title: RCW 72.40.015

text:
(1) The Washington center for deaf and hard of hearing youth is established to provide statewide leadership for the coordination and delivery of educational services to children who are deaf or hard of hearing. The activities of the center shall be under the authority of the director and the board of trustees. The superintendent and board of trustees of the *state school for the deaf shall be the director and board of trustees of the center.
(2) The center's primary functions are:
(a) Managing and directing the supervision of the *state school for the deaf;
(b) Providing statewide leadership and support for the coordination of regionally delivered educational services in the full range of communication modalities, for children who are deaf or hard of hearing; and
(c) Collaborating with appropriate public and private partners for the training and professional development of educators serving children who are deaf or hard of hearing.
[ 2019 c 266 s 1; 2009 c 381 s 2.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Findings—Intent—2009 c 381: "The legislature finds that the education of children who are deaf presents unique challenges because deafness is a low-incidence disability significantly impacting the child's ability to access communication at home, at school, and in the community. The legislature further finds that over the past fifty years, there have been numerous advances in technology as well as a growing awareness about the importance of delivering services to children in a variety of communication modalities to support their early and continued access to communication. The legislature intends to enhance the coordination of regionally delivered educational services and supports for children who are deaf or hard of hearing and to promote the development of communication-rich learning environments for these children." [ 2009 c 381 s 1.]
Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: "(1) The state school for the deaf is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state center for childhood deafness and hearing loss. All references to the superintendent or the state school for the deaf in the Revised Code of Washington shall be construed to mean the director or the Washington state center for childhood deafness and hearing loss.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state school for the deaf shall be delivered to the custody of the Washington state center for childhood deafness and hearing loss. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state school for the deaf shall be made available to the Washington state center for childhood deafness and hearing loss. All funds, credits, or other assets held by the state school for the deaf shall be assigned to the Washington state center for childhood deafness and hearing loss.
(b) Any appropriations made to the state school for the deaf shall, on July 26, 2009, be transferred and credited to the Washington state center for childhood deafness and hearing loss.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the state school for the deaf are transferred to the jurisdiction of the Washington state center for childhood deafness and hearing loss. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state center for childhood deafness and hearing loss to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the state school for the deaf shall be continued and acted upon by the Washington state center for childhood deafness and hearing loss. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state center for childhood deafness and hearing loss.
(5) The transfer of the powers, duties, functions, and personnel of the state school for the deaf shall not affect the validity of any act performed before July 26, 2009.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) The existing bargaining units shall be transferred in their entirety without the merging of other bargaining units or the inclusion of employees from other bargaining units. Nothing contained in this section may be construed to alter any of the existing collective bargaining units unless the bargaining unit has been modified by action of the public employment relations commission as provided by law. Therefore, the certification of the existing bargaining units shall remain. However, the commission may, upon request, amend the certification to reflect the name of the new agency. In addition, nothing in this section may be construed to alter the provisions of any existing collective bargaining agreement until the agreement has expired." [ 2009 c 381 s 11.]

catchline: Center for deaf and hard of hearing youth—Functions.


doc_type: statute

jurisdiction: wa

title: RCW 72.40.019

text:
The governor shall appoint a director for the Washington center for deaf and hard of hearing youth. The director shall have a master's or higher degree from an accredited college or university in school administration or deaf education, five or more years of experience teaching or providing habilitative services to deaf or hard of hearing students, and three or more years administrative or supervisory experience in programs for deaf or hard of hearing students.
[ 2019 c 266 s 2; 2009 c 381 s 4; 1985 c 378 s 14.]
Notes:
Findings—Intent—Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: See notes following RCW 72.40.015.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Center for deaf and hard of hearing youth—Appointment of director—Qualifications.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 72.40.0191

text:
In addition to any other powers and duties prescribed by law, the director of the Washington center for deaf and hard of hearing youth:
(1) Shall be responsible for the supervision and management of the center, including the *state school for the deaf, and the property of various kinds. The director may designate an individual to oversee the day-to-day operation and supervision of students at the school;
(2) Shall employ members of the faculty, administrative officers, and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law;
(3) Shall provide technical assistance and support as appropriate to local and regional efforts to build critical mass and communication-rich networking opportunities for children who are deaf or hard of hearing and their families;
(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the approval of the board of trustees;
(5) Shall, as approved by the board of trustees, control and authorize the use of the facilities for night school, summer school, public meetings, applied research and training for the instruction of students who are deaf or hard of hearing, outreach and support to families of children who are deaf or hard of hearing, or other purposes consistent with the purposes of the center;
(6) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of the center;
(7) Shall prepare, submit to the board of trustees for approval, and administer the budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable;
(8) Shall provide technical assistance and support to educational service districts for the regional delivery of a full range of educational services to students who are deaf or hard of hearing, including but not limited to services relying on American Sign Language, auditory oral education, total communication, and signed exact English;
(9) As requested by educational service districts, shall recruit, employ, and deploy itinerant teachers to provide in-district services to children who are deaf or hard of hearing;
(10) May establish criteria, in addition to state certification, for the teachers at the school and employees of the center;
(11) May establish, with the approval of the board of trustees, new facilities as needs demand;
(12) May adopt rules, under chapter 34.05 RCW, as approved by the board of trustees and as deemed necessary for the governance, management, and operation of the center;
(13) May adopt rules, as approved by the board of trustees, for pedestrian and vehicular traffic on property owned, operated, and maintained by the center;
(14) Except as otherwise provided by law, may enter into contracts as the director deems essential to the purpose of the center;
(15) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the center; sell, lease, or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof;
(16) May adopt rules, as approved by the board of trustees, providing for the transferability of employees between the center and the school for the blind consistent with collective bargaining agreements in effect; and
(17) May adopt rules under chapter 34.05 RCW, as approved by the board of trustees, and perform all other acts not forbidden by law as the director deems necessary or appropriate to the administration of the center.
[ 2019 c 266 s 3; 2009 c 381 s 5.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Findings—Intent—Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: See notes following RCW 72.40.015.

catchline: Center for deaf and hard of hearing youth—Director's powers and duties.


title: RCW 72.40.020

text:
The governor shall appoint a superintendent for the state school for the blind. The superintendent shall have a master's degree from an accredited college or university in school administration or blind education, five years of experience teaching blind students in the classroom, and three years administrative or supervisory experience in programs for blind students.
[ 1985 c 378 s 13; 1979 c 141 s 247; 1959 c 28 s 72.40.020. Prior: 1909 c 97 p 258 s 5; RRS s 4649.]
Notes:
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: State school for the blind—Appointment of superintendent—Qualifications.


title: RCW 72.40.022

text:
In addition to any other powers and duties prescribed by law, the superintendent of the state school for the blind:
(1) Shall have full control of the school and the property of various kinds.
(2) May establish criteria, in addition to state certification, for teachers at the school.
(3) Shall employ members of the faculty, administrative officers, and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law.
(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the advice of the board of trustees.
(5) May establish new facilities as needs demand.
(6) May adopt rules, under chapter 34.05 RCW, as deemed necessary for the government, management, and operation of the housing facilities.
(7) Shall control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of the school.
(8) May adopt rules for pedestrian and vehicular traffic on property owned, operated, and maintained by the school.
(9) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of the school.
(10) Except as otherwise provided by law, may enter into contracts as the superintendent deems essential to the purpose of the school.
(11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the school; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof.
(12) May, except as otherwise provided by law, enter into contracts the superintendent deems essential for the operation of the school.
(13) May adopt rules providing for the transferability of employees between the *school for the deaf and the school for the blind consistent with collective bargaining agreements in effect.
(14) Shall prepare and administer the school's budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.
(15) May adopt rules under chapter 34.05 RCW and perform all other acts not forbidden by law as the superintendent deems necessary or appropriate to the administration of the school.
[ 2002 c 209 s 2; 1993 c 147 s 1; 1985 c 378 s 15.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Effective date—2002 c 209: See note following RCW 72.42.021.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Superintendent of the state school for the blind—Powers and duties.


title: RCW 72.40.024

text:
In addition to the powers and duties under RCW 72.40.022 and 72.40.0191, the superintendent of the school for the blind and the director of the Washington center for deaf and hard of hearing youth, or the director's designee, shall:
(1) Monitor the location and educational placement of each student reported to the superintendent and the director, or the director's designee, by the educational service district superintendents;
(2) Provide information about educational programs, instructional techniques, materials, equipment, and resources available to students with visual or auditory impairments to the parent or guardian, educational service district superintendent, and the superintendent of the school district where the student resides; and
(3) Serve as a consultant to the office of the superintendent of public instruction, provide instructional leadership, and assist school districts in improving their instructional programs for students with visual or hearing impairments.
[ 2019 c 266 s 4; 2009 c 381 s 6; 2002 c 209 s 4; 1993 c 147 s 2; 1985 c 378 s 17.]
Notes:
Findings—Intent—Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: See notes following RCW 72.40.015.
Effective date—2002 c 209: See notes following RCW 72.42.021.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Superintendents and director—Additional powers and duties.


title: RCW 72.40.028

text:
All teachers employed by the Washington center for deaf and hard of hearing youth and the state school for the blind shall meet all certification requirements and the programs shall meet all accreditation requirements and conform to the standards defined by law or by rule of the Washington professional educator standards board or the office of the state superintendent of public instruction. The superintendent and the director, by rule, may adopt additional educational standards for their respective facilities. Salaries of all certificated employees shall be based on the statewide average salary set forth in RCW 28A.150.410, adjusted by the regionalization factor that applies to the school district in which the program or facility is located. The superintendent and the director may provide for provisional certification for teachers in their respective facilities including certification for emergency, temporary, substitute, or provisional duty.
[ 2019 c 266 s 5; 2018 c 266 s 405; 2009 c 381 s 7; 2006 c 263 s 829; 1985 c 378 s 18.]
Notes:
Findings—Intent—Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: See notes following RCW 72.40.015.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.


title: RCW 72.40.031

text:
The school year for the state school for the blind and the *state school for the deaf shall commence on the first day of July of each year and shall terminate on the 30th day of June of the succeeding year. The regular school term shall be for a period of nine months and shall commence as near as reasonably practical at the time of the commencement of regular terms in other public schools, with the equivalent number of days as are now required by law, and the regulations of the superintendent of public instruction as now or hereafter amended, during the school year in other public schools. The school and the center shall observe all legal holidays, in the same manner as other agencies of state government, and will not be in session on such days and such other days as may be approved by the superintendent or the director. During the period when the schools are not in session during the regular school term, schools may be operated, subject to the approval of the superintendent or the director or the director's designee, for the instruction of students or for such other reasons which are in furtherance of the objects and purposes of the respective facilities.
[ 2009 c 381 s 12; 1985 c 378 s 16; 1979 c 141 s 248; 1970 ex.s. c 50 s 6.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: School year—School term—Legal holidays—Use of schools.


title: RCW 72.40.040

text:
(1) The schools shall be free to residents of the state who are blind/visually impaired or deaf/hearing impaired, or with other disabilities where a vision or hearing disability is the major need for services from age three through the end of the school year in which those students turn 22 years of age.
(2) The schools may provide nonresidential services to children ages birth through three who meet the eligibility criteria in this section, subject to available funding.
(3) Each school shall admit and retain students on a space available basis according to criteria developed and published by each school superintendent in consultation with each board of trustees and school faculty: PROVIDED, That students who do not meet the admission requirements under subsection (1) of this section and who are otherwise qualified may be retained at the school, if in the discretion of the superintendent in consultation with the faculty they are proper persons to receive further training given at the school and the facilities are adequate for proper care, education, and training.
(4) The admission and retention criteria developed and published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a student who is an adjudicated sex offender except that the schools shall not admit or retain a student who is an adjudicated level III sex offender as provided in RCW 13.40.217(3).
[ 2025 c 256 s 11; 2000 c 125 s 8; 1993 c 147 s 3; 1985 c 378 s 19; 1984 c 160 s 4; 1977 ex.s. c 80 s 68; 1969 c 39 s 1; 1959 c 28 s 72.40.040. Prior: 1955 c 260 s 1; 1909 c 97 p 258 s 3; 1903 c 140 s 1; 1897 c 118 s 229; 1886 p 136 s 2; RRS s 4647.]
Notes:
Findings—Intent—2025 c 256: See note following RCW 28A.155.020.
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.
Severability—1984 c 160: See note following RCW 28A.155.020.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Who may be admitted.


title: RCW 72.40.050

text:
(1) The superintendents may admit to their respective schools visually or hearing impaired children from other states as appropriate, but the parents or guardians of such children or other state will be required to pay annually or quarterly in advance a sufficient amount to cover the cost of maintaining and educating such children as set by the applicable superintendent.
(2) The admission and retention criteria developed and published by each school superintendent shall contain a provision allowing the schools to refuse to admit or retain a nonresident student who is an adjudicated sex offender, or the equivalent under the laws of the state in which the student resides, except that the schools shall not admit or retain a nonresident student who is an adjudicated level III sex offender or the equivalent under the laws of the state in which the student resides.
[ 2000 c 125 s 9; 1985 c 378 s 20; 1979 c 141 s 249; 1959 c 28 s 72.40.050. Prior: 1909 c 97 p 258 s 4; 1897 c 118 s 251; 1886 p 141 s 32; RRS s 4648.]
Notes:
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Admission of nonresidents.


title: RCW 72.40.060

text:
It shall be the duty of all school districts in the state, to report to their respective educational service districts the names of all visually or hearing impaired youth residing within their respective school districts who are between the ages of three and 22 years.
[ 2025 c 256 s 12; 1985 c 378 s 21; 1975 1st ex.s. c 275 s 151; 1969 ex.s. c 176 s 97; 1959 c 28 s 72.40.060. Prior: 1909 c 97 p 258 s 6; 1897 c 118 s 252; 1890 p 497 s 1; RRS s 4650.]
Notes:
Findings—Intent—2025 c 256: See note following RCW 28A.155.020.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.
Effective date—1969 ex.s. c 176: The effective date of this section, RCW 72.40.070, 72.40.080, and 72.40.100 was April 25, 1969.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Superintendent's duties: RCW 28A.400.030.

catchline: Duty of school districts.


title: RCW 72.40.070

text:
It shall be the duty of each educational service district to make a full and specific report of visually impaired or deaf or hard of hearing youth to the superintendent of the school for the blind or the director of the Washington center for deaf and hard of hearing youth, or the director's designee, as the case may be and the superintendent of public instruction, annually. The superintendent of public instruction shall report about the deaf or hard of hearing or visually impaired youth to the school for the blind and the Washington center for deaf and hard of hearing youth, as the case may be, annually.
[ 2019 c 266 s 6; 2009 c 381 s 18; 1985 c 378 s 22; 1979 c 141 s 250; 1975 1st ex.s. c 275 s 152; 1969 ex.s. c 176 s 98; 1959 c 28 s 72.40.070. Prior: 1909 c 97 p 259 s 7; 1897 c 118 s 253; 1890 p 497 s 2; RRS s 4651.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.
Effective date—1969 ex.s. c 176: See note following RCW 72.40.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Educational service districts—Superintendents—Boards: Chapter 28A.310 RCW.

catchline: Duty of educational service districts.


title: RCW 72.40.080

text:
It shall be the duty of the parents or the guardians of all such visually or hearing impaired youth to send them each year to the proper school. Full and due consideration shall be given to the parent's or guardian's preference as to which program the child should attend. The educational service district superintendent shall take all action necessary to enforce this section.
[ 1993 c 147 s 4; 1985 c 378 s 23; 1975 1st ex.s. c 275 s 153; 1969 ex.s. c 176 s 99; 1959 c 28 s 72.40.080. Prior: 1909 c 97 p 259 s 8; 1897 c 118 s 254; 1890 p 498 s 3; RRS s 4652.]
Notes:
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.
Effective date—1969 ex.s. c 176: See note following RCW 72.40.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Children with disabilities, parental responsibility, commitment: Chapter 26.40 RCW.

catchline: Duty of parents.


title: RCW 72.40.090

text:
Notwithstanding any other provision of law, the state school for the blind and the *school for the deaf may arrange and provide for weekend transportation to and from schools. This transportation shall be at no cost to students and parents, as allowed within the appropriations allocated to the schools.
[ 1993 c 147 s 5; 1985 c 378 s 24; 1975 c 51 s 1; 1959 c 28 s 72.40.090. Prior: 1909 c 97 p 259 s 9; 1899 c 142 s 28; 1899 c 81 s 2; 1897 c 118 s 255; RRS s 4653.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Weekend transportation—Expense.


title: RCW 72.40.100

text:
Any parent, guardian, or educational service district superintendent who, without proper cause, fails to carry into effect the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, upon the complaint of any officer or citizen of the county or state, before any district or superior court, shall be fined in any sum not less than fifty nor more than two hundred dollars.
[ 1987 c 202 s 229; 1985 c 378 s 25; 1975 1st ex.s. c 275 s 154; 1969 ex.s. c 176 s 100; 1959 c 28 s 72.40.100. Prior: 1909 c 97 p 259 s 10; 1897 c 118 s 256; 1890 p 498 s 5; RRS s 4654.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.
Effective date—1969 ex.s. c 176: See note following RCW 72.40.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.

catchline: Penalty.


title: RCW 72.40.110

text:
Employees' hours of labor shall follow all state merit rules as they pertain to various work classifications and current collective bargaining agreements.
[ 1993 c 147 s 6; 1985 c 378 s 12.]
Notes:
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Employees' hours of labor.


title: RCW 72.40.120

text:
Any appropriation for the Washington center for deaf and hard of hearing youth or the school for the blind shall be made directly to the center or the school for the blind.
[ 2019 c 266 s 7; 2009 c 381 s 8; 1991 c 65 s 1.]
Notes:
Findings—Intent—Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: See notes following RCW 72.40.015.
Effective date—1991 c 65: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [ 1991 c 65 s 3.]

catchline: Center for deaf and hard of hearing youth—School for the blind—Appropriations.


title: RCW 72.40.200

text:
The Washington center for deaf and hard of hearing youth and the state school for the blind shall promote the personal safety of students and protect the children who attend from child abuse and neglect as defined in RCW 26.44.020.
[ 2019 c 266 s 8; 2009 c 381 s 9; 2000 c 125 s 1.]
Notes:
Findings—Intent—Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: See notes following RCW 72.40.015.
Conflict with federal requirements—2000 c 125: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2000 c 125 s 11.]

catchline: Safety of students and protection from child abuse and neglect.


title: RCW 72.40.210

text:
The director of the Washington center for deaf and hard of hearing youth and the superintendent of the state school for the blind or their designees shall immediately report to the persons indicated the following events:
(1) To the child's parent, custodian, or guardian:
(a) The death of the child;
(b) Hospitalization of a child in attendance or residence at the facility;
(c) Allegations of child abuse or neglect in which the parent's child in attendance or residence at the facility is the alleged victim;
(d) Allegations of physical or sexual abuse in which the parent's child in attendance or residence at the facility is the alleged perpetrator;
(e) Life-threatening illness;
(f) The attendance at the facility of any child who is a registered sex offender under RCW 9A.44.130 as permitted by RCW 4.24.550.
(2) Notification to the parent shall be made by the means most likely to be received by the parent. If initial notification is made by telephone, such notification shall be followed by notification in writing within forty-eight hours after the initial verbal contact is made.
[ 2019 c 266 s 9; 2009 c 381 s 10; 2000 c 125 s 2.]
Notes:
Findings—Intent—Transfer of powers, duties, and property—Construction of statutory references—2009 c 381: See notes following RCW 72.40.015.
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.

catchline: Reports to parents—Requirement.


title: RCW 72.40.220

text:
(1) The director of the Washington center for deaf and hard of hearing youth, or the director's designee, and the superintendent of the state school for the blind shall maintain in writing and implement behavior management policies and procedures that accomplish the following:
(a) Support the child's appropriate social behavior, self-control, and the rights of others;
(b) Foster dignity and self-respect for the child;
(c) Reflect the ages and developmental levels of children in care.
(2) The *state school for the deaf and the state school for the blind shall use proactive, positive behavior support techniques to manage potential child behavior problems. These techniques shall include but not be limited to:
(a) Organization of the physical environment and staffing patterns to reduce factors leading to behavior incidents;
(b) Intervention before behavior becomes disruptive, in the least invasive and least restrictive manner available;
(c) Emphasis on verbal de-escalation to calm the upset child;
(d) Redirection strategies to present the child with alternative resolution choices.
[ 2019 c 266 s 10; 2009 c 381 s 19; 2000 c 125 s 3.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.

catchline: Behavior management policies, procedures, and techniques.


title: RCW 72.40.230

text:
(1) The *state school for the deaf and the state school for the blind shall ensure that all staff, within two months of beginning employment, complete a minimum of fifteen hours of job orientation which shall include, but is not limited to, presentation of the standard operating procedures manual for each school, describing all policies and procedures specific to the school.
(2) The *state school for the deaf and the state school for the blind shall ensure that all new staff receive thirty-two hours of job specific training within ninety days of employment which shall include, but is not limited to, promoting and protecting student personal safety. All staff shall receive thirty-two hours of ongoing training in these areas every two years.
[ 2000 c 125 s 4.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.

catchline: Staff orientation and training.


title: RCW 72.40.240

text:
The residential program at the *state school for the deaf and the state school for the blind shall employ residential staff in sufficient numbers to ensure the physical and emotional needs of the residents are met. Residential staff shall be on duty in sufficient numbers to ensure the safety of the children residing there.
For purposes of this section, "residential staff" means staff in charge of supervising the day-to-day living situation of the children in the residential portion of the schools.
[ 2000 c 125 s 5.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.

catchline: Residential staffing requirement.


title: RCW 72.40.250

text:
In addition to the powers and duties under RCW 72.40.022 and 72.40.024, the director of the Washington center for deaf and hard of hearing youth, or the director's designee, and the superintendent of the state school for the blind shall:
(1) Develop written procedures for the supervision of employees and volunteers who have the potential for contact with students. Such procedures shall be designed to prevent child abuse and neglect by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures shall include, but need not be limited to, the following:
(a) Staffing patterns and the rationale for such;
(b) Responsibilities of supervisors;
(c) The method by which staff and volunteers are made aware of the identity of all supervisors, including designated on-site supervisors;
(d) Provision of written supervisory guidelines to employees and volunteers;
(e) Periodic supervisory conferences for employees and volunteers; and
(f) Written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable provisions of the civil service law.
(2) Develop written procedures for the protection of students when there is reason to believe an incident has occurred which would render a minor student an abused or neglected child within the meaning of RCW 26.44.020. Such procedures shall include, but need not be limited to, the following:
(a) Investigation. Immediately upon notification that a report of child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent or the director, or the director's designee, shall:
(i) Preserve any potential evidence through such actions as securing the area where suspected abuse or neglect occurred;
(ii) Obtain proper and prompt medical evaluation and treatment, as needed, with documentation of any evidence of abuse or neglect; and
(iii) Provide necessary assistance to the department of social and health services and local law enforcement in their investigations;
(b) Safety. Upon notification that a report of suspected child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent or the director or his or her designee, with consideration for causing as little disruption as possible to the daily routines of the students, shall evaluate the situation and immediately take appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated, and take such additional action as is necessary to prevent future acts of abuse or neglect. Such action may include:
(i) Consistent with federal and state law:
(A) Removing the alleged perpetrator from the school;
(B) Increasing the degree of supervision of the alleged perpetrator; and
(C) Initiating appropriate disciplinary action against the alleged perpetrator;
(ii) Provision of increased training and increased supervision to volunteers and staff pertinent to the prevention and remediation of abuse and neglect;
(iii) Temporary removal of the students from a program and reassignment of the students within the school, as an emergency measure, if it is determined that there is a risk to the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subsection (2)(b)(iii), from a special education program or service specified in his or her individualized education program, the action shall be reviewed in an individualized education program meeting; and
(iv) Provision of counseling to the students involved in the report or any other students, as appropriate;
(c) Corrective action plans. Upon receipt of the results of an investigation by the department of social and health services pursuant to a report of suspected child abuse or neglect, the superintendent or the director, or the director's designee, after consideration of any recommendations by the department of social and health services for preventive and remedial action, shall implement a written plan of action designed to assure the continued health and safety of students and to provide for the prevention of future acts of abuse or neglect.
[ 2019 c 266 s 11; 2009 c 381 s 20; 2000 c 125 s 6.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.

catchline: Protection from child abuse and neglect—Supervision of employees and volunteers—Procedures.


title: RCW 72.40.260

text:
In consideration of the needs and circumstances of the program, the *state school for the deaf and the state school for the blind shall provide instruction to all students in techniques and procedures which will enable the students to protect themselves from abuse and neglect. Such instruction shall be described in a written plan to be submitted to the board of trustees for review and approval, and shall be:
(1) Appropriate for the age, individual needs, and particular circumstances of students, including the existence of mental, physical, emotional, or sensory disabilities;
(2) Provided at different times throughout the year in a manner which will ensure that all students receive such instruction; and
(3) Provided by individuals who possess appropriate knowledge and training, documentation of which shall be maintained by the school.
[ 2000 c 125 s 7.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.

catchline: Protection from child abuse and neglect—Student instruction.


title: RCW 72.40.270

text:
(1) The schools shall implement a policy for the children who reside at the schools protecting those who are vulnerable to sexual victimization by other children who are sexually aggressive and residing at the schools. The policy shall include, at a minimum, the following elements:
(a) Development and use of an assessment process for identifying children, within thirty days of beginning residence at the schools, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process need not require that every child who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a child is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the child, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section;
(b) Development and use of an assessment process for identifying children, within thirty days of beginning residence at the schools, who may be vulnerable to victimization by children identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the child, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability;
(c) Development and use of placement criteria to avoid assigning children who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as children assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks;
(d) Development and use of procedures for minimizing, within available funds, unsupervised contact in the residential facilities of the schools between children presenting moderate to high risk of sexually aggressive behavior and children assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any child residing at the schools who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult.
(2) For the purposes of this section, the following terms have the following meanings:
(a) "Sleeping quarters" means the bedrooms or other rooms within a residential facility where children are assigned to sleep.
(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.
[ 2000 c 125 s 10.]
Notes:
Conflict with federal requirements—2000 c 125: See note following RCW 72.40.200.

catchline: Protection from sexual victimization—Policy.


title: RCW 72.40.280

text:
(1) The department of social and health services must periodically monitor the residential program at the *state school for the deaf, including but not limited to examining the residential-related policies and procedures as well as the residential facilities. The department of social and health services must make recommendations to the director and the board of trustees of the center or its successor board on health and safety improvements related to child safety and well-being. The department of social and health services must conduct the monitoring reviews at least annually. The director or the director's designee may from time to time request technical assistance from the department of social and health services.
(2) The department of social and health services must conduct a comprehensive child health and safety review, as defined in rule, of the residential program at the *state school for the deaf every three years.
(3) The *state school for the deaf must provide the department of social and health services' staff with full and complete access to all records and documents that the department staff may request to carry out the requirements of this section. The department of social and health services must have full and complete access to all students and staff of the *state school for the deaf to conduct interviews to carry out the requirements of this section.
(4) For the purposes of this section, the department of social and health services must use the safety standards established in this chapter when conducting the reviews.
[ 2009 c 381 s 21; 2002 c 208 s 2.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Findings—Intent—2009 c 381: See note following RCW 72.40.015.

catchline: Monitoring of residential program by department of social and health services—Recommendations—Comprehensive child health and safety reviews—Access to records and documents—Safety standards.


title: RCW 72.40.290

text:
The center for deaf and hard of hearing youth account is created in the custody of the state treasurer. All receipts from contracts, grants, gifts, conveyances, devises, and bequests of real or personal property, or payments received from RCW 72.40.0191 (14) and (15) and 72.40.050 must be deposited into the account. Expenditures from the account may be used only for duties related to RCW 72.40.0191 (14) and (15) and 72.40.050. Only the director of the center for deaf and hard of hearing youth or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2019 c 266 s 12; 2012 c 114 s 1.]

catchline: Center for deaf and hard of hearing youth account.


title: RCW 72.40.300

text:
The school for the blind account is created in the custody of the state treasurer. All receipts from contracts, grants, gifts, conveyances, devises, and bequests of real or personal property, or payments received from RCW 72.40.022 (10) and (11) and 72.40.050 must be deposited into the account. Expenditures from the account may be used only for duties related to RCW 72.40.022 (10) and (11) and 72.40.050. Only the superintendent of the school for the blind or the superintendent's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2012 c 114 s 2.]

catchline: School for the blind account.


title: RCW 72.40.310

text:
The center for deaf and hard of hearing youth and the state school for the blind must comply with the requirements in RCW 28A.183.040 and 28A.183.050.
[ 2022 c 107 s 8.]
Notes:
Findings—Intent—2022 c 107: See note following RCW 28A.183.010.

catchline: Language access program.


title: RCW 72.41.010

text:
It is the intention of the legislature in creating a board of trustees for the state school for the blind to perform the duties set forth in this chapter, that the board of trustees perform needed advisory services to the legislature and to the superintendent of the Washington state school for the blind, in the development of programs for the visually impaired, and in the operation of the Washington state school for the blind.
[ 1985 c 378 s 28; 1973 c 118 s 1.]
Notes:
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Intention—Purpose.


title: RCW 72.41.015

text:
Unless the context clearly requires otherwise, as used in this chapter "superintendent" means superintendent of the state school for the blind.
[ 1985 c 378 s 27.]
Notes:
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: "Superintendent" defined.


title: RCW 72.41.020

text:
There is hereby created a board of trustees for the state school for the blind to be composed of a resident from each of the state's congressional districts now or hereafter existing. Trustees with voting privileges shall be appointed by the governor with the consent of the senate. A representative of the parent-teachers association of the Washington state school for the blind, a representative of the Washington council of the blind, a representative of the national federation of the blind of Washington, one representative designated by the teacher association of the Washington state school for the blind, and a representative of the classified staff designated by his or her exclusive bargaining representative shall each be ex officio and nonvoting members of the board of trustees and shall serve during their respective tenures in such positions.
Trustees shall be appointed by the governor to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term.
One trustee shall be a resident and qualified elector from each of the state's congressional districts. The board shall not be deemed to be unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. No voting trustee may be an employee of the state school for the blind, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution, a school district or educational service district administrator, appointed after July 1, 1986, or an elected officer or member of the legislative authority or any municipal corporation.
The board of trustees shall organize itself by electing a chair from its members. The board shall adopt a seal and may adopt such bylaws, rules, and regulations as it deems necessary for its own government. A majority of the voting members of the board in office shall constitute a quorum, but a lesser number may convene from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations. The superintendent of the state school for the blind shall serve as, or may designate another person to serve as, the secretary of the board, who shall not be deemed to be a member of the board.
[ 2012 c 117 s 473; 1993 c 147 s 7; 1985 c 378 s 29; 1982 1st ex.s. c 30 s 13; 1973 c 118 s 2.]
Notes:
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Board of trustees—Membership—Terms—Vacancies—Officers—Rules and regulations.


title: RCW 72.41.025

text:
The terms of office of trustees on the board for the state school for the blind who are appointed from the various congressional districts shall not be affected by the creation of either new boundaries for congressional districts or additional districts. In such an event, each trustee may continue to serve in office for the balance of the term for which he or she was appointed: PROVIDED, That the trustee continues to reside within the boundaries of the congressional district as they existed at the time of his or her appointment. Vacancies which occur in a trustee position during the balance of any such term shall be filled pursuant to RCW 72.41.020, as now or hereafter amended, by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was appointed as they existed at the time of his or her election. At the completion of such term, and thereafter, a successor shall be appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed.
[ 1982 1st ex.s. c 30 s 14.]

catchline: Membership, effect of creation of new congressional districts or boundaries.


title: RCW 72.41.030

text:
Within thirty days of their appointment or July 1, 1973, whichever is sooner, the board of trustees shall organize, adopt bylaws for its own government, and make such rules and regulations not inconsistent with this chapter as they deem necessary. At such organizational meeting it shall elect from among its members a chair and a vice chair, each to serve for one year, and annually thereafter shall elect such officers to serve until their successors are appointed or qualified.
[ 2012 c 117 s 474; 1973 c 118 s 3.]

catchline: Bylaws—Rules and regulations—Officers.


title: RCW 72.41.040

text:
The board of trustees of the state school for the blind:
(1) Shall monitor and inspect all existing facilities of the state school for the blind, and report its findings to the superintendent;
(2) Shall study and recommend comprehensive programs of education and training and review the admission policy as set forth in RCW 72.40.040 and 72.40.050, and make appropriate recommendations to the superintendent;
(3) Shall submit a list of three qualified candidates for superintendent to the governor and shall advise the superintendent about the criteria and policy to be used in the selection of members of the faculty and such other administrative officers and other employees, who shall with the exception of the superintendent all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law. All employees and personnel classified under chapter 41.06 RCW shall continue, after July 1, 1986, to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing the state civil service law;
(4) Shall submit an evaluation of the superintendent to the governor by July 1 of each odd-numbered year and may recommend to the governor that the superintendent be removed for misfeasance, malfeasance, or wilful neglect of duty;
(5) May recommend to the superintendent the establishment of new facilities as needs demand;
(6) May recommend to the superintendent rules and regulations for the government, management, and operation of such housing facilities deemed necessary or advisable;
(7) May make recommendations to the superintendent concerning classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for the school for the blind;
(8) May make recommendations to the superintendent for adoption of rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the school for the blind;
(9) Shall recommend to the superintendent, with the assistance of the faculty, the course of study including vocational training in the school for the blind, in accordance with other applicable provisions of law and rules and regulations;
(10) May grant to every student, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate;
(11) Shall participate in the development of, and monitor the enforcement of the rules and regulations pertaining to the school for the blind;
(12) Shall perform any other duties and responsibilities prescribed by the superintendent.
[ 1985 c 378 s 30; 1973 c 118 s 4.]
Notes:
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: Powers and duties.


title: RCW 72.41.060

text:
Each member of the board of trustees shall receive travel expenses as provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and such payments shall be a proper charge to any funds appropriated or allocated for the support of the state school for the blind.
[1975-'76 2nd ex.s. c 34 s 167; 1973 c 118 s 6.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Travel expenses.


title: RCW 72.41.070

text:
The board of trustees shall meet at least quarterly.
[ 1993 c 147 s 8; 1973 c 118 s 7.]

catchline: Meetings.


title: RCW 72.42.010

text:
It is the intention of the legislature, in creating a board of trustees for the Washington center for deaf and hard of hearing youth to perform the duties set forth in this chapter, that the board of trustees perform needed oversight services to the governor and the legislature of the center in the development of programs for the hard of hearing, and in the operation of the center, including the *school for the deaf.
[ 2019 c 266 s 28; 2009 c 381 s 13; 2002 c 209 s 5; 1985 c 378 s 31; 1972 ex.s. c 96 s 1.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Effective date—2002 c 209: See note following RCW 72.42.021.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.


title: RCW 72.42.015

text:
Unless the context clearly requires otherwise as used in this chapter "director" means the director of the Washington center for deaf and hard of hearing youth.
[ 2019 c 266 s 29; 2009 c 381 s 14; 1985 c 378 s 32.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.

catchline: "Director" defined.


title: RCW 72.42.016

text:
Unless the context clearly requires otherwise, as used in this chapter:
(1) "Center" means the Washington center for deaf and hard of hearing youth serving local school districts across the state; and
(2) "School" means the Washington state residential *school for the deaf located in Vancouver, Washington.
[ 2019 c 266 s 30; 2009 c 381 s 15; 2002 c 209 s 6.]
Notes:
*Reviser's note: The "state school for the deaf" was abolished pursuant to 2009 c 381 s 11 and powers, duties, and functions were transferred to the Washington state center for childhood deafness and hearing loss. The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Effective date—2002 c 209: See note following RCW 72.42.021.

catchline: Additional definitions.


title: RCW 72.42.021

text:
(1) The governance of the center and the school shall be vested in a board of trustees. The board shall consist of nine members appointed by the governor, with the consent of the senate. The board shall be composed of a resident from each of the state's congressional districts and may include:
(a) One member who is deaf or hard of hearing;
(b) Two members who are experienced educational professionals;
(c) One member who is experienced in providing residential services to youth; and
(d) One member who is the parent of a child who is deaf or hard of hearing and who is receiving or has received educational services related to deafness or hearing impairment from a public educational institution.
(2) No voting trustee may be an employee of the school or the center, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution or an elected officer or member of the legislative authority of any municipal corporation. No more than two voting trustees may be school district or educational service district administrators appointed after July 1, 1986.
(3) Trustees shall be appointed by the governor to serve a term of five years, except that any person appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term. Of the initial members, three must be appointed for two-year terms, three must be appointed for three-year terms, and the remainder must be appointed for five-year terms.
(4) The board shall not be deemed unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. In such an event, each trustee may continue to serve in office for the balance of the term for which he or she was appointed so long as the trustee continues to reside within the boundaries of the congressional district as they existed at the time of his or her appointment. Vacancies which occur in a trustee position during the balance of any term shall be filled pursuant to subsection (3) of this section by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was appointed as they existed at the time of his or her appointment. At the completion of such term, and thereafter, a successor shall be appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed.
[ 2009 c 381 s 16; 2002 c 209 s 7.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Effective date—2002 c 209: "This act takes effect July 1, 2002, except that the governor may appoint the members of the board of trustees under section 7 of this act prior to the beginning of their terms of office on July 1, 2002." [ 2002 c 209 s 12.]

catchline: Board of trustees—Membership—Terms—Effect of new or revised boundaries for congressional districts—Vacancies.


title: RCW 72.42.031

text:
(1) The board of trustees shall organize, adopt bylaws for its own governance, and adopt rules not inconsistent with this chapter as they deem necessary. At such organizational meeting it shall elect from among its members a chair and a vice chair, each to serve for one year, and annually thereafter shall elect such officers to serve until their successors are appointed or qualified.
(2) A majority of the voting members of the board in office constitutes a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed by its bylaws, rules, or regulations.
[ 2012 c 117 s 475; 2002 c 209 s 9.]
Notes:
Effective date—2002 c 209: See note following RCW 72.42.021.

catchline: Bylaws—Rules—Officers—Quorum.


title: RCW 72.42.041

text:
The board of trustees of the center:
(1) Shall adopt rules and regulations for its own governance;
(2) Shall direct the development of, approve, and monitor the enforcement of policies, rules, and regulations pertaining to the school and the center, including but not limited to:
(a) The use of classrooms and other facilities for summer or night schools or for public meetings and any other uses consistent with the mission of the center;
(b) Pedestrian and vehicular traffic on property owned, operated, or maintained by the center;
(c) Governance, management, and operation of the residential facilities;
(d) Transferability of employees between the center and the school for the blind consistent with collective bargaining agreements in effect; and
(e) Compliance with state and federal education civil rights laws at the school;
(3) Shall develop a process for recommending candidates for the position of director and upon a vacancy shall submit a list of three qualified candidates for director to the governor;
(4) Shall submit an evaluation of the director to the governor by July 1st of each odd-numbered year that includes a recommendation regarding the retention of the director;
(5) May recommend to the governor at any time that the director be removed for conduct deemed by the board to be detrimental to the interests of the center;
(6) Shall prepare and submit by July 1st of each even-numbered year a report to the governor and the appropriate committees of the legislature which contains a detailed summary of the center's progress on performance objectives and the center's work, facility conditions, and revenues and costs of the center for the previous year and which contains those recommendations it deems necessary and advisable for the governor and the legislature to act on;
(7) Shall approve the center's budget and all funding requests, both operating and capital, submitted to the governor;
(8) Shall direct and approve the development and implementation of comprehensive programs of education, training, and as needed residential living, such that students served by the school receive a challenging and quality education in a safe school environment;
(9) Shall direct, monitor, and approve the implementation of a comprehensive continuous quality improvement system for the center;
(10) Shall monitor and inspect all existing facilities of the center and report its findings in its biennial report to the governor and appropriate committees of the legislature; and
(11) May grant to every student of the school, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate.
[ 2009 c 381 s 17; 2002 c 209 s 8.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Effective date—2002 c 209: See note following RCW 72.42.021.


title: RCW 72.42.060

text:
Each member of the board of trustees shall receive travel expenses as provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and such payments shall be a proper charge to any funds appropriated or allocated for the support of the Washington center for deaf and hard of hearing youth.
[ 2019 c 266 s 31; 2009 c 381 s 22; 1975-'76 2nd ex.s. c 34 s 168; 1972 ex.s. c 96 s 6.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.


title: RCW 72.42.070

text:
The board of trustees shall meet at least quarterly but may meet more frequently at such times as the board by resolution determines or the bylaws of the board prescribe.
[ 2002 c 209 s 10; 1993 c 147 s 10; 1972 ex.s. c 96 s 7.]
Notes:
Effective date—2002 c 209: See note following RCW 72.42.021.


title: RCW 72.49.010

text:
The purpose of this chapter is to provide additional programs for the treatment and rehabilitation of persons suffering from narcotic and dangerous drug abuse.
[ 1969 ex.s. c 123 s 1.]
Notes:
Effective date—1969 ex.s. c 123: "The effective date of this act shall be July 1, 1969." [ 1969 ex.s. c 123 s 3.]

catchline: Purpose.


title: RCW 72.49.020

text:
There may be established at an institution, or portion thereof, to be designated by the secretary of the department of social and health services, programs for treatment and rehabilitation of persons in need of medical care and treatment due to narcotic abuse or dangerous drug abuse. Such programs may include facilities for both residential and outpatient treatment. The secretary of the department of social and health services shall promulgate rules and regulations governing the voluntary admission, treatment, and release of such patients, and all other matters incident to the proper administration of this section.
[1975-'76 2nd ex.s. c 103 s 2; 1969 ex.s. c 123 s 2.]
Notes:
Effective date—1969 ex. s. c 123: See note following RCW 72.49.010.

catchline: Treatment and rehabilitation programs authorized—Rules and regulations.


title: RCW 72.60.100

text:
Nothing in this chapter is intended to restore, in whole or in part, the civil rights of any inmate. No inmate compensated for work in correctional industries shall be considered as an employee or to be employed by the state or the department, nor shall any such inmate, except those provided for in RCW 72.60.102 and 72.64.065, come within any of the provisions of the workers' compensation act, or be entitled to any benefits thereunder whether on behalf of himself, herself, or of any other person.
[ 2012 c 117 s 476; 1989 c 185 s 10; 1987 c 185 s 38; 1981 c 136 s 101; 1972 ex.s. c 40 s 1; 1959 c 28 s 72.60.100. Prior: 1955 c 314 s 10. Formerly RCW 43.95.090.]
Notes:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1972 ex.s. c 40: "This act shall be effective July 1, 1973." [ 1972 ex.s. c 40 s 4.]
Restoration of civil rights: Chapter 9.96 RCW.

catchline: Civil rights of inmates not restored—Other laws inapplicable.


title: RCW 72.60.102

text:
From and after July 1, 1973, any inmate employed in classes I, II, and IV of correctional industries as defined in RCW 72.09.100 is eligible for industrial insurance benefits as provided by Title 51 RCW. However, eligibility for benefits for either the inmate or the inmate's dependents or beneficiaries for temporary disability or permanent total disability as provided in RCW 51.32.090 or 51.32.060, respectively, shall not take effect until the inmate is released pursuant to an order of parole by the indeterminate sentence review board, or discharged from custody upon expiration of the sentence, or discharged from custody by order of a court of appropriate jurisdiction. Nothing in this section shall be construed to confer eligibility for any industrial insurance benefits to any inmate who is employed in class III or V of correctional industries as defined in RCW 72.09.100.
[ 1989 c 185 s 11; 1983 1st ex.s. c 52 s 7; 1981 c 136 s 102; 1979 ex.s. c 160 s 3; 1972 ex.s. c 40 s 2.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1972 ex.s. c 40: See note following RCW 72.60.100.

catchline: Industrial insurance—Application to certain inmates.


title: RCW 72.60.110

text:
The department is hereby authorized and empowered to cause the inmates in the state institutions of this state to be employed in the rendering of such services and in the production and manufacture of such articles, materials, and supplies as are now, or may hereafter be, needed by the state, or any political subdivision thereof, or that may be needed by any public institution of the state or of any political subdivision thereof.
[ 1959 c 28 s 72.60.110. Prior: 1955 c 314 s 11. Formerly RCW 43.95.100.]

catchline: Employment of inmates according to needs of state.


title: RCW 72.60.160

text:
All articles, materials, and supplies herein authorized to be produced or manufactured in correctional institutions may be purchased from the institution producing or manufacturing the same by any state agency or political subdivision of the state, and the secretary shall require those institutions under his or her direction to give preference to the purchasing of their needs of such articles as are so produced.
[ 2012 c 117 s 477; 1981 c 136 s 103; 1979 c 141 s 260; 1959 c 28 s 72.60.160. Prior: 1955 c 314 s 16. Formerly RCW 43.95.150.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: State agencies and subdivisions may purchase goods—Purchasing preference required of certain institutions.


title: RCW 72.60.220

text:
The department may cause to be prepared annually, at such times as it may determine, lists containing the descriptions of all articles and supplies manufactured and produced in state correctional institutions; copies of such list shall be sent to the supervisor of purchasing and to all departments, institutions and agencies of the state of Washington.
[ 1981 c 136 s 105; 1959 c 28 s 72.60.220. Prior: 1957 c 30 s 6. Formerly RCW 43.95.210.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: List of goods to be supplied to all departments, institutions, agencies.


title: RCW 72.60.235

text:
(1) The department of corrections shall develop, in accordance with RCW 72.09.010, a site-specific implementation plan for prison industries space at Clallam Bay corrections center, McNeil Island corrections center, and the one thousand twenty-four bed medium security prison as appropriated for and authorized by the legislature.
(2) Each implementation plan shall include, but not be limited to, sufficient space and design elements that try to achieve a target of twenty-five percent of the total inmates in class I employment programs and twenty-five percent of the total inmates in class II employment programs or as much of the target as possible without jeopardizing the efficient and necessary day-to-day operation of the prison. The implementation plan shall also include educational opportunities and employment, wage, and other incentives. The department shall include in the implementation plans an incentive program based on wages, and the opportunity to contribute all or a portion of their wages towards an array of incentives. The funds recovered from the sale, lease, or rental of incentives should be considered as a possible source of revenue to cover the capitalized cost of the additional space necessary to accommodate the increased class I and class II industries programs.
(3) The incentive program shall be developed so that inmates can earn higher wages based on performance and production. Only those inmates employed in class I and class II jobs may participate in the incentive program. The department shall develop special program criteria for inmates with physical or mental disabilities so that they can participate in the incentive program.
(4) The department shall propose rules specifying that inmate wages, other than the amount an inmate owes for taxes, legal financial obligations, and to the victim restitution fund, shall be returned to the department to pay for the cost of prison operations, including room and board.
(5) The plan shall identify actual or potential legal or operational obstacles, or both, in implementing the components of the plan as specified in this section, and recommend strategies to remove the obstacles.
(6) The department shall submit the plan to the appropriate committees of the legislature and to the governor by October 1, 1991.
[ 2020 c 274 s 56; 1991 c 256 s 2.]
Notes:
Finding—1991 c 256: "The legislature finds that the rehabilitation process may be enhanced by participation in training, education, and employment-related incentive programs and may be a consideration in reducing time in confinement." [ 1991 c 256 s 1.]
Application to prison construction—1991 c 256: "The overall prison design plans for new construction at Clallam Bay corrections center, McNeil Island corrections center, and the one thousand twenty-four bed medium security prison as appropriated for and authorized by the legislature shall not be inconsistent with the implementation plan outlined in this act. No provision under this act shall require the department of corrections to redesign, postpone, or delay the construction of any of the facilities outlined in RCW 72.60.235." [ 1991 c 256 s 3.]
Severability—1991 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 256 s 4.]

catchline: Implementation plan for prison industries.


title: RCW 72.60.245

text:
When the department of corrections, in conjunction with the department of licensing, anticipates a projected license plate shortage statewide or in particular locations, the department of licensing must promptly communicate such shortage to the county auditors or other agents, and subagents appointed by the director of the department of licensing. The department of corrections, in conjunction with the department of licensing, must also develop and implement a mitigation plan to address the shortage that may include the contracting with a third-party vendor for production of license plates until such time as the shortage is eliminated and a sufficient license plate inventory is available for the subsequent 90-day period. Use of a third-party vendor may thereafter be initiated by the department of corrections, the department of licensing, or jointly by the two agencies.
[ 2025 c 417 s 1303.]
Notes:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: License plate shortage anticipated by department of corrections and department of licensing.


title: RCW 72.62.010

text:
The legislature declares that programs of vocational education are essential to the habilitation and rehabilitation of residents of state correctional institutions and facilities. It is the purpose of this chapter to provide for greater reality and relevance in the vocational education programs within the correctional institutions of the state.
[ 1972 ex.s. c 7 s 1.]


title: RCW 72.62.020

text:
When used in this chapter, unless the context otherwise requires:
The term "vocational education" means a planned series of learning experiences, the specific objective of which is to prepare individuals for gainful employment as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations, but shall not mean programs the primary characteristic of which is repetitive work for the purpose of production, including the correctional industries program. Nothing in this section shall be construed to prohibit the department of corrections from identifying and establishing trade advisory or apprenticeship committees to advise them on correctional industries work programs.
[ 2011 1st sp.s. c 21 s 39; 1989 c 185 s 12; 1972 ex.s. c 7 s 2.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.

catchline: "Vocational education" defined.


title: RCW 72.62.030

text:
Products goods, wares, articles, or merchandise manufactured or produced by residents of state correctional institutions or facilities within or in conjunction with vocational education programs for the training, habilitation, and rehabilitation of inmates may be sold on the open market. When services are performed by residents within or in conjunction with such vocational education programs, the cost of materials used and the value of depreciation of equipment used may be recovered.
[ 1983 c 255 s 6; 1972 ex.s. c 7 s 3.]
Notes:

catchline: Sale of products—Recovery of costs.


title: RCW 72.62.040

text:
The secretary of the department of social and health services or the secretary of corrections, as the case may be, shall credit the proceeds derived from the sale of such products, goods, wares, articles, or merchandise manufactured or produced by inmates of state correctional institutions within or in conjunction with vocational education programs to the institution where manufactured or produced to be deposited in a revolving fund to be expended for the purchase of supplies, materials and equipment for use in vocational education.
[ 1981 c 136 s 107; 1972 ex.s. c 7 s 4.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Crediting of proceeds of sales.


title: RCW 72.62.050

text:
Labor-management trade advisory and apprenticeship committees shall be constituted by the department for each vocation taught within the vocational education programs in the state correctional system.
[ 1972 ex.s. c 7 s 5.]

catchline: Trade advisory and apprenticeship committees.


title: RCW 72.63.010

text:
The legislature finds and declares that the establishment of prison work programs that allow prisoners to undertake food fish, shellfish, and game fish rearing projects and game bird and game animal improvement, restoration, and protection projects is needed to reduce idleness, promote the growth of prison industries, and provide prisoners with skills necessary for their successful reentry into society.
[ 1985 c 286 s 1.]

catchline: Legislative finding.


title: RCW 72.63.020

text:
The departments of corrections and fish and wildlife shall establish at or near appropriate state institutions, as defined in RCW 72.65.010, prison work programs that use prisoners to undertake state food fish, shellfish, and game fish rearing projects and state game bird and game animal improvement, restoration, and protection projects and that meet the requirements of RCW 72.09.100.
The department of corrections shall seek to identify a group of prisoners at each appropriate state institution, as defined by RCW 72.65.010, that are interested in participating in prison work programs established by this chapter.
If the department of corrections is unable to identify a group of prisoners to participate in work programs authorized by this chapter, it may enter into an agreement with the department of fish and wildlife for the purpose of designing projects for any institution. Costs under this section shall be borne by the department of corrections.
The departments of corrections and fish and wildlife shall use prisoners, where appropriate, to perform work in state projects that may include the following types:
(1) Food fish, shellfish, and game fish rearing projects, including but not limited to egg planting, egg boxes, juvenile planting, pen rearing, pond rearing, raceway rearing, and egg taking;
(2) Game bird and game animal projects, including but not limited to habitat improvement and restoration, replanting and transplanting, nest box installation, pen rearing, game protection, and supplemental feeding: PROVIDED, That no project shall be established at the department of fish and wildlife's south Tacoma game farm;
(3) Manufacturing of equipment for use in fish and game volunteer cooperative projects permitted by the department of fish and wildlife, or for use in prison work programs with fish and game; and
(4) Maintenance, repair, restoration, and redevelopment of facilities operated by the department of fish and wildlife.
[ 1994 c 264 s 43; 1988 c 36 s 29; 1985 c 286 s 2.]

catchline: Prison work programs for fish and game projects.


title: RCW 72.63.030

text:
(1) The department of fish and wildlife shall provide professional assistance from biologists, fish culturists, pathologists, engineers, habitat managers, and other departmental staff to assist the development and productivity of prison work programs under RCW 72.63.020, upon agreement with the department of corrections.
(2) The department of fish and wildlife shall identify and describe potential and pilot projects that are compatible with the goals of the various departments involved and that are particularly suitable for prison work programs.
(3) The department of fish and wildlife may make available surplus hatchery rearing space, net pens, egg boxes, portable rearing containers, incubators, and any other departmental facilities or property that are available for loan to the department of corrections to carry out prison work programs under RCW 72.63.020.
(4) The department of fish and wildlife shall provide live fish eggs, bird eggs, juvenile fish, game animals, or other appropriate seed stock, juveniles, or brood stock of acceptable disease history and genetic composition for the prison work projects at no cost to the department of corrections, to the extent that such resources are available. Fish food, bird food, or animal food may be provided by the department of fish and wildlife to the extent that funding is available.
(5) The department of natural resources shall assist in the implementation of the program where project sites are located on public beaches or state owned aquatic lands.
[ 1994 c 264 s 44; 1988 c 36 s 30; 1985 c 286 s 3.]

catchline: Department of fish and wildlife to provide professional assistance—Identification of projects—Loan of facilities and property—Resources to be provided.


title: RCW 72.63.040

text:
The costs of implementation of the projects prescribed by this chapter shall be supported to the extent that funds are available under the provisions of chapter 77.100 RCW, and from correctional industries funds.
[ 2003 c 39 s 31; 1989 c 185 s 13; 1985 c 286 s 4.]

catchline: Available funds to support costs of implementation.


title: RCW 72.64.001

text:
As used in this chapter:
"Department" means the department of corrections; and
"Secretary" means the secretary of corrections.
[ 1981 c 136 s 108.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Definitions.


title: RCW 72.64.010

text:
The secretary shall have the power and it shall be his or her duty to provide for the useful employment of prisoners in the adult correctional institutions: PROVIDED, That no prisoners shall be employed in what is known as the contract system of labor.
[ 2012 c 117 s 478; 1979 c 141 s 265; 1959 c 28 s 72.64.010. Prior: 1943 c 175 s 1; Rem. Supp. 1943 s 10279-1. Formerly RCW 72.08.220.]

catchline: Useful employment of prisoners—Contract system barred.


title: RCW 72.64.020

text:
The secretary shall make the necessary rules and regulations governing the employment of prisoners, the conduct of all such operations, and the disposal of the products thereof, under such restrictions as provided by law.
[ 1979 c 141 s 266; 1959 c 28 s 72.64.020. Prior: 1943 c 175 s 2; Rem. Supp. 1943 s 10279-2. Formerly RCW 72.08.230.]

catchline: Rules and regulations.


title: RCW 72.64.030

text:
Every prisoner in a state correctional facility shall be required to work in such manner as may be prescribed by the secretary, other than for the private financial benefit of any enforcement officer.
[ 1992 c 7 s 54; 1979 c 141 s 267; 1961 c 171 s 1; 1959 c 28 s 72.64.030. Prior: 1927 c 305 s 1; RRS s 10223-1.]

catchline: Prisoners required to work—Private benefit of enforcement officer prohibited.


title: RCW 72.64.040

text:
Where a prisoner is employed at any occupation for which pay is allowed or permitted, or at any gainful occupation from which the state derives an income, the department shall credit the prisoner with the total amount of his or her earnings.
The amount of earnings credited but unpaid to a prisoner may be paid to the prisoner's spouse, children, mother, father, brother, or sister as the inmate may direct upon approval of the superintendent. Upon release, parole, or discharge, all unpaid earnings of the prisoner shall be paid to him or her.
[ 2012 c 117 s 479; 1973 1st ex.s. c 154 s 105; 1959 c 28 s 72.64.040. Prior: 1957 c 19 s 1; 1927 c 305 s 3; RRS s 10223-3. Formerly RCW 72.08.250.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Crediting of earnings—Payment.


title: RCW 72.64.050

text:
The secretary shall also have the power to establish temporary branch institutions for state correctional facilities in the form of camps for the employment of prisoners therein in farming, reforestation, wood-cutting, land clearing, processing of foods in state canneries, forest firefighting, forest fire suppression and prevention, stream clearance, watershed improvement, development of parks and recreational areas, and other work to conserve the natural resources and protect and improve the public domain and construction of water supply facilities to state institutions.
[ 1992 c 7 s 55; 1979 c 141 s 268; 1961 c 171 s 2; 1959 c 28 s 72.64.050. Prior: 1943 c 175 s 3; Rem. Supp. 1943 s 10279-3. Formerly RCW 72.08.240.]
Notes:
Leaves of absence for inmates: RCW 72.01.365 through 72.01.380.

catchline: Branch institutions—Work camps for certain purposes.


title: RCW 72.64.060

text:
Any department, division, bureau, commission, or other agency of the state of Washington or any agency of any political subdivision thereof or the federal government may use, or cause to be used, prisoners confined in state penal or correctional institutions to perform work necessary and proper, to be done by them at camps to be established pursuant to the authority granted by RCW 72.64.060 through 72.64.090: PROVIDED, That such prisoners shall not be authorized to perform work on any public road, other than access roads to forestry lands. The secretary may enter into contracts for the purposes of RCW 72.64.060 through 72.64.090.
[ 1979 c 141 s 269; 1961 c 171 s 3; 1959 c 28 s 72.64.060. Prior: 1955 c 128 s 1. Formerly RCW 43.28.500.]

catchline: Labor camps authorized—Type of work permitted—Contracts.


title: RCW 72.64.065

text:
From and after July 1, 1973, any inmate working in a department of natural resources adult honor camp established and operated pursuant to RCW 72.64.050, 72.64.060, and 72.64.100 shall be eligible for the benefits provided by Title 51 RCW, as now or hereafter amended, relating to industrial insurance, with the exceptions herein provided.
No inmate as herein described, until released upon an order of parole by the state indeterminate sentence review board, or discharged from custody upon expiration of sentence, or discharged from custody by order of a court of appropriate jurisdiction, or his or her dependents or beneficiaries, shall be entitled to any payment for temporary disability or permanent total disability as provided for in RCW 51.32.090 or 51.32.060 respectively, as now or hereafter enacted, or to the benefits of chapter 51.36 RCW relating to medical aid.
Any and all premiums or assessments as may arise under this section pursuant to the provisions of Title 51 RCW shall be the obligation of and be paid by the state department of natural resources.
[ 2012 c 117 s 480; 1972 ex.s. c 40 s 3.]
Notes:
Effective date—1972 ex.s. c 40: See note following RCW 72.60.100.

catchline: Industrial insurance—Application to certain inmates—Payment of premiums and assessments.


title: RCW 72.64.070

text:
The department shall determine which prisoners shall be eligible for employment under RCW 72.64.060, and shall establish and modify lists of prisoners eligible for such employment, upon the requisition of an agency mentioned in RCW 72.64.060. The secretary may send to the place, and at the time designated, the number of prisoners requisitioned, or such number thereof as have been determined to be eligible for such employment and are available. No prisoner shall be eligible or shall be released for such employment until his or her eligibility therefor has been determined by the department.
The secretary may return to prison any prisoner transferred to camp pursuant to this section, when the need for such prisoner's labor has ceased or when the prisoner is guilty of any violation of the rules and regulations of the prison or camp.
[ 2012 c 117 s 481; 1979 c 141 s 270; 1959 c 28 s 72.64.070. Prior: 1955 c 128 s 2. Formerly RCW 43.28.510.]

catchline: Industrial insurance—Eligibility for employment—Procedure—Return.


title: RCW 72.64.080

text:
The agency providing for prisoners under RCW 72.64.060 through 72.64.090 shall designate and supervise all work done under the provisions thereof. The agency shall provide, erect and maintain any necessary camps, except that where no funds are available to the agency, the department may provide, erect and maintain the necessary camps. The secretary shall supervise and manage the necessary camps and commissaries.
[ 1979 c 141 s 271; 1959 c 28 s 72.64.080. Prior: 1955 c 128 s 3. Formerly RCW 43.28.520.]

catchline: Industrial insurance—Duties of employing agency—Costs—Supervision.


title: RCW 72.64.090

text:
The department shall have full jurisdiction at all times over the discipline and control of the prisoners performing work under RCW 72.64.060 through 72.64.090.
[ 1959 c 28 s 72.64.090. Prior: 1955 c 128 s 4. Formerly RCW 43.28.530.]


title: RCW 72.64.100

text:
The secretary is authorized to establish and operate regional jail camps for the confinement, treatment, and care of persons sentenced to jail terms in excess of thirty days, including persons so imprisoned as a condition of probation. The secretary shall make rules and regulations governing the eligibility for commitment or transfer to such camps and rules and regulations for the government of such camps. Subject to the rules and regulations of the secretary, and if there is in effect a contract entered into pursuant to RCW 72.64.110, a county prisoner may be committed to a regional jail camp in lieu of commitment to a county jail or other county detention facility.
[ 1979 c 141 s 272; 1961 c 171 s 4.]


title: RCW 72.64.110

text:
(1) The secretary may enter into a contract with any county of the state, upon the request of the sheriff thereof, wherein the secretary agrees to furnish confinement, care, treatment, and employment of county prisoners. The county shall reimburse the state for the cost of such services. Each county shall pay to the state treasurer the amounts found to be due.
(2) The secretary shall accept such county prisoner if he or she believes that the prisoner can be materially benefited by such confinement, care, treatment, and employment, and if adequate facilities to provide such care are available. No such person shall be transported to any facility under the jurisdiction of the secretary until the secretary has notified the referring court of the place to which said person is to be transmitted and the time at which he or she can be received.
(3) The sheriff of the county in which such an order is made placing a misdemeanant in a jail camp pursuant to this chapter, or any other peace officer designated by the court, shall execute an order placing such county prisoner in the jail camp or returning him or her therefrom to the court.
(4) The secretary may return to the committing authority, or to confinement according to his or her sentence, any person committed or transferred to a regional jail camp pursuant to this chapter when there is no suitable employment or when such person is guilty of any violation of rules and regulations of the regional jail camp.
[ 2012 c 117 s 482; 1980 c 17 s 1. Prior: 1979 c 147 s 1; 1979 c 141 s 273; 1961 c 171 s 5.]

catchline: Contracts to furnish county prisoners confinement, care, and employment—Reimbursement by county—Sheriff's order—Return of prisoner.