(1) When a court orders a person transferred to an appropriate facility for an evaluation as to whether the person is a sexually violent predator, pursuant to RCW
71.09.040(4), the department shall, before the scheduled commitment hearing or trial, provide an evaluation to the court. The evaluation must make a recommendation as to whether the person suffers from a mental abnormality or personality disorder that makes the person more likely than not to engage in predatory acts of sexual violence if not confined in a secure facility.
(2) Supplemental and post commitment evaluations must be conducted in accordance with the criteria set forth in WAC
388-880-033, and must be in the form required by and filed in accordance with WAC
388-880-034 and
388-880-036.
[Statutory Authority: Chapter
71.09 RCW and RCW
72.01.090. WSR 10-13-130, § 388-880-030, filed 6/22/10, effective 7/23/10. Statutory Authority: RCW
71.09.040(4). WSR 03-23-022, § 388-880-030, filed 11/10/03, effective 12/11/03. Statutory Authority: Chapter
71.09 RCW, 2000 c 44, 2001 c 286. WSR 02-02-054, § 388-880-030, filed 12/27/01, effective 1/27/02. WSR 99-21-001, recodified as § 388-880-030, filed 10/6/99, effective 10/6/99. Statutory Authority: 1990 c 3. WSR 90-17-120 (Order 3054), § 275-155-030, filed 8/21/90, effective 9/21/90.]