WSR 00-24-032

PROPOSED RULES

DEPARTMENT OF CORRECTIONS


[ Filed November 29, 2000, 1:52 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 137-04-010 Definitions and 137-04-020 Structure of the department.

Purpose: To update the WAC to reflect the current organizational structure of the Department of Corrections.

Statutory Authority for Adoption: RCW 42.17.250.

Statute Being Implemented: RCW 42.17.250.

Summary: The amendment to this rule revises the definitions and the organizational structure of the department.

Reasons Supporting Proposal: To make the WAC consistent with the current reorganization of the Department of Corrections.

Name of Agency Personnel Responsible for Drafting: John R. Nispel, 410 West 5th, P.O. Box 41114, Olympia, WA 98504-1114, (360) 586-2160.

Name of Proponent: Department of Corrections, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Update the existing WAC to reflect the current organizational structure of the department.

Proposal Changes the Following Existing Rules: Changes the definitions and the description of the organizational structure of the department.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The reorganization of the department will not impact any business entities.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These amended rules apply only to internal operations of the Department of Corrections and are not subject to violation by a nongovernmental party.

Hearing Location: Department of Corrections, 8th Floor Conference Room, 410 West 5th Avenue, Olympia, WA 98504, on January 11, 2001, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact John Nispel by January 2, 2001, (360) 586-2160.

Submit Written Comments to: John R. Nispel, 410 West 5th, P.O. Box 41114, Olympia, WA 98504-1114, fax (360) 586-2160, by January 9, 2001.

Date of Intended Adoption: January 13, 2001.

November 13, 2000

Joseph D. Lehman

Secretary

OTS-4265.2


AMENDATORY SECTION(Amending Order 82-3, filed 1/26/82)

WAC 137-04-010   Definitions.   As used in this title:

     (1) "Secretary" means the secretary of the department of corrections.

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

     (3) "Inmate" or "offender" means any person committed to the custody or under the jurisdiction of the department((, including but not limited to persons residing in a correctional institution or facility and persons released on furlough or work release.

     (4) The term "resident," as well as inmate, is used to designate a person on parole or probation status residing at a community residential facility)).

[Statutory Authority: RCW 42.17.250.      82-04-023 (Order 82-3), § 137-04-010, filed 1/26/82.]


AMENDATORY SECTION(Amending Order 82-3, filed 1/26/82)

WAC 137-04-020   Structure of the department.   (1) The executive head of the department is the secretary who is appointed by the governor with the consent of the senate, and serves at the pleasure of the governor.      The secretary manages the department and is responsible for the administration of adult correctional programs, including but not limited to the operation of all state correctional institutions or facilities used for the confinement of convicted felons.

     (2) The department is organized into ((four divisions which are headed by directors)) three offices: The office of the secretary; the office of correctional operations; and the office of administrative services. The office of correctional operations and the office of administrative services are headed by deputy secretaries who report to the secretary.      The responsibilities of these ((divisions)) offices are:

     (a) The office of the secretary is responsible for providing a variety of services for the department, including, government relations and constituent affairs, public information, planning and research, quality programs, workplace diversity, and victim witness and community protection.

     (b) The ((division of prisons)) office of correctional operations is responsible for the supervision of adult felony offenders placed under the department's jurisdiction by the superior courts or the indeterminate sentencing review board and the operation of all ((state)) adult correctional facilities, including the Washington State Penitentiary; the Washington Corrections Center; the ((Washington state reformatory; the McNeil Island penitentiary; the Purdy treatment center for women; the Cedar Creek corrections center; the Clearwater corrections center; the Firland correctional center; the Indian Ridge treatment center; the Larch corrections center; the Olympic correctional center; the Pine Lodge correctional center; the special offender center; and such other state correctional institutions, camps or facilities as may hereafter be established pursuant to law under the jurisdiction of the department for the confinement of convicted felons.

     (b) The division of community services is responsible for community based services such as probation and parole and work/training release)) Monroe Correctional Complex; the McNeil Island Corrections Center; the Airway Heights Corrections Center; the Clallam Bay Corrections Center; the Stafford Creek Corrections Center; the Washington Corrections Center for Women; the Cedar Creek Corrections Center; the Coyote Ridge Corrections Center; the Larch Corrections Center; the Olympic Corrections Center; the Ahtanum View assisted living facility; the Pine Lodge prerelease facility; the Tacoma prerelease facility; and such other state correctional institutions, camps or facilities as may hereafter be established. The office of correctional operations is also responsible for the supervision of adult felony offenders within the community, including offenders in the work release program and other community residential programs. The office also administers correctional industries, all offender programs, and policy.

     (c) The ((division of management and budget)) office of administrative services is responsible for providing a variety of services to the other ((divisions and)) offices of the department including ((budget and accounting, management information systems, research and analysis, management services, internal audit, and contracts and regulations.

     (d) The division of institutional industries is responsible for providing a comprehensive work program for inmates, including free venture industries, tax reduction industries, institutional support industries, community work industries, and community service programs.      All inmates working in prison industries are paid a wage and contribute to the cost of corrections.      Inmates are assigned to these programs based on skills, aptitude, and experience.

     (3) Also reporting to the secretary are the chiefs of personnel services, legal services, public information, special investigations, assistant secretary for program development, and legislative liaison and supervisor of internal audits)) financial and management services; information technology; capital planning and development; siting; rules, contracts, and public disclosure; human resources; and risk management and safety.

[Statutory Authority: RCW 42.17.250.      82-04-023 (Order 82-3), § 137-04-020, filed 1/26/82.]

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