PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Health and Rehabilitative Services Administration)
Date of Adoption: December 20, 2001.
Purpose: These rules are to amend chapter 388-880 WAC and add new chapter 388-881 WAC to govern the operation of the Special Commitment Center, which houses and treats violent sex offenders civilly committed under chapter 71.09 RCW. Rule amendments comply with law, enhance operations.
Citation of Existing Rules Affected by this Order: Amending WAC 388-880-005, 388-880-010, 388-880-020, 388-880-030, 388-880-040, 388-880-050, and 388-880-110.
Statutory Authority for Adoption: Chapter 71.09 RCW, chapter 44, Laws of 2000, ESSB 5122.
Adopted under notice filed as WSR 01-18-047 on August 29, 2001.
Changes Other than Editing from Proposed to Adopted Version:
| Rules as Proposed as WSR 01-18-047 | Adopted Rules Compared to Proposed Rules and Explanation of Changes to Proposed Rules (additions underlined, deletions struck-through) | Statutory Reference Chapter 71.09 RCW |
| WAC 388-880-010 Definitions. | ||
| "Professionally qualified person" means: "Clinical practitioner" means a person employed by the department under state employment guidelines and designated to perform annual evaluations. "Sexual predator program" means a department-administered and operated program identified as the special commitment center (SCC) established for:... |
"Professionally qualified person" means: (6) "Clinical practitioner" means a "Sexual predator program" means a
department-administered and operated program
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RCW 71.09.040 (4) ...The evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an examination pursuant to rules developed by the department of social and health services. In adopting such rules, the department of social and health services shall consult with the department of health and the department of corrections.... |
| - - - - - - - - - - - - - - - - - - - - - - - Purpose of changes: • Provides qualifications or classifications under employment guidelines. • Reflects law, which allows designated facilities besides the SCC. |
RCW 71.09.020 (13) "Total confinement facility" means a facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a secure facility by the secretary. |
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| WAC 388-880-020 Authorization for indefinite commitment to the sexual predator program. | ||
| (3) The person is found to have a personality disorder and/or mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence; and.... | (3) The person is found to have a personality disorder and/or mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence unless confined in a secure facility; and.... | RCW 71.09.060 (1)...In determining whether or not the person would be likely to engage in predatory acts of sexual violence if not confined in a secure facility,... |
| - - - - - - - - - - - - - - - - - - - - - - - Purpose of change: Adds the RCW consideration re: confinement in a secure facility. |
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| WAC 388-880-030 Sexual predator program initial evaluation -- Reporting. | ||
| (1) ...evaluate and provide a
recommendation to the court as to whether
the person exhibits a personality disorder
and/or mental abnormality which makes the
person more likely than not to engage in
predatory acts of sexual violence as defined
in RCW 71.09.020; and (2) Whether release to a less restrictive alternative would be in the best interests of the person and conditions can be imposed that would adequately protect the community. |
(1) ...evaluate and provide a recommendation to
the court as to whether the person has been
convicted of or charged with a crime of sexual
violence and (2) If the trial is continued beyond the forty-five day period specified in RCW 71.09.050(1), the evaluation must be completed and provided to attorneys for the prosecution and defense by the date ordered by the trial court or at least 30 days prior to trial. |
RCW 71.09.050 (1) Within forty-five days after the completion of any hearing held pursuant to RCW 71.09.040, the court shall conduct a trial to determine whether the person is a sexually violent predator. (12) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility. ...The trial may be continued upon the request of either party… |
| - - - - - - - - - - - - - - - - - - - - - - - Purpose of change: • Follows language of RCW, employing SVP definition. • Adds a time requirement for evaluation, if the trial is continued. |
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| WAC 388-880-031 Sexual predator program annual evaluation -- Reporting. | ||
| (1) Annually or as required by court order,
the department shall examine the mental
condition of each person detained or
committed under chapter 71.09 RCW. The
annual report shall include consideration of
whether: (a) The person currently meets the definition of a sexually violent predator; or (b) The person's condition has so changed that the person no longer meets the definition of a sexually violent predator; and (c) Conditional release to a less restrictive alternative is:.... |
(1) Annually or as required by court order, the
department shall examine the mental condition of
each person (a) The person currently meets the definition of a
sexually violent predator; (b) (c) Conditional release to a less restrictive alternative is:.... |
RCW 71.09.070 Each person committed under this chapter shall have a current examination of his or her mental condition made at least once every year. The annual report shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that would adequately protect the community.... |
| - - - - - - - - - - - - - - - - - - - - - - - Purpose of changes: • Specifies annual examinations of committed persons, per RCW. • Contains exact considerations required in RCW. |
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| WAC 388-880-032 Recommendation for release to a less restrictive alternative (LRA). | ||
| (1) Upon an evaluation which may support a
person's unconditional discharge or release to
a less restrictive alternative, the SCC
superintendent shall so inform the secretary. (2) Should the secretary concur, the secretary or the secretary's designee shall authorize the person to petition the court in accordance with RCW 71.09.090.
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(2) Should the secretary concur, the secretary or the secretary's designee shall authorize the person to petition the court in accordance with RCW 71.09.090.
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RCW 71.09.090 (1) If the secretary determines that either: (a) The person's condition has so changed that the person no longer meets the definition of a sexually violent predator; or (b) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the secretary shall authorize the person to petition the court for conditional release to a less restrictive alternative or unconditional discharge. |
| - - - - - - - - - - - - - - - - - - - - - - - Purpose of change: • Provides clear determination and recommendation process, based upon clinical evaluation. |
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| WAC 388-880-040 Individual treatment. | ||
| (2)(c) The person's initial or most recent
annual evaluation; (6)(c) The person may be limited to participation in the earlier phases of treatment, since full disclosure of sex-related offenses is required of all persons in treatment and since full disclosure is unlikely if the person is not court-committed. |
(2)(c) The person's (6) |
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| - - - - - - - - - - - - - - - - - - - - - - - Purpose of change: • Removes an error potentially harmful to all parties. • Removes proposed language which is now invalid, due to an adverse court ruling. |
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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 13, Amended 7, 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 3, Amended 5, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 5, 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 13,
Amended 7,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
December 20, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
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 02-03 issue of the Register.