the hearing officer may
			 continue the hearing until a qualified individual is identified to interpret or
			 otherwise assist in person or by means of an approved language line.
(7) Request counsel as established by
			 department policy. Counsel may be provided if the hearing officer determines
			 that counsel is necessary due to the complexity of the case or the offender's
			 ability to represent himself or herself.
(8) Cross-examine witnesses testifying at the
			 hearing.
(9) Testify during the
			 hearing or remain silent. Silence will not be held against the
			 offender.
(10) Have witnesses
			 provide written or oral testimony on the offender's behalf, unless the scope of
			 testimony is limited or the witness is excluded by the hearing officer under
			 WAC
			 137-104-050.
(11) Request a continuance of the hearing for
			 good cause as per department policy.
(12) Receive a written hearing and decision
			 summary including the evidence presented, the finding of guilty or not guilty,
			 the reasons to support the findings of guilt, and the sanction imposed
			 immediately following the hearing or, in the event of a deferred decision,
			 within two business days. Offenders may waive the two business days'
			 requirement.
(13) Obtain a copy of
			 the electronic recording of the hearing upon written request.
(14) Appeal the hearing officer's decision
			 pursuant to WAC
			 137-104-080.
(15) File a personal restraint
			 petition.
(16) Waive any or all of
			 the above rights in this section.
(17) Waive the hearing and recommend a
			 negotiated sanction.
01-04-044, §
										137-104-060, 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.