WSR 10-13-130



(Special Commitment Center)

[ Filed June 22, 2010, 2:55 p.m. , effective July 23, 2010 ]

     Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of these proposed rule changes is to update, clarify and better reflect current practices and changes in chapter 71.09 RCW as they relate to matters associated with the civil commitment process of sexually violent predators.

     This filing includes the adoption of six new sections, WAC 388-880-056 How SCC considers a resident for release to an LRA, 388-880-057 How SCC considers a resident's revocation of LRA status, 388-880-058 How SCC considers a recommendation for a resident's unconditional discharge, 388-880-059 Communicating and coordinating resident discharge and conditional release related matters, 388-880-150 Requests for public disclosure, and 388-880-151 Requests for resident medical information.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-880-005, 388-880-007, 388-880-010, 388-880-030, 388-880-031, 388-880-033, 388-880-034, 388-880-035, 388-880-036, 388-880-040, 388-880-042, 388-880-043, 388-880-044, 388-880-045, 388-880-050, 388-880-055, 388-880-060, 388-880-070, 388-880-080, 388-880-090, 388-880-100, 388-880-110, 388-880-120, 388-880-130, and 388-880-140.

     Statutory Authority for Adoption: Chapter 71.09 RCW.

     Other Authority: RCW 72.01.090.

      Adopted under notice filed as WSR 10-07-117 on March 22, 2010.

     Changes Other than Editing from Proposed to Adopted Version:

The reflection that there is a fourth type of evaluation that may occur related to a person's commitment or detention under chapter 71.09 RCW which is a "Post Commitment Evaluation," this change is supported in RCW 71.09.090.
The elimination of some proposed language at the request of defense and prosecution which pertains to specific evaluator duties and responsibilities which was felt to be already adequately described in chapter 71.09 RCW.
The inclusion of two specific external governmental entities, by title, to receive notification of special commitment center decisions pertaining to sexually violent predator discharges and conditional releases.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 25, 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 6, Amended 25, Repealed 0.

     Date Adopted: June 15, 2010.

Katherine I. Vasquez

Rules Coordinator

     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 10-14 issue of the Register.

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