WAC 137-25-020 Definitions. For the purposes of this chapter, the following words have the following meanings:

аааа Abusive sexual contact - an incident in which the contact occurs without his/her consent or he/she was unable to consent or refuse. Abusive sexual contact includes one or more of the following behaviors:

аааа Х Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of the victim. It does not include kicking, grabbing or punching genitals when the intent is to harm or debilitate rather than to sexually exploit.

аааа Adult correctional institution and institution - a facility identified in RCW 72.01.050(2) and any similar facility hereinafter established.

аааа Aggravated assault - an assault resulting in physical injury and requiring medical care (see definition of medical care).

аааа Assault - a physical attack upon the body of another person. The attack may be made with any instrument including, but not limited to, weapons, body parts, food products, or bodily secretions.

аааа Attempted suicide - an unsuccessful attempt to kill oneself as determined by a medical or mental health professional.

аааа Attempt - putting forth an effort to commit any infraction shall be considered the same as commission of the infraction. However, attempted aggravated assault shall be considered an attempted assault.

аааа Bodily harm - physical pain or injury, illness, or impairment of physical condition.

аааа Cell tag - if contraband or other violation is discovered in an area under control of the inmate (such as within the confines or contents of a cell), the contraband or other violation shall be constructively attributed to the inmate(s) assigned to that area, unless the inmate(s) can establish a lack of involvement in the infraction at the disciplinary hearing.

аааа Conspiracy - an agreement between two or more persons to commit an infraction. Conspiracy to commit an infraction shall be considered the same as commission of the infraction.

аааа Deputy secretary - the deputy secretary of the office of correctional operations of the Washington state department of corrections, or the deputy secretary's designee.

аааа Discovery - when a staff member discovers that an infraction has occurred or when an investigation into the incident is concluded.

аааа Earned time - means that portion of time an offender is eligible to earn for program participation approved by the classification process and consistent with his/her case management plan.

аааа Earned release time - means the combined earned time and good conduct time credit an offender is eligible to earn off the minimum term established by the indeterminate sentence review board or the sentencing court.

аааа Good conduct time credits - that portion of an inmate's potential reduction to minimum term which is authorized by RCW 9.95.070 and 72.09.130 and which may be lost by receiving serious infractions.

аааа Hearing officer - staff member(s) designated by the superintendent or hearings program administrator to conduct disciplinary hearings.

аааа Infraction - commission of, attempt to commit, or conspiracy with another to commit any violation of rules as enumerated in this code. Aiding or abetting another to commit an infraction will be considered the same as commission of the infraction.

аааа Infraction review officer - staff member(s) designated by the superintendent to review a serious infraction.

аааа Lesser included offense - any infraction that must necessarily have been committed in order to commit another infraction.

аааа Medical care - any care conducted in a medical facility/treatment center by medical staff to treat a documented, physical injury, including, but not limited to, bandaging, suturing, surgery, etc. An examination conducted by medical staff to determine whether an injury has been sustained shall not be considered medical care.

аааа Mental health professional - an individual with a unique set of knowledge, skills and abilities that makes him/her competent in either development, research, administration, assessment, prevention, treatment, education or training aimed at affecting the onset, occurrence, and maintenance of mental, behavioral and in some cases physical health disorders.

аааа Mitigating factors - factors to be considered by the infracting officer in deciding whether to charge a #328 general infraction rather than a #728 serious infraction. Also, factors to be considered by the infraction review officer, hearings officer, and superintendent for the purpose of deciding whether a #728 serious infraction should be reduced to a #328 general infraction. Mitigating factors may include the seriousness of the sexually explicit material involved, whether the inmate has been convicted of a sexually motivated crime, the treatment needs of the inmate, the prior history of similar behavior, and the source of the material.

аааа Possession - established when an item(s) is found on a person or in an area which is under the control of the individual(s) charged.

аааа Promptly - to act as soon as reasonably possible, consistent with institutional goals of safety, security, and rehabilitation.

аааа Secretary - the secretary of the Washington state department of corrections, or the secretary's designee.

аааа Sexual harassment - any word, action, gesture or other behavior that is sexual in nature and that would be offensive to a reasonable person.

аааа Sexual assault - an incident in which the act occurs against the will of the victim (without his/her consent and/or he/she is unable to consent or refuse) as the result of the threat of the force or force used to obtain compliance. A sexual assault includes one or more of the following behaviors:

аааа Х Contact between the penis and the vagina or the penis and the anus involving penetration. It does not include kicking, grabbing or punching genitals when the intent is to harm or debilitate rather than to sexually exploit;

аааа Х Contact between the mouth and the penis, vagina and/or anus;

аааа Х Penetration of the anal or genital opening of another person by hand, finger or other object.

аааа Sexually explicit - means a depiction of one of the following:

аааа Х One of the participants in the sexual act is, or appears to be, nonconsenting;

аааа Х One of the participants in the sexual act appears to be forceful, threatening, or violent;

аааа Х One of the partners in the sexual act is dominating one of the other participants and one of the individuals is obviously in a submissive role or one of the participants is degraded, humiliated, or willingly engages in behavior that is degrading or humiliating;

аааа Х One of the participants in the sexual act is a minor, or appears to be a minor, or a minor alone is depicted in a sexually suggestive way;

аааа Х Actual penetration, be it penile/vaginal-oral, penile-anal, or penile-vaginal; digital-anal; digital-vaginal; or insertion of any inanimate object in the vaginal or anal cavity, and the depiction in the context presented is deemed to be a threat to legitimate penological objectives;

аааа Х Any bodily excretory function which is sexual in nature;

аааа Х Bestiality, sadomasochistic behavior, bondage; or

аааа Х Material reasonably deemed to be a threat to legitimate penological objectives.

аааа Staff member - for purposes of this chapter includes employees of the department of corrections, contract employees, and volunteers.

аааа Superintendent - superintendent of an adult correctional institution or the superintendent's designee.

аааа Working days - Monday through Friday, excluding weekends and holidays.

[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. 06-21-054, з 137-25-020, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. 05-24-009 and 06-02-038, з 137-25-020, filed 11/28/05 and 12/28/05, effective 5/1/06.]