WSR 09-11-102

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Special Commitment Center)

[ Filed May 19, 2009, 12:11 p.m. ]

Subject of Possible Rule Making: The department is amending WAC 388-880-005 Special commitment of sexually violent predators -- Legal basis, 388-880-007 Purpose, 388-880-010 Definitions, 388-880-020 Authorization for indefinite commitment to the sexual predator program, 388-880-030 Sexual predator program initial evaluation, 388-880-031 Sexual predator program annual evaluation, 388-880-033 Evaluator -- Qualifications, 388-880-034 Evaluator -- Pretrial evaluation responsibilities, 388-880-035 Refusal to participate in pretrial evaluation, 388-880-036 Pretrial evaluation -- Reporting, 388-880-040 Individual treatment, 388-880-042 Resident records -- Purposes, 388-880-043 Resident clinical records -- Location and custody, 388-880-044 Resident records -- Access, 388-880-045 Resident records -- Retention, 388-880-050 Rights of a person court-detained or court-committed to the special commitment center, 388-880-055 Recommendation for release to a less restrictive alternative (LRA), 388-880-060 Sexual predator program reimbursement, 388-880-070 Escorted leave -- Purposes, 388-880-080 Reasons allowed, 388-880-090 Conditions, 388-880-100 Application requests and approval for escorted leave, 388-880-110 Escort procedures, 388-880-120 Expenses, 388-880-130 Expenses -- Paid by resident, and 388-880-140 Expenses -- Paid by department, and related rules as required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 71.09 RCW and RCW 72.01.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These existing rules require updating to better reflect current practices and changes in chapter 71.09 RCW as they relate [to] matters associated with the civil commitment process of sexually violent predators.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: DSHS and the special commitment center welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mark Davis, Policy and Performance Administrator, DSHS Special Commitment Center, Mailstop W27-22, P.O. Box 88450, Steilacoom, WA 98388-0646, phone (253) 617-6283, fax (253) 589-6228, e-mail DavisMF@dshs.wa.gov.

May 19, 2009

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office