Ordinance 26460006.16000
RPB : imm
11/24/87
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING
A NEW CHAPTER 2.90 TO THE EDMONDS CITY CODE, ENTITLED
"JAIL FACILITIES," WHICH ADOPTS JAIL FACILITY OPERATING
STANDARDS; CONTAINING A SEVERABILITY CLAUSE AND SETTING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edmonds,
Washington, acknowledges that a recently enacted state law
contained in Chapter 462, Laws of 1987, requires cities to adopt
jail facility operations standards to replace state standards by
January 1, 1988, and
WHEREAS, the state law also requires cities to consider
guidelines established collectively by Washington cities and
towns, and
WHEREAS, in compliance with the state law, the Association
of Washington Cities has adopted the current Corrections
Standards Board "Custodial Care Standards" contained in Chapters
289-02 and 289-14 through 24 of the Washington Administrative
Code as recommended guidelines for jail facility operations
standards, now, therefore
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. There is hereby added a new chapter 2.90 to the
Edmonds City Code, entitled "Jail Facilities," to read as
follows:
RPB004950 -1-
2.90.010. The following chapters and sections of the
Washington Administrative Code which pertain to 6-hour
"holding facilities," as defined therein, which are not
classified as advisory, including all future amendments
thereto, are hereby adopted by reference pursuant to
the requirements of Chapter 70.48 RCW, as amended by
Chapter 462, Section 17, Laws of 1987:
A) Chapter 289-02 WAC
B) Chapter 289-14 WAC
C) Chapter 289715 WAC
D) Chapter 289-16 WAC
E) Chapter 289-18 WAC
F) Chapter 289-19 WAC
G) Chapter 289-20 WAC
H) Chapter 289-24 WAC
Introduction and Definitions
Custodial Care Standards --
Administration
Custodial Care Standards --
Safety
Custodial Care Standards --
Operations
Custodial Care Standards --
Security
Custodial Care Standards --
Prisoner Conduct
Custodial Care Standards --
Health & Welfare
Custodial Care Standards --
Communications
I) WAC 289-22-100(6)(c) Counseling
J) WAC 289-22-110(3) Work Programs
Section 2. The City Clerk is hereby directed to record an
authenticated copy of WAC Chapters 289-02 and 289-14 through 289-
24 with this ordinance and to maintain not less than one copy of
such rules on file in the Office of the City Clerk for use and
examination by the public pursuant to RCW 35A.12.140.
Section 3. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
RPB00495O -2-
Section 4. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not
subject to referendum, and shall take five (5) days after passage
and publication of the attached summary which is hereby approved.
APPROVED:
ATTEST/AUTHENTICATED:
�T
TY CLERK, JACQUELINE G. PARRETT
-M-AY-QR� =I,AR4��-NA;JGHTFAi-
MAYOR PRO TEM, JACK M. WILSON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
FILED WITH THE CITY CLERK: November 25, 1987
PASSED BY THE CITY COUNCIL: December 15, 1987
PUBLISHED: December 20, 1987
EFFECTIVE DATE: December 25, 1987
ORDINANCE NO. 2646
RPB00495O -3-
Corrections Standards Board
CUSTODIAL CARE STANDARDS
FOR
HOLDING, DETENTION AND CORRECTIONAL
FACILITIES
Incorporating all Addition and Admissions Through June 1987
3
CHAPTER 289-02 WAC
INTRODUCTION AND DEFINITIONS
CHAPTER 289-14 through CHAPTER 289-24 WAC
CUSTODIAL CARE STANDARDS
(Holding, Detention and Corrections)
Chapter 289-02 WAC
INTRODUCTION AND DEFINITIONS
WAC
289 02 O10 General.
289 02 020 Definitions.
289 02 030 Classification change.
289-02 040 Classification and uses of holding facilities.
2x9 02 050 Classification and uses or special detention and work
release facilities.
WAC 289-02-010 General. The rules set forth in
this title are adopted by the state jail commission pursu-
ant to and for purposes of fulfilling the mandates of the
City and County Jails Act, chapter 70.48 RCW. [Statu-
tory Authority: RCW 70.48.050(I ). 79 07 067 (Order
2), S 289 02 010. filed 6/27/79.1
WAC 289-02-020 Definitions. The following words
and phrases shall have the meaning indicated whenever
used in this title unless a different meaning is specifi-
cally indicated.
(I ) "Clear floor space" means floor area which is un-
obstructed by any permanent fixture.
(2) "Contraband" means any substance or item not
specifically permitted by a jail administration.
(3) "Commission" or "state jail commission" refers to
the commission established pursuant to RCW 70.48.030.
(4) "Correctional facility" means a facility operated
by a governing unit primarily designed, staffed and used
for housing of adult persons serving terms not exceeding
one year for the purposes of punishment, correction, and
rehabilitation following conviction of a criminal offense.
(5) "Day room" means an area to which prisoners
have unrestricted access during all or part of a day for
leisure, dining, hygiene, or similar activities. This dcfini-
tion does not include areas specifically designed for
physical exercise.
(6) "Detention facility" mcans a facility operated by a
governing unit primarily designed, staffed and used for
the temporary housing of adult persons charged with a
criminal offense prior to trial or sentencing and for the
housing of adult persons for purposes of punishment and
correction after sentencing or persons serving terms not
to exceed ninety days.
(7) "Dormitory" mcans a secured sleeping and day
room area occupied by more than one prisoner, provided,
that the term "dormitory" shall not include a single cell
presently operated as a cell and originally designed for
single occupancy.
(8) "Governing unit" means the city and/or county or
any combination of cities and/or counties responsible for
the operation, supervision, and maintenance of a jail.
(9) "Holding facility" means a facility operated by a
governing unit primarily designed, staffed and used for
the temporary housing of adult persons charged with a
criminal offense prior to trial or sentencing and for the
temporary housing of such persons during or after trial
and/or sentencing, but in no instance shall the housing
exceed thirty days.
(10) "Jail" means any holding, detention, or correc-
tional facility as defined herein, or any farm, camp, or
work release facility established and operated in con-
junction with a jail.
(II) "Living area" includes single cells, dormitories,
day room area and leisure time activity space.
(12) "Major urban" refers to a county or combination
of counties which contains a city having a population
greater than twenty six thousand based on the 1978
projections of the office of financial management.
(13) "Medium urban" refers to a county or combina-
tion of counties which contains a city having it popula-
tion equal to or greater than ten thousand but less than
twenty—six thousand based on the 1978 projections of
the office of financial management. EF
(14) "Public records" include any writing or recording
which contains information relating to the conduct of
government or the performance of any governmental or
proprietary function prepared, owned, used, or rcl - ned
by any state or local agency regardless of its p�: deal
form or characteristics.
(15) "Rural" refers to a county or combination of
counties which does not contain a city having a popula-
tion of more than ten thousand based on the 1978 pro-
jections of the office of financial management.
(16) "Single cell" means a secured sleeping area oc-
cupied by only one prisoner, and which is physically and
visually separated from other prisoner sleeping areas on
three of its four sides.
(17) "Communicable disease" means micro --organ-
isms that arc easily transferable from one body to an-
other creating a condition which must be reported to the
health department.
(18) "Work release program" means a program of
scheduled release from the physical confines of a cite or
county jail, special detention facility or work release
center for the purpose of employment, seeking employ-
ment or school.
(19) "Work release facility" means any building or
designated portion of a building primarily designed.
staffed, and used for the housing of persons participating
in a work release program.
(20) "Special detention facility" means a minimum
security facility operated by a governing unit primarily
designed, staffed, and used for the housing of special
populations of sentenced persons who do not require the
level of security normally provided in detention and cor-
rcetional facilities including, but not necessarily limited
to, persons convicted of offenses under RCW 46.61.502
or 46.61.504.
(')/9/x(,) ICh. 289-412 N %(—P I
Chapter 289-14 WAC
CUSTODIAL CARE STANDARDS --ADMINISTRATION
WAC
289-14-005
Introduction to custodial care standards.
289-14-010
Emergency suspension of custodial care standards.
289-14-100
General administration. (Holding facilities.)
289-14-120
Training. (Holding facilities.)
289-14-130
Records. (Holding facilities.)
289-14-200
General administration. (Detention and correctional
facilities.)
289-14-210
Determination of staff positions. (Detention and cor-
rectional facilities.)
289-14-220
Training. (Detention and correctional facilities.)
289 14-230
Records. (Detention and correctional facilities.)
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS
CHAPTER
289- 14 020 Staffing. [Statutory Authority: RCW 70.48.050(I).
79--07-067 (Order 2), § 289-14-020, filed 6/27/79.1
Repealed by 81 -07 057 (Order 10), filed 3/ I8/81.
Statutory Authority: Chapter 70.48 RCW.
289 14-030 Records. [Statutory Authority: RCW 70.48.050(I).
79-07-067 (Order 2), 1 289-14-030, filed 6/27/79.1
Repealed by 81-07-057 (Order 10), filed 3/18/81.
Statutory Authority: Chapter 70.48 RCW.
WAC 289-14-005 Introduction to custodial care
standards. (1) The provisions of chapters 289-14
through 289-24 WAC incorporate custodial care stand-
ards applicable to holding, detention or correctional fa-
cilities as defined under WAC 289-02-020. Each
standard is mandatory for the classification to which it
applies unless specifically labeled as advisory or not
applicable.
(2) Within each chapter, paragraph&: numbered from
010 to 099 are introductory or definitional is nature and
apply to all jails unless otherwise noted. Paragraphs
numbered from 100 to 1.9%..apply to holding facilities.
Paragraphs numbered from 200 to 299 apply to deten-
tion and correctional facilities unless otherwise noted.
For this purpose, "holding" and "detention" and "cor-
rectional" facilities are defined as set forth in WAC
289-02-020. For purposes of the holding facility stand-
ards, a distinction is made between different maximum
time periods persons are held within such facility, in-
cluding thirty —day facility, seventy—two hour facility,
and six —hour facility.
(3) The adoption of the mandatory custodial care
standards is intended to meet minimum legal require-
ments relating to prisoner health, welfare, and security
and does not preclude the adoption of more stringent re-
quirements not in conflict with such standards by the
governing authority, chief law enforcement officer, or
department of corrections responsible for a particular
jail. [Statutory Authority: Chapter 70.48 RCW. 81-08-
014 (Order 13), § 289-14-005, filed 3/24/81. 81-07-
057 (Order 10), § 289-14-005, filed 3/ 18/81. Statutory
Authority: Chapter 70.48 RCW and 1979 Ist ex.s. c
232. 79-12-058 (Order 5), § 289-14-005, filed
1 1/28/79. Statutory Authority: RCW 70.48.050(1). 79-
07-067 (Order 2), § 289-14-005, filed 6/27/79.1
WAC 289-14-010 Emergency suspension of custo-
dial care standards. Nothing in these standards shall be
construed to deny the power of any department of cor-
rections or chief law enforcement officer to temporarily
suspend any standard herein prescribed in the event of
any emergency which threatens the safety or security of
any jail, prisoners, staff, or the public. Only such stand-
ards as are directly affected by the emergency may be
suspended and the department of corrections or chief
law enforcement officer shall notify the state jail com-
mission within three business days of such suspension:
Provided, That suspension of standards relating to over-
crowding is subject to the additional requirements of
WAC 289-15-120 and 289-15-220. [Statutory Author-
ity: Chapter 70.48 RCW. 81-07-057 (Order 10), § 289-
14-010, filed 3/ 18/81. Statutory Authority: RCW
70.48.050(I). 79-07-067 (Order 2), § 289-14-010, filed
6/27/79.]
WAC 289-14-100 General administration. (Hold-
ing facilities.) There shall be written policies and proce-
dures which shall be made available to each authorized
person who is responsible for the confinement of a pris-
oner in the facility. [Statutory Authority: Chapter 70.48
RCW. 81-08-014 (Order 13), § 289-14-100, filed
3/24/81.1
WAC 289-14-120 Training. (Holding facilities.)
(1) All authorized persons responsible for the confine-
ment of a prisoner shall receive an orientation to the po-
licies and procedures of the facility relative to their
duties. On the job training shall be provided as deemed
appropriate by the chief law enforcement officer.
(2) All jail staff whose primary responsibility is the
supervision of prisoners shall successfully complete the
Washington state criminal justice training commission
basic correctional academy within the first year of their
employment unless such training has already been re-
ceived. (30 day) (Not applicable — 72 hour, 6 hour.)
[Statutory Authority: Chapter 70.48 RCW. 81-08-014
(Order 13), § 289-14-120, filed 3/24/81.1
WAC 289-14-130 Records. (Ht ldit facilities.)
(1) Confidentiality. All holding facility personnel shall
be advised of the statutory provisions for confidentiality
of jail records under RCW 70.48.100(2).
(2) Individual prisoner records.
(a) An individual file or record shall be kept for each
prisoner.
(3/24/81) [Ch. 289-14 WAC—p 11
Custodial Care Standards —Administration
289-14-230
(2) Confidentiality. All jail facility personnel shall be
advised of the statutory provisions for confidentiality of
jail records under RCW 70.48.100(2).
(3) Individual prisoner records. The information re-
quired by the booking and release form provided by the
commission shall be obtained for each booking and re-
lease. Such information as prescribed by the commission
will be retained in written form or within computer re-
cords. Other information retained in each prisoner's jail
record shall include, but not be limited to, court orders,
personal property receipts, infraction reports, reports of
disciplinary actions and/or unusual occurrences, and, in
case of death, disposition of prisoner's property and
remains.
(a) Medical. Health care records shall be maintained
separately in accordance with WAC 289-20-250 to the
extent necessary to maintain their confidentiality.
(b) Prisoner access. Each prisoner shall be permitted
reasonable access to his jail record, or reasonable access
to information contained therein. Provided that such ac-
cess may be limited only on substantial grounds of insti-
tutional security.
(c) Transfer. When a prisoner is transferred to an-
other facility, copies or summaries of all health records
shall be transferred to the receiving facility, provided
that the requirements of WAC 289-20-250 regarding
confidentiality are followed. Applicable court orders
shall be transferred. Summaries or copies of disciplinary
records shall be transferred where such information may
serve a substantial governmental interest in the safety or
security of the receiving institution.
(4) Population reports. Each jail shall complete and
submit monthly reports on its population on forms pro-
vided by the jail commission.
(5) Population accounting. Each jail should, in addi-
tion, maintain an ongoing and a permanent accounting
of its population by its own confinement categories, lo-
cation, or classification within the jail. WAC 289-14-
230(5) ADVISORY.
(6) Jail register. Each jail shall maintain an accurate
jail register as required by RCW 70.48.100.
(7) Infraction and disciplinary. Each department of
corrections or chief law enforcement officer shall main-
tain a written record of all incidents which result in
substantial property damage or bodily harm, or serious
threat of substantial property damage or bodily harm.
Major infraction reports and disciplinary actions under
chapter 289-16 WAC shall become part of the prison-
er's jail record.
(8) Incidents and emergencies. All serious incidents
and emergencies shall be recorded on forms provided by
the commission. For purposes of this section, the term
"serious incidents and emergencies" includes, but is not
limited to any death which occurs within a jail, at-
tempted suicides, epidemics, completed escapes, any
completed assault upon staff or prisoners, serious fires,
flooding or other natural disasters or riots.
(9) Incident reports. An incident report on any death,
completed escape, or serious fire shall be submitted to
the jail commission on the form provided by the com-
mission. All such incident reports for a given month
shall be submitted on a monthly basis with the monthly
population accounting form. A copy of all incident re-
ports shall be retained at the jail.
(10) Activity log. All jails should keep a log of daily
activity within the facility for future accountability.
WAC 289-14-230(10) ADvISORY.
(11) Personnel training. Training records shall be
maintained for each staff member employed by a deten-
tion or correctional facility.
(12) Personnel performance. Performance records
should be maintained for each staff member employed
by a detention or correctional facility. WAC 289-14-
230(12) ADVISORY. [Statutory Authority: Chapter 70.48
RCW. 81-07-057 (Order 10), § 289-14-230, filed
3/ 18/81.1
N.
(3/24/81)
lcti. zas-u WAC-v 31
Chapter 289-15 WAC
CUSTODIAL CARE STANDARDS --SAFETY
WAC
289-15-100
Emergency procedures. (Holding facilities.)
289-15-110
Fire prevcntion and suppression. (Holding facilities.)
289-15-120
Overcrowding. (Holding facilities.)
289-15-130
Use of force. (Holding facilities.)
289-15-200
Emergency procedures. (Detention and correctional
facilities.)
289-15-210
Fire prevention and suppression. (Detention and cor-
rectional facilities.)
289-15-220
Overcrowding. (Detention and correctional facilities.)
289-15-225
Maximum capacities.
289-15-230
Use of force. (Detention and correctional facility.)
WAC 289-15-100 Emergency procedures. (HoW
ing facilities.) ( I ) The department of corrections or chief
law enforcement officer shall establish and maintain
written emergency procedures as appropriate for the
specific facility.
(2) The emergency plan shall outline the responsibili-
ties of jail facility staff, evacuation procedures, and sub-
sequent disposition of the prisoners after removal from
the area or facility.
(3) Emergency plans shall always be available to the
authorized person in charge of the jail.
(4) All personnel should be trained in the emergency
procedures. WAC 289-15-100(4) ADVISORY. [Statutory
Authority: Chapter 70.48 RCW. 81-08-014 (Order 13),
§ 289-15-100, filed 3/24/81.]
WAC 289-15—I10 Fire prevention and suppression.
(Hold tg facilities.) The department of corrections or
chief law enforcement officer shall establish and main-
tain a written fire prevention, suppression, and evacua-
tion plan. [Statutory Authority: Chapter 70.48 RCW.
81-08-014 (Order 13), § 289-15-110, filed 3/24/81.1
WAC 289-15-120 Overcrowding. (Holding facili-
ties.) No prisoner shall be required to sleep'tm • mattress
on the floor in excess of seventy—two hours, or directly
on the floor for any period of time, unless there are rea-
sonable grounds to believe that such provisions are nec-
essary to prevent the prisoner from damaging property,
inflicting bodily harm to himself or others, or substan-
tially compromising the security of the jail. [Statutory
Authority: Chapter 70.48 RCW. 81-08-014 (Order 13),
§ 289-15-120, filed 3/24/81.1
WAC 289-15-130 Use of force. (liddAg facili-
ties.) (I) The department of corrections or chief law en-
forcement officer shall establish and maintain written
policies and procedures regarding the use of force and
the use of deadly force, which shall be consistent with
this section.
(2) Only lawful and reasonable force to the person of
a prisoner shall be used.'
(3) Deadly force shall not be used on a prisoner unless
the person applying the deadly force reasonably believes
that the prisoner poses an immediate threat of death or
grievous physical injury to an officer or employee of a
jail or any other person, or to prevent the escape of a
prisoner arrested for a felony, and the officer reasonably
believes that other reasonable and available alternatives
would be ineffective.
(4) A written report on the use of force or deadly
force shall be made. In the case of deadly force a written
report shall be made by each staff member involved or
observing the use of such deadly force. The report(s) on
the use of deadly force shall be reviewed by the chief
law enforcement officer or department of corrections or
his designee who shall, if appropriate, investigate the in-
cident further and make a determination whether ap-
propriate, justified or reasonable force was used. Said
determination shall be made a matter of record.
(5) The "carotid sleeper hold" means any hold or re-
straint specifically designed to inhibit blood flow
through the carotid arteries of the neck without inhibi-
ting breathing by compression of the airway in the neck
and without compression of the larynx or trachea. The
carotid sleeper hold shall be considered to be deadly
force.
(6) The "choke hold" means any hold or restraint
specifically designed to inhibit breathing by compression
of the airway in the neck. The choke hold shall be con-
sidered to be deadly force.
(7) The carotid sleeper hold generally presents less
danger of causing serious injury or death than the choke
hold and therefore is generally preferred over the choke
hold in situations where such holds are permissible.
(8) No neck hold shall be used, except by persons in-
structed in the dangers of the neck holds, its definition
as deadly force, and the proper use and constraints of
the carotid sleeper hold, by someone specifically trained
in the use and dangers of neck holds. Refresher training
shall be provided on at least an annual basis.
(9) Medical attention shall be administered to the
prisoner by a qualified medical professional as soon as
possible after the use of the carotid sleeper hold or the
choke hold. [Statutory Authority: RCW 70.48.050
(3)(c). 84-16--042 (Order 84-02), § 289-15-130, filed
7/27/84. Statutory Authority: Chapter 70.48 RCW.
81-08-014 (Order 13), § 289-15-130, filed 3/24/81.1
WAC 289-15-200 Emergency procedures. (Deten-
tion and correctional facilities.) (1) The department of
corrections or the chief law enforcement officer shall
formulate written emergency procedures relative to es-
capes, riots, rebellions, assaults, injuries, suicides or at-
tempted suicides, outbreak of infectious disease, fire,
acts of nature, and any other type of major disaster or
(12/12/84)
(Cb. 289- I S W AC—p 11
Custodial Care Standards --Safety
289-15-230
fundable capacity set by the commission. Such maxi-
mum capacity shall be based upon the physical plant
standards set forth in chapter 289-12 WAC.
(5) Overcrowding. (a) The maximum capacity may
only be exceeded to the extent that the average daily
population for any calendar month does not exceed the
established maximum capacity.
(b) Any holding of prisoners beyond the established
maximum capacity in a given calendar month, shall be
reported by mailing the monthly population accounting
form to the director by the department of corrections or
chief law enforcement officer within the first five busi-
ness days following the month. Each such case [or] [on
overcrowding shall be referred to the commission for
possible enforcement action under chapter 289-30
WAC.
(c) Any report of conditions of overcrowding required
under this section shall be considered as a notice of an
emergency suspension of standards within the meaning
of WAC 289-14-010.
(d) An emergency suspension of the overcrowding
standard established under this section must be approved
by the director.
(e) No emergency suspension of the standards relative
to established maximum capacities within any calendar
month shall be approved except when the following con-
ditions are met:
(i) Any related suspension of other custodial care
standards is also specifically approved;
(ii) All existing diversion programs have been fully
utilized;
(iii) All prisoners being held for other jurisdictions
have been transferred to those jurisdictions to the extent
possible;
(iv) All facilities within adjacent counties have been
utilized to the fullest extent reasonably practical and
permissible by their classifications; and
(v) The jurisdiction provides the commission within 45
days with a plan setting forth alternatives to incarcera-
tion which will be examined and implemented.
(f) Each department of corrections or chief law en-
forcement officer shall establish, with the cooperation of
the presiding judge of the superior court, a procedure for
release of prisoners before the end of their term when
overcrowding occurs as herein defined.
(g) In the event of overcrowding caused in part by the
existence of state prisoners, the director shall contact the
state department of corrections in an effort to have such
prisoners removed.
(h) In the event of overcrowding caused in part by the
existence of federal prisoners, the director shall contact
the appropriate federal agency in an effort to have such
prisoners removed. (Statutory Authority: Chapter 70.48
RCW. 82-01491 (Order 21), § 289-15-220, filed
12/22/81; 81-08-001 (Order 12), § 289-15-220, filed
3/19/81.1
Reviser's note: RCW 34.04.058 requires the use of underlining and
deletion marks to indicate amendments to existing rules, and deems
ineffectual changes not filed by the agency in this manner. The brack-
eted material in the above section does not appear to conform to the
statutory requirement.
WAC 289-15-225 Maximum capacities. Pursuant
to WAC 289-15-220, the maximum capacity of each
detention and correctional facility within the state of
Washington is established at the figure indicated below.
Detention Facilities Correctional Facilities
Auburn (22) Benton County (109)
Bremerton (23) Chelan County (117)
Forks (11) Clallam County (102)
Issaquah (6) Clark County (300)
Olympia (temporary) (19) Cowlitz County (91)
Stevens County (22) Ferry County (22)
Franklin County (76)
Grant County (54)
Grays Harbor County (74)
Island County (29)
Jefferson County (18)
Kent (20)
King County (1038)
Kitsap County (103)
Kitsap County Work Release (42)
Kittitas County (45)
Klickitat County (30)
Lewis County (62)
Lincoln County (8)
Mason County (34)
Okanogan County (67)
Pacific County (14)
Pend Oreille County (18)
Pierce County (359)
Skagit County (83)
Skamania County (17)
Snohomish County (116)
Snohomish County Work
Release (60)
Spokane County (352)
Thurston County (94)
Walla Walla County (44)
Whatcom County (82)
Whitman County (34)
Yakima County (274)
[Statutory Authority: RCW 70.48.050 (1)(a) and 70-
.48.070. 85-01-034 (Resolution No. 84-52), § 289-15-
225, filed 12/12/84. Statutory Authority: RCW 70.48-
.050 (1)(c). 84-16-041 (Order 84-01), § 289-15-225,
Filed 7/27/84. Statutory Authority: RCW 70.48.050
(1)(a) and 70.48.070(4). 83-20-092 (Order 34), § 289-
15-225, filed 10/5/83; 83-04-004 (Order 32), § 289-
15-225, filed 1/21/83; 82-11-070 (Order 28), § 289-
15-225, filed 5/ 17/82.1
WAC 289-15-230 Use of force. (Detention and
correctional facility.) (1) The department of corrections
or chief law enforcement officer shall establish and
maintain written policies and procedures regarding the
use of force and the use of deadly force, which shall be
consistent with this section.
(2) Only lawful and reasonable force to the person of
a prisoner shall be used.
(3) Deadly force shall not be used on a prisoner unless
the person applying the deadly force reasonably believes
that the prisoner poses an immediate threat of death or
grievous physical injury to an officer or employee of a
jail or any other person, or to prevent the escape of a
prisoner arrested for a felony, and that the officer rea-
sonably believes that other reasonable and available al-
ternatives would be ineffective.
(12/ 12/84) [CIL 289-15 WAC—p 31
Chapter 289-16 WAC
CUSTODIAL CARE STANDARDS --OPERATIONS
WAC
289-I6-100
Admissions. (Holding facilities.)
289-16-110
Preclassification procedures. (Holding facilities.)
289-16-120
Orientation. (Holding facilities.)
289-16-130
Classification/segregation. (Holding facilities.)
289-16-140
Good time. (Holding facilities.)
289-16-150
Release and transfer. (Holding facilities.).
289-16-160
Transportation. (Holding facilities.)
289-16-200
Admissions. (Detention and correctional facilities.)
289-16-210
Preclassification procedures. (Detention and correc-
tional facilities.)
289-16-220
Orientation. (Detention and correctional facilities.)
289-16-230
Classification/segrcgation. (Detention and correc-
tional facilities.)
289-16-240
Good time. (Detention and correctional facilities.)
289-16-250
Release and transfer. (Detention and correctional
facilities.)
289-16-260
Transportation. (Detention and correctional
facilities.)
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS
CHAPTER
289-16-010 Admissions. (Statutory Authority: RCW
70.48.050(I). 79-07-067 (Order 2), 1 289-16-010,
Filed 6/27/79.1 Repealed by 81-07-057 (Order 10),
filed 3/18/81. Statutory Authority: Chapter 70.48
RCW.
289-16420 Classification/segregation. [Statutory Authority:
RCW 70.48.050(1). 79-07-067 (Order 2), 1 289-16-
020, filed 6/27/79.1 Repealed by 81-07-057 (Order
10), filed 3/18/81. Statutory Authority: Chapter 70-
.48 RCW.
289-16-030 Release and transfer. [Statutory Authority: RCW
70.48.050(I). 79-07-067 (Order 2), 1 289-16-030,
filed 6/27/79.) Repealed by 81-07-057 (Order 10),
filed 3/18/81. Statutory Authority: Chapter 70.48
RCW.
289-16-W Transportation. [Statutory Authority: RCW
70.48.050(I ). 79-07-067 (Order 2), 1 289-16-040,
filed 6/27/79.1 Repealed by 81-07-057 (Order 10).
filed 3/18/81. Statutory Authority: Chapter 70.48
RCW.
WAC 289-16-100 Admissions. (ItoW S Wilities.)
(1) Authorized confinement. No prisoner shall be con-
fined without proper legal authority.
(2) Telephone. Each prisoner, within a reasonable pe-
riod of time after completion of booking, shall be ad-
vised of his right to, and be allowed to complete, at least
two local or collect calls to persons of his choice who
may be able to come to his assistance. If the prisoner
chooses not to place the calls allowed, this information
shall be noted on the booking form: Provided, That ap-
propriate protection of access to an attorney shall be
maintained for prisoners without funds.
(3) Language problems. Reasonable provisions for
communication with non—English speaking, handicapped
and illiterate prisoners shall be provided.
(4) Booking process. The booking process shall be
completed promptly unless extenuating circumstances
necessitate delay.
(5) Search/examination, when allowed.
(a) The department of corrections or chief law en-
forcement officer shall establish and maintain written
policies and procedures regarding pat searches, strip
searches, and body cavity searches, which shall be con-
sistent with this section.
(b) Each prisoner shall be searched for contraband in
a manner consistent with this subsection and written po-
licies and procedures established thereunder, as neces-
sary to protect the safety of prisoners, staff, and
institutional security.
(c) No strip search shall be conducted except pursu-
ant to the written policies and procedures required by
(a) of this subsection.
(d) No strip search shall be conducted prior to the
prisoner's first court appearance unless there is reason-
able suspicion that the person has on his or her person
evidence of a crime, contraband, fruits of a crimewthings
otherwise criminally possessed, a weapon, or other things
by means of which a crime has been or reasonably ap-
pears about to be committed. Reasonable suspicion shall
be deemed to be present when a prisoner has been ar-
rested for:
(i) A violent offense as defined in RCW
9.94A.030(17) or any successor statute;
(ii) An offense involving escape, burglary, or the use
of a deadly weapon; or
(iii) An offense involving possession of a drug or con-
trolled substance under chapter 69.50 RCW or any suc-
cessor statute.
No strip search shall be authorized or conducted in
these cases unless a thorough pat —down search, a thor-
ough electronic metal -detector search, and a thorough
clothing search, where appropriate, do not satisfy the
safety, security or evidentiary concerns of the jail.
(e) A written record or records of any strip search
shall be maintained in the individual file of each person
strip searched, which record(s) shall contain the follow-
ing information:
(i) The name and serial number of the officer con-
ducting the strip search and of all others present or ob-
serving any part of the strip search;
(ii) The time, date, and place of the strip search; and
(iii) Any weapons, criminal evidence, other contra-
band, or health condition discovered as a result of the
strip search.
Except where reasonable suspicion is deemed present
because of the nature of the arrest offense, this report or
these reports shall also contain:
(iv) The name of the supervisor authorizing the strip
search; and
(v) The specific facts constituting reasonable suspicion
to believe the strip search was necessary.
(12/12/84) [Ch. 289-16 WAC—p 11
Custodial Care Standards —Operations
289-16-200
WAC 289-16-120 Orientation. (Holding facilities.)
As soon as reasonable after booking, the prisoner shall
be advised of any facility rules and regulations. His
questions shall be answered. [Statutory Authority:
Chapter 70.48 RCW. 81-08-014 (Order 13), § 289-16-
120, tiled 3/24/81.1
WAC 289-16-130 Classification/segregation.
(Holding facilities.) (1) Classification procedures. Writ-
ten classification procedures shall be included in the po-
licies and procedures.
(2) Classification. The department of corrections or
chief law enforcement officer, or his designee, shall be
responsible for classification in accordance with written
procedures.
(3) Classification training. At least one staff person
per shift shall be trained in the facility's classification
procedures and shall be responsible for classification. (30
day, 72 hour) (Not applicable - 6 hour)
(4) Classification criteria. To the extent possible in
the available physical plant, the following classification
criteria shall be used. If (4)(a) through (d) cannot be
enforced, arrangements shall be made to immediately
transfer the prisoners involved to another facility which
can segregate and supervise them.
(a) The primary criteria for classification shall be
safety of the prisoner and the security of the institution.
(b) Juvenile.
(i) No juvenile shall be held in a jail without sight and
sound separation from adult prisoners. For purposes of
this standard, a juvenile is a person under the chrono-
logical age of eighteen, who has not been transferred
previously to adult courts: Provided, That no person un-
der the chronological age of sixteen shall be held in a
jail or holding facility for adults: Provided further, That
this standard does not preclude or prohibit the housing
of remanded pretrial prisoners under the chronological
age of eighteen within juvenile detention facilities rather
than city or county adult detention facilities. A juvenile
shall not be considered "transferred previously to adult
court" unless a juvenile court has held a hearing under
RCW 13.40.1 10 or successor statute and ordered the ju-
venile transferred for adult criminal prosecution. The
exercise of jurisdiction by a limited -jurisdiction court in
traffic, fish, boating, or game offenses or infractions
pursuant to RCW 13.04.030 (6)(c) or successor statute
does not constitute a "transfer."
(ii) A juvenile shall not be confined in a jail or hold-
ing facility for adults, except:
(A) For a period not exceeding twenty-four hours ex-
cluding weekends and holidays and only for the purpose
of an initial court appearance in a county where no ju-
venile detention facility is available, a juvenile may be
held in an adult facility provided that the confinement is
separate from the sight and sound of adult inmates, or
(B) For not more than six hours and pursuant to a
lawful detention in the course of an investigation, a ju-
venile may be held in an adult facility provided that the
confinement is separate from the sight and sound of
adult inmates.
(c) Females shall be segregated from visual and phys-
ical contact with male prisoners except under continual
supervision of a staff person.
(d) Special problem prisoners who endanger the
health or safety of other prisoners (or themselves) shall
be segregated and closely supervised.
(e) Prisoners on work release and weekend confine-
ment programs, and any other prisoners who have regu-
lar contact outside the jail should be segregated from
other prisoner categories (30 day, 72 hour). WAC 289-
16-130 (4)(e) ADVISORY (Not applicable - 6 hour)
(f) Factors to be considered in classification shall in-
clude, but are not limited to, age, type of crime, pretrial
versus post trial status, and offender sophistication.
[Statutory Authority: 1985 c 50. 85-18-025 (Order 86-
03), § 289-16-130, filed 8/27/85. Statutory Authority:
Chapter 70.48 RCW. 81-08414 (Order 13), § 289-16-
130, filed 3/24/81.1
WAC 289-16-140 Go* tune. (HoiWag facilities.)
The director of the department of corrections or the
chief law enforcement officer should develop written po-
licies regarding time off for good behavior. Such policies
should insure that good time, when authorized by sen-
tencing courts, is given on a consistent basis, and in ac-
cordance with RCW 70.48.210 and 9.92.150. (3& day)
WAC 289-16-140 ADVISORY (Not applicable - 72 hour,
6 hour.) [Statutory Authority: Chapter 70.48 RCW, 81-
08-014 (Order 13), § 289-16-140, filed 3/24/81.1
WAC 289-16-150 Release ud traaafer. (Holding
facilities.) (1) Release.
(a) The releasing officer shall determine prisoner
identity and ascertain that there is legal authority for
the release.
(b) The information required on the release forms
shall be recorded for each prisoner released from the fa-
cility (30 day, 72 hour). (Not applicable - 6 hour)
(c) All prisoners being released shall sign a witnessed
receipt for personal property returned.
(2) Transfer. In addition to the release procedures
designated above, the releasing officer shall determine
that the receiving unit or person has the authority to ac-
cept custody. [Statutory Authority: Chapter 70.48
RCW. 81-08-014 (Order 13), § 289-16-150. filed
3/24/81.1
WAC 289-16-160 Transpoctatiwr. (Holding facili-
ties.) When jail facility staff are responsible for prisoner
transportation and when the prisoner is still in the cus-
tody and under the supervision of the jail, the depart-
ment of corrections or chief law enforcement officer
shall develop and maintain written instructions which
insure the safety of the prisoners and staff. [Statutory
Authority: Chapter 70.48 RCW. 81-08-014 (Order 13).
§ 289-16-160, filed 3/24/81.]
WAC 289-16-200 Admissions. (Detention and
correctional facilities.) (1) General.
(8/27/85)
ICi. 299-16 WAC-p 31
Custodial Care Standards --Operations
289-16-220
(e) Persons conducting a strip search or body cavity
search shall not touch the person being searched except
as reasonably necessary to effectuate the search of the
person.
(4) Body cavity searches. The following additional
provisions shall apply to body cavity searches:
(a) A body cavity search may be conducted only pur-
suant to subsection (2)(e) of this section. Any body cav-
ity search shall be performed under sanitary conditions
and conducted by a physician, registered nurse, or regis-
tered physician's assistant, licensed to practice in this
state, who is trained in the proper medical process and
the potential health problems associated with a body
cavity search.
(b) When a body cavity search is conducted by a li-
censed medical professional of the opposite sex, an ob-
server of the same sex as the prisoner should be present.
WAC 289-16-200 (4)(b) ADVISORY.
(c) Nothing in this section prohibits a person upon
whom a body cavity search is to be performed from
having a readily available person of his or her choosing
present at the time the search is conducted. However,
the person chosen shall not be a person being held in
custody by a law enforcement agency.
(d) The officer requesting the body cavity search shall
prepare and sign a report, which shall include:
(i) A copy of the warrant and any supporting docu-
ments required;
(ii) The name and sex of all persons conducting or
observing the search;
(iii) The time, date, place, and description of the
search; and
(iv) A statement of the results of the search and a list
of any items removed from the person as a result of the
search.
The report shall be retained as part of the agency's
records.
(5) All physical markings and 'health tag" identifica-
tions shall be recorded and made available to the appro-
priate jail employees and the medical professionals
responsible for care of the prisoner under chapter 289-
20 WAC.
(6) Particularly when force has been used during ar-
rest, all visible injuries should be photographed. WAC
289-16-200(6) ADVISORY.
(7) Body vermin. Any person with body vermin shall
be treated appropriately in accordance with chapter
289-20 WAC.
(8) Medical complaints. Complaints of illness or in-
jury expressed or observed during booking shall be
checked promptly in accordance with the medical proce-
dure established under WAC 289-20-220.
(9) Communicable diseases. A prisoner suspected of
having a communicable disease as defined in WAC 289-
02-020(17) shall be isolated without delay. Arrange-
ments shall be made for his immediate transfer to a fa-
cility equipped to handle the suspected disease, unless
the admitting facility can safely and effectively segre-
gate and maintain the medically prescribed treatment.
(10) Personal property. The admitting officer shall
record and store the prisoner's personal property and is-
sue the prisoner a witnessed receipt.
(1 1) Prisoner weight. Each prisoner's weight should
be measured and recorded upon admission. WAC 289-
16-200(I 1) ADVISORY.
(12) Photographs and fingerprints.
(a) Front and side —view identification photographs of
each prisoner should stipulate the arresting agency or
the booking agency and the date of arrest or the date of
the photograph. WAC 289-16-200 (12)(a) ADVISORY.
(b) Copies of fingerprints shall be forwarded to the
proper state and federal authorities.
(13) Issuances.
(a) Each jail should establish its own policy on pris-
oners' use of personal clothing or jail uniforms. WAC
289-16-200 (13)(a) ADVISORY.
(b) At a reasonable time after the completion of
booking, each prisoner shall be issued clean bedding, as
well as such personal care items as required under WAC
289-20-280.
(c) Upon prisoner request, a reasonable supply of
writing material shall be furnished. [Statutory Author-
ity: RCW 10.79.060 — 10.79.110. 85-01-032 (Resolu-
tion No. 84-51), § 289-16-200, filed 12/ 12/84.
Statutory Authority: Chapter 70.48 RCW. 81-09-057
(Order 10), § 289-16-200, filed 3/ 18/81.1
WAC 289-16-210 Preclassification procedures.
(Detention and correctional facilities.) (1) Prior to classi-
fication, reasonable precautions shall be taken to insure
the safety and welfare of prisoners and the security of
the institution.
(2) Prisoners who, upon screening, appear to have se-
rious and potentially dangerous problems with drugs, in-
cluding alcohol, or signs of serious mental illness, shall
be closely observed. Persons qualified and trained to
evaluate such prisoners shall be contacted without delay.
(3) Any prisoner suspected of being assaultive shall be
housed separately prior to classification except where
continual direct observation is maintained.
(4) No prisoner known or suspected to be a danger to
himself may be housed alone without continual direct
observation. [Statutory Authority: Chapter 70.48 RCW.
81-07-057 (Order 10), § 289-16-210, filed 3/18/81.1
WAC 289-16-220 Orientation. (Detention and
correctional facilities.) (1) As soon after booking as pos-
sible each prisoner shall receive an oral or written orien-
tation, consistent with the provisions of WAC 289-16-
200 (1)(f). The orientation shall provide information
regarding the prisoner's confinement including, but not
limited to:
(a) Rules of prisoner conduct; including possible dis-
ciplinary sanctions, as provided in WAC 289-19-210;
(b) Procedures and conditions regarding classification
and reclassification, as provided in WAC 289-16-230;
(c) Staff expectations of prisoner responsibilities, in-
cluding if applicable, cleaning of prisoner living areas;
(d) Prisoner rights and privileges;
(8/27/85) [CY. 289-16 WAC-p 51
Custodial Care Standards --Operations 289-16-260
develop written policies regarding time off for good be-
havior. Such policies should insure that good time when
authorized by sentencing courts, is given on a consistent
basis, and in accordance with RCW 70.48,210 and 9.92-
.150. ADVISORY. [Statutory Authority: Chapter 70.48
RCW. 81-07-057 (Order 10), § 289-16-240, filed
3/18/81.1
WAC 289-16-250 Release and transfer. (Detention
and correctional facilities.) (1) Release.
(a) The releasing officer shall positively determine
prisoner identity and ascertain that there is legal au-
thority for the release.
(b) The information required on the release forms
provided by the commission shall be recorded for each
prisoner released from the facility.
(c) All prisoners being released shall sign a witnessed
receipt for personal property returned.
(d) Each prisoner discharged should receive a visual
body check to detect changes from his admitting physi-
cal record. WAC 289-16-250 (1)(d) ADVISORY.
(2) Transfer. In addition to the release procedures
designated above, the releasing officer shall determine
that the receiving unit or person has the authority to ac-
cept custody. [Statutory Authority: Chapter 70.48
RCW. 81-07-057 (Order 10), § 289—I6-250, filed
3/ 18/81.]
WAC 289-16-260 Transportation. (Detention and
correctional facilities.) When jail facility staff are re-
sponsible for prisoner transportation and when the pris-
oner is still in the custody and under the supervision of
the jail, the department of corrections or the chief law
enforcement officer of each detention and correctional
facility shall develop and maintain written instructions
which insure the safety of the prisoners and staff shall
be maintained. [Statutory Authority: Chapter 70.48
RCW. 81-07-057 (Order 10), § 289-16-260, filed
3/18/81.1
GF
(8/27/85)
(Ch. 289-16 WAC-p 71
Chapter 289-18 WAC
CUSTODIAL CARE STANDARDS --SECURITY
WAC
289-18-100
Staffing. (Holding facilities.)
289-18-110
Supervision and surveillance. (Holding facilities.)
289-18-120
Critical articles. (Holding facilities.)
289-18-200
Staffing. (Detention and correctional facilities.)
289-I8-210
Supervision and surveillance. (Detention and correc-
tional facilities.)
289-18-220
Critical articles. (Detention and correctional
facilities.)
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS
CHAPTER
289-18-010
Supervision and surveillance. [Statutory Authority:
RCW 70.48.050(I). 79-07-067 (Order 2), 1 289-18-
010, filed 6/27/79.1 Repealed by 81-07-057 (Order
10), filed 3/18/81. Statutory Authority: Chapter 70-
.48 RCW.
289-18-020
Critical articles. [Statutory Authority: RCW
70.48.050(I ). 79-07-067 (Order 2), 1 289-I 8-020,
filed 6/27/79.1 Repealed by 81-07-057 (Order 10),
filed 3/18/81. Statutory Authority: Chapter 70.48
RCW.
289-18-030
Emergency procedures. (Statutory Authority: RCW
70.48.050(I). 79-07-067 (Order 2), J 289-18-030,
filed 6/27/79.1 Repealed by 81-07-057 (Order 10),
filed 3/18/81. Statutory Authority: Chapter 70.48
RCW.
289-18-W
Emergency suspension of custodial care standards.
[Statutory Authority: RCW 70.48.050(1). 79-07-067
(Order 2), 1 289-18-M, filed 6/27/79.1 Repealed
by 8147-057 (Order 10). riled 3/18/81. Statutory
Authority: Chapter 70.48 RCW.
289-18-050
Discipline. (Statutory Authority: RCW 70.48.050(1).
79-07-067 (Order 2), 1 289-18-050, filed 6/27/79.1
Repealed by 81-07-057 (Order 10), filed 3/18/81.
Statutory Authority: Chapter 70.48 RCW.
WAC 289-18-100 Staff c.- (HoUbW facilities.)
( l ) General staffing. At all times at least one staff
member shall be awake, alert, and directly responsible
for supervision and surveillance: Provided, That this sec-
tion does not require the presence of such staff when no
prisoners are being housed or booked in the facility.
(2) Same sex staffing. A jail staff member of the
same sex as the prisoner shall be available in a reason-
able time for all custodial activities which involve inti-
mate physical contact or activities which are commonly
afforded reasonable protection against opposite sex ob-
servation or supervision except where the health, safety,
and security of the individual or the staff member would
be jeopardized: Provided, That personal observation of
prisoners for this or other sections of these standards
may be by opposite sex staff so long as opposite sex pri-
vacy concerns are given appropriate protection.
(3) Surveillance.
(a) There shall be continual sight and/or sound sur-
veillance of all prisoners.
(b) Such surveillance may be by remote means, pro-
vided there is the ability of staff to respond face—to—face
to any prisoner within three minutes: Provided, That
special problem prisoners are subject to the more strin-
gent personal observation and supervision requirements
of other sections.
(c) Each prisoner shall be personally observed by staff
at various times. All prisoner checks shall be recorded in
writing and retained in the jail records.
(d) In the absence of unusual behavior or other con-
cerns for prisoner security and health, personal observa-
tion of prisoners by staff may be reduced to, but should
not be less frequent than, at least once within every sixty
minute period. WAC 289-18-100 (3)(d) ADVISORY.
[Statutory Authority: Chapter 70.48 RCW. 81-08-014
(Order 13), § 289-18-100, filed 3/24/81.)
WAC 289-18-110 Supervision anif- stmeillance.
(HoWiag facilities.) (1) Prisoner identification. All hold-
ing facilities shall establish a means of identifying
prisoners.
(2) Perimeter security. Perimeter security shall be
maintained within existing physical plant limitations.
(3) Security devices. Minimum necessary security de-
vices shall be maintained in proper working condition at
all times.
(4) Prisoner authority. No prisoner shall be permitted
to have authority over other prisoners.
(5) Prisoner counts. A system should be maintained
for taking and recording prisoner counts as necessary.
WAC 289-18-110(5) ADVISORY
(6) Contraband control. All holding facilities shall es-
tablish and maintain a written procedure regarding
searches of prisoners, visitors, and the facility to prevent
the introduction of contraband. All jails which permit
visiting shall post a sign displaying the penalty for the
introduction of contraband. (RCW 9A.76.010, 9A.76-
.140, 9A.76.150, 9A.76.160.) [Statutory Authority:
Chapter 70.48 RCW. 81-08- 014 (Order 13), § 289-18-
110, filed 3/24/81.]
WAC 289-18-120 Critical afdcks. (H M"g facil-
ities.) (1) All holding facilities shall establish written
procedures to insure that weapons shall be inaccessible
to prisoners at all times.
(2) Weapon lockers should be located outside of
booking and confinement areas. WAC 289-18-120(2)
ADVISORY
(3) Whenever possible, keys to weapon lockers should
be located outside of booking and confinement areas.
WAC 289-18-120(3) ADVISORY
(4) Keys and locking devices.
(a) Key regulations shall be established by the de-
partment of corrections or chief law enforcement officer
and read and initiated by all staff.
(b) A control point shall be designated for key cata-
loging and logging the distribution of keys.
(3/24/81)
(Cr. 289-18 WAC—p 11
Custodial Care Standards -Security 289-18-220
doors or gates to the outside of the jails. At no time
should both rings be carried by a person inside the jail
simultaneously. WAC 289-18-220 (4)(f) ADVISORY.
(g) Keys shall be accounted for at all times and the
distribution certified at each shift change.
(h) Jail facility keys shall never be issued to a
prisoner.
(i) If electronic devices are used in place of keys,
there shall be key or other manual override capabilities
available for immediate use in case of an emergency
and/or a failure of the system.
(5) Protective equipment. Protective equipment, tear
gas, and any other chemical suppressing agent shall be
kept in a secure area, inaccessible to prisoners and un-
authorized persons, but quickly accessible to officers of
the facility.
(b) Kitchen utensils, tools, and toxic substances.
(a) Dangerous kitchen utensils and tools shall be
marked for identification, recorded, and kept in a secure
place.
(b) Toxic substances shall be kept in locked storage,
and use of toxic substances shall be strictly supervised.
Such substances, including cleaning supplies, shall be
stored in a separate area from food supplies. [Statutory
Authority: Chapter 70.48 RCW. 81-07-057 (Order 10),
§ 289-18-220, filed 3/ 18/81.]
(3/24/81)
(C6. 289-18 W A C-p 31
Chapter 289-19 WAC
CUSTODIAL CARE STANDARDS --PRISONER CONDUCT
WAC
289-19-010
Introduction.
289-19-100
Prisoner rights. (Holding facilities.)
289-19-110
Prisoner rules of conduct. (Holding facilities.)
289-19-120
Discipline. (Holding facilities.)
289-19-130
Grievance procedures. (Holding facilities.)
289-19-200
Prisoner rights. (Detention and correctional
facilities.)
289-19-210
Prisoner rules of conduct. (Detention and Correc-
tional facilities.)
289-19-220
Discipline. (Detention and correctional facilities.)
289-19-230
Grievance procedures. (Detention and correctional
facilities.)
WAC 289-19-010 Introduction. It is assumed that
disciplinary procedures are usually not applicable to six -
hour holding facilities, but where any disciplinary rules
or sanctions exist, the facility must comply with the ap-
plicable provisions of this chapter. (Statutory Authority:
Chapter 70.48 RCW. 81-08-014 (Order 13), § 289-19-
010, filed 3/24/81.1
WAC 289-19-100 Prisoner. ri;W. (Holding facili-
ties.) Each holding facility should establish a written
statement of prisoner rights, to be reviewed at the time
of orientation, which should include, but not be limited
to, access to courts, confidential access to attorneys
and/or legal assistance, protection from abuse and cor-
poral punishment, freedom from discrimination based on
race or sex, access to information on facility rules and
regulations and sanctions, communication such as tele-
phone calls, and access to necessary medical care. (30
day, 72 hour) WAC 289-19-100 ADVISORY. (6 hour -
see WAC 289-16-120.) (Statutory Authority: Chapter
70.48 RCW. 81-08-014 (Order 13), § 289-19-100,
Filed 3/24/81.]
WAC 289-19-110 Prisoner ruleo-veto conduct.
(HoWing facilities.) (1) Rules established.
(a) The department of corrections or chief law en-
forcement officer shall establish uniform rules and disci-
plinary sanctions to guide the conduct of all prisoners
which rules shall designate major and minor infractions.
(30 day, 72 hour)
(b) Appropriate rules relating to the imposition of
discipline, if any, shall be established in writing. (6
hour)
(2) Prisoners informed.
(a) Printed rules and possible disciplinary sanctions
shall be given to each prisoner and/or posted conspicu-
ously within the jail or conveyed orally to each prisoner.
Reasonable efforts shall be made to inform non-English
speaking prisoners. (30 day, 72 hour)
(b) Prisoners shall be informed of facility rules and
sanctions, if any are established. (6 hour)
(3) Major infractions. If major infractions are han-
dled within the facility, rather than as criminal proceed-
ings, the following shall apply:
(a) All major infractions of the rules shall be reported
in writing to the supervisor prior to shift change by the
staff member observing or discovering the act. Such re-
ports shall become a part of the prisoner's jail record.
(b) Disciplinary committee.
(i) The director of the department of corrections or
the chief law enforcement officer or such person's desig-
nee or designees shall hear and decide all charges of
major violation of facility rules and impose sanctions.
(30 day) (Not applicable - 72 hour, 6 hour)
(ii) It is recommended, but not required, that there be
a committee of two or more staff to perform the func-
tion of disciplinary committee. (30 day) WAC 289-19-
110 (3)(b)(ii) ADVISORY. (Not applicable - 72 hour, 6
hour)
(iii) Any facility staff member involved in a charge
shall not be allowed to participate as a hearing officer
with respect to that charge. (30 day) (Not applicable -
72 hour, 6 hour)
(c) Disciplinary procedures.
(i) Any charge pending against a prisoner shall be
acted on as soon as possible and no later than seventy-
two hours (exclusive of Saturdays, Sundays, and holi-
days) after observation or discovery of the infraction.
Action in this context means either a disciplinary hear-
ing or a decision not to impose any sanction requiring a
hearing. (30 day) (Not applicable - 72 hour, 6 hour)
pi) At least twenty-four hours prior to hearing, the
prisoner shall receive a copy of the written infraction re-
port made in conformance with WAC 289-19-110
(3)(a). If the prisoner is illiterate, the infraction report
shall be read to him. (30 day) (Not applicable - 72
hour, 6 hour)
(iii) The prisoner alleged to have committed a major
infraction shall have, and be promptly advised of, the
following rights:
(A) The prisoner shall have the right to be present at
all stages of the hearing, except during the decisional
deliberations;
(B) The prisoner shall be allowed to appear on his
own behalf, to present witnesses, and to present docu-
mentary evidence unless the exercise of such rights
would be unduly hazardous to institutional safety or
correctional goals, in which case the prisoner shall be
given a written statement of the reasons for such judge-
ments and the prisoner's record shall contain a statement
with regard to such grounds;
(10/12/84) (Cb. 289-19 WAC—p 11
Custodial Care Standards-- Prisoner Conduct
289-19-220
(4) Minor infractions. Minor violations of the rules
may be handled informally by any staff member by rep-
rimand, warning, or minor sanction as defined by local
rules. Such incidents may become part of the prisoner's
record only with the approval of the supervisor and ver-
bal notification to the prisoner. [Statutory Authority:
Chapter 70.48 RCW. 81-07-057 (Order 10), § 289-19-
210, filed 3/18/81.1
WAC 289-19-220 Discipline. (Detention and cor-
rectional facilities.) (1) Disciplinary committee.
(a) The director of the department of corrections or
the chief law enforcement officer or such person's desig-
nee or designees, shall hear and decide all charges of
major violation of facility rules and impose sanctions.
(b) It is recommended, but not required, that there be
a committee of two or more staff to perform the func-
tion of disciplinary committee. WAC 289-19-220 (1)(b)
ADVISORY.
(c) Any facility staff member involved in a charge
shall not be allowed to participate as a hearing officer
with respect to that charge.
(2) Disciplinary procedures.
(a) Any charges pending against a prisoner shall be
acted on as soon as possible and no later than seventy-
two hours (exclusive of Saturdays, Sundays, and holi-
days) after observation or discovery of the infraction.
Action in this context means either a disciplinary hear-
ing or a decision not to impose any sanction requiring a
hearing.
(b) At least twenty-four hours prior to hearing, the
prisoner shall receive a copy of the written infraction re-
port made in conformance with WAC 289-19-210(3). If
the prisoner is illiterate, the infraction report shall be
read to him.
(c) The prisoner alleged to have committed a major
infraction shall have, and be promptly advised of, the
following rights:
(i) The prisoner shall have the right to be present at
all stages of the hearing, except during the decisional
deliberations;
(ii) The prisoner shall be allowed to appear on his own
behalf, to present witnesses, and to present documentary
evidence unless the exercise of such rights would be un-
duly hazardous to institutional safety or correctional
goals, in which case the prisoner shall be given a written
statement of the reasons for such judgments and the
prisoner's record shall contain a statement with regard
to such grounds;
(iii) A prisoner who is unable to represent himself in
such a hearing shall be informed of his right to be as-
sisted by another person in understanding and partici-
pating in the proceedings;
(iv) The prisoner shall be advised of the decision in a
written notice giving the reasons for the disciplinary ac-
tion, if any, and evidence relied on; and
(v) The prisoner shall be permitted to appeal the dis-
ciplinary hearing decision to the department of correc-
tions or the chief law enforcement officer or his or her
designee in accordance with appeal procedures estab-
lished by each facility and included in the printed rules.
(d) All disciplinary proceedings shall be recorded.
(e) There shall be a finding of guilt based on the pre-
ponderance of evidence before imposition of a sanction.
(f) The above provisions do not preclude imposition of
administrative segregation, according to procedures re-
quired by WAC 289-16-230(4), or other appropriate
limitations on freedom of the prisoner involved prior to
such disciplinary proceeding: Provided, That every such
restriction shall be in accordance with the other provi-
sions in these standards: Provided further, That any such
restrictions shall be based on legitimate grounds of insti-
tutional security or prisoner safety, and such action shall
be noted in the prisoner's records.
(3) Corrective action or forms of discipline.
(a) Nonpunitive corrective action should be the first
consideration in all disciplinary proceedings. WAC 289-
19-220 (3)(a) ADVISORY.
(b) When punitive measures are imposed, such mea-
sures shall be in accordance with law, and recommended
sanctions, appropriate to the severity of the infraction,
and based on considerations of the individual involved.
(c) Acceptable forms of discipline shall include the
following:
(i) Loss of privileges;
(ii) Removal from work detail or other assignment;
(iii) Recommendation of forfeiture of "good "time"
credit;
(iv) Transfer to the maximum security or segregation
section.
(4) Limitations on punishment.
(a) No prisoner or group of prisoners shall be given
authority to administer punishment to any other prisoner
or group of prisoners.
(b) Deprivation of regular feeding, clothing, bed, bed-
ding, or normal hygienic implements and facilities shall
not be used as a disciplinary sanction.
(c) Correspondence privileges shall not be denied or
restricted, except in cases where the prisoner has vio-
lated correspondence regulations. In no case shall the
correspondence privilege with any member of the bar,
holder of public office, the courts or the department of
corrections or chief law enforcement officer be
suspended.
(d) Restrictions on visitation.
(i) Visitation privileges should not be denied or re-
stricted as a sanction for infractions of rules of the insti-
tution unrelated to visitation. WAC 289-19-220
(4)(d)(i) ADVISORY.
(ii) Under no circumstances shall attorney -client vis-
its be restricted.
(e) No prisoner shall be held in disciplinary segrega-
tion for more than five consecutive days without review
by the disciplinary hearing body or chief law enforce-
ment officer or his or her designee, and in no event shall
a prisoner be held in disciplinary segregation for more
than ten consecutive days as the result of any one
hearing.
(f) Corporal punishment and physical restraint (e.g.,
handcuffs, leather restraints, and strait jackets) shall not
be used as sanctions. (Statutory Authority: RCW 70.48-
.050 (3)(c). 84-21-042 (Order 84-50), § 289-19-220.
(I0/I2/84) Ict,. 289-19 WAC-p 31
Chapter 289-20 WAC
CUSTODIAL CARE STANDARDS --HEALTH AND
WELFARE
WAC
289-20-100
Written procedures for medical services. (Holding
facilities.)
289-20-105
Health care policies and procedures. (Holding
facilities.)
289-20-110
Health screening. (Holding facilities.)
289-20-120
Access to health care. (Holding facilities.)
289-20-130
Health care training. (Holding facilities.)
289-20-140
Medications control. (Holding facilities.)
289-20-150
Health care records. (Holding facilities.)
289-20-160
Special medical issues. (Holding facilities.)
289-20-165
Access to facilities. (Holding facilities.)
289-20-170
Food. (Holding facilities.)
289-20-180
Clothing, bedding and personal items. (Holding
facilities.)
289-20-190
Sanitation. (Holding facilities.)
289-20-200
Responsible physician and licensed staff. (Detention
and correctional facilities.)
289-20-205
Health care policies and procedures. (Detention and
correctional facilities.)
289-20-210 .
Health screening. (Detention and correctional
facilities.)
289-20-220
Access to health care. (Detention and correctional
facilities.)
289-20-230
Health.car, training. (Detention and correctional
facilities.)
289-20-z40
Medications control. (Detention and correctional
facilities.)
289-20-250
Health care records. (Detention and correctional
facilities.)
289-20-260
Special medical issues. (Detention and correctional
facilities.)
289-20-265
Access to facilities. (Detention and correctional
facilities.)
289-20-270
Food. (Detention and correctional facilities.)
289-20-280
Clothing, bedding and personal items. (Detention and
correctional facilities.)
289-20-290
Sanitation. (Detention and correctional facilities.)
DISPOSITION
OF SECTIONS FORMERLY CODIFIED IN THIS
CHAPTER
289-20-010
Health care. [Statutory Authority: RCW
70.48.050(1). 79-07-067 (Order 2). 1 289-20-010,
Filed 6/27/79.) Repealed by 81-07-057 (Order 10),
riled 3/18/81. Statutory Authority: Chapter 70.48
RCW.
289-20-020
Food. [Statutory Authority: RCW 70.48.050(I). 79-
07-067 (Order 2), 1 289-20-020. filed 6/27/79.j
Repealed by 81-07-057 (Order 10), filed 3/18/81.
Statutory Authority: Chapter 70.48 RCW.
289-20-030
Clothing, bedding and personal items. [Statutory Au-
thority: RCW 70.48.050(I). 79-07-067 (Order 2), 1
289-20-030, filed 6/27/79.1 Repealed by 81-07-057
(Order 10), filed 3/18/81. Statutory Authority:
Chapter 70.48 RCW,
289-20-W
Sanitation. [Statutory Authority: RCW 70.48.050(I).
79-07-067 (Order 2), 1 289-20440. filed 6/27/79.)
Repealed by 81-07-057 (Order 10). filed 3/18/81.
Statutory Authority: Chapter 70.49 RCW.
289-20-050
Fire suppression. [Statutory Authority: RCW
70.48.050(I ). 79-07--067 (Order 2). 1 289-20-050,
filed 6/27/19.1 Repealed by 81-07-057 (Order 10),
filed 3/18/81. Statutory Authority: Chapter 70.48
RCW.
WAC..289-20-100 Written procedures for medical
services. (Holding facilities.) (1) There shall be on file,
in the jail, a written procedure which provides that nec-
essary medical services will be provided twenty—four
hours a day by one or more of the following:
(a) A licensed physician.
(b) A health care professional supervised by a licensed
physician.
(c) A hospital or clinic.
(2) Security. All providers of medical services in
holding facilities shall observe the security regulations
which apply to jail personnei.
(3) Licensing and certifications. Medical services shall
be provided only by licensed or certified health care
providers. [Statutory Authority: Chapter 70.48 RCW.
81-08-014 (Order 13), § 289-20-100, filed 3/24L81.1
WAC 289-20-105 Health care policies and proce-
dures. (Holding facilities.) Written standard operating
procedures shall consist of but not be limited to the
following:
(1) Receiving screening;
(2) Nonemergency medical services;
(3) Deciding the emergency nature of illness or injury;
(4) First —aid;
(5) Notification of next of kin or legal guardian in
case of serious illness, injury or death;
(6) Screening, referral and care of mentally ill. and
retarded inmates, and prisoners under the influence, of
alcohol and other drugs;
(7) Detoxification procedures; and
(8) Pharmaceuticals. [Statutory Authority: Chapter
70.48 RCW. 81-08-014 (Order 13), § 289-20-105,
filed 3/24/81.1
WAC 289-20-110 Heald acreeaing. (Holding fa-
cilities.) (1) Receiving screening shall be performed on
all prisoners upon admission to the facility, and the
findings recorded on a printed screening form.
(2) If the results of receiving screening indicate a
medical problem that may be detrimental to the health
or safety of the prisoner, but is of a nonemergency na-
ture, then the prisoner shall be seen within a reasonable
time by a physician or nurse to determine the need for
further diagnosis or treatment. [Statutory Authority:
Chapter 70.48 RCW. 81-08-014 (Order 13), § 289-20-
110, filed 3/24/81.1
WAC 289-20-120 Accent to bea1tY care. (Holding
facilities.) (1) Written procedures for gaining access to
medical services shall be given to each prisoner at the
time of admission and/or posted conspicuously in the
(2/3/82) [Co. 289-20 WAC—p 11
Custodial Care Standards —Health and Welfare
289-20-190
(3) The responsible physician or medical care provider
shall communicate information obtained in the course of
medical screening and care to jail authorities when nec-
essary for the protection of the welfare of the prisoner or
other prisoners, management of the jail, or maintenance
of jail security and order. (30 day)
(4) Information regarding known serious health prob-
lems shall be communicated to any transferring officer
or receiving jail or correctional institution at the time of
transfer. (72 hour, 6 hour)
(5) The person delivering medications shall record the
actual date and time of the delivery. [Statutory Author-
ity: Chapter 70.48 RCW. 81-08-014 (Order 13), § 289-
20-150, filed 3/24/81.1
WAC 289-20-160 Special, mediallssues. (Holding
facilities.) (1) Informed consent. All examinations,
treatments and procedures affected by informed consent
standards in the community shall likewise be observed
for prisoner care.
(2) Special medical.
(a) Jail staff suspecting prisoner mental illness shall
notify the appropriate mental health authorities.
(b) Appropriate medically supervised treatment in ac-
cordance with written procedures established under
WAC 289-20-105 shall be given in the jail to prisoners
determined to be mentally ill or under the influence of
alcohol, opiates, barbiturates, and similar drugs when
such care is not provided in a community health facility.
(30 day, 72 hour) (Not applicable - 6 hour.) [Statutory
Authority: Chapter 70.48 RCW. 81-08-014 (Order 13),
§ 289-20-160, filed 3/24/81.1
WAC 289-20-165 Access to faci8tim (Holding
facilities.) (1) Regular bathing (shower) shall be permit-
ted at least twice each week. (30 day) (Not applicable -
72 hour, 6 hour)
(2) Each prisoner shall have access to toilet, sink,
drinking water, and adequate heat and ventilation.
[Statutory Authority: Chapter 70.48 RCW. 81-08-014
(Order 13), § 289-20-165, filed 3/24/81.1
WAC 289-20-170 Food, (Holding facilities.) (1)
Meal service.
At least three meals a day shall be served at regular
intervals. The morning meal shall be served within four-
teen hours of the previous day's evening meal. (30 day,
72 hour) (Not applicable - 6 hour)
(2) Nutritional and caloric intake.
(a) Jail meals shall be nutritious, and provide for ap-
propriate caloric intake.
(b) Jail menus shall be reviewed by the local county
health department, the county extension service, or other
qualified nutrition consultant to insure that diets ap-
proximate the dietary allowances specified. (30 day)
(Not applicable - 72 hour, 6 hour)
(c) Medically ordered diets shall be strictly observed.
[Statutory Authority: RCW 70.48.050 (1)(a). 81-22-
068 (Order 19), § 289-20-170, filed I1/4/81. Statutory
Authority: Chapter 70.48 RCW. 81-08-014 (Order 13),
§ 289-20-170, filed 3/24/81.1
WAC 289-20-180 Clothing bedding and personal
items. (Holding facilities.) (1) Clothing.
(a) Provisions shall be made for separate insect proof
clothing storage to prevent migration of lice from in-
fested clothing. (30 day, 72 hour) (Not applicable - 6
hour)
(b) Each jail shall insure that prisoners' outer gar-
ments are laundered and made available to them at least
once a week, and that prisoners' undergarments and
socks are laundered and made available to them at least
twice a week. (30 day) (Not applicable - 72 hour, 6
hour)
(2) Bedding.
Prisoners shall be issued clean bedding within a rea-
sonable time. Bedding shall include, but not be limited
to:
(a) A mattress which shall have a washable surface
which shall be sanitized at least semi-annually or more
often if needed;
(b) A mattress cover or sheet which shall be washed
weekly or more often as needed, and always before
,reissue;
(c) A blanket which shall be washed at frequent in-
tervals to maintain a clean condition, and always before
reissue.
(3) Personal care items.
(a) Personal care items issued to each prisoner held in
excess of six hours shall include, but not be limited to,
soap and towel. Female prisoners shall be supplied with
necessary feminine hygiene items. (30 day, 72 hour)
(Not applicable - 6 hour)
(b) Toothpaste, toothbrush and comb shall be pro-
vided for all prisoners held in excess of twelve hours.
Such items shall be available for purchase or shall be is-
sued as needed: Provided, That indigent prisoners shall
have access to these minimum items without cost. (30
day, 72 hour) (Not applicable - 6 hour)
(c) Each prisoner should be permitted to have a rea-
sonable number of additional personal items, the posses-
sion of which does not substantially impede jail
management or security. (30 day, 72 hour) WAC 289-
20-180 (3)(c) ADVISORY (Not applicable - 6 hour.)
[Statutory Authority: RCW 70.48.050 (1)(a). 81-22-
068 (Order 19), § 289-20-180, filed 11/4/81. Statutory
Authority: Chapter 70.48 RCW. 81-08-014 (Order 13),
§ 289-20-180, filed 3/24/81.1
WAC 289-20-190 Saaitatkm (Holding facilities.)
(1) General sanitation.
(a) All jails shall be kept in a clean and sanitary con-
dition, free from any accumulation of dirt, filth, rubbish,
garbage, or other matter detrimental to health.
(b) When the facility is occupied, the housekeeping
program shall include a daily general sanitation inspec-
tion and daily removal of trash and garbage. (30 day)
(Not applicable - 72 hour, 6 hour)
(c) Each prisoner shall clean his own living area daily.
(2) Insects, rodents, and pets.
(a) Insects and rodents shall be eliminated by safe and
effective means.
(b) Pets shall not be allowed in jail facilities.
(2/3/82) (Ch. 289-20 WAC-p 31
Custodial Care Standards —Health and Welfare
289-20-240
responsible physician. WAC 289-20-210(4) ADVISORY.
[Statutory Authority: RCW 70.48.050(1) and
70.48.070(4). 82-04-088 (Order 22), § 289-20-210,
Filed 2/3/82. Statutory Authority: Chapter 70.48 RCW.
81-07-057 (Order 10), § 289-20-210, filed 3/ 18/81.]
WAC 289-20-220 Access to health care. (Deten-
tion and correctional facilities.) (1) If medical services
are delivered in the jail, adequate equipment supplies
and materials shall be provided for the performance of
primary health care delivery.
(2) At the time of admission to the facility, prisoners
shall receive a written communication consistent with
the provisions of WAC 289-16-010 (1)(f), explaining
the procedures for gaining access to medical services.
(3) Prisoners' medical complaints shall be collected
daily and acted upon by the medically trained personnel.
An appropriate priority shall be established and treat-
ment by qualified medical personnel follow.
(4) Work release prisoners should be allowed to see
their own physicians outside of the jail and to receive
consistent care within the jail.
(5) Sick call.
(a) Sick call shall be conducted by a physician and/or
other qualified medical personnel and shall be available
to each prisoner as follows:
(i) In facilities of less than fifty prisoners, at least
once per week at a minimum;
(ii) Facilities of fifty to two hundred prisoners at least
three times per week; and
(iii) Facilities of over two hundred prisoners at least
Five times per week: Provided, That the average daily
population may be calculated exclusive of work release
prisoners when they receive their care in the community.
(b) When sick call is not conducted by a physician,
the responsible physician shall arrange for the availabil-
ity of a physician at least once each week to respond to
prisoner complaints regarding services which they did or
did not receive from other medical providers; further,
regardless of complaints, the responsible physician shall
review the medical services delivered, as follows:
(i) At least once per month in jails with less than fifty
prisoners;
(ii) At least every two weeks in facilities of fifty to
two hundred prisoners; and
(iii) At least weekly in facilities of over two hundred
prisoners.
(6) Medical and dental prostheses shall not be denied
when the health of the inmate -patient would otherwise
be adversely affected as determined by the responsible
physician.
(7) Emergency care.
(a) First aid kit(s) shall be conveniently available in
all jails.
(b) The responsible physician should approve the con-
tents, number, location and procedure for periodic in-
spection of the kit(s). WAC 289-20-220 (7)(b)
ADVISORY
(c) Emergency medical and dental care shall be avail-
able on a twenty-four hour basis in accordance with a
written plan which includes:
(i) Arrangements for the emergency evacuation of the
prisoner from the jail;
(ii) Arrangements for the use of an emergency medi-
cal vehicle;
(iii) Arrangements for the use of one or more desig-
nated hospital emergency rooms, other appropriate
health facilities, or on -call physician and dentist ser-
vices. [Statutory Authority: Chapter 70.48 RCW. 81-
07-057 (Order 10), § 289-20-220, filed 3/18/81.]
WAC 289-20-230 Health care training. (Detention
and correctional facilities.) (1) Jail personnel shall be
trained in standard first -aid equivalent to that defined
by the American Red Cross and usual emergency care
procedures prior to employment or during the proba-
tionary period. Written standard operating procedures
and training of staff shall incorporate the following
steps:
(a) Awareness of potential medical emergency
situations;
(b) Notification or observation determination that a
medical emergency is in progress;
(e) 'First aid' and resuscitation;
(d) Call for help; and
(e) Transfer to appropriate medical provider.
(2) At least one person per shift within sight orsound
of the prisoner shall have training in receiving screening
and basic life support cardiopulmonary resuscitation
(CPR).
(3) Jail personnel shall be given training regarding the
recognition of general symptoms of mental illness and
retardation.
(4) All persons responsible for the delivery of medica-
tions shall have training regarding the medical, security,
and legal aspects of such activity. [Statutory Authority:
Chapter 70.48 RCW. 81-07-057 (Order 10), § 289-20-
230, filed 3/ 18/81.]
WAC 289-20-240 Medications control. (Detention
and correctional facilities.) (1) The jail's standard oper-
ating procedures for the proper management of pharma-
ceuticals shall include:
(a) A formulary specifically developed for the facility
when stock medications are maintained within the jail.
Such formulary shall be in accordance with WAC 360-
16-070 (clinic dispensary);
(b) A policy that jails with an on -site pharmacy shall
adhere to regulations established by the state board of
pharmacy. Such policy shall require, as a minimum, a
consulting pharmacist for the operation of the pharmacy
or the dispensing shall be done by each prescribing phy-
sician in person (WAC 360-16-070);
(c) A policy regarding the prescription of all medica-
tions with particular attention to behavior modifying
medications and those subject to abuse;
(d) A policy regarding medication dispensing and ad-
ministration which shall include, but not be limited to:
(i) Nonmedical jail personnel delivering medication(s)
to prisoners;
(ii) Disposition of medication(s) brought in by prison-
ers at the time of admission to the facility;
(2/3/82) ICI. 289-20 WAC--p 51
Custodial Care Standards --Health and Welfare
289-20-290
(b) Jails may arrange for prepared meal service or
serve frozen packaged meals, provided these meals con-
form to the other requirements of this section.
(c) Meals shall be served in a reasonable manner, hot
food served hot, cold food served cold.
(2) Nutritional and caloric intake.
(a) Jail menus shall be reviewed by the local county
health department, the county extension service, or other
qualified nutrition consultant to insure that diets ap-
proximate the dietary allowances specified.
(b) Diets ordered by medical staff shall be strictly ob-
served. [Statutory Authority: RCW 70.48.050 (1)(a).
81-22-068 (Order 19), § 289-20-270, filed 1 1 /4/81.
Statutory Authority: Chapter 70.48 RCW. 81-07-057
(Order 10), § 289-20-270, filed 3/ 18/81.1
WAC 289-20-280 Clothing, bedding and personal
items. (Detention and correctional facilities.) (1)
Clothing.
(a) Provision shall be made for separate insect proof
clothing storage to prevent migration of lice from in-
fested clothing.
(b) Each jail shall insure that prisoners' outer gar-
ments are laundered and made available to them at least
once a week, and that prisoners' undergarments and
socks are laundered and made available to them at least
twice a week.
(c) Detention and correctional facilities shall, if nec-
essary, clean and sanitize personal clothing prior to
storage.
(2) Bedding.
(a) Each prisoner shall be issued clean bed linens for
the first night's detention and at least once a week
thereafter. Bed linens shall include:
(i) One detachable cloth mattress cover and one sheet;
or
(ii) Two sheets; or
(iii) One double sized sheet.
(b) Mattresses shall have a washable surface and shall
be sanitized at least semiannually.
(c) Blankets shall be issued upon arrival and shall be
washed at frequent intervals to maintain a clean condi-
tion, but at least once every sixty days, and always be-
fore reissue.
(3) Personal care items.
(a) Personal care items issued to each prisoner in de-
tention and correctional facilities shall include, but not
be limited to soap and towel. Female prisoners shall be
supplied with necessary feminine hygiene items.
(b) Toothpaste or powder, toothbrush and comb shall
be provided for all prisoners. Such items shall be avail-
able for purchase or shall be issued at booking and as
needed thereafter: Provided, That prisoners without
funds shall have access to these minimum items without
cost.
(c) Each prisoner should be permitted to have a rea-
sonable number of additional personal items, the posses-
sion of which does not substantially impede jail
management or security. WAC 289-20-280 (3)(c). AD-
VISORY. [Statutory Authority: Chapter 70.48 RCW. 81-
07-057 (Order 10), § 289-20-280, filed 3/ 18/81.1
WAC 289-20-290 Sanitation. (Detention and cor-
rectional facilities.) (1) General.
(a) All jails shall be kept in a clean and sanitary con
dition, free from any accumulation of dirt, filth, rubbish,
garbage, or other matter detrimental to health.
(b) Jail staff shall insure that each prisoner shall
clean his own living area daily. Convicted prisoners may
be required to clean other space within the confinement
area and pretrial detainees may be permitted to do so
voluntarily.
(2) Insects, rodents, and pets.
(a) Insects and rodents shall be eliminated by safe and
effective means. Prisoners shall be removed from areas
in which insecticides and rodenticides are being used.
(b) Pets shall not be allowed in jail facilities.
(3) Latlndry. Each jail shall arrange for adequate
laundry services. [Statutory Authority: Chapter 70.48
RCW. 81-07-057 (Order 10), § 289-20-290, filed
3/18/81.j
(2/3/82) [Ch. 289-20 WAC-p 71
Chapter 289-22 WAC
CUSTODIAL CARE STANDARDS --SERVICES AND
PROGRAMS
WAC
289-22-100
Services. (Holding facilities.)
289-22-110
Programs. (Holding facilities.)
289-22-200
Services. (Detention and correctional facilities.)
289-22-210
Programs. (Detention and correctional facilities.)
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS
CHAPTER
289-22-010 Services. [Statutory Authority: RCW 70.48.050(I).
79-07-067 (Order 2), 1 289-22-010, filed 6/27/79.1
Repealed by 81-07-057 (Order 10). filed 3/18/81.
Statutory Authority: Chapter 70.48 RCW.
289-22-020 Programs. [Statutory Authority: RCW 70.48.050(I).
79-07-067 (Order 2), 1 289-22-020, filed 6/27/79.1
Repealed by 8147-057 (Order 10), filed 3/18/81.
Statutory Authority: Chapter 70.48 RCW.
WAC 289-22-100 Services. (Holding facilities.)
(1) Commissary.
(a) The department of corrections or chief law en-
forcement officer of each holding facility shall either es-
tablish, maintain, and operate a commissary, or provide
prisoners with a list of approved items to be purchased
at cost at least once a week at local stores. (30 day)
(b) The department of corrections or chief law en-
forcement officer may provide prisoners with a list of
approved items to be purchased at cost. (72 hour) WAC
289-22-100 (1)(b) ADVISORY. (Not applicable - 6 hour)
(c) Commissary items shall include books, periodicals,
and newspapers.
(d) Proceeds from a jail facility store shall be used for
operation and maintenance of the commissary service
and/or prisoner welfare expenses. (30 day) (Not appli-
cable - 72 hour, 6 hour)
(e) If jail rules do not permit prisoners to keep money
on their persons, payments for commissary purchases
shall be made by debit on a cash account maintained for
the prisoner. All expenditures from a prisoner's account
shall be accurately recorded and receipted. (30 day, 72
hour) (Not applicable - 6 hour)
(2) Basic hair care. Reasonable arrangements should
be made to provide basic hair care. (30 day) WAC 289-
22-100(2) ADVISORY. (Not applicable - 72 hour, 6 hour)
(3) Reading materials. Each jail should provide for
reading materials and library services. WAC 289-22-
100(3) ADVISORY
(4) Legal assistance.
(a) When adequate professional legal assistance is not
available to prisoners for purposes of preparing and fil-
ing legal papers, a jail shall provide access to necessary
law books and reference materials. (30 day) (Not appli-
cable - 72 hour, 6 hour)
(b) Facility rules shall not prohibit one prisoner from
assisting another in the preparation of legal papers. (30
day) (Not applicable - 72 hour, 6 hour)
(5) Religious services.
(a) Upon reasonable request from a prisoner, the jail
facility staff shall arrange for confidential religious con-
sultation. (30 day) (72 hour - WAC 289-22-100 (5)(a)
ADVISORY) (Not applicable 6 hour)
(b) Holding facilities with an average daily population
of twenty-five or more should arrange for weekly reli-
gious services. (30 day) WAC 289-22-100 (5)(c) ADVI-
SORY (Not applicable - 72 hour, 6 hour)
(c) Prisoners should be permitted to observe religious
holidays and receive sacraments of their faith. (30 day)
WAC 289-22-100 (5)(d) ADVISORY (Not applicable -
72 hour, 6 hour).
(d) Attendance at religious services shall be voluntary.
(30 day) (Not applicable - 72 hour, 6 hour)
(6) Counseling, guidance, and ancillary services.
(a) Counseling services should be available to provide
prisoners in holding facilities with an opportunity to dis-
cuss their problems. (30 day, 72 hour) WAC 289-22-
100 (6)(a) ADVISORY. (Not applicable - 6 hour)
(b) The department of corrections or chief law en-
forcement officer may utilize volunteer counseling re-
sources available in the community, provided that the
security of the facility is not jeopardized. (30 day, 72
hour) WAC 289-22-100 (6)(b) ADVISORY. (Not appli-
cable - 6 hour)
(c) Prisoners are not required to receive counseling
services unless ordered by the appropriate court or the
disciplinary review body. [Statutory Authority: Chapter
70.48 RCW. 81-08-014 (Order 13), § 289-22-100,
filed 3/24/81.]
WAC 289-22-110 P'rograns. (Holding facilities.)
(1) Each prisoner should be allowed an opportunity for
physical exercise. WAC 289-22-110(l) ADvlsoitY.
(2) Work programs. The department of corrections or
chief law enforcement officer may establish work pro-
grams. (30 day) WAC 289-22-110(2) ADVISORY. (Not
applicable - 72 hour, 6 hour)
(3) Participation in work programs by pretrial detain-
ees shall be voluntary.
(4) Education or training programs. The department
of corrections or chief law enforcement officer may al-
low the prisoner to contact or be contacted by commu-
nity representatives of education or training programs.
(30 day, 72 hour) WAC 289-22-110(4) ADVISORY. (Not
applicable - 6 hour)
•
(10/12/84) la. 289-22 WAC—p 11
Custodial Care --Services and Programs 289-22-210
(6) Alternative to confinement programs. With the
concurrence of the department of corrections, or chief
law enforcement officer, the disciplinary hearing body
may recommend an alternative to confinement to the
court of jurisdiction. WAC 289-22-210(6) ADVISORY.
[Statutory Authority: Chapter 70.48 RCW. 81-07-057
(Order 10), § 289-22-210, filed 3/ 18/81.1
s
(10/ 12/84) 1Ci. 289-22 wAC—p 31
289-24-110
Custodial Care Standards --Communications
on outgoing mail. (30 day) (Not applicable - 72 hour, 6
hour)
(b) Opening or censoring mail.
(i) No general restriction of the number of letters
prisoners may receive or of classes of persons with whom
they may correspond shall be made by facility rule or
policy. (30 day) (Not applicable - 72 hour, 6 hour)
(ii) Incoming mail shall not be censored, but may be
opened and inspected for contraband, cash, and checks
and may be perused for content when the responsible
staff person designated by the department of corrections
or chief law enforcement officer has reasonable grounds
to believe that the content of a letter may present a clear
and present danger to institutional security, or violates
state or federal law. Whenever mail is not delivered by
the jail staff directly to the prisoner to whom it is ad-
dressed, it shall be resealed. (30 day) (Not applicable -
72 hour, 6 hour)
(iii) Except by order of a court of competent jurisdic-
tion, outgoing mail shall not be opened unless the re-
sponsible staff person designated by the department of
corrections or chief law enforcement officer has reason-
able grounds to believe that the content of a letter may
present a clear and present danger to institutional secu-
rity, or violates state or federal law. (30 day) (Not ap-
plicable - 72 hour, 6 hour)
(c) Notice of disapproval of prisoner mail.
(i) If a prisoner is prohibited from sending a letter,
the letter and a written and signed notice stating the
reason for disapproval, and indicating the portion(s) of
the letter causing disapproval, shall be given the pris-
oner. (30 day) (Not applicable - 72 hour, 6 hour)
(ii) When a prisoner is prohibited from receiving a
letter, the letter and a written signed notice stating the
reason(s) for denial and indicating the portion(s) of the
letter causing the denial shall be given the sender. The
prisoner shall be given notice in writing that the letter
has been prohibited, indicating the reason(s) and the
sender's name. (30 day) (Not applicable - 72 hour, 6
hour)
(iii) When a prisoner is prohibited from sending or
receiving mail, the affected prisoner is entitled to have
such decision reviewed by the disciplinary hearing body,
the department of corrections, or the chief law enforce-
ment officer upon written request and shall be promptly
informed of this right. (30 day) (Not applicable - 72
hour, 6 hour)
(iv) A written decision of the review of such denial
shall be promptly delivered to the prisoner. (30 day)
(Not applicable - 72 hour, 6 hour)
(d) Limitations.
(i) Incoming mail of postconviction prisoners that is
clearly marked as coming from an attorney, court, or
elected federal, state, county or city officials shall be
opened only in the presence of the addressee. (30 day)
(Not applicable - 72 hour, 6 hour)
(ii) Mail to or from attorneys, courts, or elected fed-
eral, state, county or city officials shall not be read. (30
day) (Not applicable - 72 hour,-6 hour)
(iii) There shall be no additional restrictions on pris-
oner correspondence for disciplinary or punishment pur-
poses, unless the prisoner has violated rules as to
correspondence. Upon proper showing of the alleged vio-
lation, the prisoner's mail may be restricted for a limited
time, but such restriction shall not apply to attorney -
client mail or correspondence with the courts. (30 day)
(Not applicable - 72 hour, 6 hour)
(3) Packages. If a facility allows prisoners to send or
receive packages;
(a) All packages shall be opened and inspected. (30
day) (Not applicable - 72 hour, 6 hour)
(b) Packages may be received only if the contents
conform to rules adopted by the department of correc-
tions or chief law enforcement officer, and a witnessed
receipt for permissible items shall be promptly delivered
to the prisoner, unless such package is opened in the
presence of the prisoner and all items are given directly
to him. (30 day) (Not applicable - 72 hour, 6 hour)
(c) Outgoing. Outgoing packages of prisoner's per-
sonal property shall be inspected to insure ownership and
compliance with United States postal regulations. (30
day) (Not applicable - 72 hour, 6 hour)
(4) Contraband.
(a) Items which are not permitted by jail rules may be
destroyed upon the prisoner's written request, placed` in
the prisoner's personal property box, or returned collect
to the sender. (30 day) (Not applicable - 72 hour, 6
hour)
(b) Permissible items received in the mail, including
money or checks, shall be recorded by a staff member
and notification thereof given to the prisoner. (30 day)
(Not applicable - 72 hour, 6 hour)
(c) Contraband, as defined in RCW 9A.76.010, shall
be turned over to the proper authorities, for handling as
evidence, for disciplinary action or possible prosecution
under RCW 9A.76.140, 9A.76.150, or 9A.76.160, or
other applicable statute(s). (30 day) (Not applicable -
72 hour, 6 hour.) [Statutory Authority: Chapter 70.48
RCW. 81-08-014 (Order 13), § 289-24-110, filed
3/24/81.1
WAC 289-24420 Visitation. (Holding facilities.)
(1) Security.
(a) Open visitation should be provided for those pris-
oners determined to present a minimal degree of risk to
the safety and security of the institution. (30 day) WAC
289-24-120 (1)(a) ADVISORY. (No!-a"icable - 72
hour; 6 hour)
(b) The degree of security required for each prisoner
during visitation shall be determined by the person or
persons responsible for classification under WAC 289-
16-130. (30 day, 72 hour) (Not -applicable - 6 hour)
(2) Social visits.
The department of corrections or chief law enforce-
ment officer shall establish and post rules which permit
reasonable opportunities for social visits for each pris-
oner and specifying times therefor. (30 day) (72 hour -
WAC 289-24-120(2) ADVISORY) (Not applicable - 6
hour)
(3) Business and professional visits.
(Ch. 289-24 WAC—} 21 (3/24/81)
Custodial Care Standards --Communications
289-24-210
(a) Each prisoner shall be allowed confidential visits
from his attorney or legal assistants and his pastor at
reasonable hours.
(b) The department of corrections or chief law en-
forcement officer should allow confidential visits from
business, educational and law enforcement professionals.
(30 day, 72 hour) WAC 289-24-120(3)(b) ADVISORY.
(Not applicable - 6 hour)
(4) Visitor regulations.
(a) Signs giving notice that all visitors and their ac-
companying possessions are subject to search shall be
conspicuously posted.
(b) Any person may refuse a search but, subsequent
to such refusal, may then be denied entrance.
(c) Other reasons for denying entrance to visitors shall
include, but not to be limited to:
(i) An attempt, or reasonable suspicion of an attempt,
to bring contraband into the facility.
(ii) Obvious influence or effect of alcohol or con-
trolled substances.
(iii) Request from the prisoner's physician.
(iv) Request from the prisoner.
(v) Reasonable grounds to believe a particular visit
would present a substantial danger to jail security, or
management, or to the welfare of prisoners, staff, or
other visitors.
(d) If a visitor is refused admittance during regular
visiting hours;
(i) The prisoner shall receive notice of the refusal
stating the reasons therefor.
(ii) The affected prisoner is entitled to have such de-
cision reviewed by the disciplinary hearing body, the de-
partment of corrections, or the chief law enforcement
officer upon written request and shall be promptly in-
formed of this right.
(iii) A written decision of the reviewing body's deter-
mination stating the reason(s) therefor, shall be fur-
nished the prisoner who requested such review.
[Statutory Authority: Chapter 70.48 RCW. 81-08-014
(Order 13), § 289-24-120, filed 3/24/81.]
WAC 289-24-200 Telephone usage. (Detention
and correctional facilities.) (1) The governing unit shall
establish and post rules which specify regular telephone
usage times and the maximum length of calls (not to be
less than five minutes).
(2) Telephone usage hours shall include time during
the normal work day and time during the evening, at
least once a week per prisoner: Provided That estab-
lished social telephone usage hours shall not preclude
reasonable access to a telephone to contact the prisoner's
attorney or legal representative.
(3) Calls shall be at the prisoner's expense or collect:
Provided That appropriate protection of access to an
attorney shall be maintained for prisoners without funds.
(4) Location of telephone facilities shall insure rea-
sonable privacy, and telephone conversations shall not be
monitored, tape recorded, or spot-checked except by
court order.
(5) Reasons for calls shall be the personal concern of
the prisoner, except in consideration of requests for
emergency calls beyond normal telephone hours. [Statu-
tory Authority: Chapter 70.48 RCW. 81-07-057 (Order
10), § 289-24-200, filed 3/ 18/81.]
WAC 289-24-210 Mail. (Detention and correc-
tional facilities.) (1) Newspapers, books, periodicals,
other printed materials, and photographs.
(a) Prisoners shall generally be permitted to subscribe
to and otherwise receive books, newspapers, periodicals
and other printed materials or photographs which may
lawfully be delivered through the United States mails.
Such materials shall be denied a prisoner only if such
denial furthers a substantial governmental interest in jail
security or the welfare of prisoners or staff.
(b) When such materials are withheld from a
prisoner:
(i) The prisoner shall receive immediate written notice
that the publication is being denied, accompanied by an
explanation of the reason(s) for the denial;
(ii) The affected prisoner shall be promptly informed
of his right to have such decision reviewed by the disci-
plinary hearing body, the department of corrections, or
the chief law enforcement officer upon written request;
(iii) A written decision of the review of the denial, in-
cluding reason(s), shall be given to the prisoner request-
ing review.
(2) Correspondence.
(a) General.
(i) Incoming or outgoing mail shall be retained no
more than one business day.
(ii) Except in the case of prisoners without funds,
prisoners shall be permitted to mail out any number of
letters. Prisoners without funds shall be permitted to
mail up to three letters per calendar week at public ex-
pense or with postage purchased from the prisoner wel-
fare fund, provided upon proper showing the number
may be increased. Each prisoner shall be permitted to
mail out any number of letters to his attorney, and the
courts.
(iii) No restriction shall be placed on the number of
letters a prisoner may receive or on the persons with
whom he may correspond, except by court order of a
court of competent jurisdiction, or as provided under (c)
of this subsection.
(iv) These rules shall not preclude a prisoner being
required to place his name and a return post office ad-
dress on outgoing mail.
(b) Opening or censoring mail.
(i) No general restriction of the number of letters
prisoners may receive or of classes of persons with whom
they may correspond shall be made by facility rule or
policy.
(ii) Incoming mail shall not be censored, but may be
opened and inspected for contraband, cash and checks
and may be perused for content when the responsible
staff person designated by the department of corrections
or chief law enforcement officer has reasonable grounds
to believe that the content of a letter may present a clear
and present danger to institutional security, or violates
state or federal law. Whenever mail is not delivered by
(3/24/81) ICL 289-24 WAC-p 31
Custodial Caro Standards—ContmaWeadow 289-24-.220
(i) An attempt, or reasonable suspicion of an attempt
to bring contraband into the facility;
(ii) Obvious influence or effect of alcohol or con-
trolled substances;
(iii) Request from the prisoner's physician;
(iv) Request from the prisoner;
(v) Reasonable grounds to believe a particular visit
would present a substantial danger to jail security or
management or the welfare of prisoners, staff, or other
visitors.
(d) Whenever a visitor is refused admittance during
regular visiting hours, the prisoner shall receive notice of
the refusal stating the reasons therefor. The affected
prisoner is entitled to have such decision reviewed by the
disciplinary hearing body, the department of corrections,
or the chief law enforcement officer upon written re-
quest and shall be promptly informed of this right. A
written decision of the reviewing body's determination
stating the reason(s) therefor, shall be furnished the
prisoner who requested such review. [Statutory Author-
ity: Chapter 70.48 RCW. 81-07-057 (Order 10), g 289-
24-220, filed 3/18/81.)
s
(3/24/81) JCL 289-U WAC—y 51
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVZISH, as.
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
ORDINANCE NO°. 2646 has been approved as a legal newspaper by order of the Superior
CITY AN ORDINANCE EDMONI THE Court of Snohomish County and that the notice ........................................
WASHINGTON ADDING A
THE EDMONDS •9CITY
FCODE, ENTITLED JAIL SUMMARY OF ORDINANCE M. 2646
ACILITIES," WHICH ............................
ADOPTSJAIL FACILITY...........................................................................
I OPERATING
STANDARDS-
CONTAINING R=
BILITY CLAUSE AND
SETTING AN EFFECTIVE
DATE........................................................................................................ ...........
CffOyn Council b of the 1 87,Cl�the
Edmonds Bossed Ordinance No. 2646, which provides as follows:
po eonsono 1-Chapters 289 02 through 289.24 WAC by refer- a printed copy of which is hereunto attached, was published in said
holdinjence
g Each Pertain to 6-hour
Section 2. Requires one coppby newspaper proper and not in supplement form, in the regular and
refere�ncerty beons ian the City entire edition of said paper on the following days and times, namely:
Gerken office for use and Inspection.
Section 3. Contains a severa-
bi cause.
Section 4. Sets an effective 7�y��-+�DL� d e o ve (5) days from the .... 11J:iLi1'A'.0 ER. 20th 1987.
dateof uubI cation of this f•--........................................................................................
approved summary.
If be fmaIledtwithOut chalrggae to anyone who submits a Written
requestfo the City Clerk of the--•-•--•.............................................................................................................................
City of Edmonds for a copy of the text, and that said n E§.paper was regularly distributed to its subscribers
Count lR at EDeibymthengCit !
I December 15, 1987 during all o - slid period.
JACQUELINE G. PARRETT
City Clerk --
Published: December 20, 1987.
................ ..:'-•` 1..��"�'"�" {::vf-'t .� :.............
r Principal Clerk
Subscribed and sworn to before me this.... 21at...............
i
day J�kding
�CENiBER / 19....87
ttt . ............ ...........
y Publi i and for the State of Washington,
at Eerett, Snohomish County.
B-2-1