DOC disciplinary hearings

AN ACT Relating to disciplinary hearings held by the department 1
of corrections for individuals in partial and total confinement or 2
serving a term of community custody; amending RCW 9.94A.737 and 3
72.09.130; adding a new section to chapter 72.09 RCW; and providing 4
an effective date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 9.94A.737 and 2020 c 82 s 1 are each amended to read 7
as follows: 8
(1) If an offender is accused of violating any condition or 9
requirement of community custody, the department shall address the 10
violation behavior. The department may hold offender disciplinary 11
proceedings not subject to chapter 34.05 RCW. The department shall 12
notify the offender in writing of the violation process.13
(2)(a) The offender's violation behavior shall determine the 14
sanction the department imposes. The department shall adopt rules 15
creating a structured violation process that includes presumptive 16
sanctions, aggravating and mitigating factors, and definitions for 17
low level violations and high level violations. 18
(b) After an offender has committed and been sanctioned for five 19
low level violations, subsequent violations committed by that 20
offender may be considered high level violations, provided that any 21
H-0418.1
HOUSE BILL 1192
State of Washington 69th Legislature 2025 Regular Session
By Representatives Simmons, Peterson, Obras, Ormsby, and Hill
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1192
decision to elevate a violation complies with policies and rules 1
established by the department. 2
(c)(i) The department must define aggravating factors that 3
indicate the offender may present a current and ongoing foreseeable 4
risk and which therefore elevate an offender's behavior to a high 5
level violation process. 6
(ii) The state and its officers, agents, and employees may not be 7
held criminally or civilly liable for a decision to elevate or not to 8
elevate an offender's behavior to a high level violation process 9
under this subsection unless the state or its officers, agents, and 10
employees acted with reckless disregard. 11
(3) The department may intervene when an offender commits a low 12
level violation by sanctioning the offender to one or more 13
nonconfinement sanctions or to not more than three days in total 14
confinement. 15
(a) The department shall develop rules to ensure that each 16
offender subject to a short-term confinement sanction is provided the 17
opportunity to respond to the alleged violation prior to imposition 18
of total confinement. 19
(b) The offender may appeal the short-term confinement sanction 20
to a panel of three reviewing officers designated by the secretary or 21
by the secretary's designee. The offender's appeal must be in writing 22
and hand-delivered to department staff, or postmarked, within seven 23
days after the sanction is imposed. 24
(4) If an offender is accused of committing a high level 25
violation, the department may sanction the offender to not more than 26
thirty days in total confinement per hearing. 27
(a) The offender is entitled to a hearing prior to the imposition 28
of sanctions; and 29
(b) The offender may be held in total confinement pending a 30
sanction hearing. Prehearing time served must be credited to the 31
offender's sanction time. 32
(5) If the offender's underlying offense is one of the following 33
felonies provided in this subsection and the violation behavior 34
constitutes a new misdemeanor, gross misdemeanor, or felony, the 35
offender shall be held in total confinement pending a sanction 36
hearing, and until the earlier of: The date the sanction expires; the 37
date a prosecuting attorney files new charges against the offender; 38
or the date a prosecuting attorney provides the department with 39
written notice that new charges will not be filed for the violation 40
p. 2 HB 1192
behavior. The following underlying offenses apply to the restrictions 1
in this subsection: 2
(a) Assault in the first degree, as defined in RCW 9A.36.011;3
(b) Assault of a child in the first degree, as defined in RCW 4
9A.36.120; 5
(c) Assault of a child in the second degree, as defined in RCW 6
9A.36.130; 7
(d) Burglary in the first degree, as defined in RCW 9A.52.020;8
(e) Child molestation in the first degree, as defined in RCW 9
9A.44.083; 10
(f) Commercial sexual abuse of a minor, as defined in RCW 11
9.68A.100; 12
(g) Dealing in depictions of a minor engaged in sexually explicit 13
conduct, as defined in RCW 9.68A.050; 14
(h) Homicide by abuse, as defined in RCW 9A.32.055;15
(i) Indecent liberties with forcible compulsion, as defined in 16
RCW 9A.44.100(1)(a); 17
(j) Indecent liberties with a person capable of consent, as 18
defined in RCW 9A.44.100(1)(b); 19
(k) Kidnapping in the first degree, as defined in RCW 9A.40.020;20
(l) Murder in the first degree, as defined in RCW 9A.32.030;21
(m) Murder in the second degree, as defined in RCW 9A.32.050;22
(n) Promoting commercial sexual abuse of a minor, as defined in 23
RCW 9.68A.101; 24
(o) Rape in the first degree, as defined in RCW 9A.44.040;25
(p) Rape in the second degree, as defined in RCW 9A.44.050;26
(q) Rape of a child in the first degree, as defined in RCW 27
9A.44.073; 28
(r) Rape of a child in the second degree, as defined in RCW 29
9A.44.076; 30
(s) Robbery in the first degree, as defined in RCW 9A.56.200;31
(t) Sexual exploitation of a minor, as defined in RCW 9.68A.040; 32
or 33
(u) Vehicular homicide while under the influence of intoxicating 34
liquor or any drug, as defined in RCW 46.61.520(1)(a).35
(6) The department shall adopt rules creating hearing procedures 36
for high level violations. The hearings are offender disciplinary 37
proceedings and are not subject to chapter 34.05 RCW. The procedures 38
shall include the following: 39
p. 3 HB 1192
(a) The department shall provide the offender with written notice 1
of the alleged violation and the evidence supporting it. The notice 2
must include a statement of the rights specified in this subsection, 3
and the offender's right to file a personal restraint petition under 4
court rules after the final decision; 5
(b) Unless the offender waives the right to a hearing, the 6
department shall hold a hearing, and shall record it electronically. 7
For offenders not in total confinement, the department shall hold a 8
hearing within fifteen business days, but not less than twenty-four 9
hours, after written notice of the alleged violation. For offenders 10
in total confinement, the department shall hold a hearing within five 11
business days, but not less than twenty-four hours, after written 12
notice of the alleged violation; 13
(c) The offender shall have the right to: (i) Be present at the 14
hearing; (ii) have the assistance of a person qualified to assist the 15
offender in the hearing, appointed by the hearing officer if the 16
offender has a language or communications barrier; (iii) testify or 17
remain silent; (iv) call witnesses and present documentary evidence; 18
(v) question witnesses who appear and testify; and (vi) receive a 19
written summary of the reasons for the hearing officer's decision; 20
and 21
(d) The sanction shall take effect if affirmed by the hearing 22
officer. The offender may appeal the sanction to a panel of three 23
reviewing officers designated by the secretary or by the secretary's 24
designee. The offender's appeal must be in writing and hand-delivered 25
to department staff, or postmarked, within seven days after the 26
sanction was imposed. The appeals panel shall affirm, reverse, 27
modify, vacate, or remand based on its findings. If a majority of the 28
panel finds that the sanction was not reasonably related to any of 29
the following: (i) The crime of conviction; (ii) the violation 30
committed; (iii) the offender's risk of reoffending; or (iv) the 31
safety of the community, then the panel will reverse, vacate, remand, 32
or modify the sanction. 33
(7) For purposes of this section, the hearings officer may not 34
rely on unconfirmed or unconfirmable allegations to find that the 35
offender violated a condition. Any alleged violations of the 36
conditions of community custody must be proven beyond a reasonable 37
doubt.38
(8) Hearing officers shall report through a chain of command 39
separate from that of community corrections officers.40
p. 4 HB 1192
NEW SECTION. Sec. 2. A new section is added to chapter 72.09 1
RCW to read as follows: 2
(1) In any hearing for an alleged violation of the disciplinary 3
rules of total confinement, the alleged violation must be proven by a 4
preponderance of the evidence. If the hearing officer finds the 5
incarcerated individual not guilty of a violation, disciplinary 6
sanctions shall not be imposed on the incarcerated individual for 7
that violation. 8
(2) In any hearing for an alleged violation of the disciplinary 9
rules or required conditions of partial confinement, the alleged 10
violation must be proven beyond a reasonable doubt. If the hearing 11
officer determines that the allegation has not been proven beyond a 12
reasonable doubt at the hearing, the partial confinement status of 13
the individual must continue. 14
(3) The department shall adopt rules necessary to implement this 15
section. 16
Sec. 3. RCW 72.09.130 and 1995 1st sp.s. c 19 s 6 are each 17
amended to read as follows: 18
(1) The department shall adopt, by rule, a system that clearly 19
links an inmate's behavior and participation in available education 20
and work programs with the receipt or denial of earned early release 21
days and other privileges. The system shall include increases or 22
decreases in the degree of liberty granted the inmate within the 23
programs operated by the department, access to or withholding of 24
privileges available within correctional institutions, and 25
recommended increases or decreases in the number of earned early 26
release days that an inmate can earn for good conduct and good 27
performance. 28
(2) Earned early release days shall be recommended by the 29
department as a reward for accomplishment. The system shall be fair, 30
measurable, and understandable to offenders, staff, and the public. 31
At least once in each twelve-month period, the department shall 32
inform the offender in writing as to his or her conduct and 33
performance. This written evaluation shall include reasons for 34
awarding or not awarding recommended earned early release days for 35
good conduct and good performance. An inmate is not eligible to 36
receive earned early release days during any time in which he or she 37
refuses to participate in an available education or work program into 38
which he or she has been placed under RCW 72.09.460.39
p. 5 HB 1192
(3) The department shall provide each offender in its custody a 1
written description of the system created under this section. The 2
system created under this section must conform to section 2 of this 3
act.4
NEW SECTION. Sec. 4. This act takes effect January 1, 2026.5
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p. 6 HB 1192