Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 10.77.200 and [10.77.]210 as amended by 2SSB 6214, 1998 (not yet codified).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature, in sections 45 and 47 of 2SSB 6214, 1998, specified that certain state hospital records related to a competency or sanity evaluation or commitment (chapter 10.77 RCW) should be made available to criminal justice agencies, mental health facilities or correctional institutions or facilities. Section 46 of the bill states the following intent: "Increasing public safety; and making decisions based on a person's current conduct and medical condition rather than the classification of the charges.".

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

Process for Developing New Rule: The Department of Social and Health Services welcomes the public to take part in developing the rule. Anyone interested in participating should contact the staff person indicated below. After the rule is drafted, the Department of Social and Health Services will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone else who requests a copy. As required in the legislation, the Department of Corrections be consulted during the development.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting David Weston, Mental Health Program Administrator, P.O. Box 45320, Olympia, WA 98504-5320, voice (360) 902-0782, FAX (360) 902-7691, e-mail dweston@dshs.wa.gov.

May 1, 1998

Edith M. Rice, Chief

Office of Legal Affairs