WSR 03-18-106



(Health and Rehabilitative Services Administration)

[ Filed September 2, 2003, 5:19 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-08-078.

     Title of Rule: Chapter 388-880 WAC, Sexual predator program -- Special commitment -- Escorted leave.

     Purpose: In accordance with RCW 71.09.040(4), the department is amending the evaluation sections of chapter 388-880 WAC, and any related rules, that refer to "evaluations, evaluation criteria, evaluation preparation, and other procedures" to determine if a person meets the definition of a sexually violent predator pursuant to chapter 71.09 RCW.

     Statutory Authority for Adoption: RCW 71.09.040(4).

     Statute Being Implemented: RCW 71.09.040(4).

     Summary: Proposed rule relates to evaluation processes for possible civil commitment and (1) authorize the secretary or designee to enter agreements with other agencies/entities to implement rule; (2) clarify qualifications for out-of-state professional evaluators; (3) remove unused categories of evaluators; (4) specify bases, content, and form of evaluations; (5) clarify conditions for sexual predator program admission; and (6) align terminology with statute.

     Reasons Supporting Proposal: Proposed rule allows interagency and intradepartmental cooperation to streamline the evaluation process and reduce costs.

     Name of Agency Personnel Responsible for Drafting: Cynthia Alexander, DSHS, Office of Administrative Resources, Blake East, 4500 10th S.E., Lacey, (360) 664-6073 and Lee E. Mosley, SCC Administrative Office, Steilacoom, (253) 589-7352; Implementation and Enforcement: Kim Acker, DOC Headquarters, Olympia, (360) 664-9001 and Dan Yanisch, SCC Administrative Office, Steilacoom, (253) 589-7352.

     Name of Proponent: Department of Social and Health Services, Health and Rehabilitative Services Administration, governmental.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No small business impact. Cost savings to the state is anticipated.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule is intended to support a cooperative relationship between governmental and prosecutorial agencies with the purpose of reducing duplication of evaluations leading to possible court commitment to determine whether those persons meet the definition of a sexually violent predator under chapter 71.09 RCW.

     The changes also place in rule a standard set of sources and bases for evaluations. The effects are expected to be: (1) Courts will have a consistent model upon which to base an order for evaluations; (2) a single qualified professional will provide an evaluation meeting the needs of each cooperating agency/entity; and (3) the state will realize savings in efficiency and cost by avoiding duplicative evaluations formerly done at various steps in the process leading to a commitment hearing.

     Proposal Changes the Following Existing Rules:

•     The title of the rule is amended to better reflect its contents.

•     Certain categories of evaluators were never used and have been removed.

•     Licensure for out-of-state evaluators was added to relevant definitions, consistent with state licensure requirements.

•     A subsection related to the commitment process is simplified and moved by deletion and addition, to a more logical location in the rule.

•     Terms specifying detention and commitment are clarified as court-detained and court-committed.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No more than minor costs to small business will occur; therefore, no small business economic impact statement is necessary under the statute.

     RCW 34.05.328 applies to this rule adoption. This rule is considered significant because it makes significant changes to existing rule. A cost benefit analysis has been prepared pursuant to RCW 34.05.328. A copy of this document is available by contacting Lee Mosley, Policy Analyst, Special Commitment Center, P.O. Box 88450, Steilacoom, WA 98388-0646, phone (253) 589-7352, e-mail

     Hearing Location: Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 21, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 17, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail, by 5:00 p.m., October 21, 2003.

     Date of Intended Adoption: Not earlier than October 22, 2003.

August 28, 2003

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 03-19 issue of the Register.

Legislature Code Reviser 


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