The purpose of this chapter is to set forth the rules and regulations governing the administration of the department's work/training release programs.

(1) "Secretary" is the secretary of the department of corrections or their designee.

(2) "Department" is the department of corrections.

(3) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention, electronic monitoring, or work crew has been ordered by the court or home detention has been ordered by the department as part of the community parenting program or the graduated reentry program for no more than 18 months, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes reentry center, home detention, work crew, electronic monitoring, and a combination of work crew, electronic monitoring, and home detention.

(4) "Home detention" is a subset of electronic monitoring and means a program of partial confinement available to individuals wherein the individual is confined in a private residence 24 hours a day, unless an absence from the residence is approved, authorized, or otherwise permitted in the order by the court or other supervising agency that ordered home detention, and the individual is subject to electronic monitoring.

(5) "Administrative termination" is the nondisciplinary reclassification of an individual from partial confinement to total confinement by the administrator/designee if they determine placement is no longer viable and/or if the circumstances of placement create a risk to the community, participant, child, or family, or the individual self-terminates, is no longer suitable, or fails to maintain placement requirements (e.g., no longer has viable housing options, medical condition, financial hardship, failing to maintain an operable telephone line).

(6) "Supervisor" is a staff member assigned by the administrators to administer and supervise a specific partial confinement program and includes their designee.

(7) "Community corrections officer" or "specialist" is a staff member also known as a "case manager" assigned by the community corrections supervisor/reentry center manager to supervise and counsel a caseload of individuals assigned to a reentry center or partial confinement program.

(8) "Contract staff" is the staff member(s) of an agency under contract to the department of corrections to provide housing and/or monitoring for reentry center individuals.

(9) "Partial confinement individual" is any individual committed to or transferred to the department's custody pursuant to a valid criminal conviction who has been approved by the department for placement in a designated reentry center or partial confinement program.

(10) "Sponsor-escort" is a responsible citizen screened and approved to escort and monitor an individual during official and social activities outside of the reentry center.

(11) "Reentry center" is an establishment approved for housing and monitoring of reentry center individuals during the individual's stay in a reentry center. It also includes individuals who have been screened and approved for placement on partial confinement programs.

(12) "Business" is a nine-hour day, 8:00 a.m. to 5:00 p.m. excluding weekends and holidays.

(13) "Hearing officer" means an employee of the department authorized to conduct disciplinary/department hearings.

(14) "Hearings program administrator" means the administrator of the hearings unit of the department, or the hearing program administrator's designee.

Reasonable payment, as determined by the department, for board and room charges will be deducted from the reentry center individual's earnings. For purposes of this section, earnings shall constitute all income and money received or possessed by the reentry center individual while under an approved partial confinement plan. Nothing in this section shall prohibit the department's authority to obtain reimbursement for moneys advanced to a reentry center individual by the department.

The secretary or their designee may grant or deny placement in partial confinement as authorized by chapters 72.65 and 9.94A RCW subject to the rules of this chapter.

Reentry centers may be authorized for one or more of the following:

(1) To participate in full-time employment or part-time employment at specialized programs;

(2) To participate in a vocational training program, including attendance at an accredited college.

(3) To secure services to support transition back to the community.

(4) As a sanction for violating community custody conditions.

(5) Transfer to a reentry center as a result of violation of conditions of partial confinement programs.

(6) Incarcerated individuals depending on the program, must apply and go through an investigative process, with a committee determination regarding suitability.

(1) An individual is eligible for reentry center placement and/or graduated reentry programming provided that:

(a) Individual has a minimum security status for the purpose of reentry center placement;

(b) Individuals who are found eligible for the graduated reentry program must meet program criteria and either:

(i) Served at least six months total confinement and may serve no more than the last five months of the individual's term of confinement in a department approved release residence on electronic home monitoring; or

(ii) Able to complete the last 12 months of sentence in a reentry center with no more than the last five months of the individual's term of confinement in a department approved release residence on electronic home monitoring; or

(iii) Able to serve at least four months total confinement and may serve no more than the last 18 months of the individual's term of confinement in a department approved release residence on electronic home monitoring.

Partial confinement programs.

(2) Individuals convicted of rape in the first degree shall not be eligible for work/training release reentry centers or graduated reentry program at any time during the first three years of confinement.

(3) Individuals convicted of murder first degree are not eligible for work/training release reentry centers or graduated reentry program, without the written approval of the secretary or their designee.

(4) Individual who violates condition(s) of community custody may be sanctioned to a reentry center for a term of 90 days or less.

(5) Individual who violates condition(s) for partial confinement programs may be sanctioned to a reentry center for a term of 90 days or less, to more restrictive status, or returned to total confinement.

(1) Based on the individual's request to participate in partial confinement programs and/or the individual's need to transition through partial confinement programs, the department will ensure a process for screening.

(2) The case manager may make recommendation for placement in a reentry center as a result of violation of conditions of community custody or partial confinement programs.

(1) The supervisor/manager or designee shall screen the individuals referred to the programs.

(2) The partial confinement programs participation is subject to a screening process based on established criteria for each program.

(1) The supervisor/manager or designee's or program established committee screening decision will be documented by the supervisor/manager or designee in the individual's electronic file indicating the action taken.

(2) Approved individuals will be placed in the program based on individual needs. Disapproved individuals can obtain the reasons for the denial, as documented in the individual's electronic file.

(3) An individual who is denied placement in a reentry center or graduated reentry program will be reviewed by a headquarters committee who will uphold, modify, or overturn the denial.

The work or training site shall be within reasonable commuting distance (in most circumstances not more than 50 miles) of the partial confinement program in which the individual is confined.

(1) At the time of admission, each partial confinement individual shall be advised in writing of:

(a) Program goals and services available.

(b) Rules governing conduct and program rules.

(c) Incentives earned, as defined in policy, for positive behavior and program completions.

(d) Conditions for their specified program that is applicable to them and to their success.

(e) Disciplinary action which may be taken in the event of a serious violation of rules or special conditions. To include, but not be limited to:

(i) Remain confined to the partial confinement premises at all times other than the time necessary to implement the plan or when authorized under WAC 137-56-140. Any partial confinement individual approved for placement under a partial confinement plan who willfully fails to report to their designated assignment or return to the designated place of confinement at the time specified may be deemed an escapee and fugitive from justice, and upon conviction shall be guilty of a felony and sentenced in accordance with state law.

(ii) Have employment or other approved resources in order to maintain themselves financially.

(iii) Not consume, ingest, inject, or possess nonprescription narcotic or "dangerous" drugs or controlled substances, or any mood altering drug or alcoholic beverages.

(iv) Report all income to the reentry center manager or their designee. All income, for individuals in a reentry center from any source shall be immediately placed in the individual's banking account by the reentry center manager or their designee. A receipt will be issued.

(v) Individuals in a partial confinement program, with case manager approval, may enter into contracts for banking accounts that support their transition to the community. Each individual must provide their account information.

(2) All amendments or additions to disciplinary rules, policies, and procedures shall be posted at a specifically designated place or places in each reentry center in advance of their effective date if possible and for at least 30 days after their effective date. Partial confinement individuals shall be responsible for informing themselves of such postings. Complete and up-to-date copies of these rules and all program rules shall be available at each reentry center and provided to each individual on partial confinement programs for review.

(3) The reentry center manager shall ensure that each individual has the opportunity to understand rules which relate to their conduct. If the individual is unable to read or understand English, the rules shall be read to them promptly in their accustomed language.

(4) All individuals will receive orientation within 48 hours of placement in a reentry center program. Orientation must be completed before the individual can leave the reentry center or leave the approved partial confinement programs location. The individual must sign the appropriate form indicating they will comply with all the partial confinement program policies and program rules.

The definitions and serious violations described herein apply to individuals committed to partial confinement programs. Partial confinement programs i.e., reentry center, community parenting alternative and graduated reentry may create their own separate agency policies if it is not viable or feasible to combine, if determined necessary by the respective administrator.

For the purposes of serious violations, the following terms have the following meanings:

(1) Assault - A physical attack upon the body of another person. The attack may be made with any instrument including, but not limited to, weapons, body parts, food products, or bodily secretions.

(2) Attempting - Putting forth an effort to commit any violation.

(3) Bodily harm - Physical pain or injury, illness, or impairment of physical condition.

(4) Conspiring - Entering into an agreement with another person(s) to commit a violation.

(5) Individual - Offender or inmate as defined in RCW 72.09.015.

(6) Possessing - When an item(s) is found on an individual or in an individual's assigned area of responsibility.

(7) Sex act - Includes, but is not limited to, any of the following acts: Genital-genital, oral-genital, anal-genital, or oral-anal contact/penetration; genital or anal contact/penetration with an inanimate object; masturbation; sadistic/masochistic abuse; bondage; bestiality; and/or bodily excretory behavior which appears to be sexual in nature.

(8) Sexual assault against a staff member - An incident in which one or more of the following actions is taken or threatened against a staff member without his/her consent or when he/she is unable to consent or refuse:

(a) Contact between genitalia (i.e., penis, vagina) or between genitalia and the anus involving penetration, however slight. This does not include kicking, grabbing, or punching genitals when the intent is to harm or debilitate rather than to sexually exploit.

(b) Contact between the mouth and the penis, vagina, or anus.

(c) Penetration of the anal or genital opening of the staff member by hand, finger, or other object.

(9) Sexual contact against a staff member - Contact against a staff member without his/her consent or when the staff member is unable to consent or refuse which includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttock of the staff member. This does not include kicking, grabbing, or punching when the intent is to harm or debilitate rather than to sexually exploit.

(10) Sexual harassment against a staff member, visitor, or community member - Any word, action, gesture, or other behavior taken against a staff member, visitor, or community member that is sexual in nature and that would be offensive to a reasonable person.

(11) Staff member - A department of corrections employee, contract staff, or volunteer.

(12) Violation - The act of failing to comply with a rule enumerated in this chapter.

(1) The secretary may adopt and/or revise serious violations.

(2) Before adopting or revising a serious violation, the secretary shall, when applicable, follow the rule-making procedures of chapter 34.05 RCW, Administrative Procedure Act.

(3) Nothing herein shall be construed as limiting the department of corrections' exclusion from the Administrative Procedure Act under RCW 34.05.030 (1)(c).

(1) Any of the following types of behavior may constitute a serious violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation.

(2) If contraband or another violation is discovered in an individual's assigned area of responsibility, such as within the confines or contents of an assigned room, the contraband or other violation shall be constructively attributed (i.e., cell tagged) to all individuals assigned responsibility for that area.

(1) In meeting its responsibilities for providing supervision of individuals in the reentry center(s), the following will be provided:

(a) Staff on duty 24 hours a day, seven days a week;

(b) A check-in and check-out system to ensure that the stated whereabouts of the individual is known at all times, including telephonic and on-site checks at school, work, furlough, sponsored outing, pass, etc.;

(c) Bed checks or head counts to account for the individual's whereabouts; a minimum of three counts daily shall be required;

(d) Provide adequately for the individual with respect to sleeping quarters, bathroom facilities, and accommodations for cooking, dining, lounging and leisure time activities;

(e) Comply with state and local fire codes and applicable building, safety, and sanitation codes.

(2) In meeting its responsibilities for providing supervision of individuals in partial confinement programs, the following will be provided:

(a) Case managers available during business hours;

(b) A system of approved movement in the community to ensure that the stated whereabouts of the individual is known at all times, including telephonic and on-site checks at school, work, furlough, sponsored outing, pass, detention location, etc.;

(c) Reviews of electronic home monitoring equipment to ensure movement in the community was approved;

(d) Approve residential placement for the individual to ensure adequate sleeping quarters, bathroom facilities, and accommodations for cooking, dining, lounging and leisure time activities.

A partial confinement individual will follow specified program and/or condition requirements. If an individual is enrolled in partial confinement programs, they shall be confined to the reentry center/approved residence at all times except:

(1) When seeking or arranging for registration at a school or training facility;

(2) When working at paid employment or attending a training facility in a vocational or academic program;

(3) When in a reentry center, authorized a point-to-point pass not to exceed four hours, including travel, for the purpose of transacting personal business including a treatment regimen, between the hours of 7:00 a.m. and 10:00 p.m. and/or outside that time frame with written permission of the reentry center manager or designee;

(4) When authorized to participate in social and recreational activities accompanied by an authorized sponsor-escort;

(5) When on furlough;

(6) When on authorized medical/mental health appointments, substance use disorder treatment, or court appearances;

(7) When ordered to perform community service/restitution;

(8) When seeking employment on an approved job search pass;

(9) When in partial confinement programs, movement allowed as approved by the case manager/designee;

(10) The administrator for the confinement programs may determine an individual's program status and take nondisciplinary administrative action when an individual is no longer suitable and/or eligible for the partial confinement program;

(11) The administrator for the confinement programs may not modify or adjust decision adjudicated by a hearings officer without secretary approval.

(1) A sponsor-escort shall be a responsible citizen who shall accompany and monitor a reentry center individual during a preapproved social or recreational activity. The sponsor-escort must be approved by the reentry center manager/designee; and the sponsor and individual must sign an agreement with the department which describes their responsibilities.

(2) Persons who are on active/inactive felony probation or parole or under an active SRA sentence, shall not be approved as sponsor-escorts. Persons who have a past felony conviction and who have earned a discharge may be approved as sponsor-escorts on an individual basis by the reentry center manager/designee.

(3) Sponsor-escorts must complete a sponsor orientation provided by the case manager at the reentry center before eligibility under this section.

(4) Sponsor-escorts may not be party to an active no-contact order with the individual.

At any time after approval has been granted to any partial confinement program individual to participate in the program, such approval may be revoked, and the individual may be sent to a state correctional institution or jail. A partial confinement individual may be terminated from the program as a result of a disciplinary or classification decision or the following:

(1) If requested in writing by the partial confinement individual;

(2) If the partial confinement individual lacks aptitude for the assignment or is improperly placed; or

(3) If the partial confinement individual has been unable to adjust or adapt to the conditions of the partial confinement program; or

(4) If the partial confinement individual's situation and circumstances have significantly changed; or

(5) If the individual is on partial confinement programs and their circumstances, situation or living arrangements change, they may be returned to a reentry center to develop a new plan; or

(6) If the partial confinement individual has failed to comply with federal or state laws or local ordinances.

(1) If disciplinary action is proposed, the supervisor/manager or case manager may suspend the partial confinement plan and place the individual in total confinement pending a formal disciplinary hearing.

(2) The supervisor/manager or designee shall advise the individual in writing of the factual allegations which provide the basis for the proposed disciplinary action within one working day after the suspension of the partial confinement plan.

(3) If the partial confinement plan is not suspended pending the disciplinary hearing, then the program supervisor/manager or designee shall advise the individual at least 24 hours prior to the scheduled hearing.

(4) The factual allegations may be amended and/or new allegations added at any time prior to the disciplinary hearing, provided the partial confinement individual shall have notice of such new and/or amended allegations at least 24 hours prior to the disciplinary hearing unless such notice shall be waived in writing by the individual.

When addressing serious violations, the partial confinement case manager may, with the supervisor's/manager's permission, choose to address the violation behavior through a reentry team meeting, or using a department authorized stipulated agreement process.

(1) A partial confinement individual served with allegations providing the basis for a proposed disciplinary action shall be notified in writing that a hearing has been set before a department hearing officer. An allegation involving the commission by the individual of a serious violation may be amended at anytime by the department, provided that 24 hours notice be given to the individual or the individual agrees in writing to waive notice to respond to the allegations. The hearing will be held within eight working days of the suspension of the partial confinement plan, unless a longer time is approved by the hearings program administrator or their designee. The written notice of hearing shall be given to the individual at least 24 hours before the hearing unless notice is waived, in writing, and advise the individual of their rights, including the following:

(a) The individual shall be present at all stages of the hearing, except during deliberation in appropriate circumstances.

(b) The individual shall present their own case to the hearing officer. If there is a language or communications barrier, the hearing officer shall appoint an advisor.

(c) The individual may have an attorney present at their hearing upon case-by-case determination by the hearing officer if one is warranted.

(d) The individual may testify during the hearing or remain silent, and their silence will not be held against them.

(e) The partial confinement individual may, in preparation for the hearing, ask the hearing officer that certain department or contract staff members, other partial confinement individuals, and other persons be present as witnesses at the hearing. The hearing officer shall grant such request if it is determined by the hearing officer that to do so would not be unduly hazardous to the partial confinement safety or correctional goals: Provided, however, limitations may be made by the hearing officer if the information to be presented by the witnesses is deemed to be irrelevant, duplicative, or unnecessary to the adequate presentation of the partial confinement individual's case.

(2) Attendance at the hearing shall be limited to parties directly concerned. The hearing officer may exclude unauthorized persons.

(3) Hearings shall be recorded and a copy of the recording maintained in accordance with the statewide retention schedule.

(1) At any time after having been served with an allegation providing the basis for a proposed disciplinary action, the individual may choose to waive their right to a hearing by signing an admission of the allegation and request that the hearing be dispensed with entirely or limited only to questions of disposition. Also, the individual may waive, in writing, the 24-hour notice.

(2) The individual may admit in writing to part of the allegations and thereby limit the scope of the hearing.

(3) In those cases where the allegation involves misbehavior or other culpability on the part of the individual, they shall be advised in writing that in admitting the violation and waiving the hearing, a report will be submitted which may result in the loss of partial confinement status, good time credits and/or the extension of the minimum term.

(1) All relevant and material evidence is admissible which, in the opinion of the hearing officer, is the best evidence reasonably obtainable having due regard for its necessity, availability, and trustworthiness.

(2) All evidence material to the issues raised in the hearing shall be offered into evidence. All evidence forming the basis for the hearing officer's decision in a matter shall be offered into evidence.

(3) The partial confinement individual shall be allowed to call witnesses approved by the hearing officer pursuant to WAC 137-56-180 (1)(e) and to present documentary evidence in their defense at the hearing when permitting the partial confinement individual to do so will not be unduly hazardous to the partial confinement program's safety or correctional goals unless the testimony to be presented by the witness and/or the information desired to be presented is deemed by the hearing officer to be irrelevant, immaterial, unnecessarily duplicative of other information and/or testimony before the hearing officer, or otherwise found to be unnecessary to the adequate presentation of the partial confinement individual's case. The testimony of all witnesses from outside the partial confinement program shall be considered in writing. In the event the hearing officer determines that the presence of a witness is appropriate, the hearing officer should call the witness, or in its discretion, may continue the hearing if the witness is unavailable, but will become available within a reasonable period of time: Provided, however, that if the witness is unavailable, the hearing officer may, at their discretion, consider the written testimony previously submitted.

(4) The partial confinement individual may question witnesses against them at the discretion of the hearing officer. If the hearing officer determines that a source of information would be subject to risk or harm if their identity were disclosed, testimony of the confidential source may be introduced by the testimony of a staff member. The confidential testimony may be provided by the source or by the written and signed statement of the source. If the staff member to whom the source provided information is unavailable, the written statement of this staff member may be used. The hearing officer shall, out of the presence of all partial confinement individuals and off the record, identify the confidential source, and how the testifying staff member received the confidential information. The staff member presenting the information from a confidential source shall identify the source and the circumstances surrounding the receipt of the confidential information to the hearing officer, off the record. The hearing officer shall make an independent determination regarding the reliability of the confidential source, the credibility of the confidential information, and the necessity of not revealing the source of the confidential information. In determining whether the confidential source is reliable and the confidential information is credible, the hearing officer should consider all relevant circumstances including, but not limited to:

(a) Evidence from other staff members that the confidential source has previously given reliable information;

(b) Evidence that the confidential source had no apparent motive to fabricate information;

(c) Evidence that the confidential source received no benefit from providing the information;

(d) Whether the confidential source is giving first-hand information;

(e) Whether the confidential information is internally consistent and is consistent with other known facts; and

(f) The existence of corroborating evidence.

The hearing officer shall also determine whether safety concerns justify nondisclosure of the source of confidential information. The reliability and credibility determination and the need for confidentiality must be made on the record.

(5) Documentary evidence, including written statements submitted by interested parties on behalf of the individual, may be received. Such evidence may include copies of documents, excerpts from documents and incorporation of written material by reference, including depositions.

(6) The hearing officer should determine if the individual is competent to understand the charges and proceedings or needs an interpreter to participate therein. If the individual is not competent or needs an interpreter, the hearing officer should postpone the hearing to secure a report on the competency of the individual, provide an interpreter, or take such other action as will assure the fairness and orderliness of the hearings.

(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.

(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.

(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.

(2) Nothing in this section shall preclude subsequent reclassification of the partial confinement individual or placement into administrative segregation if demonstrable cause exists to support this action and is approved by the administrator.

(3) The hearing officer shall notify the individual orally within one working day and confirm the decision in writing within five working days. The written decision shall specify the evidence upon which the hearing officer relied and shall include a description of the circumstances surrounding the allegation(s) upon which the termination of the partial confinement is based, the reasons for the decision, a discussion of the individual's personal culpability in the actions which have led to the termination, and an evaluation of the individual's progress, attitudes, need for further programs including reentry center alternatives.

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.

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).