WSR 13-03-092

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Special Commitment Center)

[ Filed January 15, 2013, 2:04 p.m. , effective February 15, 2013 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule change is to clarify business practices and expectations as they pertain to the special commitment center's (SCC) security activities and public safety responsibilities related to how resident escorted leave from the total confinement facility is safely and securely conducted when leave is approved under the conditions authorized in RCW 71.09.210. Additionally, these changes are necessary to align WAC language with the requirements found in RCW 71.09.200. SCC is authorized to make this rule change under RCW 71.09.800 and 72.01.090.

Citation of Existing Rules Affected by this Order: Amending WAC 388-880-110.

Statutory Authority for Adoption: RCW 71.09.800 and 72.01.090.

Adopted under notice filed as WSR 12-24-012 on November 27, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: January 9, 2013.

Katherine I. Vasquez

Rules Coordinator

4377.2
AMENDATORY SECTION(Amending WSR 10-13-130, filed 6/22/10, effective 7/23/10)

WAC 388-880-110   Procedures for resident escorted leave from the total confinement facility.   (1) Only ((persons)) an employee approved by the superintendent, or designee, will be authorized to serve as ((escorts)) an escort. 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, or designee, and be done in accordance with 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 for a bedside visit or a funeral)) Escorted leave will only be granted for the reasons set forth in RCW 71.09.210.

(3) As a matter to standard procedure, the minimum level of restraint used on all escorted leaves performed under RCW 71.09.210 will be ankle and waist restraints which are intended to limit the person's ability to run and/or swing their arms.

(4) The superintendent, or designee, shall:

(a) As needed, on an individual basis, determine the need to use any additional types of restraint above and beyond the standard ankle and waist restraints.

(b) Determine if escort staff will be authorized to wear civilian clothing when escorting a resident to a bedside visit or funeral.

(c) Determine the number of staff and job classification of staff that shall conduct the escort.

(d) Ensure escort staff are trained and experienced in the escort procedures.

(e) Ensure that escorted leaves are supervised by staff in accordance with written procedures approved by the superintendent, or designee.

(f) Ensure that one escort is designated as a lead worker when more than one employee participates on the escort.

(5) The escort shall:

(a) Supervise the resident per written procedure.

(b) Adhere to the restraint level determination.

(c) Ensure that if a resident escapes, or disappears, that local law enforcement is immediately notified and that notification shall include a description of the resident's physical person, clothing and photo.

(d) Carry a copy of the resident's photo and description.

(e) Not deviate from the approved route or make unplanned stops unless an emergency situation arises.

[Statutory Authority: Chapter 71.09 RCW and RCW 72.01.090. 10-13-130, 388-880-110, filed 6/22/10, effective 7/23/10. Statutory Authority: Chapter 71.09 RCW, 2000 c 44, 2001 c 286. 02-02-054, 388-880-110, filed 12/27/01, effective 1/27/02. 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.]