title: RCW 72.64.150

text:
The Interstate Forest Fire Suppression Compact as set forth in this section is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:
INTERSTATE FOREST FIRE SUPPRESSION
COMPACT
ARTICLE I—Purpose
The purpose of this compact is to provide for the development and execution of programs to facilitate the use of offenders in the forest fire suppression efforts of the party states for the ultimate protection of life, property, and natural resources in the party states. The purpose of this compact is also to, in emergent situations, allow a sending state to cross state lines with an inmate when, due to weather or road conditions, it is necessary to cross state lines to facilitate the transport of an inmate.
ARTICLE II—Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) "Sending state" means a state party to this compact from which a fire suppression unit is traveling.
(b) "Receiving state" means a state party to this compact to which a fire suppression unit is traveling.
(c) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.
(d) "Institution" means any prison, reformatory, honor camp, or other correctional facility, except facilities for persons suffering from mental illness or persons with disabilities, in which inmates may lawfully be confined.
(e) "Fire suppression unit" means a group of inmates selected by the sending states, corrections personnel, and any other persons deemed necessary for the transportation, supervision, care, security, and discipline of inmates to be used in forest fire suppression efforts in the receiving state.
(f) "Forest fire" means any fire burning in any land designated by a party state or federal land management agencies as forestland.
ARTICLE III—Contracts
Each party state may make one or more contracts with any one or more of the other party states for the assistance of one or more fire suppression units in forest fire suppression efforts. Any such contract shall provide for matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving state.
The terms and provisions of this compact shall be part of any contract entered into by the authority of, or pursuant to, this compact. Nothing in any such contract may be inconsistent with this compact.
ARTICLE IV—Procedures and Rights
(a) Each party state shall appoint a liaison for the coordination and deployment of the fire suppression units of each party state.
(b) Whenever the duly constituted judicial or administrative authorities in a state party to this compact that has entered into a contract pursuant to this compact decides that the assistance of a fire suppression unit of a party state is required for forest fire suppression efforts, such authorities may request the assistance of one or more fire suppression units of any state party to this compact through an appointed liaison.
(c) Inmates who are members of a fire suppression unit shall at all times be subject to the jurisdiction of the sending state, and at all times shall be under the ultimate custody of corrections officers duly accredited by the sending state.
(d) The receiving state shall make adequate arrangements for the confinement of inmates who are members of a fire suppression unit of a sending state in the event corrections officers duly accredited by the sending state make a discretionary determination that an inmate requires institutional confinement.
(e) Cooperative efforts shall be made by corrections officers and personnel of the receiving state located at a fire camp with the corrections officers and other personnel of the sending state in the establishment and maintenance of fire suppression unit base camps.
(f) All inmates who are members of a fire suppression unit of a sending state shall be cared for and treated equally with such similar inmates of the receiving state.
(g) Further, in emergent situations a sending state shall be granted authority and all the protections of this compact to cross state lines with an inmate when, due to weather or road conditions, it is necessary to facilitate the transport of an inmate.
ARTICLE V—Acts Not Reviewable in Receiving
State; Extradition
(a) If while located within the territory of a receiving state there occurs against the inmate within such state any criminal charge or if the inmate is suspected of committing within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate member of a fire suppression unit of the sending state who is deemed to have escaped by a duly accredited corrections officer of a sending state shall be under the jurisdiction of both the sending state and the receiving state. Nothing contained in this compact shall be construed to prevent or affect the activities of officers and guards of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI—Entry into Force
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states from among the states of Idaho, Oregon, and Washington.
ARTICLE VII—Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it has enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states.
ARTICLE VIII—Other Arrangements Unaffected
Nothing contained in this compact may be construed to abrogate or impair any agreement that a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE IX—Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[ 2020 c 274 s 57; 1991 c 131 s 1.]
Notes:
Severability—1991 c 131: "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 131 s 3.]

catchline: Interstate forest fire suppression compact.


doc_type: statute

jurisdiction: wa

title: RCW 72.64.160

text:
(1) For the purposes of RCW 72.64.150, inmate forest fire suppression crews may be considered a class I free venture industry, as defined in RCW 72.09.100, when fighting fires on federal lands.
(2) For the purposes of RCW 72.64.050, inmate forest fire suppression and support crews when fighting fires must receive a gratuity no less than the minimum wage per hour paid in the locality in which the industry is located.
[ 2021 c 298 s 9; 1991 c 131 s 2.]
Notes:
Short title—2021 c 298: See note following RCW 76.04.505.
Severability—1991 c 131: See note following RCW 72.64.150.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Inmate forest fire suppression crews—Classification—Gratuity/wage.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 72.64.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 170.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 72.65.010

text:
As used in this chapter, the following terms shall have the following meanings:
(1) "Department" shall mean the department of corrections.
(2) "Secretary" shall mean the secretary of corrections.
(3) "State correctional institutions" shall mean and include all state adult correctional facilities established pursuant to law under the jurisdiction of the department for the treatment of convicted felons sentenced to a term of confinement.
(4) "Prisoner" shall mean a person either male or female, convicted of a felony and sentenced by the superior court to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.
(5) "Superintendent" shall mean the superintendent of a state correctional institution, camp or other facility now or hereafter established under the jurisdiction of the department pursuant to law.
[ 1992 c 7 s 56; 1985 c 350 s 4; 1981 c 136 s 110; 1979 c 141 s 274; 1967 c 17 s 1.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.
Administrative departments and agencies—General provisions: RCW 43.17.010, 43.17.020.

catchline: Definitions.


title: RCW 72.65.020

text:
(1) The secretary is authorized to extend the limits of the place of confinement and treatment within the state of any prisoner convicted of a felony, sentenced to a term of confinement and treatment by the superior court, and serving such sentence in a state correctional institution under the jurisdiction of the department, by authorizing a work release plan for such prisoner, permitting him or her, under prescribed conditions, to do any of the following:
(a) Work at paid employment;
(b) Participate in a vocational training program: PROVIDED, That the tuition and other expenses of such a vocational training program shall be paid by the prisoner, by someone in his or her behalf, or by the department: PROVIDED FURTHER, That any expenses paid by the department shall be recovered by the department pursuant to the terms of RCW 72.65.050;
(c) Interview or make application to a prospective employer or employers, or enroll in a suitable vocational training program.
Such work release plan of any prison shall require that he or she be confined during the hours not reasonably necessary to implement the plan , in (1) [(i)] a state correctional institution, (2) [(ii)] a county or city jail, which jail has been approved after inspection pursuant to *RCW 70.48.050, or (3) [(iii)] any other appropriate, supervised facility, after an agreement has been entered into between the department and the appropriate authorities of the facility for the housing of work release prisoners.
(2) This section applies only to persons sentenced for crimes that were committed before July 1, 1984.
[ 2012 c 117 s 483; 1984 c 209 s 28; 1979 ex.s. c 160 s 1; 1979 c 141 s 275; 1967 c 17 s 2.]
Notes:
*Reviser's note: RCW 70.48.050 was repealed by 1987 c 462 s 23, effective January 1, 1988.
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Places of confinement—Extension of limits authorized, conditions—Application of section.


title: RCW 72.65.030

text:
(1) Any prisoner serving a sentence in a state correctional institution may make application to participate in the work release program to the superintendent of the institution in which he or she is confined. Such application shall set forth the name and address of his or her proposed employer or employers or shall specify the vocational training program, if any, in which he or she is enrolled. It shall include a statement to be executed by such prisoner that if his or her application be approved he or she agrees to abide faithfully by all terms and conditions of the particular work release plan adopted for him or her. It shall further set forth such additional information as the department or the secretary shall require.
(2) This section applies only to persons sentenced for crimes that were committed before July 1, 1984.
[ 2012 c 117 s 484; 1984 c 209 s 29; 1979 c 141 s 276; 1967 c 17 s 3.]
Notes:
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Application of prisoner to participate in program, contents—Application of section.


title: RCW 72.65.040

text:
(1) The superintendent of the state correctional institution in which a prisoner who has made application to participate in the work release program is confined, after careful study of the prisoner's conduct, attitude, and behavior within the institutions under the jurisdiction of the department, his or her criminal history and all other pertinent case history material, shall determine whether or not there is reasonable cause to believe that the prisoner will honor his or her trust as a work release participant. After having made such determination, the superintendent, in his or her discretion, may deny the prisoner's application, or recommend to the secretary, or such officer of the department as the secretary may designate, that the prisoner be permitted to participate in the work release program. The secretary or his or her designee, may approve, reject, modify, or defer action on such recommendation. In the event of approval, the secretary or his or her designee, shall adopt a work release plan for the prisoner, which shall constitute an extension of the limits of confinement and treatment of the prisoner when released pursuant thereto, and which shall include such terms and conditions as may be deemed necessary and proper under the particular circumstances. The plan shall be signed by the prisoner under oath that he or she will faithfully abide by all terms and conditions thereof. Further, as a condition, the plan shall specify where such prisoner shall be confined when not released for the purpose of the work release plan. At any time after approval has been granted to any prisoner to participate in the work release program, such approval may be revoked, and if the prisoner has been released on a work release plan, he or she may be returned to a state correctional institution, or the plan may be modified, in the sole discretion of the secretary or his or her designee. Any prisoner who has been initially rejected either by the superintendent or the secretary or his or her designee, may reapply for permission to participate in a work release program after a period of time has elapsed from the date of such rejection. This period of time shall be determined by the secretary or his or her designee, according to the individual circumstances in each case.
(2) This section applies only to persons sentenced for crimes that were committed before July 1, 1984.
[ 2012 c 117 s 485; 1984 c 209 s 30; 1979 c 141 s 277; 1967 c 17 s 4.]
Notes:
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Approval or denial of application—Adoption of work release plan—Terms and conditions—Revocation—Reapplication—Application of section.


title: RCW 72.65.050

text:
A prisoner employed under a work release plan shall surrender to the secretary, or to the superintendent of such state correctional institution as shall be designated by the secretary in the plan, his or her total earnings, less payroll deductions required by law, or such payroll deductions as may reasonably be required by the nature of the employment and less such amount which his or her work release plan specifies he or she should retain to help meet his or her personal needs, including costs necessary for his or her participation in the work release plan such as expenses for travel, meals, clothing, tools and other incidentals. The secretary, or the superintendent of the state correctional institution designated in the work release plan shall deduct from such earnings, and make payments from such work release participant's earnings in the following order of priority:
(1) Reimbursement to the department for any expenses advanced for vocational training pursuant to RCW 72.65.020(2), or for expenses incident to a work release plan pursuant to RCW 72.65.090.
(2) Payment of board and room charges for the work release participant: PROVIDED, That if the participant is housed at a state correctional institution, the average daily per capita cost for the operation of such correctional institution, excluding capital outlay expenditures, shall be paid from the work release participant's earnings to the general fund of the state treasury: PROVIDED FURTHER, That if such work release participant is housed in another facility pursuant to agreement, then the charges agreed to between the department and the appropriate authorities of such facility shall be paid from the participant's earnings to such appropriate authorities.
(3) Payments for the necessary support of the work release participant's dependents, if any.
(4) Ten percent for payment of legal financial obligations for all work release participants who have legal financial obligations owing in any Washington state superior court.
(5) Payments to creditors of the work release participant, which may be made at his or her discretion and request, upon proper proof of personal indebtedness.
(6) Payments to the work release participant himself or herself upon parole or discharge, or for deposit in his or her personal account if returned to a state correctional institution for confinement and treatment.
[ 2002 c 126 s 3; 1979 c 141 s 278; 1967 c 17 s 5.]

catchline: Disposition of earnings.


title: RCW 72.65.060

text:
The earnings of a work release participant shall not be subject to garnishment, attachment, or execution while such earnings are either in the possession of the employer or any state officer authorized to hold such funds, except for payment of a court-ordered legal financial obligation as that term is defined in RCW 72.11.010.
[ 1989 c 252 s 21; 1967 c 17 s 6.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Earnings not subject to legal process.


title: RCW 72.65.080

text:
The secretary may enter into contracts with the appropriate authorities for the payment of the cost of feeding and lodging and other expenses of housing work release participants. Such contracts may include any other terms and conditions as may be appropriate for the implementation of the work release program. In addition the secretary is authorized to acquire, by lease or contract, appropriate facilities for the housing of work release participants and providing for their subsistence and supervision. Such work release participants placed in leased or contracted facilities shall be required to reimburse the department the per capita cost of subsistence and lodging in accordance with the provisions and in the priority established by RCW 72.65.050(2). The location of such facilities shall be subject to the zoning laws of the city or county in which they may be situated.
[ 1982 1st ex.s. c 48 s 18; 1981 c 136 s 111; 1979 c 141 s 279; 1969 c 109 s 1; 1967 c 17 s 8.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1969 c 109: "This act shall become effective on July 1, 1969." [ 1969 c 109 s 2.]

catchline: Contracts with authorities for payment of expenses for housing participants—Procurement of housing facilities.


title: RCW 72.65.090

text:
The department may provide transportation for work release participants to the designated places of housing under the work release plan, and may supply suitable clothing and such other equipment, supplies and other necessities as may be reasonably needed for the implementation of the plans adopted for such participation from the community services revolving fund as established in RCW 9.95.360: PROVIDED, That costs and expenditures incurred for this purpose may be deducted by the department from the earnings of the participants and deposited in the community services revolving fund.
[ 1986 c 125 s 6; 1967 c 17 s 9.]

catchline: Transportation, clothing, supplies for participants.


title: RCW 72.65.100

text:
The secretary is authorized to make rules and regulations for the administration of the provisions of this chapter to administer the work release program. In addition, the department shall:
(1) Supervise and consult with work release participants;
(2) Locate available employment or vocational training opportunities for qualified work release participants;
(3) Effect placement of work release participants under the program;
(4) Collect, account for and make disbursement from earnings of work release participants under the provisions of this chapter, including accounting for all inmate debt in the community services revolving fund. RCW 9.95.370 applies to inmates assigned to work/training release facilities who receive assistance as provided in RCW 9.95.310, 9.95.320, 72.65.050, and 72.65.090;
(5) Promote public understanding and acceptance of the work release program.
All state agencies shall cooperate with the department in the administration of the work release program as provided by this chapter.
[ 1986 c 125 s 7; 1981 c 136 s 112; 1979 c 141 s 280; 1967 c 17 s 10.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Powers and duties of secretary—Rules and regulations—Cooperation of other state agencies directed.


title: RCW 72.65.110

text:
All earnings of work release participants shall be deposited by the secretary, or the superintendent of a state correctional institution designated by the secretary in the work release plan, in personal funds. All disbursements from such funds shall be made only in accordance with the work release plans of such participants and in accordance with the provisions of this chapter.
[ 1979 c 141 s 281; 1967 c 17 s 11.]

catchline: Earnings to be deposited in personal funds—Disbursements.


title: RCW 72.65.120

text:
All participants who become engaged in employment or training under the work release program shall not be considered as agents, employees or involuntary servants of state and the department is prohibited from entering into a contract with any person, co-partnership, company or corporation for the labor of any participant under its jurisdiction: PROVIDED, That such work release participants shall be entitled to all benefits and privileges in their employment under the provisions of this chapter to the same extent as other employees of their employer, except that such work release participants shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged on expiration of their maximum sentences.
[ 1967 c 17 s 12.]

catchline: Participants not considered agents or employees of the state—Contracting with persons, companies, etc., for labor of participants prohibited—Employee benefits and privileges extended to.


title: RCW 72.65.130

text:
This chapter shall not be construed as affecting the authority of the *board of prison terms and paroles pursuant to the provisions of chapter 9.95 RCW over any person who has been approved for participation in the work release program.
[ 1971 ex.s. c 58 s 1; 1967 c 17 s 13.]
Notes:
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.
Effective date—1971 ex.s. c 58: See note following RCW 72.66.010.

catchline: Authority of board of prison terms and paroles not impaired.


title: RCW 72.65.200

text:
The secretary may permit a prisoner to participate in any work release plan or program but only if the participation is authorized pursuant to the prisoner's sentence or pursuant to RCW 9.94A.728. This section shall become effective July 1, 1984.
[ 1981 c 137 s 35.]
Notes:

catchline: Participation in work release plan or program must be authorized by sentence or RCW 9.94A.728.


title: RCW 72.65.210

text:
(1) The department shall establish, by rule, incarcerated individual eligibility standards for participation in the work release program.
(2) The department shall:
(a) Conduct an annual examination of each work release facility and its security procedures;
(b) Investigate and set standards for the individual supervision policies of each work release facility;
(c) Establish physical standards for future work release structures to ensure the safety of individuals, employees, and the surrounding communities;
(d) Evaluate its recordkeeping of serious infractions to determine if infractions are properly and consistently assessed against individuals eligible for work release;
(e) Establish a written treatment plan best suited to the individual's needs, cost, and the relationship of community placement and community corrections officers to a system of case management;
(f) Adopt a policy to encourage businesses employing work release individuals to contact the appropriate work release facility whenever an individual is absent from his or her work schedule. The department of corrections shall provide each employer with written information and instructions on who should be called if a work release employee is absent from work or leaves the jobsite without authorization; and
(g) Develop a siting policy, in conjunction with cities, counties, community groups, and the department of commerce for the establishment of additional work release facilities. Such policy shall include at least the following elements: (i) Guidelines for appropriate site selection of work-release facilities; (ii) notification requirements to local government and community groups of intent to site a work release facility; and (iii) guidelines for effective community relations by the work release program operator.
The department shall comply with the requirements of this section by July 1, 1990.
(3) The department may not transfer an incarcerated individual to participate in a work release program until the department has a clinically appropriate evaluation for substance use disorder. If the incarcerated individual is diagnosed to have a substance use disorder, the department shall assist the incarcerated individual in enrolling in substance use disorder treatment services at the level deemed clinically appropriate. Individuals transferred to participate in a work release program, and diagnosed with a substance use disorder, must begin receiving substance use disorder treatment services as soon as practicable after transfer to avoid any delays in treatment. Substance use disorder treatment services shall include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs. Upon transfer to a work release program, when clinically appropriate, individuals must be provided with access to self-administered fentanyl testing supplies and medications designed to reverse the effects of opioid overdose.
[ 2025 c 407 s 7; 2023 c 470 s 2121; 1998 c 245 s 142; 1995 c 399 s 203; 1989 c 89 s 1.]
Notes:
Retroactive application—Findings—Intent—2025 c 407: See notes following RCW 9.94A.6551.
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Inmate participation eligibility standards—Department to conduct overall review of work release program.


title: RCW 72.65.220

text:
(1) The department or a private or public entity under contract with the department may establish or relocate for the operation of a work release or other community-based facility only after public notifications and local public meetings have been completed consistent with this section.
(2) The department and other state agencies responsible for siting department-owned, operated, or contracted facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities. This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives, including at least the following:
(a) When the department or a private or public entity under contract with the department has selected three or fewer sites for final consideration of a department-owned, operated, or contracted work release or other community-based facility, the department or contracting organization shall make public notification and conduct public hearings in the local communities of the final three or fewer proposed sites. An additional public hearing after public notification shall also be conducted in the local community selected as the final proposed site.
(b) Notifications required under this section shall be provided to the following:
(i) All newspapers of general circulation in the local area and all local radio stations, television stations, and cable networks;
(ii) Appropriate school districts, private schools, kindergartens, city and county libraries, and all other local government offices within a one-half mile radius of the proposed site or sites;
(iii) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department; and
(iv) In writing to all residents and/or property owners within a one-half mile radius of the proposed site or sites.
(3) When the department contracts for the operation of a work release or other community-based facility that is not owned or operated by the department, the department shall require as part of its contract that the contracting entity comply with all the public notification and public hearing requirements as provided in this section for each located and relocated work release or other community-based facility.
[ 1997 c 348 s 1; 1994 c 271 s 1001.]
Notes:
Effective date—1994 c 271 s 1001: "Section 1001 of this act shall take effect July 1, 1994." [ 1994 c 271 s 1101.]
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.

catchline: Facility siting process.


title: RCW 72.65.900

text:
This act shall become effective on July 1, 1967.
[ 1967 c 17 s 14.]

catchline: Effective date—1967 c 17.


title: RCW 72.66.010

text:
As used in this chapter the following words shall have the following meanings:
(1) "Department" means the department of corrections.
(2) "Emergency furlough" means a specially expedited furlough granted to a resident to enable him or her to meet an emergency situation, such as the death or critical illness of a member of his or her family.
(3) "Furlough" means an authorized leave of absence for an eligible resident, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or corrections official while on such leave.
(4) "Resident" means a person convicted of a felony and serving a sentence for a term of confinement in a state correctional institution or facility, or a state approved work or training release facility.
(5) "Secretary" means the secretary of corrections, or his or her designee or designees.
[ 2012 c 117 s 486; 1981 c 136 s 113; 1973 c 20 s 2; 1971 ex.s. c 58 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—1981 c 136: See RCW 72.09.900.
Construction—Prior rules and regulations—1973 c 20: "The provisions of this 1973 amendatory act shall not affect the validity of any rule or regulation adopted prior to the effective date of this 1973 amendatory act [June 7, 1973], if such rule or regulation is not in conflict with any provision of this 1973 amendatory act." [ 1973 c 20 s 17.]
Effective date—1971 ex.s. c 58: "This act shall become effective on July 1, 1971." [ 1971 ex.s. c 58 s 11.]


title: RCW 72.66.012

text:
The secretary may grant a furlough but only if not precluded from doing so under RCW 72.66.014, 72.66.016, 72.66.018, 72.66.024, 72.66.034, or 72.66.036.
[ 1973 c 20 s 3.]

catchline: Granting of furloughs authorized.


title: RCW 72.66.014

text:
A resident may apply for a furlough if he or she is not precluded from doing so under this section. A resident shall be ineligible to apply for a furlough if:
(1) He or she is not classified by the secretary as eligible for or on minimum security status; or
(2) His or her minimum term of imprisonment has not been set; or
(3) He or she has a valid detainer pending and the agency holding the detainer has not provided written approval for him or her to be placed on a furlough-eligible status. Such written approval may include either specific approval for a particular resident or general approval for a class or group of residents.
[ 2012 c 117 s 487; 1973 c 20 s 4.]

catchline: Ineligibility.


title: RCW 72.66.016

text:
(1) A furlough shall not be granted to a resident if the furlough would commence prior to the time the resident has served the minimum amounts of time provided under this section:
(a) If his or her minimum term of imprisonment is longer than twelve months, he or she shall have served at least six months of the term;
(b) If his or her minimum term of imprisonment is less than twelve months, he or she shall have served at least ninety days and shall have no longer than six months left to serve on his or her minimum term;
(c) If he or she is serving a mandatory minimum term of confinement, he or she shall have served all but the last six months of such term.
(2) A person convicted and sentenced for a violent offense as defined in RCW 9.94A.030 is not eligible for furlough until the person has served at least one-half of the minimum term.
[ 2011 1st sp.s. c 40 s 35; 1983 c 255 s 8; 1973 c 20 s 5.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.

catchline: Minimum time served requirement.


title: RCW 72.66.018

text:
A furlough may only be granted to enable the resident:
(1) To meet an emergency situation, such as death or critical illness of a member of his or her family;
(2) To obtain medical care not available in a facility maintained by the department;
(3) To seek employment or training opportunities, but only when:
(a) There are scheduled specific work interviews to take place during the furlough;
(b) The resident has been approved for work or training release but his or her work or training placement has not occurred or been concluded; or
(c) When necessary for the resident to prepare a parole plan for a parole meeting scheduled to take place within one hundred and twenty days of the commencement of the furlough;
(4) To make residential plans for parole which require his or her personal appearance in the community;
(5) To care for business affairs in person when the inability to do so could deplete the assets or resources of the resident so seriously as to affect his or her family or his or her future economic security;
(6) To visit his or her family for the purpose of strengthening or preserving relationships, exercising parental responsibilities, or preventing family division or disintegration; or
(7) For any other purpose deemed to be consistent with plans for rehabilitation of the resident.
[ 2012 c 117 s 488; 1973 c 20 s 6.]

catchline: Grounds for granting furlough.


title: RCW 72.66.022

text:
Each resident applying for a furlough shall include in his or her application for the furlough:
(1) A furlough plan which shall specify in detail the purpose of the furlough and how it is to be achieved, the address at which the applicant would reside, the names of all persons residing at such address[,] and their relationships to the applicant;
(2) A statement from the applicant's proposed sponsor that he or she agrees to undertake the responsibilities provided in RCW 72.66.024; and
(3) Such other information as the secretary shall require in order to protect the public or further the rehabilitation of the applicant.
[ 2012 c 117 s 489; 1973 c 20 s 7.]

catchline: Application—Contents.


title: RCW 72.66.024

text:
No furlough shall be granted unless the applicant for the furlough has procured a person to act as his or her sponsor. No person shall qualify as a sponsor unless he or she satisfies the secretary that he or she knows the applicant's furlough plan, is familiar with the furlough conditions prescribed pursuant to RCW 72.66.026, and submits a statement that he or she agrees to:
(1) See to it that the furloughed person is provided with appropriate living quarters for the duration of the furlough;
(2) Notify the secretary immediately if the furloughed person does not appear as scheduled, departs from the furlough plan at any time, becomes involved in serious difficulty during the furlough, or experiences problems that affect his or her ability to function appropriately;
(3) Assist the furloughed person in other appropriate ways, such as discussing problems and providing transportation to job interviews; and
(4) Take reasonable measures to assist the resident to return from furlough.
[ 2012 c 117 s 491; 2012 c 117 s 490; 1973 c 20 s 8.]

catchline: Sponsor.


title: RCW 72.66.026

text:
The terms and conditions prescribed under this section shall apply to each furlough, and each resident granted a furlough shall agree to abide by them.
(1) The furloughed person shall abide by the terms of his or her furlough plan.
(2) Upon arrival at the destination indicated in his or her furlough plan, the furloughed person shall, when so required, report to a state probation and parole officer in accordance with instructions given by the secretary prior to release on furlough. He or she shall report as frequently as may be required by the state probation and parole officer.
(3) The furloughed person shall abide by all local, state, and federal laws.
(4) With approval of the state probation and parole officer designated by the secretary, the furloughed person may accept temporary employment during a period of furlough.
(5) The furloughed person shall not leave the state at any time while on furlough.
(6) Other limitations on movement within the state may be imposed as a condition of furlough.
(7) The furloughed person shall not, in any public place, drink intoxicating beverages or be in an intoxicated condition. A furloughed person shall not enter any tavern, bar, or cocktail lounge.
(8) A furloughed person who drives a motor vehicle shall:
(a) Have a valid Washington driver's license in his or her possession;
(b) Have the owner's written permission to drive any vehicle not his or her own or his or her spouse's;
(c) Have at least minimum personal injury and property damage liability coverage on the vehicle he or she is driving; and
(d) Observe all traffic laws.
(9) Each furloughed person shall carry with him or her at all times while on furlough a copy of his or her furlough order prescribed pursuant to RCW 72.66.028 and a copy of the identification card issued to him or her pursuant to RCW 72.66.032.
(10) The furloughed person shall comply with any other terms or conditions which the secretary may prescribe.
[ 2012 c 117 s 492; 1973 c 20 s 9.]

catchline: Furlough terms and conditions.


title: RCW 72.66.028

text:
Whenever the secretary grants a furlough, he or she shall do so by a special order which order shall contain each condition and term of furlough prescribed pursuant to RCW 72.66.026 and each additional condition and term which the secretary may prescribe as being appropriate for the particular person to be furloughed.
[ 2012 c 117 s 493; 1973 c 20 s 10.]

catchline: Furlough order—Contents.


title: RCW 72.66.032

text:
The secretary shall issue a furlough identification card to each resident granted a furlough. The card shall contain the name of the resident and shall disclose the fact that he or she has been granted a furlough and the time period covered by the furlough.
[ 2012 c 117 s 494; 1973 c 20 s 11.]

catchline: Furlough identification card.


title: RCW 72.66.034

text:
Prior to the granting of any furlough, the secretary shall examine the applicant's personality and past conduct and determine whether or not he or she represents a satisfactory risk for furlough. The secretary shall not grant a furlough to any person whom he or she believes represents an unsatisfactory risk.
[ 2012 c 117 s 495; 1973 c 20 s 12.]

catchline: Applicant's personality and conduct—Examination.


title: RCW 72.66.036

text:
(1) The furlough or furloughs granted to any one resident, excluding furloughs for medical care, may not exceed thirty consecutive days or a total of sixty days during a calendar year.
(2) Absent unusual circumstances, each first furlough and each second furlough granted to a resident shall not exceed a period of five days and each emergency furlough shall not exceed forty-eight hours plus travel time.
(3) A furlough may be extended within the maximum time periods prescribed under this section.
[ 1983 c 255 s 7; 1973 c 20 s 13.]
Notes:

catchline: Furlough duration—Extension.


title: RCW 72.66.038

text:
Any employee of the department having knowledge of a furlough infraction shall report the facts to the secretary. Upon verification, the secretary shall cause the custody of the furloughed person to be regained, and for this purpose may cause a warrant to be issued.
[ 1973 c 20 s 14.]


title: RCW 72.66.042

text:
In the event of an emergency furlough, the secretary may waive all or any portion of RCW 72.66.014(2), 72.66.016, 72.66.022, 72.66.024, and 72.66.026.
[ 1973 c 20 s 15.]

catchline: Emergency furlough—Waiver of certain requirements.


title: RCW 72.66.044

text:
Any proceeding involving an application for a furlough shall not be deemed an adjudicative proceeding under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.
[ 1989 c 175 s 144; 1973 c 20 s 16.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Application proceeding not deemed adjudicative proceeding.


title: RCW 72.66.050

text:
At any time after approval has been granted for a furlough to any prisoner, such approval or order of furlough may be revoked, and if the prisoner has been released on an order of furlough, he or she may be returned to a state correctional institution, or the plan may be modified, in the discretion of the secretary. Any prisoner whose furlough application is rejected may reapply for a furlough after such period of time has elapsed as shall be determined at the time of rejection by the superintendent or secretary, whichever person initially rejected the application for furlough, such time period being subject to modification.
[ 2012 c 117 s 496; 1971 ex.s. c 58 s 6.]

catchline: Revocation or modification of furlough plan—Reapplication.


title: RCW 72.66.070

text:
The department shall provide or arrange for transportation for furloughed prisoners to the designated place of residence within the state and shall, in addition, supply funds in the sum of no less than $40 and suitable clothing, such clothing to be returned to the institution on the expiration of furlough.
[ 2024 c 32 s 2; 1971 ex.s. c 58 s 8.]

catchline: Transportation, clothing and funds for furloughed prisoners.


title: RCW 72.66.080

text:
The secretary may enter into agreements with any agency of the state, a county, a municipal corporation or any person, corporation or association for the purpose of implementing furlough plans, and, in addition, may make such rules and regulations in furtherance of this chapter as he or she may deem necessary.
[ 2012 c 117 s 497; 1971 ex.s. c 58 s 9.]

catchline: Powers and duties of secretary—Certain agreements—Rules and regulations.


title: RCW 72.66.090

text:
The secretary may issue warrants for the arrest of any prisoner granted a furlough, at the time of the revocation of such furlough, or upon the failure of the prisoner to report as designated in the order of furlough. Such arrest warrants shall authorize any law enforcement, probation and parole or peace officer of this state, or any other state where such prisoner may be located, to arrest such prisoner and to place him or her in physical custody pending his or her return to confinement in a state correctional institution. Any state probation and parole officer, if he or she has reasonable cause to believe that a person granted a furlough has violated a condition of his or her furlough, may suspend such person's furlough and arrest or cause the arrest and detention in physical custody of the furloughed prisoner, pending the determination of the secretary whether the furlough should be revoked. The probation and parole officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending such furlough. Upon the basis of the report and such other information as the secretary may obtain, he or she may revoke, reinstate, or modify the conditions of furlough, which shall be by written order of the secretary. If the furlough is revoked, the secretary shall issue a warrant for the arrest of the furloughed prisoner and his or her return to a state correctional institution.
[ 2012 c 117 s 498; 1971 ex.s. c 58 s 10.]

catchline: Violation or revocation of furlough—Authority of secretary to issue arrest warrants—Enforcement of warrants by law enforcement officers—Authority of probation and parole officer to suspend furlough.


title: RCW 72.66.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 171.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 72.68.001

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of corrections.
(2) "Private correctional entity" means a for-profit contractor or for-profit vendor who provides services relating to the ownership, management, or administration of security services of a correctional facility for the incarceration of persons.
(3) "Secretary" means the secretary of corrections.
[ 2020 c 318 s 6; 1981 c 136 s 114.]
Notes:
Findings—Intent—Construction—Effective date—2020 c 318: See notes following RCW 72.68.110.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Definitions.


title: RCW 72.68.010

text:
(1) Whenever in its judgment the best interests of the state or the welfare of any incarcerated individual confined in any penal institution will be better served by his or her transfer to another institution or to a foreign country of which the incarcerated individual is a citizen or national, the secretary may effect such transfer consistent with applicable federal laws and treaties. The secretary has the authority to transfer incarcerated individuals between in-state correctional facilities or to out-of-state governmental institutions if the secretary determines that transfer is in the best interest of the state or the incarcerated individual. The determination of what is in the best interest of the state or incarcerated individual may include but is not limited to considerations of overcrowding, emergency conditions, or hardship to the incarcerated individual. In determining whether the transfer will impose a hardship on the incarcerated individual, the secretary shall consider: (a) The location of the incarcerated individual's family and whether the incarcerated individual has maintained contact with members of his or her family; (b) whether, if the incarcerated individual has maintained contact, the contact will be significantly disrupted by the transfer due to the family's inability to maintain the contact as a result of the transfer; and (c) whether the incarcerated individual is enrolled in a vocational or educational program that cannot reasonably be resumed or completed if the incarcerated individual is transferred to another correctional institution or returned to the state.
(2)(a) The secretary has the authority to transfer incarcerated individuals to an out-of-state private correctional entity only if:
(i) The governor finds that an emergency exists such that the population of a state correctional facility exceeds its reasonable, maximum capacity, resulting in safety and security concerns;
(ii) The governor has considered all other legal options to address capacity, including those pursuant to RCW 9.94A.870;
(iii) The secretary determines that transfer is in the best interest of the state or the incarcerated individual; and
(iv) The contract with the out-of-state private correctional entity includes requirements for access to public records to the same extent as if the facility were operated by the department, incarcerated individual access to the office of the corrections ombuds, and inspections and visits without notice.
(b) Should any of these requirements in this subsection not be met, the contract with the private correctional entity shall be terminated.
(3) If directed by the governor, the secretary shall, in carrying out this section and RCW 43.06.350, adopt rules under chapter 34.05 RCW to effect the transfer of incarcerated individuals requesting transfer to foreign countries.
[ 2021 c 200 s 7; 2020 c 318 s 4; 2000 c 62 s 2; 1983 c 255 s 10; 1979 c 141 s 282; 1959 c 28 s 72.68.010. Prior: 1955 c 245 s 2; 1935 c 114 s 5; RRS s 10249-5. Formerly RCW 9.95.180.]
Notes:
Findings—Intent—Construction—Effective date—2020 c 318: See notes following RCW 72.68.110.
Effective date—2000 c 62: "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 takes effect immediately [March 22, 2000]." [ 2000 c 62 s 5.]

catchline: Transfer of incarcerated individuals.


title: RCW 72.68.015

text:
(1) In determining whether to transfer an incarcerated individual to a different facility in the state, the department shall consider whether the incarcerated individual is enrolled in a vocational or educational program, including those operated by approved outside providers, which cannot be continued at the receiving facility. The department shall work with the incarcerated individual's case manager, counselor, education navigator, or other appropriate person to attempt to meet the needs of the department and the incarcerated individual regarding transfer.
(2) Nothing in this section creates a vested right in programming, education, or other services.
[ 2021 c 200 s 6.]

catchline: Transfer of incarcerated individuals—Vocational or educational programs.


title: RCW 72.68.020

text:
(1) The secretary shall transport prisoners under supervision:
(a) To and between state correctional facilities under the jurisdiction of the secretary;
(b) From a county, city, or municipal jail to an institution mentioned in (a) of this subsection and to a county, city, or municipal jail from an institution mentioned in (a) of this subsection.
(2) The secretary may employ necessary persons for such purpose.
[ 1992 c 7 s 57; 1979 c 141 s 283; 1959 c 28 s 72.68.020. Prior: 1955 c 245 s 1. Formerly RCW 9.95.181.]
Notes:
Correctional employees: RCW 9.94.050.

catchline: Transportation of prisoners.


title: RCW 72.68.031

text:
When, in the judgment of the secretary, the welfare of any person committed to or confined in any state correctional institution or facility necessitates that such person be transferred or moved for observation, diagnosis, or treatment to any state institution or facility for the care of the mentally ill, the secretary, with the consent of the secretary of social and health services, is authorized to order and effect such move or transfer: PROVIDED, That the sentence of such person shall continue to run as if he or she remained confined in a correctional institution or facility, and that such person shall not continue so detained or confined beyond the maximum term to which he or she was sentenced: PROVIDED, FURTHER, That the secretary and the indeterminate sentence review board shall adopt and implement procedures to assure that persons so transferred shall, while detained or confined at such institution or facility for the care of the mentally ill, be provided with substantially similar opportunities for parole or early release evaluation and determination as persons detained or confined in the state correctional institutions or facilities.
[ 2012 c 117 s 499; 1981 c 136 s 115; 1972 ex.s. c 59 s 1.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Transfer or removal of person in correctional institution to institution for mentally ill.


title: RCW 72.68.032

text:
When, in the judgment of the secretary of the department of social and health services, the welfare of any person committed to or confined in any state institution or facility for the care of the mentally ill necessitates that such person be transferred or moved for observation, diagnosis, or treatment, or for different security status while being observed, diagnosed or treated to any other state institution or facility for the care of the mentally ill, the secretary of social and health services is authorized to order and effect such move or transfer.
[ 1981 c 136 s 116; 1972 ex.s. c 59 s 2.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Transfer or removal of person in institution for mentally ill to other institution.


title: RCW 72.68.035

text:
As used in RCW 72.68.031 and 72.68.032, the phrase "state institution or facility for the care of the mentally ill" shall mean any hospital, institution or facility operated and maintained by the state of Washington which has as its principal purpose the care of the mentally ill, whether such hospital, institution or facility is physically located within or outside the geographical or structural confines of a state correctional institution or facility: PROVIDED, That whether a state institution or facility for the care of the mentally ill be physically located within or outside the geographical or structural confines of a state correctional institution or facility, it shall be administered separately from the state correctional institution or facility, and in conformity with its principal purpose.
[ 1972 ex.s. c 59 s 3.]

catchline: Transfer or removal of committed or confined persons—State institution or facility for the care of the mentally ill, defined.


title: RCW 72.68.037

text:
Whenever a move or transfer is made pursuant to RCW 72.68.031 or 72.68.032, a record shall be made and the relatives, attorney, if any, and guardian, if any, of the person moved shall be notified of the move or transfer.
[ 1972 ex.s. c 59 s 4.]

catchline: Transfer or removal of committed or confined persons—Record—Notice.


title: RCW 72.68.040

text:
(1) The secretary may contract with the authorities of the federal government, or the authorities of any state of the United States, or any county or city in this state providing for the detention in an institution or jail operated by such entity, for prisoners convicted of a felony in the courts of this state and sentenced to a term of imprisonment therefor in a state correctional institution for convicted felons under the jurisdiction of the department. Except as provided in subsection (2) of this section, after the making of a contract under this section, prisoners sentenced to a term of imprisonment in a state correctional institution for convicted felons may be conveyed by the superintendent or his or her assistants to the institution or jail named in the contract. The prisoners shall be delivered to the authorities of the institution or jail, there to be confined until their sentences have expired or they are otherwise discharged by law, paroled, or until they are returned to a state correctional institution for convicted felons for further confinement.
(2) A prisoner may not be conveyed to a private correctional entity except under the circumstances identified in RCW 72.68.010(2) or 72.68.110(2).
[ 2020 c 318 s 3; 2012 c 117 s 500; 2000 c 62 s 3; 1981 c 136 s 117; 1979 c 141 s 284; 1967 c 60 s 1; 1959 c 47 s 1; 1959 c 28 s 72.68.040. Prior: 1957 c 27 s 1. Formerly RCW 9.95.184.]
Notes:
Findings—Intent—Construction—Effective date—2020 c 318: See notes following RCW 72.68.110.
Effective date—2000 c 62: See note following RCW 72.68.010.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Contracts for detention of felons convicted in this state.


title: RCW 72.68.045

text:
(1) If the secretary transfers any offender to an institution in another state after March 22, 2000, the secretary shall, prior to the transfer, review the records of victims registered with the department. If any registered victim of the offender resides: (a) In the state to which the offender is to be transferred; or (b) in close proximity to the institution to which the offender is to be transferred, the secretary shall notify the victim prior to the transfer and consider the victim's concerns about the transfer.
(2) Any victim notified under subsection (1) of this section shall also be notified of the return of the offender to a facility in Washington, prior to the return.
(3) The secretary shall develop a written policy to define "close proximity" for purposes of this section.
[ 2000 c 62 s 4.]
Notes:
Effective date—2000 c 62: See note following RCW 72.68.010.

catchline: Transfer to out-of-state institution—Notice to victims.


title: RCW 72.68.050

text:
Whenever a prisoner who is serving a sentence imposed by a court of this state is transferred from a state correctional institution for convicted felons under RCW 72.68.040 through 72.68.070, the superintendent shall send to the clerk of the court pursuant to whose order or judgment the prisoner was committed to a state correctional institution for convicted felons a notice of transfer, disclosing the name of the prisoner transferred and giving the name and location of the institution to which the prisoner was transferred. The superintendent shall keep a copy of all notices of transfer on file as a public record open to inspection; and the clerk of the court shall file with the judgment roll in the appropriate case a copy of each notice of transfer which he or she receives from the superintendent.
[ 2012 c 117 s 501; 1967 c 60 s 2; 1959 c 47 s 2; 1959 c 28 s 72.68.050. Prior: 1957 c 27 s 2. Formerly RCW 9.95.185.]

catchline: Contracts with other governmental units for detention of felons convicted in this state—Notice of transfer of prisoner.


title: RCW 72.68.060

text:
Should the presence of any prisoner confined, under authority of RCW 72.68.040 through 72.68.070, in an institution of another state or the federal government or in a county or city jail, be required in any judicial proceeding of this state, the superintendent of a state correctional institution for convicted felons or his or her assistants shall, upon being so directed by the secretary, or upon the written order of any court of competent jurisdiction, or of a judge thereof, procure such prisoner, bring him or her to the place directed in such order and hold him or her in custody subject to the further order and direction of the secretary, or of the court or of a judge thereof, until he or she is lawfully discharged from such custody. The superintendent or his or her assistants may, by direction of the secretary or of the court, or a judge thereof, deliver such prisoner into the custody of the sheriff of the county in which he or she was convicted, or may, by like order, return such prisoner to a state correctional institution for convicted felons or the institution from which he or she was taken.
[ 2012 c 117 s 502; 1979 c 141 s 285; 1967 c 60 s 3; 1959 c 47 s 3; 1959 c 28 s 72.68.060. Prior: 1957 c 27 s 3. Formerly RCW 9.95.186.]

catchline: Contracts with other governmental units for detention of felons convicted in this state—Procedure when transferred prisoner's presence required in judicial proceedings.


title: RCW 72.68.070

text:
Upon the expiration of any contract entered into under RCW 72.68.040 through 72.68.070, all prisoners of this state confined in such institution or jail shall be returned by the superintendent or his or her assistants to a state correctional institution for convicted felons of this state, or delivered to such other institution as the secretary has contracted with under RCW 72.68.040 through 72.68.070.
[ 2012 c 117 s 503; 1979 c 141 s 286; 1967 c 60 s 4; 1959 c 47 s 4; 1959 c 28 s 72.68.070. Prior: 1957 c 27 s 4. Formerly RCW 9.95.187.]

catchline: Contracts with other governmental units for detention of felons convicted in this state—Procedure regarding prisoner when contract expires.


title: RCW 72.68.075

text:
The secretary is hereby authorized to contract for the care, confinement and rehabilitation of female prisoners of other states or territories of the United States, as more specifically provided in the Western Interstate Corrections Compact, as contained in chapter 72.70 RCW as now or hereafter amended.
[ 1979 c 141 s 287; 1967 ex.s. c 122 s 12.]

catchline: Contracts with other states or territories for care, confinement or rehabilitation of female prisoners.


title: RCW 72.68.080

text:
All persons sentenced to prison by the authority of the United States or of any state or territory of the United States or federally recognized tribe may be received by the department and imprisoned in a state correctional institution as defined in RCW 72.65.010 in accordance with the sentence of the court by which they were tried. The prisoners so confined shall be subject in all respects to discipline and treatment as though committed under the laws of this state.
[ 2022 c 254 s 4; 1983 c 255 s 11; 1967 ex.s. c 122 s 10; 1959 c 28 s 72.68.080. Prior: 1951 c 135 s 1. Formerly RCW 72.08.350.]
Notes:
Finding—2022 c 254: See note following RCW 72.09.015.

catchline: Federal prisoners, or from other state or federally recognized tribe—Authority to receive.


title: RCW 72.68.090

text:
The secretary is authorized to enter into contracts with the proper officers or agencies of the United States, federally recognized tribes, and of other states and territories of the United States relative to the per diem rate to be paid the state of Washington for the conditions of the keep of each prisoner.
[ 2022 c 254 s 5; 1979 c 141 s 288; 1959 c 28 s 72.68.090. Prior: 1951 c 135 s 2. Formerly RCW 72.08.360.]
Notes:
Finding—2022 c 254: See note following RCW 72.09.015.

catchline: Federal prisoners, or from other state or federally recognized tribe—Per diem rate for keep.


title: RCW 72.68.100

text:
The secretary shall not enter into any contract for the care or commitment of any prisoner of the federal government, any federally recognized tribe, or any other state unless there is vacant space and unused facilities in state correctional facilities.
[ 2022 c 254 s 6; 1992 c 7 s 58; 1979 c 141 s 289; 1967 ex.s. c 122 s 11; 1959 c 28 s 72.68.100. Prior: 1951 c 135 s 3. Formerly RCW 72.08.370.]
Notes:
Finding—2022 c 254: See note following RCW 72.09.015.

catchline: Federal prisoners, or from other state or federally recognized tribe—Space must be available.


title: RCW 72.68.110

text:
(1) Except as provided in subsection (2) of this section and RCW 72.68.010(2), the secretary is prohibited from utilizing a contract with a private correctional entity for the transfer or placement of offenders.
(2) This section does not apply to:
(a) State work release centers, juvenile residential facilities, nonprofit community-based alternative juvenile detention facilities, or nonprofit community-based alternative adult detention facilities that provide separate care or special treatment, operated in whole or in part by for-profit contractors;
(b) Contracts for ancillary services including, but not limited to, medical services, educational services, repair and maintenance contracts, behavioral health services, or other services not directly related to the ownership, management, or operation of security services in a correctional facility; or
(c) Tribal entities.
[ 2020 c 318 s 2.]
Notes:
Findings—Intent—2020 c 318: "(1) The legislature finds that all people confined in prisons in Washington deserve basic health care, nutrition, and safety. As held in United States v. California, 921 F.3d 865, 886 (9th Cir. 2019), states possess "the general authority to ensure the health and welfare of inmates and detainees in facilities within its borders."
(2) The legislature finds that profit motives lead private prisons to cut operational costs, including the provision of food, health care, and rehabilitative services, because their primary fiduciary duty is to maximize shareholder profits. The legislature finds that this is in stark contrast to the interests of the state to ensure the health, safety, and welfare of Washingtonians.
(3) The legislature finds that people confined in for-profit prisons have experienced abuses and have been confined in dangerous and unsanitary conditions. Safety risks and abuses in private prisons at the local, state, and federal level have been consistently and repeatedly documented. The United States department of justice office of the inspector general found in 2016 that privately operated prisons "incurred more safety and security incidents per capita than comparable BOP (federal bureau of prisons) institutions." The office of inspector general additionally found that privately operated prisons had "higher rates of inmate-on-inmate and inmate-on-staff assaults, as well as higher rates of staff uses of force."
(4) The legislature finds that private prison operators have cut costs by reducing essential security and health care staffing. The sentencing project, a national research and advocacy organization, found in 2012 that private prison staff earn an average of five thousand dollars less than staff at publicly run facilities and receive almost sixty hours less training. The office of inspector general also found that people confined in private facilities often failed to receive necessary medical care and that one private prison went without a full-time physician for eight months.
(5) The legislature finds that private prisons are less accountable for what happens inside those facilities than state-run facilities, as they are not subject to the freedom of information act under 5 U.S.C. Sec. 552 or the Washington public records act under chapter 42.56 RCW.
(6) The legislature finds that at least twenty-two other states have stopped confining people in private for-profit facilities.
(7) Therefore, it is the intent of the legislature to prohibit the use of private prisons in Washington state." [ 2020 c 318 s 1.]
Construction—2020 c 318: "This act shall be construed liberally for the accomplishment of the purposes thereof." [ 2020 c 318 s 8.]
Effective date—2020 c 318: "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 takes effect immediately [April 2, 2020]." [ 2020 c 318 s 9.]

catchline: Contracts with private correctional entities prohibited—Exceptions.


title: RCW 72.70.010

text:
The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:
WESTERN INTERSTATE CORRECTIONS
COMPACT
ARTICLE I—Purpose and Policy
The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders.
ARTICLE II—Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States, or, subject to the limitation contained in Article VII, Guam.
(b) "Sending state" means a state party to this compact in which conviction was had.
(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.
(d) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.
(e) "Institution" means any prison, reformatory or other correctional facility except facilities for persons suffering from mental illness or persons with disabilities in which inmates may lawfully be confined.
ARTICLE III—Contracts
(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV—Procedures and Rights
(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V—Acts Not Reviewable In Receiving
State; Extradition
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI—Federal Aid
Any state party to this compact may accept federal aid for use in connection with an institution or program, the use of which is or may be affected by this compact or any contract pursuant thereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
ARTICLE VII—Entry Into Force
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.
ARTICLE VIII—Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX—Other Arrangements Unaffected
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE X—Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[ 2020 c 274 s 58; 1977 ex.s. c 80 s 69; 1959 c 287 s 1.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Compact enacted—Provisions.


title: RCW 72.70.020

text:
The secretary of corrections is authorized to receive or transfer an inmate as defined in Article II(d) of the Western Interstate Corrections Compact to any institution as defined in Article II(e) of the Western Interstate Corrections Compact within this state or without this state, if this state has entered into a contract or contracts for the confinement of inmates in such institutions pursuant to Article III of the Western Interstate Corrections Compact.
[ 1981 c 136 s 118; 1979 c 141 s 290; 1959 c 287 s 2.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Secretary authorized to receive or transfer inmates pursuant to contract.


title: RCW 72.70.030

text:
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
[ 1959 c 287 s 3.]

catchline: Responsibilities of courts, departments, agencies and officers.


title: RCW 72.70.040

text:
The secretary and members of the *board of prison terms and paroles are hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to Article IV(f) of the Western Interstate Corrections Compact. Additionally, the secretary and members of the *board of prison terms and paroles may hold out-of-state hearings in connection with the case of any inmate of this state confined in an institution of another state party to the Western Interstate Corrections Compact.
[ 1979 c 141 s 291; 1959 c 287 s 4.]
Notes:
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.

catchline: Hearings.


title: RCW 72.70.050

text:
The secretary of corrections is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to Article III thereof. No such contract shall be of any force or effect until approved by the attorney general.
[ 1981 c 136 s 119; 1979 c 141 s 292; 1959 c 287 s 5.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Secretary may enter into contracts.


title: RCW 72.70.060

text:
If any agreement between this state and any other state party to the Western Interstate Corrections Compact enables the release of an inmate of this state confined in an institution of another state to be released in such other state in accordance with Article IV(g) of this compact, then the secretary is authorized to provide clothing, transportation and funds to such inmate in accordance with the provisions of chapter 72.02 RCW.
[ 1983 c 3 s 186; 1979 c 141 s 293; 1959 c 287 s 6.]

catchline: Secretary may provide clothing, etc., to inmate released in another state.


title: RCW 72.70.900

text:
The provisions of this act shall be severable and if any phrase, clause, sentence, or provision of this act is declared to be unconstitutional or the applicability thereof to any state, agency, person or circumstance is held invalid, the constitutionality of this act and the applicability thereof to any other state, agency, person or circumstance shall, with respect to all severable matters, not be affected thereby. It is the legislative intent that the provisions of this act be reasonably and liberally construed.
[ 1959 c 287 s 7.]

catchline: Severability—Liberal construction—1959 c 287.


title: RCW 72.72.010

text:
The legislature finds that political subdivisions in which state institutions are located incur a disproportionate share of the criminal justice costs due to criminal behavior of the residents of such institutions. To redress this inequity, it shall be the policy of the state of Washington to reimburse political subdivisions which have incurred such costs.
[ 1979 ex.s. c 108 s 1.]

catchline: Legislative intent.


title: RCW 72.72.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Political subdivisions" means counties, cities, and towns.
(2) "Institution" means any state institution for the confinement of adult offenders committed pursuant to chapters 10.64, 10.77, and 71.06 RCW or juvenile offenders committed pursuant to chapter 13.40 RCW.
[ 1983 c 279 s 1; 1981 c 136 s 120; 1979 ex.s. c 108 s 2.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Definitions.


title: RCW 72.72.030

text:
(1) There is hereby created, in the state treasury, an institutional impact account. The secretary of children, youth, and families may reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of children, youth, and families. Such reimbursement shall be made to the extent funds are available from the institutional impact account. Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.
(2) The secretary of corrections may reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of corrections. Such reimbursement shall be made to the extent funds are available from the institutional impact account. Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.
[ 2017 3rd sp.s. c 6 s 714; 1991 sp.s. c 13 s 10; 1985 c 57 s 71; 1983 c 279 s 2; 1979 ex.s. c 108 s 3.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Institutional impact account—Reimbursement to political subdivisions—Limitations.


title: RCW 72.72.040

text:
(1) The secretary of children, youth, and families and the secretary of corrections shall each promulgate rules pursuant to chapter 34.05 RCW regarding the reimbursement process for their respective agencies.
(2) Reimbursement shall not be made if otherwise provided pursuant to other provisions of state law.
[ 2017 3rd sp.s. c 6 s 715; 1983 c 279 s 3; 1979 ex.s. c 108 s 4.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.

catchline: Reimbursement—Rules.


title: RCW 72.72.050

text:
The state shall reimburse cities and counties for their expenses incurred directly as a result of their providing personnel and material pursuant to a contingency plan adopted under RCW 72.02.150. Reimbursement to cities and counties shall be expended solely from the institutional impact account within funds available in that account. If the costs of reimbursements to cities and counties exceed available funds, the secretary of corrections shall request the legislature to appropriate sufficient funds to enable the secretary of corrections to make full reimbursement.
[ 1983 c 279 s 4; 1982 c 49 s 3.]

catchline: Disturbances at state penal facilities—Reimbursement to cities and counties for certain expenses incurred—Funding.


title: RCW 72.72.060

text:
The state shall reimburse cities and counties for their costs incurred under chapter 41.26 RCW if the costs are the direct result of physical injuries sustained in the implementation of a contingency plan adopted under RCW 72.02.150 and if reimbursement is not precluded by the following provisions: If the secretary of corrections identifies in the contingency plan the prison walls or other perimeter of the secured area, then reimbursement will not be made unless the injuries occur within the walls or other perimeter of the secured area. If the secretary of corrections does not identify prison walls or other perimeter of the secured area, then reimbursement shall not be made unless the injuries result from providing assistance, requested by the secretary of corrections or the secretary's designee, which is beyond the description of the assistance contained in the contingency plan. In no case shall reimbursement be made when the injuries result from conduct which either is not requested by the secretary of corrections or the secretary's designee, or is in violation of orders by superiors of the local law enforcement agency.
[ 1983 c 279 s 5; 1982 c 49 s 4.]
PDF
RCW 72.72.060
Disturbances at state penal facilities—Reimbursement to cities and counties for physical injury benefit costs—Limitations. (Effective June 30, 2029.)
The state shall reimburse cities and counties for their costs incurred under chapter 41.26 or 41.26A RCW if the costs are the direct result of physical injuries sustained in the implementation of a contingency plan adopted under RCW 72.02.150 and if reimbursement is not precluded by the following provisions: If the secretary of corrections identifies in the contingency plan the prison walls or other perimeter of the secured area, then reimbursement will not be made unless the injuries occur within the walls or other perimeter of the secured area. If the secretary of corrections does not identify prison walls or other perimeter of the secured area, then reimbursement shall not be made unless the injuries result from providing assistance, requested by the secretary of corrections or the secretary's designee, which is beyond the description of the assistance contained in the contingency plan. In no case shall reimbursement be made when the injuries result from conduct which either is not requested by the secretary of corrections or the secretary's designee, or is in violation of orders by superiors of the local law enforcement agency.
[ 2026 c 261 s 468; 1983 c 279 s 5; 1982 c 49 s 4.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.

catchline: Disturbances at state penal facilities—Reimbursement to cities and counties for physical injury benefit costs—Limitations. (Effective until June 30, 2029.)


title: RCW 72.74.010

text:
This chapter shall be known and may be cited as the Interstate Corrections Compact.
[ 1983 c 255 s 12.]

catchline: Short title.