WSR 12-24-012

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Special Commitment Center)

[ Filed November 27, 2012, 1:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-15-076.

Title of Rule and Other Identifying Information: WAC 388-880-110 Procedures for resident escorted leave from the total confinement facility.

Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on January 8, 2013, at 10:00 a.m.

Date of Intended Adoption: Not earlier than January 9, 2013.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on January 8, 2013.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 18, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule pertains only to special commitment center program activities, specifically to its public safety functions when escorting and transporting dangerous sexually violent predators from the total confinement facility into and out of the community under conditions set in RCW 71.09.200, [71.09.]210, [71.09.]220 and [71.09.]230.

Reasons Supporting Proposal: From a public safety perspective, the existing language in WAC 388-880-110 is archaic and inadequate. It lacks focus and direction to those DSHS employees that must carry out this important public safety activity, the escorting of dangerous sexually violent predators from their secured surroundings on McNeil Island into the local community for necessary health care not available on the island.

From a budget shortfall perspective, the existing language in WAC 388-880-110 exacerbates costs and contributes to routine overspending due to archaic staffing requirements that are not in compliance with RCW 71.09.200, archaic language that drives up costs as much as two and [a] half times what it should cost.

Statutory Authority for Adoption: RCW 71.09.800 and 72.01.090.

Statute Being Implemented: RCW 71.09.800 and 72.01.090.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Davis, P.O. Box 88450, Steilacoom, WA 98388-0646, (253) 583-5938; Implementation: Cathi Harris, P.O. Box 88450, Steilacoom, WA 98388-0646, (253) 589-6219; and Enforcement: Donald Gauntz, P.O. Box 88450, Steilacoom, WA 98388-0646, (253) 583-5933.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule change has been carefully reviewed and it is concluded that it pertains to state operations and it does not impact small businesses. The preparation of a comprehensive small business economic impact statement is not required under RCW 19.85.030.

A cost-benefit analysis is not required under RCW 34.05.328. No cost-benefit analysis was prepared because these rules are an "interpretive rule" under RCW 34.05.328 for which a violation of which does not subject a person to a penalty or sanction, and serves only to set forth the agency's interpretation of statutory provisions it administers.

November 14, 2012

Katherine I. Vasquez

Rules Coordinator

4377.1
AMENDATORY SECTION(Amending WSR 10-13-130, filed 6/22/10, effective 7/23/10)

WAC 388-880-110   Procedures for resident escorted leave from the total confinement facility.   (1) Only ((persons)) an employee approved by the superintendent, or designee, will be authorized to serve as ((escorts)) an escort. All escorts from the total confinement facility must be employees of ((either)) the department of social and health services ((or the department of corrections and must have attained permanent employee status. At least one of the escorts must be experienced in the escort procedures)).

(2) ((The superintendent, or designee, shall determine the use and type of restraints necessary for each escorted leave on an individual basis.

(3) Escorted leaves supervised by department of corrections staff shall require the approval of the SCC superintendent, or designee, and be done in accordance with applicable department of corrections policy and procedures. The department of corrections shall be reimbursed, according to rates and procedures established between the department of social and health services and the department of corrections. Correctional officers may wear civilian clothing when escorting a resident for a bedside visit or a funeral)) Escorted leave will only be granted for the reasons set forth in RCW 71.09.210.

(3) As a matter to standard procedure, the minimum level of restraint used on all escorted leaves performed under RCW 71.09.210 will be ankle and waist restraints which are intended to limit the person's ability to run and/or swing their arms.

(4) The superintendent, or designee, shall:

(a) As needed, on an individual basis, determine the need to use any additional types of restraint above and beyond the standard ankle and waist restraints.

(b) Determine if escort staff will be authorized to wear civilian clothing when escorting a resident to a bedside visit or funeral.

(c) Determine the number of staff and job classification of staff that shall conduct the escort.

(d) Ensure escort staff are trained and experienced in the escort procedures.

(e) Ensure that escorted leaves are supervised by staff in accordance with written procedures approved by the superintendent, or designee.

(f) Ensure that one escort is designated as a lead worker when more than one employee participates on the escort.

(5) The escort shall:

(a) Supervise the resident per written procedure.

(b) Adhere to the restraint level determination.

(c) Ensure that if a resident escapes, or disappears, that local law enforcement is immediately notified and that notification shall include a description of the resident's physical person, clothing and photo.

(d) Carry a copy of the resident's photo and description.

(e) Not deviate from the approved route or make unplanned stops unless an emergency situation arises.

[Statutory Authority: Chapter 71.09 RCW and RCW 72.01.090. 10-13-130, 388-880-110, filed 6/22/10, effective 7/23/10. Statutory Authority: Chapter 71.09 RCW, 2000 c 44, 2001 c 286. 02-02-054, 388-880-110, filed 12/27/01, effective 1/27/02. 99-21-001, recodified as 388-880-110, filed 10/6/99, effective 10/6/99. Statutory Authority: RCW 71.09.230. 97-24-054, 275-155-110, filed 12/1/97, effective 1/1/98.]