WAC 137-28-270   Serious infraction procedure.  Infraction report.

     (1) In the event of a serious infraction, the staff member who discovers such violation shall prepare and submit an infraction report. The infraction report shall be submitted promptly upon discovery of the incident or upon completion of an investigation. The infraction report must include:

     (a) Name, number and housing assignment of offender;

     (b) A description of the incident;

     (c) The time and place of the incident;

     (d) The names of witnesses, victims, and other persons involved;

     (e) The specific rule alleged to have been violated;

     (f) A description of any action taken;

     (g) A summary of any confidential information;

     (h) Copies of any relevant documentation or supplemental reports. Confidential information and the identities of confidential informants shall not be included;

     (i) Name and signature of reporting staff.

     (2) The infracting staff member may recommend action to be taken on the infraction to the hearing officer. This may include a recommendation that the inmate be referred for a mental health consultation.

     (3) Serious infraction reports may be reviewed by the infraction review officer who may:

     (a) Approve the report and forward it to the hearing clerk;

     (b) Require the report be revised, rewritten or reinvestigated by the reporting staff member to ensure that the alleged facts support the charges;

     (c) Add, dismiss, delete or reduce the indicated WAC violations as appropriate, based upon the information and/or evidence provided by the reporting staff member and any mitigating factors;

     (d) Recommend referral to a mental health professional for consultation if there is a question whether:

     (i) Mental illness contributed to the behavior that led to the infraction; or

     (ii) The inmate's mental health status may need to be monitored.

     (4) If a negotiated hearing process is in place in the facility, the report may be forwarded to the designated hearings officer.



[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. 09-01-195, § 137-28-270, filed 12/24/08, effective 1/24/09. Statutory Authority: RCW 72.01.090. 00-10-079, § 137-28-270, filed 5/2/00, effective 6/2/00. 95-15-044, § 137-28-270, filed 7/13/95, effective 8/15/95.]