WSR 01-04-001

DEPARTMENT OF CORRECTIONS


[ Filed January 24, 2001, 1:12 p.m. , effective February 22, 2001. ]

     Reviser's note: The following material has not been adopted under the Administrative Procedure Act, chapter 34.05 RCW, but has been filed in the office of the code reviser and is published in the Register exactly as filed.

     Following is an amendment to chapter 137-52 WAC, Resident of adult correctional institution escorted leave of absence. This amendment is submitted for publication in the Washington State Register and the Washington Administrative Code. Pertinent information follows:

     1. The amendment to chapter 137-52 WAC, Resident of adult correctional institution escorted leave of absence, is adopted as of January 22, 2001.

     2. The effective date of this amendment shall be February 22, 2001.

     3. I certify pursuant to RCW 34.05.030 that the rule as stated above is excluded from the Administrative Procedure Act.

Joseph D. Lehman

Secretary

OTS-4606.1


AMENDATORY SECTION(Amending Order 85-07, filed 3/19/85)

WAC 137-52-010   Definitions.   (1) "Escorted leave" is an approved leave of absence by an inmate from a correctional facility under the continuous supervision of trained correctional staff.

     (2) "Immediate family" includes an inmate's parents, stepparents, parent surrogates, grandparents, legal guardians, spouse, brothers, sisters, half or step-brothers or sisters, children, stepchildren, and dependents whether or not in direct lineal relationship to the inmate.

     (3) "Indigent" shall be understood to mean an inmate who has not been credited with five dollars or more total from any source(s) for deposit to the inmate's trust fund account during the thirty days preceding the request for an escorted leave and has less than a five dollar balance in his/her trust fund account on the day the escorted leave is requested, or together with his/her immediate family cannot post a five hundred dollar bond to secure the repayment of the expenses of the escorted leave on the day the escorted leave is requested. A declaration of indigency shall be signed by the inmate and the inmate's family on forms provided by the department.

     (4) "Director" means the ((director of the division of prisons)) deputy secretary of the office of correctional operations or his/her designee(s).

     (5) "Superintendent" means the superintendent of a state correctional institution, state honor camp, or other penal institutions as now or hereafter established under the jurisdiction of the department of corrections pursuant to law or his/her designee.

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

     (7) "Secretary" means the secretary of the department of corrections or his/her designee(s).

     (8) "Nonviolent offender" means any person convicted of a felony not classified as a violent offense under chapter 9.94A RCW.

[Statutory Authority: RCW 72.01.380. 85-07-042 (Order 85-07), § 137-52-010, filed 3/19/85. Formerly WAC 275-85-005.]

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