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Old 05-11-2006, 11:47 AM
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Default WA DOC Policy Offender Classification

Please check the Washington DOC website for regular updates:
http://www.doc.wa.gov/Policies/default.aspx?show=100


WA DOC Policy Offender Classification

300.380 Classification


Offender Facility Plan and Event Driven Classification Instructions


Criminal History Format - Recommended


Document Search Procedure


Override Reasons/Decisions


300.500 Work Release Screening


300.550 Graduated Community Access


310.000 Orientation for Offenders


310.100 Intake


Administrative Bulletin AB-05-001


310.610 DNA Samples


320.100 Indeterminate Sentence Review Board (ISRB) Reports


320.110 Community Custody Board (CCB)/.420 Hearings


Notice to Community Custody Board Offenders


Your Statement


320.145 Violator Confinement in Department Facilities


320.150 Disciplinary Sanctions


Disciplinary Sanction Table for Prison and Pre-Release


Disciplinary Sanction Table for Work Release


320.155 Violation Process/Violations of Conditions


Offender Behavior Response Guide


Distribution of Hearing Documents


320.160 Tolling of Supervision in the Community


Tolling Authority and Time Frames


320.165 Community Custody Violator Sanction to Work Release


320.200 Administrative Segregation

320.250 Intensive Management/Treatment Status Placement/Transfer/Release


320.255 IMU/ITU/Segregation/Mental Health Segregation Operations


Intensive Management Unit Program Activities Grid/Administrative Bulletin AB-06-001


320.400 Risk Assessment Process


Risk Management Identification (RMI) Criteria


320.410 Risk Management Teams


320.420 Offender Accountability Plans


Offender Accountability Plan (OAP) Section Descriptions


320.460 Monitoring Offender Community Activities


320.460 Monitoring Offender Community Activities


320.500 Youthful Offender Program


330.700 International Transfer of Offenders


International Treaty Transfer Process Flow Chart


Participants in the International Prisoner Transfer Program


350.100 Earned Release Time


350.200 Risk Based Transition for Offenders


Document Search Procedure


P194 LSI-R RM-D Transition Reassessment


Monetary Release Procedure


Offender Accountability Plan with Transition Plan Procedure


Risk Management A - D Timelines


Risk Management Intensive Transition Timeline


RM-D OMMU Referral and Release Procedure

Transition Process Offender Discussion Guide


350.240 Ten Day Release


350.250 Order of Release and/or Transfer to Community Custody


350.255 Registration Notification


350.300 Mutual Agreement Program


Mutual Agreement Program (MAP) Guide (Example Mutual Agreement Plan)


350.380 Discharge/Termination of Supervision


350.500 End of Sentence Review/Post Confinement Review


350.700 Deportation Proceedings Notification


380.200 Community Supervision of Offenders


380.240 Field Contacts


380.250 Use of GENIE/KIOSK In Offender Supervision


Administrative Bulletin AB-05-001


380.300 Supervision of Conditionally Released Offenders


380.420 Firearm Possession by Offenders


Washington State Patrol District Offices


380.540 Personal Vehicle Use by Offenders


380.550 Driver's License/Washington State Identification Cards for Offenders


380.600 Transfers for Community Offenders


380.605 Interstate Compact


380.605 Interstate Compact Attachments



380.650 Travel for Community Offenders


390.600 Imposed Conditions

Last edited by PattiD1157; 06-18-2006 at 05:03 PM..
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Old 05-13-2006, 09:29 AM
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Default 300.380 Classification

TITLE CLASSIFICATION

SUPERSESSION: DOC 300.380 effective 5/8/02

REFERENCES:

DOC 100.100 is hereby incorporated into this Policy Directive; RCW 9A.40; RCW 9A.44; RCW 9A.64; RCW 9.68A; RCW 9.79; RCW 9.94A; ACA 4-4286; ACA 4-4295; ACA 4-4302; ACA 4- 4306; ACA 4-4444; ACA 2A-08; ACA 5A-03; ACA 5A-04; ACA 5A-06; DOC 300.500 Work Release Screening; DOC 320.100 Indeterminate Sentence Review Board Reports; DOC 320.200 Administrative Segregation; DOC 320.250 Intensive Management Unit (IMU) Placement/Transfer/Release; DOC 320.410 Offender Risk Management; DOC 350.100 Earned Release Time; DOC 350.200 Risk Based Transition for Offenders; DOC 350.240 Ten Day Release Denial; DOC 350.255 Registration Notification; DOC 390.600 Imposed Conditions; DOC 590.300 Resource and Program Management; Custody Classification Guide 1993

POLICY:

I. The Department shall ensure that classification is a risk management tool with the goal of placing offenders in the least restrictive custody designation while meeting the need to provide for the safety of the public, staff, and offenders. An objective scoring system is used as a basis to evaluate offenders' risk to themselves, the community, staff, other offenders, facility guests and visitors, and the orderly operation of the facility. The scoring is designed to be easily understood by staff and offenders.

II. The classification system is designed to encourage offender participation in work, education, treatment, and vocational programming in a manner, which results in movement to less restrictive custody. Negative behavior is discouraged by providing consequences for infractions, detainers, escapes, and refusal to program. The system is designed to assist offenders in understanding how conduct and program efforts affect their custody designation and facility placement assignment. [4-4444]

III. Classification has 3 components: Assignment of custody designation, assignment of facility placement, and an offender risk assessment that results in the subsequent development of the offender’s facility plan. Classification begins with the Reception Center process for assignment of an Initial Custody Designation (ICD) and facility placement.

DIRECTIVE:

I. Security Level is the Facility Designation
A. The appropriate levels are:
1. Security Level 5: Intensive Management Unit (IMU) housing,
2. Security Level 4: Close custody unit housing,
3. Security Level 3: Medium (MED) and Minimum 3 (MI3) custody unit housing,
4. Security Level 2: Minimum 2 (MI2) or Minimum P (MIP) Pre-Release custody unit housing and MI3 for Washington Corrections Center for Women (WCCW), and
5. Security Level 1: Minimum 1 (MI1) Work Release housing.
II. Initial Custody Designation/Classification

A. [4-4286] DOC 21-110 Initial Custody Designation will be completed and entered on Offender Based Tracking System (OBTS) DI88 at the Reception Centers for all newly committed offenders, re-admissions, revoked parolees, out of state boarders, DOSA revokes, and Work Ethic Program offenders terminated from community placement. The offender will receive a copy of the completed DOC 21-110 Initial Custody Designation.
1. The following elements of the offender's behavior/history will be reviewed:
a. Department crime category,

b. History of violence,

c. Detainers,

d. Escape history (i.e., escape from custody such as willful failure to return to Work Release, escape from a minimum facility, escape from a walled facility perimeter, escape from a county jail, juvenile escapes adjudicated through a court proceeding, bail jumping, failure to appear after release from personal recognizance, felony eluding, and adjudicated escapes from community custody. The following should not be scored as escape history: absconding from parole, community or post-release supervision, absent without leave (AWOL) from the military, non-adjudicated juvenile, or community custody escapes), and

e. Age.
2. A cumulative score will determine the ICD, unless overridden.

3. Reception staff will assess and document basic program needs (i.e., General Education Development (GED) completion, chemical dependency, mental health, and sex offender treatment).

4. Based on the ICD score, reception staff recommendations, and the basic program needs assessment, the ICD, including overrides, and the initial facility placement will be assigned by the Chief of Classification/designee.
a. An override should be recommended if the facts of the case, including the offender's conviction and time structure, make him/her eligible for other than the scored custody.

b. Adjudicated delinquent offenders and youths charged with offenses that would not be crimes if committed by adults do not reside in an adult facility. [4-4306]
B. DOC 21-148 Criminal History Summary (CHS), to include wants and warrants, will be completed at reception on:
1. All offenders who score minimum and have less than 4 years to their Earned Release Date (ERD),

2. All youthful offenders regardless of time left to serve,

3. Offenders who score medium or close and are within 2 years of their ERD, and

4. All other offenders if an override is being requested.
C. Offenders sentenced to death will be imprisoned at the Washington State Penitentiary (WSP) or WCCW and:
1. At initial classification, will be classified maximum custody for at least the first year of incarceration.

2. Cannot be assigned custody lower than close.

3. Will be confined in a single-person cell.
D. Murder 1 offenders and Life Without Parole (LWOP) offenders, including persistent offenders, who have served less than 4 years in the Department on their sentence, cannot be assigned custody lower than close.
1. LWOP offenders may not be assigned custody lower than medium without the written approval of the Office of Correctional Operations (OCO) Deputy Secretary/designee.

2. Placement is restricted to WSP, MCC-WSRU, CBCC, MCC-SOU, all Intensive Management Units (IMU), and WCCW main facility unless written approval for other placement is granted by the OCO Deputy Secretary/designee.
E. Any time there is new information regarding any of the categories in the CHS, or ICD scoring factors, or for offenders who have more than 4 years left to serve at the time of initial classification, the assigned Counselor/staff will conduct an immediate review to determine if this information results in a change in custody level designation.
1. A new ICD will be completed if a new custody designation is assigned that is not consistent with the current facility placement. The Headquarters Classification Unit must be contacted to determine an appropriate placement.

2. This new information will be included at the next classification review.
F. Appeals for initial classification decisions may be made to the Chief of Classification. The Chief's decision regarding the appeal is final.

III. Intake Classification Review Timeframes

A. An intake classification review will be conducted within 30 days of the offender’s arrival at the initial placement from reception. This will result in the development of a facility plan for the offender and be documented on DOC 20-030 Classification Referral. Content of the intake/facility plan will include targeting: [4-4295] [5A-03]
1. Custody
a. Other than minimum,
b. MI3,
c. MI2,
d. MIP, and
e. MI1.
2. Placement
a. Major facility,
b. MI3 placement (A08),
c. MI2 placement (A03),
d. MIP placement (A04), and
e. Work Release (specific facility).
3. Program
a. Basic skills,
b. Jobs/work program,
c. Offender change programs, and
d. Vocational.
4. Additional Expectations
a. Risk-related Court and Department imposed conditions per DOC 390.600 Imposed Conditions,
b. Risk-related classification expectations, not Department imposed conditions,
c. Psychological evaluations, and
d. Other (e.g., extended family visitation, no contact orders).
B. Additional content and format guidelines for the intake/facility plan will be per the Offender Facility Plan and Event Driven Classification Instructions (attached).

C. At the intake classification, the earliest an offender’s ICD can be targeted for change and recommendations made for custody and placements is:
1. 6 months from their time start date for offenders with 5 years or less to ERD,

2. One year from their time start date for offenders with more than 5 years to ERD, and

3. Subsequent custody promotions and placements may be targeted based on the offender’s eligibility (i.e., time structure, custody review score, and Policy) and anticipated compliance with their facility plan.
D. Exceptions to the timeframes for the earliest change to the offender’s ICD include:
1. LWOP must serve the first 4 years at close custody,

2. Inmate Subject to the Death Penalty (ISDP) will be initially housed on Intensive Management Status (IMS) with Max. custody/Max. close custody and death row, and

3. Minimum custody for MI2, MIP, or MI1 placement when:
a. Minimum custody requires a psychological evaluation,
b. Minimum custody requires Headquarters Community Screening Committee (HCSC) if community risk or mental health (HCR/HMH) overrides are required, or
c. Other Office of Correctional Operations (OCO) Classification Unit override requests made by the facility may preclude other than MI3 custody assignment.
E. All offenders will be reviewed annually until the offender is assigned a Risk Management (RM) level for transition from the facility at 18 months or less from ERD. [4-4295] The first annual review will be calculated from the date the intake classification was initiated on OBTS DI89. All subsequent annual reviews will be calculated from the date that the previous regular or plan change review was initiated on OBTS DI89.
1. Offenders will be transitioned from the facility to the community per the time frames and process in DOC 350.200 Risk Based Transition for Offenders.

2. When offenders enter transition time frames, the regular review schedule will change and be based on the offender’s RM classification:
a. RM-A – quarterly,
b. RM-B – semi annual,
c. RM-C – annual, or
d. RM-D – annual.
F. All regular (R) reviews will be documented on OBTS DI89 and DT37.

G. Significant changes (i.e., infraction behavior, detainers, escapes, new felony conviction, or new information regarding criminal history/behaviors, etc.) that will require a new DOC 20-030 Classification Referral facility plan will result in an immediate plan change (P) review. [5A-04]
1. After an infraction has been entered on OBTS DI46, the Counselor or another designated staff shall calculate the custody score using OBTS DI89 to determine if custody should be changed.
a. If custody is to be changed, a classification meeting may be held with the offender and an updated facility plan on DOC 20-030 Classification Referral, if required, shall be completed. The action shall be documented on OBTS DI89 and DT37. The DT37 should address the infraction behavior and a summary of the offender's adjustment since the last review.

b. Custody designation may only be changed as a result of a classification Facility Risk Management Team (FRMT) meeting.
1). Within Prisons, a classification meeting is a separate process from the disciplinary hearing. Custody change is not a disciplinary sanction.

2). Within Pre-Release and Work Release facilities, the custody classification process may occur following the disciplinary hearing. Custody designation may change.
H. All plan change (P) reviews will result in a new facility plan, documented on DOC 20-030 Classification Referral, OBTS DI89, and an updated DOC 21-148 Criminal History Summary, if charged, and OBTS DT37. Plan change reviews will affect the next scheduled regular review. The next regular review will be scheduled:
1. A year from the date the plan change review was initiated if the offender is not within transition time frames, or

2. Per the schedule for the next transition time frame review based on the offender’s RM classification if the offender is within transition time frames.
I. Previously targeted custody may result in a custody designation and facility placement change on the date established through classification and documented in the facility plan on DOC 20-030 Classification Referral, but will not alter the established review schedule.

J. Exception (X) type reviews may be conducted between regularly scheduled classification reviews at the discretion of classification staff to facilitate transfer of offenders.

K. Offenders who demonstrate chronic behavioral problems, have verified protective custody concerns, or pose a serious threat to the safety of staff or other offenders through a pattern of violent or seriously disruptive behavior may be referred for maximum custody and IMS by the process outlined in DOC 320.200 Administrative Segregation.
1. Regularly scheduled reviews will be conducted and documented on OBTS DI89 on offenders in administrative segregation or IMS.
IV. Classification Reviews

A. All regular review and plan change classification reviews will be coordinated by the assigned Counselor/facility Community Corrections Officer (CCO) through the FRMT. The FRMT is defined in DOC 320.410 Offender Risk Management.
1. All FRMT plan change classification review recommendations will be reviewed by a review committee/designated reviewer who will forward a recommendation to the Superintendent/designee. FRMT regular review type classification reviews do not require secondary review provided there is no change to the facility plan.

2. The Superintendent/designee will make the final decision on plan change reviews unless:
a. The case is referred to HCSC or an override request requires Chief of Classification approval, or

b. Maximum custody assignment and the placement and/or release from IMS are approved as specified in DOC 320.250 Intensive Management Unit (IMU) Placement/Transfer/Release.
B. An offender will be notified at least 48 hours in advance of a classification review and will, whenever possible, have the opportunity to meet with the FRMT. [4-4302]
1. Custody designation, placement assignment, and the facility plan will be addressed. Custody and placement requests should be consistent with the facility plan.

2. Other issues which may need to be addressed by the FRMT are:
a. Review of all Sentence Reform Act (SRA) offenders for 10-day release consideration per DOC 350.240 Ten Day Release Denial at the classification review scheduled prior to 6 months from the offender’s anticipated release date,

b. Validation at least annually of the offender’s Earned Release Time, per DOC 350.100 Earned Release Time,

c. .100 parolability reports for the Indeterminate Sentence Review Board (ISRB) per DOC 320.100 Indeterminate Sentence Review Board Reports,

d. Transfers for participation in programs related to facility plan objectives,

e. Transfers for medical/dental/mental health issues,

f. Validation of the electronic file, and

g. Other custody and placement issues identified by the facility or requested by the offender.
C. The following reports will be completed as part of the classification process and a copy provided to the offender:
1. DOC 21-110 Initial Custody Designation or DOC 05-095 Custody Review,
and/or

2. DOC 20-030 Classification Referral, only when the facility plan changes.
D. Offenders may appeal classification recommendations and decisions made to the Superintendent at the facility where that action occurred. The Superintendent’s decision is final. Appeals on interstate placement are made to the Department Secretary.

E. CHS shall be completed at the first regularly scheduled classification review at the receiving facility if a CHS was not completed as part of the admission process.

F. The Work Release FRMT will review each offender’s release plan, adjustment, and status in the step system.
1. Staff will notify the offender of the classification schedule. Offenders will be allowed to participate in the classification meeting if they choose. [5A-03]

2. Offenders will be notified by staff of their right to appeal the classification actions in writing within 48 hours to the facility Supervisor.

3. Facility Supervisors will respond to the offender’s written appeal within 5 working days of receipt.

4. Staff will document action taken on OBTS DT37 using a “CA” chrono entry.

5. [5A-06] The facility Supervisor has the authority to remove or transfer an offender from the program when there are substantial reasons to justify removal. When transfer is requested, staff will:
a. Ensure a transfer order has been finalized for transfers from Work Release to Pre-Release or Prison, and
b. Ensure an order of classification move is approved for transfers between Work Release facilities.
V. Custody Designation

A. Counselor/designated staff may complete DOC 05-095 Custody Review and use OBTS DI89 to determine the scored custody designation. For custody demotions and overrides, the classification review committee will make a recommendation to the Superintendent.
1. The offender's crime, time structure, and facility plan requirements must be reviewed against the custody level designation to ensure the offender is eligible for the scored custody.

2. If the offender is not eligible, but the facility has information that indicates the custody demotion is appropriate, an override should be requested.
B. OBTS DI89 may be used to confirm the offender’s eligibility for a previously targeted custody promotion. If, after review of the electronic and central file, and contact with the Hearing Officer and other appropriate facility staff the offender remains eligible for a previously targeted custody, the assigned Counselor/CCO will complete DOC 05-095 Custody Review and assign the previously targeted custody on OBTS DI89. The Counselor/CCO will make a corresponding OBTS DT37 entry documenting the offender’s adjustment since the last review and the action just taken.

C. Offenders in administrative segregation for protective custody reasons may be considered for custody promotion during their regularly scheduled review. If a review did not occur during administrative segregation status and infractions did not occur to cause a custody demotion, the offender will remain on the previous custody level until the regularly scheduled review.

VI. Minimum Custody Referrals

A. If an offender’s PULHES codes conflict with the approved facility profile, the referral will be initiated; however, placement must be negotiated prior to the transfer being finalized.

B. All offenders assigned or targeted for MI3, except those needing placement in a special needs unit will be referred for placement using OBTS DI66.
1. The earliest transfer date will be set to the date targeted for the offender’s assignment of MI3 custody.

2. Offenders who have been referred for civil commitment as part of the End of Sentence Review (ESR) process are precluded from being designated any level of minimum except MI3.

3. Offenders who have been referred for civil commitment during a previous incarceration and returned to the Department’s custody require approval of the OCO Deputy Secretary/designee to receive minimum facility placement.
C. Offenders should be targeted for MI2 custody and placement at a level 2-security facility at 4 years from ERD.
1. If the offender meets the criteria for Long Term Minimum (LTM) MI2, s/he may be referred for MI2 and placement at McNeil Island Corrections Center (MICC) North Complex at 6 years from ERD.

2. Immigration and Customs Enforcement (ICE) detainees may not be placed at MI2 or a less restrictive security level placement prior to serving 6 months in a major facility. Offenders who have been previously deported may not be assigned less restrictive custody than MI3.

3. Offenders shall be referred for placement using OBTS DI66.
a. The destination code is A03, and
b. The earliest transfer date will be set to the date targeted for the offender’s assignment of MI2 custody.
4. If an offender refuses transfer to an MI2 facility, his/her custody must be demoted.
D. Offenders should be targeted for MIP custody and placement at a Pre-Release facility 2 years from ERD.
1. All offenders assigned or targeted for MIP or MI1 custody will be referred for Pre-Release placement.

2. Transfer requests will be made using OBTS DI66.
a. The destination code is A04;
b. The earliest transfer date will be set to the date targeted for the offender’s assignment of MIP custody,
c. The transfer priority will be set at priority one pending screening (1P), and
d. The special concern section of OBTS DI66 will be used to indicate the recommended final priority for placement (i.e., 1, 6, or 9).
3. If an offender refuses transfer to a MIP facility, his/her custody must be demoted to MI3 or higher and s/he may be infracted.
E. Offenders will be targeted for assignment of MI1 custody and Work Release placement 6 months from release or expiration of mandatory minimum term.
1. Offenders will be referred using OBTS DI66.

2. The destination will be the specific Work Release facility where the offender requests placement, except Seattle. All Seattle Work Release referrals will be made to destination 700. In most cases, the offender must plan to reside in the Work Release facilities catchment area.

3. The earliest transfer date will be set to the date targeted for the offender’s assignment of MI1 custody.

4. Facility staff shall send DOC 20-047 Community Release Plan Packet Checklist and packet to the designated Work Release for screening per DOC 300.500 Work Release Screening.
a. Referrals for Seattle Work Releases are sent to the West Central Region Seattle Office.
5. After screening, the decision will be sent back to the facility where the offender is assigned and noted on OBTS DI66. [2A-08]

6. Any offender with an enhancement as a result of the Hard Time for Armed Crime initiative is not eligible for Work Release while serving the mandatory portion of his/her sentence. OBTS DI89 will not allow the assignment of MI1 during the mandatory.

7. Offenders refusing placement in Work Release must have their custody overridden to MIP or higher.
F. Facility staff must enter a custody hold on OBTS DI63 when targeting custody for future assignment. The transfer flag (T) for a custody hold must be set to no impact on transfer (N).
1. Once targeted, custody will be assigned when the offender is eligible for the reduced custody.

2. The electronic file must be reviewed and eligibility validated prior to the assignment of custody.

3. The offender’s model score must allow for the assignment of the targeted custody placement unless an override is requested and approved.
G. The Department will make discretionary decisions regarding the placement and movement of offenders to lower levels of custody based on the outcome of risk assessments and evaluations for Seriously Mentally Ill (SMI) and sex offenders convicted of registerable offenses per DOC 350.255 Registration Notification.
1. These evaluations will address, at a minimum:
a. Community threat or risk to self or others,
b. Any limitations on work capacity due to mental illness,
c. Escape risk,
d. Offender management issues, and
e. Offender health issues which would impact placement and, if known, decompensation pattern.
2. A psychological evaluation less than 2 years old is required prior to recommendation for minimum custody of MI2 or lower as specified in a Psychological evaluation request for:
a. Any offender being considered for designation as a Dangerous Mentally Ill Offender (DMIO).
b. Any offender who has been designated SMI or has current, serious mental health problems (i.e., has been on suicide or intensive watch, has been actively psychotic, or has been self-mutilating) within the past 90 days.
c. Developmentally disabled offenders who have unique management requirements relating to mental health.
3. All sex offenders entering the Reception Centers with less than 5 years to serve will be evaluated using the Washington State Risk Level Classification (RLC) rating scale.
a. Those posing a Level II or Level III risk will be subject to a complete sex offender psychological evaluation prior to placement in less than MI3 custody or release to community placement.
4. Sex offenders with more than 5 years to serve will be evaluated by facility psychological staff, using RLC rating scale, prior to release or reduction in custody or movement to less than an MI3 facility.

5. The sex offender risk evaluation shall be considered whenever decisions are made regarding custody, ESR, community placement, extended family visits, and Transition and Relapse Prevention Program (TARP) participation.

6. All sex offenders will be referred by their assigned Counselor for evaluation 5 years prior to the offender’s ERD. The Counselor will ensure the evaluations are completed no later than 6 months prior to the offender’s ERD.
VII. Overrides

A. Overrides may result in a demotion or promotion of scored custody. Overrides must be requested if:
1. The offender’s scored custody and time structure does not match the security level of the facility and a transfer is not being considered,

2. Staff feel that documented behavior, mental health issues, medical and/or dental needs, and/or program needs indicate another custody designation is more appropriate, or

3. An offender scores minimum and does not meet other criteria for minimum.
B. An override reason will be entered on OBTS DI89 by staff at the authorizing level.

C. Overrides will not be recommended to allow MI2 or less restrictive placement of offenders with untried felony or hard detainers for a violent felony.

D. Requests are submitted on DOC 20-030 Classification Referral or approved electronic referral.

E. The Override Reasons/Decisions (attached) outlines the various types of overrides, and authority for approval. Headquarters will not review overrides denied at the facility level.

F. MI2 facilities recommending an offender for override consideration to retain minimum custody or to assign MI3 custody may submit an electronic referral to the Headquarters Minimum Facility Screening Committee (MFSC). The Override request shall contain:
1. The offender's name,
2. DOC number,
3. Description of the behavior causing the custody score to change, and
4. The rationale for the override.
G. All override reasons must be entered on OBTS DI89 by staff at the authorized level.

VIII. Referrals to Headquarters Community Screening Committee

A. Any case may be referred to HCSC when the facility Superintendent/Supervisor has a serious concern regarding:
1. Public safety or community risk (HCR override),

2. Notoriety of the offense, and/or

3. Mental health issues that make placement at a level 2 or lower facility inappropriate (HMH override). A current mental health evaluation supporting the override recommendation and addressing community risk must be attached to the request.
B. A referral will be completed using DOC 20-030 Classification Referral or approved electronic referral and routed via the Headquarters Classification Unit.

C. A referral may result in a change in custody designation. The following actions require HCSC approval for MI2 custody or lower:
1. ISRB Disciplinary Hearing if initiated by Department staff,
2. Mutual Agreement Program development or modification,
3. .100 Hearing if initiated by Department staff,
4. Commutation of Sentence,
5. Referrals from Headquarters Correctional Program Managers (CPM),
6. Recommended denial of Work Release by Community Corrections staff, and
7. Custody promotions for those previously assigned a more restrictive custody by HCSC.
D. Placement decisions made by Headquarters Classification Unit are final. However, if the approved receiving facility has a concern not based on new information about the placement, the Headquarter Classification Program Manager will refer to HCSC for a final decision.

IX. Facility Placement Assignment

A. Facility placements should be targeted through the use of the offender’s facility plan. Recommendations for facility placement must consider:
1. Custody,
2. Security,
3. Program,
4. Medical/dental/mental health,
5. Offender’s facility plan, and/or
6. Other identified offender/facility needs.
B. Offenders should be placed at the lowest security level facility possible consistent with their custody designation.
1. When the offender’s assigned or targeted custody does not match current facility security level, a transfer request will be initiated.

2. If an offender is assigned or targeted for MIP or MI1 and is not already in an MI2 facility, a minimum facility referral should be made.

3. Notification felony detainers do not necessarily preclude movement to an MI2 facility. Seriousness of the behavior and length of time to be served on the detainer shall be considered if the referral is for less than MI3.
C. Exceptions may be considered if the transfer affects the offender’s ability to continue or complete a program and/or the stability and business needs of an industries program. This consideration shall not be used to delay or prohibit a transfer necessary for legitimate safety or security reasons.
1. Exceptions to the standards for transfer may be requested in writing by the Superintendent/designee to the Chief of Classification/designee.

2. Denials of exception requests must have the concurrence of the OCO Deputy Secretary.

3. Offenders enrolled in education/vocation programs will be allowed to complete the school quarter. Offenders participating in time-limited, structured self-help programs (i.e., Chemical Dependency, Victim Awareness, Anger/Stress Management, etc.) may be retained at the current facility pending program completion.
D. The FRMT will notify Class I or Class II industries Program Supervisors of possible offender transfer at the time of classification. Correctional Industries (CI) Program Supervisors may request the Superintendent defer transfer for up to 90 days from the date of notice. If deferral is authorized by the Superintendent, a Critical Institution Need (CIN) hold will be placed and the earliest transfer date updated in OBTS.

E. Eligible offenders who refuse assignment to a designated facility, other than Work Release, will be infracted for refusing to work/program. This may also result in review of the offender's assigned program and loss of earned time per DOC 350.100 Earned Release Time.

F. Offenders within 30 days of release will not be transferred except:
1. Eligible offenders may move to Work Release and/or Pre-Release; or

2. High Risk Transition cases may be moved if requested through an RMIT Team per DOC 350.200 Risk Based Transition for Offenders.
X. Programming

A. Programming issues must be addressed and documented for all offenders through the classification process using DOC 20-030 Classification Referral. [4-4295]
1. The assigned Counselor/CCO in conjunction must develop the facility plan with the offender and the FRMT.

2. At each time-based and event-driven review, the offender’s compliance and progress with the facility plan will be reviewed and documented on OBTS DI89 and DT37.

3. An event-driven review also requires:
a. Documentation on DOC 20-030 Classification Referral, and

b. The facility plan to be updated and:
1). Reviewed by the facility review committee/reviewer who will make recommendations to the Superintendent regarding targeted actions, and

2). Reviewed and approved by the facility Superintendent/ Supervisor/designee.
B. When making programming/facility plan recommendations, staff shall consider:
1. The offender’s time structure and eligibility time frames for custody promotions and placement in less restrictive levels of security,
2. The OPBR generated at the Reception Center,
3. Any pre-sentence or post conviction risk assessment information,
4. Criminal history and offense-related behaviors,
5. Facility behavior/adjustment,
6. Concerns expressed by the offender,
7. Recreational preference of the offender, and
8. Any policy based requirements.
C. When establishing goals and steps for the facility plan, the offender’s eligibility date for placement in a minimum facility must be considered.

D. The completion date for education programs should not interfere with an offender's transfer to a minimum facility.
1. Holds for completion of a program may be for no more than 90 days and will only be granted when the offender is in total compliance with his/her facility plan.
E. The facility plan shall be documented on OBTS, and supporting information on programming expectations and progress shall be documented on OBTS and DOC 20-030 Classification Referral.

F. Program referrals for offenders will be made using OBTS DE02 per DOC 590.300 Resource and Program Management.

G. At the time of any regular or plan change review, the offender may initiate request(s) for classification action(s) to be addressed at the review.

XI. Holds

A. When circumstances arise which temporarily impact an offender's eligibility for transfer, a hold will be placed on OBTS DI63. A completion/removal date must be provided.

B Regular and periodic reviews utilizing computer-generated batch reports (i.e., JET 21 report, IIS 68 hold reports, and other OTS and IIS reports) should be used to monitor cases and assist in identifying and removing holds when appropriate.

DEFINITIONS:

The following words/terms are important to this Policy Directive and are italicized and defined in the Glossary section of the Policy Directive Manual: Custody Designation; Custody Review; Detainer; Earned Release Date (ERD); End of Sentence Review (ESR); Facility Plan; Headquarters Community Screening Committee (HCSC); Offender Profile Battery Report (OPBR); Override; Review Committee; Time Start Date. Other ords/terms appearing in this Policy Directive may also be defined in the Glossary.

ATTACHMENTS:

Offender Facility Plan and Event Driven Classification Instructions
Criminal History Format – Recommended
Document Search Procedure
Override Reasons/Decisions
DOC FORMS (See Appendix):
DOC 05-095 Custody Review
DOC 20-030 Classification Referral
DOC 20-047 Community Release Plan Packet Checklist
DOC 21-110 Initial Custody Designation
DOC 21-148 Criminal History Summary
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Default Offender Facility Plan and Event Driven Classification Instructions

Offender Facility Plan And Event Driven Classification Instructions

CHS, DOC 21-148 Criminal History Summary

CUSTODY and PLACEMENT
Time line of Policy-driven offender’s activity:

If 5 years or less, may be targeted for review and custody change 6 months from time start.

If more than 5 years to Earned Release Date (ERD) may be targeted for review and custody change one year from time start, except:
  • Life Without Parole (LWOP) (first 4 years at close custody);
  • Inmate Subject to the Death Penalty (ISDP) (Intensive Management Status/maximum custody (IMS/Max) first, then close custody and death row);
  • Minimum custody for Minimum 2 (MI2), Minimum P (MIP), Minimum 1 (MI1) placement
These levels of minimum custody may require:
  • A psychological evaluation; or
  • Headquarter Community Screening Committee (HCSC) if community risk or mental health (HCR/HMH) overrides are required.
  • Other Office of Correctional Operation (OCO) Classification Unit override requests made by the facility may preclude other than MI3 custody assignment.
Otherwise:
  • Medium – When, by custody model score and all other Policy criteria, the offender may be assigned medium custody and is not otherwise eligible for any level of minimum custody assignment.
  • MI3 – When, by custody model score and all other Policy criteria, the offender may be assigned minimum custody but is otherwise not time- or Policy-eligible for MI2, MIP, or MI1 custody. Refer for A08 and target the date MI3 custody will be assigned as the earliest possible transfer date.
  • MI2 – Targeted for and assigned at 4 years from ERD (if offender meets criteria for Long
  • Term Minimum (LTM) MI2, s/he may be referred at 5 years from ERD). Note: INS detainees may not be placed at MI2 or a less restrictive security level placement prior to serving 6 months in a major facility. (Refer for A03 and target MI2 custody assignment date as earliest possible transfer date.)
  • MIP – Targeted for and assigned at 2 years from ERD. Refer for A04; set targeted MIP custody assignment date as earliest possible transfer date. Set priority for transfer to 1P; indicate in the special concern field priority 1, 6, or 9.
  • MI1 – Targeted for and assigned at 6 months prior to ERD or expiration of mandatory minimum term if the offender meets the Work Release referral and placement criteria.
  • Build transfer request for specific Work Release facility. Set targeted MI1 custody assignment date as earliest possible transfer date.
LWOP

Offenders serving LWOP may not be assigned less than close custody for the first 4 years, then may be assigned medium custody. Placement is restricted to WSP, MCC-WSRU, CBCC, MCC-SOU, all-Intensive Management Units (IMU), and WCCW main facility unless written approval for other placement is granted by the OCO Deputy Secretary/designee. Offenders serving LWOP may NOT be assigned any level of minimum custody unless approved in writing by the OCO Deputy Secretary.

ADMINISTRATIVE SEGREGATION/IMS/MAXIMUM CUSTODY

Offenders placed in administrative segregation (Ad-Seg) and approved for placement on IMS and assigned MAX will be subject to the operational and classification requirements of DOC 320.200 Administrative Segregation, DOC 320.250 Intensive Management Unit (IMU) Placement/ Transfer/Release, and DOC 320.255 Intensive Management Unit/Segregation Unit Operations. The IMS transition plan will target program, custody, and placement that address the offender’s placement/transition into general population. At the first regular time-based review following release from IMS, the Facility Risk Management Team (FRMT) will develop the facility plan.

PROGRAMS

Programs will address programming from a general perspective from point of review to/through ERD, or until a foreseen activity precludes forecasting program opportunities any further (i.e., psychological evaluation due, etc.).

BASIC SKILLS

Currently, the Offender Based Tracking System (OBTS) generates an automatic referral for Basic Skills (B099). Using that referral and referral priority, this section should confirm the basic skills program referral in the facility plan when the offender’s priority for participation is 1 or 2 A or B priority. If the offender’s referral priority is a 1 or 2 I, the facility plan may reflect the offender’s referral to education staff for diagnostics/testing and assessment, and require the offender to participate in the education basic skills program as recommended by education staff. Or, the FRMT may refer for Basic Skills as a priority 3, space available.

Additional classification expectations may include, “participate as scheduled by the service provider until successful completion of GED” (if YOP, HSP).

OFFENDER CHANGE PROGRAMS

The offender will be referred for offender change program participation as approved by the Classification Counselor (CC) and/or FRMT based on:
  • Identified Judgement and Sentence (J&S) requirements/court ordered conditions;
  • Specific behaviors/risk identified through the Level of Service Inventory Revised (LSI-R) or other risk/needs assessment results which will mitigate the risk and management challenges the offender poses while incarcerated;
  • Observed/documented behaviors (i.e., infractions, observation reports, classification actions, etc.) which may be positively impacted through participation in specific program interventions and result in a more positive facility adjustment; and/or Depending on offense, specific crime-related issues (i.e., Chemical Dependency, Sex Offender Treatment, Anger Management, and Parenting, etc.).
Additional classification expectations may include, “When enrolled, you [the offender] will attend as scheduled through successful completion of the program.”

Referrals and programming requirements should be based on what is available on site and specifics should be documented via OBTS DE02. Specific program referrals need not necessarily be documented in this section.

This section will also be used to document “take medications if /as prescribed,” “maintain medication compliance,” and/or “compliance with counseling (one-on-one or group) therapy.”

VOCATIONAL (VOC) PROGRAMS

The CC/FRMT will set criteria for enrollment in VOC program. May include linkage to:
  • Functioning level (Basic Skills) progress/completion;
  • Offender change program attendance; and/or
  • Overall average or better adjustment including no serious infractions.
The CC will refer for vocational programming provided:
  • Facility/unit adjustment criteria (i.e., infractions, attitude, and compliance with other areas of the facility plan and posted facility/unit operation rules); and
  • Offender time structure and targeted custody promotions/transfers permit.
  • Note: If the offender has had one state paid vocational program, subsequent program referrals/enrollments may require the offender be financially responsible for part or full payment for the cost of the program.
JOBS/WORK PROGRAMS

Offender will be referred for a work assignment as approved by the CC/FRMT. “Upon assignment, you [the offender] are expected to work as scheduled and earn average or better work reports.”

The CC/FRMT may link Correctional Industries (CI) work assignments and CI work advancements (i.e., CI Class I or Class II work referrals/assignments) with specific adjustment milestones, such as:
  • Progress, functioning level advances in basic skills or completion of GED or HSD;
  • Other programs completion requirements;
  • Overall adjustment expectations (i.e., no serious infractions for X amount of time, etc.); and
  • Any additional criteria set by the CC/FRMT.
ADDITIONAL EXPECTATIONS

Imposed condition:
  • Court ordered (i.e., no contact with victim); and
  • Department imposed, per criteria in DOC 390.600 Imposed Conditions.
Mental Health evaluation:
  • Establish the date due, place a DI63 men hold (i.e., T flag set to N); and
  • The evaluation should be targeted for completion before the regularly scheduled review closest to one year prior to MI2 eligibility. This may be as far into the future as the plan can be taken until the evaluation is done.
Other:
  • Other classification expectations based on risk assessment or recent or recurring facility behaviors (i.e., increased urinalyses (UA), searches, phone monitoring, personal hygiene, and cell sanitation, etc.) expectations.
TRANSFERS

Positive Moves (like-level facility moves)

Sending Facility:
  • Check Separatee conflicts and facility prohibitions;
  • Makes e-mail/electronic request through OCO Classification Unit. The OCO classification Unit schedules the move. The offender moves.
  • Makes a DT37 adjustment chrono (i.e., CA chrono) entry.
Receiving Facility:
  • Reviews the offender’s facility plan upon arrival.
  • If no action is required and/or no plan change is required, the offender remains on his/her current schedule for reviews; or
  • If a plan change is required, a Plan change (P) review will be done
Suitability/Disciplinary Moves (may be like-level or custody demotions)

Sending Facility:
  • Makes a DI63 Accountability Plan Review (APR) hold entry with a due date 15 days from date of transfer request. (Note: Need an APR hold code added to the CITRHDRN code table) Set T flag to Y and location code to the sending location’s 3-character facility identifier (e.g., OCC=M01).
  • Makes a DT37 adjustment chrono entry (CA chrono entry).
  • Makes e-mail/electronic request through OCO Classification Unit.
  • When custody can be assigned prior to transfer, a DI89 X type placement review will be completed prior to transfer.
OCO Classification Unit Schedules Move

Receiving Facility:
  • Runs DA04 68 IIS reports semi-monthly. Catches APR hold and begins facility plan review provided all disciplinary processes have been completed (i.e., appeals etc.).
  • CC/FRMT will complete the facility plan and forward it to the Facility Review Committee within in 15 days of the date the update is started. Review and Superintendent sign off to be completed within an additional 15 days. Total time period is 30 days.
FORMAT DT37 CA CHRONOS

Regular (R) time-based scheduled review – “Offender is in compliance with facility plan dated mm/dd/ccyy.” Describe what behavior and/or offender activity demonstrates s/he is in compliance.

Must reference any score changes on OBTS DI89 (i.e., infractions, less than 12 program points, detainers, and/or escape point changes).

Should reference unit behavioral information, employment evaluations, educational progress, and completions of any offender change programs.

Report on facility compliance with assigning/carrying through on targeted custody or other actions (e.g., offender was assigned MI2 on mm/dd/ccyy, or other targeted activity that may have occurred between reviews).

Identify the custody the offender will be assigned for this review and specify maintain on schedule.

Plan (P) change review – “Offender is not in compliance with facility plan dated mm/dd/ccyy.” Describes what behaviors and/or offender activity demonstrates s/he is in non-compliance.

Must reference score changes on OBTS DI89 and must be specific regarding primary cause of non-compliance (e.g., “Offender is in non-compliance due to infraction dated mm/dd/yyyy.”).

Should reference secondary issues resulting in non-compliance (i.e., attitude, poor performance, suspected negative behavior/activity, ad-seg placements, excessive absences, etc.).

“A new facility plan dated mm/dd/ccyy has been developed and approved.”

Identify the custody to be assigned as a result of this review, identify major changes to the former plan (e.g., “MI2 custody and all subsequent custody promotions have been targeted for 60 days from the previous targeted dates and all appropriate OBTS screens have been updated.”). Identify the next regularly scheduled review date and next targeted action (i.e., custody, program, or transfer).

X type targeted activity/placement/transfer review. An adjustment, CA chrono is required.

“Offender is/is not in compliance with the facility plan dated mm/dd/ccyy.” Describe specific actions/behaviors/activities that demonstrate compliance/non compliance (see examples in R and P review chrono sections). “Offender has been (identify specific action that is taking place) as targeted.”

“Next targeted or required action (i.e., assign custody, conduct P review due to infraction conduct, R review, psychological evaluation, etc.) is due mm/dd/ccyy.”

“Facility Plan dated mm/dd/ccyy remains in effect.”
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Default Criminal History Format - Recommended

Criminal History Format - Recommended

Source Documents

List the documents used when creating/updating the Criminal History by DOCUMENT DATE, DOCUMENT TITLE.

Current Offense

DATE (mm/dd/ccyy), OFFENSE TITLE, LOCATION OF OFFENSE (county and city if known), CAUSE NUMBER, and DISPOSITION

Offense behavior (i.e., who, what, when, where, why, and how). Include date of birth (DOB) of the victim (and/or age if a sex offense), and relationship to the offender, if known. If the behavior is not known, and the offense is one that, per the “Document Search Process Chart” requires a behavior description, indicate the information has been requested, the date (mm/dd/yy) of the request and from what source agency information has been requested.

Facility adjustment behavior, if known and if disposition. This includes jail or DOC facility confinement if known. Specifically, any lost earned time credits, infraction behaviors that would be considered new charges in the community, and any other relevant information from the incarceration.

Violence Type (i.e., Stranger, Predatory, Vulnerable Victim, Hate Crime, Imminent and Unremitting Threat, None, Unknown)

Juvenile

Same format as Current Offense. List all juvenile offenses in chronological sequence, oldest to most recent. Include offense behavior descriptions when required per the “Document Search Process Chart”.

Adult

Same format as Current Offense. List all adult offenses in chronological sequence (Recommended), oldest to most recent. Include offense behavior descriptions when required per the “Document Search Process Chart”.

Offense Behavior Pattern

Describe the offender’s pattern of crime-related behaviors. Has the behavior escalated over time? What appear to be the causal factors? Is there a pattern of violence against a specific group or type of individual? Is there a pattern of flight (escape) or failure to appear?
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Default Document Search Procedure

DOCUMENT SEARCH PROCEDURE

COUNSELOR/CCO:
  • Review DT07 to see if there is a pending Document Search Request. (See attached for explanation of DT07 Document Search codes.) Counselor will not request materials that have been previously requested and/or obtained unless such materials are deemed inadequate. If this is the case, add an exception request in the comment section to 01-006.
  • Review offender’s central file, OBTS and Liberty to find offense documentation.
  • List on 01-006 (rev. 7/19/04) all offenses for which there is adequate documentation in the central file, Liberty and OBTS.
  • Complete the 01-006 and e-mail as an attachment to docsearchrequest@doc1.wa.gov and place a copy of the request in the central file.
  • Enter a 659 check date code on DT07 to indicate that a request has been submitted to Headquarters Records Document Search Unit. Date initiated, due date, and date completed will be the date the request was submitted to Headquarters.
OCO- HEADQUARTERS RECORDS DOCUMENT SEARCH UNIT:
  • Document Search records staff will, upon receipt of a Document Search Request, enter a 660 check date code on DT07 to document that the request has been received.
  • When the packet is completed, Document Search records staff will scan the information into Liberty, mail the file material to the records office of the offender’s current location and complete the 660 check date code on DT07.
DOCUMENT SEARCH-RELATED DT07 CODES
CODE:
659
WHO ENTERS & CLOSES:
Facility
WHAT IT MEANS & HOW IT WORKS:
Facility enters the 659 check date. The date initiated, due date,
and date completed is the date the document search request is
sent to Headquarters Records Document Search Unit.
CODE:
660
WHO ENTERS & CLOSES:
DSU
WHAT IT MEANS & HOW IT WORKS:
DSU enters the 660 check date when the document search
request is received.

DSU completes the check date when the packet has been
completed, scanned into liberty, and forwarded to the Facility.
CODE:
663
WHO ENTERS & CLOSES:
DSU
WHAT IT MEANS & HOW IT WORKS:
When the document search request is referred to End of
Sentence Review (ESR), DSU staff will enter and close out a 663
code.

This tells staff that ESR will do the document search instead of
DSU.

NOTE: Occasionally packets are sent to both ESR and DSU. To
eliminate duplication of effort, only one unit needs to work on the
packet.

In general, if the ERD is less than a year away, ESR will do
document search & if the ERD is more than a year away, DSU will
do the document search.


DSU - Document Search Unit Records Staff

Facility – Counselor/CCO/designee
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Default Override Reasons/Decisions

Override Reasons/Decisions
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Default 300.500 Work Release Screening

PRISON/PRE-RELEASE/WORK RELEASE

NUMBER DOC 300.500

EFFECTIVE DATE 6/28/05

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
HAROLD W. CLARKE, SECRETARY

TITLE WORK RELEASE SCREENING

SUPERSESSION: DOC 300.500 effective 10/15/04

REFERENCES:

DOC 100.100 is hereby incorporated into this Policy Directive; RCW 9.94A; RCW 72.65; WAC 137-56; ACA 6A-11; ACA 6B-02; DOC 300.380 Classification; DOC 320.165 Community Custody Violator Sanction to Work Release; DOC 350.300 Mutual Agreement Program; DOC 630.510 Mental Health Services

POLICY:

I. The Department has an established process for all potential candidates for Work Release to be screened to determine suitability for placement in a Work Release facility.

DIRECTIVE:

I. Prohibitions [6A-11]

A. Offenders/violators are prohibited from Work Release placement if they:
1. Have had new felony detainers lodged against them.

2. Have Immigration and Customs Enforcement (ICE) detainers lodged against them.

3. Have an out-of-state release plan.

4. Have had or currently have an End of Sentence Review recommending civil commitment.

5. Do not meet the medical criteria for placement as determined by facility health care staff.

6. Have been convicted of First Degree Murder, unless approved as part of their Mutual Agreement Program (MAP) per DOC 350.300 Mutual Agreement Program.

7. Have recent, local, high media profile and the facility Community Corrections Supervisor (CCS) has documentation to verify this.

8. Have been assessed as Risk Management (RM) A due to imminent threat and there is a local victim/witness concern that cannot be mitigated by the Risk Management Intensive Transition (RMIT) Team.

9. Have been convicted of First Degree Rape and are within their first 3 years of confinement.

10. Do not meet Department recognized local agreement criteria.
B. Offenders who have high mental health needs or are developmentally disabled should be assessed for placement at Rap House/Lincoln Park Work Release per DOC 630.510 Mental Health Services.

II. Screening [6A-11]

A. The sending facility will build a Work Release entry on OBTS DI73. Following this, the electronic referral will be sent to the intended Work Release.

B. If the referral is built for the wrong Work Release, the Facility CCS/designee will redirect the referral to the correct Work Release and email the facility Counselor who initiated the referral.

C. Screening and acceptance will be completed within 30 calendar days from the date of the referral and documented on OBTS DI66. Denials only apply to unique exceptions. [6B-02]
1. The Facility CCS will forward DOC 02-249 Request for Denial of Work Release Placement to the Headquarters Classification Work Release Correctional Program Manager (CPM).

2. Headquarters will schedule a Headquarters Community Screening Committee (HCSC) review.

3. HCSC will make a final decision and inform the Work Release, and document the decision on OBTS DT08 and DI66.

4. HCSC will provide data on trends by facility to the Field Administrators.
D. Pre-hearing or post-hearing confinement in a Work Release facility for offenders who have violated conditions of supervision, probation, or parole will be handled per DOC 320.165 Community Custody Violator Sanction to Work Release.

III. Call Outs

A. The Headquarters Classification Work Release CPM will review the case 8 months or less to earned release date (ERD) to see if the offender is still eligible for Work Release placement. If the offender is still eligible, the Headquarters CPM will:
1. Initiate notification procedures,

2. Advise the Work Release facility and the sending facility records staff of the offender’s arrival date, and

3. Schedule the transportation.
DEFINITIONS:

Words/terms appearing in this policy directive may be defined in the glossary section of the policy directive manual.

ATTACHMENTS:

None

DOC FORMS (See Appendix):

DOC 02-249 Request for Denial of Work Release Placement
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Default 300.550 Graduated Community Access

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

WORK RELEASE

NUMBER DOC 300.550

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

EFFECTIVE DATE
7/26/04

TITLE GRADUATED COMMUNITY ACCESS

SUPERSESSION:
None

REFERENCES:

DOC 100.100 is hereby incorporated into this Policy Directive; ACA 5A-14; DOC 320.165 Community Custody Violator Sanction to Work Release; DOC 320.460 Monitoring Offender Community Activities; DOC 450.310 Visits and Social Outings for Work Release Offenders

POLICY:

I. Offenders in Work Release facilities shall be allowed community access based on time in the facility, progress in meeting plan objectives, personal behavior, and risk to the public. [5A-14]

DIRECTIVE:

I. General Requirements

A. Until an offender completes orientation, his/her access to the community is only under supervision.

B. An offender’s advancement to a higher step can occur automatically when the expectations are met.

C. Staff at the facility shall provide input on the offender’s compliance to expectations and accomplishments and the demonstration of positive behavior. Point-to-point passes shall be used per DOC 320.460 Monitoring Offender Community Access.

D. Increased access to the community will be based on a 3 step program. This program does not affect an offender’s access for religious services, medical treatment, law library, court, or attorney access.

II. Step I

A. Upon arrival at a Work Release facility, an offender is placed in Step I upon completion of orientation.

B. Privileges for Step I are:
1. Point-to-point passes, as needed to conduct essential business.

2. Approved visitors in compliance with DOC 450.310 Visits and Social Outings for Work Release Offenders.
III. Step II

A. To qualify for Step II the offender must, at a minimum:
1. Be employed for a minimum of 24 hours per week.

2. Have a Legal Financial Obligations (LFO) schedule established, if applicable.

3. Be successfully participating in all facility program requirements, and in compliance with the Offender Accountability Plan (OAP).

4. Be major infraction free for the past 30 days, to include violations that resulted in a stipulated agreement.
B. Privileges for Step II are:
1. Point-to-point passes.

2. Social outing time up to 20 hours a week with a curfew no later than 10:00P.M.

3. Other privileges established by the Facility Supervisor.
IV. Step III

A. To qualify for Step III the offender must, at a minimum:
1. Maintain employment a minimum of 32 hours per week

2. Current in making payments to Cost of Supervision (COS), LFO, and Room and Board.

3. Be major infraction free for the past 60 days, to include violations that resulted in a stipulated agreement.

4. Be meeting facility program requirements and compliance with the OAP.
B. Privileges for Step III are:
1. Point-to-point pass.

2. Approved social outing time up to 30 hours per week with a curfew no later than midnight.

3. Other privileges established by the Facility Supervisor.
V. Community Custody and Parole Violators

A. Work Release offenders who are on violation status will be managed per DOC 320.165 Community Custody Violator Sanction to Work Release.

VI. Major Violation Step Reduction

A. When an offender is found guilty, or admits guilt, of a major infraction through the Hearing process or Stipulated Agreement Process, s/he shall be reduced in phase at least one step as part of the sanction.

B. When eligible, the offender may move through the step system.

DEFINITIONS:

Words/terms appearing in the Policy Directive may be defined in the Glossary section of the Policy Directive Manual.

ATTACHMENTS:

None

DOC FORMS (See Appendix):

None
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Default 310.000 Orientation for Offenders

PRISON/PRE-RELEASE/WORK RELEASE

NUMBER DOC 310.000

EFFECTIVE DATE
10/21/04

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

TITLE ORIENTATION FOR OFFENDERS

SUPERSESSION:
DOC 310.000 effective 3/13/00

REFERENCES:

DOC 100.100 is hereby incorporated into this Policy Directive; ACA 4-4016; ACA 4-4180; ACA 4-4285; ACA 4-4288; ACA 4-4289; ACA 4-4290; ACA 4-4291; ACA 4-4292; ACA 4-4344; ACA 4-4499; ACA 3A-03; ACA 3A-04; ACA 3A-05; ACA 3A-06; ACA 5A-19; DOC 310.610 DNA Samples; DOC 530.150 Offender Family Support

POLICY:

I. Offenders new to the Department shall be provided an orientation and go through an admission process.

II. Offenders transferred within the Department shall be given an orientation that provides them with necessary information about the new facility since every facility has procedures, rules, and regulations unique to its purposes, physical plan, and security status. [4-4290]

DIRECTIVE:

I. [4-4285] Reception Center Admission

A. [4-4289] All newly received offenders shall be involved in a program of interviews, testing, and other activities related to the admission process at Washington Correction Center (WCC) or Washington Correction Center for Women (WCCW) Reception Center. Initial reception and orientation of offenders shall be completed within 4 weeks of their admission to the Reception Center.

B. The admission process shall include:
  1. Determination that the offender is legally committed to the Department.
  2. A thorough search of the offender and his/her possessions.
  3. Disposition of personal property.
  4. Shower and shampoo, if needed.
  5. Issue of state clothing.
  6. Photographing and fingerprinting, including notation of identifying marks or
  7. other unusual physical characteristics.
  8. Medical, dental, and mental health screening.
  9. DNA testing, when applicable.
  10. Assignment to a housing unit.
  11. Recording basic personal data and information.
  12. Assignment of a Department identification number.
  13. Assignment of an Inmate Personal Identification Number (IPIN).
C. All offenders shall receive an orientation and be provided:
1. The major facility Statewide Offender Orientation Handbook.

2. A copy of DOC 16-177 Notice of Legislative Change to inform offenders of
the Department’s right to access existing mental health records.
D. Spanish-speaking offenders shall receive orientation handouts translated into Spanish. [4-4288]

E. When a literacy problem exists, staff shall assist the offender in understanding the material. [4-4288]

F. [4-4288] Completion of orientation shall be documented by a statement signed and dated by the offender. This documentation shall be placed in the offender’s central file.

II. Facility Orientation

A. All offenders transferred from another facility shall be given an orientation to the new facility within one week of their arrival, and shall receive a facility specific orientation packet on the date of their arrival. [4-4290] [4-4291] [4-4344] [4-4499]

B. Orientation shall include:
1. Information on educational, religious, work, recreation, health care, and
other facility programs. [4-4344]

2. Facility rules and regulations.

3. Processes for communicating with all levels of staff. [4-4016] [4-4180]
C. Staff shall provide orientation, review the contents of the orientation packets, and respond to offender questions. [4-4288]

D. Each offender shall sign a form acknowledging receipt of orientation.

E. Each facility shall provide an orientation program for Spanish-speaking
transferees to notify them of the Spanish translated materials and services that are available.

III. Orientation Handouts

A. Orientation handouts shall include information on:
  1. Discipline,
  2. Classification,
  3. Grievance program,
  4. Administrative segregation,
  5. Legal access,
  6. Religious freedom,
  7. Searches,
  8. Offender trust accounts, [4-4292]
  9. Visiting, to include times, dress code, authorized items, and special visits,
  10. [4-4285] [4-4499]
  11. Medical, dental, and mental health services,
  12. Telephone use,
  13. Fire and safety,
  14. Availability of facility programs,
  15. Mail, [4-4285]
  16. Store ordering procedures,
  17. Processes for communicating with staff,
  18. Movement,
  19. Property, clothing, and laundry, [4-4292] and
  20. Identification requirements.
B. Orientation handouts shall be translated into Spanish and provided to offenders at the Spanish orientation. In addition to the information in the English handouts, Spanish versions of orientation handouts must include the following information:
1. How to request translation services.

2. Access to DOC 05-666 Spanish Translation Request and the routing and
approval procedure.

3. How to enroll in English as a Second Language (ESL) classes, if
available.
C. Orientation handbook/handouts shall be reviewed at least annually and updated as needed. If there are major changes in a facility process that is covered in the orientation packet, the facility should publish the changes and promptly post them in living units. [4-4292]

D. Department/Program Managers are responsible for notifying appropriate staff of new programs or changes to programs which should be included in the orientation packet.

IV. Work Release Orientation [3A-04]

A. New Work Release offenders shall be provided orientation within 48 hours of arrival.

B. [3A-03] [3A-06] Offenders shall receive an orientation and be provided with written orientation materials. DOC 05-512 Orientation Checklist shall be used as a guideline for the minimum of what shall be included in orientation. The offender and a witness shall sign the form to acknowledge receipt of orientation.

C. Orientation must occur before offenders are given permission to leave the facility.

D. When a literacy problem exists, staff shall assist the offender in understanding the material. [3A-05]

E. DOC 05-116 Wanted Person Entry Worksheet shall be completed for each
offender and maintained in the duty station.

DEFINITIONS:

Words/terms appearing in this Policy Directive may be defined in the Glossary section of the
Policy Directive Manual.

ATTACHMENTS:

None

DOC FORMS (See Appendix):

DOC 05-116 Wanted Person Entry Worksheet

DOC 05-512 Orientation Checklist [5A-19]

DOC 05-666 Spanish Translation Request

DOC 16-177 Notice of Legislative Change
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Default 310.100 Intake

FIELD

NUMBER DOC 310.100

EFFECTIVE DATE
1/19/01

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

TITLE INTAKE

SUPERSESSION:
DCC 200.200 effective 3/31/98; DCC 200.210 effective 3/31/98; DCC 200.220 effective 3/31/98; DCC 200.230 effective 2/28/95; DCC 200.240 effective 2/28/95

REFERENCES:
DOC 100.100 is hereby incorporated into this Policy Directive; DOC 200.000 Trust Accounts for Offenders; DOC 320.400 Level of Service Inventory – Revised (LSI-R); DOC 320.410 Offender Risk Management; DOC 320.420 Offender Accountability Plans; DOC 320.455 Community Supervision of Risk Management Level-D (RM-D) Offenders; DOC 350.255 Registration Notification; DOC 380.300 Supervision of Conditionally Released Offenders; DOC 390.600 Imposed Conditions; DOC 630.510 Mental Health Services; DOC 825.010 Hours of Work and Overtime

POLICY:

I. Offenders placed on supervision will have a timely intake completed in order to expedite classification and initiate appropriate supervision.

DIRECTIVE:

I. Intake Assignment

A. Community Corrections Officers (CCO) will complete the intake process within 30 calendar days of the assignment, except community placement intakes will be completed within one workday of the offenders release.

B. The intake will be completed by an assigned CCO within the county of the offender’s residence.

C If the offender is not in custody or will be released in 20 calendar days or less, or the assignment can not be done in 30 days, the intake will be assigned in the offender's county of residence.

D. Designated staff within the sentencing county will obtain information about the offender’s prior record, a description of the current offense, and any other pertinent information available. This, along with the Judgment and Sentence (J&S) and any file material, will be forwarded to the Assignment Officer in the offender’s county of residence.

E. After intake is assigned, if the offender is not living in that geographical area, the CCO will return the intake material to the Assignment Officer, who will delete the assignment and re-assign or send the material to the appropriate Assignment Officer.

F. Community placement intakes will include case plan review for Work Ethic
Program (WEP) offenders.
1. CCOs are to request copies of mental health evaluations prepared by Department of Social and Health Services (DSHS) and mental health practitioners regarding the conditionally released offender.
II. Intake Preparation

A. The CCO will review the J&S or Order of Conditional Release (Insanity Acquittal) and conditions imposed by the court, and initiate supervision.

B. The CCO will consult with the Correctional Records Manager (CRM) and, when necessary, submit DOC 09-124 Court - Special when the sentence is unclear. If no resolution is received within 45 days, the J&S may be challenged via the Post Sentencing Review Petition process.

C. CCOs will submit DOC 09-124 Court - Special or appropriate notice of violation requesting modification of conditions and requirements that appear to be unenforceable.

D. CCOs will request copies of mental health evaluations prepared by the Department of Social and Health Services (DSHS) and mental health practitioners regarding insanity acquittal offenders.

III. Intake Process

A. CCOs will review with the offender:
1. The sentencing requirements and/or parole conditions imposed by the court or Indeterminate Sentence Review Board (ISRB) in the J&S, Order of Conditional Release (Insanity Acquittal), and/or PB206 Order of Parole and Conditions, and have the offender sign the appropriate forms. If the offender refuses to sign, the CCO will note the refusal on the form and enter the information on the Offender Based Tracking System (OBTS) DT37 screen.

2. The notification of registration requirements per DOC 350.255 Registration Notification.

3. The firearms prohibition.

4. The offender grievance procedure.

5. The violation process.
B. Based on the offender’s economic means, the payment schedule should require the offender to pay the maximum amount possible each month so that the financial obligation is paid in full at the earliest possible date, but no less than the monthly amount required to pay off the debt within 10 years of the date of sentence or date of release, whichever is longer.

C. When determining an offender's ability to work in order to make appropriate Legal Financial Obligation (LFO) payments, the CCO will request the offender provide a copy of his/her social security card. If s/he cannot do so and/or if there are any questions regarding citizenship, the CCO/staff will report the offender to Immigration and Customs Enforcement (ICE).

D. The CCO/Risk Management Team will complete an Offender Accountability Plan for offenders per DOC 320.420 Offender Accountability Plans.

E. The CCO will:
1. Complete a Level of Services Inventory –Revised (LSI-R) assessment/reassessment per DOC 320.400 Case Management Practices Level of Service Inventory – Revised (LSI-R).

2. Advise offenders that they act as informants to law enforcement at their own risk and that any violation of conditions of supervision while acting as an informant will be reported to the appropriate authority.

3. Impose appropriate, additional conditions on eligible offenders per DOC 390.600 Imposed Conditions.

4. Inform the offender of community resources and provide services to offenders who request assistance in meeting needs associated with adjusting to the community.

5. Inform offenders that a request for early discharge can be submitted after one-half of the period of Community Supervision has been served, if all other sentence requirements have been completed.

6. Inform offenders who committed their crime on or after July 1, 2000, and were sentenced to a supervision range, that reductions within the range are specifically linked to offender performance and diminished risk, and that RM-A offenders are not eligible for a reduction as long as they are at that classification level per DOC 320.410 Offender Risk Management.

7. Assist Washington State offenders with requests for community services fund loans to purchase items necessary to earn a living per DOC 200.000 Trust Accounts for Offenders.

8. Ensure there is a current photograph in the file of offenders who are classified as RM-A, RM-B or RM-C offenders. Supervisor approval may be obtained for taking photographs of RM-D offenders.

9. Arrange, within 30 days of intake, for the fingerprinting of any offender who does not have a Washington State Identification (SID) number.

10. Include a brief description of the offense and Washington State Identification Section (WASIS) transcript, as part of the intake packet maintained in the file when a Presentence Investigation (PSI) was not completed.

11. Ensure that an offender actively participating in the Address Confidentiality Program (ACP) has reported their actual address to the supervising CCO.

12. Screen for mental illness if mental health issues are observed, and there is no prior documentation available. This screening will include, at a minimum, the completion of DOC 13-313 Mental Health Screening Questionnaire per DOC 630.510 Mental Health Services.
F. Special Sex Offender Sentencing Alternative (SSOSA) cases where the crime occurred on or after June 6, 1996, 4 photographs, a fingerprint card, a copy of the J & S, and a copy of the signed DOC 20-310 Conditions, Requirements, and Instructions are placed in an envelope and maintained in the offender’s file for the escape packet, if needed.

DEFINITIONS:

Words/terms appearing in this Policy Directive may be defined in the Glossary section of the Policy Directive Manual.

ATTACHMENTS:

None

DOC FORMS (See Appendix):

DOC 09-124 Court – Special

DOC 13-313 Mental Health Screening Questionnaire

DOC 20-310 Conditions, Requirements, and Instructions
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Default Administrative Bulletin AB-05-001

ADMINISTRATIVE BULLETIN AB-05-001

DATE: October 28, 2005

TO: Executive Staff Regional Administrators Field Administrators

FROM: Harold W. Clarke Secretary

RE: DOC 310.100 Intake DOC 380.250 Genie/Kiosk Use in Offender Supervision

These policies are revised, effective 10/28/05 regarding photographs of offenders. New photographs should be taken if an offender’s appearance changes significantly. This is an update to DOC 310.100 Intake, section III. E. 8.; and DOC 380.250, section II. A. 1.

If you have any questions about this change, please contact Kit Bail, Acting Deputy Secretary, Community Corrections Division.

HC:KB:mo

Attachments

cc: Marjorie Owens, Policy Program Manager
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Default 310.610 DNA Samples

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

PRISON/PRE-RELEASEWORK RELEASE/FIELD

NUMBER DOC 310.610

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

EFFECTIVE DATE
5/31/04

TITLE DNA SAMPLES

SUPERSESSION:
None

REFERENCES:
DOC 100.100 is hereby incorporated into this Policy Directive; RCW 43.43.754; DOC 310.000 Orientation for Offenders; DOC 620.020 Non-Consensual Blood Draws

POLICY:

I. The Department shall provide criteria and processes for obtaining Deoxyribonucleic Acid (DNA) samples mandated by RCW 43.43.754. DNA samples shall be provided by all offenders entering and currently housed in Department facilities.

DIRECTIVE:

I. Implementation

A. All offenders currently in a Department facility who have not previously provided a biological sample shall be scheduled for submission of a DNA sample.

B. Collection of the biological samples shall be prioritized based on release dates for offenders. Offenders shall not be considered for transfer to a Work Release or out of state placement until a sample has been obtained.
1. If an offender is being recommended for transfer, the Counselor shall check Offender Based Tracking System (OBTS) DI55 to verify that a DNA sample has been obtained.

2. If a DNA sample has not been obtained, the Counselor shall notify appropriate staff to take the sample.

3. Records staff shall check DI55 to ensure that DNA requirements have been completed before the offender is released or transferred. If a DNA sample has not been taken, records staff will notify the appropriate staff to have the sample taken before release.
II. Requirements

A. Newly received offenders shall have DNA samples taken at Washington Correction Center for Women (WCCW) and Washington Correction Center (WCC) Reception Centers during the orientation process, unless OBTS DI55 indicates testing has been completed.

B. When offenders are transferred to a Prison facility, DNA samples shall be taken during orientation process if one has not already been taken.

C. Offenders must have a DNA sample taken prior to transfer to a Work Release or out of state placement.

D. For the purpose of DNA testing, interstate compact offenders and community violators housed in a Department facility shall be considered to be new admissions to the Department and shall have a DNA sample taken.

E. When Field Offices receive a Judgment and Sentence that requires an offender supervised in the community to provide a biological sample, the Community Corrections Officer (CCO) shall refer the offender to the local Police Department or Sheriff’s Office. When possible, the referral should be to the arresting agency.
1. The CCO is not responsible for verifying that the offender followed through in providing the sample. However, the referral should be documented on OBTS DT37 chrono.
III. Taking Samples

A. Status of offenders’ DNA testing is on OBTS DI55.
1. “R” indicates a sample is required, and
2. “Y” indicates a sample has been taken.
B. If a sample has not been taken, the following information is needed and can be found on OBTS DT04, DP01, and DI14:
1. State identification number,
2. Offense, and
3. Date of birth.
C. The sample shall be obtained using the Buccal swab method. This is a sampling of cells from the inside of the cheek, usually obtained by rubbing a cotton tipped swab over the tissue.
1. The Washington State Patrol (WSP) shall provide kits for Buccal tests and a training video.

2. Buccal Swab sample can be taken by any trained staff. Medical staff can take the sample, or non-medical staff may volunteer to take the sample.

3. One staff should conduct all phases on an individual offender to ensure that proper chain of evidence is maintained.
D. When the sample has been taken:
1. It shall be documented on OBTS DI55 with a “Y”.

2. The kit must remain under lock and key to preserve the chain of evidence.

3. The oral swab kit shall be sent for testing to the WSP Crime Lab. Multiple samples may be sent in the same package.
E. Offenders who refuse to comply with having a DNA sample taken shall be infracted and an involuntary blood draw will be taken per DOC 620.020 Non-Consensual Blood Draws.

DEFINITIONS:
Words/terms appearing in this Policy Directive may be defined in the Glossary section of the Policy Directive Manual.

ATTACHMENTS:
None

DOC FORMS (See Appendix):
None
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Default 320.100 Indeterminate Sentence Review Board (ISRB) Reports

PRISON/PRE-RELEASE/WORK RELEASE/FIELD

NUMBER DOC 320.100

EFFECTIVE DATE
9/19/05

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
HAROLD W. CLARKE, SECRETARY

TITLE INDETERMINATE SENTENCE REVIEW BOARD (ISRB) REPORTS

SUPERSESSION:
DOC 320.100 effective 1/12/04

REFERENCES:
DOC 100.100 is hereby incorporated into this policy directive; RCW 9.95; WAC 381-70-150;DOC 300.380 Classification; DOC 320.110 Community Custody Board (CCB)/.420 Hearings; DOC 320.420 Offender Accountability Plans; DOC 350.200 Transition and Release of Offenders to the Community; DOC 350.300 Mutual Agreement Program; DOC 380.240 Field Contacts

POLICY:

I. The Indeterminate Sentence Review Board (ISRB) has jurisdiction over all offenders who committed crimes prior to July 1, 1984 and were sentenced to Prison, from the date of sentence to the maximum expiration date or the offender is pardoned by the Governor.

II. The Department has established a process to assess the progress of an offender for the ISRB and to ensure hearings are properly managed and appropriate reports are submitted to the ISRB.

DIRECTIVE:

I. Referral

A. The Facility Superintendent/Community Corrections Supervisor (CCS) may refer an offender, due to negative or positive behavior and programming, to the ISRB for consideration of parolability/.100 hearing or for reconsideration of minimum term. Facility staff will request a hearing if:
1. The offender has no parole resources, previous parole plan referrals have been denied, or an approved plan is no longer available and it appears theoffender may be held past his/her Parole Eligibility Review Date (PERD).

2. The offender’s behavior offers areas of concern and/or minimal progress is noted, or to assess the offender as a risk to public safety.

3. There are specific mental health concerns that would affect the parole of the offender.
B. A request by the facility for a .100 hearing requires Headquarters Community Screening Committee (HCSC) approval.

C. Indeterminate offenders may be referred to the HCSC for an early .100 hearing consideration of a Mutual Agreement Program (MAP). This hearing will be held 36 months prior to the PERD.

D. Under exceptional circumstances staff may request, through the classification review process, reduction of an indeterminate offender’s minimum term. A request may be initiated by an offender through his/her Counselor or by the Facility Risk Management Team (FRMT) at the regularly scheduled progress review. The request must be approved by the Facility Superintendent/CCS/Classification Program Manager and reviewed by the HCSC for Department consideration prior to forwarding to the ISRB.

II. ISRB Hearings

A. .100 Hearing
1. A .100 hearing recommendation is initiated by using DOC 20-402 Facility Plan and the Offender Management Network Information (OMNI) Offender Accountability Plan (OAP) and Offender Accountability Plan with Transition Plan (OAP w/TP). The ISRB will be provided the following information:
a. The current DOC 20-402 Facility Plan documenting the offender’s compliance with the facility plan and the objectives of incarceration.
b. Copies of all previous DOC 20-402 Facility Plans with documentation regarding the offender’s compliance with the facility plan and objectives of incarceration since the offender was last seen by the ISRB, and a copy of the offender’s legal face sheet.

c. The DOC 20-402 Facility Plan will address current and targeted:
1) Custody,
2) Placement,
3) Programs, and
4) Additional expectations for the offender during incarceration.

d. The OAP.

e. The OAP w/TP.

f. For indeterminate cases sentenced prior to September 1, 2001, a complete instrument-supported (i.e., MMPI-2, PAI, VRAG, LSI-R, etc.) psychological evaluation and/or treatment summary, less than 2 years old at the time of the hearing, may be requested by the ISRB. The evaluation includes:
1) Behavioral observations,
2) Personal/criminal history,
3) Risk for violence,
4) Escape, and
5) Case management recommendations.
g. A complete copy of all mental health records, located in both the central file and medical file, which contain confidential medical information including:
1) Medical history,
2) Diagnosis, and
3) Medication needs.
h. A signed DOC 20-240 Chemical Dependency Consent for Release of Confidential Information and copies of all chemical dependency information located in the central/medical/chemical dependency file, if the offender has ever participated in Chemical Dependency Treatment.

2. The ISRB may request specific information under RCW 9.95.170. This may include, but is not limited to:
a. Psychological reports,
b. Educational certificates,
c. Chemical dependency evaluations, or
d. A review by staff on an offender's progress.

3. The Counselor is required to attend the hearing and will bring the file materials.
B. Disciplinary Hearing
1. A request to schedule a disciplinary hearing requires HCSC approval. ISRB initiated disciplinary hearings do not require Department approval. The ISRB report for a disciplinary hearing will review the same information required for the .100 hearing except the OAP w/TP. Specific information about the reason for the request will be stated in the FRMT findings and approved by the Facility Superintendent/CCS/Classification Program Manager. The ISRB may request specific information and/or evidence.
C. Monohan Hearing
1. The Department will provide a hearing prior to recommending the cancellation of an established parole or minimum term release date for disciplinary reasons on any offender under the jurisdiction of the ISRB who has a scheduled parole or minimum term release date, even if there is a consecutive or concurrent Sentence Reform Act (SRA) sentence.

2. Failure to develop an adequate parole or transition plan does not require a Monohan hearing.

3. The Facility Superintendent/CCS/Classification Program Manager may recommend that the ISRB cancel the offender's scheduled release date as a sanction for a serious disciplinary infraction. The request to the ISRB to cancel a release date will follow the hearing.
III. Classification Referral/Facility Plan to the ISRB

A. A report to the ISRB will be an event that requires classification to occur. The classification will be documented on DOC 20-402 Facility Plan. The DOC 20-402 Facility Plan will include, in narrative form, observations and other information regarding the offender's participation in recommended programs and overall compliance with the current and previous facility plan(s) since last seen by the ISRB.

B. The classification referral/facility plan to the ISRB will address the information and time period required in this policy directive. Classification action will include:
1. Review of the Criminal History Summary (CHS). The Offense Behavior Pattern section of the criminal history summary will note any concerns regarding trends toward violence, sexual deviancy, chemical abuse, and escape.

2. The Counselor’s comments noting the offender's progress toward positive change and growth, demonstrated motivation to change his/her behavior, and degree of responsibility for the offense(s). There will be no reference to prospects for rehabilitation or prediction of success or failure.

3. The FRMT’s discussion and review with the offender of his/her current incarceration history. There should be no discussion, recommendation, or conclusion about the offender's parolability. There will be consistency between the narrative of the report and the classification findings. There will be no reference to prospects for rehabilitation or prediction of success or failure.

4. A full review by the review committee of the offender's facility history. Any additional comments regarding the progress of the offender will be noted in the comment section. There will be no reference to prospects for rehabilitation or prediction of success or failure.

5. Superintendent/CCS/Out of State (OOS) Program Manager concurrence or non-concurrence with the findings.
a. If the Facility Superintendent/CCS/Out of State Program Manager does not concur with the report, a rationale or explanation should be included at this point for any change from the review committee's recommendation.
C. The offender will have the opportunity to be present at the FRMT meeting to comment and to have his/her comments summarized and made a part of the report. The offender may also prepare and submit PB 600 Offender Statement or a letter. If the offender elects to waive the appearance at the classification
review, a copy of the DOC 05-093 Hearing Notice/Appearance Waiver will be attached and the offender’s reason for absence noted in the report.

D. The facility will document and provide additional information related to negative behavior that occurred after the report(s) was submitted to the ISRB. This information will be made available to the ISRB prior to the hearing. Information not provided in any report previously submitted to the ISRB, including current
review, may be submitted as an addendum report to the previous submissions. This detailed information will be from the date of the last report to the ISRB to the date the addendum is prepared.

IV. Notice to the Offender

A. The ISRB will provide the Facility Superintendent/CCS with copies of a hearing notice to serve to the offender at least 10 working days prior to any hearing scheduled for that offender.
1. Upon receipt of the hearing notice, the Facility Superintendent/CCS or designee will immediately serve the offender with the document.

2. The original of the hearing notice, showing date of service and the signature of the offender, will be returned immediately to the ISRB office in Olympia. One copy may be retained in the offender’s central file and one copy will be provided to the offender.

3. If the offender refuses to sign the notice, the Facility Superintendent/CCS or designee will note the time and place of service and obtain the signature of a witness to such service.

4. The offender will be advised of his/her right orally and in writing, at the time s/he is served with a notice of the hearing.
B. Offenders will receive a copy of the entire report to include any disclosable addendums or enclosures, HCSC decision, and the notification of the hearing. The reasons and decisions of the ISRB will be provided following the hearing.

V. Transition Plan Investigations

A. If the offender is found parolable, the OAP w/TP will be used as a pre-parole referral and pre-parole investigation tool.
1. The assigned Community Corrections Officer (CCO) will:
a. Complete the transition plan investigation as required per DOC 350.200 Transition and Release of Offenders to the Community.

b. As part of the investigation, the CCO will evaluate the plan and identify plan alternatives. An alternative may include referral to the HCSC for MAP consideration and consideration for Work Release placement.

c. In the risk analysis narrative of the OAP w/TP, the CCO will recommend for or against the plan, including conditions of release.
1) The CCO will recommend the following condition of release: “Must consent to allow home visits by the Department to monitor compliance with supervision. Home visits include access for purposes of visual inspection of all areas of the residence in which the offender lives or has exclusive or joint control or access.” Home visits will be conducted per DOC 380.240 Field Contacts.

2) If the ISRB establishes the condition, it will be included in the OAP as a verification strategy under a targeted risk.
d. The CCO may recommend approval or denial of the plan. The ISRB retains the sole authority to approve or deny the transition/parole plan.

e. The completed investigation will be returned to the facility.
2. The Correctional Records Specialist (CRS)/designee will:
a. Prepare the ISRB slough file packet, consisting of:
1) All DOC 20-402 Facility Plans since the last time theoffender was seen,
2) All infractions during that time period, and
3) A good time certification.
b. Print the comprehensive copy of the OAP w/TP.

c. Forward the slough file packet and comprehensive copy of the OAP w/TP to the ISRB.
VI. Paroled to Consecutive Sentence Reform Act

A. The offender’s Counselor/CCO will submit a report to the ISRB when an offender who has been paroled from an indeterminate sentence to a consecutive Sentence Reform Act sentence subsequently commits a serious infraction.
1. Requests to the ISRB for revocation of a previous decision to parole to a consecutive Sentence Reform Act cause will be addressed as a disciplinary report to the ISRB.

2. The ISRB will make a determination to suspend parole status and/or serve the violations specified. After probable cause reviews and parole revocation hearings, the ISRB will determine whether to revoke parole,
which would put the offender back under the ISRB’s jurisdiction, or reinstate parole, which would put the offender back under the Sentence Reform Act.
VII. Parole Violation

A. If a CCO determines that an offender has violated one or more conditions of his/her parole, the CCO will:
1. Notify the ISRB of the violation(s), or
2. If the violation is serious, suspend the parole.
B. CCOs may contact the ISRB Hearing Officer to get clarification and assistance to determine action to take on violations.

C. If an offender is arrested, the CCO will take the following actions:
1. Notify the ISRB within 24 hours following the arrest.

2. Serve the following documents within 3 working days following the arrest:
a. PB 402 Violations Specified and Opportunity to Waive Parole Revocation Hearing,

b. PB 401 Rights and Privileges relating to On-Site Parole Revocation Procedures,

c. PB 409 Board-Request for Appointment of Counsel, and

d. PB 413 Information Submitted on Behalf of Alleged Parole Violator Pursuant to Board Rule 381-70-150.
3. DOC 09-114 Board-Notice of Violation must be submitted within 15 days.
D. A parole revocation hearing, composed of fact-finding and disposition, will be held to provide the offender due process regarding whether one or more violations of parole occurred.
1. The CCO will arrange to transport the offender to the county jail where the on-site parole revocation hearing will be held.

2. As a result of the hearing, a determination is made and the offender’s parole is either reinstated or revoked. If the parole is revoked, the offender is returned to Prison.
a. As part of the revocation decision, the ISRB may determine the offender should participate in a program to address specific violation behaviors.
DEFINITIONS:
Words/terms appearing in this policy directive may be defined in the glossary section of the Policy Directive Manual.

ATTACHMENTS:
None

DOC FORMS (See Appendix):
DOC 05-093 Hearing Notice/Appearance Waiver
DOC 09-114 Board-Notice of Violation
DOC 20-240 Chemical Dependency Consent for Release of Confidential Information
DOC 20-402 Facility Plan
  #14  
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Default 320.110 Community Custody Board (CCB)/.420 Hearings

PRISON/PRE-RELEASE/WORK RELEASE/FIELD

NUMBER DOC 320.110

EFFECTIVE DATE
9/19/05

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY
DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
HAROLD W. CLARKE, SECRETARY


TITLE COMMUNITY CUSTODY BOARD (CCB)/.420 HEARINGS

SUPERSESSION:
DOC 320.110 effective 5/27/04

REFERENCES:
DOC 100.100 is hereby incorporated into this policy directive; RCW 9.94A.030; RCW 9.94A.712; RCW 9.95; WAC 381-10; DOC 350.200 Transition and Release of Offenders to the Community; DOC 350.500 End of Sentence Review/Post Confinement Review; DOC 380.240 Field Contacts; DOC 390.300 Victim/Witness Notification

POLICY:
I. Per RCW 9.94A.712 and/or RCW 9.94A.030, the Indeterminate Sentencing Review Board (ISRB) has jurisdiction over certain sex offenders who commit crimes on or after September 1, 2001, from the date of release from custody to the maximum expiration date. These offenders will be referred to as Community Custody Board (CCB) offenders.

II. The Department will assess CCB offenders for the ISRB and provide appropriate reports and information for .420 Hearings.

DIRECTIVE:

I. General Requirements

A. Reception Center records staff will identify newly-received offenders who are CCB cases upon their arrival at Washington Corrections Center (WCC)/Washington Corrections Center for Women (WCCW).
1. CCB offenders with a court imposed minimum sentence of less than one year will be immediately referred to the Community Protection Unit (CPU) for an End of Sentence Review (ESR) per DOC 350.500 End of Sentence Review/Post Confinement Review.

2. CCB offenders with a court imposed minimum sentence of over one year will be referred for an ESR 12 months prior to the earliest release date.
B. All sex offenders will be screened for the Sex Offender Treatment Program (SOTP). If deemed amenable, CCB offenders will be given priority for entry into that program.

C. As part of the ESR, the CCB offender will participate in an examination to assess sexual dangerousness, to include a prediction of the probability that s/he will engage in sex offenses if released.
1. The Counselor will notify the CCB offender of the requirement to participate in the evaluation and polygraph, and the consequences of failing to do so, using Notice to Community Custody Board Offenders (attached).

2. Counselors will contact Intelligence and Investigation staff to schedule a sexual history polygraph through an approved Department vendor.

3. Upon receipt of the sexual history polygraph, the CPU Notification Specialists will complete the Actuarial Risk Assessments.

4. CPU staff will request a forensic psychological evaluation only if Actuarial Risk Assessments demonstrate a greater than 50 percent chance of sexual re-offense on any Risk Assessment for the time frames included for that Risk Assessment.
II. End of Sentence Review

A. The CPU Notification Specialists will complete an ISRB report for the purpose of the End of Sentence Review Committee (ESRC). This report will summarize the
offender’s:
1. Criminal History,
2. Infractions,
3. Treatment(s),
4. Community adjustment,
5. Psychological reports,
6. Sexual history,
7. Polygraph,
8. Actuarial Risk Assessments,
9. Forensic psychological (if requested), and
10. Release planning.
B. The ESRC will review the ISRB report and ESR/CPU referral packet. They will determine the level of notification and if the CCB offender is more/less likely to sexually re-offend if released.

C. Once the ESRC has determined their decisions and recommendations, CPU staff will update the ISRB report and forward it to the ISRB along with the ESRC packet.

III. Offender Review

A. CPU staff will prepare and forward the ISRB report and a redacted copy of the ESR/CPU referral packet to the facility for the offender’s review in preparation for the .420 Hearing.

B. Within 48 hours of receipt at the facility, the ISRB report and related documents will be available to the CCB offender. When a literacy, language, or competency problem exists, staff will assist the offender in understanding the material.

C. The CCB offender will sign DOC 19-078 ESRC Report Receipt Acknowledgment prior to review of the ISRB report and related documents.

D. The CCB offender may take handwritten notes during this review; however, no document copies will be made.

E. The CCB offender has an option to prepare a written statement using Your Statement (attached) and/or give a verbal statement at the .420 Hearing for ISRB consideration.

IV. .420 Hearing Decision

A. The ISRB will conduct a .420 Hearing.

B. If the ISRB determines the CCB offender will not be released, a new minimum term will be set, not to exceed 2 years, and a new .420 Hearing will be scheduled 90 days prior to the new Earned Release Date (ERD).
1. CPU staff will update the DI50 screen.

2. The Counselor will forward a new ESR referral 6 months prior to the new ERD. The ESR referral will only include information since the last ESR was submitted.
C. If the ISRB determines the CCB offender will be released, the Counselor will work with the offender to immediately develop a Community Release Referral (CRR) and Offender Accountability Plan with Transition Plan (OAP w/TP) to be forwarded to the field for investigation.

D. The CCO will complete the OAP w/TP and the CRR.
1. In the risk analysis narrative of the OAP w/TP, the CCO will recommend for or against the plan, including conditions of release.
a. The CCO will recommend the following condition of release: "Must consent to allow home visits by the Department to monitor compliance with supervision. Home visits include access for purposes of visual inspection of all areas of the residence in which the offender lives or has exclusive or joint control or access." Home visits will be conducted per DOC 380.240 Field Contacts.

b. If the ISRB establishes the condition, it will be included in the OAP as a verification strategy under a targeted risk.
2. If the CCO approves the plan s/he will print and forward a copy of the approved OAP to the ISRB, along with DOC 09-115 Board – Transition Plan Investigation.

3. If the CCO denies the plan s/he will print and forward a copy of the denied OAP w/TP to the ISRB. The CCO and Counselor will immediately identify release plan alternatives per DOC 350.200 Transition and Release of Offenders to the Community.
DEFINITIONS:
Words/terms appearing in this policy directive may be defined in the glossary section of the Policy Directive Manual.

ATTACHMENTS:
Notice to Community Custody Board Offenders
Your Statement

DOC FORMS (See Appendix):
DOC 09-115 Board – Transition Plan Investigation
DOC 19-078 ESRC Report Receipt Acknowledgment
  #15  
Old 05-24-2006, 09:21 PM
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Default Notice to Community Custody Board Offenders

NOTICE TO ALL COMMUNITY CUSTODY BOARD OFFENDERS

Legislation in 2001, made significant changes for offenders who committed sex offenses or sexually motivated offenses on or after September 1, 2001 (RCW 9.94A.712). The following is provided to you as a brief overview of these changes.

You have been sentenced to an indeterminate term of confinement, subject to a minimum and maximum term sentence, as noted on your Judgement and Sentence. Additionally, until you reach your maximum term, you will continue to be under the authority of the Indeterminate Sentence Review Board (ISRB) and to be supervised by the Department of Corrections (DOC).

The legislation authorizes the ISRB to determine release dates for all offenders sentenced to an indeterminate term of confinement. You will not be released from confinement until a .420 hearing is held by the ISRB. In order to assess your possible release, DOC will conduct an examination of your criminal history using risk assessment tools, polygraphs, psychological evaluations, and other instruments that are recognized by the experts in the prediction of sexual dangerousness. This includes a prediction of the probability of future sexual offenses. The law states you shall participate in these examinations. However, if you choose not to participate in the polygraph, psychological evaluations, or other assessments, the ISRB may consider your failure to participate when determining whether or not to release you to the
community.

The file material used to evaluate your release will be presented to the End of Sentence Review Committee for a recommendation of your likelihood to commit future sex offenses if released, a recommendation of additional conditions if released, and a determination of a sex offender notification level.

Once the End of Sentence Review Committee has made a recommendation on conditions and notification level, the file material will be forwarded to the ISRB. The ISRB will conduct a .420 hearing to review your possible release to the community. Prior to this hearing, you will be given an opportunity to review all the documents that will be considered for your release and you will be given an opportunity to respond with a written statement prior to your hearing. This written statement will be reviewed by the ISRB. In addition, during the hearing, you will be given an opportunity to give a verbal statement.

If the ISRB finds you eligible for release, you will submit a proposed release address. Your release address will be investigated by a Community Corrections Officer. If the release address is approved, it will be forwarded to the ISRB for approval. If the release address is denied, you will need to submit another address until a release plan is approved. The ISRB must review and approve the release plan.

If the ISRB does not find you eligible for release, your minimum term may be extended up to 2 years. You may be required to participate in crime-related treatment and programs to reduce your likelihood to commit future sex offenses. Prior to you reaching the new minimum term, DOC and ISRB will again review you for release and another hearing will be scheduled. You will continue this process until the ISRB finds that you can be released or you reach your maximum term.
  #16  
Old 05-24-2006, 09:24 PM
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Default Your Statement

YOUR STATEMENT

The Indeterminate Sentence Review Board will decide whether you are to be released at the conclusion of your court set minimum term or be further incarcerated (RCW 9.95.420(3)).

You should make a written statement of:

1. What YOU think the Board should know about the crime you are convicted of,

and/or

2. How you came to be convicted.

Every word is important and should be YOUR OWN, especially if you must dictate the statement to someone assisting you. Detail and legibility are very important so we can understand your case. Use only a pen and make no corrections except in the box provided.

Corrections



Name:_____________________________________________ ___
DOC # _______________
  #17  
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Default 320.145 Violator Confinement in Department Facilities

PRISON/PRE-RELEASE/WORK RELEASE/FIELD

NUMBER DOC 320.145

EFFECTIVE DATE
6/18/03

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY
DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

TITLE VIOLATOR CONFINEMENT IN DEPARTMENT FACILITIES

SUPERSESSION:
None

REFERENCES:
DOC 100.100 is hereby incorporated into this Policy Directive; RCW 9.94A; WAC 137-28; DOC 280.500 Records Management of Offender Central, Field, and Work Release Files; DOC 320.140 Jail Bed Resources for Offenders; DOC 320.155 Violation Process/Violations of Conditions; DOC 320.165 Community Custody Violator Sanction to Work Release; DOC 320.200 Administrative Segregation; DOC 350.100 Earned Release Time; DOC 350.200 Risk
Based Transition for Offenders; DOC 350.250 Order of Release and/or Transfer to Community Custody; DOC 350.600 Teletype Notification of Release of Offenders; DOC 390.300 Victim/Witness Notification; DOC 440.000 Property for Offenders; DOC 460.130 Hearings for Community Custody, Work Release, and Pre-Release

POLICY:

I. Community Custody Inmate (CCI), Community Custody Prison (CCP), Community Custody Jail (CCJ), and Community Custody Past Maximum Expiration Date (CCM) offenders under the supervision of the Department who are in violation of the conditions of supervision may represent a level of risk to the community that requires their placement in pre-hearing confinement in order to mitigate further risk to the community.

II. CCI, CCP, CCJ, and CCM offenders under the supervision of the Department who have been found guilty of violation behavior may be sanctioned to post-hearing total or partial confinement, when appropriate, based on the Department’s Offender Behavior Response Guide.

III. Offenders who are placed on pre-hearing or post-hearing confinement may be placed as follows:
A. In a local county jail as authorized by DOC 320.140 Jail Bed Resources for Offenders based on local agreements. Use of local jail beds by the Department for sanction confinement time is dependent on jail capacity and local agreement.

B. In the absence of a local agreement or refusal by the local county jail, violators will be housed in the nearest Department facility unless specific circumstances preclude this (e.g., health care, gender specific housing, programming, etc.). NUMBER

C. At Washington Corrections Center (WCC) or Washington Corrections Center for Women (WCCW) Reception Centers when being returned from another state.
D. Per DOC 320.165 Community Custody Violator Sanction to Work Release.

IV. If pre-hearing or post-hearing confinement occurs, the case will remain assigned to the supervising Community Corrections Officer’s (CCO) caseload.

V. Violators will be housed in the least restrictive custody level unless there are compelling behavioral reasons for a higher custody level. Offenders under 18 must be kept separate from adult offenders.

VI. CCM offenders who are in violation of the conditions of supervision and represent a level of risk to the community that requires their placement in pre-hearing or posthearing confinement may only be confined in a local county jail. CCM offenders may not be confined in a Department partial or total confinement facility, except under emergency circumstances when approved in writing by the Department Secretary or designee. Pre-hearing CCM offenders in transit who require short term housing in a Department facility will be considered County Boarder status and require approval by the Chief of Classification.

DIRECTIVE:

I. Placement Requirements

A. CCI, CCP, CCJ, and CCM offenders under the supervision of the Department may be placed in a Department facility for pre-hearing or post-hearing confinement.

B. In all cases, the CCO must provide a copy of the email submitted to the Office of Correctional Operations (OCO) Classification Unit Violator Desk for authorization to place the offender in confinement to the facility at the time the offender arrives.

C. If the CCO is aware of any medical or mental health issues that are currently being treated and/or requir e treatment, the CCO will contact the Utilization Management and Reimbursement Unit to discuss placement options. Staff in this Unit are available by pager 24 hours a day. This number will be posted on
DOCMail Bulletin Board.

II. Arranging Pre-Hearing or Post-Hearing Confinement in a Department Facility

A. During normal work hours:
1. Transportation will be done consistent with the Regional Transport Plan.
a. Prison staff should provide the transportation; however, if time and proximity permit, CCOs can make the transport.

b. Violators returned from other states must have transportation arrangements made by the Extradition Unit.
2. After transportation arrangements have been confirmed, the CCO will contact the OCO Classification Unit Violator Desk and the Correctional Records Manager (CRM) at the holding facility using DOC 09-180 Violator
Transport Order Request for authorization to place the offender in prehearing confinement.

3. The OCO Classification Unit will provide email authorization for placement and will forward it to the receiving facility’s Records Office, transport staff, and the CCO. Notification may also include telephone contact with the receiving facility.
B. After normal work hours:
1. The CCO will identify the nearest Department facility and contact the Headquarters (HQ) Duty Officer to get authorization to place the offender in a Department facility and get assistance from the facility to transport the offender, if needed.

2. If confinement is authorized, the HQ Duty Officer will contact the receiving facility to make any necessary transport arrangements with the facility. The CCO will notify the OCO Classification Unit the next working day.

3. The OCO Classification Unit will follow up with the receiving facility the next working day to assure a transfer order or Offender Based Tracking System (OBTS) electronic authorization has been completed.
III. Conditions of Pre-Hearing and Post-Hearing Confinement in a Department Facility

A. Violators will be housed in the least restrictive custody level unless there are compelling reasons for a higher custody level. Placement in Administrative Segregation must comply with the requirements and processes in DOC 320.200 Administrative Segregation and WAC 137-28 Discipline.

B. The facility housing the offender will provide for the medical screening of the offender. Facilities may use DOC 02-126 Self - Reported Health Screening for Offenders.

C. The facility may request transfers for placement changes through the Classification process when:
1. Necessary resources (e.g., mental/medical/dental health services, etc.) to manage the offender are not available, or

2. Special needs (e.g., protection issues, facility prohibitions, behavior requires closer supervision, etc.) exist that exceed the facility’s ability to manage the violator or the violator’s behavior.
D. The facility housing the offender will ensure that the DOC Wanted Person entry has been cleared.

E. The facility housing the offender is responsible for processing any personal property received with the offender. The offender’s property will be handled per DOC 440.000 Property for Offenders.

F. Community Custody violators detained for more than 10 days will have the same rights and privileges as newly arrived admissions regarding visitation, telephone use, offender store, etc.

G. Pre-hearing Community Custody violators will be granted telephone access for the purpose of hearing preparation.

H. Violators confined in a Department facility will be granted earned release time at a rate of one third.

I. Violators may be infracted.
1. The Counselor will report any violations of Department-imposed or Court ordered conditions identified on OBTS DT90, the Judgement and Sentence (J&S), or DOC 09-233 Hearing and Decision Summary to the offender’s assigned Field CCO as soon as possible. The CCO will respond to the report consistent with DOC 320.155 Violation Process/Violations of Conditions.

2. Offender behaviors that violate facility rules will be handled through the facility disciplinary process.
a. For CCJ and CCM cases, the facility may impose a sanction of loss of good time that was gained, but cannot impose any sanction that will increase the confinement time imposed by the Department
Hearing Unit.

b. If the behavior warrants an increase in the sanction time to be served, the offender’s assigned CCO will be contacted by the assigned Facility Counselor/CCO. The CCO may prepare a violation report to pursue a new Community Custody hearing. c. Infraction behavior cannot be sanctioned by both a facility hearing
and a Community Custody hearing.
IV. Release From Facility Pre-Hearing Confinement

A. The offender will be released from pre-hearing confinement when:
1. S/he has been found not guilty,

2. S/he has been found guilty, but the sanction imposed does not include continued confinement, or

3. An appeal is upheld with the Regional Appeals Panel and the offender is ordered released.
B. The assigned CCO or Facility Superintendent/designee may request an offender’s release from facility pre-hearing confinement for reasons that include, but are not limited to:
1. Serious medical, dental, and/or mental health issues, or other circumstances, and

2. Hearing Unit approves a conditional release per DOC 460.130 Hearings for Community Custody, Work Release, and Pre-Release.
C. Release must be authorized, in writing, by the Hearings Program Administrator, the Hearings Program Staff Coordinator or a Hearing Officer 2 for conditional releases. Written authorization:
1. May be made using email,
2. Must include the specific reason(s) for the release, and
3. Will be distributed to:
a. CRM/designee where the offender is confined,
b. The supervising CCO,
c. OCO Classification Unit, and
d. Staff initiating the request for release.
V. Post-Hearing Confinement Facility Assignment and Classification

A. If specific programming is being recommended as a sanction, prior to requesting post-hearing confinement, the CCO must contact the facility to ensure the program(s) exists and an opening is available prior to the hearing.
1. The CCO will notify the facility of any change in a proposed sanction.
B. The OCO Hearing Unit Hearing Officers may sanction a violator to post-hearing confinement which may include a requirement for the offender to participate in and successfully complete programming related to the violation behavior(s).
1. When programming is required and the offender is determined to be ineligible for placement at either the facility where the program is offered or for the program, the assigned Counselor will refer the case back to the Hearing Officer for resolution.
C. Violators will be assigned a custody level by the OCO Classification Unit.
1. CCJ offenders will be assigned a level of custody as an initial classification action that will be documented on OBTS DI88.

2. CCI and CCP offenders who have previously been incarcerated will be assigned custody as a Custody review action using OBTS DI89, Violation (V) type review.
VI. Release from Post-Hearing Confinement

A. CCJ and CCM release dates will be tracked using OBTS DT07. The release date will be calculated based on the length of the sanction as entered on OBTS DP21.

B. Risk Management-A and high need RM-B offenders release circumstance (i.e., address, living conditions, employment expectations, community concerns, and victim and potential victim concerns) will be reviewed by the assigned CCO and may be reviewed by the Facility or Regional Risk Management Specialist (RMS).
1. Release arrangements may include:
a. Department provided transportation directly to the County Sheriff’s office in the county of the proposed residence, or county of conviction when the violator has no release address, if the violator
has been convicted of a registerable offense.

b. Department provided transportation to the Supervising CCO’s office or other designated location, if appropriate.

c. Guardian or family provided transportation.
C. Other RM-B offenders release circumstances should be reviewed by the assigned CCO. Depending on the type and level of need for services (e.g., medications, mental health, etc.) as the offender transitions from the facility to the community, the case may also be suitable for review by the Facility or Regional RMS.
1. Release arrangements may include:
a. Department transportation to the CCO’s office or other designated location,

b. Department paid bus ticket to the release community, a sack lunch, and/or clothing for inclement weather, or

c. Guardian, family, or friend provided transportation.
D. RM-C and RM-D offenders release circumstances should be reviewed by the Facility Risk Management Transition Team.
1. Release arrangements may include:
a. Department paid bus ticket to the release community, a sack lunch, and/or clothing for inclement weather, if appropriate, or

b. Guardian, family, or friend provided transportation.
E. RM-A and high need RM-B CCI and CCP violators sanctioned to serve more than 120 days will transition back to the community by the end of their sanction time per DOC 350.200 Risk Based Transition for Offenders. If sanctioned to less than 120 days, they will be released at the end of the sanction to an approved address.
1. The assigned CCO retains the case while the offender is serving the sanction. S/he will immediately begin to work with the offender and the Counselor to prepare a release address and/or release plan so the offender is not retained in custody beyond the end of his/her sanction date.

2. Retention of an offender beyond the end of the specified sanction time for lack of a transition plan or release address must be approved, for cause, by the Regional Administrator (RA). The RAs will submit a monthly report, detailing the reasons for any extensions and actions taken to affect the offender’s release, to the OCO Assistant Deputy Secretary.
F. RM-C, RM-D, and non-high need RM-B offenders will be released at the end of their sanction. The assigned CCO will facilitate placement back into the community.

G. In all cases, the CCO retains the case when a CCI, CCP, CCJ, or CCM offender is sanctioned to confinement. The Facility CCO/Counselor cannot change the risk management classification level.

H. Releasing CCI and CCP Violators
1. When the violator is not releasing under post-release supervision and the sanction was less than 120 days:
a. The Facility Counselor/CCO will notify the CRM/designee, via email, of the release date and name of the assigned CCO.

b. The CRM/designee will use DOC 09-233 Hearing and Decision Summary to calculate the release date, prepare DOC 20-312 Registration - Notification Requirements, and update OBTS DI43.
2. When the violator is releasing from a sanction that was 120 days or more, the CRM/designee will:
a. Use DOC 09-233 Hearing and Decision Summary and prepare DOC 20-312 Registration - Notification Requirements and obtain the offender’s signature.

b. Notify law enforcement per DOC 350.600 Teletype Notification of Release of Offenders.

c. Notify the Community Protection Unit, if applicable, per DOC 390.300 Victim/ Witness Notification and DOC 350.500 End of Sentence Review.

d. Send email notification of the offender’s release per DOC 350.250 Order of Release and/or Transfer to Community Custody to the supervising CCO/office of supervision and Field CRM when the release is prior to the maximum expiration date.

e. Transfer the central and medical files within 72 hours of release per DOC 280.500 Records Management of Offender Central, Field, and Work Release Files, and note the file transfer on OBTS DT37.

f. Update OBTS DI43.

g. Ensure the DOC Wanted Person entry has been cleared.
I. CCJ violators, and CCM violators if held in a Department facility, will be released
at the end of their sanction.
1. Prior to release:
a. The assigned Counselor/CCO or designated facility staff will:
1) Verify the release address with the offender and notify the CRM/designee.

2) Contact the Facility RMS prior to the release of RM-A and RM-B offenders.

3) Make arrangements and do notification to custody staff/designee for transportation, if required.
b. The CRM/designee will:
1) Run an NCIC/WACIC check to determine if there are any outstanding warrants. When outstanding warrants are listed, the warrant will be verified with the issuing law enforcement agency to coordinate the offender’s transport to the jurisdiction at the time of release.

2) Notify law enforcement per DOC 350.600 Teletype Notification of Release of Offenders.
2. At the time of release the CRM/designee will:
a. Send an email notification of the offender’s release to the supervising CCO/office of supervision and Field CRM/designee.

b. Update OBTS DI43.

c. Scan or forward the CCJ violator file to the OCO Classification Unit imaging file room for scanning into the Department’s imaging system.

d. Ensure the DOC Wanted Person entry has been cleared.
3. Victim/Witness and Sex Offender Notification are not required for CCJ releases.
DEFINITIONS:
Words/terms appearing in this Policy Directive may be defined in the Glossary section of the Policy Direction Manual.

ATTACHMENTS:
None

DOC FORMS (See Appendix):
DOC 02-126 Self - Reported Health Screening for Offenders
DOC 09-180 Violator Transport Order Request
DOC 09-233 Hearing and Decision Summary
DOC 20-312 Registration - Notification Requirements
  #18  
Old 05-24-2006, 09:27 PM
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Default 320.150 Disciplinary Sanctions

PRISON/PRE-RELEASE/WORK RELEASE

NUMBER DOC 320.150

EFFECTIVE DATE
10/3/05

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
HAROLD W. CLARKE, SECRETARY

TITLE DISCIPLINARY SANCTIONS

SUPERSESSION:
DOC 320.150 effective 3/26/04

REFERENCES:
DOC 100.100 is hereby incorporated into this policy directive; RCW 9.94.070; RCW 72.09.130; RCW 72.09.500; WAC 137-28; ACA 6C-04; DOC 350.100 Earned Release Time; DOC 461.000 Offender Disciplinary Process Requirements

POLICY:

I. The Department will ensure a hearing is conducted in accordance with WAC 137-28 and DOC 461.000 Offender Disciplinary Process Requirements when a serious infraction is reported.

II. When an offender is found guilty, the Hearing Officer will determine the sanctions based on the circumstances, seriousness of the offense, and the offender's previous conduct record. Staff are encouraged to utilize alternative sanctions (i.e., loss of privileges, extra duty, or a change in housing assignment) in lieu of extending the offender’s minimum term for all but the most serious violations. The Disciplinary Sanction Table for Prison and Pre-Release (attached) will be used as a guideline for a loss of good conduct time credits for each category of offense.

III. An offender serving a sentence for an offense committed on or after August 1, 1995, may have his/her earned time credits, as specified in DOC 350.100 Earned Release Time, taken away as part of a disciplinary sanction when s/he has lost all good conduct time credits for the current commitment.

DIRECTIVE:

I. Loss of Good Conduct Time Credits

A. The Hearing Officer will determine the appropriate sanction(s) when an offender is found guilty of a serious infraction. The Disciplinary Sanction Tables (attached) provide guidelines for a range and maximum loss of good conduct time credits for each category of offense.

B. If the Hearing Officer feels that the circumstances of an offense require a sanction beyond the recommended maximum, s/he may make a written recommendation to the Superintendent/Hearings Administrator.

C. If more than one infraction arises out of a single incident, the Hearing Officer should be guided by the sanction range for the most serious category of offense.

D. Earned or future good conduct time credits may be reduced.

II. Loss of Earned Time Credits

A. Prison offenders serving an offense committed on or after August 1, 1995, who have a record of being a persistent management/disciplinary problem, may also have earned time credits taken away.
1. Offenders will be referred for prosecution for the crime of persistent prison misbehavior when found guilty of a serious infraction that is not a Class A or B felony after losing all potential earned release time credits. The Hearing Officer will notify the Superintendent of the need for the referral.

2. Referrals for prosecution will occur within 30 days of the completion of the infraction appeal process.
B. Earned or future earned release time credits may be reduced for offenders serving a sentence for an offense committed on or after August 1, 1995.

III. Failing or Refusing to Maintain a Work or Education Program Assignment

A. Per RCW 72.09.130, offenders found guilty of a 557, 857, or 810 infraction for failing or refusing to maintain a work or education program assignment will lose all available earned release credits (earned time and good conduct) for the month and specified privileges determined by the Disciplinary Hearing Officer.
1. OBTS automatically computes the loss of good conduct time credits for a 557, 857, or 810. Sanctions are:
a. 10 days for the first offense, and
b. 30 days for subsequent offenses.
B. Minimum sanctions for loss of privileges are:
1. 30 days for a first offense,
2. 90 days for a second, and
3. 180 days for a third in a 12-month period.
C. One or more of the following privileges may be suspended:
1. Loss of recreation – may limit up to one hour a day of equipmentless recreation,
2. Loss of television/radio,
3. Loss or limitation of store privileges,
4. Loss of library privileges, excluding law library,
5. Loss of day room access,
6. Loss or limitation of personal property,
7. Denial of attendance at special events,
8. Denial of participation in offender organization functions,
9. Loss of housing assignment, and/or
10. Removal from waiting lists for work or other program assignments.
D. The 12-month period begins on the date of a guilty finding for a 557 infraction.

E. An offender who is found guilty of a 501, 502, 511, 604, 801, or 802 infraction will be prohibited from participating in any form of weightlifting for a period of 2 years from the date the infraction was adjudicated. This sanction will be imposed by a Disciplinary Hearing Officer upon a finding of guilt of one of the cited infractions per RCW 72.09.500.

IV. Documentation

A. The offender will be given a copy of DOC 21-312 Disciplinary Hearing Minutes and Findings and will sign the form acknowledging receipt.
1. If the offender refuses to sign the form, a staff member will sign, witnessing the offender’s refusal.
B. Designated staff will update Offender Based Tracking System (OBTS) DI46 and DI89 to include a narrative description for each serious infraction.

C. Disciplinary Hearing Officers have the responsibility to keep the disciplinary hearing database updated.

DEFINITIONS:
The following words/terms appearing in this policy directive are italicized and defined in the glossary section of the Policy Directive Manual: Earned Time, Earned Release Time, Persistent Prison Misbehavior. Other word/terms appearing in this policy directive may also be defined in the glossary.

ATTACHMENTS:
Disciplinary Sanction Table for Prison and Pre-Release
Disciplinary Sanction Table for Work Release [6C-04]

DOC FORMS (See Appendix):
DOC 21-312 Disciplinary Hearing Minutes and Findings
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Default 320.155 Violation Process/Violations of Conditions

PRE-RELEASE/WORK RELEASE/FIELD

NUMBER DOC 320.155

EFFECTIVE DATE
7/29/02

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY
DIRECTIVE
Offender Manual Spanish

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY

TITLE VIOLATION PROCESS/VIOLATIONS OF CONDITIONS

SUPERSESSION:
DOC 320.155 signed 7/31/00

REFERENCES:
DOC 100.100 is hereby incorporated into this Policy Directive; RCW 9.94A; DOC 280.510 Public Disclosure of Records; DOC 320.140 Jail Bed Resources for Offenders; DOC 320.165 Community Custody Violator Sanction to Work Release; DOC 390.570 Supervising Special Sex Offender Sentencing Alternative (SSOSA) Offenders; DOC 460.130 Hearings for Community Custody, Work Release and Pre-Release; DOC 670.655 Special Drug Offender
Sentencing Alternative

POLICY:

I. Community Corrections Officers (CCO) are responsible for taking action on known offender violations based on risk.

II. The Department authorizes the use of Stipulated Agreements for all types and classifications of offenders as an alternative to a formal Department Hearing.

III. A Hearing Officer from the Office of Correctional Operations (OCO) Hearing Unit must make a probable cause determination within 3 working days of initial detention when an offender is arrested without warrant and detained for violation of conditions.

DIRECTIVE:

I. Offender Violations – General

A. Supervisors will ensure that CCOs take appropriate action when they learn an offender has violated conditions of supervision, probation, or parole.

B. Allegations involving violent, assaultive, or threatening behavior that poses a serious risk to the community, or behavior that is denied by the offender shall be addressed in a formal Hearing. CCOs shall consider a range of appropriate responses to other offender violation behavior as alternatives to a formal
Department Hearing process.
1. Appropriate, alternative responses shall be considered based on the offender’s risk, the seriousness of the violation, and the offender’s violation history. CCOs will use the Offender Behavior Response Guide (attached) when determining the appropriate response.
a. The response to violations shall occur within 30 calendar days from the date that the CCO becomes aware of the violation. Supervisors may authorize an additional 30 days to respond to violations of Risk Management (RM-D) offenders.

b. The response to violations shall be documented on the Offender Based Tracking System (OBTS) DT37, and may include, but is not limited to:
1) No action taken, with reason why:
2) Verbal or written reprimand/warning; or
3) Stipulated agreement.
C. All violations will be acted upon within documented time frames per this Policy Directive, prior to the termination date of supervision, probation, or parole. The CCO/designee will enter allegations on the appropriate OBTS DP18, DP19, DP21, DI46, and/or DI89 screen(s), and findings of guilt and custody
classification will be entered into OBTS by the Corrections Records Specialist/designee as appropriate.

D. CCOs will submit DOC 09-228 Report of Alleged Violations when a community custody offender escapes or absconds and is placed on inactive status.

II. Stipulated Agreement

A. If the behavior constitutes a violation of a supervision condition, the offender admits to committing the alleged behavior, and it is determined that a Stipulated Agreement is appropriate, DOC 09-226 DOC Jurisdiction Only Notice of Violation/Stipulated Agreement, DOC 09-051 Notice of Violation/Stipulated
Agreement, or local version shall be written and signed during a face-to-face meeting with the offender.
1. The Agreement will:
a. List all alleged violation behaviors;
b. List the specific actions/measures that the offender shall take to address or repair the harm done by the violation behavior;
c. Include specific time frame requirements; and
d. Be approved by the Supervisor.
2. The appropriate Stipulated Agreement will be written and applied with regard for the offender’s crime of conviction, the violation(s) committed, the offender’s risk of re-offending, and the safety of the community.

3. The CCO/designee shall enter the Stipulated Agreement violations in OBTS DP18 and shall document the facts and circumstances of the Stipulated Agreement in OBTS DT37.
B. Failure to comply with the terms of a Stipulated Agreement constitutes a violation of conditions of supervision and is considered a violation of a Department requirement/condition. If the violation behavior, which is a violation of a targeted risk condition has previously been addressed in a Stipulated Agreement, the Hearing Officer may count the Stipulated Agreement as a violation process score when evaluating the appropriate sanction at a subsequent Hearing.

C. Stipulated Agreements will not be used to impose confinement or to release from confinement.

D. Where the sentencing Court continues to have violation/sanction jurisdiction. The original Stipulated Agreement shall be submitted to the Court and Prosecuting Attorney within 3 working days of signing. A copy shall be forwarded to the Regional Records Unit for entry of the sanction/response information.
1. A Stipulated Agreement submitted to the Court will not take effect immediately. The Court has 15 calendar days from receipt of the Stipulated Agreement to schedule a Hearing or modify Department
sanctions.
E. Where the Department retains violation/sanction jurisdiction the CCO shall forward the original Stipulated Agreement to the Regional Records Unit for entry of the sanction/response information.
1. In all other cases, a copy of the Stipulated Agreement will be forwarded to the Regional Records Unit for entry of the sanctions/response information.

2. The Stipulated Agreement will take effect immediately upon supervisory approval.
F. If the CCO determines that the violation merits partial or total confinement s/he should first consider the appropriateness of home detention with electronic monitoring. The offender’s medical/mental health criteria should be considered. The CCO may contact the Department’s Health Services Utilization Review
Manager in Olympia at (360) 455-6309 to assist in developing a response/sanction recommendation.
1. If no viable alternatives remain, the CCO shall consider the most appropriate venue and duration of incarceration.
III. Hearing Process Time Frames

A. Time frames that begin when the violation becomes known to the CCO:
1. Non-Detained Cases
a. CCOs will serve offenders DOC 09-230 Work Release Notice of Allegations, Hearing, Rights, and Waiver; DOC 09-231 CommunityCustody Notice of Allegations, Hearing, Rights, and Waiver; or DOC 09-232 Pre-Release Notice of Allegations, Hearing, Rights, and Waiver within 30 calendar days.
1) Except for Work Release and Pre-Release cases, CCOs will provide the necessary Discovery information to the offender not less than 7 working days before the Hearing.
2. Arrested Pursuant to Warrant/Suspended Cases
a. CCOs will serve the following documents, as appropriate, within 3 working days of the detention/suspension and distribute the documents to the detaining authority or Hearing Officer:
1) DOC 09-230 Work Release Notice of Allegations, Hearing, Rights, and Waiver;
2) DOC 09-231 Community Custody Notice of Allegations, Hearing, Rights, and Waiver; or
3) DOC 09-232 Pre-Release Notice of Allegations, Hearing, Rights, and Waiver; and
4) DOC 09-325 Order for Arrest and Detention; DOC 09-076A Compact – Interstate Order to Detain; and/or
5) DOC 09-125 Order of Parole Suspension, Arrest, and Detention,
b. Except for Work Release and Pre-Release cases, the CCO will provide the necessary Discovery information to the offender within 3 working days of service of DOC 09-231 Community Custody
Notice of Allegations, Hearing, Rights, and Waiver.
3. Arrested/Detained Without Warrant Cases
a. The CCO shall request probable cause determination through the Probable Cause/Warrants Unit no later than the next working day following the arrest without warrant and detention of an offender by
fax, phone, or electronically. The following information will be provided:
1) Offender name;
2) DOC number;
3) Offender date of birth (DOB);
4) Crime of conviction;
5) County and cause numbers of jurisdiction;
6) Arrest date;
7) CCO name and phone number;
8) Condition(s) alleged to have been violated;
9) A description of evidence that supports the position that there is probable cause to believe a violation has occurred; and
10) Supervision end date.
b. The Hearing Unit must make a probable cause decision within 3 working days of arrest and immediately enter the decision on OBTS DT37.

c. The appropriate Notice of Allegations, Hearing, Rights, and Waiver must be served on the offender within 3 working days of probable cause entry in OBTS DT37.

d. Except for Work Release and Pre-Release cases, the CCO, or other authorized Department employee, will provide the necessary Discovery information to the offender within 3 working days of service of DOC 09-231 Community Custody Notice of Allegations, Hearing, Rights, and Waiver.
IV. Probable Cause

A. An OCO Hearing Unit Hearing Officer must make a determination whether there is probable cause to believe a violation has occurred in all cases where the offender is detained, pre-hearing without a warrant.

B. If the Hearing Unit Administrator/designee determines that there is no probable cause to believe a violation has occurred, s/he will immediately notify the CCO and order that the offender be released from detention. The CCO will promptly issue the necessary release from detention paperwork to the detaining facility:
1. DOC 09-014 Cancellation of Order for Arrest and Detention and Order for Release or Transfer;

2. DOC 09-014A Cancellation of Detainer for Interstate Compact cases; and/or

3. Only the ISRB may cancel DOC 09-125 Order of Parole Suspension, Arrest, and Detention.
V. Distribution of Hearing Documents

A. Hearing documents will be distributed to the appropriate detaining authority as specified in the Distribution of the Hearing Documents. (attached)

VI. Scheduling Hearings

A. If the Court retains jurisdiction of the offender, the Court will schedule the Hearing per local practice.
1. If the offender is detained, the sentencing Court will be notified by the next business day.

2. CCOs must be subpoenaed to testify at Court Hearings when:
a. Traveling and testifying will take longer than the normal workday;
b. Testifying at the trial of an offender being prosecuted for a new offense; or
c. Testifying out of state.
B. If the offender is under the jurisdiction of the Indeterminate Sentence Review Board (ISRB), all parole Hearings will be scheduled by the ISRB.
1. If the offender is detained, the ISRB will schedule Hearings within 2 weeks of service of the document.
C. CCOs will be responsible for scheduling community custody Hearings for offenders under the Department’s jurisdiction.
1. CCOs will telephone the Hearing Unit Regional Records staff to request a Hearing and will provide the following information:
a. Offender name and DOC number;
b. Location;
c. Number of allegations;
d. Estimated length of the Hearing, and
e. Number of witnesses.
2. The Hearing Unit Regional Records staff will notify the requesting CCO of the Hearing time and place no later than the next working day.
a. In-custody Hearings must be held within 5 working days from the date of service of DOC 09-230 Work Release Notice of Allegations, Hearing, Rights, and Waiver; DOC 09-231 Community Custody Notice of Allegations, Hearing, Rights, and Waiver; or DOC 09-232 Pre-Release Notice of Allegations, Hearing, Rights, and Waiver.

b. Out-of-custody Hearings must be held within 15 calendar days of service of the violations alleged.
VII. Preparation for Hearings

A. To prepare for a Hearing, the CCO shall:
1. For community custody Hearings, complete DOC 09-228 Report of Alleged Violations and DOC 09-126 Supplemental Report of Alleged Violations, if required, prior to the scheduled Hearing and deliver to the
offender and the Hearing Officer as part of Discovery.

2. Consult with his/her Supervisor when recommending response options outside the Offender Behavior Response Guide (attached) option ranges.

3. Obtain Supervisor approval when recommending any response that will result in incarceration or suspended confinement time.

4. Obtain certified interpretive services for offenders with language or communication barriers, if necessary, when serving Hearing documents and for the Hearing.
VIII. Pre/Post Hearing Confinement

A. If pre-hearing or post-hearing confinement is required, the CCO shall attempt to arrange placement in a local correctional facility/county jail under the guidelines established in DOC 320.140 Jail Bed Resources for Offenders and as stipulated in any existing local jail agreement made based on DOC 320.140 Jail Bed
Resources for Offenders. Placement may be precluded by medical/mental health needs disclosed by the offender or observed by Risk Management Team members, volunteers, or the CCO.

B. Whenever possible, the violator will be confined in the Region where s/he is to be sanctioned. Field offices and facilities are encouraged to work together to develop local agreements in their Region to facilitate placement.

C. The case will remain active on the supervising CCOs caseload.

IX. Special Sex Offender Sentencing Alternative (SSOSA)

A. SSOSA offenders who commit their crimes on or after June 6, 1996 and on or before July 1, 2000 on Community Custody (SCC) status are under the jurisdiction of the sentencing Court and Violations should be referred to the Court for disposition using DOC 09-228 Report of Alleged Violations.

B. SSOSA offenders on Community Custody past their Maximum Release Date (CCM) are under the jurisdiction of the Department and may be sanctioned to the county jail for up to 60 days per violation. Violations will be handled through the Department’s Hearing process.

C. County shuttle process shall be used to transport an offender confined in the local county jail from the county of confinement to the county of jurisdiction. The CCO will ensure the Headquarters Warrant Desk is notified to arrange transport.
1. CCOs will make arrangements with the local county jail, if applicable, prior to holding the offender for transport to the county of jurisdiction.
D. CCOs or other designated staff shall coordinate with local jails to hold offenders sanctioned to jail as a result of a CCM/SCC Violation Hearing. CCM cases may not be placed in a Department facility.

X. Drug Offender Sentencing Alternative (DOSA)**

A. For offenders who committed their crimes before July 25, 1999, while on community custody status, violations disposed of via DOC 09-226 DOC Jurisdiction Only Notice of Violation/Stipulated Agreement, DOC 09-051 Notice of Violations/Stipulated Agreement, or local version Stipulated Agreement and/or a Hearing conducted by a Department Hearing Officer are subject to a Court review.
1. CCOs will complete DOC 09-228 Report of Alleged Violations, using DOC 20-259 DOSA – Notice of Violation as the first page, recommending for or against further Court action based on the Hearing Officer’s decision.
a. A copy of DOC 09-228 Report of Alleged Violations will be distributed to the Chemical Dependency Treatment Unit in the West Central Region.

b. Court action will be requested within 30 days for a report recommending a Hearing and within 15 days if the Court decides to take further action on a Stipulated Agreement.
B. The following applies to offenders who committed their crimes on or after July 25, 1999:
1. If the offender violates any of the sentence conditions, the Department will hold a violation Hearing unless waived by the offender.

2. An offender who violates any conditions of supervision as defined by the Department shall be sanctioned.

3. If the Hearing Officer finds that conditions have been willfully violated, the offender may be reclassified to serve the remaining balance of the original sentence. If the offender is reclassified s/he shall be subject to all rules relating to earned release time.
XI. Hearings

A. Hearings shall be conducted per DOC 460.130 Hearings for Community Custody, Work Release and Pre-Release.

DEFINITIONS:
Words/terms appearing in this Policy Directive may also be defined in the Glossary section of the Policy Directive Manual.

ATTACHMENTS:
Offender Behavior Response Guide
Distribution of Hearing Documents

DOC FORMS (See Appendix):
DOC 09-014 Cancellation of Order for Arrest and Detention and Order for Release or Transfer
DOC 09-014A Cancellation of Detainer
DOC 09-051 Notice of Violations/Stipulated Agreement
DOC 09-076A Compact – Interstate Order to Detain
DOC 09-082 Compact – Notice of Violation
DOC 09-112 Compact – Supplemental Notice of Violation
DOC 09-114 Board – Notice of Violation
DOC 09-118 Board – Supplemental Notice of Violation
DOC 09-122 Court – Notice of Violation
DOC 09-125 Order of Parole Suspension, Arrest, and Detention
DOC 09-126 Supplemental Report of Alleged Violations
DOC 09-226 DOC Jurisdiction Only Notice of Violation/Stipulated Agreement
DOC 09-228 Report of Alleged Violations
DOC 09-230 Work Release Notice of Allegations, Hearing, Rights, and Waiver
DOC 09-231 Community Custody Notice of Allegations, Hearing, Rights, and Waiver
DOC 09-232 Pre-Release Notice of Allegations, Hearing, Rights, and Waiver
DOC 09-233 Hearing and Decision Summary
DOC 09-238 Confinement Order
DOC 09-239 Secretary’s Warrant
DOC 09-325 Order for Arrest and Detention
DOC 20-259 DOSA – Notice of Violation
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Default Distribution of Hearing Documents

Distribution of Hearing Documents

Hearing documents will be distributed to the appropriate detaining authority as follows:

1. Probation (pre-Sentencing Reform Act)/Community Supervision/ Misdemeanor
A. Court/Prosecutor/Defense Attorney
1. DOC 09-122 Court – Notice of Violation;
2. DOC 09-126 Supplemental Report of Alleged Violations; and
3. DOC 09-325 Order For Arrest and Detention.
B. Hearing Officer
1. DOC 09-230 Work Release Notice of Allegations, Hearing, Rights, and
Waiver; DOC 09-231 Community Custody Notice of Allegations, Hearing,
Rights, and Waiver; or DOC 09-232 Pre-Release Notice of Allegations,
Hearing, Rights, and Waiver;

2. DOC 09-228 Report of Alleged Violations; and
3. DOC 09-325 Order for Arrest and Detention.
C. Interstate Compact Preliminary Hearing
1. Hearing Officer
a. DOC 09-231 Community Custody Notice of Allegations, Hearing,
Rights, and Waiver;
b. DOC 09-082 Compact – Notice of Violation;
c. DOC 09-112 Compact – Supplemental Notice of Violations, if
applicable; and
d. DOC 09-076A Compact – Interstate Order to Detain.
D. Parole
1. Indeterminate Sentence Review Board (ISRB)
a A19-A Invoice Voucher;
b DOC 09-114 Board – Notice of Violation;
c DOC 09-118 Board – Supplemental Notice of Violation;
d DOC 09-125 Order of Parole Suspension, Arrest, and Detention;
e PB 401 Rights and Privilege
f PB 402 Violations Specified and Opportunity to Waive;
g PB 409 Request for Appointment of Counsel;
h. PB 410 Order for Appointment of Counsel;
i. PB 411 Affidavit and Request for Payment;
j. PB 413 Information Submitted on Behalf of Alleged Parole Violator
Per Rule 381-70-150 and Appointing Counsel Letter;
k. PB 414 Request of Continuance of On-Site Hearing; and
l. PB 415 Fee Schedule.
E. Insanity Acquittal
1. Court/Prosecutor/Defense Attorney
a. DOC 09-122 Court – Notice of Violation;
b. DOC 09-126 Supplemental Report of Alleged Violations.
c. Court Order that must be obtained prior to arresting or detaining a
conditionally released offender.
Rev. 6/14/02 DOC 320.155
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Default 320.160 Tolling of Supervision in the Community

STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS

POLICY DIRECTIVE
Offender Manual Spanish

NUMBER DOC 320.160

SIGNATURE DATE
JOSEPH D. LEHMAN, SECRETARY
EFFECTIVE DATE
8/25/04

TITLE TOLLING OF SUPERVISION IN THE COMMUNITY

SUPERSESSION:
DOC 320.160 effective 03/03/04

REFERENCES:
DOC 100.100 is hereby incorporated into this Policy Directive; RCW 9.94A.625; DOC 280.530 Supervision Files for Community Offenders

POLICY:

I. All offenders supervised on community placement, community supervision, community service, and community custody status from July 24, 1993, through July 24, 1999, will have supervision time in the community postponed or suspended (tolled) whenever the offender absconds from supervision or is placed in confinement for any reason. All offenders supervised on community placement, community supervision, and community custody status on or after March 30, 2000, will have supervision time in the community postponed or suspended (tolled) whenever the offender absconds from supervision or is placed in confinement for any reason. II. Community Corrections Officers (CCO) shall determine the time frame and supervision type. Action will depend on who has authority to toll as specified in Tolling Authority and Time Frames (attached).

DIRECTIVE:

I. Time Tolled

A. Department staff shall not toll:
1. From Other State (FOS),
2. Parole,
3. Probation,
4. Misdemeanor supervision, unless specifically ordered by the Court,
5. Monetary supervision,
6. International Naturalization Service (INS) and deportation,
7. Community Service Supervision (SER) after July 25, 1999
8. Community Custody Board (CCB) Releasees,
9. Mental Health commitments on LRA status including when the offender is in partial confinement at the state mental health facility, and
10. Offenders on active supervision who are on active military duty deployed to countries outside of the United States.
B. Department staff shall toll:
1. Supervision types Community Custody Maximum (CCM), Community Custody Jail (CCJ), Community Custody Prison (CCP), Post Release Supervision (PRS), and Community Supervision (SUP),

2. Supervision type Community Custody Inmate (CCI) only when the offender is on escape status,

3. Supervised appeal,

4. Electronic Monitoring, if ordered by the Court in lieu of jail time,

5. Inpatient Treatment, if ordered by the Court in lieu of jail time, and

6. Mental health commitments, both voluntary and involuntary.
C. Tolling shall occur as follows:
1. All periods of confinement during supervision, as specified in Tolling Authority and Time Frames (attached), toll beginning on the first day of confinement and ending on the day of release.

2. When an offender becomes unavailable for supervision, tolling will begin on the date of the last contact the CCO had with the offender and end on the date the offender again becomes available for supervision as specified in Tolling Authority and Time Frames (attached).

3. Community custody escape status begins tolling on the date the CCO requests/enters the Secretary’s Warrant Request eform and ends on the date the offender is apprehended and held on the Department warrant only.
a. CCI time when on escape status will extend the maximum expiration date. CCI offender beginning and ending dates for escape will be entered on OBTS DP14 as L50/G50 and L60/G60 codes.

b. All other community custody status offenders’ beginning and ending dates for escape will be entered on OBTS DP14 as L60/G60.
4. Staff shall check OBTS to ensure the original jail time has been entered for any commitment with the Department for which jail time was ordered.
a. For commitments with a date of offense prior to July 24, 1993, the first County Confinement Time (CCT) on OBTS DP14 generates an entry on the OBTS DP15.

b. For a commitment with a date of offense on or after July 24, 1993, but prior to July 1, 2000, a manual “original jail” entry should be made on OBTS DP15 by the Correctional Records Manager
(CRM)/Specialist (CRS).

c. For commitments with a date of offense on or after July 1, 2000, an entry of “OJT” accompanied with B01/E01 on OBTS DP14 will create an “original jail” entry on OBTS DP15.
5. All Court-ordered tolling will be entered on OBTS DP15 by the CRM/CRS.

6. CCOs shall enter the reason for tolling on OBTS DT37 with a TL code.

7. CCOs shall ensure compliance with all requirements under this section before transferring or closing a file per DOC 280.530 Supervision Files for Community Offenders.
II. Tolling Authority and Time Frames

A. Tolling will not occur unless ordered by the Court when the beginning and ending date of the abscond status or confinement time on a probation, PRS, or community supervision occurs from July 1, 1988, through July 23, 1993.
1. Community supervision starts on the date of sentence. Only the initial CCT entry will automatically toll supervision. Any additional tolling of supervision requires a Court Order.
B. The Department shall determine tolling for time periods occurring from July 24, 1993, to July 25, 1999.
1. The CCO shall toll time if:
a. The offender was absent prior to July 24, 1993, and apprehended after July 24, 1993, or

b. The offender was both absent and apprehended after July 24, 1993, and prior to July 25, 1999.
2. Original jail time imposed at sentencing on or after July 24, 1993, will be entered on OBTS DP14 as CCT followed by a B01 on the same date. When the offender is subsequently released from CCT, an X01 will be
entered to change the supervision type. At that time an E01 must be entered on the same date to end the confinement.
C. Only the Court can toll time on PRS and community supervision cases during the period of July 25, 1999, through March 29, 2000, except:
1. The Department can only toll time on CCI cases during the period of July 25, 1999, through March 29, 2000.
D. On or after March 30, 2000, the Department has tolling authority over all eligible supervision types per Tolling Authority and Time Frames (attached).

III. Adjustment

A. When an offender is detained and is later found not to have violated a condition or requirement of supervision, any related tolling entries will be deleted.
1. The CCO shall review OBTS DP14 and DP15 for accuracy.
DEFINITIONS:
Words/terms appearing in this Policy Directive may be defined in the Glossary section of the Policy Directive Manual.

ATTACHMENTS:
Tolling Authority and Time Frames

DOC FORMS (See Appendix):
None
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