PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-19-053.
Title of Rule: Chapter 388-880 WAC, Sexual predator program -- Special commitment -- Escorted leave and chapter 388-881 WAC, Sexual predator program -- External oversight.
Purpose: Changes and additions implement Laws of 1999 and Laws of 2001.
Statutory Authority for Adoption: Chapter 44, Laws of 2000, ESSB 6151 and SSB 5122, Laws of 2001.
Statute Being Implemented: Chapter 71.09 RCW.
Summary: Changes adopt definitions and procedures in new legislation, expand requirements for treatment planning and set new requirements for records retention, professional standards, and program oversight.
Reasons Supporting Proposal: Changes respond to law, codify standards, and provide assurance of program quality.
Name of Agency Personnel Responsible for Drafting: Lee E. Mosley, Policy Analyst, #205, Building 24, P.O. Box 88450-0646, Steilacoom, WA 98388, (253) 879-7917, fax (253) 761-7529; Implementation: Vince Gollogly, Clinical Director, P.O. Box 88450, Steilacoom, WA 98388-0646, (253) 589-6210 and Bonni Parker, Associate Superintendent, P.O. Box 88450, Steilacoom, WA 98388-0646, (253) 589-6219; and Enforcement: Mark Seling, Superintendent, P.O. Box 88450, Steilacoom, WA 98388, (253) 761-7537.
Name of Proponent: The Special Commitment Center (SCC), Department of Social and Health Services, Health and Rehabilitative Services Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule governs the operation of the Special Commitment Center, which houses and treats violent sex offenders civilly committed under chapter 71.09 RCW. Rule amendments comply with law, enhance operations.
Proposal Changes the Following Existing Rules: Changes to the rule more clearly specify sex offender treatment planning, both for committed persons and for detainees. New sections regulate records retention and access. A new part (chapter 388-881 WAC) places existing professional standards and program oversight mechanisms in rule. Other changes reflect amendments to existing law passed by the legislature in 2001.
The effect of these changes will be to bring portions of chapter 388-880 WAC congruent with acts of 2001 and to place a foundation, in rule, of oversight mechanisms and professional standards.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Adoption will result in no economic impact to small businesses.
RCW 34.05.328 does not apply to this rule adoption. While this rule is significant, the only portions having an impact outside the agency are made due to legislative action, and do not qualify under RCW 34.05.328. The remainder of the changes are internal regulatory enhancements. Except for portions of rule changed by reason of new legislation, residents of the SCC and their families will see minimal change - and no new burden - as a result, since the planning, records access, oversight mechanisms, and professional standards are presently in force under program policy.
Hearing Location: Blake Office Park (East), Rose Room, 4500 10th Avenue S.E., Lacey, WA 98504, on October 23, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Fred Swenson by October 15, 2001, phone (360) 664-6097, TTY (360) 664-6178.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 23, 2001.
Date of Intended Adoption: No sooner than October 24, 2001.
August 29, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 01-19 issue of the Register.