WSR 10-07-117

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

(Special Commitment Center)

[ Filed March 22, 2010, 12:05 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-11-102.

Title of Rule and Other Identifying Information: WAC 388-880-005 Special commitment of sexually violent predators -- Legal basis, 388-880-007 Purpose, 388-880-010 Definitions, 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), 388-880-056 How SCC considers a resident for release to an LRA, 388-880-057 How SCC considers a resident's revocation of LRA status, 388-880-058 How SCC considers a recommendation for a resident's unconditional discharge, 388-880-059 Communicating and coordinating resident discharge and conditional release related matters, 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, 388-880-140 Expenses -- Paid by department, 388-880-150 Requests for public disclosure, and 388-880-151 Requests for resident medical information.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at

http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html

or by calling (360) 664-6094), on May 11, 2010, at 10:00 a.m.

Date of Intended Adoption: Not sooner than May 12, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on May 11, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 27, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these proposed rule changes is to clarify our business practices pursuant to civil commitment treatment and proceedings under chapter 71.09 RCW.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: Chapter 71.09 RCW and RCW 72.01.090.

Statute Being Implemented: Chapter 71.09 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Davis, P.O. Box 88450, Steilacoom, WA 98388-0646, (253) 617-6283; Implementation and Enforcement: Kelly Cunningham, P.O. Box 88450, Steilacoom, WA 98388-0646, (253) 583-5933.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and concluded that they pertain to the practices within the special commitment center and the courts. They do not impact small businesses. The preparation of a comprehensive small business economic impact statement is not required under RCW 19.85.030.

A cost-benefit analysis is not required under RCW 34.05.328. No cost-benefit analysis was prepared because these rules are an "interpretive rule" under RCW 34.05.328 for which a violation of which does not subject a person to a penalty or sanction, and serves only to set forth the agency's interpretation of statutory provisions it administers.

March 8, 2010

Katherine I. Vasquez

Rules Coordinator

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 10-08 issue of the Register.

Washington State Code Reviser's Office