Washington Administrative Code › Title 388 - Social and Health Services, Department of › SPECIAL COMMITMENT CENTER › Chapter 388-885 - Civil commitment cost reimbursement › Section 388-885-016 - Matters for which reimbursement is not available

Current through Register Vol. 24-14, July 15, 2024
The department will not reimburse under chapter 388-885 WAC
				  for the costs of the following:
(1)
				Investigation or legal representation challenging the conditions of confinement
				at SCC.
(2) Investigation, legal
				representation, or reimbursement for the costs of making requests under the
				Public Records Act,
				chapter
				42.56 RCW, and for the
				costs of records procured subject to the Public Records Act.
(3) Legal representation or advice provided
				regarding a grievance filed pursuant to SCC policy 204, unless provided as a
				part of SVP trial investigation and preparation under WAC
				388-885-010(2)(d) and
				(e).
(4) Legal representation or advice provided
				regarding a behavioral management report pursuant to SCC policy 235 or 238,
				unless provided as a part of SVP trial investigation and preparation under WAC
				388-885-010(2)(d) and
				(e).
(5) Investigation, legal representation,
				advice and associated costs regarding residents as defined in WAC
				388-885-010 who have been
				criminally charged, unless provided as a part of SVP trial investigation and
				preparation under WAC
				388-885-010(2)(d) and
				(e).
(6) Depositions conducted without a subpoena
				or by agreement of counsel, unless authorized by the court.
(7) A new full evaluation of a resident when
				the evaluator has previously conducted a full evaluation of the same person
				within the past twelve months, unless authorized by the court.
(8) After the appeal of the initial
				commitment proceeding, the department will not reimburse for appeal costs, the
				department does not pay for the costs associated with the appeal of the order
				of commitment or an appeal resulting from any proceeding thereafter. These
				costs are reimbursed by the State Office of Public Defense.
(9) Costs associated with finding or
				developing a different less restrictive alternative other than what the
				department supports, unless authorized by the court for good cause.
(10) Any form of training for attorneys,
				expert witnesses, or other persons including continuing legal education or
				workshops.
(11) Legal
				representation during a period not covered as part of the civil commitment
				process as defined in WAC
				388-885-010(2).
(12) For expert evaluation services performed
				by any party who does not qualify as a "professionally qualified person" WAC
				388-880-010.
(13) For mental health or sex offender
				treatment provider services, treatment or consultation rendered to a resident
				at the total confinement facility or a secure community transition facility or
				other less restrictive alternative setting by anyone licensed under
				title
				18 RCW unless approved in
				advance, in writing, by the SCC superintendent.
(14) For the presence of more than a single
				attorney at any evaluation or interview unless the presence of a second
				attorney is specifically authorized by order of the court.
(15) Standby attorneys for pro se litigants
				are compensated only in so far as allowed for specific activities set forth in
				the court order which appointed them and for reimbursement purposes, that
				appointment may only be for matters defined in WAC
				388-885-010(2)"civil commitment process."
Statutory Authority: Chapter 71.09 RCW,
					 RCW
					 72.01.090, 2010 c 28, 2010 c 37, and
					 Washington state supreme court decision No. 80570-9 re Detention of John L.
					 Strand, filed October 8, 2009. 11-10-086, § 388-885-016, filed 5/4/11,
					 effective 6/4/11.