WSR 00-10-063

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Juvenile Rehabilitation Administration)

[ Filed April 28, 2000, 3:29 p.m. ]

Subject of Possible Rule Making: Parole revocation due process procedures for youth detained out of state pending a return to Washington for the purpose of suspending parole.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 72.01.090, 72.05.130.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rule does not distinguish detention in state and out of state. The term detention is used to describe the period of time that a parole absconder is incarcerated prior to the completion of the due process required for revocation. It is not possible to meet the timelines for due process if the offender is not in our custody in Washington. Therefore it is not possible to complete a revocation on a youth when the youth is out of state without distinguishing detention as being in Washington state. This rule change is for making that distinction.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Office of Administrative Law Judges.

Process for Developing New Rule: Negotiated rule making, DSHS welcomes the public to take part in developing this rule. Anyone interested in participating should contact the staff person indicated below. After the rule is drafted, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and will send a copy to everyone currently on the mailing list and any one else 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 Jeff Patnode, Juvenile Rehabilitation Administration, 14th and Jefferson Street, P.O. Box 45725, Olympia, WA 98504-5720, (360) 902-8095, fax (360) 902-8108, TTY (360) 902-7862, e-mail patnoja@dshs.wa.gov.

April 26, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office