Date of Adoption: December 20, 2001.

     Purpose: These rules are to amend chapter 388-880 WAC and add new chapter 388-881 WAC to govern 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.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-880-005, 388-880-010, 388-880-020, 388-880-030, 388-880-040, 388-880-050, and 388-880-110.

     Statutory Authority for Adoption: Chapter 71.09 RCW, chapter 44, Laws of 2000, ESSB 5122.

      Adopted under notice filed as WSR 01-18-047 on August 29, 2001.

     Changes Other than Editing from Proposed to Adopted Version:

Rules as Proposed as WSR 01-18-047	Adopted Rules Compared to Proposed Rules and Explanation of Changes to Proposed Rules (additions underlined, deletions struck-through)	Statutory Reference Chapter 71.09 RCW
WAC 388-880-010 Definitions.
"Professionally qualified person" means: "Clinical practitioner" means a person employed by the department under state employment guidelines and designated to perform annual evaluations. "Sexual predator program" means a department-administered and operated program identified as the special commitment center (SCC) established for:...	"Professionally qualified person" means: (6) "Clinical practitioner" means a person employed by the department under state employment guidelines and sex offender treatment provider certified under chapter 18.155 RCW, or a forensic therapist three or forensic therapist supervisor designated to perform annual evaluations. "Sexual predator program" means a department-administered and operated program identified as including the special commitment center (SCC) established for:...	RCW 71.09.040 (4) ...The evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an examination pursuant to rules developed by the department of social and health services. In adopting such rules, the department of social and health services shall consult with the department of health and the department of corrections....
	- - - - - - - - - - - - - - - - - - - - - - - Purpose of changes: •     Provides qualifications or classifications under employment guidelines. •     Reflects law, which allows designated facilities besides the SCC.	RCW 71.09.020 (13) "Total confinement facility" means a facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a secure facility by the secretary.
WAC 388-880-020 Authorization for indefinite commitment to the sexual predator program.
(3) The person is found to have a personality disorder and/or mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence; and....	(3) The person is found to have a personality disorder and/or mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence unless confined in a secure facility; and....	RCW 71.09.060 (1)...In determining whether or not the person would be likely to engage in predatory acts of sexual violence if not confined in a secure facility,...
	- - - - - - - - - - - - - - - - - - - - - - - Purpose of change: Adds the RCW consideration re: confinement in a secure facility.
WAC 388-880-030 Sexual predator program initial evaluation -- Reporting.
(1) ...evaluate and provide a recommendation to the court as to whether the person exhibits a personality disorder and/or mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence as defined in RCW 71.09.020; and (2) Whether release to a less restrictive alternative would be in the best interests of the person and conditions can be imposed that would adequately protect the community.	(1) ...evaluate and provide a recommendation to the court as to whether the person has been convicted of or charged with a crime of sexual violence and exhibits a personality disorder and/or mental abnormality suffers from a mental abnormality or personality disorder which makes the person more likely than not to engage in predatory acts of sexual violence as defined in RCW 71.09.020; if not confined in a secure facility. and (2) Whether release to a less restrictive alternative would be in the best interests of the person and conditions can be imposed that would adequately protect the community. (2) If the trial is continued beyond the forty-five day period specified in RCW 71.09.050(1), the evaluation must be completed and provided to attorneys for the prosecution and defense by the date ordered by the trial court or at least 30 days prior to trial.	RCW 71.09.050 (1) Within forty-five days after the completion of any hearing held pursuant to RCW 71.09.040, the court shall conduct a trial to determine whether the person is a sexually violent predator. RCW 71.09.020 (12) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility. RCW 71.09.050 ...The trial may be continued upon the request of either party…
	- - - - - - - - - - - - - - - - - - - - - - - Purpose of change: •     Follows language of RCW, employing SVP definition. •     Adds a time requirement for evaluation, if the trial is continued.
WAC 388-880-031 Sexual predator program annual evaluation -- Reporting.
(1) Annually or as required by court order, the department shall examine the mental condition of each person detained or committed under chapter 71.09 RCW. The annual report shall include consideration of whether: (a) The person currently meets the definition of a sexually violent predator; or (b) The person's condition has so changed that the person no longer meets the definition of a sexually violent predator; and (c) Conditional release to a less restrictive alternative is:....	(1) Annually or as required by court order, the department shall examine the mental condition of each person detained or committed under chapter 71.09 RCW. The annual report shall include consideration of whether: (a) The person currently meets the definition of a sexually violent predator; or and whether (b) The person's condition has so changed that the person no longer meets the definition of a sexually violent predator; and (c) Conditional release to a less restrictive alternative is:....	RCW 71.09.070 Each person committed under this chapter shall have a current examination of his or her mental condition made at least once every year. The annual report shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that would adequately protect the community....
	- - - - - - - - - - - - - - - - - - - - - - - Purpose of changes: •     Specifies annual examinations of committed persons, per RCW. •     Contains exact considerations required in RCW.
WAC 388-880-032 Recommendation for release to a less restrictive alternative (LRA).
(1) Upon an evaluation which may support a person's unconditional discharge or release to a less restrictive alternative, the SCC superintendent shall so inform the secretary. (2) Should the secretary concur, the secretary or the secretary's designee shall authorize the person to petition the court in accordance with RCW 71.09.090.	(1) Upon an evaluation which may support supports a person's unconditional discharge or release to a less restrictive alternative, the SCC superintendent shall so inform the secretary. (2) Should the secretary concur, the secretary or the secretary's designee shall authorize the person to petition the court in accordance with RCW 71.09.090.	RCW 71.09.090 (1) If the secretary determines that either: (a) The person's condition has so changed that the person no longer meets the definition of a sexually violent predator; or (b) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the secretary shall authorize the person to petition the court for conditional release to a less restrictive alternative or unconditional discharge.
	- - - - - - - - - - - - - - - - - - - - - - - Purpose of change: •     Provides clear determination and recommendation process, based upon clinical evaluation.
WAC 388-880-040 Individual treatment.
(2)(c) The person's initial or most recent annual evaluation; (6)(c) The person may be limited to participation in the earlier phases of treatment, since full disclosure of sex-related offenses is required of all persons in treatment and since full disclosure is unlikely if the person is not court-committed.	(2)(c) The person's initial or most recent annual evaluation; (6)(c) The person may be limited to participation in the earlier phases of treatment, since full disclosure of sex-related offenses is required of all persons in treatment and since full disclosure is unlikely if the person is not court-committed.
	- - - - - - - - - - - - - - - - - - - - - - - Purpose of change: •     Removes an error potentially harmful to all parties. •     Removes proposed language which is now invalid, due to an adverse court ruling.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 13, Amended 7, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 5, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 5, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 13, Amended 7, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

December 20, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) Beginning July 1, 1990, the department's SPP shall provide:

     (a) Custody, supervision, and evaluation of a person court-((ordered))detained to the SPP to determine if the person meets the definition of a sexually violent predator under ((this)) chapter 71.09 RCW; and

     (b) Treatment, care, and control((, care, and treatment services to)) of a person court-committed as a sexually violent predator.

     (3) Secure facilities operated by the department for the sexual predator program include the special commitment center (SCC) total confinement facility, the secure community transition facility, and any community-based facilities established under chapter 71.09 RCW and operated by the secretary or under contract with the secretary.

[99-21-001, recodified as § 388-880-005, filed 10/6/99, effective 10/6/99. Statutory Authority: RCW 71.09.230. 97-24-054, § 275-155-005, filed 12/1/97, effective 1/1/98. Statutory Authority: 1990 c 3. 90-17-120 (Order 3054), § 275-155-005, filed 8/21/90, effective 9/21/90.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 388-880-007   Purpose.   These rules carry out the legislative intent of chapter 71.09 RCW, authorizing the department to provide care, control, and treatment of persons court-detained or committed to the sexual predator program, identified as the special commitment center.

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     (((1))) "Appropriate facility" means ((a)) the total confinement facility the department uses ((for evaluating and determining if a person meets the definition of a sexually violent predator as defined in this section)) to hold and evaluate a person court-detained under chapter 71.09 RCW.

     (((2))) "Care" means a service the department provides during a person's detention or commitment ((to the SPP to sustain)) within a secure facility toward adequate health, shelter, and physical sustenance.

     (((3))) "Control" means a restraint, restriction, or confinement the department applies protecting a person from endangering self, others, or property during a ((commitment)) period of custody under ((this)) chapter 71.09 RCW.

     (((4))) "Department" means the department of social and health services.

     (((5))) "Escorted leave" means a leave of absence from a facility housing persons detained or committed under chapter 71.09 RCW under the continuous supervision of an escort.

     (((6))) "Evaluation" means an examination, report, or recommendation a professionally qualified person makes determining if a person ((meets or continues to meet the definition of a sexually violent predator as defined in this section)) has a personality disorder and/or mental abnormality, as defined in chapter 71.09 RCW, which renders the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

     (((7))) "Immediate family" includes a resident's parents, stepparents, parent surrogates, legal guardians, grandparents, spouse, brothers, sisters, half or stepbrothers or sisters, children, stepchildren, and other dependents.

     (((8))) "Indigent" means a resident who has not been credited with twenty-five dollars or more total from any source for deposit to the resident's trust fund account during the thirty days preceding the request for an escorted leave and has less than a twenty-five dollar balance in his/her trust fund account on the day the escorted leave is requested, and together with his/her requesting immediate family member affirm in writing that they cannot afford to pay the costs of the escorted leave without undue hardship. A declaration of indigency shall be signed by the resident and the resident's requesting immediate family member on forms provided by the department.

     (((9))) "Individual treatment plan (ITP)" means an outline the ((SPP)) SCC staff persons develop detailing how control, care, and treatment services are provided to a ((SPP-)) committed person or to a court-detained person.

     (((10))) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions stated in RCW 71.09.092.

     "Less restrictive alternative facility" means a secure community transition facility as defined under RCW 71.09.020(1).

     "Mental abnormality" means a congenital or acquired condition, including a personality disorder, affecting ((a)) the person's emotional or volitional capacity, ((including personality disorders,)) predisposing the person to ((commit criminal acts of sexual violence placing other persons in danger)) the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

     (((11))) "Oversight" means official direction, guidance, review, inspection, investigation, and information gathering activities conducted for the purposes of program quality assurance by persons or entities within, or external to, the SCC.

     "Predatory" means acts a person directs toward:

     (1) Strangers ((or));

     (2) Individuals with whom a relationship has been established or promoted for the primary purpose of victimization; or

     (3) Persons of casual acquaintance with whom no substantial personal relationship exists.

     (((12))) "Professionally qualified person" ((includes)) means:

     (((a))) (1) "Mental health counselor" means a person ((certified)) licensed as a mental health counselor under chapter ((18.19 RCW)) 251, Laws of 2001;

     (((b))) (2) "Psychiatric nurse" means a person licensed as a registered nurse under chapter ((18.88)) 18.79 RCW and having two or more years supervised clinical experience;

     (((c))) (3) "Psychiatrist" means a person licensed as a physician under chapters 18.71 and 18.57 RCW. In addition, the person shall:

     (((i))) (a) Have completed three years of graduate training in a psychiatry program approved by the American Medical Association or the American Osteopathic Association; and

     (((ii))) (b) Be certified, or eligible to be certified, by the American Board of Psychiatry and Neurology((;

     (d))).

     (4) "Psychologist" means a person licensed as a doctor of psychology under chapter 18.83 RCW; ((and

     (e))) (5) "Social worker" means a person ((certified)) licensed as ((a)) an advanced social worker or independent clinical social worker under chapter ((18.19 RCW.

     (13))) 251, Laws of 2001; and

     (6) "Clinical practitioner" means a sex offender treatment provider certified under chapter 18.155 RCW, or a forensic therapist three or forensic therapist supervisor designated to perform annual evaluations.

     "Resident" means a person detained or committed pursuant to chapter 71.09 RCW.

     (((14))) "Secretary" means the secretary of the department of social and health services((.

     (15))) or the secretary's designee.

     "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include, but are not limited to, the facilities established in RCW 71.09.201 and any community-based facilities established under chapter 71.09 RCW and operated by the secretary or under contract with the secretary.

     "Secure facility" means a ((department-operated facility, not located on the grounds of a state mental facility or residential habilitation center, with the purpose of confining and treating a person committed to the SPP.

     (16))) residential facility for persons court-detained or committed under the provisions of chapter 71.09 RCW that includes security measures sufficient to protect the community. Such facilities include total confinement facilities, secure community transition facilities, and any residence used as a court-ordered placement in RCW 71.09.096.

     "Sexual predator program (((SPP)))" means a department-administered and operated program including the special commitment center (SCC) established for:

     (((a))) (1) A court-((ordered)) detained person's custody and evaluation; or

     (((b))) (2) Control, care, and treatment of a court-committed person defined as a sexually violent predator under ((this)) chapter 71.09 RCW.

     (((17))) "Sexually violent offense" means an act defined under chapter ((71.09)) 9A.28 RCW ((and for which a person is charged or convicted on, before, or after July 1, 1990)), RCW 9.94A.030 and 71.09.020.

     (((18))) "Sexually violent predator" means ((a)) any person ((defined under chapter 71.09 RCW)) who has been convicted or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

     (((19))) "Superintendent" means the person delegated by the secretary of the department to be responsible for the ((facility housing persons detained or committed under chapter 71.09 RCW)) general operation, program, and facilities of the SCC.

     "Total confinement facility" means a facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a secure facility by the secretary.

[99-21-001, recodified as § 388-880-010, filed 10/6/99, effective 10/6/99. Statutory Authority: RCW 71.09.230. 97-24-054, § 275-155-010, filed 12/1/97, effective 1/1/98. Statutory Authority: 1990 c 3. 90-17-120 (Order 3054), § 275-155-010, filed 8/21/90, effective 9/21/90.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending Order 3609 [WSR 99-21-001], filed 10/6/99, effective 10/6/99)

WAC 388-880-020   Authorization for indefinite commitment to the sexual predator program.   The department shall admit a person ((to the SPP)) as a sexually violent predator only when ((all of the following requirements are met)):

     (1) ((Petition. The prosecuting attorney or attorney general if requested by the prosecutor files a petition with the superior court in the county where a person was most recently charged or convicted of a sexually violent offense;

     (2) Probable cause.)) A court determines probable cause exists and orders ((a)) the person transferred to an appropriate facility for evaluation(( as to whether the person is a sexually violent predator));

     (((3) Evaluation. A))

     (2) The person is evaluated by one or more professionally qualified persons ((and is found to have:

     (a) Been charged with or convicted of a sexually violent offense;

     (b) A mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence; and

     (c) A sentence or commitment about to expire or having expired.

     (4) Trial. A court commences a trial determining if a person is a sexually violent predator within forty-five days of the petition filing date, not including continuances requested by the alleged sexually violent predator; and

     (5) Judgment.));

     (3) The person is found to have a personality disorder and/or mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence unless confined in a secure facility; and

     (4) A court or jury finds a person, beyond a reasonable doubt, to be a sexually violent predator and the person is committed to the department's custody for control, care, and treatment.

[99-21-001, recodified as § 388-880-020, filed 10/6/99, effective 10/6/99. Statutory Authority: RCW 71.09.030 and 71.09.050. 93-17-027 (Order 3609), § 275-155-020, filed 8/11/93, effective 9/11/93. Statutory Authority: 1990 c 3. 90-17-120 (Order 3054), § 275-155-020, filed 8/21/90, effective 9/21/90.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending Order 3054 [WSR 99-21-001], filed 10/6/99, effective 10/6/99)

WAC 388-880-030   Sexual predator program initial evaluation -- Reporting.   (1) When a court orders a person transferred to an appropriate facility for evaluation, the department shall, ((within forty-five days of the petition filing date)) prior to the scheduled commitment hearing or trial, evaluate and provide a recommendation to the court as to whether the person ((meets the statutory definition of a sexually violent predator under Laws of 1990, chapter 3, section 1002.

     (2) Annually or more often, the department shall provide the committing court an evaluation determining if a committed person continues meeting the definition of a sexually violent predator under this chapter)) has been convicted of or charged with a crime of sexual violence and suffers from a mental abnormality or personality disorder which makes the person more likely than not to engage in predatory acts of sexual violence if not confined in a secure facility.

     (2) If the trial is continued beyond the forty-five day period specified in RCW 71.09.050(1), the evaluation must be completed and provided to attorneys for the prosecution and defense by the date ordered by the trail court or at least thirty days prior to trial.

[99-21-001, recodified as § 388-880-030, filed 10/6/99, effective 10/6/99. Statutory Authority: 1990 c 3. 90-17-120 (Order 3054), § 275-155-030, filed 8/21/90, effective 9/21/90.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 388-880-031   Sexual predator program annual evaluation -- Reporting.   (1) Annually or as required by court order, the department shall examine the mental condition of each person committed under chapter 71.09 RCW. The annual report shall include consideration of whether:

     (a) The person currently meets the definition of a sexually violent predator; and

     (b) Conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that would adequately protect the community.

     (2) The report of the department shall be in the form of a declaration or certification in compliance with the requirements of RCW 9A.72.085 and shall be prepared by a professionally qualified person as defined herein.

     (3) The department shall file this periodic report with the court that detained or committed the person under chapter 71.09 RCW.

     (4) A copy of this report shall be served on the prosecuting agency involved in the initial hearing or commitment and upon the detained or committed person and his or her counsel.

[]

[]

     (2) The ITP shall be based upon, but not limited to, the following information as may be available:

     (a) The person's offense history;

     (b) A psycho-social history;

     (c) The person's most recent annual evaluation; and

     (d) A statement of high risk factors for potential re-offense, as may be ascertained over time.

     (3) The ITP shall include, but not be limited to:

     (a) A description of ((a)) the person's specific treatment needs((;)) in:

     (i) Sex offender specific treatment;

     (ii) Substance abuse treatment;

     (iii) Supports to promote psychiatric stability;

     (iv) Supports for medical conditions and disability;

     (v) Social, family, and life skills.

     (b) An outline of intermediate and long-range treatment goals, with a ((projected timetable for reaching)) cognitive and behavioral measures for achieving the goals;

     (c) The treatment strategies for achieving the treatment goals;

     (d) A description of ((SPP)) SCC staff persons' ((responsibility)) responsibilities; and

     (e) A general plan and criteria, keyed to the resident's achievement of long-range treatment goals, for recommending to the court whether ((a)) the person should be released ((from the SPP)) to a less restrictive alternative.

     (((2) The SPP))

     (4) SCC staff persons shall review ((a committed)) the person's ITP every six months ((or more often)).

     (5) A detained person's plan may include access to program services and opportunities available to persons who are court-committed, with the exception that the detained person may be restricted in employment and other activities, depending on program resources and incentives reserved for persons who are court-committed and/or actively involved in treatment.

     (6) Nothing in this chapter shall exclude a court-detained person from engaging in the sex offender treatment program and, should the person elect to engage in treatment prior to the person's commitment trial:

     (a) The person shall be accorded privileges and access to program services in a like manner as are accorded to a committed person in treatment; and

     (b) Shall not, solely by reason of the person's voluntary participation in treatment, be judged nor assumed by staff, administrators or professional persons of the SCC or of the department to meet the definition of a sexually violent predator under chapter 71.09 RCW.

[99-21-001, recodified as § 388-880-040, filed 10/6/99, effective 10/6/99. Statutory Authority: 1990 c 3. 90-17-120 (Order 3054), § 275-155-040, filed 8/21/90, effective 9/21/90.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 388-880-042   Resident records -- Purposes.   (1) The SCC shall maintain records for each person court-detained for evaluation or committed for treatment as a sexually violent predator. Such records shall include:

     (a) All evaluations, records, reports, and other documents obtained from other agencies relating to the person prior to the person's detention and/or commitment to the SCC;

     (b) All evaluations, clinical examinations, forensic measures, charts, files, reports, and other information made for or prepared by SCC personnel, contracted professionals, or others which relate to the person's care, control, and treatment during the person's detention or commitment to, the SCC.

     (2) Records made by contracted professional persons providing treatment or residential services may be maintained in their professional files, subject to contractual arrangement for SCC or department access to those records.

[]

     (2) During the period of a person's residence at the SCC secure facility or LRA facility:

     (a) The person's treatment records shall be maintained in the facility wherein the resident is housed.

     (b) The person's medical and psychiatric records shall be maintained in the facility wherein the resident is housed and directly available to medical and emergency treatment providers and authorized staff persons.

     (3) During the period of a person's residence in a less restrictive alternative facility operated by the department, the person's treatment records shall be maintained in a safe location accessible only by authorized staff.

     (4) During a period of a resident's less restrictive alternative placement in a private home or in a facility operated by a contracting agency:

     (a) Original behavioral and treatment records and evaluations shall be maintained by the contracted professional person providing treatment and copies thereof shall be made available to the SCC or the department by contract requirement; and

     (b) Copies of documents held by the SCC may be made available as necessary to the contracting agency, the contracted treatment provider, and the assigned community corrections officer.

[]

     (a) The person's attorney;

     (b) The person's professionally qualified person, if any;

     (c) The prosecuting attorney, or the attorney general, if requested by the prosecuting attorney; and

     (d) The professionally qualified person approved by the prosecuting attorney or the attorney general.

     (2) Upon documented request by a resident, the SCC shall provide the resident supervised access to all records and reports, or to redacted copies thereof, related to the person's commitment, control, care, and treatment. The SCC may reasonably limit conditions, frequency and duration of the person's access to the person's records and reports.

     (3) A policy on access to resident records shall be maintained and published to residents of the SCC.

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     (a) While a person is currently court-detained or committed to the SCC;

     (b) Following a court ruling that a person does not meet the definition of a violent sexual predator within chapter 71.09 RCW and upon the person's release from the custody of the department;

     (c) Following a resident's unconditional discharge from commitment;

     (d) Following a resident's death.

     (2) All original records specified herein and held by the SCC shall be retained in the SCC total confinement facility for a period of five years, and in the records center of the Secretary of State for a period consistent with department administrative policy, after a resident's:

     (a) Release following a court ruling that the person does not meet the definition of a violent sexual predator within chapter 71.09 RCW;

     (b) Unconditional discharge from commitment; or

     (c) Death.

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     (a) Apprise the ((committed)) person of the person's right to an attorney and to retain a professionally qualified person to perform an evaluation on the ((committed)) person's behalf((.

     (2) Upon request, the department shall provide to the following persons access to a committed person for an evaluation and all records and reports related to the person's commitment, control, care, and treatment:

     (a) The committed person's attorney;

     (b) The committed person's professionally qualified person, if any;

     (c) The prosecuting attorney, or the attorney general, if requested by the prosecuting attorney; and

     (d) The professionally qualified person approved by the prosecuting attorney or the attorney general.

     (3)));

     (b) Provide access to the person and the person's records in accordance with RCW 71.09.080 and WAC 388-880-044.

     (2) A person the court detains for evaluation or commits to the ((SPP)) SCC shall:

     (a) Receive adequate care and individualized treatment;

     (b) Be permitted to wear the ((committed)) person's own ((clothes and)) clothing except as may be required during an escorted leave from the secure facility, and to keep and use the person's ((personal)) own possessions, except when deprivation of possessions is necessary for the person's protection and safety, the protection and safety of others, or the protection of property within the ((SPP)) SCC;

     (c) Be permitted to accumulate and spend a reasonable amount of money in the person's ((SPP)) SCC account;

     (d) Have access to reasonable personal storage space within ((SPP)) SCC limitations;

     (e) Be permitted to have approved visitors within reasonable limitations;

     (f) Have reasonable access to a telephone to make and receive confidential calls within ((SPP)) SCC limitations; and

     (g) Have reasonable access to letter writing material and to:

     (i) Receive and send correspondence through the mail within ((SPP)) SCC limitations and according to established safeguards against the receipt of contraband material to include, in the resident's presence, opening and inspecting packages and fanning written material; and

     (ii) Send written communication regarding the fact of the person's detention or commitment.

     (((4))) (3) A person the court commits to the ((SPP)) SCC shall have the following procedural rights to:

     (a) Have reasonable access to an attorney and be informed of the name and address of the person's designated attorney;

     (b) Petition the court for release from the ((SPP)) SCC; and

     (c) Receive annual written notice of the person's right to petition the committing court for release. The department's written notice and waiver shall:

     (i) Include the option to voluntarily waive the right to petition the committing court for release; and

     (ii) Annually be forwarded to the committing court by the department.

[99-21-001, recodified as § 388-880-050, filed 10/6/99, effective 10/6/99. Statutory Authority: RCW 71.09.030 and 71.09.050. 93-17-027 (Order 3609), § 275-155-050, filed 8/11/93, effective 9/11/93. Statutory Authority: 1990 c 3. 90-17-120 (Order 3054), § 275-155-050, filed 8/21/90, effective 9/21/90.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 97-24-054 [99-21-001], filed 10/6/99, effective 10/6/99)

WAC 388-880-110   Escort procedures.   (1) Only persons approved by the superintendent, or designee, will be authorized to serve as escorts. All escorts from the total confinement facility must be employees of either the department of social and health services or the department of corrections and must have attained permanent employee status. At least one of the escorts must be experienced in the escort procedures.

     (2) The superintendent, or designee, shall determine the use and type of restraints necessary for each escorted leave on an individual basis.

     (3) Escorted leaves supervised by department of corrections staff shall require the approval of the SCC superintendent ((of the appropriate facility)), or designee, and be done in accordance with ((established)) applicable department of corrections policy and procedures. The department of corrections shall be reimbursed, according to rates and procedures established between the department of social and health services and the department of corrections. Correctional officers may wear civilian clothing when escorting a resident ((to)) for a bedside visit or a funeral.

[99-21-001, recodified as § 388-880-110, filed 10/6/99, effective 10/6/99. Statutory Authority: RCW 71.09.230. 97-24-054, § 275-155-110, filed 12/1/97, effective 1/1/98.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.2979.3

     (1) A governing body;

     (2) Professional standards to be used as a benchmark for evaluation;

     (3) An inspection of care according to accepted professional standards;

     (4) An ombudsman service; and

     (5) External investigation of incidents.

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     (1) Be appointed by the secretary of the department of social and health services (DSHS);

     (2) Derive its membership in accordance with department policy established to this purpose;

     (3) Operate under by-laws approved by the secretary, DSHS.

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     (2) Such standards shall include provisions requiring:

     (a) Staff competency, training, and supervision;

     (b) Adequacy of treatment components and measures of progress;

     (c) A treatment-supportive environment;

     (d) Provision of medical services appropriate to a residential treatment setting; and

     (e) Program oversight.

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     (2) The purpose of the IOC shall be to provide objective measures of service delivery, for internal program use and quality management, to the governing body.

     (3) Members of the inspection of care team shall be contracted by the department annually for a specified period during which they shall:

     (a) Conduct an on-site and documentary inspection;

     (b) Prepare interim and final, and, as requested by the SCC superintendent or governing body, supplementary reports;

     (c) Receive and consider SCC program responses to all reports.

     (4) The IOC team shall be of no fewer than four and no more than six persons.

     (a) At least one member of the IOC team must not be a DSHS employee; and

     (b) At least one member must be a sex offender treatment provider.

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     (2) The ombudsman function shall be outside the supervision of the superintendent of the SCC and of the assistant secretary for health and rehabilitation services.

     (3) In performance of the ombudsman function, the individual(s) so employed shall be afforded access to all records and documents normally available to public inspection according to rules and policies of the department and of the state of Washington.

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     (2) The scope and authority for such investigations shall be determined through an interagency agreement between the department and the Washington state patrol.

     (3) Criteria to determine which incidents justify external investigation shall be approved by the secretary, DSHS.

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