DOC request one, part 1/8 - Cannabis Defense Coalition

STATE OF WASHINGTON 

DEPARTMENT OF CORRECTIONS 

P.O. Box 41100 • Olympia, Washington 98504-1100 

September 29, 2009 

Mr. Ben Livingston 

Cannabis Defense Coalition 

PO Box 45622 

Seattle, WA 98145 

Dear Mr. Livingston: 

Thank you for your paymentof$165.85 to cover costsassociated with Installment #1 ofPDU- 

6655, yourrequest for disclosure ofrecords related to requests andappeals forthe medical use of 

marijuana, as wellasallrecords related to DOC Policy 380.200, Directive IV, Medicinal Useof 

Marijuana, to includewrittenpublicinquiries, formative documents, and staff email. 

Enclosed you will find Installment #1 ofthe requested records. I have made redactions as 

appropriate per statute andnotedthem on the enclosed denial/appeal form. If you wish, youmay 

appeal my denial decisions in part orwhole by completing and mailing the appeal form to 

AgencyAppeals OfficerBarbara Parry at PO Box 41103, Olympia, WA 98504-1103. 

The enclosed records are provided in accordance with the Public Records Act; however, y 

making agency documents available to you, theDepartment is notresponsible for your useof the 

information or for anyclaims or liabilities that may result from youruse or further dissemination. 

I will now begin preparing records for Installment #2, whichI estimate will require 15 to 20 

business days to complete. Therefore, I will contact you further on orbefore 

October 27,2009. If you needto contact me in the interim, I canbe reached at 360-725-8608 or 

via email to clhood@docl.wa.gov. 

Sincerely, 

Cynthia Hood, Public Disclosure Specialist 

Public Disclosure Unit 

Department ofCorrections 

clh:PDU-6655 

Enclosures 

" Working Together for SAFE Communities" 

WA recycled paper


CORRECTIONS 

DENIAL OF DISCLOSURE OF PUBLIC RECORDS 

Date: 9/29/09 

Tracking Number: PDU-6655, Installment #1 

Requestor Name 

and Address: 

Mr. Ben Livingston 

PO Box 45622 

Seattle, WA 98145 

Denial ofDisclosure Decided by (Name/Title): 

Cynthia Hood, Public Disclosure Specialist 

YOUR REQUEST FOR DISCLOSURE OF THE RECORDS IDENTIFIED BELOW HAS BEEN DENIED TO 

THE EXTENT AND FOR THE REASON(S) SET FORTH BELOW. 

See Exemptions Sectionfor the explanation of the exemption(s) relied upon(numbers in the exemption 

columnsbelow correspondto the numbers in the Exemptions Section). 

RECORDS PROVIDED WITH REDACTIONS 

PAGE EXEMPTIONS) 11 PAGE EXEMPTION(S) • PAGE EXEMPTION(S) 

NUMBER^) 1 NUMBER(S) • NUMBER(S) 

16-22,34-36, 15- 11 61,69,72, 2- 1 26 22- 

38-40,43,50, MEDICAL/MENTAL 11 73,76,81, ATTORNEY/CLIENT 1 VICTIM 

52, 60, 63-65, HEALTH/CHEMICAL 11 221,222, PRIVILEGE • AND/OR 

66-68,71,75, DEPENDENCY 11 224,260, RCW 5.60.060(2)(a) • WITNESS - 

80,83,89-91, RCW 70.02.020(1) 1I 275,276, H RCW42.56.240(2) 

93-106,107- RCW 42.56.360(2) 11 653, 657, H 

124,125-135, Chapter 70.02 RCW 11 667, 670, 1 

137,138, 42CFR 11 673, 676, H 

175-177,215, 1 677, 680-684, H 

218,219, 1 689, 690 H 

221-224,225, H 

227-233,235- H 

238,240-243, H 

275-277,283, H 

287,293-299, H 

301-317,319, H 

323,325, 1 

327, 328, I 

330-332,339- H 

342, 347-349, 1 

351-354,358- • 

360,366, 1 

368-372,374, 1 

376,379, H 

381,388, H 

391-397,403- 1 

408,414, 1 

427,428, H 

431-437,448- H 

455,457-461, (Cont'd, on Page 2) | H

RECORDS PROVIDED WITH REDACTIONS 

PAGE EXEMPTION(S) • PAGE EXEMPTION(S) • PAGE EXEMPTION(S) 

NUMBER^ • NUMBER(S) • NUMBER(S) 

463-472,474- U 559-561 478,480, H COMPUTER 1 

485-488,490- 1 SECURITY AND • 

494,499, 1 IPIN NUMBERS • 

501-504,506, H RCW 42.56.420(4) • 

508,509, 1 1 

511,512, H H 

516,517, H H 

519, 543, H H 

544, 551, H 1 

552, 559, • • 

569,570, 1 1 

572-580,582, 1 H 

584-586,597, H H 

598,599, H H 

604, 605, H H 

623-630, 633- H 1 

639, 642-648, • • 

653-658,660, 1 1 

667,676, 1 1 

699, 700-703, H 1 

705,711-714, H H 

716-718,723, 1 1 

724,729, 1 1 

731-736,738- 1 1 

743,745-748, H H 

750-752, 754, H H 

755,758-762, 1 H 

764-774,776, • 1 

779,780 H H 

I 1

DUPLICATE \ NON-RESPONSIVE RECORDS 

The following records, though not denied, are excluded from the responsive records for the reason set forth 

below (these records are available upon request and appropriate payment): 

DUPLICATE RECORDS 

The following pages ofthe responsive records are duplicate records: 

Pg(s) 53 and 54 (duplicates ofpgs 51 and 52) 

NON-RESPONSIVE RECORDS 

The following pages were page numbered then discovered to be non-responsive to your request: 

Pg(s)

APPEAL FORM 

You may appeal all or any portion ofthis decision to the DOC Appeals Office by completing the following portion ofthis form and 

mailing it to the address designated. 

1. A public disclosure appeal may be submitted if you believe a public disclosure decision should be considered for reversal due to 

legal considerations. 

2. Only the original requestor may appeal a public disclosure response. 

3. Only one public disclosure request may be appealed per form. 

4. An inquiryabout timeframes on a pendingrequestdoes not constitutean appeal,but will be addressedas an inquiry. 

5. Thisappeal form maynot contain a newpublicdisclosure request. Anynewrequestmustbe sentto the 

Public Disclosure Unit per WAC 137-08-090. 

Requestor 

Name: 

DOC # (if applicable): 

PDU 

Tracking 

Number: 

Mailing Address: 

Describe the specific exemption(s) and/or specific page(s) you wish toappeal: 

(include why you disagree with theoriginal denial decision) 

Mail completed form to: 

Agency Appeals Office 

Post Office Box 41103 

Olympia, WA 98504-1103

Exemptions Section 

The following section identifies and explains the exemptions relied upon in the table(s): 

1-ACTIVE INVESTIGATIONS - These records contain information regarding an active investigation the non 

disclosure of which is essential to effective law enforcement, and have been redacted or withheld in their entirety per 

the following citations. See also Newman v. King County. 133 Wn.2d 565, 947 P.2d 712 (1997) and Cowles 

Publishing Co. v. Spokane Policy Department. 139 Wn.2d 472 987 P.2d 620 (1999). 

RCW 42.56.240(1) - "Specific intelligence information and specific investigative records compiled by investigative, 

law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members ofany 

profession, the nondisclosure ofwhich is essential to effective law enforcement or for the protection ofany person's 

right to privacy." 

2-ATTORNEY/CLIENT PRIVILEGE - These records reflect privileged attorney-client communication, and/or 

attorney workproductprotectedfrom disclosureand have been redactedor withheld in their entiretyper the following 

citations: 

RCW 42.56.290 - "Records that are relevant to a controversy to which an agency is a party but which records would 

notbe available to anotherparty under the rules of pretrialdiscovery for causespending in the superiorcourts are 

exempt from disclosure under this chapter." 

RCW 5.60.060(2)(a) - "Anattorney or counselor shall not, without theconsent of hisor herclient, be examined as to 

any communication made by the client to him orher, or bis orheradvice given thereon inthe course ofprofessional 

employment." 

RCW 42.56.070(1) - "Each agency, inaccordance with published rules, shall make available for public inspection and 

copying all public records, unless the record falls within the specific exemptions ofsubsection (6) ofthis section, this 

chapter, orother statute which exempts orprohibits disclosure ofspecific information orrecords. Tothe extent 

required to prevent an unreasonable invasion ofpersonal privacy interests protected bythis chapter, an agency shall 

delete identifying details ina manner consistent with this chapter when it makes available orpublishes any public 

record; however, in eachcase, thejustification forthedeletion shall be explained fully in writing." 

3-AUDIO RECORDINGS - These recordscontainaudiorecordings protected from disclosureand have been 

withheld in their entirety per the following citations: 

RCW 9.73.095(3)(b) - "The contents ofany intercepted orrecorded conversation shall be divulged only asis necessary 

to safeguard the orderly operation ofthe correctional facility, inresponse to a court order, orinthe prosecution or 

investigation ofany crime." 

RCW 42.56.070(1) - "Each agency, in accordance with published rules, shall make available for public inspection and 

copying all public records, unless the record falls within the specific exemptions ofsubsection (6) ofthis section, this 

chapter, orother statute which exempts orprohibits disclosure ofspecific information orrecords. To the extent 

required to prevent an unreasonable invasion ofpersonal privacy interests protected by this chapter, an agency shall 

delete identifying details ina manner consistent with this chapter when itmakes available orpublishes any public 

record; however, ineach case, thejustification forthe deletion shall be explained fully in writing." 

4-BANK ACCOUNT NUMBERS - These recordscontainbank accountor similar financial informationprotected 

from disclosure and have been redacted per the following citation: 

RCW 42.56.230(4) - Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, orbank orother 

financial account numbers, except when disclosure is expressly required byorgoverned byotherlaw. 

5-COMPUTER SECURITY AND IPIN NUMBERS - Theserecords containcomputer accesspaths, codes,IPIN 

telephone access codes, orsimilar information the release ofwhich may compromise the security ofthe computer 

and/or telecommunication systems andinformation, and have been redacted perthefollowing citation: 

RCW 42.56.420(4) - "Information regarding the infrastructure and security ofcomputer and telecommunications 

networks, consisting ofsecurity passwords, security access codes and programs, access codes for secure software 

applications, security and service recovery plans, security risk assessments, and security test results to the extent that 

they identifyspecific systemvulnerabilities." 

5

6-DELD3ERATIVE PROCESS - These records, consisting ofpreliminary drafts, notes, recommendations, and/or 

intra-agency memorandums in which opinions are expressed or policies formulated or recommended, are protected 

from disclosure at this time and have been withheld in their entirety per the following citation: 

RCW 42.56.280 - "Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are 

expressed or policies formulated or recommended are exempt under this chapter, except that a specific record is not 

exempt when publicly cited by an agency in connection with any agency action." 

7-EMPLOYEE APPLICATIONS & ATTACHMENTS - These records, consisting ofapplications for public 

employment andotherrelated materials submitted withrespect to an applicant, areprotected from disclosure andhave 

been withheld in their entirety per the following citation: 

RCW42.56.250(2) - "All applications for publicemployment, including the names of applicants, resumes, and other 

related materials submitted with respect to an applicant." 

8-EMPLOYEE & VOLUNTEER OUTSIDE EMPLOYMENT DOCUMENTS - These records contain private 

information of an employee or volunteerof the agencymaintained in personnel files,publicemployment related 

records or volunteerrostersprotectedfrom disclosure and havebeen redactedper the followingcitation: 

RCW 42.56.230(2) - "Personal information in files maintained for employees, appointees, or elected officials of any 

public agency to the extentthat disclosure wouldviolate theirrightto privacy." 

9-EMPLOYEE PERFORMANCE EVALUATIONS (NO SPECD7IC MISCONDUCT) - These records, 

consisting ofperformance evaluations which donotdiscuss specific instances of misconduct, areprotected from 

disclosure and have been withheld in their entirety per the following citation: 

RCW 42.56.230(2) - "Personal information in files maintained foremployees, appointees, or elected officials of any 

public agency to theextentthatdisclosure would violate theirrightto privacy. 

10-EMPLOYEE PRIVATE INFORMATION - These records contain private information ofan employee or 

volunteer oftheagency maintained inpersonnel files, public employment related records or volunteer rosters protected 

from disclosure and have been redacted per the following citations: 

RCW 42.56.230(2) - "Personal information in files maintained foremployees, appointees, or elected officials of any 

public agency to theextentthatdisclosure would violate theirrightto privacy." 

RCW 42.56.250(3) - "Theresidential addresses, residential telephone numbers, personal wireless telephone numbers, 

personal electronic mail addresses, social security numbers, and emergency contact information ofemployees or 

volunteers ofa public agency, andthenames, dates ofbirth, residential addresses, residential telephone numbers, 

personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency 

contact information of dependents of employees orvolunteers ofa public agency thatareheld byanypublic agency in 

personnel records, public employment related records, orvolunteer rosters, orare included inany mailing list of 

employees or volunteers ofany public agency." 

11-FBI RAP AND WASHINGTON STATE RAP SHEET - These records, consisting ofthe Federal Bureau of 

Investigation Rap Sheet and/or the Washington Rap Sheet, are protected from disclosure and have been withheld in 

their entirety per the following citations: 

Title 28 CFRSection 513.11(a)(1) - An inmatemayrequesta copyof his or her currentFBI identification record 

directly fromthe FBIby following theprocedure outlined in 28 CFR 16.30 through 16.34. 

Title28 CFRSection513.20(b) - Any law enforcement agency whichreceives information underthis rule maynot 

disseminate suchinformation outside of suchagency. If an agency disseminates information contrary to this restriction, 

the Bureau ofPrisons may terminate or suspend release ofinformation to that agency. 

"Non-conviction criminal history information is forlawenforcement useonly, andrestricted from dissemination under 

provisions of RCW 10.97.050and 28 USC§ 534 and 28 CFRPart 20." 

RCW 42.56.070(1) - "Each agency, inaccordance with published rules, shall make available forpublic inspection and 

copying all public records, unless the record falls within the specific exemptions of subsection (6) ofthis section, this

chapter, or other statute which exempts or prohibits disclosure ofspecific information or records. To the extent 

required to prevent an unreasonable invasion ofpersonal privacy interests protected by this chapter, an agency shall 

delete identifying details in a manner consistent with this chapter when it makes available or publishes any public 

record; however, in each case, the justification for the deletion shall be explained fully in writing." 

12-INFECTIOUS DISEASE INFORMATION - These records contain medical information protected from 

disclosure and have been redacted per the following citation: 

RCW 70.24.105(1) - "No person may disclose or be compelled to disclose the identity ofany person who has 

investigated, considered, or requested a test or treatment for a sexually transmitted disease." 

RCW 42.56.070(1) - "Each agency, in accordance with published rules, shall make available for public inspection and 

copyingall public records, unless the record falls withinthe specific exemptions of subsection (6) ofthis section, this 


requiredto preventan unreasonable invasionof personalprivacyinterestsprotected by this chapter,an agencyshall 

delete identifyingdetails in a manner consistent with this chapter when it makes available or publishes any public 


13-JUVENILE HISTORY - These records contain information on a juvenile protected from disclosure and have been 

redacted or withheld in their entirety per the following citations: 

RCW 13.50.050 (3)- "All records otherthanthe official juvenile courtfileare confidential and maybe released only 

as provided in these sections, RCW 13.50.010, 13.40.215,4.24.550." 

RCW 42.56.070(1) - "Eachagency, in accordance withpublished rules, shallmakeavailable forpublic inspection and 

copying allpublic records, unless therecord falls within the specific exemptions of subsection (6)of thissection, this 

chapter, or otherstatute which exempts or prohibits disclosure of specific information or records. To the extent 

required toprevent anunreasonable invasion ofpersonal privacy interests protected bythischapter, anagency shall 

delete identifying details in a manner consistent with thischapter when it makes available or publishes anypublic 


14-LSI-R RISK ASSESSMENT TOOL - These records contain the LSI-R risk assessment tool protected from 

disclosure and withheld in its entirety per the following citations: 

RCW 42.56.240(1) - "Specific intelligence information andspecific investigative records compiled by investigative, 

lawenforcement, andpenology agencies, andstate agencies vested withtheresponsibility to discipline members ofany 

profession, thenondisclosure of which is essential to effective lawenforcement or for theprotection of anyperson's 


RCW 42.56.270(11) - "Proprietary data,tradesecrets, or otherinformation that relatesto: (a) A vendor's unique 

methodsof conducting business; (b) data unique to the product or services ofthe vendor; ...". 

15-MEDICAL/MENTAL HEALTH/CHEMICAL DEPENDENCY - These records contain medical information, 

mental health information, and/ordrugand/or alcohol information as it relates to diagnosis andtreatment protected 

from disclosure and have been redacted or withheld in their entirety per the following citations: 

RCW 70.02.020(1), "Except as authorized in RCW 70.02.050, a health careprovider, an individual who assists a health 

care provider inthe delivery of health care, oranagent and employee ofa health care provider may notdisclose health 

careinformation about a patientwithout the patient's written authorization. A patient's written authorization must 

conform to the authorization." 

RCW42.56.360(2), "Chapter 70.02 RCW appliesto publicinspection and copyingof health care information." 

42 CFR- "Recordsof the identity,diagnosis, prognosis, or treatment of any patient which are maintainedin 

connection with theperformance of anydrugabuse prevention function conducted, regulated, or directly or indirectly 

assisted byanydepartment or agency of the United States shall, except as provided in subsection (e)of thissection, be 

confidential..." 

RCW 70.96A.150(1)(3) - "(1) The registration and other records of treatmentprograms shall remainconfidential. 

Records may be disclosed (a)in accordance with thepriorwritten consent of thepatient with respect to whom such 

record is maintained, (b) if authorizedby an appropriate order of a court of competentjurisdiction granted after

application showinggood cause, (c) to complywith state laws mandatingthe reportingof suspectedchild abuseor 

neglect, or (d) whena patientcommitsa crimeon programpremises or againstprogram personnel,or threatens to do 

so." "(3) Nothing contained in this chapter relieves a person or firm from the requirements under federal regulations 

for the confidentiality ofalcohol and drug abuse patient records." 

RCW 42.56.070(1)- "Each agency, in accordance with published rules, shall make available for public inspection and 

copying all publicrecords,unless the record fallswithinthe specificexemptions of subsection(6) of this section,this 


requiredto preventan unreasonable invasionof personalprivacyinterestsprotectedby this chapter,an agencyshall 

delete identifyingdetails in a manner consistent with this chapter when it makes available or publishes any public 


16-MEDICAL- These records contain medical information as it relates to diagnosis and treatment protected from 

disclosure and have been redacted or withheld in their entirety per the following citations: 

RCW 70.02.020(1), "Except as authorizedin RCW 70.02.050, a health care provider, an individualwho assists a health 

careproviderin the deliveryofhealth care, or an agent and employeeof a health care provider may not disclosehealth 

care informationabout a patient without the patient's written authorization. A patient's written authorization must 

conform to the authorization." 

RCW 42.56.360(2),"Chapter 70.02 RCW applies to public inspection and copying ofhealth care information." 

17-NON-CONVICTION INFORMATION - These records contain non-conviction criminal history information 

protected from disclosure and have been redacted or withheld in their entirety per the following citations: 

RCW 10.97.080 - "No personshallbe allowed to retainor mechanically reproduce any nonconviction data exceptfor 

the purposeof challenge or correctionwhenthe person who is the subjectof the record asserts the belief in writingthat 

the information regarding such person is inaccurate or incomplete. The provisionsof chapter42.56 RCW shall not be 

construed to require or authorize copying ofnonconviction data for any other purpose." 

RCW42.56.070(1) - "Each agency, in accordancewith publishedrules, shall make available for public inspectionand 

copying all publicrecords, unlessthe recordfalls withinthe specific exemptions of subsection (6) of this section, this 

chapter, or otherstatute whichexempts or prohibits disclosure of specific information or records. To the extent 

required to prevent an unreasonable invasion of personal privacy interests protected by thischapter, an agency shall 

delete identifying details in a manner consistent withthischapter when it makes available or publishes anypublic 


18-SOCIAL SECURITY NUMBERS - These records contain social security numbers protected from disclosure and 

have been redacted per the following citations: 

Title 5. Section 552(a) United States Regulations. Annotated Sees 102. 301.106(1) 

RCW42.56.070(1) - "Each agency,in accordance with published rules, shall make availablefor public inspectionand 

copying all public records, unless the record falls within the specific exemptions of subsection (6) of thissection, this 

chapter, or otherstatute whichexempts or prohibits disclosure of specific information or records. To the extent 

required to prevent an unreasonable invasion of personal privacy interests protected by thischapter, an agency shall 

delete identifying details in a mannerconsistentwiththis chapterwhen it makesavailable or publishesany public 


19-SPECD7IC INTELLIGENCE INFORMATION - These records contain specific intelligence information 

protectedfromdisclosure and have been redactedor withheld in their entiretyper the followingcitation: 

RCW 42.56.240(1)- "Specific intelligence information and specific investigative records compiled by investigative, 

law enforcement, and penologyagencies, and state agenciesvested with the responsibility to discipline membersof any 

profession, the nondisclosure of which is essentialto effective law enforcement or for the protectionof any person's 


20-SECURITY AND SURVEILLANCE TAPES - These records contain information the disclosure ofwhich may 

compromise the safety and/or security ofpeople and/or a facility, and have been redacted or withheld in their entirety 

per the following citation: 

8

RCW42.56.420(2) - "Those portionscontaining specific and unique vulnerabilityassessmentsor specificand unique 

emergency andescape response plansat a city,county, or stateadultorjuvenilecorrectional facility, the public 

disclosure ofwhich would have a substantial likelihood ofthreatening the security ofa city, county, or state adult or 

juvenile correctional facility or any individual's safety." 

21-TEST QUESTIONS. SCORING KEYS. DATA FOR EMPLOYMENT & ACADEMIC EXAMS - These 

recordscontaintest questions, scoringkeys, and/or otherexamination data used to administera license,employment or 

academic examination, protectedfrom disclosure and have been redactedor withheldin their entiretyper the following 

citation: 

RCW 42.56.250(1) - "Test questions, scoring keys, and other examination data used to administer a license, 

employment, or academic examination" 

22-VICTIM AND/OR WITNESS - These records contain names or identifying information, the non-disclosure of 

whichis necessary for the protection of a witness, crime victim, or complainant, and have been redacted or withheld in 

their entirety per the following citations: 

RCW42.56.240(2) - "Informationrevealing the identityof personswho are witnessesto or victims of crimeor who 

file complaints withinvestigative, lawenforcement, or penology agencies, otherthan the commission, if disclosure 

wouldendangerany person's life, physicalsafety,or property. If at the time a complaintis filed the complainant, 

victim,or witnessindicatesa desire for disclosureor nondisclosure, such desire shall govern. However, all complaints 

filed with the commission about any electedofficialor candidate for public office must be made in writingand signed 

by the complainant under oath." 

RCW 42.56.240(5) - "Informationrevealingthe identityof child victimsof sexual assault who are under age eighteen. 

Identifying information means thechildvictim's name, address, location, photograph, and in casesin whichthe child 

victimis a relativeor stepchildof the allegedperpetrator, identification of the relationshipbetween the child and the 

alleged perpetrator." 

23-OTHER-

Robertson, Sandra K. 'Sandy' (DOC) 

From: 

Sent: 

To: 

Subject: 

Robertson, Sandra K. 'Sandy' (DOC) on behalf of Blonien, John 'Scott' 

Tuesday, April 07, 2009 3:12 PM 

Daniels, Karen R. (DOC) 

Accepted: Updated: Medical Marijuana Appeals 

000.001


Subject: 

Location: 

Start: 

End: 

Show Time As: 

Recurrence: 

Meeting Status: 

Required Attendees: 

Updated: Medical Marijuana Appeals 

Karen's Office 

Fri 4/17/2009 9:00 AM 

Fri 4/17/2009 10:00 AM 

Tentative 

(none) 

Not yet responded 

Daniels, Karen R. (DOC); Blonien, John 'Scott' 

000002

Page 1 of3 


^^ 

From: 

Sent: 

To: 

Subject: 


Thursday, December 11, 2008 2:10 PM 

Blonien, John 'Scott' 

FW: 12-1-08 Materials for Criminal Justice Summit Meeting 

Attachments: Reclassification of Possession of Marijuana.doc; Higher Ed Actrnj infraction.11.24.08.pdf;Concepts to 

Consider in Drafting a DWLS 3 Bill.doc; Reclassification_to_Class_2_CivilJnfraction_-_BILL_-_112808- 

11.doc; PROPOSAL ON DWLS 3 LEGISLATIVE CHANGE.doc; Proposed Consensus Statement on 

lncarceration.doc; Reduction of Inmate Population.doc; INCREASED USE OF OUT-OF-CUSTODY 

MONITORING FOR NON-VIOLENT OFFENDERS.DOC; 3-Strikes_Costs.doc; 3 strikes fiscalnote_5349.pdf 

As you requested... 

From: Blonien, John 'Scott' 

Sent: Monday, December 01, 2008 1:45 PM 

To: Robertson, Sandra K. 'Sandy' (DOC) 

Subject: FW: 12-1-08 Materials for Criminal Justice Summit Meeting 

Please print offand put into a file for me please for tonight. 

Thank You, 

John Scott Blonien 


Assistant Secretary for Government, 

Community Relations and Regulatory Compliance 

360-725-8889 

•jsblonien@DOC1.Wa.Gov 

From: Daniels, Karen R. (DOC) 


To: Blonien, John 'Scotf 

Subject: FW: 12-1-08 Materials for CriminalJustice Summit Meeting 

More information on the Summit meeting tonight. I talked to Christie and she was under the impression 

that Eldon was invited and was going to attend...Maybe he already assigned someone to go I'll check 

with Diane, kd 

Karen Daniels 

Assistant Secretary 

Community Corrections Division 

Department of Corrections 

7345 Underson Way SW 

Tumwater, WA 98504 

Office: 360-725-8787 

Ceih 360-791-7768 *-» 000003 

4/13/2009 .

Page 2 of3 

Fax: 360-586-0252 

email: krdaniels@docl.wa.gov 

From: Christie Hedman [mailto:hedman@defensenet.org] 


To: Daniels, Karen R. (DOC) 

Subject: FW: 12-1-08 Materials for Criminal Justice Summit Meeting 

Hi, Karen -1 plan to call you in a few minutes, but wanted to make sure you had this information regarding tonight's meeting. 

Christie Hedman 

• 

Executive Director 

Washington Defender Association 

From: Jackie McMurtrie [mailto:jackiem@u.washington.edu] 

Sent: Sunday, November 30, 2008 7:07 PM 

To: mboman@perkinscoie.com; jeo@wavecable.com; Robert Boruchowitz; jackiem@u.wash ington.edu; 

joanne.moore@opd.wa.gov; JeanS@SGC.WA.Gov; mpaja@co.kitsap.wa.us; richard.mcdermott@metrokc.gov; 

j_g.alexander@courts.wa.gov; j_s.owens@courts.wa.gov; rfitterer@co.grant.wa.us; Christie Hedman; 

anita.paulsen@defender.org; anne.daly@scraplaw.org; John Rodgers; pidduckj@ci.ellensburg.wa.us; awc@awcnet.org; 

tmcbride@waprosecutors.org; jarlow@waspc.org; dan.satterberg@kingcounty.gov; Gil.Kerlikowske@seattle.gov; 

sheriff@kingcounty.gov; Sheriff@SpokaneCounty.org; denist@co.whitman.wa.us; holme@co.thurston.wa.us; 

mark.larson@kingcounty.gov; david.hocraffer@kingcounty.gov; maryjane.ferguson@kingcounty.gov; 'Boerner, David1; 

"lkathy.lambert@kingcounty.gov."'@washington.edu; sophia.byrdmcsherry@opd.wa.gov; gails@wsba.org; 

,"mark@johnsonflora.com.,,,@washington.edu; exec.sims@kingcounty.gov; mmayor@spokanecity.org."*@washington.edu; 

mfarnell@spokanecounty.org; shaw@hq.aclu-wa.org; mfarnell@spokanecounty.org; ktesty@seattleu.edu; 

emartin@lawschool.gonzaga.edu; lawdean@u.washington.edu; DPierce@waspc.org; deborah.fleck@kingcounty.gov; 

mblair@jamsadr.com; claytjl@dshs.wa.gov; rgupta@wacounties.org; davidl@dr-wa.org; tarnmyf@awcnet.org; 

doldirector@dol.wa.gov; sheriff@co.chelan.wa.us; jeff.hall@courts.wa.gov; ejohnson@wacounties.org; tmconnorl@comcast.net; 

SulliCL@dshs.wa.gov; beth.co!gan@Columbial_egal.org; koconnor@spokanecounty.org 

Subject: 12-1-08 Materials for Criminal Justice Summit Meeting 

Attached please find proposals submitted to me for the group's consideration at the December 1st 

Criminal Justice Summit meeting (if you have additional proposals, please email them directly to 

the list): 

1) DWLS 3 

a. Concepts to Consider in Drafting a DWLS 3 Bill 

b. Proposal on DWLS 3 Legislative Change 

2) Corrections 

a. Reduction of Inmate Population 

b. Increased Use of Out-of-Custody Monitoring for Non-Violent Offenders 

c. Three-Strikes Costs 

d. Three Strikes Fiscal Note 

e. Proposed Consensus Statement on Incarceration 

3) Felony Theft 

a. Levels of Theft (Increasing Felony Theft & PSP levels) 

4) Marijuana 

a. Memo: Reclassification of Marijuana 

b. Memo: Higher Ed Act (Effect of infraction on federal financial aid) 

c. Bill: Reclassification of Marijuana to Class 2 Civil Infraction 

I am looking forward to our discussion. 

Thank you, 

4/13/2009 

'.•000004

Jackie McMurtrie 

Page 3 of3 

Jacqueline'McMurtrie, Associate Professor 

Director, Innocence Project NW C~inic 

University of Washington School of Law 

William H. Gates Hall, Suite 265 

P.O. Box 85110 

Seattle, WA 98145-1110 

PH: (206) -543-5780 FAX: (206) 685-2388 

http://www.law.washington.~du/.Clinics/IPNW/Default.aspx 

-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-* 

This communication may contain privileged or other confidential information. If you are not the 

intended recipient or believe that you may have received this communication in· error, please reply 

to the sender indicating that fact ~nd delete the copy you received. In addition, you should not 

print, copy, retransmit, disseminate, or otherwise use th~ infQrmation •. 

4113/2009 

~ ... 000005

Reclassification ofPossession of Marijuana 

Under current Washington law, possessing any amount ofmarijuana is a crime. The 

possession of 40 grams (1.4 ounces, roughly equivalent to two packs of cigarettes) or less is a 

misdemeanor and carries a mandatory minimum sentence of a day in jail plusa $250 fine.1 

In 2007,Washington law enforcementagencies reported 11,553 incidentsinvolving people 

18 years of age and older in which misdemeanor marijuana possession was the mostserious 

offense.2 Washington courts entered 3,638 misdemeanor marijuana convictions andimposed 

roughly 16,183 actual jail days.3 Ata statewide average cost of$334 per arrest, $757 per 

conviction, and$60.71 per jail day,4 Washington spent approximately $7.6 million in direct 

costs on cases involving misdemeanor possession of marijuana. 

In addition,misdemeanor marijuana convictions canimpose significant secondary costs such 

as loss ofemployment,5 housing6 and federal financial aid for college,7 and minority 

populations are arrested and prosecuted for these offenses at disproportionate rates.8 

The policy goal of discouraging marijuana use can bepromoted more efficiendy and fairly, 

and funds could be redirectedto the support of treatment services, by processing adult 

violations administratively. The key features of such anapproach wouldinclude the 

following: 

• Reclassification of possession of up to 40 grams of marijuana by a person at least 18 

years old from a misdemeanor toa class 1 civil infraction under chapter 7.80 RCW 

• Establishment of a uniform base penalty thatcan be paidvia mailupon receipt of a 

notice ofinfraction 

• Transmission of collected penalties to thestate treasurer's Criminal Justice 

Treatment Account, RCW 70.96A.350 

• Possession of marijuana by a person under 18 treated the same as a violation for 

being a minor in possession ofliquor, RCW 66.44.270(2)(a) 

1R.C.W. 69.50.4014, -.425. 

2Washington Association ofSheriffs and Police Chiefs, Crime in Washington 2007, anddata provided 

upon request. 

3Data provided bythe Washington State Patrol. 

4WASHINGTON STATE INSTITUTE FOR PUBLIC POLICY, Evidence-Based Public Policy Options to deduce Future Prison 

Construction, CriminalJustice Costs, and Crime Rates, p. 41, Ex. B.2 (2006). Figures are adjusted for 2007 dollars 

utilizing the Implicit Price Deflator (GDP) rate and computations performed at 

http://www.measuringworth.com/uscompare/. 

5In re Orr, Empl. Sec. Comm'r Dec.2d 795 (1987). 

«R.C.W. 59.18.075, 59.18.130; 42 U.S.C. §1437f(d)(l)(B)(iii). 

720U.S.C. §1091(r). 

8SeattleCity CouncilMarijuana Policy Review Panel, Final Report on theImplementation of 

Initiative 75 (2007); RYAN S. KING AND MARC MAUER,THE SENTENCING PROJECT, The War on Marijuana: The 

Transformation ofthe War on Drugs in the 1990s, p.9 (2005). 

GQO0T16

ACLU 

AMERICAN CIVIL LIBERTIES UNION 

o(.WASHIHGTON.„ „.. 

Date: November 18, 2008 

TO: 

FR: 

RE: 

Jennifer Shaw 

Alison Holcomb and Mark Cooke 

Higher Education Act Aid Elimination Penalty "Conviction" Definition 

A civil infraction for marijuana possession should notqualify as a controlled substance "conviction" 

for purposes ofthe Higher Education Act's Aid EUrnination Penalty. 20 U.S.C. sec. 1091 (r). 

Federal Authority 

The federal law states, inpertinent part, that "a student who is convicted ofany offense under any 

Federal or State law involving diepossession or sale ofa controlled substance ... shall not be 

eligible to receive any grant, loan, or work assistance."' The corresponding adrninistrative regulation, 

34CF.R sec. 668.40(a)(2), defines "conviction" as follows: "Forpurposes of this section, a 

conviction means only aconviction that is on a student's record. A conviction that was reversed, set 

aside, or removed from the student's record is not relevant for purposes ofdiis section, noris a 

determination of adjudication arising out ofa juvenile proceeding." 

A 2005 Government Accountability Report diat examines the law states that "the controlled 

substance offense may be either a felony or a misdemeanor." 

Wachingrton State Authority 

Washington State statutorily distinguishes between civil infractions and convictions. 

RCW 9.94A.030 defines "conviction"as follows: "Conviction means an adjudication of guilt 

pursuant toTides 10 or 13 RCW and includes averdict ofguilty, a finding ofguilty, and acceptance 

of a plea of guilty." 

Civil infractions are deemed "noncriminal," RCW 7.80.070(2)(b), and are"civil in nature," even if 

someone contests theinfraction and loses, RCW 7.80.130(1). Further, thelegislative finding for the 

civil infractionstatute states that "some misdemeanors should be decriminalized to allow resources 

ofthe legal system, such as judges, prosecutors, juries, and jails, to be used to punish serious criminal 

behavior, since acts characterized as criminal behavior have a tremendous fiscal impact on the legal 

system." RCW7.80.005. 

1The applicability of the law also depends on when the offense occurred, the number nnd types of offences (sale or 

possession), and whether the applicant has undergone rehabilitation. 

2GAO, Drug Offenders: Various Factors May Limit the Impacts ojFederal Laws That Providefor DenialofSelected Benefits (2005), p. 

51. Available at http://www.gao.gov/new.items/d05238.pdf 

705 2ND AVENUE. 3RD FL.. SEATTLE. WA 98104 

T/206.624.2184. F/206.62A.2190. WWW.ACLU-WA.ORG 

-• 000007

Washington State has tasked die Washington State Patrol with collecting and maintaining "criminal 

histor}'" for all persons convicted of offenses inthis state. RCW 43.43.700. "'Criminal history record 

information' includes, and shallbe restricted to identifying data and information recorded as the 

result of an arrest orother initiation ofcriminalproceedings and die consequentproceedings related 

diereto." RCW 43.43.705 (emphasis supplied). 

Conclusion 

Only a conviction that is onastudent's record will qualify for purposes ofthe federal Higher 

Education Act's Aid EliminationPenalty. Civil infractions in Washington State are civil in nature 

and noncriminal. Only information relating toarrest orinitiation ofcriminal proceedings isincluded 

on an individual's Washington State Patrol criminal history record. Therefore, a civil infraction for 

marijuana possession should notresult in astudent losing federal financial aid. 

Page 2 ol 2 

-• 000003

-XXXX.X 

BILL XXXX 

State of Washington 60th Legislature 2007 Regular Session 

By 

XXX 

Read first time XX/XX/2007. Referred to XXX 

1 AN ACT Reclassifying possession of forty grams or less of 

2 marijuana from a misdemeanor to a class 2 civil infraction; amending 

3 RCW 69.50.4014, 69.50.408, 69.50.412, and 10.31.100; creating a new 

4 section; and repealing RCW 69.50.425. 

5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 

6 Sec. 1. RCW 69.50.4014 and 2003 c 53 s 335 are each amended to 

•7 read as follows: 

8 (1) Except as provided in RCW 69.50.401 (2) (c) , any person under 

9 the age of eighteen years found guilty of possession of forty grams 

10 or less of marihuana is guilty of a misdemeanor. 

11 (2) Except as provided in RCW 69.50.401 (2) (c) and paragraph (1) 

12 of this section, any person found guilty of possession of forty grams 

13 or less of marihuana commits a class 2 civil infraction under chapter 

14 7.80 RCW with a monetary penalty of one hundred dollars. 

15 Sec. 2. RCW 69.50.408, 2003 c 53 s 341, 1989 c 8 s 3, and 1971 

16- ex.s. c 308 are each amended .to read as follows: 

17 (1) Any person convicted of a second or subsequent offense under 

18 this chapter may be imprisoned for a term up to twice the term 

19 otherwise authorized, fined an amount up to twice that otherwise 

20 authorized, or both. 

v*O00OP9 

p. 1 B XXXX

1 (2) For purposes of this section, an offense is considered a 

2 second or subsequent offense, if, prior to his or her conviction of 

3 the offense, the offender has at any time been convicted under this 

4 chapter or under any. statute of the United States or of any state 

5 relating to narcotic drugs, marihuana, depressant, stimulant, or 

6 hallucinogenic drugs. 

7 (3) This section does not apply to offenses under RCW 69.50.4013 

8 or RCW 69.50.4014. 

9 Sec. 3. RCW 69.50.412, 2002 c 213 s 1, and 1981 c 48 s 2 are 

10 each amended to read as follows: 

11 (1) It is unlawful for any person to use drug paraphernalia to 

12 plant, propagate, cultivate, grow; harvest, manufacture, compound, 

13 convert, produce, process, prepare, test, analyze, pack, repack, 

14 store, contain, conceal, inject, ingest, inhale; or otherwise 

15 introduce into the human body a controlled substance. Any person who 

16 violates, this subsection is guilty of a misdemeanor; except that any 

17 person eighteen years of age or older who violates this subsection in 

18 relation to an offense involving only marijuana and no other 

19 controlled substance commits a class 2 civil infraction under chapter 

20 7.80 RCW with a monetary penalty of one hundred dollars. 

21 (2) It is unlawful for any person to deliver, possess with 

22 intent to deliver, or manufacture with intent to deliver drug 

23 paraphernalia, knowing, or under circumstances where one reasonably 

24 should know, that it will be used to plant, propagate, cultivate, 

25 grow, harvest, manufacture, compound, convert, produce, process, 

26 prepare, test, analyze, pack, repack, store, contain, conceal, 

27 inject, ingest, inhale, or otherwise introduce into the human body a 

28 controlled substance. Any person who violates this subsection is 

29 guilty of a misdemeanor. 

30 (3) Any person eighteen years of age or over who violates 

31 subsection (2) of this section by delivering drug paraphernalia to a 

B XXXX P- 2 

-•000010

.1 person under eighteen years of age who is at least three years his 

2 junior is guilty of a gross misdemeanor. 

3 (4) It is unlawful for any person to place in any newspaper, 

4 magazine, handbill, or other publication any advertisement, knowing, 

5 or under circumstances where one reasonably should know, that the 

6 purpose of the advertisement, in whole or in part, is to promote the 

7 sale of objects designed or intended for use as drug paraphernalia. 

8 Any person who violates this subsection is guilty of a misdemeanor. 

9 (5) It is lawful for any person over the age of eighteen to 

10 possess sterile hypodermic syringes and needles for the purpose of 

11 reducing bloodborne diseases. 

12 NEW SECTION. Sec. 4. A new section is added to chapter 69.50 

13 to read as follows: 

14 All monetary penalties collected for class 2 civil infractions 

15 committed under RCW 69.50.4014(2) or RCW 69.50.412(1) shall be 

16 transmitted to the Criminal Justice Treatment Account established 

17 under RCW 70.96A.350. 

18 . Sec. 5. RCW 10.31.100, 2006 c 138 s 23, 2000 c 119 s 4, 1999 c 

19 184 s 14, 1997 c 66 s 10, and 19.96 c 248 s 4 are each amended to read 

20 as follows: 

21 A police officer having probable cause to believe that a person 

22 has committed or is committing a felony shall have the authority to 

23 arrest the person without a warrant. A police officer may arrest a 

24 person without a warrant for committing a misdemeanor or gross 

25 misdemeanor only when the offense is committed in the presence of the 

26 officer, except as provided in subsections (1) through (10) of this 

27 section. 

28 (1) Any police officer having probable cause to believe that a 

29 person has committed or is committing a misdemeanor or gross 

30 misdemeanor, involving physical harm or threats of harm to any person 

•> ooooil 

D. 3 B XXXX

1 or property or the unlawful taking of property—e-e—involving—fcke—t*se 

2 or possession—e4—cannabis, or involving the acquisition, possession, 

3 or consumption of alcohol by a person under the age of twenty-one 

4 years under RCW 66.44.270, or involving criminal trespass under RCW 

5 9A.52.070 or 9A.52.080, shall have the authority to arrest the 

6 person. 

7 (2) A police officer shall arrest and take into custody, pending 

8 release on bail, personal recognizance, or court order, a person 

9 without a warrant when the officer has probable cause to believe 

10 that: 

11 (a) An order has been issued of which the person has knowledge 

12 under RCW 26.44.063, or chapter 7.90, 10.99, 26.09, 26.10, 26.26, 

13 26.50, or 74.34 RCW restraining the person and the person has 

14 violated the terms of the order restraining the person from acts or 

15 threats of violence, or restraining the person from going onto the 

16 grounds of or entering a residence, workplace, school, or day care, 

17 or prohibiting the person from knowingly coming within, or knowingly 

18 remaining, within, a specified distance of a location or, in the case 

19 of an order issued under RCW 26.44.063, imposing any other 

20 restrictions or conditions upon the person; or 

21' (b) A foreign protection order, as defined in RCW 26.52.010, has 

22 been issued of which the person under restraint has knowledge and the 

23 person under restraint has violated a provision of the foreign 

24 protection order prohibiting the person under restraint from 

25 contacting or communicating with another person, or excluding the 

26 person under restraint from a residence, workplace, school, or day 

27 care, or prohibiting the person from knowingly coming within, or 

28 knowingly remaining within, a specified distance of a location, or a 

29 violation of any provision for which the foreign protection order 

30 specifically indicates that a violation will be a crime; or 

31 (c) The person is sixteen years or older and within the 

32 preceding four hours has assaulted a family or household member as 

B XXXX p. 4 

-• 000012

1 defined in RCW 10.99.020 and the officer believes: (i) A felonious 

2 assault has occurred; (ii) an assault has occurred which has resulted 

3 in bodily injury to the victim, whether the injury is observable by 

4 the responding officer or not; or (iii) that any physical action has 

5 occurred which was intended to pause another person reasonably to 

6 "fear imminent serious bodily injury or death. Bodily injury means 

7 physical pain, illness, or an impairment of physical condition. When 

8 the officer has probable cause to believe that family or household 

9 members have assaulted each other, the officer is not required to 

10 arrest both persons.. The officer shall arrest the person whom the 

11 officer believes to be the primary physical aggressor. In making this 

12 determination, the officer shall make every reasonable effort to 

13 consider: (i) The intent to protect victims of domestic violence 

14 under RCW 10.99.010; (ii) the comparative extent of injuries 

15 inflicted or serious threats creating fear of physical injury; and 

16 (iii) the history of domestic violence between the persons involved. 

17 (3f Any police officer having probable cause to believe that a 

18 person has committed or is committing a violation of any of the 

19 following traffic laws shall have the authority to arrest the person: 

20 (a) RCW 46.52.010, relating to duty on striking an unattended 

21 car or other property; 

22 (b) RCW 46.52.020, relating to duty in case of injury to or 

23 death of a person or damage to an attended vehicle; 

24 (c) RCW 46.61.500 or 46.61.530, relating to reckless .driving or 

25 racing of vehicles; 

26 (d) RCW 46.61.502 or 46.61.504, relating to persons under the 

27 influence of intoxicating liquor or drugs; 

28 (e) RCW 46.20.342, relating to driving a motor vehicle while 

29 operator's license is suspended or revoked; 

30 (f) RCW 46.61.524 9, relating to operating a motor vehicle in a 

31 negligent manner. 

32 (4) A law enforcement officer investigating' at the scene of a 

— 000013 

p. 5 B XXXX

1 motor vehicle accident may arrest the driver of a motor vehicle 

2 involved in the accident if the" officer has probable cause to believe 

3 that the driver has committed in connection with the accident a 

4 violation of any traffic law or regulation. 

5 (5) AnY police officer having probable cause to believe that a 

6 person has committed or is committing a violation of RCW 79A.60.040 

7 shall have the authority to arrest the person. 

8 (6) An officer may act upon the request of a law enforcement 

9 officer in whose presence a traffic infraction was committed, to 

10 stop, detain, arrest, or issue a notice of traffic infraction to the 

11 driver who is believed to have committed the infraction. The request 

12 by the witnessing officer shall give an officer the authqrity to take 

13 appropriate action under the laws of the state of Washington. 


15 person has committed or is committing any act of indecent exposure, 

16 as defined in RCW 9A.88.010, may arrest the person. 

17 (8) A police officer may arrest and take into custody, pending 

18 release on bail, personal recognizance, or court order, a person 

19 without a warrant when the officer has probable cause to believe that 

20 an order has been issued of which the person has knowledge under 

21 chapter 10.14 RCW and the person has violated the terms of that 

22 order. 


24 person has, within twenty-four hours of the alleged violation, 

25 committed, a violation of RCW 9A.50.020 may arrest such person. 

26 (10) A police officer having probable cause to believe that a 

27 person illegally possesses or illegally has possessed a firearm or 

28 other dangerous weapon on private or public elementary or secondary 

29 school premises shall have the authority to arrest the person. 

30 For purposes of this subsection, the term "firearm" has the 

31 meaning defined in RCW 9.41.010 and the term "dangerous weapon" has 

32 the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e) . 

B XXXX p. 6 

-•000014

1 (11) Except as specifically provided in subsections (2), (3), 

2 (4)/ and (6) of this section, nothing in this section extends or 

3 otherwise affects the powers of arrest prescribed in Title 46 RCW. 

4 (12) No police officer may be held criminally or civilly liable 

5 for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the 

6 police officer acts in good faith and without malice. 

7 NEW SECTION. Sec. 6. The following act or part of act is 

8 repealed: 

9 RCW 69.50.425 (Misdemeanor violations - Minimum penalties) and 

10 2002 c 175 s 44; 1989 c 271 s 105. 

END 

•-•000015 

p. 7 B XXXX


From: 

Sent: 

To: 

Subject: * FWf 

Attachments: 


Wednesday, March 25, 2009 2:26 PM 

Murphy, Sean M. (DOC) 

Sean, Scott also wants me to invite Ms. Hylton, so I'll be asking for her to participate. I'm going to try and schedule this for 

Monday, March 30, at 1:00. 

Thank you. 

Sandy Robertson 

Executive Assistant 

Government, Community Relations and 

Regulatory Compliance 


(360)725-8812 

From: 

Sent: 

To: 

Subject: 

Robertson, Sandra K.'Sandy'(DOC) 


Blonien. John^ 

FWl 

Scott, this is in follow-uptoanother phone call yesterday from Michelle Hylton, HHHHHH mother She was 

distraught and said thatHHisn't being medicated for his headaches, that he's submittinîtes daily regarding his high 

level of pain, and that hisxounselor (Karin Arnold)had threatened to send him to another facility because he drew a 

picture of a medical marijuana leaf. Ms. Hylton asked if you were going to grant an EMP and I told her that this was not an 

option. She also mentioned workinG^with Liz Merrick in Rep. Campbell's office; Ifollowed up with Liz and she is working on 

aclemency/pardon request foiflHj Liz said that she has assured Ms. Hylton that|^M is getting appropriate care. Liz 

asked whenVJIB release dateis- it is currently March 20.10. ^^^ 

Should I call Ms. Hylton and share the information below or would you prefer that I put it in writing Thank you. 


Executive Assistant < 




(360)725-8812 

From: 

Sent: 

To: 

Cc: 

Subject: 



Robertson, Sandra K. 'Sandy' (DOC); Wright, Earl X. (DOC); Van Boening, Ronald A. (DOC); McGinnis, James J. (DOC); Perry, 

Jeffrey B. (DOC) 

Arnold, Karin B. (DOC); Longano, FrankJ. (DOC) 

FW:I 

Looks like Mr|^|^BP needs are bein9 met-Tne offender is being treated appropriately as directed by Dr. Longano, 

and the mentaîealtnstaff are giving him the same consequences for his actions that were agreed upon when he was 

placed in the program. 

-•000016

Here is Dr Longano's report of Mr. ^Hi^rried issue and afollow-up email about his programming status. 

"Mr.^p^^dcurrently receiving treatment for his headache syndrome with two different medicines to beused as 

needed; ^ ; 

He has active prescriptions for both medicines. If he is havingtrouble refilling the medicines he can communicate that to 

the unit'nurse, his healthcare provider, myself, orthe pharmacy directly. He has made repeated requests for medical 

marijuana as his preferred headache treatment. He has been informed that this 

medication is not available for DOC providers to prescribe." 

Thanks 

Frank Longano 

Sean Murphy, Associate Superintendent 

McNeil Island Corrections Center 

P.O. Box 88900 MS WT-01 

Steilacoom, WA 98388-0900 

253-512-6620 

smmurphvffidocl .wa.gov 

From: 

Sent: 

To: 

Subject: 

Arnold, Karin B. (DOC) 

Wednesday, March 25, 2009 11:58 AM 

Murohv. Sean M. (DOC) 

In regards to your inquiry toOffenderHMHIHiK Inave spoken to the counselors in the unit regarding their 

interactions with him. Recently this offender has been logged for using inappropriate language and for drawjncyjiciures of 

marijuana leaves that he posts in his cell or shares with other offenders. The drawings were disposed by^|HH after 

staff requested, and new materials were given to him since he had made these drawings on state issued materials*It was 

explained to the offender that Lower A is a co-occurring disorders program, it is expected that the offenders here program 

^^ddrejs their chemical dependency issues as well astheir mental health issues. The same approach was used with 

•Hg as with any other offender in the unit, the option was explained to him that if he continues to fail to program with 

TulHmcRincere participation that hewould no longer be eligible for this unit and may be transferred to another unit or 

custody appropriate facility. These are the same terms that were discussed with him upon placement to the unit. Never 

was he threatened to be transferred off island due to drawing his medical marijuana, those come in pills and he was 

drawing leaves / plants. In addition I have requested that the counselors be clear in their statements to him regarding his 

disruptive behavior or failure to program and to chrono every interaction with him. 

I have attached the counselors statements. Please let me know if I can be of any further assistance. 

oooor

To K. Arnold: 

Iobserve^Mr.HHpin Peer Awareness, drawing on his work assignment. Offender 

Pm^was sitting next to him watching him. Offender-MM^Wis new to the 

unit. After the meeting I asked to see Mr. JHHMBwork. There was amarijuana leaf 

drawn on it. Itold Mr.flHmthat staff has brought it to his attention that this is a 

co-occuring program. Heisiiotsetting an example for the new offenderJ[|^^BB I 

told him that I did not want to see the marijuana drawings anymore. Staffreminded 

offendermmthat he came here to program. If this is not what you came here for, 

we can find a more appropriate unit for you. 

Submitted by 

Dawn Emery 

•*«00001S


From: 

Sent: 

To: 

Subject: 

Scannell, Sandra A. (DOC) 

Wednesday, March 25, 2009 11.06 AM 


Mr.1 

About 6 weeksago during a Therapeutic Community meetinglnoted Mr.|^HHhad drawn an apparent Marijuana leaf 

onthe cover of hisTC folder. After the meeting Ihad Mr.•••B come to my office where Itold him.that he is not to 

draw anything on his TC handbook because drawing on tneTJoTlWok is not allowed. Ifurther informed him that to draw a 

marijuana leaf on the notebook where it is seen by others is disrespectful to his peers as manyofthem are in recovery 

from drugs. I then exchanged his drawn on book coverfor a new one. Ithen informed his counselor, Ms. Emeryofthe 

drawing. 

Sandra Scannell MA 

Corrections Mental Health Counselor 3 

McNeil Island Corrections Center, Lower A Unit 

P.O. Box 88900 

Steilacoom, WA 98388 

(253) 588-5281 ext. 1623 

•* 000019


From: 

Sent: 

To: 

Subject: 



Blonien, John 'Scott' 

RE:| 

An even better idea! 

I'll make it happen... 






(360)725-8812 

From: 

Sent: 

To: 

Blonien, John 'Scoff • 


Robertsonândrajyjindy' (DOC) 

reMHHHH^Hk 

I was thinking about including Mom also 

Thank You, 





360-725-8889 

jsblonien@DOCl.Wa.Gov 

From: 

Sent: 

To: 

Subject: 



Bloc 

REJ 

That's a great idea. I'll get itscheduled; perhaps the group can also discuss a strategy on how to respond, as well as how 

to manage in the future... 

Thank you. 






(360) 725-8812 

From: 

Blonien, John'Scotf 

Sent: Wednesday, March 25,20091:56 PM *^** 00002"0

To: 


RE:M|HH|^H| 

Please put it in writing. Do you think we should arrange a conference call with all 

concerned to get to the bottom of this issue... 

Thank You, 





360-725-8889 


From: 

Sent: 

To: 

Subject: 



Blonien, John 'Scot 

FW:| 

Scott, this is in follow-ufôanother phone call yesterday from Michelle Hylton,•HH^J^^V mother. She was 

distraught and said thatHH isn't being medicated for his headaches, that heûbmittin^rces daily regarding his high 

level of pain, and that hiôunselor (Karin Arnold) had threatened to send him to another facility because he drew a 

picture of a medical marijuana leaf. Ms. Hylton asked if you were going to grant an EMP and Itold her that this was not an 

option. She also mentioned wbrkinawith Liz Merrick in Rep. Campbell's office; I followecUjb with Liz and she is working on 

a clemency/pardon request forMH Liz said that she has assured Ms. Hylton thatflHttgetting appropriate care. Liz 

asked whenBBjHrelease datei^ it is currently March 2010. ^^^^ 

Should I call Ms. Hylton and share the information below or would you prefer that I put it in writing Thank you. 






(360)725-8812 

From: 

Sent: 

To: 

Cc: 

Subject: 



Robertson, Sandra K. 'Sandy' (DOC); Wright, Earl X. (DOC); Van Boening, Ronald A. (DOC); McGinnis, James J. (DOC); Perry, 

Jeffrey B. (DOC) 

Arnold. Karin B. (DOC): Longano, Frank J. (DOC) 

FW:J 

Looks like MrHH needs are being met. The offender is being treated appropriately as directed by Dr. Longano, 

and the mental health staff are giving him the same consequences for his actions that were agreed upon when he was 

placed in the program. 

Here is Dr Longano's report of Mr. 

"Mr. 

needed. 

|med issue and a follow-up email about his programming status. 

|js currently receiving treatment for his headache syndrome with two different medicines to be used as 

He has active prescriptions for both medicines. If he is having trouble refilling the medicines he can communicate that to 

the unit nurse, his healthcare provider, myself, or the pharmacy directly. He has made repeated requests for medical 

000021

marijuana as his preferred headache treatment. He has been informed that this 

medication is not available for DOC providers to prescribe." 

Thanks 

Frank Longano 

Sean Murphy, Associate Superintendent 

McNeil Island Corrections Center 

P.O. Box 88900 MS WT-01 

Steilacoom, WA 98388-0900 

253-512-6620 

smmurphyffidoc1.wa.gov 

From: 

Sent: 

To: 

Subject: 


Wednesday, March 25, 2009 11:58 AM 

Murphy, Sean M. (DOC 

In regards to your inquiry to OffenderHÎ^^HHf Ihave spoken to the counselors in the unit regarding their 

interactions with him. Recently this ofrenaerhas been logged for using inappropriate language and for drawjncnDictures of 

marijuana leaves that he posts in his cell or shares with other offenders. The drawings were disposed byflflHHHafter 

staff requested, and new materials were given to him since he had made these drawings on state issued materials; It was, 

explained to the offender that Lower A is a co-occurring disorders program, it is expected that the offenders here program 

ioaddress their chemical dependency issues as well as their mental health issues. The same approach was used with 

•HHHfes with any other offender in the unit, the option was explained to him that ifhe continues to fail to program with 

TuoW^mCere participation that he would no longer be eligible for this unit and may be transferred to another unit or 

custody appropriate facility. These are the same terms that were discussed with him upon placement to the unit. Never 

was he threatened to be transferred off island due to drawing his medical marijuana, those come in pills and he was 

drawing leaves / plants. In addition I have requested that the counselors be clear in their statements to him regarding his 

disruptive behavior or failure to program and to chrono every interaction with him. 

I have attached the counselors statements. Please let me know if I can be of any further assistance. 

« File: ^^^^^^^^Hdoc » « Message:! 

000022

Page 1 of5 


From: Blonien, John 'Scott' 

Sent: Monday, December 01, 2008 11:49 AM 


Subject: RE: FW: My continueing story 

Send the MJ information to the supervising CCO..NI call Sizemore when I get a second. 

Thank You, 





360-725-8889 


From: Robertson, Sandra K. 'Sandy' (DOC) 


To: Blonien, John 'Scott 

Subject: FW: FW: My continueing story 

Scott, who should contact Ms. Sizemore - CCS Mike Ison or you/me 

Thank you. 

From: Miller, Sarah [mailto:Miller.Sarah@leg.wa.gov] 



Cc: Rolfes, Christine 

Subject: FW: FW: My continueing story 

Hi Sandra, 

As you can see below, Nora Sizemore would be happy to talk with you. It sounds like she'd like you to call her. 

Thanks again for your help with this. 

Sarah 

SMwh/MCller, MPA 

Repreteirt&XZA/e'ChrCttbê'Holfa 

23rd/VC4trCct 

360-786-7842 ^ 

••* 000023 

4/13/2009

Page 2 of 5. 

From: sizemorel8@comcast.net [mailto:sizemorel8@comcast.net] 

Sent: Tuesday, November 25, 2008 5:15 PM 

To: Miller, Sarah 

Subject: Re: FW: My continueing story 

Hi Sarah, 

Thank you so much for following up on this. Yes -1 would like to talk to Sandra. She can call me at 360-509-2853. 

Another concern that we have is Joe's father is apparently living with him. That wouldn't be a big deal but I'm toldthat 

dadhas a medical marijuana card. Ifthat is true man Joehas access to that drugas well as (obviously) dad's carto 

drive. Perhaps ifDOC is going to step up his supervision they will check that out. 

Have a wonderful Thanksgiving Sarah! 

Nora Sizemore 

Original message —— 

From: "Miller, Sarah" 

Hi Nora, 

We got a response from DOC to your email. As you can see, they'd like to follow up with you; I told them Iwould check 

to make sure that is ok with you. Ifyou want to send Sandra an email directly, that would be fine, or I can ask her to 

contact you. (I am assuming you are interested in talking to them!) 

Sarah 

S&raJv Mutter, MPA 

Le^^lcttLê'AiîiPtyntrtiT- 

Repre4ewJuttve'Chr£4tiJwKolfe4' 

23rd'VC#trCc£ 

360-786-7842 

From: Robertson, Sandra K. 'Sandy' (DOC) [mailto:skrobertson@DOCl.WA.GOV] 



Cc: Vail, Eldon W. (DOC); Blonien, John 'Scott'; Mendoza, Armando (DOC); Harris, Scott W. (DOC); Ison, Michael S. 

(DOC) 

Subject: RE: My continueing story 

Sarah, we have just completed our review. Thank you for bringing Ms. Sizemore's concerns relative to Mr. McCann's 

supervision to our attention. We have reviewed the allegations of Ms. Sizemore, as well as the supervision plan and 

chronological history of Joseph McCann #890235. Based on Mr. McCann's criminal history, immediate crime, and the 

Department's classification system, Mr. McCann had one of the lowest levels of supervision. We were aware of the 

October 8 incident and because this seemed to be an isolated incident, Mr. McCann was given a verbal reprimandhowever, 

that will now change. 

Now that we know he continues to drive, we are changing his supervision plan to monitor him more closely. Additionally, 

the Department would like to contact Ms. Sizemore directly, ifyou think that would be helpful. We certainly appreciate 

her insights on this situation and want to work with her to address any additional concerns she may have. 

Please let me know if you have any other questions. Thank you. 

••*» 0000:4 

4/13/2009

Page 3 of5 

From: Blonien, John 'Scott* 


To: 'Miller, Sarah' 

Cc: Robertson, Sandra K. 'Sandy' (DOC) 


Hi Sarah I hope all is well. Thankx for your patience...you should have it later today or 

tomorrow.:.the delay is my fault... 

Thank You; 


Departmentof Corrections 



360-725-8889 

jsblonien@DOCl .Wa.Gov 

From: Miller, Sarah [mailto:Miller.Sarah@leg.wa.gov] 


To: Blonien, John 'Scotf 

Subject: FW: My continueing story 

Hi Scott, 

Anything to report on this 

Thanks, 

Sarah 

From: Miller, Sarah 

Sent: Monday, November 17, 2008 1:47 PM 

To: 'jsblonien@docl.wa.gov' 


Thanks, Scott. Let me know ifthis isn't you, or ifyou need more info. 

SaraJvMCUer, MPA 

Legislative'AMitturvtto- 

RepretenXzUive'Chrtitb^&Rotyet* 

23rd/VCitrCct 

360-786-7842 

From: Rolfes, Rep. Christine 

Sent: Thursday, November 13, 2008 11:10 PM 



..aPfifin'^ 

4/13/2009

Can you take a look at Nora's issue and see ifyou can find someone in DOC or somewhere with some clout that can take 

care of this or tell us what law needs to be changed 

Page 4 of5 

From: sizemorel8@comcast.net [mailto:slzemorel8@comcast.net] 

Sent: Thursday/November 13, 2008 8:16 AM 

To: Rolfes, Rep. Christine 


Sure thats fine Christine. I'll keep you updated on whatever happens next. 

Thanks, 

Nora 

Original message 

From: "Rolfes, Rep. Christine" 

Nora -1 am thankful that you are on top of this. 

I don't know if this is a loophole in the law, or a misapplication of the law. Can I forward your e-mail to a couple 

of people in Olympia to bring this to their attention and get some feedback 

-Christine 

From: sizemorel8@comcast.net [mailto:sizemorel8@comcast.net] 

Sent: Wednesday, November 12, 2008 12:04 AM 

To: Rolfes, Rep. Christine 

Subject: My continueing story 

Hello Christine, 

First ofall congratulations on your reelection!!! Your the best!!! ;-) 

This is going to be rather long but I want you to know what ELSE has been happening and get your 

response. 

When Joseph McCann was convicted ofVeh.Hom and Assault DUI and sentenced on Dec. 22,2005, 

Judge Sally Olsen ordered him - Do not drive without a valid license, insurance and take a drivers 

education course. McCann signed that order and stated that he understood it. Simple enough to 

understand that for most of us. 

In August,^ÎHHI(surviving victim) witnessed Joe driving aFord Explorer in Silverdale. We 

understood that when Joe was convicted, his driving record would show that his privledge to drive is 

revoked until DOL is notified by DOC and we were told that he would not be able to apply for a license 

untill sometime between 2010 and 2013. So when fljpsaw him, he called 911 to report it with, the 

license plate and description. Nothing happened. 

On Oct. 14th, I saw him driving the same vehicle on Bainbridge. I went to the PD and reported it. The 

officer told me that when he looked up Joes driving abstract, all it said was that Joe has an expired • 

permit. The officer advised me to contact the Prosecutors office because something is wrong - the 

abstract should have said that he is revoked to drive and has a felony conviction and is under DOC 

Supervision (probation). So I contacted the prosecutor who did some checking and found that when 

Joe was convicted, for whatever reason, the clerks office failed to send a notice offelony conviction to 

the DOL. That was pretty upsetting but the prosecutor right away contacted DOL and got the record 

4/13/2009 LUU.U-U

straight. THEN -1 checked the Superior Court record for Joseph McCann and noticed that there was a 

drivinginfraction for him filed on Oct 9th, the weekbefore I saw him! Turns out that he was stopped 

for whatev er reason on t he 8th and cited for driving without a valid license. The thing is - ifthe DOL 

record were correct at that time - he would have been arrested for a probation violation, a crime, butinstead 

was only given the infraction. THEN I found out that he has to be given NOTICE that his 

privledge to driveis beingrevoked onDec. 18th 2008 - NOT NOW!!! I understand thatpeople have 

their privledge to drive suspended or revoked because they failed to pay fines or child support and the 

legislature made a law that those people haveto be given advance notice. In otherwords, people were 

drivingsuspended without knowing it -1 understand that decision in those cases. BUT why doesa 

felon convicted ofVehHom and Assault DUI who was ORDERED by a Judge, have to be given 60 

days advance notice by DOL thathecan't drive without a valid license It isnot thefault ofthe 

citizens that the clerks office messed up. 

 

Page 5 of5 

Joe is taking theNoVOL infraction to BI Muni Court on Dec. 3rdto contest it and getthefine reduced 

(I assume). MADD will be therefor thehearing. The prosecutor contacted Joes Community 

Corrections Officer about all ofthis -1 don't know what was said but the response the Pros, got from his 

CCO was so bad that the prosecutors office filed a complaintwith the CCOs supervisor. We were 

hoping thatDOC would citehim for a probation violation - butthey didn't do it and theprosectuor can't 

make them. 

Today I wason the Island(I workthere a lot) and I sawJoedriving like an idiot in the Safeway parking 

lot. Thistimehe was driving a different car. I gottheplate number, called 911 and wascontacted by 

an officer. I don't think they caught him. YET. Even after being ticketed it makes no difference to this 

guy. . 

I bet its not very good news to you that you have a person with his record living and continuingto drive 

in your neighborhood and the worse thing about it is - it's not a crime for him to do it until Dec. 18th. If 

he gets stopped again it is only a traffic infraction, (unless of course he is DUI again). I want you to 

think ofthe convicted felons under supervision in Seattle who drove impaired and killed the officers. I 

want to know exactly who will explain all ofthis to a family IF he kills or injures someone else when he 

should be sitting in jail with a probation violation. I will be the one in the backround saying "I told you 

so". I don't want to do that, neither do you. I'm really not a big fan ofthe IFS. But remember Dr. Erni 

Franz from BI who was hit on his bike by a DUI driver That guy is sitting in jail right now because he 

was arrested for DUI AGAIN! It happens all the time. 

I am afraid that Joseph McCann knows that it is not a big deal for him to continue to drive because he 

was already caught doing it without a serious consequence. In fact he is so arrogant that instead ofjust 

mailing in the payment for the ticket he is going to take it to court. I find that really frightening - he is a 

danger to all ofus without any respect for the law or the safety ofothers. 

Apparently, when Joe signed that order by Judge Olsen, it doesn't make any difference and doesn't 

mean a damn thing.. Ifa Judge orders a person to do something ie. DON'T DRIVE -1 thought that was 

the law. It's not. 

Thanks for listening Christine. Please consider that perhapsthis is an exampleof a loophole in the law 

that needs to change. When a Judge orders a drunk driving killer to not drive a car -1 think we all 

expect that order to be upheld and ifan offender doesn't follow that order they should be held 

accountable to every extent ofthe law. 

Nora Sizemore 

4/13/2009 

••-•00002


From: 

Sent: 

Vail, Eldon W. (DOC) 

Tuesday, November 11, 2008 5:39 PM 

T0. Lucas, Susan L. (DOC); Strange, Cheryl E. (DOC); Stewart, Belinda D. (DOC); Stern, Marc F. 

'Dir Hlth Svc' (DOC); Morse, LyleT. (DOC); Leftridge Byrd, Mary V. (DOC); Morgan, Richard 

L. 'Prison Director' (DOC); Blonien, John 'Scott'; Gozart, Diane K. (DOC); Doty, Denise H. 

(DOC); Bail, Kathryn S. (DOC); Haley, Donna (DOC); Daniels, Karen R. (DOC); Gastreich, 

Subject: 

Kathy E. (DOC) 

FW: APPA CC Headlines and More 

Original Message 

From: Diane Kincaid [mailto:dkincaid@csg.org] 

Sent: Tue 11/11/2008 10:45 AM 

To:'Vail, Eldon W. (DOC) 

Subject: APPA CC Headlines and More 

-.'*•••. 

 

Vol.06 No.21 

 

November 11, 2008 

 

APPA News 

THANK YOU VETERANS FOR YOUR SERVICE TO OUR NATION! VETERANS' DAY IS TODAY/ NOVEMBER 11. 

APPA's New Website is Coming! 

After many months of development, APPA is rolling out an entirely new website next week. 

When it goes live, you will need to log in with your email address and reset your 

password, which can be initiated from the homepage link "first time logging in". Then 

you'll be able to manage your account info, access members-only content, and take 

advantage of new functions of the website! For questions or problems with logging in, 

contact Susan Frank at sfrank@csg.org . 

Register how for the 2009 APPA Winter Training Institute! 

Don't forget to register by January 9, 2009 to take advantage of the early discounted 

rate. The 2009 APPA Winter Training Institute will feature over 40 workshops from experts 

in the correctional field. In addition, the APPA Resource Expo is filled with vendors from 

the areas of corrections, electronic monitoring and curriculum based fields just to name a 

few. Click here to register online , or contact Kris Chappell at (859) 244-8204. The Kingston Plantation/ 

Embassy Suites Hotel is the official property of the 2009 APPA Winter Training Institute. 

Reservations are now being accepted. Please indicate that you are attending the 2009 APPA 

Winter Training Institute to qualify for the special group rate.' You can register online 

by logging onto http://www.kingstonplantation.com and 

entering the special group/ convention code APP or by calling (800) 876-0010. 

Call for Presenters for the 34th Annual Training Institute in Anaheim, CA—August 23-26, 

2009 ,'. 

See two new job postings at the bottom of this page 

Pandemic Flu Tip #19: Collaborating Across Sectors and Jurisdictions 

Second Chance Act Preparatory Materials for Upcoming Grant Solicitations 

 

•v 000028

Congratulations to Cherie Townsend named Executive Director of the Texas Youth Commission. 

Cherie is a long-time APPA member and advocate for juveniles. APPA wishes her well in this 

new and challenging position! 

Juveniles 

Study finds that parents back alcohol screenings at pediatric exams 

 

Introduction to the Survey of Youth in Residential Placement 

 

- from OJJDP 

The Future of Children - from Princeton University's Brookings Institute - contains many good 

references on juveniles 

Victims 

Issues 

HATE CRIME STATISTICS 2007: Inside a National Scourge 

 

- from the FBI 

Foreclosures and Crime: A Geographical Perspective 

 

Public Safety 

- from Geography & 

Alcohol & Substance Abuse 

A new radio program from CSOSA features an interview with Deputy Secretary Paul Cook of 

the New Mexico Department of Public Safety and Capt. Gregory Toya of the Department of 

Public Safety/New Mexico State Police regarding a successful Driving While Intoxicated 

(DWI) program that reduced alcohol related deaths and accidents from third in the country 

to 17th. in the country. Click here to access the program. 

 

Alcoholic Anonymous celebrates 73 years 

 

From SAMHSA - November 5th Webcast is Now Available The Road to Recovery 2008: A Showcase 

of Events (Wrap Show) . In 

this program, we will look at the array of events conducted in communities, large and small 

as the country comes together in celebration of National Alcohol and Drug Addiction 

Recovery Month in September 2008. 

Major Report Finds Screening and Early Intervention Program used in Diverse Health Care 

Settings Dramatically Reduces Illicit Drug Use Among Patients 

 

Knucklehead News 

Driving pooch takes a spin 

Man accused in cold cut caper at Idaho store 

 

Something I don't want to see on the drive home 

 

Being this stupid isn't a crime, but maybe it should be 

 

Funding 

Two from NIJ - 

National Study of Collateral Consequences for Criminal Convictions 

 

Application Deadline: February 4, 2009, 11:59 p.m. eastern time. 

••*•» 000029

Evaluation of a Demonstration Program: Drug Testing, Certain and Swift Sanctions, and 

Treatment Referral for Chronic Drug Users Under Community Supervision 

 

Application Deadline: February 4, 2009, 11:59 p.m. eastern time. 

Training 

Evidence-Based Curricula and Facilitator Certification Training - learn more here 

! 

APPA 2009 Winter Training Institute in Myrtle Beach, SC - read all about it here 

. 

Free'on-line trainings offered by APPA - various topics available: 

Audio,teleconferences/webcasts 

Officer Safety 

Project Safe Neighborhoods 

Elder Abuse 

Domestic Violence 

APPA Specialized Training Series 

Announcements 

NLECTC releases Field Search for MAC users - FS-Mac will allow criminal, justice personnel 

to quickly and easily perform a scan of Macintosh computers which are becoming more and 

more prevalent. FS-Mac provides the same basic features and functionality that you have 

become accustomed to with the Field Search-Windows, products. Contact Joe Russo 

for more information. 

US Dept. of Labor Reentry Resources: 

Website 

Reentry resource page 

Additional materials 

New from the Justice Policy Institute - "Registering Harm: A Briefing Book on the Adam 

Walsh Act" 

New Resource: Law Enforcement Training Strategies for Responding to People with Mental 

Illnesses - from CSG's 

Justice Center 

Headlines 

Philippines 

Region 8 celebrates Nat'l Correctional Consciousness Week 

 

United States 

Hollywood producer may serve time 

for probation violations 

 

California 

Youth impact program uses exercise, positive thinking • 

 

Connecticut 

Graduating class wants to replace recidivism with hopeful futures 

 

Idaho 

Keeping streets safe 

000030

Iowa 

Appeals court sides with district court in officer's case 

 

Massachusetts 

Sex offender tracking program offers false sense of security 

 

Montana 

Court favors offender use of medical marijuana 

 

New Hampshire 

Juvenile programs may face cuts 

Pennsylvania 

Judge working to stop repeat DUI offenders 

 

West 

Virginia 

POs to supervise sex offenders under new law 

 

Job Postings 

Deputy Director of Juvenile Division 

Ramsey County—St. Paul, MN ' 

Closing date: continuous 

Director of Juvenile Services Department 

Washington County, OR 

Deadline: until filled 

Details on how to post jobs in this newsletter and reach thousands of potential candidates 

at an incredibly low cost of just $75 per issue can be found here! 

Sponsor Profile 

If your company's information is not here, you are missing out on one of the best 

opportunities to get your name in front of thousands of community corrections 

professionals! Learn more about sponsoring this e-newsletter, 

 

 

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See how sponsorship of this e-newsletter works, 

 

 

 

If your ad isn't here, you are missing one of the best opportunities to get your message 

to your target audience! Click here for details, specs and rates 

(1(1009 1

See our newest members! 

 

 

Free download: Functional Standards Development for Automated Case Management Systems 

 

 

Other Resources 

Reentry Policy Council Newsletter 

NIJ Journal 

Washington Weekly Roundup 

Reentry Policy Council Newsletter , 

 

OJJDP News at a Glance 

JustNet News 

from NLECTC 

ATT.Cs Eye on the Field 

Behavioral 

Health Headlines 

National Institute of Corrections 

Services & Resources for Community Corrections 

 

Would you like to sponsor, advertise, or post a job 

More info 

Would you like to receive this e-newsletter 

Join APPA! 

Looking for past issues 

Visit the CC Archives 

 

CC Headlines is published by APPA. Direct questions or comments to : • 

dkincaid@csg.org 

(859) 244-8196 

If you would like to be removed from this and all APPA email lists, please send a message 

to: 

APPA_Opt_Out > 

-:• 000032

If 'you are not already a member, we would like to invite you. to join APPA. 

flease .visit us 'at http://www.appa-net.org . 

-. . 

6 

" . 

.


From: 

Sent: 

To: '* 

Subject: 

Blonien, John "Scott" (DOC) 

Friday, October 24, 2008 10:58 AM 


RE: Rep. Dennis Flannigan 

Please do, but keep it on the radar... 

Thank You, 




CommunityRelations and Regulatory Compliance 

360-725-8889 

jsblonien@DOC1.Wa.Gov 

From: 

Sent: 

To:. 

Subject: 


Thursday, October 23, 2008 11:53 AM 


.Rep. Dennis Flannigan 

Scott, Brac^roiT^heRejjffi|!n^ 

office left avoice message on Monday of this week; he and Ispoke this morning. 

OffenderflH^HmmiP;a!led their office and was very frustrated that the Department has not approved his 

request tous^neaicinaunanjua^ 

Offender|^^BBBalleges OrfenderjH^HHaiieges he ne was arrested in beptemoer September just because oecause he ne had naa asmalla amount ofmariiuana. otmaniuana, even though thougri 

hisdoctonTasgiveri his written approval. Brad would like us to look into this and to contact Mr.HBHHdirectly atJHB| 

Hm|Then, Brad would like us to call him (253-593-2345) and let him know the outcome oWuraecision and our^^^ 

Conversation with Mr.l^HI^Mli 

Ichecked with CCO Lynne Hudson; shesaid that Mr.flHH|| was arrested in September because ther^^^^^ ler^wasboth 

marijuana and oxycontin in his room. CCO Hudson said that Karen Daniels is currently considering Mr |HHHiaPPea' 

ofour denial of his request to use medicinal marijuana. Iunderstand that Karen has requested a meetinîtnyouand ing witn ai Dr. 

Stem to discuss this case and the appeal. 

Isuggest that, after you meet with Karen and Marc, someone (you, me, Karen) call Mrflfl|Hftmd then Ican followup 

with Brad. 

^^^^^» 





(360)725-8812 

000034


From: 


Sent: 

Wednesday, October 15, 2008 4:43 PM 

To: Vail, Eldon W. (DOC) , 

Cc: 


Subject: 

Daily Legislative Tracking 

Eldon, we received three legislative inquiries today, as follows. 

Senator Dale Brandland's office received a letter from offender Richard Plechner #975117 (at CBCC) who is concerned 

that he hasn't received any education or re-entry programs and will be released in 30 days. We have asked Dan Pachoike 

to look into this for us. 

Senator Cheryl Pflug's office received aletter from offepderH^^^^fljHHHât MCC) who wants to have medical 

marijuana available in prison. The Senator asked which city Mr^HHesided in prior to incarceration. We found that 

his prior residence was in WallaWalla, which is not within Senator Pflug's district; therefore, the letter will be forwarded to 

the appropriate legislative office. 

Rep. Dan Kristiansen's office forwarded an email from Diana Sprouse, mother of offender Gregory Bowles #855386, 

alleging abuse by staff. This has been forwarded to Scott. 

Thank you. 





(360)725-8812 

••'*" 000035


From: 

Sent: 

To: 

Subject: 




RE: Senator Pflug's office 

Thank You, 





360-725-8889 


From: 

Sent: 

To: 

Subject: 

Robertson, Sandra K. 'Sandy1 (DOC) 



Senator Pflug'soffice 

Scott, the Senator received aletter from offendertH^H^^^^HHH wno wants to have medical marijuana 

available in prisons. The Senator's staff asked which city MrflJ^livedin prior to incarceration. The Records Office at 

Monroe Correctional Complex reviewed the records. Mr. AguiTar's address was in Walla Walla from 2/07 until his arrest in 

12/07. I shared this information with the staff person and she will forward this inquiry to the appropriate legislator in Walla 

Walla County. 





(360)725-8812 

•• 000036


From: 

Sent: 

To: 

Subject: 

FollowUp Flag: 

Due By: 

Flag Status: 

Ramsdell-Gilkey, Lori M (DOC) 

Monday, October 13, 2008 9:42 AM 

Robertson, Sandra K.'Sandy'(DOC) 

FW: Hearings Meetings 

Follow up 

Tuesday, October 21, 2008 12:00 AM 

Red 

One thing I would really like Scott to talkabout in the 3 mini statewide's isthe medical marijuana issue/policy. 

Discussions were held and policy made that I knew nothing about so I have been unable to address it fully with my 

staff. I also thinka discussion on wherewe want to go with the appeals process would be appropriate for him and 

Donna to lead. Plus some rah,rah you're doing a great job etc. Which I know he will do anyway :) 

From: 

Sent: 

To: 

Subject: 


Monday, October 13, 2008 9:21 AM 

Robertson, Sandra K. 'Sandy* (DOC) 

RE: Hearings Meetings 

The 10/23 meeting involves a couple of hoursof training that Donna Mullen and I and Scott would be presenting 

to the Eastside CCS's and FA's. It is in the Moses Lake field office. 

10/28 is the mini statewide Hearings Unit meeting for the NW area and it is taking place in the Everett Field 

Office Conference room. I believe we are scheduled to beginat 8:30 and go until 4:30. 

10/29 is the mini statewide in'the SWarea and will take place in the Regional Office in Lacey. 

10/31 is the mini statewide for the Eastside Hearings staff and will take place in the Moses Lakefield office. 

Donna Mullen/Rebecca and I will be driving over the night before. 

I don't think that Scott needs to be present for the entire day for any of these meetings if his schedule is 

packed. We can arrange to have him go first on our Statewide Meeting Agenda and get him out by 11 am. 

From: 

Robertson, Sandra K. 'Sand/ (DOC) 

Sent: 

Friday, October 10, 2008-9:11 AM 

To: 


Subject: Hearings Meetings -w 

Lori, I'm looking for some additional information on these upcoming meetings. I knowthat 10/23 is in Moses Lake; 

can you please tell me the locations of the meetings on 10/28,10/29, and 10/31 Thank you. 





(360)725-8812 

000037


From: 

Sent: 

To: 

Subject: 

Distefano, Monica J. (DOC) 

Wednesday, November 05, 2008 10:46 AM 

i, Sandra K. 'Sandy' (DOC) 

fletter use of Mj 10 29 08.pdf 

jyOl



P.O. Box 41126 • Olympia, Washington 98504-1126 

October 29,2008 

facoma, WA 98404 

RE: Appeal for Medical Use ofMarijuana 

Dear Mr. 

I have received your offender file aswell as yourappeal for Medical Use ofMarijuana 

submitted by Dr. Scott L. Havsy, and received in my officeon October 29, 2008. 

In the interest ofpublic safety and protection ofthe communityat large, I find your request 

for Medical Use ofMarijuana, while underthe supervision ofthe-DepartmentofCorrections, 

is denied. 

I would encourage you to continueto program in a positivemanner, following the direction 

ofyourassigned CCO and yourconditions ofsupervision. 

Sincerely, 

Karen Daniels, Assistant Secretary 


cc: CCO Lynne Hudson 

000039


From: 

Sent: 

To: 

Subject: 

Prichard, Kendra A. (DOC) 

Tuesday, March 03, 2009 11:12 AM 

Ramsdell-Gilkey, Lori M (DOC); Ballard, Michelle A. (DOC) 

RE: Medical Marijuana Form 

Yeah after speaking with the offender today and a few days ago, I could tell his stories 

didn't match up with him getting the pills from the UW medical center. 

Kendra Prichard 

Community Corrections Officer 

Tri-Cities Annex DOC 

500 N. Morain Suite 1100 

Kennewick, WA 99336 

Phone: (509) 734-5646 

Fax: (509) 734-7119 

-Original Message 

From: Ramsdell-Gilkey, Lori M (DOC) 

Sent: Tuesday, March 03, 2009 10:43 AM 

To: Ballard, Michelle A. (DOC) 

Cc: Prichard, Kendra A. (DOC) 

Subject: RE: Medical Marijuana Form 

I- talked to the UW Medical Center Pharmacy and they stated that they do not provide 

Marinol pills to anyone without a valid doctors prescription for Marinol. The attached 

form is not a prescription and they would not accept it. They also do not distribute 

Medical Marijuana in plant form. They said they get a lot of calls about it though. So 

••••^•B was most likely lying when he said they gave him 3 months worth of pills. 

--Original Message -- 

From: Ballard, Michelle A. (DOC) 


To: Ramsdell-Gilkey, Lori M (DOC) 


Katti has been out and should be back tomorrow. What we are hearing is offenders are able 

to take that sheet to Shopko, Costco or Rite Aid and obtain merinol without going to a 

primary care physician. Whether that is true, who knows. 






Right, this is a form for allowing folks to actually use/possess the green leafy plant. It 

is not a prescription because there is no such thing. Prescribing Marinol however is 

different. It is a true prescription drug and requires a scrip to take to the pharmacy toget 

filled. Do you have the name and DOC# of the other offender you thought had gone 

through the paperwork process to get approved/denied 


From: Ballard, Michelle A. (DOC) 



Subject: FW: Medical Marijuana Form 


From: Prichard, Kendra A. (DOC) 

i »."000040


.To: Ballard, Michelle A. (DOC) 



community Corrections Officer 


500 N.·~orainSuite 1100 

Kennewidk~ WA,99336 


Fax.: (509) 734-7119 

---~-original Message----- 

From:, copier@doc1. wa. gov [mail to: copier@doc1 .. wa. gov] 

Sent: Tuesday,' March 03, 2009 10:18 AM 

To: Prichard, Kendra A. (POC) 

Subj'e~t: Scanned i~age from DOC1pKEN1104 

Reply to: copier@doc1.wa.gov Device Name: DOC1pKEN1104 Device Model: 

MX-3100N 

Location: 142 Tri-CitiesAnnex Community Corrections Office 

File Format: PDF MMR(G4) 

Resolution: 200dpi x 200dpi 

Attached file is scanned image in PDF format. 

Use Acrobat(R)Reader or Adobe(R)Reader(TM) of Adobe Systems Incorporated to view the 

document. 

Acrobat(R)Reader or Adobe (R)Reader(TM) can be downloaded from the following URL: 

Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader, are registered trademarks 

or trademarks of Adobe Systems Incorporated in the United States and other countries. 

http://www.adobe.com/ 

2 ".-1 000041


From: 

Sent: 

To: 

Subject: 

Attachments: 

Ballard, Michelle A. (DOC) 

Tuesday, March 03, 2009 10:20 AM 


FW: Medical Marijuana Form 

copier@doc1 .wa.gov_200903b3_101742.pdf 

copier@docl.wa.go 

v_2O090303_10... 


From: Prichard, Kendra A. (DOC) 





Community Corrections Officer 


500 N. Morain Suite 1100 

Kennewick, WA 99336 


Fax: (509) 734-7119 

__ Original Message 

From: copier@docl.wa.gov [mailto:copier@docl.wa.gov] 


To: Prichard, Kendra A. (DOC) 

Subject:.Scanned image from DOClpKEN1104 

Reply to: copier@docl.wa.gov Device Name: DOClpKEN1104 Device Model: 

MX-3100N - 

Location: 142 Tri-Cities Annex Community Corrections Office 

• y

THCF Medical Clinics 

1813, 13.0~h Ave~ NE. #210' 

8'ellevue~WA 98005 ". 

Ph,one: 425~a69i6i86 'or 800-723~-Ol&t88 

"' Fax: 4'25''':869"'';63"78 

"...' ww~.t~c-fo.un·dat.io~.org ,·www.hemp.org· . 

. Do~umentatlon of Me.~~~a~~~thori~~lon to Pos_~es~'Marijuana for Medical 

'. ,·'p'u.rposes in Washington State.'. - ." 

The text of this form wa~ rec,nim'erd~c;I by tbe Washington State Medical Association. 

" 

Patient Name: ' Date of Birth: ()5~ 09 --71$ 

I, Tho~as Orvald, am a' physici'~h iice~.~ed. in the State of Washington. I am treating the 

above ~a~ed patient fo~a terminal Hlnessor a debilltatlngcondition·.as defined in ~he RCW 

69.lA.010·~ J have adVised the above named patient about the pote~t'al.risks and'benefits of 

the the medical use of mariju.ana. I haveass'essed the abov,e named patlentls medical h1story 

arid me.dic;al: conditio!'. It is my J"Dedica1 opinion that the potential benefits'cif the medical use of 

marljLiana would likely outweigh the heal~h risks for this patient. 

Signature of Physidan: ~ ~ VtJ.!!.c(e. CVl :c 

Thomas O~ MD WA # MD 00016180 

Today's Dat~ltl~ ao .c:xt:f:J 

R~sks and 'benefits of medical marlju~na: 

Expiratl~n Date:>:J2IAf\Ala~ ;C) ab\Ci 

\ Under: Washington -state law, the use of medical marijuana is now permissible for some patients 

with terminal or debilitating I1Inesses: The laws regulati'on this (RCW 69.51A.) alloY"s phys'c1~n's 

to'advise patients about the risks and benefits of the medical ~s~ of marijuana. 

The medical and scientific evidence supporting the use of medical marIjuana remains· 

. controversial in the medi~al community. Not all health care providers believe that,medical 

marijuana is safe or effective and some providers feel that it is a dangerous drug.' 

According to the Washington state law the benefits of medical mariJuan~ may Include treating 

nausea and'vomiting from chem.otherapy; AIDS wasting syndrome; severe muscle spasms from 

multiple sclerosis or other,spasticlty disorders; glaucoma;· and some types of intractable patn. 

Some of the risks of medjcal marijuana may Include possible long-term effects of the brain in the 

areas of memory, coordination and' cognition; impairment of the lbillty to drive or operate heavy 

r:nachinery; respiratory damage; possible lung cancer; physical or psychological dependence . 

.... ·000043

Page 1 of 1 


From: 

Sent: 

Evans, Cly F. (DOC) 

Friday, February 27,2009 12:21 PM 

To- 


Subject: Medicinal Useof Marijuana Form 14-053 

Attachments: Medicinal Use of Marijuana Form 14-053.doc 

I reviewed the "medical marijuana verification" policy and attachments, and admin bulletins. Ialso 

talked with Carol, Barb, and Jeff. Our observation isthat paragraph 4 of the attached form to the 

provider says thatthe only thing weapprove for use is "oral synthetic formulation ofmarijuana" 

which Itake to mean marinol. I can't find that terminology stated in any of the other medical' 

marijuana documents. Now that Ihave been thinking about it Idovaguely remember hearing Karen 

say at some meeting shewas speaking at that all DOC was going to approve wasmarinol. Ican't 

picture where that was, butthink it must have been at the meeting at CRCC where she spoke to 

Supervisors back about a yearago. Ihave only heard hertalka couple oftimes, 

cly 

••-"000044 

4/13/2009

OFFENDER I.D. DATA: 



Medicinal Use of Marijuana Verification 

To be filled but by CCO: 

Patient's Name Date of Birth DOC Number 

To be filled out by Prescriber: 

Dear Prescriber, 

By state statute the Washington State Department ofCorrections is charged with the responsibility tosupervise some 

offenders afterthey have been convicted ofa felony. The abovenamed patient is currently undersupervision by the 

Department. Supervision is designed to help the offender avoid those environments orsituations that lead to their criminal 

behavior. Often illicit drug use is a contributing factor in an individual's criminality. Accordingly it's usual that the court or 

the Department ofCorrections will impose a condition ofsupervision thatthe offender not use, or possess illicit drugs, 

including marijuana; This offender has claimed thatthey have a condition for which the medicinal use ofmarijuana has 

been prescribed The below verification istodetermine the legitimacy oftheir claim. Thank you in advance for your ' 

assistance. If you have questions please feel free to personally contact the Medical Director ofthe Department at (360) 

725-8700. - 

1. 

Is this patient under your care O Yes • No 

2. Are you prescribing medical marijuana for his patient due to a diagnosis of Acquired r-i Yes rn No 

. Immunodeficiency Syndrome (AIDS) 

a. If the answer to question 2 is"Yes", does he/she have anorexia DYes D No 

b. If the answer to question 2a is"Yes", does he/she have weight loss • Yes . • No 

3. Are you prescribing medical marijuana for this patient due to nausea and vomiting associated r-i yes rn No 

with cancer chemotherapy 

a. If the answer to question 3 is "Yes", has the patient failed to respond to conventional n Yes D No 

antiemetic treatments 

b. If the answer to question 3a is "Yes", please describe what those treatments were (medication, dose, 

duration): 

c. What is the planned schedule of chemotherapy 

4. Whileon community supervision ("parole") the Department of Corrections only authorizes the 

useofthe oral synthetic formulation of marijuana. If the Department authorizes this patient's • Yes • No 

use of medical marijuana, will you be prescribing only the oral synthetic formulation 

5. The patient's accompanying Release of Information authorizes you to provide the 

Department with current and future information related to this issue. Do you agree to notify j—• Yeg r-i Nq 

the Department's Medical Director of any changes in your answers above 

Prescriber's Name (Print) Prescriber's Signature Date 

License #: License type: • 

Prescriber's Address PhoneNumber ___ . 

DOC 14-053 (05/16/08) DOC 380.200 ,_ 

r • -• 000045

Prescriber: please return this form and the patient's Release of Information to: 

Medical Director 

Health Services Division 

Washington State Department ofCorrections 

PO Box 41123 

01ympia,WA 98504-2113 

To be filled out by DOC Physician: 

I have reviewed this verification form and find that use ofmedical marijuana by this patient 

(check one) | • is • is not 

consistent with DOC Policy. 

Physician's Name (Print) ' Physician's Signature Date 

Instructions to DOC Physician: 

When form is complete: 

1. Email your finding above to theAssistant Secretary for Community Corrections 

2. File thisform and the accompanying Release ofInformation in Liberty as a Community Corrections Health Record. 

State layv (RCW 70.02; RCW 70.24.105; RCW 71.05.390) and/orfederalregulations (42 CFR Part2; 45 CFRPart164)prohibit disclosure of 

this information without thespecificwritten consent ofthe personto whom itpertains, oras otherwise permitted bylaw. 

-o 000046 

DOC 14-053 (05/16/08) DOC 380.200


From: * Ramsdell-Gilkey, Lori M (DOC) , 

Sent: 

Thursday, March 05, 2009 11:51 AM 

To: 

Bbnien, John'Scott' 

Subject: RE: Marinol v 

• , ° • - * • •."•'•"'-"•>• 

And should I tell them in so many words that they should not honor a CCO's directive to an offender not to take 

Marinol" 

From: Blonien, John 'Scott1 . 

Sent: 


To: ; 

Ramsdell-Gilkey, Lori M(DOC) 

Subject: 

RE: Marinol 

Great.I must be loosing it, because Karen and Ken have two different recollections 

about this issue than I. At any rate, if an offender has a prescription for marinol and 

there is no evidence that a dirty UA is the result of smoking leaf MJ (i.e. a pipe 

close by or a roach or ) then we don't tag them. We should instruct our HOs 

that if an offender is there because of a dirty UA and they have a prescription for 

Marinaol and there is no other evidence of they using leaf MJ we shouldn't find 

them guilty... 

Thank You, 





360-725-8889 


' 

From: 

Sent: 

To: 

Subject: 



Blonien, John 'Scotf 

RE: Marinol 

How did the 

meeting go today 

From:' 

Sent: 

To: 

Cc: 

Subject: 

Blonien, John 'Scotf 




Marinol 

Karen I hope this finds you well. Karen I am told that there continues to be some 

confusion about the use by prescription of marinol. It appears that some CCOs 

believe that in order for an offender to use marinol they must go through the 

"exception review" that we have developed for the use of leaf MJ for medicinal 

uses. Unlike leaf MJ if an offender has a prescription for Marinol a synthetic from 

^00004*

of THC we cannot regulate, limit or prohibit it's use. Accordingly we have no 

authority to require the offender who has a prescription for marinol to go through 

our exception review. While I do understand that if an offender is using marinol 

they wiHtest positive for THC unless we have firm evidence that the positive 

reading is from the use of leaf MJ rather than marinol we may not cite nor violate 

them. I hope this helps. If we can help spread the word, please let me know. 

Thank You, 





360-725-8889 


♦•^00(M§


From: 


Sent: Tuesday,.March 17, 2009 2:29 PM r 

7o; Blonien, John 'Scott' 

Subject: 

Ellig, David 

Attachments: 

09-233.doc 

Scott, please open and review this document and give me your blessing or input. I need to explain why I am 

dismissing the medical marijuana allegations without going too far. I will be here tomorrow if you have a minute to 

discuss. 

09-233.doc (103 

KB) 

«•*« DDD049



HEARING AND DECISION SUMMARY 

RELEASE FROM DOC CUSTODY/CONFINEMENT: DYES D NO (See Confinement Order DOC 09-238) 

OFFENDER NAME (LAST, FIRST) DOC# RMI/LSI DATE OF BIRTH 

Moderate Risk 

cause number(S) CR 07-218 Wasco Co. Oregon 

**MODIFIED HEARING & DECISION SUMMARY** 

OFFENDER STATUS D CCl DCCP DCCJ DCCM D DOSA DW/R FOS 

DATE OF HEARING 01-20-09 

LOCATION OF HEARING 

CCO NAME Kendra Prichard 

OTHER PARTICIPANTS Kathy Breese CDP 

Benton Co Jail 

WAIVED APPEARANCE DYES S NO 

COMPETENCY CONCERN D YES S NO 

WAIVED 24 HOUR NOTICE DYES S NO 

INTERPRETER/STAFF ASSISTANT • YES ^ NO 

PRELIMINARY MATTERS: 

None noted. 

1)Attempting to falsify UA bysubmitting diluted specimen on orabout12/2/08 

2) Failing to follow CCO's directive bytaking Marinol pill on or about12/8/08 

3) Failing to report to the Dept ofCorrections as directed on 12/16/08 

4) Using a controlled substance, marijuana/Marinol on orabout 12/17/08 

5)Failing tofollow CCO's directive by using a controlled substance, marijuana/Marinol on 

or about 12/17/08 

6) Using a controlled substance, marijuana/Marinol on orabout12/31/08 

7) Failing to follow CCO's directive by using a controlled substance, marijuana/Marinol on 

or about 12/31/08 

NG 

NG 

Guilty 

NG 

NG 

NG 

NG 

Guilty 

DISMISSED 

Guilty 

DISMISSED 

DISMISSED 

DISMISSED 

DISMISSED 

evidenceJeliepoipon (LIST)#». 

:ft$fe# 

:,/'Y, ;•'•'••; 

••--'li:*t- 

El other Listed Below: The offender appealed the Hearing Officer's finding of guiit in this case 

concerning his use of Marinol which was prescribed for him. The Appeals Panelwith the 

concurrence of Assistant Secretary John "Scott" Blonien felt further review was needed. Upon 

review of this case it became evident a review of the Department's policy and practice of 

prohibiting the use of prescribed Marinol was needed. Acting on existing DOC policy and 

practice, the CCO and Hearing Officer both interpreted this policyto include boththe vegetable 

matter as well as the synthetic form of THC contained in Marinol. The DOC policy has been 

changed so that the use of prescribed Marinol is no longer prohibited. Therefore, in the best 

interests of justice and in view of the change in DOC policy and procedure, the 5 allegations 

associated with the use of Marinol are hereby dismissed with prejudice. 

*.* 000050 

Distribution: Original - Hearing File, Copy-Offender, FieldFile,Receiving/detaining Facility 

Page 1 of2 

DOC 09-233 (Rev 11/28/07) DOC 320.140, DOC320.145, DOC 320.155, DOC 380.605, DOC 460.130

'ff~·~· .. 

{~ . STATE OF WASHINGTON 

.I.:IJIIDEPARTME~ OF CORRECTIONS 

HEARING AND DECISION SUMMARY 

SUMM4RVOF 'FACTS PRESENTEDI REASONS FOR FINDINGS: 

In light of.this decision, it is unlikely the recommendation at the hearing would have been a 

return to tiie' sending state. . 

03-18-09 

OFFENDER SIGNATURE 

DATE 

Lori Ra'msdell-Gilkey 

Hearings Program Administrator 

WA State Dept. of Corrections' 

HEARING OFFICER SIGNATURE . HEARING OFFICER NAME (PRINTED) 

The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential information and will be redacted 

in the event of such a request. This form is governed by Executive Order 00-03, RCW 42.56, and RCW 40.14. . 

Distribution: Original - Hearing File. Copy - Offender. Field File. Receiving/detaining Facility , ... r. 0 0 0 0 51 

Page 2 of2 

DOC 09-233 (Rev 11128/07) DOC 320.140, DOC 320.145, DOC 320.155, DOC 380.605, DOC 460.130


From: 

Sent: 

To:, vu/; •


From: ' Ramsdell-Gilkey, Lori M (DOC) 

Sent: 

Thursday, March 19, 2009 11:25 AM; 

To: 

Altig, Jason S. (DOC); Barbara Whitehead; Brian Clement; Cly Evans; Dennis Marsh; Ewing, 

Stephen T. (DOC); Galando, AndreaT. (DOC); Garcia, Stacie A. (DOC); Gordon Neufeld; 

Hann, William G. (DOC); Hastings, DwightJ. (DOC); Jackson, Sheryl L (DOC); James Riker; 

Jeffrey Mayeda; Karla Mortenson; Kasler, Jeffrey P. (DOC); Kathryn Cavanagh; Kelly Wichert; 

Kimberly Besaw; Kitchens, Brent L. (DOC); Layne, Thomas C. (DOC); lisa grimsley; McGrann, 

Linda G. (DOC); Nancy Travis; Neil Chang; Nickerson, Carol S. (DOC); paul ockerman; 

Peters, Laurie E. (DOC); Prideaux, Joanna L. (DOC); Ray, Sherry L (DOC); Reco Rowe; 

Robert La Lanrie; Robert Zarate; Small, Timothy P. (DOC); Torok, Ernest (DOC); West, Lynn 

Subject: 

M. (DOC); ZoeWaggoner 

FW: CCD Medical Marijuana Process Changes Memo 

Attachments: 

Medical Marijuana Process Change 031309.pdf; 14-053 MedicinalMarijuana Form 

031609.doc 

This should clarify things for everyone. There had been some confusion along the way of what the term "medical 

marijuana" meant and things went sideways. I just found out about it recently as the result of an appeal and worked 

with Scott to get it back on track. 

From: 

Sent: 

To: 

Cc: 

Subject: 



Coker, Angella D. (DOC); DOC DL ALL HEARING OFFICERS; DOC DL ALL WR STAFF; DOC DL EAST1 ALL STAFF; DOC DL EAST2. 

ALL STAFF; DOC DL HEARING RECORDS; DOC DL HQ CCD ALL STAFF; DOC DL NW ALL FIELD; DOC DL SECTION 4 ALL STAFF; 

DOC DL SECTION 5 ALL STAFF; DOC DL SECTION 6; DOC DL SECTION 6 CCS; DOC DL SECTION 7 ALL STAFF; DOC DL SECTION 

8; DOC DL SECTION 8 CCS; DOC DL SW ALL STAFF; DOC DL SWA OLY CHRI; DOC DL SWR3 ALL CCS; DOC DL SWR3 ALL STAFF; 

DOC DL SWR4 All STAFF; DOC DL TIME REPORTING ONLY; DOC DL WR SUPERVISORS; James, Sherina A. (DOC); Lewallen, Sheila 

R. (DOC); Light, Robyn B. (DOC); Nelson, Jacquelyn S. (DOC); O'Neal, Kimberlee A. (DOC); Stark, Stacey L (DOC); Stewart, Darby 

J. (DOC) 

Vail, Eldon W. (DOC); Strange, Cheryl E. (DOC); Blonien, John 'Scoff; Hammond, G. Steven (DOC) 

CCD Medical Marijuana Process Changes Memo 

Good morning! Please see the attached memo which identifies changes inthe current medicinal marijuana 

process. I've also attached Form 14-053 which was updated on 3/16/09 to reflect the change inprocess. 

In addition, I've broken downthe process to give youalittle guidance ontimeline expectations. 

Please feel free to contact me ormy assistant, Monica Distefano, ifyou have any questions. 

Thank you! 

Medical Marijuana 

Process Chan... 

14-053 Medicinal 

Marijuana For.;. 

Karen Daniels 




7345 Linderson Way SW 


Office: 360-725-8787 

Cell: 360-791-7768. 

• rrrmnGf 

Fax: 360-586-0252 . • «*fl 000035

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2 

000(15S

OFFENDER I.D. DATA: 



Medicinal Use of Marijuana Verification 

To be filled out by CCO: • •• -' '-. .':'V •'. \ •.'.•" '•• • ' 

Patient's Name • Date of Birth 

• • : \ • •' . 

To be filled out by Prescriber: 

DOC Number 

Dear Prescriber, : ; r 

By state statute the Washington State Departmentof Corrections is charged with the responsibility to supervise some 

offenders after they have been convicted of a felony. The above named patient is currently undersupervision by the 

Department. Supervision is designed to help the offender avoid those environments or situations that jead to, their criminal 

behavior. Often illicit drug use is a contributing factor in an individual's criminality. Accordingly it's usual that the court or 

the Department of Corrections will impose a condition ofsupervision that the offendernot, use, or possess illicit drugs, \ 

including marijuana. This offender has claimed that they have a condition for whichthe medicinal use of marijuana has 

been recommended. The below verification is to determine the legitimacy of their claim. Thank you in advance for your 

assistance. Ifyou have questions, please contact the Community CorrectionsAssistant Secretary at (360) 725-8787. 

1, 

Isthis patient underyour care DYes • No 

2. Are you recommending medical marijuana for this patient due toa diagnosis ofAcquired i—i Yes r~i mq 

Immunodeficiency Syndrome (AIDS) U Yes U no 

a. Ifthe answer to question 2 is "Yes", does he/she have anorexia 

b. Ifthe answer to question 2a is "Yes", does he/she have weight loss 

3. Are you recommending medical marijuana forthis patientdue to nausea and vomiting 

associated with cancer chemotherapy 

a. Ifthe answer to question 3 is "Yes", has the patient failed to respond to conventional 

antiemetic treatments 

DYes • No 

DYes • No 

DYes • No 

• Yes • No 

b. Ifthe answer to question 3a is "Yes", please describe what those treatments were (medication, dose, 

duration): 

c. What is the planned schedule of chemotherapy 

4. Ifyou answered "No" to items 2 &3 above, what is the reason you are recommending medicinal use of 

marijuana 

a. Please provideevidence published in a peer-reviewed scientific publication to support the medicinal use of 

marijuana for this purpose. 

5. The patient's accompanying Release of Information authorizes you to provide the 

Department with current and future information related to this issue. Do you agree to notify r-i Yes r-i No 

the Department's Medical Director of any changes in your answers above 

DOC 14-053 (Rev. 3/16/09) DOC 380.200 

-,"00005'

Preserver's Name (Print) Preserver's Signature Date 

License #: License type: - 

Prescriber's Address '. • • ' Phone Number 

Prescriber: please return this form and the patient's Release of Information to: 

Medical Director 

Health Services Division 

Washington State Department of Corrections 

PO Box 41123 

Olympia.WA 98504-2113 

To be filled out by DOC Physician: 

I have reviewed this verification form and find that use of medical marijuana by this patient 

(check one) | • is • is not 

consistent With DOC Policy. 

Physician's Name (Print) Physician's Signature Date 

Instructions to DOC Physician: 

When form is complete: 

1. Email your finding above to the Assistant Secretary for Community Corrections. 

2. File this form and the accompanying Release of Information in Liberty as a Community Corrections Health Record. 

State law (RCW 70.02; RCW 70.24.105; RCW 71.05.390) and/or federal regulations (42 CFR Part 2; 45 CFR Part 164) prohibit 

disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise 

permitted by law. 

•>•.• 000058 

DOC 14-053 (Rev. 3/16/09) DOC 380.200

. STATE OF WASHINGTON . 


P.O. Box 41126 • Olympia. Washington 98504-1126 • (360) 725-8796 

FAX (360) 586-0252 

March 19, 2009 

TO: 


FROM: 

SUBJECT: 

Karen Daniels, Assistant Secretary 

Medical Marijuana Process Change 

Effective immediately, DOC Form 14-053, Medicinal Use ofMarijuana Verification, has been updated. 

Offenders will no longer be required to fill out this form when they have a legitimate prescription for 

Marinol from a licensed physician. In addition, offenders that have this prescription will not be in 

violation ifthey test positive for THC. 

The Department created a verification process for offenders to obtain approval for the useof "medical 

marijuana". Ifan offendertells his or her CCOthattheyplan on using medical marijuana, Form 14-053 

should be provided to the offender and the process explained. As a reminder, here is the breakdown of 

the approval process: 

1. Upon receipt of Form 14-053, the offender and his or her medical provider have 2 weeks to 

complete and submit it to the DOC Headquarters Physician for review. Once the Physician 

receives the form, he will review it and make his determination within 10 days, upon which time 

my office will communicate that decision in writing to the offender with a copy to the CCO, 

the CCS, and the medical provider. 

2. The offender and the medical provider will then have 15 BUSINESS days (3 weeks) to submit a 

written appeal directly to me. Once I receive the appeal, a decision will be made within 30 

business days. That decision will again be communicated in writing to the CCO, the CCS, and 

the medical provider. 

Please remember that the offender should not receive any violations related to the use ofmedicinal 

marijuana during this process period. Please do not hesitateto call me if you have any other questions. 

Thank you. 

KD:md 

cc: 

Eldon Vail, Secretary 

Cheryl Strange, Deputy Secretary 

Scott Blonien, Assistant Secretary. 

Steven Hammond, Medical Services Director 

•*« 000059

Hood, Cynthia L. (DOC) 

From: ; 

Sent: • 

To: 

Subject: 


Thursday, September 11, 2008 5:39 PM 


RE: Daily Legislative Tracking 

Thank you. 

From: 

Sent: 

To: 

Cc: 

Subject: 


Thursday, September 11, 20084:41 PM 



Daily Legislative Tracking 

Eldon, we received a request late yesterday afternoon from the Legislative Information Center. The mother of offender 

Jeanette Sinner is concerned that herdaughter isusing and selling narcotics and that the CCO is not doing anything 

about it. I asked for a review of the situation by FA Debra Conner. 

Offender JHflHHHHfe has called Karen Daniels office several times since his application to use medical 

marijuana'was denied. He has already contacted the Governor's office, who referred the inquiry to DOC; he indicated 

today that he is going to call the Governor's office again. Our Correspondence Unit apprised the Governor's office that 

Mr'; WHHIhas the option to appeal and has not yet done so. The Governor's office may consider this closed; 

however, with Mr. HHtstill indicating he will contact them again, Scott is going to respond in writing to him.. 

Thank you. 




• Regulatory Compliance 

(360)725-8812 

'^000060 

(3)

Hood. Cvnthia L. (DOC) 

From: 

Sent: 

To: 

Subject: 


Thursday, August 28, 2008 4:01 PM 


Re: Medicinal. Marijuana 

Yuc 


From- Blonien, John "Scott" (DOC) 

To- Morgan, Richard L. 'Prison Director' (DOC); Stern, 

Cc: Daniels, Karen R. (DOC); Vail, Eldon W. (DOC) 

Marc F. Dxr Hlth Svc' 

Sent: Thu Aug 28 15:25:43 2008 

Subject: FW: Medicinal Marijuana ^ 

(DOCK 

dopeage 

Thank You, 





360-725-8889 


From: Witten, Dell-Autumn W. (DOC) 

Sent: Thursday, August 28, 2008 3:18. PM 

To: Blonien, John "Scott" (DOC) 

Subject: FW: Medicinal Marijuana 

Hi 

Scott: 

The Policy Coordinator at MCC, Joel Enbom, called yesterday about an incident that occured 

there last weekend wherein a visitor was denied access to the facility for being under the 

influence of medicinal marijuana. His email and a copy of the incident report are 

included below. 

may be discon 

illegal substances. 

with Dan Judge at the AG's Office about this 

Let me know if I can help on this, 

Thank you! 

ihg privileges 

itor'arrives^for a visit under the influence of alcohol and/or 

From: Enbom, Joel A. (DOC) 

Sent: Wednesday, August 27, 2008 8:49 AM 

To: Witten, Dell-Autumn W. (DOC) 

Subject: FW: Medicinal Marijuana 

Here's a little MCC correspondence. 

might 

lend. 

I'd appreciate whatever advice you and your pals 

Operational Memorandums * Policy * Forms * GMAP * Audits * Translation * Information 

From: Hardina, Bryan R. (DOC) 


To: Enbom, Joel A. (DOC)/ Williams, Lee. R. (DOC) 

CcY Wood,' Michele I. (DOC); Fritch, Edwin A; (DOC); 

Subject: RE: Madicinal Marijuana 

Anderson, Howard E. 'Andy' (DOC) 

Lee, • '•'•'-.• " 

I will answer this as if I were the duty officer getting the call. Questions I 

would be asking are;' 

When is the last time he, visited 

If he has visited in the past are the dates before or after the date on the print out he 

showed' 

Was there a doctors signature 

Based on feedback'my decision could vary, as an example, if he has never visited/ My 

answer would be "no visit". However, I would inform the visitor to work this through the 

inmates counselor/CPM. 

Regarding the other questions, I would have said "no visit" because we need an official 

document such as a letter faxed from the doctors office. 

' 

I hope this makes 

sense. 

From: Enbom, Joel A. (DOC) 


To: Williams, Lee R. (DOC) 

. Cc: Wood, Michele I. (DOC); Hardina, Bryan R. (DOC); Fritch, Edwin A. (DOC) 


Mr. 

Williams, 

I'll forward the question to the HQ folks. A little research shows that this issue 

has come up in a few jurisdictions with differing outcomes, so I cannot offer a definitive 

answer. I can opine, however. :-) 

The most relevant policy reference I could find, this morning, was from the DOC 

Visiting Guidelines, which states that, "Continuation of your visit and visiting 

privileges will depend on arriving without having consumed alcohol and/or illegal 

substance(s)," Note that the language doesn't prohibit intoxication, only consumption. 

Ultimately, 

there are a couple of issues here: 

* Were illegal substances and/or intoxicants brought on facility grounds 

It doesn't appear that way, based on the incident report, which 

notes that Kira alerted to pills that were apparently prescribed and not illegal. 

* Were alcohol or illegal substances consumed prior to the visit 

There's no indication that alcohol was consumed. Which brings us to the 

gist of the issue: is marijuana, prescribed for medical use, illegal in Washington 

Use of marijuana for medical reasons, as far as I know, isn't illegal in Washington, 

though federal laws prohibit its use. I don't think the state vs. federal issue has been 

sufficiently resolved (keep an eye on California for that). Anyway, if we assume that 

state law is in effect, consumption of medical marijuana for medical reasons is not 

consumption of an illegal substance and, therefore, allowed.' Not so if we accept federal 

law as the proverbial law of the land. 

REMINDER: I'm not an attorney. I just find this to be an interesting issue and 

couldn't resist chiming in prior to sending this off to HQ.' I suspect they'll involve the 

Attorney General's office. n _ _ ,_ rn 

-.."0000.62

From: Williams, Lee R. (DOC) 

Sent: Tuesday, August 26, 2008 6:02 PM 

To: Enbom, Joel A. (DOC); Wood, Michele I. (DOC); Hardina, Bryan R. 

(DOC); Fritch, Edwin A. (DOC); DOC DL MCC LIEUTENANTS ;, . 

Subject: Madicinal Marijuana . 

Yesterday I had an adult male attempt to visit an offender through the 

TRU visiting room which appeared to Have drugs onboard. His speech was slurred and his 

eyes were blood shot. K-9 alerted on the man and when we asked him if he had drugs on him 

he said that he had just taken his medication (madicinal marijuana). He presented us with 

a letter that looked as if it were printed off of the internet. We are in the process, of 

checking the authenticity of the prescription. I searched the policies and OM's and could 

not find anythingon this subject can anyone help me on this This is the actual incident 

report. 

« OLE Object: Picture (Metafile) » STATE OF WASHINGTON 

DEPARTMENT OF CORRECTIONS INCIDENT REPORT 

Confidential ; 

DATE/TIME OF INCIDENT 

8-24-08 OFFENDERS INVOLVED 

THOMPSON, SEAN DOC NUMBER 

875198 LIVING UNIT 

TRU CI11 

LOCATION 

SCANNER 

CO LOGAN 

WITNESSES 

USE OF FORCE INCIDENT YES NO , „ . ,„ 

DETAILS: Who was involved, what took place, how did it happen, description of. any 

injuries, damage, use of force, etc. Attach additional sheet, if necessary. 

K-9 Kira alerted to d^^MHHHfr and fiflHHjpHHHB) friends of offender, as the exited 

the scanner. It was very obvious that OBHHHto was*under the influence of an unknown 

substance. Both denied possession of illegal drugs and during the interview ^•••^ 

stated that he smokes marijuana for medical reasons, has a doctor's letter stating he has 

—i-i-ii—"JSiHflP stating the use of marijuana would help him deal with this condition. 

^^^^J':stated that he had smoked marijuana earlier in the day. 4MH0Mi provided me with 

sôf. the doctor's letter and I verified the doctor listed actually works in an office 

in Kirkland. I faxed the letter to her office and asked for the doctor to verify her 

signature. As of 8-26-08, I have not heard back from her -or her, office. During the 

vehicle search K-9 Kira alerted in a bag identified astMHHP and * removed a metal 

container with numerous pills that he identified as a narcotic to help him.with his 

medical condition. Lt Williams briefed and both have been suspended pending further 

review. 

IMMEDIATE ACTION TAKEN: 

Interview and canine search of the vehicle. 

Lewis, P 8-26-08 K-9 Officer 

c 

Lt. 

Williams 

000063


From: 

Sent: 

To: 

Subject: 


Thursday, May 29, 2008 4:55 PM 


FW: Three Messages on DOC Correspondence Line: 

Week in Pain-Soaring BP 

rapped In Jail For a 

Did you get anything back on your rudeness question 

— Original Message 

From: Blonien,. John "Scott". (DOC) 

Sent: Thursday, May 29, 2008 9:36 AM 

To: Vail, Eldon W. (DOC) 

Subject: FW: Three Messages on DOC Correspondence Line 

a Week in Pain -Soaring BP 

Trapped In Jail 

For 

Loopage...The PIO folks are working on some talking points of- we get called. 

calling to apologize for the situation.. 

Karen is 

Thank You, 

John Scott 

Blonien 




360-725-8889 . 


.—Original .Message / 


Sent: Wednesday, May 28, 2008 8:52 PM 

To: Blonien, John "Scott" (DOC) 

Subject: Fw: Three Messages on DOC Correspondence Line: 

a Week in Pain -Soaring BP 


For 

Possibility that this case may be picked up by the media....I will forward Ms. 

email to press as well. Kd Karen Daniels Assistant Secretary Community Corrections- 

Division Department of Corrections 

734 5 Linderson Way SW 


Office: 360-725-8787 

Cell: 360-791-7768 . 

Fax: 360-586-0252 

Email: krdaniels@docl.wa.gov 

— Original Message 

From: Harper, Donta S. (DOC) 

To: Daniels-, Karen R. (DOC) 

Cc: Johnson, Todd D. (DOC) 

Sent: Wed May 28 18:38:14 2008 

Subject: RE: Three Messages on DOC Correspondence Line 

For a Week in Pain -Soaring BP 


Karen, 

I have also included CCO Praven's CCS Todd Johnson in this email so he is in the loop as 

he was not available when this was discussed with his CCO. 

000P£ L

A cancellation of detainer was authorized by me for offender # DOC 

after looking further into this offender's status per request. 

The assigned CCO Jeremy Praven was responsible for investigating the interstate Placement 

of the case. CCO Praven reported he arrested the offender on 5/21/08. Per report at time 

of arrest he had not yet. accepted the case nor had the case been gained by the Department. 

The CCO and his field partner conducted the home investigation on 5/21/08. Upon conducting 

the initial investigation at the listed residence violation behavior was discovered. The 

two CCOs discovered a number ofjnariiuana plants inside and outside the residence of which 

offenderflHHfland her sponsor BHHf reported they had the legal right to have the 

plants du^^^êdical prescriptions - CCO Praven and his partner both where unclear as 

how to proceed and therefore contacted the Seattle Police Department and their CCS Todd 

Johnson. Seattle Police Department was contacted to deal with the suspected illegal 

marijuana behavior of which the two CCOs had witness. They also at the time discussed the 

case with their supervisor over the telephone and had obtained approval to arrest and 

detain the offender. 

to 

CCO Praven indicated that he had placed a detainer hold on the offender on 5/21/08 for 

violation behaviors: 1) consumption of marijuana on or about 5/14/08 and; 2) possession of 

marijuana-on or about 5/21/08. Violation number one was confirmed through a UA in an 

office visit. 

At the time of arrest it was reasonably believed that this offender had violated the 

conditions of her AZ supervision and that the WA Department had jurisdiction to make such 

an arrest. Among a number of conditions the offender has. There are two specific 

conditions that we where violated: consumption of drugs and possession of drugs. The CCO 

informed me during our discussion that the offender was being held for a probable cause 

hearing of which had not yet been scheduled. He further reported that he was informed by 

the hearings unit that one would not be scheduled until the case had first been gained. 

A review of the case and of DOC 380.605 Interstate Compact policy indicates, that assigned 

CCO did not have jurisdiction to detain as the Interstate Placement had not been approved 

and the case had yet been gained whereabouts we agreed to assume supervision 

responsibilities. The CCO was in the investigation process of which he could have denied 

based on current behavior. The CCO had also further involved local law enforcement 

regarding the suspected illegal behavior of which she has not been yet charged. 

CCO Praven was informed to submit an order for the release detention and detain today on 

5/28/08 and to confirm the offender would be released on the DOC detainer hold. 


Sent: Wednesday, May 28, 2008 5:25 PM 

To: Harper, Donta S. (DOC) -J. 

Subject: FW: Three Messages on DOC Correspondence Line: V^^^|^^HH| Trapped In Jail For 

a Week in Pain -Soaring BP ^^^^^^^^^^^ ' nOOflfc^

Can.youplea~e email me the status, what action you took and why. I'd like. to get back to 

~h~ lad~.that sent me the email. I~there any validity to the allegation of ~udeness kd 

Karen Daniels 

Assistant :Secretary 

Co~unitYCorrections Division 

De'partment>of . Corrections . 

7345 Linders9n Way SW 

Tumwater, WA .98504. ' 

Office:: 360~725-8'787 

Celi: 366-~~1-7768 

Fax: 360~586-0252 

email:· krdaniels@doc1. wa . gov 

'. 

".'--.•.• '~.:...~.'.';:, :.:;1' .··.. ~f~,.,·,.-.• 

From: - 

[mail to. 

Sent:~May 28, 

To: Darii~li, Karen R. (DOC) 

Subject: Three Messages on DOC Correspondence Line: 

Week in Pain -Soaring BP 

Trapped In Jail For a 

,1 

1 

Hello Washington State Department of C~rrections 

Folks from the West Seattle Conununit,y Corrections. office visited my h~me yesterdqy, May 

21, to see a 51 year old woman with fibromyalgia who is a medical 

marijuana patl.ent;· an' was stopped in Arizona with some marijuana, arrested and jailed 

there fo+ 28 days, without her medicine, a couple,of months ago. . 

She was finally paroled to our state, and was NOT told by CeQ's here that it was clear she 

would have to follow Arizona's laws during her probation, not ours. She is a legally 

prescribed medical marijuana user. When your officers arrived yesterday to inspect her 

dwelling - where she'lives in my ho~e - they smelled'and rooted out my tiny nine plant 

cannabis grow~.· basement, as I am a legal medical marijuana pe'rson, too. That's why I 

took pity on~nd rented her a room after she lost her apartment in the ~rizona 

mess. 

. .... ' 

Whil'e the.,·CCQ's were in my home, one very young man said to me, a retiree in my 60' s, and 

poor ~ho ~s visibily pained and stressed, "I don't care about 'her and I don't care 

about 'her· problems and I don't care about you and I don't care about your problems." I 

made ·the observation· that he must, then, be a bad public servant. I myself have served in 

government qnd I believe it IS the business of your officers to care about the people they 

serve. Certainly there's no need to make middle class, middle-aged people who have. 

committed no act that is a crime in our state, feel abused and disrespected. . 

3 

".'! ,00 Q 0 6 6

They sent.:-the SPD to visit me. I passed my inspection 

Then vour guys came back with a new guy who chose to speak toeSH^^Q SO: RUDELY ar. 

such contempt I just had' to add "Please" to his command for her to descend the stairs. 

This was: in my home, and I naturally feel a right to ask people to behave in a civil way 

there. :' - 

SO:RUDELY and with 

Then he said that because I said "please" he was going to take heir in, which he did. I 

told'him his cruelty does not become him and I'm telling you the cruelty of your.' staff 

does not become you. To make me feel like I sent my friend to prison because I asked her 

to be treated with kindness, in my home. - someone who has committed ho real crime at all. - 

is just so mean I'm speechless. 

She's in jail now on an interstate compact charge with no bail. Is there anything I can' 

do*to help her Is" there any way officers can be trained better 

cc: 

Governor Christine Gregoire 

Senator Paulsen 

Senator Carrell 

Senator Kohl-Wells 

Representative Cody 

#2- From: 

usc:mailto( 

To: 

sw. 

-.--.••. 

Please ask him to let her come back to' live here where she is loved and safe and ' 

comfortable 

She's had enough trouble! ' - • 

Some fool lawyer put out a book saying AZ is a legal medical marijuana state..; it isn't, 

she soob; discovered '.'.-. 

She had; to spend 24 days, in jail - in pain - there. . ...,....'•_..- 

If you get her out NOW it will still be another six days she's had to be in awful pain. 

She's certifiably allergic to most analgesics, 

s 

I was (finally) allowed to visit^BHIIH) on Sunday morning, three and a half days after 

her arrest. She. says the County's taking relatively good care' of her. - food way better, 

she reports, than in Yuma, and they supplied her with all her prescription'meds, including 

her blood pressure medicine. She had tears streaming down.her face, but she was holding up 

pretty well, as other women were kind enough to give her a little shampoo, etc.•' 

Nonetheless, because she counts on marijuana to ease the pain that causes the high blood 

pressure, and because marijuana itself has properties that tend to lower blood pressure) 

reading on Saturday was 176 over 116. In case you don't know, that's terrible. 

I have done everything I can to determine, whether there is a way, legally, to move .you and 

found that the only way is direct appeal, so I'm re-appealing. Please helpMHBHHt 

|mh| She simply is-NOT a criminal, and neither am I and your officers were petty, 

puerile and capricious in dragging her from my home in handcuffs. The SPD officer, by 

contrast, was polite and I got the idea he didn't consider me some lower form of life, as 

dard yc-ur officers. I was happy to send in a commendation. And I'll be delighted to send 

one to you, tdo, if you can rectify this unfair and abusive and even dangerous situation. 

Really!^ 

#3. 5/27 3:08 p.m. 

Third Request For Help For Someone Who Is IN PAIN FOR SIX DAYS 

This ismm^ again, about flH^flHHHBflfr whose blood pressure is now 176/116. 

Dangerous. This is a medical marijuana issue. Only you or the Governor can help. I have NO 

other leverage because of the interstate compact element. 

Please at least have a risk manager call me 

-'000068


From: 

Sent: • 

To: { 

Subject: 


Saturday, April 19,2008 11:14 AM 


RE: 2007 advice re medical marijuana issue 

Hard to sometimes be completely serious but it seems we have "solved" the problem 

Belinda has been talking to some reporter about this is she on board ' -'' 

Since 

—Original Message 

From: Blonien, John "Scott" (DOC) 

Sent: Fri 4/18/2008 8:52 AM 

To: Vail, Eldon W. (DOC); Daniels, Karen R. (DOC); Ramsdell-Gilkey, Lori M (DOC) 

Subject: RE: 2007 advice re medical marijuana issue 

Initially it is a medical determination of whether the offender meets the requirements of 

the statute. So we have been referring inquiries about medicinal use of MJ to Dr. Sterns 

to sort out. Then Dr. Sterns acna advise the CCO/CCS of whether the defense will 'fly..; 

Thank You, 





From: Vail, Eldon W. (DOC) 

Sent: Friday, April 18, 2008 8:03 AM 

To: Blonien, John "Scott" (DOC); Daniels, Karen R. (DOC) ; Ramsdell-Gilkey, Lori M (DOC) 


What the hell is the "Stern Plan" 

From: Blonien, John "Scott" (DOC) 

Sent: Thursday, April 17, 2008 5:55 PM 

To: Daniels, Karen R. (DOC); Vail, Eldon W.. (DOC);. Ramsdell-Gilkey, Lori M (DOC) 


Karen,. Lori, Eldon let me offer a few off the top of my head thoughts and 

comments. How DOC handles the medicinal use of MJ depends on whether this is the hill we 

want to die. _the •it 

ju^the^real questron^T^îO^ whether DOC can violate; an'offender whd-r proves 

the prerequisites for the medicinal use of MJ, but can/should DOC recognize it as a 

defense From a small "p" political standpoint does DOC want to violate an offender for 

activity that the state legislature recognizes as lawful Something they made lawful in 

recognition of the medical necessities occasioned by the offender's illness. 

Consider if you will the purpose and intent of the enabling statue: "The 

people of Washington state find that some patients with terminal or debilitating 

illnesses, under their physician's care, may benefit from the medical use of marijuana. 

Some of the illnesses for which marijuana appears to be beneficial include chemotherapyrelated 

nausea and vomiting in cancer patients; AIDS wasting syndrome; severe muscle 

spasms associated with multiple sclerosis and other spasticity disorders; epilepsy; acute 

or chronic glaucoma; and some forms of intractable pain.The people find that humanitarian 

compassion necessitates that the decision to authorize the medical use of marijuana by 

patients with terminal or debilitating illnesses is a personal, individual decision, based 

upon their physician's professional medical judgment and discretion." •'..M Q'OOuUu 

So how would this look Offender XY is HIV positive and has full blown AIDS. 

1

They are in considerable 'pain and a licensed doctor has agreed that MJ will relieve this 

offenders suffering. If all of the statutory requirements are met, this person's 

possession and use is not against state law. Should DOC still violate this offender for 

actions that our state legislature recognized was necessary for, "humanitarian 

compassion". Do we really want to die on. this hill 

: Consider the requirements of the statute: If charged with a violation of state 

law relating to marijuana, any qualifying patient... will be deemed to have established an 

affirmative defense to.such charges by proof of his or her compliance with the 

requirements providedin this chapter. Any person meeting the. requirements appropriate to 

his or her status under this chapter shall be considered to have engaged in activities 

permitted by this chapter and shall not be penalized in any manner, or denied any right or 

privilege, for such actions." 

"Medical use of marijuana" means the production, possession, or administration of 

marijuana, as defined in RCW 69.50.101 (q), for the exclusive benefit of a qualifying patient in the treatment of his 

or her terminal or debilitating illness. 

"Qualifying patient" means a person who: a) Is a patient of a physician 

licensed under chapter 18.71 . .or 

18.57 RCW; (b) Has been diagnosed by 

that physician as having a terminal or debilitating medical condition; (c) Is a resident 

of the state of Washington at the time of such diagnosis; (d) Has been advised by that 

physician, about the risks and benefits of the medical use of marijuana; and (e) Has been 

advised by that physician that they may benefit from the medical use of marijuana. 

"Terminal or debilitating medical condition" means: (a) Cancer, human 

immunodeficiency virus (HIV),. multiple sclerosis, epilepsy or other seizure disorder, or 

spasticity disorders; or (b) Intractable pain, limited for the purpose of this chapter to 

mean pain unrelieved by standard medical treatments and medications; or (c) Glaucoma, 

either'acute or chronic, limited for the purpose of this chapter to mean increased y 

intraocular pressure unrelieved by standard treatments and medications; or (d)': Cronn's 

disease with debilitating symptoms unrelieved by standard treatments, or medications; or 

(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard 

treatments or medications; or (f) Diseases, including anorexia, which result in nausea, 

vomiting, wasting/ appetite loss, cramping, seizures, muscle spasms, or spasticity, when 

these symptoms are unrelieved by standard treatments or medications; or (g) Any other 

medical condition duly approved by the Washington state medical quality assurance 

commission in consultation with the board of osteopathic medicine and surgery as directed 

in this chapter. 

If these prerequisites are met, why would DOC want to violate. Sure we may not 

like the statute and sure we may think that some doctor is selling the notes etc, but is 

this our fight to fight. If the, statute is broken" isn't it up to the legislature to fix 

So why don't we violate the offender and let them prove their defense during 

the hearing Keep in mind that the offender may. have been arrested and is in jailwhile 

awaiting a hearing. During this period of time they are in custody and not given access to 

the substance that their doctor said they need to alleviate their symptoms. This won't 

make the jail or us very happy. 

So the cleanest thing is to establish the lawfulness of their possession 

before our CCOs are faced with the dilemma of whether to violate or not violate and 

whether to arrest or not to arrest Ergo the Stern Plan! 

Thank You, 

John Scott Blonien "•**'• 0000/0 

Department of Corrections



* Please note that the-enabling statute reads, " If charged with a violation of ' 

state law relating to marijuana, any qualifying patient... will be deemed to have 

established an affirmative defense to such charges by proof of his or her compliance with 

the requirements provided in this chapter. Any person meeting the requirements appropriate 

to his or her status under this chapter shall be considered to. have engaged in activities 

permitted by 'this chapter and shall not be penalized in any manner, or denied any right or 

privilege, for such actions." A plausible argument could be made that because a sanction 

imposed because of a violation for the possession/use of MJ is a "penalty" the statute 

does provide protection for the offender on supervision.. 

(DOC! 

From: Daniels., Karen R. (DOC) 

Sent:. Thursday, April 17, 2008 4:37 PM 

To: Pevey, Mac B. (DOC) 

Cc: Schillinger, Marki M. (DOC); Muccilli, Bonnie R. (DOC); Blonien, John "Scott"' 

Stern, Marc F. 'Dir Hlth Svc' (DOC); Cayer, Donna Y. (DOC)- 


Mac, 

Thank you for the historical perspective. .I'm trying to catch up! I will forward 

this information to Dr. Marc Stern and Scott Blonien (over the Hearings Unit now) and 

physician. You can send the ROI to me, I'll forward to Dr. Stern and he'11 contact the 

doctor and make the decision. .and we'll go from there. Thanks again! kd 

Karen Daniels 




734 5 Linderson Way SW 


Office: 360-725-8787 

Cell: 360-791-7768 

Fax: 360-586-0252 

email: krdaniels@docl.wa.gov 

From: Pevey, Mac B. (DOC) 

Sent: Thursday, April 17, 2008 3:29 PM 

To: Daniels, Karen R. (DOC) 

Cc: Schillinger, Marki M. (DOC); Muccilli, Bonnie R. (DOC) 

Subject: 2007 advice re medical marijuana issue 

Importance: High 

Hi Karen, 

I just wanted to pass along the information I referenced this morning in 

regards to ^HHHHJHIHHHI >and his prescription r'ipt: for medicinal marijuana. Let 

know if I or Marki can be of any further help. Thanks. 

me 

Mac 

Original Message— 


Sent: Thursday, July 12, 2007 5:06 PM 

To: paul ockerman; Zoe Waggoner; Altig, Jason S. (DOC); Barbara Whitehead; 

Brian Clement; Cly Evans; Dennis Marsh; Galando, Andrea T. (DOC); Garcia, Stacie A. (DOC); 

Gordon Neufeld; Hann, William G. (DOC); Jackson, Sheryl L. (DOC); James Riker;,. fffi^fffjl

Mayeda; Karla M.ortenson; Kasler, Jeffrey P. (DOC); Kathryn Cavanagh; Kelly Wichert; . 

Kimberly Allen; Kimberly Besaw; Kitchens, Brent L. (DOC); Linda Hooper;' lisa .grimsley; 

Nancy Travis; Neil Chang; Nickerson, Carol S. (DOC); Prideaux, Joanna L. (DOC);-Ray, 

Sherry L. (DOC); Rebecca Anderson; Reco Rowe; Robert La Lanne; Robert Zarate; Torok, 

Ernest (DOC) 

Subject: FW: 2007 advice re medical marijuana issue 

Importance: 

High 

The issue of offenders using "medical" marijuana while on DOC supervision has 

become a hot topic, particularly in the past few months. After much thought arid • 

discussion it has been determined, that the affirmative defense allowed., under, the medical 

mari3uana. act,, uyes jjui 

'."' "'* \\ ./"""'' •*'*"••" in. 

fhP,'AAGr'Adva'ce,,Memorandum 

that 

Most of these forms have come from just* one 

doctSrînêTTeyue: th^ form is NOT a prescription. In addition, the use 

•and/or'F-'pdss'es's'i-bn of •marijuana'.'remains a violation of Federal law. 

(2) 

.: •n• - • Original Message---— 


Sent: Thursday, July 12, 2007 3:47 PM 


Subject: FW: 2007 advice re medical marijuana issue with Scott's changes 

Subject: 2007 advice re medical marijuana issue with Scott's changes (2) 

« File: 2007 advice re medical marijuha issue with Scott's changes (2).rtf 

» We have a couple of offenders who are using the med marijuana defense'. This is the AAG 

opinion. 

-.-000072


From: 

Sent- 

Vail, Eldon'W. (DOC) 

Friday, April 18, 2008 8:03 AM 

X0: , Blonien, John "Scott" (DOC); Daniels, Karen R. (DOC); Ramsdell-Gilkey, Lori M(DOC) 

Subject: 

RE: 2n°7 advice re medical marijuana issue 

What the, hell is the "Stern Plan" 

From: ' Blonien, John "Scott" (DOC) 

Sent: 

Thursday, April 17, 2008 5:55 PM 

To: 

Daniels, Karen R. (DOC); Vail, Eldon W. (DOC); Ramsdell-Gilkey, Lori M(DOC) 

Subject: 


Karen, Lori, Eldon let me offer a few off the top of my head thoughts and comments. How 

DOC handles the medicinal use of MJ depends oh whether this is the hill we want to die on.The 

acjyjce from.the AGO may:* (see beiow) be correct, as far as it goes, ^BBBBHBppiPHHH^ 

IBHiHHflHHHHHIHHIHHHHIilHHHHBP- But the 

DOC'can violate ah offender who proves the prerequisites for the medicinal use of MJ, but 

can/should DOC recognize it as a defense From a small "p" political standpoint does DOC want 

to violate an offender for activity that the state legislature recognizes as lawful Something they 

made lawful in recognition of the medical necessities occasioned by the offender's illness. 

' >- 

Consider ifyou will the purpose and intent of the enabling statue: "The people, of Washington 

state find that some patients with terminal or debilitating illnesses, under their physician's care, 

maybenefit from the medical use of marijuana. Some of the ilinesses for which marijuana 

appears to be beneficial include chemotherapy-related nausea and vomiting in cancer 

patients; AIDS wasting syndrome; severe muscle spasms associated with multiple 

sclerosis and other spasticity disorders; epilepsy; acute or chronic glaucoma; and some 

forms ofintractable pain. The people find that humanitarian compassion necessitates that the 

decision to authorize the medical use of marijuana bypatients with iermirial or debilitating 

illnesses is a personal, individual decision, based upon their physician's professional medical . 

judgmentand discretion." .'-••' • ^ ; V 

So how would this look Offender XY is HIV positive and has full blown AIDS. They are in - 

considerable pain and a licensed doctor has agreed that MJ will relieve this offenders suffering. If 

all of the statutory requirements are met,'this person's possession and use is not against state 

law. Should DOC still violate this offender for actions that our state legislature recognized was 

necessary for, "humanitarian compassion". Do we really want to die on this hill 

Consider the requirements of the statute: Ifcharged with a violation of state law relating to 

marijuana, any qualifying patient... will be deemed to have established an affirmative defense to 

such charges byproof ofhis or hercompliance with the requirements provided in this chapter. 

Any person meeting the requirements appropriate to his or her status under this chapter shall be 

considered to have engaged in activities permitted by this chapter and shall not be penalized in 

any'manner, ordeniedany rightorprivilege, for such actions." 

"Medical use ofmarijuana" means the production, possession, or administration of marijuana, as 

defined in RCW 69.50.101(o), for the exclusive benefit of a aualifvina patient in the treatment of 

his or her terminal or debilitating illness. 

"Qualifying patient" means a person who: a) Is a patient of a physician licensed under 

1 -.- G00073

chapter18.71 or 18.57 RCW; (b) Has been diagnosed bythat physician as having a terminal'or 

debilitating medical condition: (c) Is a resident of the state of Washington at the time of such 

diagnosis; (d) Has been advisedby that physician about the risks and benefits of the medical use 

ofmarijuana; and(e) Has been advised by that physician that they may benefit from the medical 

use ofmarijuana. 

"Terminal or debilitating medical condition" means: (a) Cancer, human immunodeficiency 

virus (HIV), multiple sclerosis, epilepsy ordtfier seizure disorder, orspasticity disorders; or (b) 

Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard 

medical treatments and medications; or (c) Glaucoma, either acute or chronic, limited for the 

purpose ofthis chapter to mean increased intraocular pressure unrelieved by standard treatments 

and medications; or (d) Crohn's disease with debilitating symptoms unrelieved by standard 

treatments or medications; or (e) Hepatitis C with debilitating nausea or intractable pain 

unrelieved by standard treatments ormedications; or (f) Diseases, including anorexia, which . 

result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or 

spasticity, when these symptoms are unrelieved by standard treatments or medications; or (g) 

Any other medical condition duly approved by the Washington state medical quality assurance 

commission in consultation with the board of osteopathic medicine and surgery as directed in this 

chapter: 

ifthese prerequisites are met, whywould DOC want to violate. Sure we may not like thestatute 

and sure, we may think that some doctor is selling the notes etc, but is this our fight to 

fight. If the statute is broken isn't it up to the legislature to fix 

So why don't we violate the offender and letthem prove theirdefense during the hearing 

Keep in mind thatthe offender may have been arrested and is in jail while awaiting a hearing. 

During this period of time they are in custody and not given access to the substance thattheir 

doctor said they need to alleviate their symptoms. This won't make the jail or us very happy. 

: So the cleanest thing is to establish the lawfulness of their possession before our CCOs are 

faced with the dilemma of whether to violate or not violate and whether to arrest or.not to arrest 

Ergo the Stern Plan! 

Thank You, 


••v 000074



CommunityRelations and Regulatory Compliance" 

* Please note that the enabling statute reads," If charged with aviolation of state la\v'relating to marijuana, ^ 

any qualifying patient... will be deemed to have established an affirmative defense to such charges by proof . 

of his or her compliance with the requirements provided in this chapter. Anyperson meetingthe : 

requirements appropriate to his or her status under this chapter shall be considered to have engaged in 

activities permitted by this chapter and shallnotbe penalized in any mariner, or denied any right or 

privilege, for such actions." Aplausible argument could be made that because a sanction imposed because of 

a violation for. thepossession/use ofMJ is a "penalty" the statute does provide protection for the offender on 

supervision.. 

From: 

Sent: 

To: 

Cc: 

Subject: 



- Pevey, Mac B. (DOC) 

Schillinger, Marki M. (DOC); Muccilli, Bonnie R. (DOC); Blonien, John "Scott" (DOC); Stern, Marc F. 'Dir Hlth Svc1 (DOC); Cayer, 

Donna Y. (DOC); 


Mac, 

Thank you for the historical perspective....I'm trying to catch up! 

I will forwardthis.information 

to Dr. Marc Stern and Scott Blonien (over the Hearings Unit now) and hopefully^wiilôjTieâck 

with some clear direction for a statewide process. In the meantime, please giveflHMPa, 

Waiver until his doctor's apt next week, tell him to get a release of information toallow pur DOC 

medical staff to discuss his case with his physician. You can send the ROI to me, I'll forward to Dr. 

Stern and he'll contact the doctor and make the decision....and we'll go from there. Thanks again! 

kd ' ' • "; } 

Karen Daniels 




7345 Underson Way SW 


Office: 360-725-8787 

Cell: 360-791-7768 

Fax:360-586-0252 

email: krdariiels@docl.wa.gov 

From: 

Sent: 

To: 

Cc: 

Subject: 

Importance: 

Pevey, Mac B. (DOC) 



Schillinger, Marki M. (DOC); Muccilli, Bonnie R. (DOC) 

2007 advice re medical marijuana issue 

High 

Hi Karen, 

Ijust wanted to pass along the information Ireferenced this morning in regards to^^HHlHHHV and nis 

prescription for medicinal marijuana. Let me knowif Ior Marki can be of anyfurther help. Thanks. 

Mac . 

• •• 000075

-Original Message-— 

From: 


Sent: 

Thursday, July 12, 2007 5:06PM 

To: 

Subject: 

Importance: 

paul ockerman; Zoe Waggoner; Altig, Jason S. (DOC); Barbara Whitehead; Brian Clement; Ciy Evans; Dennis Marsh;! 

Galando, Andrea f. (DOC); Garcia, Stacie A. (DOC); Gordon Neufeld; Hann, William G. (DOC); Jackson. Sheryl L (DOC); 

James Rlker; Jeffrey Mayeda; Karla Mortenson; Kasler/Jeffrey P. (DOC); Kathryn Cavanagh; Kelly Wichert; Kimberly 

Allen; Kimberly Besaw; Kitchens, Brent L (DOC); Linda Hooper; lisa grimsley; Nancy Travis; Nei! Chang; Nickerson, Carol 

S. (DOC); Prideaux; Joanna L (DOC); Ray, Sherry L. (DOC); Rebecca Anderson; Reco Rowe; Robert La Lanne; Robert 

Zarate; Torok, Ernest (DOC) ' 

FW: 2007 advice re medical marijuana issue ;, 

High ' • ' . •• :;/ 

' 

The issue of offenders using "medical" marijuana while on bOC supervision has become ahot topic/ 

particularly in the past few months. After much thought and discussion it has bfeen deT^rmined fr}dt the 

affirmative defense allowed under the medical marijuana act, does not apply j^^£^^ 

disciplinary hearings,;You'II see in fHe AA(5 Advice Memorandum below, that! ~ 

_^ ^_ ,,..,,,-. , . Most °f fhese forms Have" come from 

jusf^'rtedoctor in Eiejlevue fhus fari This form is NOT a prescription. In addition, the use dnd/br 

possession of marijuana remains a violation of Federal law. 

-—Original Message— 

From: 


Sent: 

Thursday, July 12, 2007 3:47 PM 

To: 


Subject: FW: 2007 advice re medical marijuana issue with Scotfs changes (2) 

Subject: 2007 advice re medical marijuana issue with Scotfs changes (2) 

« File: 2007 advice re medical marijuna issue with Scott's changes (2).rtf» We have a couple of 

offenders who are using the med marijuana defense. This is the AAG opinion. 

000076

Hbod, Cynthia L. (DOC) 

From: Vail, EldonW. (DOC) ; 

Sent; ^Tuesday, April 15,2008 3:27 PM • ' 

To: Gozart, DianeK. (DOC); Stern, Marc F. 'Dir Hlth Svc' (DOC); Stewart, Belinda D. (DOC) 

Cc:'; Daniels, Karen R. (DOC); Blonien, John "Scott" (DOC). 

Subject: RE: medical marijuana 

Yep 

From: Gozart, Diane K. (DOC) v '; ...'. 

Sent: Tuesday, April 15, 2008 2:26 PM 

To: Stern, Marc F.'Dir Hlth Svc'(DOC); Stewart, Belinda D. (DOC) 

Cc: Daniels, Karen R. (DOC); Blonien, John "Scott" (DOC); Vail, Eldon W. (DOC) . 


My recall is the same as Marc's. I remember we talked about it, 

but I don't believe I included it in the minutes because the 

minutes are posted on our website and open for disclosure. 

beinq a touchy topic, was not something I wanted to include 

in the minutes. '"•' : 

This, 

Diane Gozart 

Confidential Secretary 

Office of the Secretary 

WAState bept of Corrections 

P O Box 41101 

7345 Linderson Way SW 


360-725-8810 

From: Stern, Marc F. 'Dir Hlth Svc' (DOC) 


To: Stewart, Belinda D. (DOC) 

Cc: Daniels, Karen R. (DOC); Blonien, John "Scott" (DOC); Vail, Eldon W. (DOC); Gozart, Diane K. 

(DOC) 


Belinda, 

We discussed this at Exec staff and I believe the conclusion we came to is that we would examine 

each situation on a case bycase basis, looking at the legalities, supervision needs, and medical 

appropriateness/necessity. I've added Scott and Eldon to the cc since they were also part ofthe 

discussion and Diane because this may be in the minutes. 

Marc 

•"000077 

i 

r\ i^rs f*ir\r\0

From: Stewart, Belinda D. (DOC) 


To: Stern, Marc F. 'Djr Hlth Svc' (DOC) 

Cc: Daniels, Karen R. (DOC) 

Subject: FW: medical marijuana , 

Gene Johnson is with the associated press and posed the question below 

about medical marijuana. Can either of you tell me of any instances where 

this has occurred. I believe I already know the answer but wanted to check. 

From: Johnson, Eugene [mailto:Ejohnson@ap.org] 


To: Stewart, Belinda D. (DOC) 

Subject: medical marijuana 

• 

Hi Ms. Stewart: 

Thanks for speaking with me just now. Again, I'm wondering what DOC policy is as far as 

whether offenders under community supervision or probation can use medical marijuana if 

they have a doctor's authorization. 

Best, 

Gene Johnson 

AP-Seattle 

206-682-1812 

The information contained in this communication is intended for the u 

of the designated recipients named above. If the reader of this 

communication is not the intended recipient,, you are hereby notified 

that you have received this communication in error, and that any'revi 

dissemination, distribution or copying of this communication is stric 

prohibited. If you have received this communication in error, please 

notify The Associated Press immediately by telephone at +1-212-621-18 

and delete this email. Thank you. 

[IP_US_DISC] 

msk dccc60c6d2c3a6438f0cf467d9a4938 

••-••000078 

1 r\nc\nr\r\Q

Hbbdj Cynthia L (DOC) 

From:: 


Sent:; Sunday, March 09, 2008 10:07 AM • 

To^x 

Blonien, Scott (ATG); Daniels, Karen R. (DOC) 

Subject: AG Meeting \ 

From the meeting with the AG's last week I am concerned that guidance to ourCCO's and our. 

Hearings Officers about how to handle medical marijuana situations is not clear. In the 

next week or 3 please get together and figure out how to best do -that..... 

000079


From:- •••''Robertson, Sandra K. 'Sandy' (DOC) 

Sent- '-\ Thursday, September 11,2008 4:41 PM 

To--, -~ Vail, Eldon W. (DOC) 

Cc: ; r Blonien, John "Scott" (DOC) " - 

Subject: 

Daily Legislative, Tracking 

Eldon, we received a requestlate yesterday afternoon from the Legislative Information Center. The mother of offender 

Jeanette Sinner is dqncerned that her daughter is using and selling riarcotics and that the CCO is not doing anything about 

it. I asked fora revjew of the situation by FA Debra Conner. 'V 

Offender flim^^lpias called Karen Daniels office several times since his application to use medical marijuana 

was deniecl^He^haîlreaay contacted the Governor's office, who referred the inquiry to DOC; he indicated today that heis 

going to call the Governor's office again. Our Correspondence Unit apprised the Governor's office that Mr_ 

_has thes optionto appearand has not yet done so. The Governor's office may consider this closed; however; with Mr.': 

|still indicating he will contact them again, Scott is going to respond inwriting to him. 

Thank you. 

Sandy Robertson . 




(360)725-8812 

•♦"000080


From: 

Sent: 

To:" 

Cc: • 

Subject: 

Stern, Marc F. 'Dir Hlth Svc' (DOC) 


Blonien, John "Scott" (DOC) . 

Daniels, Karen R. (DOC); Vail, Eldon W. (DOC); Morgan, Richard L 'Prison Director' (DOC)- 

Strange, Cheryl E. (DOC) 

..•:.:.•• 

RE: Medicinal Marijuana 

Scott, 

Is there a question, or is this just FYI 

Marc 

From: 

Sent: 

To: 

Cc: 

Subject: 

dopeage 



Morgan, Richard L 'Prison Director1 (DOC); Stern, Marc F. 'Dir Hlth Svc* (DOC) 

Daniels, Karen R. (DOC); Vail, Eldon W. (DOC) 

FW: Medidnal Marijuana 

ThankYou, 





360-725-8889 

jsblonien@DOCl,Wa.Gov 

From: 

Sent: 

To: 

Subject: 

Witten, Dell-Autumn W. (DOC) 



FW: Medidnal Marijuana 

Hi Scott: 

The Policy Coordinator at MCC, Joel Enbom, called yesterday about an incident that occured there last weekend wherein 

a visitor was denied access to the facility for being under the influence of medicinal marijuana. His email and a copy of the 

incident report are included below. 

ting priyiiegesTfjay 

substances. 

present, policyspecifies that 

under the influence of alcohol and/or illegal 

Lei me know if I can help on this, 

Thank you! 

From: 

Enbom, Joel A. (DOC) 

Sent: 

Wednesday, August 27, 2008 8:49 AM 

To: 

Witten, Dell-Autumn W. (DOC) 

Subject: FW: Medidnal Marijuana 

Here's a little MCC correspondence. I'd appreciate whatever advice you and your pals might lend, 

nflQngl 

l

Joel @ MCC 

Operational Memorandums • Policy • Forms • GMAP • Audits • Translation •• Information 

« OLE Object: Picture (Metafile) » 

From: Hardina, Bryan R. (DOC) / 

Sent: Wednesday;, August 27, 2008 8:41 AM 

To: Enbom^bel A. (DOC); Williams, Lee R. (DOC) 

^ 

Cc: Wobd/Michelel. (DOC); Fritch, Edwin A. (DOC); Anderson, Howard E. 'Andy' (DOC) 


Lee, ;.".- 

İwill answer this as if Iwere theduty officer getting the call. Questions Iwould be asking are; 

When is the last time he visited 

If he has visited in the past are the dates before of after the date on the print out he showed 

Was there a doctors signature • 

Based on feedback my decision could vary, as an example, if he has never visited. My answer would be "no visit". 

However, I would inform the visitor to work this through the inmates counselor/CPM. 

Regarding the other questions, Iwould have said "no visit" because we need an official document such as a letterfaxed 

from the. doctors office. 

I hope this makes sense. ' . '••'.'•'•/ 

From: . Enbom, Joel A. (DOC) ' 

Sent: 

Wednesday, August 27, 2008 8:26 AM 

To: 

Williams, Lee R. (DOC) 

Cc: 

Wood, Michele I. (DOC); Hardina, BryanR. (DOC); Fritch, Edwin A. (DOC) 

Subject: 'RE: Madicinal Marijuana 

Mr. Williams, 

I'll forward the question to the HQ folks. A little research shows that this issue has come up in a few 

jurisdictions with differing outcomes, so I cannot offer a definitive answer. I can opine, however. © 

The most relevant policy reference I could find, this morning, was from the DOC Visiting Guidelines, 

which states that, "Continuation of your visit and visiting privileges will dependon arriving without 

having consumed alcohof and/or illegal substance(s)." Note that the language doesn't prohibit 

intoxication, only consumption. 

Ultimately, there are a couple of issues here: 

• Were illegal substances and/qr intoxicants brought on facility grounds 

It doesn't appear that way, based on the incident report, which notes that Kira alerted to pills 

that were apparently prescribed and not illegal. 

• Were alcohol or illegal substances consumed prior to the visit 

There's no indication that alcohol was consumed. Which brings us to the cjist of the issue: is 

marijuana, prescribed for medical use, illegal in Washington 

Use of marijuana for medical reasons, as far as I know, isn't illegal in Washington, though federal laws 

prohibit its use. I don't think the state vs. federal issue has been sufficiently resolved (keep an eye on 

California for that). Anyway, if we assume that'state law is in effect, consumption of medical 

marijuana for medical reasons is not consumption of an illegal substance and, therefore, allowed. Not 

so if we accept federal law as the proverbial law ofthe land. ««0 00089

REMINDER; I'm not an attorney. I just find this to be an interesting issue and couldn't resist chiming 

in prior to sending this off to HQ. I suspect they'll involve the Attorney General's office. 

From: Williams, Lee R.(DOC) ; 

Sent: Tuesday, August 26, 2008 6:02 PM 

To: Enbom, JoeT A. (DOC); Wood, Michele I.'(DOC); Hardina, Bryan R. (DOC); Fritch,' Edwin A. (DOC); DOC 

DL MCC LIEUTENANTS 

• 

Subject: Madicinal Marijuana -. 

Yesterday Ihad an adult male attempt to visit an offender through the TRU visiting room which appeared to 

have drugs onboard. His speech was slurred and his eyes were blood shot. K-9 alerted on the man and when 

We asked him if he had drugs on him he said that he had just taken his medication (madicinal marijuana He 

presented us with a letter that looked as if it were printed off of the internet. We are in the process of checking 

the authenticity ofthe prescription. Isearched the policies and OM's and could not find anythingon this subject 

can anyone help me on this This is the actual incident report. . - 

",,'r '. 'j'~' ••:, : 

"':;':;::~;~~~;:~:~


Executive Staff Meeting Minutes 

"May 5,2008 

Members: Scott Blonien, Todd Dowler (in for Donna Haley), Diane Gozart, Mike Kenney (in 

for Ruben Cedefio), Tim Lang, Lyle Morse, Melanie Roberts, Cheryl Strange (in.for Marc 

Stern), Belinda Stewart, Eldon Vail, Earl Wright (in for Karen Daniels) 

Guests: Bryan.Irwin, Hisami Yoshida 

Arine Fiala's Duty Officer report revealed two significantincidents. An inmate-on-inmate 

assault occurred in the recreation area ofthe Washington State Penitentiary onApril .30. An 

offender was transported to an off-site hospital for treatment. 

On May 3,2008, a non-lethal round was discharged to stopan offender-on-offender fight at the 

Washington State Penitentiary. 

Hisami Yoshida attended today's meeting to review plans for the upcoming Corrections Pride 

Month Reunion/BBQ event, which will beheld atHeadquarters onMay 13. Assignments for the 

"event were reviewed. Correctional Industries has volunteered to prepare the food. 

Belinda Stewart recapped all events for Corrections Pride Month. On May 15, the Department 

will hold the Annual Agency Awards Ceremony at the Pioneer Park Pavillion in Puyallup. The 

Governor's Chiefof Staff, Cindy Zehnder, will be the guest speaker. 

Secretary Vail spoke of continuing discussion surrounding the county of origin process. He 

noted the Department will be forwarding any appeals to Scott Blonien's office for decision. The 

new procedure will be reflected in an upcomingpolicy. 

Eldon stated he will be attending a tour ofMcNeil Island Corrections Center on May 20 for v 

members ofthe United Kingdom. They are primarily interested in learning more about the 

Department's re-entry process. Representatives from the Legislature will also be in attendance. 

Scott Blonien spoke ofa recent meeting he attended with the Washington Association of 

Prosecuting Attorneys. Topics of discussion included the request to know crime and gang 

affiliation ofthose offenders returned to their county oforigin. 

Melanie Roberts noted that adjustmentsto the budget made so far still left the Department 

several million overspent for the current biermium ~ ending June 30,2008. Primary drivers for 

overspending are overtime, directvariable costs for food, medical cost per offender, and contract 

nursing. Eldon noted the need to make unpopular choices going into the next fiscal yearin an 

attempt to minimize spending; 

Melanie stated the interviews for Budget Director will begin this Friday. Seven individuals will, 

be interviewed. 

^" 000085

Executive Staff Minutes 

May 5, 2008 

Page Two' 

Melanie reminded attendees of the Data Review training to be heldthis afternoon.' The Office of 

Financial Management will hold the training on the use ofthe new GMAP system. Dave Daniels 

and Bryan Irwin will conduct follow-up training for DOC at a later date. 

Todd Dowler provided updates on union negotiations. 

LyleMorse stated Correctional Industries donated 100 surplus chairs to theDepartment's 

training program. 

Cheryl Strange discussed the draft medical marijuana policy. Approval was granted for the 

policy to be finalized and published. 

Bryan Irwin reviewed theprogress of the agency draft Strategic Plan inpreparation for 

discussion at the upcomingExecutive Leadership Team meetingon May 14. 

dg 

«-"000086


Executive Staff Meeting Minutes 

June 23, 2008 '' v' 

Members: Scott Blonien, Karen Daniels, Denise Doty, Diane Gozart, Tirn Lang, MarV 

LeftridgeByrd, Susan Lucas, Richard Morgan, Lyle Morse, Melanie Roberts, Marc Stern Eldon 

Vail -[ '--••:•—'''.':. : •, '- 'Vvi. .'•"";.. •••-/.-" J.." ' /-.': :':-:':-:----'.' .:>".

Executive Staff Meeting 

June 23, 2008 

Page Two 

Belinda asked attendees to let her know ofany submittals for the quarterly media report. 

y - ' . '•' ' ' .---••."'... -'•'•. ' 

Ms. Stewart volunteered to check into the availability ofa site for DOC artifacts at the 

Washington State Museum. 

Kathy Smith shared highlights of the Department's Annual Audit Plan for Fiscal Year2009. 

The state's Revised Code ofWashington requires state agencies to have an internal audit 

function to assist agency staff in the effective discharge oftheir responsibilities, Kathy asked 

attendees to suggest audit topics for next year. Those topics mentioned in the meeting included 

an audit request on the polygraph process, and a follow up on the Public Disclosure audit 

Susan Lucas shared she was puttingtogether thefinal list for new budget items and will then 

writea decision package. She noted she will bediscussing theDepartment's '09 budget with the 

Offibe ofFinancial Management. 

Tim Lang received word from the 9 Circuit court regarding a decision on Carver vs, Lehman 

(early release transfer to community custody) of a split opinion. Today the AAG's Office will 

file a motion for a rehearing. 

Marc Stern reminded attendees ofthe need to follow the Administrative Bulletin on offender 

use of medical marijuana. It is imperative that staffbecome aware of the new process. 

Dick Morgan announced staff changes. Mike Kenney will be the new Superintendent of 

Stafford Creek Corrections Center, with Kerry Arlow as Associate Superintendent. Earl Wright 

will be taking Mike's place as Prison Administrator for the Prisons Division. 

Mary Leftridge Byrd spoke ofthe upcoming visit to Washington DOC ofReverend Dr. W. 

Wilson Goode. Reverend Goode, a nationally recognized faith-based program director, is 

visiting Tacoma, Spokane, and five Washingtonprisonsthe first week of July. Big Brothers Big 

Sisters will be sponsoring his visit. While here, Reverend Goode will visit WCCW, AHCC, 

PLCCW, MCC and MCCCW and in the community will discuss Caregiver's Choice, a new 

voucher program for children of incarcerated parents. 

000088

Kennedy, Brigitte (DOC) 

From'r ' ' : • Schaefer, Trade (GOV) ;. - 

Sent:- Monday, April 14,2008 1:39 PM ;, _ ... 

f o: ^ : ' DOC Correspondence Unit - 

Subject: Response 767102 

REFERRAL DIRECTIONS • ' 

REFFERREDTO: DEPARTMENT OF CORRECTIONS . / 

ACTION: 

RESPOND^ AS YOU DEEM APPROPRIATE (LETTER, PHONE CALL, DIRECTOR SIGNATURE, ETC.) PLEASE RETURN THE 

ORIGINAL LETTER, THE REFERRAL SHEET, AND COPY OF REPLY TO CONStlTUENT SERVICES. IF YOU HAVE FtEPLIED BY 

EMAIL, PLEASE SEND US ACOPY OF YOUR REPLY BY EMAIL. 

TO APPROPRIATELY CLOSE THIS REFERRAL, IMMEDIATELY FOLLOWING COMPLETION, PLEASE DO ONE OFTHE FOLLOWING: 

FORWARD PDF COPY OF WRITTEN RESPONSE (AND ENCLOSURES IF APPLICABLE); OR. 

FORWARD COPY OF E-MAIL RESPONSE; OR 

FORWARD SUMMARY OF PHONE CONVERSATION AND OUTCOMES VIA E-MAIL; AND 

ALWAYS INCLUDE REFERRAL NUMBER IN SUBJECT LINE - FORWARDING ALL TO , 

CONSTITUENT SERVICES UNIT, GOVERNOR'S OFFICE 

COMMENTS: 

Healthcare; 

April 14, 2008 

The Honorable Christine 0. Gregoire 

Governor of Washington 

PO Box 40002 

Olympia, WA 98504-0002 

Dear Governor Gregoire: 

I am a Medical Cannabis Patient in Washington State and Hold a Valid 

Recomedation, Yet The Department of Corrections Claims that I am Breaking 

the Law by Using Medical Cannabis. Iwould like to Inform you that They 

Incarcerated me in October of 2007 for taking the Prescription Drug 

Marinol, The DOC Claimed it was a Violation and Held me For 17 Days. 

Marinol is a FDA Approved Naseau Control Drug. Why is the Doc wasting 

Washington States. Resources and Locking up the Sick and Dying. This is the 

3rd time I have tried to Contact youroffice on this Issue. I have seen 

that You stand By Medical Cannabis So why is my Use a Parole Violation. I 

have no Prior Drug Charges Nor do Isell Drugs. Iam Forced to Take Hard 

• fi Hfl 0 fl Q 

Core Harmful Narcotics that Only Damage my well being. Please Inform the ,"- Uu u UOo

Pag'e 1 of 1 

, ", From: 

, '" (" ,: ~ , ' " 

I, Sent,:,:: 

'T~::~-~,"~ 

: Qo·C..b6rr~s'p~ne~'b~ Unit:' 

'S~bject:: Re: Response 767102 • 

'......... . 

" " 

'. " 

; '.' .. , '" " ,', " '. ,,_,' ~'" '•. . , ' "',,' t ~ I . ; " • ,;, ;:'. " -. ) - '. "'_ ~ •••• , 

I don'tneed tne Department'of Corrections to Make a.Deqision .aboutthe State Law, Tha~,lsthe,Pr6bl~m thew, 

ClairritheThe La~ is not Valid anc;l, Fail to Recog.nizethe Law. I need the Governo'rs Offjceto Remindthem of 

the:(aW.'si~ce.they Claim it i~ not a Valid Law. The Governors.O~ce sure seems to,Claim support fofMedical 

""":', ' .... ··d I.need the Governors Support in My Case' al~o: Please Contactme at ',,' ":",, ':, 

m a sick person that depends on Cannabis'as a Medicin'e, ,'..,~ .. ',:,. '" ' 

.. _, cal Marijuan9Patient, That iSl3eing.Demied State Law. Please 5uppbrtme inMy 

e ~6mplaints to'the DOC, Does Nothing they are the Problem and the Law Breakers. ' 

Need a new ride Checkout the largest site for U,S, used car listings at AOL Autos. 

000 o 'g.'0 

] 0/15/2008

Correspondence Unit 

April 14, 2008 

The Honorable Christine 0. Gregoire 

Governor of Washington 

PO Box 40002 

Olympia, WA 98504-0002 

Dear Governor Gregoire: . 

I am a Medical Cannabis Patient in Washington State and Hold a Valid 

Recomedatibn, Yet The Department of Corrections Claims that I am Breaking 

the Law by Using Medical Cannabis. I would like to Inform you that They 

Incarcerated me in October of 2007 for taking the Prescription Drug 

Marinol,.The DOC Claimed it was a Violation and Held me For 17 Days. 

Marinol is a FDA Approved Naseau Control Drug. Why is the Doc wasting 

Washington States Resources and Locking up the Sick and Dying. This is the 

3rd time I have tried to Contact youroffice on this Issue. I have seen 

that You stand By Medical Cannabis So why is my Use a Parole Violation. I 

have no Prior Drug Charges Nor do I sell Drugs. I am Forced to Take Hard' 

Core Harmful Narcotics that Only Damage my well being. Please Inform the 

Department of Corrections That They are breaking the Law. I have already 

Consulted with my Attorney on this Matter and a Letter was Sent to the DOC 

and there has Been no response. My Probation Officers Phone Number is 

360-407-0176 her Name is JoiceHagen. 

Sincerely, 

DUE BACK: 4/28/2008 

Referred By: Tracie Schaefer 902-0674 SMTP:tracie.schaefer@gov.wa.gov 

CONTACT INFORMATION (Log: 767102) 

Contact Date: 4/14/2008 

Contact Type: Gov. Web Page E-mail 

From:. 

Email Address:' ^^^^^ 

Phone(s): Home 1 • __ 

CONSTITUENT MESSAGE 

POO 13 91

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DOC request one, part 1/8 - Cannabis Defense Coalition

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