DOC Policy Doesn’t Mean Anything!
How many times have you tried to work with DOC, or to do something for your incarcerated loved one, only to have DOC say something along the lines of ''DOC Policy doesn't allow this,'' or ''DOC Policy says...''?
What if I told you that DOC Policy doesn't have any force or effect at all? Don't believe me? Read the law yourself. DOC makes its Policy under the Administrative Procedures Act, RCW 34.05.230(1). That law specifies in part: ''CURRENT interpretive and POLICY STATEMENTS ARE ADVISORY ONLY.''
Yup. That's right. DOC POLICY IS ADVISORY ONLY!
It has no force and effect at law. Still doubt me? OK, read the case of PRP of Gossett, 7 Wn.App.2d 610, 622, 435 P.3d 314 (2009) where the Washington Attorney General blatantly argued that DOC Policies are not laws of the State of Washington and that prisoners have no rights or privileges under them.
General references to ''laws of this state'' or ''laws of the state of Washington'' not only include within their scope the Revised Code of Washington (RCW), but generally also include the Washington Administrative Code (WAC). See Inman v. Sandvig, 170 Wash. 112, 118, 15 P.2d 696 (1932)(general references to ''law'' in the state constitution apply not only to statutes, but also to administrative regulations). Because administrative rules and regulations (WACs) are adopted through delegated legislative process to make law, they are given the force and effect of laws. PRP of Cashaw, 123 Wn.2d 138, 149 n.6, 866 P.2d 8 (1994).
“Respectfully let them know that DOC Policy is ADVISORY ONLY and holds no force or effect at law. If they’re not citing a WAC regulation or an RCW as authorizing or prohibiting whatever they’re attempting or omitting, then they’re getting over on you.”
So what does all of this mean? It means that whenever DOC personnel tries to blow smoke at you or your loved ones and say that ''DOC Policy says...,'' respectfully let them know that DOC Policy is ADVISORY ONLY and holds no force or effect at law. If they're not citing a WAC regulation (DOC's regulations are contained within WAC Title 137) or an RCW as authorizing or prohibiting whatever they're attempting or omitting, then they're getting over on you.
What can you do? Well, you can file a statutory Complaint with the Secretary of DOC and with the Superintendent of the institution where your loved one is located. Under RCW 72.01.060, if you complain to either the Secretary of DOC or the Superintendent of the respective institution (or each of them), they're required under that law to investigate and report on any complaint submitted against any superintendent or employee. They can even fire the employee whom you're complaining about.
Paragon Paralegals is a nonprofit organization dedicated to adding value to the lives of all prisoners and their families. Sign up for our FREE monthly newsletter where helpful information like this is sent directly to your email.
Free Complaint Form: Google/Word Document, PDF
