WAC 137-28-280   Temporary prehearing confinement.  (1) Before a hearing, an inmate may be temporarily confined to his/her cell or demoted to a higher custody level or housing assignment, such as segregation, when it is reasonably believed that the inmate presents a risk to the security of the institution, a risk of escape, danger to themselves or to others, or is in danger from others.

     (2) Confinement decisions under this rule shall be made by the shift commander in writing. All segregation placement must be approved by the superintendent within one working day of the confinement.

     (3) Confinement imposed under this section may not be for more than three working days unless either the inmate or the institution, for good cause, requires additional time to prepare for the disciplinary hearing, or there is an administrative segregation hearing.

     (4) An inmate confined under this section shall be subject to the same rules and restrictions as other inmates in the unit or status.

     (5) An inmate confined under this rule shall be afforded reasonable opportunities to prepare a defense to the charges against him/her.

     (6) An inmate confined on prehearing confinement or restricted under this rule by administrative segregation placement shall receive credit against the sanction for time served if found guilty of the infraction.

     (7) If an inmate is on prehearing confinement and a sanction of further segregation or isolation is given and the inmate indicates he/she wishes to appeal, the inmate may remain on prehearing confinement status pending disposition of the appeal, unless released by the superintendent.



[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. 09-01-195, § 137-28-280, filed 12/24/08, effective 1/24/09. 95-15-044, § 137-28-280, filed 7/13/95, effective 8/15/95.]