SENATE BILL REPORT

                   SB 6207

              As Reported By Senate Committee On:

        Human Services & Corrections, January 21, 2000

Title:  An act relating to rule‑making authority for the special commitment center.

Brief Description:  Authorizing the secretary of the department of social and health services to take all actions necessary to carry out the purposes of the sexually violent predator law.

Sponsors:  Senators Hargrove, Long, Costa, Rasmussen, Winsley and Franklin; by request of Department of Social and Health Services.

Brief History:

Committee Activity:  Human Services & Corrections:  1/21/2000 [DPS].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  That Substitute Senate Bill No. 6207 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Patterson, Stevens and Zarelli.

Staff:  Fara Daun (786-7459)

Background:  The Department of Social and Health Services (DSHS) operates the Special Commitment Center for sexually violent predators.  The Special Commitment Center is located on McNeil Island and, due to litigation, is the subject of ongoing oversight by a federal court.  The court has required the department to take a number of specific actions to bring the program into compliance with the court=s interpretation of the purposes of the law.  Although the Secretary of DSHS has general authority to accomplish the responsibilities of the department, DSHS has requested a clear and specific grant of authority within Chapter 71.09 RCW to take the actions required by the court.

Summary of Substitute Bill:  The Secretary of DSHS is specifically authorized to adopt rules to accomplish the statutory purposes for the civil commitment of sexually violent predators.  There is an emergency clause.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  The key issue in the injunction is the durability of the internal structures required under the court order.  Providing those structures by rule gives durability because they cannot be changed without a review process involving the public.

The proposed substitute meets the needs of the center.

Testimony Against:  None.

Testified:  Mark Seling, Special Offender Center Superintendent (pro).